401 KAR 51:001. Definitions for 401
KAR Chapter 51.
RELATES
TO: KRS 48.010(15)(a), 224.1-010, 224.20-100, 224.20-110, 224.20-120, 40 C.F.R.
Chapter I, 50 Appendices A-R, 51.100, 51.121, 51.165, 51.166, 51 Appendix S,
52.920, 53, 60, 60 Appendices A, B, 61, 61 Appendix B, 63 Appendices A-D, 70.2,
75, 82, 96, 42 U.S.C. 7401-7671q
STATUTORY
AUTHORITY: KRS 224.10-100(5)
NECESSITY,
FUNCTION, AND CONFORMITY: KRS 224.10-100(5) requires the 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 51. The definitions contained in this administrative regulation are not
more stringent than the corresponding federal definitions.
Section
1. Definitions. The definitions with citations to the Code of Federal
Regulations shall be governed by 40 C.F.R. Parts 50 through 96, as published on
July 1, 2012.
(1)
"Acid rain emissions limitation" means a limitation on emissions of
SO2 or NOx imposed by the Acid Rain Program under 42 U.S.C. 7651 to
7651o.
(2)
"Actual emissions":
(a)
Means the actual rate of emissions of a regulated NSR pollutant from an
emissions unit as determined according to the following:
1.
Actual emissions as of a particular date equals the average rate, in tons per
year, at which the unit actually emitted the pollutant during a consecutive
twenty-four (24) month period, that precedes that date and is representative of
normal source operation, unless a different time period is more representative
of normal source operation; and
2.
The unit's actual operating hours, production rates, and types of materials
processed, stored, or combusted during the selected time periods are used to
calculate actual emissions;
(b)
Means source-specific allowable emissions for the unit are equivalent to actual
emissions of the unit if the cabinet has made an equivalency determination
pursuant to 40 C.F.R. 51.166;
(c)
Means, for an emissions unit that has not begun normal operations on a
particular date, the potential to emit of the unit on that date; and
(d)
Does not mean:
1.
Calculating if a significant emissions increase has occurred; or
2.
Establishing a PAL under 401 KAR 51:017, Section 20.
(3)
"Actuals PAL" or "PAL" means a plant-wide applicability
limit established for a major stationary source based on the baseline actual
emissions of all emissions units at the source that emit or have the potential
to emit the PAL pollutant.
(4)
"Adverse impact on visibility" is defined by 40 C.F.R. 51.301.
(5)
"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.
(6)
"Air contaminant" is defined by KRS 224.1-010(1).
(7)
"Air pollutant" means air contaminant.
(8)
"Air pollution" is defined by KRS 224.1-010(3).
(9)
"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.
(10)
"Allocate" or "allocation" means the number of NOx allowances
to be credited to a NOx budget unit.
(11)
"Allocation period" means each three (3) year period beginning May 1,
2004.
(12)
"Allowable emissions" means:
(a)
The emissions rate of a stationary source calculated using the maximum rated
capacity of the source, unless the source is subject to federally enforceable
limits that restrict the operating rate, hours of operation, or both, and the
most stringent of the following:
1.
The applicable standards codified in 40 C.F.R. Parts 60 and 61;
2.
The applicable SIP emissions limitations, including those with a future
compliance date; or
3.
The emissions rates specified as a federally enforceable permit condition,
including those with a future compliance date; or
(b)
For an actuals PAL, the emissions rate of a stationary source calculated
considering any emission limitations that are enforceable as a practical matter
on the emissions unit's potential to emit, and the most stringent provision of
paragraph (a)1. through 3. of this subsection.
(13)
"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.
(14)
"Alternative method" is defined by 40 C.F.R. 60.2. For purposes of
this definition, "administrator" means both the U.S. EPA and the
cabinet.
(15)
"Ambient air" means that portion of the atmosphere, external to
buildings, to which the general public has access.
(16)
"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.
(17)
"ANSI" means American National Standards Institute.
(18)
"AOAC" means Association of Official Analytical Chemists.
(19)
"ASTM" means American Society for Testing and Materials.
(20)
"Baseline actual emissions" means the rate of emissions, in tons per
year, of a regulated NSR pollutant, that:
(a)
For an existing electric utility steam generating unit (EUSGU), the unit
actually emitted during any consecutive twenty-four (24) month period selected
by the owner or operator within the five (5) year period immediately preceding
the date the owner or operator begins actual construction of the project,
unless a different twenty-four (24) month time period is more representative of
normal source operation.
1.
The rate is an average that:
a.
Includes fugitive emissions, to the extent quantifiable, and emissions
associated with startups, shutdowns, and malfunctions;
b.
Is adjusted downward to exclude any noncompliant emissions that occurred while
the source was operating above an emission limitation that was legally
enforceable during the consecutive twenty-four (24) month period; and
c.
Is based on any consecutive twenty-four (24) month period for which there is
adequate information for determining annual emissions, in tons per year, and
for adjusting this amount as necessary according to clause b. of this
subparagraph; and
2.
If a project involves multiple emissions units, only one (1) consecutive
twenty-four (24) month period is used to determine the baseline actual
emissions for the emissions units being changed with a different consecutive
twenty-four (24) month period allowed for each regulated NSR pollutant;
(b)
For an existing emissions unit that is not an EUSGU, the unit actually emitted
during any consecutive twenty-four (24) month period selected by the owner or
operator within the ten (10) year period beginning on or after November 15, 1990,
and immediately preceding the earlier of the date the owner or operator begins
actual construction of the project or the date a complete permit application is
received by the cabinet for a permit required under 401 KAR 51:017 or 51:052.
1.
The rate is an average that:
a.
Includes fugitive emissions, to the extent quantifiable, and emissions
associated with startups, shutdowns, and malfunctions;
b.
Is adjusted downward:
(i)
To exclude any noncompliant emissions that occurred while the source was
operating above an emission limitation that was legally enforceable during the
consecutive twenty-four (24) month period;
(ii)
To exclude any emissions that would have exceeded an emission limitation with
which the major stationary source is required currently to comply, if the
source had been required to comply with the limitations during the consecutive
twenty-four (24) month period; and
(iii)
For an emission limitation that is part of a maximum achievable control
technology standard proposed or promulgated under 40 C.F.R. Part 63, only if
the Commonwealth of Kentucky has taken credit for the emissions reductions in
an attainment demonstration or maintenance plan consistent with 40 C.F.R.
51.165(a)(3)(ii)(G); and
c.
Is based on any consecutive twenty-four (24) month period for which there is
adequate information for determining annual emissions, in tons per year, and
for adjusting this amount as necessary according to clause b. of this
subparagraph.
2.
If a project involves multiple emissions units, only one (1) consecutive
twenty-four (24) month period is used for each regulated NSR pollutant to
determine the baseline actual emissions for the emissions units being changed
with a different consecutive twenty-four (24) month period;
(c)
For a new emissions unit, equals zero for determining the emissions increase
that will result from the initial construction and operation of the new unit
and thereafter, for all other purposes, equals the unit's potential to emit; or
(d)
For a PAL for a stationary source, is determined as follows:
1.
