Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
224.10-100,
224.20-100,
224.20-110,
224.20-120,
40 C.F.R. Part 70,
42
U.S.C. 7661-7661(f)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
224.10-100 requires the Environmental and
Public Protection Cabinet to promulgate administrative regulations for the
prevention, abatement, and control of air pollution. This administrative
regulation establishes requirements for air contaminant sources located in
Kentucky that are required to obtain a Title V permit.
Section 1. Applicability. This administrative
regulation shall apply to sources required to obtain a Title V permit,
including:
(1) Major sources;
(2) Affected sources subject to the Acid Rain
Program;
(3) Sources subject to new
source review under
401
KAR 51:017 or
401
KAR 51:052; and
(4) Sources that are:
(a) Subject to a federal standard promulgated
under
42 U.S.C.
7411 (NSPS) or
42 U.S.C.
7412 (NESHAP); and
(b) Not exempted or deferred from Title V
permitting by the U.S. EPA.
Section 2. Exemptions. The following sources
shall be exempt from this administrative regulation, except that an exempted
source may voluntarily apply for a Title V permit:
(1) Sources required to obtain a permit
solely because they are subject to
40 C.F.R.
60.530 to
60.539b,
Standards of Performance for New Residential Wood Heaters; and
(2) Sources required to obtain a permit
solely because they are subject to the requirements contained in
401
KAR 58:025, Asbestos standards.
Section 3. General Provisions.
(1) Sources subject to this administrative
regulation shall:
(a) Not construct,
reconstruct, or modify without a permit or permit revision issued under this
administrative regulation, except as provided in Sections 13, 14, 15, 17, and
18 of this administrative regulation;
(b) Operate in compliance with a permit
issued under this administrative regulation;
(c) Demonstrate compliance with applicable
requirements if requested by the cabinet;
(d) Comply with
401 KAR 50:038,
Emission fees;
(e) Submit an annual
compliance certification pursuant to Section 21 of this administrative
regulation;
(f) Submit an annual
emission certification pursuant to Section 22;
(g) Apply for a permit renewal pursuant to
Section 12 of this administrative regulation; and
(h)
1. Allow
authorized representatives of the cabinet to enter upon the premises where a
source is located or emissions-related activity is conducted, or records are
kept, at reasonable times:
a. To access and
copy any records required by the permit;
b. To inspect any facility, equipment
(including air pollution control equipment), practice, or operation;
and
c. To sample or monitor
substances or parameters to determine compliance with the permit and all
applicable requirements.
2. Reasonable times shall be:
a. During all hours of operation;
b. During normal office hours; or
c. During an emergency.
(2) For
permits issued to construct, reconstruct, or modify:
(a) The permit shall become invalid if the
permitted action:
1. Is not commenced within
eighteen (18) months after the permit is issued;
2. Begins but is discontinued for a period of
eighteen (18) months or more; or
3.
Is not completed within eighteen (18) months of the scheduled completion
date;
(b) For phased
construction projects:
1. Each phase shall
commence construction within eighteen (18) months of the projected and approved
commencement dates;
2. The time
period between construction of approved phases shall not count in determining
that construction has been discontinued for eighteen (18) months or longer;
and
3. The cabinet may extend the
time periods in this paragraph if the source shows good cause.
(3) Sources that
construct, reconstruct, or modify shall demonstrate compliance pursuant to
401 KAR
50:055 as follows:
(a) Constructing or reconstructing sources
shall demonstrate compliance with all applicable requirements;
(b) Modifying sources shall demonstrate
compliance with all applicable requirements that:
1. Become applicable following the
modification; or
2. May be affected
as a result of the modification; and
(c) Sources that have not demonstrated
compliance during the prescribed timeframe given in
401 KAR
50:055 shall operate only for purposes of
demonstrating compliance unless otherwise authorized by an approved compliance
plan or an order of the cabinet.
Section 4. Applying for a Permit, Permit
Revision, or Permit Renewal.
