401 KAR 63:001. Definitions for 401 KAR
Chapter 63.
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)
STATUTORY AUTHORITY: KRS 224.10-1009(5)
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 63. The definitions contained in this administrative
regulation, which have corresponding federal definitions, are not 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)224.01-010.
(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 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 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).
(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) "Director" means Director
of the Division for Air Quality of the Environmental and Public Protection
Cabinet.
(29) "District" is defined in
KRS 224.1-010(11).
(30) "dscf" means dry cubic
feet at standard conditions.
(31) "dscm" means dry cubic
meter at standard conditions.
(32) "Emission standard" means
that numerical limit that 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.
(33) "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.
(34) "Exempt compound" or
"exempt solvent" means an organic compound listed in the definition
of volatile organic compound as not participating in atmospheric photochemical
reactions.
(35) "Existing source" means a
source that is not a new source.
(36) "Extreme nonattainment
county" or "extreme nonattainment area" means a county or
portion of a county designated extreme nonattainment in 401 KAR 51:010.
(37) "°F" means degree Fahrenheit.
(38) "Fixed capital cost" means
the capital needed to provide all the depreciable components.
(39) "ft" means feet.
(40) "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.
(41) "Fugitive emissions" means
those emissions that could not reasonably pass through a stack, chimney, vent,
or other functionally equivalent opening.
(42) "g" means gram.
(43) "gal" means gallon.
(44) "gr" means grain.
(45) "HCI" means hydrochloric
acid.
(46) "Hg" means mercury.
(47) "HF" means hydrogen
fluoride.
(48) "hr" means hour.
(49) "Hydrocarbon" means an
organic compound consisting predominantly of carbon and hydrogen.
(50) "H2O" means
water.
(51) "H2S" means
hydrogen sulfide.
(52) "H2SO4"
means sulfuric acid.
(53) "in" means inch.
(54) "Incineration" means the
process of igniting and burning solid, semisolid, liquid, or gaseous
combustible wastes.
(55) "Intermittent emissions"
means emissions of particulate matter into the open air from a process that operates
for less than any six (6) consecutive minutes.
(56) "J" means joule.
(57) "Kg" means kilogram.
(58) "l" means liter.
(59) "lb" means pound.
(60) "m" means meter.
(61) "m3" means
cubic meter.
(62) "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.
(63) "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.
(64) "Marginal nonattainment
county" or "marginal nonattainment area" means a county or
portion of a county designated marginal nonattainment in 401 KAR 51:010.
(65) "mg" means microgram.
(66) "mg" means milligram.
(67) "min" means minute.
(68) "MJ" means megajoules.
(69) "mm" means millimeter.
(70) "MM" means million.
(71) "mo" means month.
(72) "Moderate nonattainment
county" or "moderate nonattainment area" means a county or
portion of a county designated moderate nonattainment in 401 KAR 51:010.
(73) "Modification" means any physical
change in, or 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, except
if an emission control system is removed or is 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.
(74) "Monitoring device" means
the total equipment, required in applicable administrative regulations, used to
measure and record, if applicable, process parameters.
(75) "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.
(76) "Ng" means nanograms.
(77) "N2" means
nitrogen.
(78) "Nitrogen oxides" means
all oxides of nitrogen except nitrous oxide, as measured by test methods
specified by the cabinet.
(79) "NO" means nitric oxide.
(80) "NO2" means
nitrogen dioxide.
(81) "NOX" means
nitrogen oxides.
(82) "O2" means
oxygen.
(83) "O3" means
ozone.
(84) "Opacity" means the degree
to which emissions reduce the transmission of light and obscure the view of an
object in the background.
(85) "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.
(86) "oz" means ounce.
(87) "Particulate matter" means
a material, except uncombined water, that exists in a finely divided form as a
liquid or a solid measured by an approved test method.
(88) "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.
(89) "Person" means an
individual, public or private corporation, political subdivision, government
agency, municipality, industry, co-partnership, association, firm, trust,
estate, or other entity.
(90) "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.
(91) "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.
(92) "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.
(93) "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.
(94) "ppb" means parts per
billion.
(95) "ppm" means parts per
million.
(96) "ppm(w/w)" means parts per
million (weight by weight).
(97) "psia" means pounds per
square inch absolute.
(98) "psig" means pounds per
square inch gage.
(99) "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.
(100) "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.
(101) "Run" means the net
period of time, either intermittent or continuous within the limits of good
engineering practice, when an emission sample is collected.
(102) "S" means at standard
conditions.
(103) "sec" means second.
(104) "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.
(105) "Serious nonattainment
county" or "serious nonattainment area" means a county or
portion of a county designated serious nonattainment in 401 KAR 51:010.
(106) "Severe nonattainment
county" or "severe nonattainment area" means a county or portion
of a county designated severe nonattainment in 401 KAR 51:010.
(107) "Shutdown" means the
cessation of an operation.
(108) "SO2" means
sulfur dioxide.
(109) "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.
(110) "sq" means square.
(111) "Stack or chimney" means
a flue, conduit, or duct arranged to conduct emissions to the atmosphere.
(112) "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, of the administrative regulations of the Division for Air Quality.
(113) "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 (29.92 in. of Hg).
(114) "Start-up" means the
setting in operation of an affected facility.
(115) "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.
(116) "TAPPI" means Technical
Association of the Pulp and Paper Industry.
(117) "Total suspended
particulates" or "TSP" means particulate matter as measured by
the method described in 40 C.F.R. Part 50, Appendix B.
(118) "tpy" means ton per year.
(119) "TSS" means total suspended
solids.
(120) "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.
(121) "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 with respect to the
administrative regulations of the Division for Air Quality.
(122) "Urbanized area" means an
area defined by the U.S. Department of Commerce, Bureau of Census.
(123) "U.S. EPA" means United
States Environmental Protection Agency.
(124)"UTM" means Universal
Transverse Mercator.
(125) "Volatile organic
compound" or "VOC" is defined in 40 C.F.R. 51.100(s).
(126) "yd" means yard. (18
Ky.R. 2750; Am. 2958; 3384; eff. 6-24-92; 21 Ky.R. 1770; 2146. eff. 4-6-95; 22
Ky.R. 1703; 2023; eff. 6-6-96; 25 Ky.R. 1454; 2853; eff. 6-9-99; 33 Ky.R.220;
eff. 11-8-2006; TAm eff. 9-16-2013.)