For an existing EUSGU, in accordance with the procedures contained in paragraph
(a) of this subsection;
2.
For other existing emissions units, in accordance with the procedures contained
in paragraph (b) of this subsection; and
3.
For a new emissions unit, in accordance with the procedures contained in
paragraph (c) of this subsection.
(21)
"Baseline area" means an intrastate area and every part of that area
designated as attainment or unclassifiable pursuant to 42 U.S.C.
7407(d)(1)(A)(ii) or (iii) in which the major source or major modification
establishing the minor source baseline date would construct or would have an
air quality impact equal to or greater than one (1) mg/m3
annual average of the pollutant for which the minor source baseline date is
established for SO2, NO2, or PM10 or equal to
or greater than 0.3 mg/m3 annual average for PM2.5.
(a)
Area redesignations under 42 U.S.C. 7407(d)(1)(A)(ii) or (iii) do not intersect
and are not smaller than the area of impact of a major stationary source or
major modification that:
1.
Establishes a minor source baseline date; or
2.
Is subject to 401 KAR 51:017 and would be constructed in the Commonwealth of
Kentucky.
(b)
A baseline area established originally for total suspended particulate (TSP)
increments remains in effect to determine the amount of available PM10
increments, unless the cabinet rescinds the corresponding minor source baseline
date.
(22)
"Baseline concentration" means the ambient concentration level that
exists in the baseline area on the date the applicable minor source baseline
date is established.
(23)
"Baseline date" means major source baseline date or minor source
baseline date and is established for each pollutant for which increments or
other equivalent measures have been established if the area in which the
proposed source or modification would construct is designated as attainment or
unclassifiable pursuant to 42 U.S.C. 7407(d)(1)(A)(ii) or (iii) for the
pollutant on the date of the source's complete application; and
(a)
For a major stationary source, the pollutant would be emitted in significant
amounts; or
(b)
For a major modification, there would be a significant net emissions increase
of the pollutant.
(24)
"Begin actual construction" means:
(a)
Initiation of physical on-site construction activities on an emissions unit
that are of a permanent nature and include installation of building supports
and foundations, laying underground pipe work, and construction of permanent
storage structures; and
(b)
For a change in method of operations, those on-site activities, other than the
preparatory activities, that mark the initiation of the change.
(25)
"Best available control technology" or "BACT" means an emissions
limitation, including a visible emission standard, based on the maximum degree
of reduction for each regulated NSR pollutant that will be emitted from a
proposed major stationary source or major modification and:
(a)
Is determined by the cabinet pursuant to 401 KAR 51:017, Section 8, after
taking into account energy, environmental, and economic impacts and other
costs, to be achievable by the source or modification through application of
production processes or available methods, systems, and techniques, including
fuel cleaning or treatment or innovative fuel combustion techniques for control
of that pollutant;
(b)
Does not result in emissions of a pollutant that would exceed the emissions
allowed by an applicable standard codified in 40 C.F.R. Parts 60 and 61; and
(c)
Is satisfied by a design, equipment, work practice, or operational standard or
combination of standards approved by the cabinet, if:
1.
The cabinet determines pursuant to 40 C.F.R. 51.166(b)(12) that technological
or economic limitations on the application of measurement methodology to a
particular emissions unit would make the imposition of an emissions standard
infeasible;
2.
The standard establishes the emissions reduction achievable by implementation
of the design, equipment, work practice, or operation; and
3.
The standard provides for compliance by means that achieve equivalent results.
(26)
"BOD" means biochemical oxidant demand.
(27)
"Boiler" means an enclosed fossil or other fuel-fired combustion
device used to produce heat and to transfer heat to recirculating water, steam,
or other medium.
(28)
"BTU" means British thermal unit.
(29)
"Building, structure, facility, or installation" means all of the pollutant
emitting activities that:
(a)
Belong to the same industrial grouping or have the same two (2) digit major
group code as described in the Standard Industrial Classification Manual;
(b)
Are located on one (1) or more contiguous or adjacent properties;
(c)
Are under the control of the same person or persons under common control; and
(d)
Do not include the activities of a vessel.
(30)
"°C" means degree Celsius (centigrade).
(31)
"Cabinet" is defined by KRS 224.1-010(9).
(32)
"Cal" means calorie.
(33)
"Capital expenditure" is defined by 40 C.F.R. 60.2.
(34)
"cfm" means cubic feet per minute.
(35)
"CH4" means methane.
(36)
"Clean coal technology" is defined by 40 C.F.R. 51.166(b)(33).
(37)
"Clean coal technology demonstration project" is defined by 40 C.F.R.
51.166(b)(34).
(38)
"Clinker" means the product of a portland cement kiln from which
finished cement is manufactured by milling and grinding.
(39)
"CO" means carbon monoxide.
(40)
"CO2" means carbon dioxide.
(41)
"COD" means chemical oxidant demand.
(42)"Combined
cycle system" means a system comprised of one (1) or more combustion
turbines, heat recovery steam generators, or steam turbines configured to
improve overall efficiency of electricity generation or steam production.
(43)
"Combustion turbine" means an enclosed fossil or other fuel-fired
device that is comprised of a compressor, a combustor, and a turbine, and in
which the flue gas resulting from the combustion of fuel in the combustor
passes through the turbine, rotating the turbine.
(44)
"Commence" means that an owner or operator:
(a)
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; or
(b)
For construction of a major stationary source or major modification in the PSD
or NSR program, has all necessary preconstruction approvals or permits, and:
1.
Has begun, or caused to begin, a continuous program of actual on-site
construction of the source, to be completed within a reasonable time; or
2.
Has entered into binding agreements or contractual obligations, that cannot be
cancelled or modified without substantial loss to the owner or operator, to
undertake a program of actual construction of the source to be completed within
a reasonable time.
(45)
"Commence commercial operation" means to have begun to produce steam,
gas, or other heated medium used to generate electricity for sale or use.
Except as provided in 401 KAR 51:195 or 40 C.F.R. 96.5:
(a)
For a unit that is a NOx budget unit under 40 C.F.R. 96.4, on the date the unit
commences commercial operation, the date remains the unit's date of
commencement of commercial operation even if the unit is subsequently modified,
reconstructed, or repowered; or
(b)
For a unit that is not a NOx budget unit under 40 C.F.R. 96.4, on the date the
unit commences commercial operation, the date the unit becomes a NOx budget
unit under 40 C.F.R. 96.4 is the unit's date of commencement of commercial operation.
(46)
"Commence operation" means, for a NOx budget unit, to have begun a
mechanical, chemical, or electronic process, including start-up of a unit's
combustion chamber. Except as provided in 401 KAR 51:195 or 40 C.F.R. 96.5:
(a)
For a unit that is a NOx budget unit under 40 C.F.R. 96.4 on the date of
commencement of operation, the date remains the unit's date of commencement of
operation even if the unit is subsequently modified, reconstructed, or
repowered; or
(b)
For a unit that is not a NOx budget unit under 40 C.F.R. 96.4 on the date of
commencement of operation, the date the unit becomes a NOx budget unit under 40
C.F.R. 96.4 is the unit's date of commencement of operation.
