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,
42 U.S.C.
7412,
7429
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 minor sources whose permits are not
required to be federally enforceable.
Section
1. Applicability. This administrative regulation shall apply to:
(1) Sources that emit or have the potential
to emit (PTE):
(a) More than twenty-five (25)
and less than 100 tons per year (tpy) of a nonhazardous regulated air
pollutant; and
(b) Less than ten
(10) tpy of a HAP and less than twenty-five (25) tpy of combined HAPS;
or
(2) Except as exempted
in Section 2(1)(h) of this administrative regulation, minor source incinerators
that are subject to an applicable requirement in:
(a) 401 KAR Chapter 59 or 61;
(b) 40 C.F.R. Part 60 or 63 ; or
(c) A federal regulation promulgated under
42 U.S.C.
7429.
Section 2. Exemptions.
(1) The following sources shall be exempt
from this administrative regulation:
(a)
Sources that are required to be registered under
401 KAR
52:070;
(b) Sources that are required to be permitted
under
401 KAR 52:020 or
401 KAR
52:030;
(c) Sources that emit only pollutants for
which there are no applicable requirements;
(d) Sources subject only to applicable
requirements that clearly specify the method for achieving
compliance;
(e) Sources that emit
only nonprocess fugitive emissions;
(f) Sources subject only to the requirements
of
40 C.F.R.
60.530 to
60.539b,
Standards of Performance for New Residential Wood Heaters;
(g) Sawmills that produce only rough-cut or
dimensional lumber from logs and which have a rated capacity of 5,000 board
feet per hour or less, if the source does not include an indirect heat
exchanger or waste wood burner subject to an applicable requirement in 401 KAR
Chapter 59, 60, or 61; and
(h)
Incinerators with unit capacities of less than 500 lbs/hr that are subject only
to
401 KAR 59:020,
401 KAR
59:021,
401 KAR
61:010, or
401 KAR
61:011.
(2) The following activities shall be exempt
from this administrative regulation:
(a)
Vehicles used for the transport of passengers or freight;
(b) Publicly-owned roads;
(c) Asbestos demolition or renovation
operations subject only to an applicable requirement in 401 KAR Chapter
58;
(d) Open burning covered under
401 KAR 63:005;
and
(e) Activities or emission
units contained in the "List of Trivial Activities", which the cabinet shall
maintain and make available:
1. On request by
contacting the Division for Air Quality, Permit Support Section, phone (502)
564-3999 or fax (502) 564-4666; and
2. On the internet at:
http://air.ky.gov.
Section 3. General
Provisions.
(1) Sources subject to this
administrative regulation shall:
(a) Obtain a
permit prior to construction, reconstruction, or modification pursuant to
Section 12 of this administrative regulation;
(b) Operate in compliance with a permit
issued under this administrative regulation;
(c) Comply with all applicable
requirements;
(d) Demonstrate
compliance with applicable requirements if requested by the cabinet;
(e) Submit an annual compliance certification
pursuant to Section 19 of this administrative regulation; and
(f)
1. Allow
authorized representatives of the cabinet to enter upon the premises where a
source is located or emissions-related activity is conducted, or where 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 applicable
requirements.
2.
Reasonable times shall be:
a. During all
hours of operation;
b. During
normal office hours; or
c. During
an emergency.
(2) Unless exempted in a future rulemaking by
the U.S. EPA, minor sources subject to federal standards promulgated under
42 U.S.C.
7411 (NSPS) or
42 U.S.C.
7412 (NESHAP) shall:
(a) Be subject to
42
U.S.C. 7661 to
7661f
(Title V of the Act);
(b) Comply
with
401 KAR 50:038,
Emissions fee;
(c) Submit annual
emissions certifications pursuant to Section 20 of this administrative
regulation; and
(d) Submit an
application for a permit under
401 KAR 52:020
within one (1) year following promulgation of a final rulemaking by the U.S.
EPA requiring the source to obtain a Title V permit.
(3) Sources that are located in ozone
nonattainment areas and emit or have the potential to emit 25 tpy or more of
VOC or NOx shall submit an annual emission certification pursuant to Section 20
of this administrative regulation.
Section 4. Applying for a Permit, Permit
Revision, or Permit Renewal.
(1) Applications
for permits, permit revisions, or permit renewals shall be made using Forms
DEP7007AI to DD, which are incorporated by reference in
401
KAR 52:050.
(2) A complete application shall contain the
information specified in Section 5 of this administrative regulation, except
that:
(a) Forms DEP7007V to 7007Z shall not be
required;
(b) Forms DEP7007AA, BB,
and CC shall not be required for a source that is commencing construction
unless a compliance plan is required under Section 12(4)(a) of this
administrative regulation;
(c)
Applications for permit revisions shall provide only the information related to
the change; and
(d) Applications
for permit renewals shall:
1. Provide only
the information that is new or different from the most recent permit
application for sources with source-wide permits; or
2. Be a complete application pursuant to
Sections 5 and 15(5) of this administrative regulation for sources that have
not applied for a source-wide permit.