(1) Complete
applications shall be submitted using Forms DEP7007AI to DD, which is
incorporated by reference in
401
KAR 52:050, for the following permit actions:
(a) Initial permits for sources commencing
construction;
(b) The first Title V
permit for sources that commence construction prior to January 15,
2001;
(c) Renewal permits;
and
(d) Permit revisions, including
administrative permit amendments, minor permit revisions, and significant
permit revisions.
(2) A
complete application shall contain the information specified in Section 5 of
this administrative regulation, except that:
(a) Forms DEP7007AA, BB, and CC shall not be
required for the application of a source commencing construction unless a
compliance plan is required under Section 3(3)(c) of this administrative
regulation;
(b) Applications for
permit revisions shall provide only the information related to the change and a
certification by a responsible official pursuant to Section 23 of this
administrative regulation; and
(c)
Applications for permit renewals shall provide only the information that is new
or different from the most recent source-wide permit application and
certification by a responsible official pursuant to Section 23 of this
administrative regulation.
(3) Sources subject to Section 1(4) of this
administrative regulation shall submit a complete application within one (1)
year after the U.S. EPA publishes a final rule requiring the source to obtain a
Title V permit.
(4) Sources that
submit an application with a claim of confidential information shall:
(a) Authorize the cabinet to submit the
information to the U.S. EPA; or
(b)
Submit the information to the cabinet and directly to the U.S. EPA.
(5) Completed application forms
shall be submitted to Kentucky Division for Air Quality, Attn: Permit Support
Section, 300 Sower Boulevard, Frankfort Kentucky 40601:
(a) For initial permits, minor permit
revisions, significant permit revisions, and permit renewals, the original plus
two (2) copies; and
(b) For
administrative permit amendments, the original only.
(6) The cabinet may request up to seven (7)
additional copies of the completed application form if needed for public
review.
(7) Forms DEP7007AI to DD
may be obtained:
(a) By contacting the
Kentucky Division for Air Quality, Permit Support Section, 300 Sower Boulevard,
Frankfort, Kentucky 40601, phone (502) 564-3999, or fax (502) 564-4666;
or
(b) On the Internet at:
http://air.ky.gov.
Section 5. Information Required on
Application. Applications shall contain:
(1)
All the information needed to determine the applicable requirements and
emission fees;
(2) The following
administrative information:
(a) Company name
and address and, if different, plant name and address;
(b) Owner's and agent's names and
addresses;
(c) Name, address, and
phone number of the plant site manager or contact;
(d) Description of the source's processes and
products; and
(e) Appropriate SIC
Code;
(3) The following
emissions-related information:
(a) All
emissions for which the source is major and all emissions of regulated air
pollutants;
(b) All fugitive
emissions, listed in the same manner as stack emissions;
(c) Additional information if needed to
verify which requirements are applicable;
(d) Identification of the applicable
requirements for each emissions unit;
(e) Identification and description of all
emission units and emission points in sufficient detail to establish the basis
for applicable requirements and emission fees;
(f) Identification and description of air
pollution control equipment and compliance monitoring devices or
activities;
(g) Emission rates in
tons per year and in terms necessary to establish compliance consistent with
the applicable standard reference test method;
(h) Fuels, fuel use, raw materials,
production rates, and operating schedules to the extent needed to determine or
limit emissions;
(i) Other
information required by an applicable requirement, including stack height
limitations developed pursuant to
401 KAR
50:042; and
(j) Calculations on which the information in
this paragraph is based;
(4) Citation and description of all
applicable requirements, and the applicable test method for determining
compliance with each;
(5) An
explanation of proposed exemptions to otherwise applicable
requirements;
(6) Other information
if needed to implement and enforce other applicable requirements or to
determine their applicability;
(7)
If applicable, information needed to determine the applicable requirements and
emission fees, and to define the permit terms and conditions for:
(a) Each alternate operating scenario;
and
(b) Emissions trading under
federally-enforceable emissions caps containing proposed rep-licable procedures