(47)
"Complete" is defined by 40 C.F.R. 51.166(b)(22).
(48)
"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.
(49)
"Compliance supplement pool" means the quantity of NOx allowances
provided to Kentucky by the U.S. EPA to be:
(a)
Allocated to NOx budget units that achieve early reduction; or
(b)
Used to assist NOx budget sources that are unable to meet the compliance
deadline as provided in 401 KAR 51:180, Section 5.
(50)
"Construction" means:
(a)
Fabrication, erection, installation, or modification of an air contaminant
source; or
(b)
For the NSR program, any physical change or change in the method of operation,
including fabrication, erection, installation, demolition, or modification of
an emissions unit that would result in a change in the emissions at an air
contaminant source.
(51)
"Continuous emissions monitoring system" or "CEMS" means
all of the equipment necessary to meet the data acquisition and availability
requirements of 401 KAR 51:017 or 51:052 to sample, condition (if applicable),
analyze, and provide a record of emissions on a continuous basis.
(52)
"Continuous emission monitoring system for NOx" or "CEMS for
NOx" means the equipment required to sample, analyze, measure, and provide,
by readings taken at least once every fifteen (15) minutes of the measured
parameters, a permanent record of NOx emissions, expressed in tons per hour for
NOx. The following systems are necessary component parts, as required by 40
C.F.R. Part 75, included in a continuous emissions monitoring system:
(a)
Flow monitor;
(b)
NOx pollutant concentration monitor;
(c)
Diluent gas monitor (O2 or CO2);
(d)
Continuous moisture monitor; and
(e)
Automated data acquisition and handling system.
(53)
"Continuous emissions rate monitoring system" or "CERMS" is
defined by 40 C.F.R. 51.166(b)(46).
(54)
"Continuous monitoring system" means the total equipment, required
under the applicable administrative regulations in 401 KAR Chapters 50 to 65,
used to sample, to condition (if applicable), to analyze, and to provide a
permanent record of emissions or process parameters.
(55)
"Continuous parameter monitoring system" or "CPMS" is defined
by:
(a)
40 C.F.R. 51.166(b)(45) for 401 KAR 51:017; or
(b)
40 C.F.R. 51.165(a)(1)(xxxiii) for 401 KAR 51:052.
(56)
"Control period" means the period beginning May 1 of a year and
ending on September 30 of the same year, inclusive.
(57)
"Director" means Director of the Division for Air Quality of the
Energy and Environment Cabinet.
(58)
"District" is defined by KRS 224.1-010(11).
(59)
"dscf" means dry cubic feet at standard conditions.
(60)
"dscm" means dry cubic meter at standard conditions.
(61)
"Electric generating unit" means, for 401 KAR 51:160 to 51:195, a
fossil fuel-fired boiler, combustion turbine, or a combined cycle system used
to generate twenty-five (25) megawatts or more of electricity, some of which is
offered for sale.
(62)
"Electric utility steam generating unit" or "EUSGU" is defined
by 40 C.F.R. 51.166(b)(30).
(63)
"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.
(64)
"Emissions unit" means any part of a stationary source, including an
EUSGU, that emits or has the potential to emit a regulated NSR pollutant. For
401 KAR 51:017 and 51:052, there are two (2) types of emissions units:
(a)
A new emissions unit, which is any emissions unit that is or will be newly
constructed and that has existed for less than two (2) years from the date the
unit first operated; and
(b)
An existing emissions unit, which is any emissions unit that does not meet the
requirements in paragraph (a) of this subsection or is a replacement unit.
(65)
"Enforceable as a practical matter" means that the emission or other
standards contained in a permit or compliance schedule include:
(a)
Technically accurate emission standards and the portions of the source that are
subject to the standards;
(b)
A time period adequate to demonstrate compliance with the standards; and
(c)
The method the source shall use to achieve and demonstrate compliance with the
limitations and standards, including appropriate monitoring, recordkeeping, and
reporting.
(66)
"Equivalent method" means a method of sampling and analyzing for an
air pollutant that has been demonstrated to the cabinet and the U.S. EPA
pursuant to 40 C.F.R. 53.3 to have a consistent and quantitatively known
relationship to the reference method, under specified conditions.
(67)
"Excess NOx emissions" means any tonnage of nitrogen oxides emitted
by a NOx budget unit during a control period that exceeds the NOx budget
emissions limitation for the unit.
(68)
"Exempt compound" or "exempt solvent" means an organic
compound listed in the definition of volatile organic compound as not
participating in atmospheric photochemical reactions.
(69)
"Existing source" means a source that is not a new source.
(70)
"Extreme nonattainment county" or "extreme nonattainment
area" means a county or portion of a county designated extreme
nonattainment for the national ambient air quality standard for ozone.
(71)
"°F" means degree Fahrenheit.
(72)
"Federal land manager" is defined by 40 C.F.R. 51.166(b)(24).
(73)
"Federally enforceable" means all limitations and conditions that are
enforceable by the U.S. EPA, including:
(a)
Requirements developed under 40 C.F.R. Parts 60 and 61;
(b)
Requirements in the Kentucky State Implementation Plan (SIP) approved by the
U.S. EPA; and
(c)
Any permit requirements established under 40 C.F.R. 52.21 or under the Kentucky
SIP approved pursuant to 40 C.F.R. Part 51, Subpart I, including operating
permits issued under a U.S. EPA-approved program incorporated into the SIP,
that expressly requires adherence to a permit issued under the program.
(74)
"Federally enforceable permit" means a permit issued under 401 KAR
52:020 or 52:030, as appropriate.
(75)
"Fixed capital cost" means the capital needed to provide all the
depreciable components.
(76)
"Fossil fuel" means natural gas; petroleum; coal; or a form of solid,
liquid, or gaseous fuel derived from natural gas, petroleum, or coal.
(77)
"Fossil fuel fired" means, for a unit:
(a)
The combustion of fossil fuel, alone or in combination with another fuel, if
the fossil fuel combusted comprises more than fifty (50) percent of the annual
heat input on a BTU basis during a year starting in 1995 or, if a unit had no
heat input starting in 1995, during the last year of operation of the unit
prior to 1995; or
(b)
The combustion of fossil fuel, alone or in combination with another fuel, if
the fossil fuel is projected to comprise more than fifty (50) percent of the
annual heat input on a BTU basis during a year, and the unit is to be fossil
fuel fired as of the date during the year the unit begins combusting fossil
fuel.
(78)
"ft" means feet or foot.
(79)
"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.
(80)
"Fugitive emissions" means those emissions that could not reasonably
pass through a stack, chimney, vent, or other functionally equivalent opening.
(81)
"g" means gram.
(82)
"gal" means gallon.
(83)
"General fund" is defined by KRS 48.010(15)(a).
(84)
"Generator" means a device that produces electricity.
(85)
"gr" means grain.
(86)
"HCI" means hydrochloric acid.
(87)
"Heat input" means the product, in MMBTU per unit of time, of the
gross calorific value of the fuel, in BTU per lb, and the fuel feed rate into a
combustion device, in mass of fuel per unit of time, that:
(a)
Does not include the heat derived from preheated combustion air, recirculated
flue gases, or exhaust from other sources; and
(b)
Is measured, recorded, and reported to the cabinet.