(3) Completed application forms shall be
submitted in triplicate (original plus two (2) copies) to Kentucky Division for
Air Quality, Attn: Permit Support Section, 300 Sower Boulevard, Frankfort,
Kentucky 40601.
(4) 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. Complete applications shall include:
(1) All information needed to determine
applicable requirements, including emission fees if applicable;
(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
Codes;
(3) The following
emissions-related information:
(a) All
emissions of regulated air pollutants except those exempted in Section 2(2) of
this administrative regulation;
(b)
Additional information if needed to verify which requirements are
applicable;
(c) Identification and
description of all emission units in sufficient detail to establish the basis
for applicable requirements;
(d)
Emission rates in terms necessary to determine compliance with applicable
requirements;
(e) Fuels, fuel use,
raw materials, production rates, and operating schedules to the extent needed
to determine emissions;
(f) Other
information required by an applicable requirement, including stack height
limitations developed in compliance with
401 KAR
50:042; and
(g) Calculations upon which the information
in this paragraph is based.
(4) An explanation of proposed exemptions to
otherwise applicable requirements;
(5) Additional information if needed to
implement and enforce applicable requirements or to determine their
applicability;
(6) If applicable,
information needed to determine the applicable requirements and emission fees
and to define the permit terms and conditions for each alternate operating
scenario;
(7) A compliance plan
containing:
(a) The compliance status for all
applicable requirements, including:
1. For
requirements that are in compliance, a statement that the source will continue
to comply; and
2. For requirements
that are not in compliance, a narrative description of how the source will
achieve compliance;
(b) A
compliance schedule, including:
1. 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
2. For requirements that are not in
compliance, remedial measures leading to compliance, including checkpoints and
scheduled completion dates; and
(c) For sources required to have a schedule
of compliance to remedy a violation or noncompliance, a schedule for submission
of certified progress reports no less frequent than every six (6)
months;
(8) A
certification of compliance with all applicable requirements by a responsible
official;
(9) A statement of
methods used for determining compliance, including a description of monitoring,
recordkeeping and reporting requirements, and test methods;
(10) A statement including the source's
compliance status with applicable monitoring requirements;
(11) A schedule for submission of annual
compliance certifications of this administrative regulation; and
(12) Insignificant activities as specified in
Section 6 of this administrative regulation.
Section 6. Insignificant 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;
(c)
The activity shall not be subject to a federally-enforceable requirement, other
than generally applicable requirements; and
(d) The sum of the PTE from all insignificant
activities, when added with the source's other potential emissions, shall not
cause the source to exceed a major source threshold.
(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.
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 to the cabinet.
(2) If new requirements become applicable to
a source after the application is submitted, but before a permit is issued, the
applicant shall promptly provide the supplemental information to the
cabinet.
(3) A source's authority
to operate shall cease to apply if, by the deadline set by the cabinet, the
source fails to submit additional information requested by the
cabinet.
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) The application shield shall cease to
exist if a source fails to supplement or correct an application pursuant to
Section 7 of this administrative regulation.
Section 9. Completeness Review and
Determination. Applications shall be reviewed by the cabinet for completeness
pursuant to Section 2-I "Cabinet Provisions and Procedures for Issuing
State-Origin Permits", which is incorporated by reference in Section 23 of this
administrative regulation, for:
(1) Initial
source-wide permits;
(2) Permit
revisions subject to Section 12 of this administrative regulation;
and
(3) 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 State-Origin Permits."
Section 11. Permit Shield.
(1) Compliance with the conditions of a
permit shall be considered in compliance with all applicable requirements if:
(a) The applicable requirements are included
and specifically identified in the permit; or
(b) The cabinet, in reviewing the
application, determines 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) A permit shield shall
not protect the owner or operator from enforcement actions for violating an
applicable requirement prior to or at the time of permit issuance.
Section 12. Actions that Require a
Permit or Permit Revision in Advance.
(1)
Sources shall obtain a permit or permit revision prior to commencing
construction for the following actions:
(a)
Construction of a source;
(b)
Reconstruction of a source; or
(c)
Modification at a source that will increase its PTE by:
1. Two and one-half (2 1/2) tpy or more of a
HAP;
2. Seven and one-half (7 1/2)
tpy or more of combined HAPs; or
3.
Twenty-five (25) tpy or more of a nonhazardous regulated air
pollutant.
(2)
The source shall not commence construction, reconstruction, or modification
until a permit or permit revision has been issued.
(3) For a source that is issued a permit 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 a reasonable timeframe; and
(b) The cabinet may extend these time periods
if the source shows good cause.
(4) Sources that construct, reconstruct, or
modify under this section:
(a) Shall
demonstrate compliance with all applicable requirements pursuant to
401 KAR
50:055; and
(b) For sources that have not demonstrated
compliance within the timeframes prescribed in
401 KAR
50:055, shall operate only for purposes of
demonstrating compliance unless authorized under an approved compliance plan or
an order of the cabinet.
