Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
224.1-010,
224.20-100,
224.20-110,
224.20-120,
40 C.F.R. Chapter I, Appendices A-K of 50, 51.100(s), 53, 60, Appendices A and
B of 60, Appendix B of 61,
42
U.S.C. 7410,
7411(a)(8)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
224.10-100(5) requires the
Environmental and Public Protection Cabinet to promulgate administrative
regulations for the prevention, abatement, and control of air pollution. This
administrative regulation defines the terms used in 401 KAR Chapter 59. The
definitions contained in this administrative regulation are neither more
stringent nor otherwise different than the corresponding federal
definitions.
Section 1. Definitions.
(1) "Affected facility" means an apparatus,
building, operation, road, or other entity or series of entities that emits or
may emit an air contaminant into the outdoor atmosphere.
(2) "Air contaminant" is defined in
KRS
224.1-010(1).
(3) "Air pollutant" means an air
contaminant.
(4) "Air pollution" is
defined in
KRS
224.1-010(3).
(5) "Air pollution control equipment" means a
mechanism, device or contrivance used to control or prevent air pollution, that
is not, aside from air pollution control laws and administrative regulations,
vital to production of the normal product of the source or to its normal
operation.
(6) "Alteration" means:
(a) The installation or replacement of air
pollution control equipment at a source; or
(b) A physical change in or change in the
method of operation of an affected facility that increases the potential to
emit a pollutant (to which a standard applies) emitted by the facility or that
results in the emission of an air pollutant (to which a standard applies) not
previously emitted.
(7)
"Alternative method" means a method of sampling and analyzing for an air
pollutant that is not a reference method or equivalent method and has been
demonstrated to the cabinet's and the U.S. EPA's satisfaction to produce
adequate results for its determination of compliance.
(8) "Ambient air" means that portion of the
atmosphere, external to buildings, to which the general public has
access.
(9) "Ambient air quality
standard" means a numerical expression of a specified concentration level for a
particular air contam inant 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 or control
measures.
(10) "AOAC" means
Association of Official Analytical Chemists.
(11) "ANSI" means American National Standards
Institute.
(12) "ASTM" means
American Society for Testing and Materials.
(13) "BOD" means biochemical oxidant
demand.
(14) "BTU" means British
Thermal Unit.
(15) "°C" means
degree Celsius (centigrade).
(16)
"Cabinet" is defined in
KRS
224.1-010(9)
224.01-010.
(17) "Cal" means
calorie.
(18) "Capital expenditure"
is defined in
40
C.F.R. 60.2.
(19) "cfm" means cubic feet per
minute.
(20) "CH4" means
methane.
(21) "CO" means carbon
monoxide.
(22) "CO2" means carbon
dioxide.
(23) "COD" means chemical
oxidant demand.
(24) "Commence"
means that an owner or operator has undertaken a continuous program of
construction, modification, or reconstruction of an affected facility, or that
an owner or operator has entered into a contractual obligation to undertake and
complete, within a reasonable time, a continuous program of construction,
modification, or reconstruction of an affected facility.
(25) "Compliance schedule" means a time
schedule of remedial measures including an enforceable sequence of actions or
operations leading to compliance with a limitation or standard.
(26) "Construction" means fabrication,
erection, installation or modification of an air contaminant source.
(27) "Continuous monitoring system" means the
total equipment, required under the applicable administrative regulations used
to sample, to condition (if applicable), to analyze and to provide a permanent
record of emissions or process parameters.
(28) "Design capacity" means the maximum rate
at which a unit was designed to operate.
(29) "Director" means Director of the
Division for Air Quality of the Environmental and Public Protection
Cabinet.
(30) "District" is defined
in
KRS
224.1-010(11).
(31) "dscf" means dry cubic feet at standard
conditions.
(32) "dscm" means dry
cubic meter at standard conditions.
(33) "Emission standard" means that numerical
limit which fixes the amount of an air contaminant or air contaminants that may
be vented into the atmosphere from an affected facility or from air pollution
control equipment installed in an affected facility.