(88)
"HF" means hydrogen fluoride.
(89)
"Hg" means mercury.
(90)
"High terrain" is defined by 40 C.F.R. 51.166(b)(25).
(91)
"hr" means hour.
(92)
"Hydrocarbon" means an organic compound consisting predominantly of
carbon and hydrogen.
(93)
"Hydrocarbon combustion flare" means:
(a)
A flare used to comply with an applicable New Source Performance Standard
(NSPS) or Maximum Achievable Control Technology (MACT) standard, including uses
of flares during startup, shutdown, or malfunction permitted under the
standard; or
(b)
A flare that serves to control emissions of waste streams comprised
predominately of hydrocarbons and containing no more than 230 μg/dscm
hydrogen sulfide.
(94)
"H2O" means water.
(95)
"H2S" means hydrogen sulfide.
(96)
"H2SO4" means sulfuric acid.
(97)
"in" means inch.
(98)
"Incineration" means the process of igniting and burning solid,
semisolid, liquid, or gaseous combustible wastes.
(99)
"Industrial boiler or turbine" means a fossil fuel-fired boiler,
combustion turbine, or a combined cycle system having a maximum design heat
input of 250 MMBTU per hour or more that is not an electric generating unit.
(100)
"Innovative control technology" is defined by 40 C.F.R.
51.166(b)(19).
(101)
"Intermittent emissions" means emissions of particulate matter into
the open air from a process that operates for less than any six (6) consecutive
minutes.
(102)
"J" means joule.
(103)
"Kg" means kilogram.
(104)
"l" means liter.
(105)
"lb" means pound.
(106)
"Legally enforceable" means the cabinet or the U.S. EPA has the
authority to enforce a certain restriction.
(107)
"Long dry kiln" means a kiln that employs no preheating of the feed
and has a dry inlet feed.
(108)
"Long wet kiln" means a kiln that employs no preheating of the feed
and the inlet feed to the kiln is a slurry.
(109)
"Low terrain" means an area other than high terrain.
(110)
"Lowest achievable emissions rate" or "LAER" means, for any
source:
(a)1.
The most stringent emissions limitation that is contained in the Kentucky SIP
for the class or category of stationary source, unless the owner or operator of
the proposed stationary source demonstrates that the limitation is not
achievable; or
2.
The most stringent emissions limitation achieved in practice by the class or
category of stationary source;
(b)
For a major modification, the lowest achievable emissions rate for the new or
modified emissions units at the stationary source; and
(c)
An emissions limitation that does not exceed the allowable emissions of an
applicable standard established pursuant to 40 C.F.R. Parts 60, 61, or 63.
(111)
"m" means meter.
(112)
"m3" means cubic meter.
(113)
"Major emissions unit" means:
(a)
Any emissions unit that emits or has the potential to emit 100 tons per year or
more of a PAL pollutant in an attainment area; or
(b)
Any emissions unit that emits or has the potential to emit a PAL pollutant in
an amount that is equal to or greater than the major source threshold for the
PAL pollutant as defined by the Clean Air Act, 42 U.S.C. 7401 - 7671q for
nonattainment areas.
(114)
"Major modification" means a physical change in or a change in the
method of operation of a major stationary source that results in a significant
emissions increase and a significant net emissions increase of a regulated NSR
pollutant.
(a)
A significant emissions increase from any emissions units or net emissions
increase at a major stationary source that is significant for volatile organic
compounds or nitrogen oxides is considered significant for ozone.
(b)
A physical change or change in the method of operation does not include:
1.
Routine maintenance, repair, and replacement;
2.
Use of alternative fuel or raw material by reason of an order or a natural gas
curtailment plan in effect under a federal act;
3.
Use of an alternative fuel at a steam generating unit to the extent that the
fuel is generated from municipal solid waste;
4.
Use of an alternative fuel or raw material by a stationary source that:
a.
The source was capable of accommodating before January 6, 1975, for 401 KAR
51:017, or December 21, 1976, for 401 KAR 51:052; unless the change would be
prohibited by a federally enforceable permit condition that was established after
January 6, 1975, for 401 KAR 51:017, or December 21, 1976, for 401 KAR 51:052,
pursuant to 40 C.F.R. 51.165 or 51.166; or
b.
The source is approved to use by a permit issued pursuant to 401 KAR 51:017 or
51:052;
5.
An increase in the hours of operation or in the production rate, unless the
change is prohibited by any federally enforceable permit condition established
after January 6, 1975, for 401 KAR 51:017 or December 21, 1976, for 401 KAR
51:052 pursuant to 40 C.F.R. 52.21; after June 6, 1979, pursuant to 401 KAR
51:015; after September 22, 1982, pursuant to 401 KAR 51:017; or pursuant to
401 KAR 52:020 and 51:016E;
6.
A change in ownership at a stationary source;
7.
The installation, operation, cessation, or removal of a temporary clean coal
technology demonstration project, if the project complies with the Kentucky SIP
and other requirements necessary to attain and maintain the national ambient
air quality standards during the project and after it is terminated;
8.
The installation or operation of a permanent clean coal technology
demonstration project that constitutes repowering, if the project does not
result in an increase in the potential to emit of a regulated pollutant emitted
by the unit, on a pollutant-by-pollutant basis; or
9.
The reactivation of a very clean coal-fired electric utility steam generating
unit.
(c)
Instead of this definition, the definition for "PAL major modification",
in subsection (175) of this section, is used for a particular regulated NSR
pollutant, if the major stationary source is complying with the requirements of
401 KAR 51:017, Section 20, and 401 KAR 51:052, Section 11, for a PAL for that
pollutant.
(115)"Major
NSR permit" means a permit issued under Kentucky's PSD or NSR program.
(116)
"Major source" means a source with a potential emission rate 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,
carbon monoxide, or ODS.
(117)
"Major source baseline date" means:
(a)
For PM10 and sulfur dioxide, January 6, 1975;
(b)
For nitrogen dioxide, February 8, 1988; and
(c)
For PM2.5, October 20, 2010.
(118)
"Major stationary source" means:
(a)1.
A stationary source of air pollutants that emits, or has the potential to emit,
100 tons per year or more of a regulated NSR pollutant, except that:
a.
For ozone nonattainment areas: 100 tons per year of more of volatile organic
compounds or nitrogen oxides in a marginal or moderate ozone nonattainment
area; fifty (50) tons per year or more of volatile organic compounds or
nitrogen oxides in a serious ozone nonattainment area; twenty-five (25) tons
per year or more of volatile organic compounds or nitrogen oxides in a severe
ozone nonattainment area; or ten (10) tons per year or more of volatile organic
compounds or nitrogen oxides in an extreme ozone nonattainment area;
b.
Fifty (50) tons per year or more of carbon monoxide in a serious carbon
monoxide nonattainment area where stationary sources contribute significantly
to carbon monoxide levels; and
c.
Seventy (70) tons per year or more of particulate matter (PM10) in a
serious PM10 nonattainment area; or
2.a.