Section 13. Actions that Do Not Require a
Permit Revision in Advance. For all permit revisions except those in Section 12
of this administrative regulation, the source:
(1) Shall submit a complete application for a
permit revision; and
(2) May
implement the change immediately upon submittal of the
application.
Section 14.
Change of Ownership or Name of Permittee. If 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:
(1) The administrative information required
by Form DEP7007AI showing the names and other information that has changed;
and
(2) If ownership has changed, a
signed written agreement specifying the date of transfer of permit
responsibility, coverage, and liability.
Section 15. Permit Duration and Renewal.
(1) Permits issued pursuant to this
administrative regulation shall remain in effect for a period of ten (10)
years.
(2) Applications for a
renewal permit shall be submitted at least six (6) months prior to expiration
of the existing permit.
(3)
Expiration of a permit shall terminate the source's right to construct and
operate unless a timely and complete renewal application has been
submitted.
(4) 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 a
renewal permit before the expiration of the previous permit; and
(b) The source has submitted a timely and
complete renewal application.
(5) After January 15, 2001, sources that have
not applied for a source-wide permit shall submit a complete application for a
source-wide permit the next time a permit held by the source is due for
renewal.
Section 16.
General Permits. The cabinet may 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
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) 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.
Section 17. Portable Sources.
(1) The cabinet may issue a permit that
authorizes a source to move its entire operation from one location to another
within the Commonwealth.
(2) Owners
and operators of these sources shall:
(a)
Notify the Division for Air Quality, Field Operations Branch, at (502)
564-3999, at least fifteen (15) days in advance of each relocation;
(b) Submit Administrative Information Form
DEP7007AI to reflect the change in location; and
(c) Comply with all applicable requirements
at each location.
(3) It
shall be a violation of this administrative regulation and 40 C.F.R. Part 70
for one (1) or more portable sources to operate on the same site or contiguous
area if the combined PTE of all the sources operating at that site or the
contiguous area exceeds a major source threshold.
Section 18. Temporary Replacement Units. The
cabinet may authorize the temporary use of an emission unit to replace a
similar unit that is taken off line for maintenance, if the following
conditions are met:
(1) The owner or operator
shall submit to the cabinet, at least ten (10) days in advance of replacing a
unit, the appropriate Forms DEP7007AI to DD that show:
(a) The size and location of the original and
replacement units; and
(b) Any
resulting change in emissions;
(2) The PTE of the replacement unit shall not
exceed that of the original unit by more than twenty-five (25) percent of a
major source threshold, and the emissions from the unit shall not cause the
source to exceed the emissions allowable under the permit;
(3) Neither the PTE of the replacement unit
nor the resulting PTE of the source shall subject the source to a new
applicable requirement;
(4) The
replacement unit shall comply with all applicable requirements; and
(5) Within six (6) months after installing
the replacement unit, the owner or operator shall:
(a) Reinstall the original unit; or
(b) Submit an application to permit the
replacement unit as a permanent change.
Section 19. Compliance Certifications.
(1) Sources whose permits contain a
requirement for annual compliance certifications shall certify compliance with
all terms and conditions in the permit using Form DEP7007CC:
(a) Sources with 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 (required
to submit a certification) 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 appropriate Regional Office listed in Section 23 of this administrative
regulation.
Section 20.
Annual Emissions Certification for Specified Sources.
(1) An annual emissions certification shall
be submitted to the cabinet for minor sources specified in Section 3(2) and (3)
of this administrative regulation.
(2) During the first quarter of each calendar
year, the cabinet shall survey these sources to determine their actual
emissions during the preceding calendar year, and the source shall:
(a) Make the appropriate additions or
corrections to the survey; and
(b)
Return the updated survey to the cabinet within thirty (30) days of the date
that the survey is mailed to the source. For this response:
1. Each day past the deadline that a source
fails to submit the required information shall be a separate violation of this
administrative regulation;
2. If no
response is received by the deadline, the cabinet shall estimate the actual
emissions based on prior history and other relevant information that is
available; and
3. Failure of the
cabinet to notify a source under this section shall not relieve the source from
the obligation to submit an emissions statement.
Section 21.
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;
(2)
Reports;
(3) Compliance
certifications; and
(4) Emissions
certifications.
Section
22. Emergency Provision.
(1) An
emergency shall be an affirmative defense to enforcement actions brought for
noncompliance with a technology-based emission standard if:
(a) The source demonstrates that the incident
meets the criteria for an emergency;
(b) The source took all reasonable steps to
minimize the excess emissions; and
(c) The source notified the cabinet as
quickly as possible and followed-up with a written report within two (2)
working days after the emergency occurred.
(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 23.
Incorporation by Reference.
(1) "Cabinet
Provisions and Procedures for Issuing State-Origin 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,
42 U.S.C.
7412,
7429