(34) "Equivalent method" means a method of
sampling and analyzing for an air pollutant that has been demonstrated to the
cabinet's and the U.S. EPA's satisfaction to have a consistent and
quantitatively known relationship to the reference method, under specified
conditions.
(35) "Exempt compound"
or "exempt solvent" means an organic compound listed in the definition of
volatile organic compound as not participating in atmospheric photochemical
reactions.
(36) "Existing source"
means a source that is not a new source.
(37) "Extreme nonattainment county" or
"extreme nonattainment area" means a county or portion of a county designated
extreme nonattainment in
401 KAR
51:010.
(38) "°F" means degree
Fahrenheit.
(39) "Fixed capital
cost" means the capital needed to provide all the depreciable
components.
(40) "ft" means
feet.
(41) "Fuel" means natural
gas, petroleum, coal, wood, or a form of solid, liquid, or gaseous fuel derived
from these materials for the purpose of creating useful heat.
(42) "Fugitive emissions" means those
emissions that could not reasonably pass through a stack, chimney, vent, or
other functionally equivalent opening.
(43) "g" means gram.
(44) "gal" means gallon.
(45) "gr" means grain.
(46) "HCI" means hydrochloric acid.
(47) "Hg" means mercury.
(48) "HF" means hydrogen fluoride.
(49) "hr" means hour.
(50) "Hydrocarbon" means an organic compound
consisting predominantly of carbon and hydrogen.
(51) "H2O" means
water.
(52)
"H2S" means hydrogen sulfide.
(53)
"H2SO4" means sulfuric
acid.
(54) "in" means
inch.
(55) "Incineration" means the
process of igniting and burning solid, semisolid, liquid, or gaseous
combustible wastes.
(56)
"Intermittent emissions" means emissions of particulate matter into the open
air from a process that operates for less than any six (6) consecutive
minutes.
(57) "J" means
joule.
(58) "Kg" means
kilogram.
(59) "l" means
liter.
(60) "lb" means pound.
(61) "m" means meter.
(62) "m3" means
cubic meter.
(63) "Major source"
means a source with a potential emission rate is equal to or greater than 100
tons per year of any one (1) of the following pollutants: particulate matter,
sulfur oxides, nitrogen oxides, volatile organic compounds or carbon
monoxide.
(64) "Malfunction" means
a failure of air pollution control equipment, process equipment, or a process
to operate in a normal or usual manner that is not caused entirely or in part
by poor maintenance, careless operation, or other preventable upset condition
or preventable equipment breakdown.
(65) "Marginal nonattainment county" or
"marginal nonattainment area" means a county or portion of a county designated
marginal nonattainment in
401 KAR
51:010.
(66) "ng" means microgram.
(67) "mg" means milligram.
(68) "min" means minute.
(69) "MJ" means megajoules.
(70) "mm" means millimeter.
(71) "MM" means million.
(72) "mo" means month.
(73) "Moderate nonattainment county" or
"moderate nonattainment area" means a county or portion of a county designated
moderate nonattainment in
401 KAR
51:010.
(74) "Modification" means any physical change
in, or a change in the method of operation of, an affected facility that:
(a) Increases the amount of an air pollutant
to which a standard applies) emitted into the atmosphere by that facility or
that results in the emission of an air pollutant (to which a standard applies)
into the atmosphere not previously emitted; and
(b) Is not solely:
1. Maintenance, repair, and replacement that
the cabinet determines to be routine for a source category;
2. An increase in production rate of an
affected facility, if that increase can be accomplished without a capital
expenditure on that facility;
3. An
increase in the hours of operation;
4. Use of an alternative fuel or raw material
if, prior to the date a standard becomes applicable to that source type, the
affected facility was designed to accommodate that alternative use. A facility
shall be considered to be designed to accommodate an alternative fuel or raw
material if that use could be accomplished under the facility's construction
specifications as amended prior to the change.