and permit terms that ensure the emissions trades are quantifiable and
enforceable;
(8) A
compliance plan containing:
(a) The compliance
status for all applicable requirements, including:
1. For requirements with which the source is
in compliance, a statement that the source will continue to comply;
and
2. For requirements with which
the source is not in compliance, a narrative description of how the source will
achieve compliance;
(b) A
compliance schedule that:
1. Resembles or is
at least as stringent as that contained in an order of the cabinet;
2. Is supplemental to, and does not condone
noncompliance with, the applicable requirements upon which it is
based;
3. Includes, for applicable
requirements that will become effective during the permit term, a statement
that the source will comply on a timely basis, unless a more detailed schedule
is called for in the applicable requirement; and
4. Includes, for requirements with which the
source is not in compliance, remedial measures leading to compliance, including
checkpoints and scheduled completion dates;
(c) For sources required to have a schedule
of compliance to remedy a violation or non-compliance, a schedule for
submission of certified progress reports no less frequent than every six (6)
months;
(9) A
certification of compliance with all applicable requirements by a responsible
official pursuant to Section 23 of this administrative regulation;
(10) A statement of methods used for
determining compliance, including a description of monitoring, recordkeeping
and reporting requirements, and test methods;
(11) A schedule for submission of compliance
certifications during the permit term, to be submitted annually or more
frequently if specified by the cabinet or in an applicable
requirement;
(12) A statement
describing the source's compliance status with applicable monitoring, including
enhanced monitoring, and compliance certification requirements; and
(13) Insignificant activities as specified in
Section 6(1) of this administrative regulation.
Section 6. Insignificant and Trivial
Activities.
(1) Activities that meet the
following conditions shall be classified as insignificant activities:
(a) The PTE from each activity shall not
exceed:
1. One-half (1/2) tpy of combined
HAPs; or
2. Five (5) tpy of a
nonhazardous regulated air pollutant;
(b) The activity shall not involve the
incineration of medical waste; and
(c) The activity shall not be subject to a
federally-enforceable requirement, other than generally applicable
requirements.
(2) In
applications for permits, permit revisions, and permit renewals, sources shall:
(a) Include descriptions for all
insignificant activities;
(b)
Include all applicable requirements for each insignificant activity;
and
(c) Not be required to provide
detailed estimates for insignificant activities.
(3) A list of insignificant activities and
generally applicable requirements approved by the cabinet shall be maintained
and made available on request by contacting the Division for Air Quality,
Permit Support Section, phone (502) 564-3999, or fax (502) 564-4666.
(4) The cabinet shall maintain a list of
approved trivial activities, which shall not be required to be included in
permit applications. The list shall be made available:
(a) On request by contacting the Division for
Air Quality, Permit Support Section, phone (502) 564-3999, or fax (502)
564-4666; or
(b) On the Internet
at:
http://air.ky.gov.
Section 7. Duty to
Supplement or Correct Application.
(1) An
applicant who fails to submit relevant facts or who has submitted incorrect
information in an application shall, upon discovery of the occurrence, promptly
submit the supplementary facts or corrected information.
(2) If new requirements become applicable to
a source after the application is submitted, but before a draft permit is
issued, the applicant shall promptly provide the supplemental information to
the cabinet.
(3) Failure to
supplement or correct an application shall be a violation of this
administrative regulation and may result in:
(a) Termination of a permit;
(b) Revocation and reissuance of a
permit;
(c) Revision of a permit;
or
(d) Denial of a
permit.
Section
8. Application Shield.
(1) If a
source submits a timely and complete application for a source-wide permit or
permit renewal, the source's failure to have a permit shall not be a violation
of this administrative regulation unless the cabinet makes a final
determination to deny the permit or permit renewal.
(2) A source's authority to operate shall
cease to apply if the source fails to submit additional information requested
by the cabinet, by the deadline set by the cabinet, after the completeness
determination has been made.