For the PSD program, any of the following stationary sources of air pollutants
that emits, or has the potential to emit, 100 tons per year or more of a
regulated NSR pollutant: fossil fuel-fired steam electric plants of more than
250 million BTU per hour heat input, coal cleaning plants with thermal dryers,
kraft pulp mills, Portland cement plants, primary zinc smelters, iron and steel
mill plants, primary aluminum ore reduction plants, primary copper smelters,
municipal incinerators capable of charging more than 250 tons of refuse per
day, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime
plants, phosphate rock processing plants, coke oven batteries, sulfur recovery
plants, carbon black plants (furnace process), primary lead smelters, fuel
conversion plants, sintering plants, secondary metal production plants,
chemical process plants, except ethanol production facilities producing ethanol
by natural fermentation under the North American Industry Classification System
(NAICS) codes 325193 or 312140, fossil fuel boilers, or combination of fossil
fuel boilers, totaling more than 250 million BTU per hour heat input, petroleum
storage and transfer units with a total storage capacity exceeding 300,000
barrels, taconite ore processing plants, glass fiber processing plants, and
charcoal production plants; and
b.
Regardless of the stationary source size specified in clause a. of this subparagraph,
a stationary source that emits, or has the potential to emit, 250 tons per year
or more of a regulated NSR pollutant; or
3.
Any physical change that will occur at a stationary source not otherwise qualifying
under this subsection as a major stationary source, if the change will
constitute a major stationary source by itself;
(b)
A source that is major for volatile organic compounds or nitrogen oxides is
considered major for ozone; and
(c)
Fugitive emissions are included only if the source belongs to one (1) of the
following categories of stationary sources:
1.
Coal cleaning plants with thermal dryers;
2.
Kraft pulp mills;
3.
Portland cement plants;
4.
Primary zinc smelters;
5.
Iron and steel mills;
6.
Primary aluminum ore reduction plants;
7.
Primary copper smelters;
8.
Municipal incinerators capable of charging more than 250 tons of refuse per
day;
9.
Hydrofluoric, sulfuric, or nitric acid plants;
10.
Petroleum refineries;
11.
Lime plants;
12.
Phosphate rock processing plants;
13.
Coke oven batteries;
14.
Sulfur recovery plants;
15.
Carbon black plants (furnace process);
16.
Primary lead smelters;
17.
Fuel conversion plants;
18.
Sintering plants;
19.
Secondary metal production plants;
20.
Chemical process plants, except ethanol production facilities producing ethanol
by natural fermentation under NAICS codes 325193 or 312140;
21.
Fossil-fuel boilers, or combination of fossil-fuel boilers, totaling more than
250 million BTUs per hour heat input;
22.
Petroleum storage and transfer units with a total storage capacity exceeding
300,000 barrels;
23.
Taconite ore processing plants;
24.
Glass fiber processing plants;
25.
Charcoal production plants;
26.
Fossil fuel-fired steam electric plants of more than 250 million BTUs per hour
heat input; or
27.
Another stationary source category that, as of August 7, 1980, is being
regulated under 42 U.S.C. 7411 or 7412.
(119)
"Malfunction" means a sudden and infrequent 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 upset condition or equipment breakdown that is
reasonably preventable.
(120)
"Mandatory Class I area" means an area identified in 40 C.F.R. Part
81, Subpart D, if the administrator of the U.S. EPA, in consultation with the
Secretary of the U.S. Department of Interior, has determined visibility to be
an important value.
(121)
"Marginal nonattainment county" or "marginal nonattainment
area" means a county or portion of a county designated marginal
nonattainment for the national ambient air quality standard for ozone.
(122)
"Maximum design heat input" means the ability of a unit to combust a
stated maximum amount of fuel per hour on a steady state basis, as determined
by the physical design and physical characteristics of the unit.
(123)
"Maximum potential hourly heat input" means an hourly heat input used
for reporting purposes if a unit lacks certified monitors to report heat input
and is:
(a)
A value calculated according to 40 C.F.R. Part 75 using the maximum fuel flow
rate and the maximum gross calorific value, if the unit intends to use 40
C.F.R. Part 75, Appendix D, to report heat input; or
(b)
A value reported according to 40 C.F.R. Part 75 using the maximum potential
flow rate and either the maximum percent CO2 concentration (in
percent CO2) or the minimum percent O2, if the unit
intends to use a flow monitor and a diluents gas monitor.
(124)
"Maximum potential NOx emission rate" means the emission rate of NOx
(in lb per MMBTU) calculated according to 40 C.F.R. Part 75, Appendix F,
Section 3, using the maximum potential NOx concentration as defined in 40
C.F.R. Part 75, Appendix A, Section 2, and the maximum percent O2 or
the minimum percent CO2 under all operating conditions of the unit
except for unit startup, shutdown, and malfunction.
(125)
"Maximum rated hourly heat input" means a unit specific maximum
hourly heat input (MMBTU) that is the higher of the manufacturer's maximum
rated hourly heat input or the highest observed hourly heat input.
(126)
"mg" means microgram.
(127)
"mg" means milligram.
(128)
"Mid-kiln firing" means the secondary firing in kilns by injecting
solid fuel at an intermediate point in the kiln using a specially designed feed
injection mechanism for the purpose of decreasing NOx emissions through:
(a)
Burning part of the fuel at a lower temperature; and
(b)
Reducing-conditions at the solid waste injection point that may destroy some of
the NOx formed upstream in the kiln burning zone.
(129)
"min" means minute.
(130)
"Minor source baseline date" means:
(a)
The earliest date after the trigger date on which a major stationary source or
a major modification subject to permit requirements established pursuant to 40
C.F.R. 52.21 or the Kentucky SIP submits a complete application. The trigger
date is:
1.
August 7, 1977, for PM10 and SO2;
2.
February 8, 1988, for NO2; and
3.
October 20, 2011, for PM2.5;
(b)
For TSP increments, that the originally established date remains in effect to
determine the amount of available PM10 increments, unless the
cabinet rescinds the minor source baseline date pursuant to 40 C.F.R.
51.166(b)(14)(iv); and
(c)
A date established for each pollutant for which increments or other equivalent
measures have been established if:
1.
The area in which the proposed source or modification will construct is
designated as attainment or unclassifiable pursuant to 42 U.S.C. 7407(d)(1)(A)(ii)
or (iii) for the pollutant on the date of its complete application pursuant to
401 KAR Chapter 52; and
2.
For a major stationary source, the pollutant will be emitted in significant
amounts or a significant net emissions increase of the pollutant will occur for
a major modification.
(131)
"MJ" means megajoules.
(132)
"mm" means millimeter.
(133)
"MM" means million.
(134)
"mo" means month.
(135)
"Moderate nonattainment county" or "moderate nonattainment
area" means a county or portion of a county designated moderate
nonattainment for the national ambient air quality standard for ozone.
(136)
"Modification" means any physical change in, or a change in the
method of operation of, an affected facility that:
(a)
Increases the amount of any air pollutant (to which a standard applies) emitted
into the atmosphere by that facility or that results in the emission of any 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 considering available information;
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 is considered to be designed to
accommodate an alternative fuel or raw material if that use could be
accomplished under the facility's construction specification 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 a source.
