Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
224.20-100,
224.20-110,
244.20-120
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
224.10-100 requires the Environmental and
Public Protection Cabinet to prescribe administrative regulations for the
prevention, abatement, and control of air pollution. This administrative
regulation is to provide for the establishment of general provisions,
definitions and time schedules as they pertain to this chapter.
Section 1. Purpose and Intention.
(1) The purpose of the primary ambient air
quality standards is to define levels of air quality which the cabinet judges
are necessary, with an adequate margin of safety, to protect the public health.
Secondary ambient air quality standards define levels of air quality which the
cabinet judges necessary to protect the public welfare from any known or
anticipated adverse effects of a pollutant.
(2) In the establishment of these standards,
it is the intention of the cabinet to prohibit further significant and
avoidable deterioration of air quality in areas where air quality presently
exists which is numerically equal to or less than the standards expressed
herein.
(3) Except as provided in
401 KAR
51:010, no person shall violate, or interfere with the
attainment or maintenance of, ambient air quality standards as specified in
401 KAR
53:010.
Section 2. Applicability.
(1) The primary and secondary ambient air
quality standards stated in
401 KAR
53:010 shall apply at any single point
location.
(2) The secondary
standard for odor shall be applicable only when the cabinet receives a
complaint with respect to odors from a source.
Section 3. Definitions. As used in this
chapter, all terms not defined herein shall have the meaning given them in
401 KAR
50:010.
(1) "Ambient
air" means that portion of the atmosphere, external to buildings, to which the
general public has access.
(2)
"Reference method" means a method of sampling and analyzing for an air
pollutant as specified by Appendices A through K of 40 C.F.R. 50, filed by
reference in
401 KAR
50:015.
(3) "Equivalent method" means any method of
sampling and analyzing of an air pollutant which can be demonstrated to the
cabinet's and the U. S. EPA's satisfaction to have a consistent relationship to
the reference method.
(4) "Ambient
air quality standard" means a numerical expression of a specified concentration
level for a particular air contaminant and the time averaging interval over
which that concentration level is measured and is a goal to be achieved in a
stated time through the application of appropriate preventive and/or control
measures.
(5) "Annual mean" means
an average determined on the basis of any consecutive twelve (12) month
interval.
(6) "Three (3) hour
average" means an average determined on the basis of any consecutive three (3)
hour interval.
(7) "Eight (8) hour
average" means an average determined on the basis of any consecutive eight (8)
hour interval.
(8) "Twelve (12)
hour average" means an average determined on the basis of any consecutive
twelve (12) hour interval.
(9) "One
(1) week average" means an average determined on the basis of any consecutive
seven (7) day interval.
(10) "One
(1) month average" means an average determined on the basis of any consecutive
thirty (30) day interval.
(11)
"Maximum" means an ambient air quality standard which shall not be exceeded
more than once per year providing that the averages exceeding the standard do
not contain any common hourly data points.
(12) "Odor" means the property of an air
contaminant that can be detected by the sense of smell.
(13) "Standard condition" means a reference
temperature of twenty-five (25) degrees Celsius and a reference pressure of 760
millimeters of mercury.
(14) "Year"
means any consecutive twelve (12) month period.
STATUTORY AUTHORITY:
KRS
224.10-100