Section
9. Completeness Review and Determination. Applications shall be
reviewed by the cabinet for completeness pursuant to Section 2-I of "Cabinet
Provisions and Procedures for Issuing Title V Permits", which is incorporated
by reference in Section 26 of this administrative regulation, for:
(1) Initial permits for sources commencing
construction;
(2) The first Title V
permit for sources that commenced construction prior to January 15,
2001;
(3) Significant permit
revisions; and
(4) Permit
renewals.
Section 10.
Permit Content. Permits shall contain terms and conditions as provided in
Sections 1a to 1c of "Cabinet Provisions and Procedures for Issuing Title V
Permits."
Section 11. Permit
Shield.
(1) Compliance with the conditions of
a permit shall be considered in compliance with all applicable requirements as
of the date of permit issuance if:
(a) The
applicable requirements are included and specifically identified in the permit;
or
(b) The cabinet, in acting on
the permit application or revision, determines in writing that other
specifically identified requirements are not applicable to the source, and this
determination is stated in the permit.
(2) A permit shall not have a permit shield
unless the permit expressly states that a shield exists.
(3) Nothing in the permit or permit shield
shall alter or affect:
(a) Emergency orders
issued under
42 U.S.C. 7603,
including the authority of the U.S. EPA under that section;
(b) The liability of the owner or operator
for violation of an applicable requirement prior to or at the time of permit
issuance;
(c) The applicable
requirements of the Acid Rain Program; or
(d) The ability of the U.S. EPA to obtain
information from the source pursuant to
42 U.S.C.
7414.
Section 12. Permit Duration and Renewal.
(1) Title V permits issued pursuant to this
administrative regulation shall remain in effect for a fixed term of five (5)
years, except that permits for solid waste incineration units combusting
municipal waste shall remain in effect for twelve (12) years and shall be
reviewed by the cabinet every five (5) years.
(2) Permits issued under the procedures of
Section 2-III of "Cabinet Provisions and Procedures for Issuing Title V
Permits" shall remain in effect until a Title V permit is issued to the
source.
(3) A source that is
subject to an existing permit, authorization to operate, or order of the
cabinet, shall operate in compliance with the existing terms and conditions
until a final Title V permit is issued.
(4) An application for a permit renewal shall
be submitted at least six (6) months prior to expiration of the current
permit.
(5) Expiration of a permit
shall terminate the source's authority to operate unless the source has
submitted a timely and complete renewal application.
(6) All terms and conditions of the previous
permit, including the permit shield, shall remain in effect until the renewal
permit has been issued or denied, if:
(a) The
cabinet fails to issue or deny the renewal permit before the expiration of the
previous permit; and
(b) The source
has submitted a timely and complete renewal application.
(7) If the cabinet fails to act promptly on a
permit renewal, the U.S. EPA may terminate or revoke and reissue the permit
pursuant to
42 U.S.C.
7661d(e).
Section 13. Administrative Permit Amendments.
(1) The following permit revisions may be
processed as administrative permit amendments:
(a) Correct typographical errors;
(b) Change the name, address, or phone number
of a person identified in the permit, or make similar minor administrative
changes;
(c) Change in ownership or
operational control if the cabinet determines that no other changes in the
permit are necessary;
(d) Require
more frequent monitoring or reporting; and
(e) Incorporate into a Title V permit the
requirements from preconstruction review permits that:
1. Were processed using procedures equivalent
to those in this administrative regulation that would be applicable to the
change if it were subject to review as a permit revision; and
2. Contained compliance requirements
equivalent to those in this administrative regulation.
(2) Sources requesting an
administrative permit amendment shall submit the appropriate Forms DEP7007AI to
DD reflecting the desired change and may implement the change immediately upon
submittal.