(137)
"Monitoring device" means the total equipment, required by an
applicable administrative regulation in 401 KAR Chapters 50 to 65, used to
measure and record, if applicable, process parameters.
(138)
"Monitoring system" means a monitoring system that meets the
requirements of any applicable administrative regulation in 401 KAR Chapters 50
to 65.
(139)
"MWe" means megawatt electrical.
(140)
"N2" means nitrogen.
(141)
"Nameplate capacity" means the maximum electrical generating output
(in MWe) that a generator can sustain over a specified period of time if not
restricted by seasonal or other deratings as measured with United States
Department of Energy standards.
(142)
"Natural conditions" means those naturally occurring phenomena that
reduce visibility as measured in terms of visual range, contrast, or
coloration.
(143)
"Necessary preconstruction approvals or permits" means those permits
or approvals required under the administrative regulations approved to the
Kentucky SIP pursuant to 40 C.F.R. 52.920, and federal air quality control laws
and regulations established pursuant to 42 U.S.C. 7401 - 7671q.
(144)
"Net emissions increase" means:
(a)
For any regulated NSR pollutant emitted by a major stationary source, the
amount by which the sum of subparagraphs 1 and 2 of this paragraph exceeds
zero:
1.
An increase in emissions from a particular physical change or change in method
of operation at a stationary source as calculated pursuant to 401 KAR 51:017,
Section 1(4), or 401 KAR 51:052, Section 1(2); and
2.
Any other increases and decreases in actual emissions at the major stationary
source that are contemporaneous with the particular change and are otherwise
creditable. Baseline actual emissions for calculating increases and decreases
under this paragraph are determined as defined in this section.
(b)
An increase or decrease in actual emissions is contemporaneous with the
increase from the particular change only if:
1.
For construction that commences prior to January 6, 2002, the change occurs
between the date ten (10) years before construction on the change commences and
the date that the increase from the change occurs; and
2.
For construction that commences on and after January 6, 2002, the change occurs
between the date five (5) years before construction on the change commences and
the date that the increase from the change occurs.
(c)
An increase or decrease in actual emissions is creditable only if:
1.
The cabinet or the U.S. EPA has not relied on the change in issuing a permit
for the source pursuant to 401 KAR 51:017, 51:052, or 40 C.F.R. 52.21; and
2.
The permit is in effect at the time the increase or decrease in actual
emissions from the particular change occurs.
(d)
An increase or decrease in actual emissions of sulfur dioxide, particulate
matter, or nitrogen oxides that occurs before the applicable minor source
baseline date is creditable only if it is required to be considered in
calculating the amount of maximum allowable increases remaining available. For
particulate matter, only PM10 emissions are used to evaluate the net
emissions increase for PM10.
(e)
An increase in actual emissions is creditable only to the extent that the new
level of actual emissions exceeds the old level.
(f)
A decrease in actual emissions is creditable only to the extent that:
1.
The old level of actual emissions or the old level of allowable emissions,
whichever is lower, exceeds the new level of actual emissions;
2.
The decrease is enforceable as a practical matter at and after the time that
actual construction on the particular change begins; and
3.
The decrease has approximately the same qualitative significance for public
health and welfare as that attributed to the increase from the particular
change.
(g)
An increase that results from a physical change at a source occurs if the
emissions unit on which construction occurred becomes operational and begins to
emit a particular pollutant. A replacement unit that requires shakedown becomes
operational only after a reasonable shakedown period, not to exceed 180 days.
(h)
The term, actual emissions, as defined in subsection (2) of this section does
not apply in determining creditable increases and decreases.
(145)
"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.
(146)
"Nitrogen oxides" means all oxides of nitrogen except nitrous oxide,
as measured by test methods specified in the Kentucky SIP.
(147)
"ng" means nanograms.
(148)
"NO" means nitric oxide.
(149)
"NO2" means nitrogen dioxide.
(150)
"Nonattainment major new source review program" or "NSR
program" is defined by 40 C.F.R. 51.165(a)(1)(xxx). For purposes of this
definition, "administrator" means the U.S. EPA.
(151)
"NOx" means nitrogen oxides.
(152)
"NOx allowance" is defined by 40 C.F.R. 96.2.
(153)
"NOx Allowance Tracking System" or "NATS" is defined by 40
C.F.R. 96.2 For purposes of this definition, "administrator" means
the U.S. EPA.
(154)
"NOx authorized account representative" is defined by 40 C.F.R. 96.2.
(155)
"NOx budget emissions limitation" means, for a NOx budget unit, the
tonnage equivalent of the NOx allowances available for compliance deduction for
the unit and for a control period under 401 KAR 51:160 adjusted by deductions
of sufficient NOx allowances to account for:
(a)
Actual utilization under 40 C.F.R. 96.42(e) for the control period;
(b)
Excess NOx emissions for a prior control period under 40 C.F.R. 96.54(d);
(c)
Withdrawal from the NOx budget program under 40 C.F.R. 96.86; or
(d)
A change in regulatory status for a NOx budget opt-in source under 40 C.F.R. 96.87.
(156)
"NOx budget opt-in source" means an affected facility that has
elected to become a NOx budget unit under the NOx Budget Trading Program and
whose NOx budget opt-in permit has been issued and is in effect.
(157)
"NOx budget source" is defined by 40 C.F.R. 96.2.
(158)
"NOx Budget Trading Program" is defined by 40 C.F.R. 96.2.
(159)
"NOx budget unit" means a unit that is subject to the NOx Budget
Trading Program emissions limitation under 401 KAR 51:160 or 40 C.F.R. 96.80.
(160)
"NOx budget unit operator" means a person who operates, controls, or
supervises a NOx budget unit, a NOx budget source, or a unit for which an
application for a NOx budget opt-in permit under 401 KAR 51:195 is submitted
and not denied or withdrawn and includes a holding company, utility system, or
plant manager of a NOx budget unit or source.
(161)
"NOx budget unit owner" means:
(a)
A holder of a portion of the legal or equitable title in a NOx budget unit or
in a unit for which an application for a NOx budget opt-in permit under 401 KAR
51:195 is submitted and not denied or withdrawn;
(b)
A holder of a leasehold interest in a NOx budget unit or in a unit for which an
application for a NOx budget opt-in permit under 401 KAR 51:195 is submitted
and not denied or withdrawn;
(c)
A purchaser of power from a NOx budget unit or from a unit for which an
application for a NOx budget opt-in permit under 401 KAR 51:195 is submitted
and not denied or withdrawn under a life-of-the-unit, firm power contractual
arrangement and unless expressly provided for in a leasehold agreement, does
not include a passive lessor, or a person who has an equitable interest through
the lessor, whose rental payments are not based, either directly or indirectly,
upon the revenues or income from the NOx budget unit or the unit for which an
application for a NOx budget opt-in permit under 401 KAR 51:195 is submitted
and not denied or withdrawn; or
(d)
For any general account, a person who has an ownership interest with respect to
the NOx allowances held in the general account and who is subject to the
binding agreement for the NOx authorized account representative to represent
that person’s ownership.