5. Conversion to coal required for energy
considerations, as specified in
42 U.S.C.
7411(a)(8);
6. The addition or use of a system or device
the primary function of which is the reduction of air pollutants, unless an
emission control system is removed or replaced by a system that the cabinet
determines to be less environmentally beneficial; or
7. The relocation or change in ownership of
an existing facility.
(75) "Monitoring device" means the total
equipment required in applicable administrative regulations, used to measure
and record, if applicable, process parameters.
(76) "New source" means a source, the
construction, reconstruction, or modification of which commenced on or after
the classification date as defined in the applicable administrative regulation
irrespective of a change in emission rate.
(77) "Ng" means nanograms.
(78) "N2" means
nitrogen.
(79) "Nitrogen oxides"
means all oxides of nitrogen except nitrous oxide, as measured by test methods
specified by the cabinet.
(80) "NO"
means nitric oxide.
(81)
"NO2" means nitrogen dioxide.
(82) "NOx" means
nitrogen oxides.
(83)
"O2" means oxygen.
(84) "O3" means
ozone.
(85) "Opacity" means the
degree to which emissions reduce the transmission of light and obscure the view
of an object in the background.
(86) "Owner or operator" means a person who
owns, leases, operates, controls, or supervises an affected facility or a
source to which an affected facility is a part.
(87) "oz" means ounce.
(88) "Particulate matter" means a material,
except uncombined water, that exists in a finely divided form as a liquid or a
solid as measured by an approved test method.
(89) "Particulate matter emissions" means,
except as used in 40 C.F.R. Part 60 , all finely divided solid or liquid
material, other than uncombined water, emitted to the ambient air as measured
by applicable reference methods, or an equivalent or alternative method
specified in 40 C.F.R. Chapter I, or by a test method specified in the approved
state implementation plan.
(90)
"Person" means an individual, public or private corporation, political
subdivision, government agency, municipality, industry, copartnership,
association, firm, trust, estate, or other entity.
(91) "PM2.5" means
particulate matter with an aerodynamic diameter less than or equal to a nominal
two-and-a-half (2.5) micrometers as measured by a reference method in 40 C.F.R.
Part 50 , Appendix L, and designated in accordance with 40 C.F.R. Part 53 , or
by an equivalent method designated in accordance with 40 C.F.R. Part
53.
(92)
"PM10" means particulate matter with an aerodynamic
diameter less than or equal to a nominal ten (10) micrometers as measured by a
reference method in 40 C.F.R. Part 50 , Appendix J and designated in accordance
with 40 C.F.R. Part 53, or by an equivalent method designated in accordance
with 40 C.F.R. Part 53.
(93)
"PM10 emissions" means finely divided solid or liquid
material with an aerodynamic diameter less than or equal to a nominal ten (10)
micrometers emitted to the ambient air as measured by an applicable reference
method, or an equivalent or alternative method, specified in 40 C.F.R. Chapter
I, or by a test method specified in the approved state implementation
plan.
(94) "Potential to emit" or
"PTE" means the maximum capacity of a stationary source to emit a pollutant
under its physical and operational design, and shall:
(a) Include air pollution control equipment
and restrictions on the hours of operation or on the type or amount of material
combusted, stored, or processed, if the limitation or its effect on emissions
is federally enforceable; and
(b)
Not include secondary emissions.
(95) "ppb" means parts per billion.
(96) "ppm" means parts per million.
(97) "ppm(w/w)" means parts per million
(weight by weight).
(98) "psia"
means pounds per square inch absolute.
(99) "psig" means pounds per square inch
gage.
(100) "Reconstruction" means
the replacement of components of an existing affected facility to the extent
that:
(a) The fixed capital cost of the new
components exceeds fifty (50) percent of the fixed capital cost that would be
required to construct a comparable entirely new affected facility;
(b) The estimated life of the affected
facility after the replacement exceeds fifty (50) percent of the life of a
comparable entirely new affected facility;
(c) The components being replaced cause or
contribute to the emissions from the affected facility; and
(d) It is technologically and economically
feasible to meet the applicable requirements of 401 KAR Chapters 50 to
65.