(3) For administrative
permit amendments in which only the owner or person to whom a permit is issued
changes, the following information shall be submitted to the cabinet within ten
(10) days following the change:
(a)
Administrative Information Form DEP7007AI showing the names and other
information that has changed; and
(b) If ownership has changed, a signed
written agreement specifying the date of transfer of permit responsibility,
coverage, and liability.
(4) The cabinet may allow coverage under the
permit shield for a preconstruction review permit incorporated as an
administrative permit amendment, if:
(a) The
preconstruction review permit meets the relevant requirements for a significant
permit revision under this administrative regulation; and
(b) The cabinet notifies the U.S. EPA of the
proposed action as provided in Section 2-IV.5 of "Cabinet Provisions and
Procedures for Issuing Title V Permits".
(5) Administrative permit amendments for the
acid rain portion of a permit shall be governed by regulations promulgated
pursuant to
42 U.S.C.
7651 to
7651o.
Section 14. Minor Permit Revisions.
(1) Except as provided in the Acid Rain
Program the procedures in this section shall be used for permit revisions that:
(a) Do not violate an applicable
requirement;
(b) Do not involve
significant changes to existing monitoring, reporting, or recordkeeping
requirements in the permit;
(c) Do
not require or change a case-by-case determination of:
1. An emission limitation or other
standard;
2. A source-specific
determination for temporary sources of ambient impacts; or
3. A visibility or increment
analysis;
(d) Do not seek
to establish or change a permit term or condition for which there is no
corresponding underlying applicable requirement, and which the source has
assumed to avoid an otherwise applicable requirement, including:
1. A federally enforceable emissions cap
assumed to avoid classification as a modification under Title I of the Act;
and
2. An alternative emissions
limit approved pursuant to
42 U.S.C.
7412(i)(5);
(e) Is not a modification under Title I of
the Act; and
(f) Is not required to
be processed as a significant permit revision.
(2) The procedures in this section may be
used for changes involving the use of economic incentives, marketable permits,
emissions trading, or similar programs in:
(a)
The state implementation plan (SIP); or
(b) A federal requirement.
(3) Sources requesting a minor
permit revision shall submit the appropriate Forms DEP7007AI to DD, including:
(a) A description of the change, and the
resulting change in emissions;
(b)
New applicable requirements that will apply after the change;
(c) Certification by a responsible official
pursuant to Section 23 of this administrative regulation that the change meets
the criteria for use of minor permit revision procedures, and a request for
their use;
(d) A suggested draft
permit showing only the information that is new or different than the existing
permit; and
(e) Completed forms for
the cabinet to notify the U.S. EPA and affected states.
(4) The source may implement the change
immediately upon filing a complete application.
(a) After the source makes the change, and
until the cabinet takes any of the actions specified in Section 2-VI.3.a of
"Cabinet Provisions and Procedures for issuing Title V Permits", the source
shall comply with:
1. The applicable
requirements governing the change; and
2. The proposed permit terms and
conditions.
(b) Until the
cabinet takes an action specified in Section 2-VI.3.a of "Cabinet Provisions
and Procedures for issuing Title V Permits":
1. The source shall not be required to comply
with the existing permit terms and conditions it seeks to modify, unless the
source fails to comply with its proposed permit terms and conditions;
and
2. If the source fails to
comply with its proposed permit terms and conditions, the existing permit terms
and conditions it seeks to modify may be enforced against it.
(c) If the minor permit revision
is denied, the source shall comply with the existing permit terms and
conditions.
(5) The
permit shield shall not extend to minor permit revisions.
Section 15. Group Processing of Minor Permit
Revisions.
(1) Group processing shall be used
only for permit revisions that:
(a) Meet the
criteria for minor permit revisions; and
(b) Are collectively below the following
thresholds:
1. Ten (10) percent of the
emissions allowed in the permit for the emission unit or units affected by the
change; and
2. The lesser of twenty
(20) percent of the applicable major source threshold or five (5)
tpy.