(162)
"O2" means oxygen.
(163)
"O3" means ozone.
(164)
"Opacity" means the degree to which emissions reduce the transmission
of light and obscure the view of an object in the background.
(165)
"Operating" means, for a NOx budget unit, having documented heat
input for more than 876 hours in the six (6) months immediately preceding the
submission of an application for an initial NOx budget permit.
(166)
"Operator" means, for a NOx budget unit, any person who operates,
controls, or supervises a NOx budget unit, a NOx budget source, or unit for
which an application for a NOx budget opt-in permit is submitted and not denied
or withdrawn, and includes any holding company, utility system, or plant
manager of the unit or source.
(167)
"Opt-in" means to be elected to become a NOx budget unit under the
NOx Budget Trading Program through a final NOx budget opt-in permit.
(168)
"Owner", for a NOx budget unit, is defined by 40 C.F.R. 96.2.
(169)
"Owner or operator" means a person who owns, leases, operates,
controls, or supervises an affected facility or a source of which an affected
facility is a part.
(170)
"oz" means ounce.
(171)
"Ozone depleting potential" or "ODP", means pursuant to 40
C.F.R. Part 82, Subpart A, Appendices A and B, the ratio of the total amount of
ozone destroyed by a fixed amount of an ozone depleting substance to the amount
of ozone destroyed by the same mass of trichlorofluoromethane (CFC-11) in which
the ozone depleting potential of CFC-11 is equal to one and zero-tenths (1.0).
(172)
"Ozone depleting substance" or "ODS" means any chemical
compound regulated under 40 C.F.R. Part 82 with decay products, after the
photolysis of the ODS by short-wave ultraviolet light, that are able to
catalyze the destruction of stratospheric ozone.
(173)
"PAL effective date" means:
(a)
The date of issuance of the PAL permit; or
(b)
For an increased PAL, the date any emissions unit that is part of the PAL major
modification becomes operational and begins to emit the PAL pollutant.
(174)
"PAL effective period" means the period beginning with the PAL
effective date and ending ten (10) years later.
(175)
"PAL major modification" means any physical change in or a change in
the method of operation of the PAL source that causes it to emit the PAL
pollutant at a level equal to or greater than the PAL.
(176)
"PAL permit" means the permit issued by the cabinet that establishes
a PAL for a major stationary source.
(177)
"PAL pollutant" means the pollutant for which a PAL is established at
a major stationary source.
(178)
"Particulate matter" means a material, except uncombined water that
exists in a finely divided form as a liquid or solid measured by a U.S.
EPA-approved test method or a test method approved in the Kentucky SIP.
(179)
"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 Kentucky SIP.
(180)
"Peak load" means the maximum instantaneous operating load.
(181)
"Permitted capacity factor" means the annual permitted fuel use
divided by the manufacturer’s specified maximum fuel consumption multiplied by
8,760 hours per year.
(182)
"Person" is defined by KRS 224.1-010(17).
(183)
"Plant-wide applicability limitation" or "PAL" means an
emission limitation, expressed in tons per year, for a pollutant at a major
stationary source, that is enforceable as a practical matter and is established
source-wide in accordance with 401 KAR 51:017 or 51:052.
(184)
"PM2.5" means particulate matter with an aerodynamic diameter
less than or equal to a nominal two and five-tenths (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.
(185)
"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.
(186)
"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 Kentucky SIP.
(187)
"Pollution prevention" is defined by 40 C.F.R. 51.166(b)(38).
(188)
"Portland cement" means a hydraulic cement produced by pulverizing
clinker consisting essentially of hydraulic calcium silicates.
(189)
"Portland cement kiln" means a system, including solid, gaseous or
liquid fuel combustion equipment, used to calcite and fuse raw materials,
including limestone and clay, to produce Portland cement clinker.
(190)
"Potential to emit" or "PTE" means:
(a)
The maximum capacity of a stationary source to emit a pollutant under its
physical and operational design, in which:
1.
A physical or operational limitation on the capacity of a source to emit an air
pollutant, including air pollution control equipment and restrictions on hours
of operation or on the type or amount of material combusted, stored, or
processed, is treated as part of its design if the limitation is enforceable as
a practical matter; and
2.
This definition does not alter or affect the use of this term for other
purposes of the Clean Air Act, 42 U.S.C. 7401 - 7671q, or the term
"capacity factor" as used in the Acid Rain Program.
(b)
For the PSD and NSR programs, the maximum capacity of a stationary source to
emit a pollutant under its physical or operational design, in which:
1.
A physical or operational limitation on the capacity of the source to emit a
pollutant, including air pollution control equipment and restrictions on hours
of operation or on the type or amount of material combusted, stored, or
processed, is treated as part of its design if the limitation or the effect it
would have on emissions:
a.
Is federally enforceable; or
b.
For an actual PAL, is federally enforceable or enforceable as a practical
matter; and
2.
Secondary emissions are not counted.
(191)
"ppb" means parts per billion.
(192)
"ppm" means parts per million.
(193)
"ppm(w/w)" means parts per million (weight by weight).
(194)
"Precalciner kiln" means a kiln in which the feed to the kiln system
is preheated in cyclone chambers and utilizes a second burner to calcine material
in a separate vessel attached to the preheater prior to the final fusion in a
kiln that forms clinker.
(195)
"Predictive emissions monitoring system" or "PEMS" is defined
by 40 C.F.R. 51.166(b)(44).
(196)
"Preheater kiln" means a kiln in which the feed to the kiln system is
preheated in cyclone chambers prior to the final fusion in a kiln that forms
clinker.
(197)
"Prevention of Significant Deterioration Program" or "PSD
Program" means a major source preconstruction program that has been
approved by the U.S. EPA and incorporated into the Kentucky SIP to implement
the requirements of 40 C.F.R. 51.166 or 52.21.
(198)
"Project" means a physical change in or change in method of operation
of an existing major stationary source.
(199)
"Projected actual emissions" means:
(a)
The maximum annual rate, in tons per year, at which an existing emissions unit
is projected to emit a regulated NSR pollutant in any one (1) of the five (5)
years, in a twelve (12) month period, following the date the unit resumes regular
operation after the project, or in any one (1) of the ten (10) years following
that date, if:
1.
The project involves increasing the emissions unit's design capacity or its
potential to emit the regulated NSR pollutant; and
2.
Full utilization of the unit would result in a significant emissions increase
or a significant net emissions increase at the major stationary source; or
(b)
The maximum annual rate, in tons per year, at which an emissions unit, before
beginning actual construction, is projected to emit a regulated NSR pollutant,
if the source:
1.a.
Considers all relevant information, including historical operational data and
the company's own representations of expected and highest projected business
activity, filings with the cabinet and the U.S. EPA, and compliance plans under
the Kentucky SIP;
b.
Includes fugitive emissions and emissions associated with startups, shutdowns,
and malfunctions; and
c.
Excludes, in calculating any increase in emissions that results from a project,
that portion of the unit's emissions following the project that an existing
unit could have accommodated during the consecutive twenty-four (24) month
period used to establish the baseline actual emissions and that are also
unrelated to the project, including any increased utilization due to product
demand growth; or
2.