(101) "Reference
method" means a method of sampling and analyzing for an air pollutant as
published in 40 C.F.R. Part 50, Appendices A to N; 40 C.F.R. Part 53; 40 C.F.R.
Part 60 , Appendices A and B; 40 C.F.R. Part 61 , Appendix B; or 40 C.F.R. Part
63, Appendices A to D.
(102) "Run"
means the net period of time, either intermittent or continuous within the
limits of good engineering practice, when an emission sample is
collected.
(103) "S" means at
standard conditions.
(104) "sec"
means second.
(105) "Secondary
emissions" means emissions that:
(a)
1. Occur as a result of the construction or
operation of a major stationary source or major modification; and
2. Do not come from the major stationary
source or major modification itself;
(b) Are specific, well defined, quantifiable,
and impact the same general area as the stationary source modification that
causes the secondary emissions;
(c)
Include emissions from an offsite support facility that would not otherwise be
constructed or increase its emissions as a result of the construction or
operation of the major stationary source or major modification; and
(d) Do not include emissions that come
directly from a mobile source, including emissions from the tailpipe of a motor
vehicle, a train, or a vessel.
(106) "Serious nonattainment county" or
"serious nonattainment area" means a county or portion of a county designated
serious nonattainment in
401 KAR
51:010.
(107) "Severe nonattainment county" or
"severe nonattainment area" means a county or portion of a county designated
severe nonattainment in
401 KAR
51:010.
(108) "Shutdown" means the cessation of an
operation.
(109)
"SO2" means sulfur dioxide.
(110) "Source" means one (1) or more affected
facilities contained within a given contiguous property line, which means the
property is separated only by a public thoroughfare, stream, or other right of
way.
(111) "sq" means
square.
(112) "Stack or chimney"
means a flue, conduit, or duct arranged to conduct emissions to the
atmosphere.
(113) "Standard" means
an emission standard, a standard of performance, or an ambient air quality
standard promulgated in the administrative regulations of the Division for Air
Quality or the emission control requirements necessary to comply with 401 KAR
Chapter 51.
(114) "Standard
conditions" means:
(a) For source
measurements, twenty (20) degrees Celsius (sixty-eight (68) degrees Fahrenheit)
and a pressure of 760 mm Hg (29.92 in. of Hg);
(b) For air quality determinations,
twenty-five (25) degrees Celsius (seventy-seven (77) degrees Fahrenheit) and a
reference pressure of 760 mm Hg.
(115) "Start-up" means the setting in
operation of an affected facility.
(116) "State implementation plan" or "SIP"
means the most recently prepared plan or revision required by
42
U.S.C. 7410 that has been approved by the
U.S. EPA.
(117) "TAPPI" means
Technical Association of the Pulp and Paper Industry.
(118) "Total suspended particulates" or "TSP"
means particulate matter as measured by the method described in 40 C.F.R. Part
50 , Appendix B.
(119) "tpy" means
ton per year.
(120) "TSS" means
total suspended solids.
(121)
"Uncombined water" means water that can be separated from a compound by
ordinary physical means and that is not bound to a compound by internal
molecular forces.
(122) "Urban
county" means a county that is a part of an urbanized area with a population
greater than 200,000 based upon the 1980 census. If a portion of a county is a
part of an urbanized area, then the entire county shall be classified as urban
for the administrative regulations of the Division for Air Quality.
(123) "Urbanized area" means an area defined
by the U.S. Department of Commerce, Bureau of Census.
(124) "U.S. EPA" means United States
Environmental Protection Agency.
(125) "UTM" means Universal Transverse
Mercator.
(126) "Volatile organic
compound" or "VOC" is defined in
40
C.F.R. 51.100(s).
(127) "yd" means yard.