(2) A
source with two (2) or more pending minor permit revisions may apply for group
processing by submitting:
(a) A written
request to use group processing;
(b) A list of pending permit revision
applications awaiting group processing, and a determination of whether the sum
of all the revisions will equal or exceed a threshold in this
section;
(c) Certification by a
responsible official pursuant to Section 23 of this administrative regulation
that all the pending revisions meet the criteria for use of group processing
procedures;
(d) A list of new
requirements that will apply after each revision is made;
(e) A suggested draft permit showing only the
information that is new or different than the existing permit;
(f) Certification that the source has
notified the U.S. EPA of the proposed permit revision and included a brief
description of the change; and
(g)
Completed forms for the cabinet to notify the U.S. EPA and affected
states.
(3) The source
may implement the changes immediately upon filing a complete application.
(a) After the source makes the change, and
until the cabinet takes any of the actions specified in Section 2-VI.3.a of
"Cabinet Provisions and Procedures for issuing Title V Permits", the source
shall comply with:
1. The applicable
requirements governing the change; and
2. The proposed permit terms and
conditions.
(b) Until the
cabinet takes an action specified in Section 2-VI.3.a of "Cabinet Provisions
and Procedures for issuing Title V Permits":
1. The source shall not be required to comply
with the existing permit terms and conditions it seeks to modify, unless the
source fails to comply with its proposed permit terms and conditions;
and
2. If the source fails to
comply with its proposed permit terms and conditions, the existing permit terms
and conditions it seeks to modify may be enforced against it.
(c) If the minor permit revision
is denied, the source shall comply with the existing permit terms and
conditions.
(4) The
permit shield shall not extend to permit revisions eligible for group
processing.
Section 16.
Significant Permit Revisions.
(1) Except as
provided in the Acid Rain Program, significant permit revision procedures shall
be used for revisions that:
(a) Involve
significant changes in the monitoring requirements or a relaxation in the
reporting or recordkeeping requirements contained in the permit; or
(b) Do not qualify as administrative permit
amendments or minor permit revisions.
(2) Significant permit revisions shall follow
the same procedures that are required for initial permits and permit
renewals.
(3) The permit shield
shall extend to significant permit revisions.
Section 17. Off-Permit Changes.
(1) A permit revision shall not be required
for changes that:
(a) Are not modifications
under Title I of the Act;
(b) Are
not subject to the Acid Rain Program;
(c) Do not violate any existing terms or
conditions of the permit; and
(d)
Meet all applicable requirements.
(2) Except for changes that qualify as
insignificant activities under Section 6 of this administrative regulation,
sources shall notify the cabinet and the U.S. EPA in writing at least seven (7)
workdays prior to making each change. The notification shall include:
(a) A brief description of the
change;
(b) The date on which the
change will occur;
(c) Any change
in emissions or pollutants that result from the change; and
(d) Any new applicable requirements that will
apply after the change.
(3) Sources shall keep records describing:
(a) Off-permit changes that resulted in
emissions of a regulated air pollutant subject to an applicable requirement,
but not otherwise regulated under the permit; and
(b) The emissions that resulted from those
changes.
(4) Sources
shall keep a copy of each change notice on file with the permit.
(5) The permit shield shall not extend to
changes made under this section.
(6) Changes made under this section shall be
incorporated into the permit upon renewal.
Section 18. Section 502(b)(10) Changes.
(1) A permit revision shall not be required
for changes that:
(a) Are not modifications
under Title I of the Act;
(b) Are
not subject to the Acid Rain Program; and
(c) Do not exceed the emissions allowed under
the permit.
(2) Sources
shall notify the cabinet and the U.S. EPA, in writing at least seven (7)
workdays prior to making each change. The notification shall include:
(a) A brief description of each
change;
(b) The date on which the
change will occur;
(c) Any change
in emissions that will result; and
(d) Any permit term or condition that will no
longer be applicable after the change.
(3) Sources shall keep a copy of each change
notice on file with the permit.
(4)
The permit shield shall not extend to changes made under this
section.
(5) Changes made under
this section shall be incorporated into the permit upon renewal.
Section 19. Reopening for Cause.
(1) A permit shall be reopened prior to
expiration, if:
(a) An affected source or a
source with a remaining permit term of three (3) or more years becomes subject
to a new applicable requirement. A reopening:
1. Shall be completed not later than eighteen
(18) months after promulgation of the new applicable requirement; and
2. Shall not be required if compliance with
the applicable requirement is not required until after the date on which the
permit is due to expire, unless the original permit or any of its terms and
conditions has been extended pursuant to Section 12(6) of this administrative
regulation; or
(b) New
requirements become applicable to an affected source subject to the Acid Rain
Program; or
(c) The cabinet or the
U.S. EPA determines that:
1. The permit
contains a material mistake or an inaccurate statement was made when
establishing the standards, terms or conditions of the permit; or
2. It is necessary to revise or revoke the
permit to assure compliance with applicable requirements.
(2) Reopening a permit:
(a) Shall follow the same procedures as
initial permits; and
(b) Shall
affect only those parts of the permit for which cause to reopen
exists.
(3) Permit
reopenings shall be made as expeditiously as practicable.
(4) The permit and all its terms and
conditions, including any permit shield that has been issued pursuant to
Section 11 of this administrative regulation, shall remain in effect until the
revised permit has been issued or denied.
Section 20. General Permits. The cabinet may,
after notice and opportunity for public participation provided in
401 KAR
52:100, issue a general permit covering similar
sources in the same source category.
(1) A
general permit shall require compliance with all requirements applicable to
other permits and shall identify criteria by which sources may qualify for
coverage.
(2) Sources that qualify
for a general permit may:
(a) Apply to the
cabinet for coverage under the terms of the general permit; or
(b) Apply for an individual permit under this
administrative regulation.
(3) An application for a general permit shall
meet the requirements of this administrative regulation and shall include
information necessary to determine qualification for, and to assure compliance
with, the general permit.
(4) If
the cabinet determines that a source does not meet the criteria for a general
permit, the application shall be processed as a single-source permit pursuant
to this administrative regulation.
(5) The permit shield shall apply to general
permits.
(6) If a source applies
for and receives a general permit and is later determined not to qualify for
the permit's terms and conditions:
(a) The
source shall be subject to enforcement action for operating without a permit;
and
(b) The permit shield shall not
be a defense to this violation.
(7) General permits shall not be authorized
for affected sources except as provided in the Acid Rain Program.
(8) Coverage granted under a general permit
shall not be a final permit action for purposes of judicial review unless the
public review procedures in
401 KAR
52:100 are met.
Section 21. Compliance Certifications.
(1) Sources shall certify compliance with all
applicable requirements annually using Form DEP7007CC:
(a) Sources with Title V permits issued prior
to December 31, 2000 shall submit their certification in 2001 on the permit
anniversary, unless otherwise instructed by the local regional
office.
(b) All sources, including
those that have not received a Title V permit, shall submit their certification
in 2002 and each year thereafter on or before January 30, except that sources
who submitted a certification after September 30, 2001, shall not be required
to submit their next certification until January 30, 2003.
(2) The compliance certification shall
contain the following information for each term or condition of the permit that
is the basis for the certification:
(a)
Identification of the term or condition;
(b) Compliance status;
(c) The method used for determining
compliance over the reporting period, and whether the method provided
continuous or intermittent data; and
(d) The method currently used for determining
compliance.
(3)
Compliance certifications shall be mailed to the Division for Air Quality,
Central Files, 300 Sower Boulevard, Frankfort, Kentucky 40601, and a copy sent
to the U.S. EPA and to the appropriate Regional Office listed in Section 26 of
this administrative regulation.
Section 22. Annual Emissions Certification.
An annual emission certification shall be submitted to the cabinet by sources
subject to this administrative regulation.
(1)
During the first quarter of each calendar year, the cabinet shall survey each
source to determine its actual emissions during the preceding calendar year,
and the source shall provide and certify the information requested and return
the updated survey to the cabinet within thirty (30) days from the date that
the survey is mailed to the source.
(2) Each day past the deadline that a source
fails to submit the required information shall be a separate violation of this
administrative regulation.
(3) If
no response is received from a source, the cabinet may estimate its actual
emissions based on prior history and other relevant information that is
available.
(4) Failure by the
cabinet to notify a source shall not relieve the source of its obligation to
submit an annual emissions statement.
Section 23. Certification by Responsible
Official. A responsible official shall certify that, based on information and
belief formed after reasonable inquiry, the statements and information
contained in the following documents are true, accurate, and complete:
(1) Applications for initial permits, permit
revisions, and permit renewals;
(2)
Reports;
(3) Compliance
certifications; and
(4) Emissions
certifications.
Section
24. Emergency Provision.
(1) An
emergency shall be an affirmative defense to enforcement actions brought for
non-compliance with a technology-based emission standard if the source
demonstrates through properly signed, contemporaneous operating logs, or other
relevant evidence that:
(a) An emergency
occurred and the permittee can identify the cause of the emergency;
(b) The permitted facility was at the time
being properly operated;
(c) The
source took all reasonable steps to minimize excess emissions during the
emergency; and
(d) The source
notified the cabinet as quickly as possible and followed-up, as soon as
practicable but not later than ten (10) workdays after the emergency occurred,
with a written report that contains:
1. A
description of the emergency;
2.
Any steps taken to mitigate emissions; and
3. The corrective actions taken.
(2) In an enforcement
proceeding seeking to establish that an emergency occurred, the burden of proof
shall rest with the source.
(3)
This provision shall be in addition to any emergency or upset provision
contained in an applicable requirement.
Section 25. Public, Affected State, and U.S.
EPA Review. All permits, permit renewals, and permit revisions issued under
this administrative regulation, other than administrative permit amendments,
shall be offered for review by the public, affected states, and the U.S. EPA
pursuant to
401 KAR
52:100.
Section
26. Incorporation by Reference.
(1) "Cabinet Provisions and Procedures for
Issuing Title V Permits", June 2000, is incorporated by reference.
(2) This material may be inspected, copied,
or obtained at the following offices of the Division for Air Quality, Monday
through Friday, 8 a.m. to 4:30 p.m.:
(a) The
Division for Air Quality, 300 Sower Boulevard, Frankfort, Kentucky 40601, (502)
564-3999;
(b) Ashland Regional
Office, 1550 Wolohan Drive, Suite 1, Ashland, Kentucky 41102-8942, (606)
929-5285;
(c) Bowling Green
Regional Office, 2642 Russellville Road, Bowling Green, Kentucky 42101, (270)
746-7475;
(d) Florence Regional
Office, 8020 Veterans Memorial Drive, Suite 110, Florence, Kentucky 41042,
(859) 292-6411;
(e) Frankfort
Regional Office, 300 Sower Boulevard, Frankfort, Kentucky 40601, (502)
564-3358;
(f) Hazard Regional
Office, 233 Birch Street, Suite 2, Hazard, Kentucky 41701, (606)
435-6022;
(g) London Regional
Office, 875 S. Main Street, London, Kentucky 40741, (606) 330-2080;
(h) Owensboro Regional Office, 3032 Alvey
Park Drive, W., Suite 700, Owensboro, Kentucky 42303, (270) 687-7304;
and
(i) Paducah Regional Office,
130 Eagle Nest Drive, Paducah, Kentucky 42003, (270) 898-8468;
or
(3) This material is
also available on the Internet at:
http://air.ky.gov.
STATUTORY AUTHORITY:
KRS
224.10-100,
224.20-100,
224.20-110,
224.20-120,
40 C.F.R. Part 70,
42
U.S.C. 7661-7661(f)