Elects to use the emissions unit's potential to emit, in tons per year, instead
of using subparagraph 1. of this paragraph to determine projected actual
emissions.
(200)
"psia" means pounds per square inch absolute.
(201)
"psig" means pounds per square inch gage.
(202)
"RACT/BACT/LAER Clearinghouse" or "RBLC" means the U.S.
EPA's online collection of previous RACT/BACT/LAER determinations.
(203)
"Reactivation of a very clean coal-fired EUSGU" is defined by 40
C.F.R. 51.166(b)(37).
(204)
"Reasonable further progress" is defined by 42 U.S.C. 7501(1). For
purposes of this definition, "administrator" means the U.S. EPA.
(205)
"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; and
(b)
It is technologically and economically feasible to meet the applicable
requirements of 401 KAR Chapters 50 to 65.
(206)
"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 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.
(207)
"Regulated NSR pollutant" means:
(a)
For 401 KAR 51:017:
1.
A pollutant for which a national ambient air quality standard has been
promulgated and the following constituents or precursors to that pollutant:
a.
Volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment
and unclassifiable areas;
b.
Sulfur dioxide is a precursor to PM2.5 in all attainment and unclassifiable
areas;
c.
Nitrogen oxides are presumed to be precursors to PM2.5 in all attainment
and unclassifiable areas unless the Cabinet demonstrates to the EPA administrator’s
satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources
in a specific area are not a significant contributor to that area’s ambient PM2.5
concentrations;
d.
Volatile organic compounds are presumed not to be precursors to PM2.5
in an attainment or unclassifiable area unless the Cabinet demonstrates to the
EPA administrator’s satisfaction or EPA demonstrates that emissions of volatile
organic compounds from sources in a specific area are a significant contributor
to that area’s ambient PM2.5 concentrations; and
e.
PM2.5 emissions and PM10 emissions include gaseous emissions
from a source or activity that condense to form particulate matter at ambient
temperatures;
(i)
On or after January 1, 2011, condensable particulate matter is included in
applicability determinations and in establishing emissions limitations for PM2.5
and PM10 in permits issued pursuant to 401 KAR 51:017;
(ii)
Compliance with emissions limitations for PM2.5 and PM10
issued prior to January 1, 2011, is not based on condensable particulate matter
unless required by the terms and conditions of a permit; and
(iii)
Applicability determinations made prior to January 1, 2011, without accounting
for condensable particulate matter are not considered in violation of this
section;
2.
A pollutant subject to a standard promulgated under 42 U.S.C. 7411;
3.
A pollutant subject to a standard promulgated under or established by 42 U.S.C.
7671 to 7671q; or
4.
A pollutant that otherwise is subject to regulation, as defined in subsection
(231) of this section, under 42 U.S.C. 7401 to 7671q, except that any hazardous
air pollutant (HAP) listed in 42 U.S.C. 7412 or added to the list pursuant to
42 U.S.C. 7412(b)(2), that has not been delisted pursuant to 42 U.S.C.
7412(b)(3), is not a regulated NSR pollutant unless the listed HAP is also
regulated as a constituent or precursor of a general pollutant listed under 42
U.S.C. 7408; or
(b)
For 401 KAR 51:052:
1.
Nitrogen oxides or volatile organic compounds; or
2.
A pollutant for which a national ambient air quality standard has been
promulgated and the following constituents or precursors to that pollutant:
a.
Volatile organic compounds and nitrogen oxides are precursors to ozone in all ozone
nonattainment areas;
b.
Sulfur dioxide is a precursor to PM2.5 in all PM2.5 nonattainment
areas;
c.
Nitrogen oxides are presumed to be precursors to PM2.5 in all PM2.5
nonattainment areas unless the Cabinet demonstrates to the EPA
Administrator’s satisfaction or EPA demonstrates that emissions of nitrogen
oxides from sources in a specific area are not a significant contributor to
that area’s ambient PM2.5 concentrations;
d.
Volatile organic compounds and ammonia are presumed not to be precursors to PM2.5
in a PM2.5 nonattainment area unless the Cabinet demonstrates to the
EPA Administrator’s satisfaction or EPA demonstrates that emissions of volatile
organic compounds or ammonia from sources in a specific area are a significant
contributor to that area’s ambient PM2.5 concentrations; and
e.
PM2.5 emissions and PM10 emissions include gaseous emissions
from a source or activity that condense to form particulate matter at ambient
temperatures;
(i)
On or after January 1, 2011, condensable particulate matter is included in
applicability determinations and in establishing emissions limitations for PM2.5
and PM10 in permits issued pursuant to 401 KAR 51:052;
(ii)
Compliance with emissions limitations for PM2.5 and PM10
issued prior to January 1, 2011, is not based on condensable particulate matter
unless required by the terms and conditions of a permit; and
(iii)
Applicability determinations made prior to January 1, 2011, without accounting
for condensable particulate matter are not considered in violation of this
section.
(208)
"Replacement unit" means an emissions unit that does not generate
creditable emissions reductions by shutting down the existing emissions unit
that is replaced, and that:
(a)1.
Is a reconstructed unit within the meaning of 40 C.F.R. 60.15(b)(1) or that
completely takes the place of an existing emissions unit;
2.
Is identical to or functionally equivalent to the replaced emissions unit; and
3.
Does not alter the basic design parameters of the process unit.
(b)
Replaces a unit that:
1.
Is permanently removed from the major stationary source, is otherwise
permanently disabled, or is prohibited from operating by a permit that is
enforceable as a practical matter; and
2.
If brought back into operation, is considered a new emissions unit.
(209)
"Repowering" is defined by 40 C.F.R. 51.166(b)(36).
(210)
"Responsible official" means:
(a)
For a corporation: a president, secretary, treasurer, or vice-president of the
corporation in charge of a principal business function, or other person who
performs similar policy or decision-making functions for the corporation, or a
duly authorized representative of that person if the representative is
responsible for the overall operation of one (1) or more manufacturing,
production, or operating facilities applying for or subject to a permit; and
1.
The facilities employ more than 250 persons or have gross annual sales or
expenditures exceeding $25,000,000 in second quarter 1980 dollars; or
2.
The delegation of authority to the representative is approved in advance by the
cabinet pursuant to this subsection;
(b)
For a partnership or sole proprietorship, a general partner or the proprietor,
respectively;
(c)
For a municipality, state, federal, or other public agency, a principal
executive officer or ranking elected official. The principal executive officer
of a federal agency includes the chief executive officer having responsibility
for the overall operation of a principal geographic unit of the agency; or
(d)
For the acid rain portion of a permit for an affected source, the designated
representative.
(211)
"Run" means the net period of time, either intermittent or continuous
within the limits of good engineering practice, when an emission sample is
collected.
(212)
"S" means at standard conditions.
(213)
"sec" means second.
(214)
"Secondary emissions" means emissions that:
(a)
Occur as a result of the construction or operation of a major stationary source
or major modification, and 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 vessel.
(215)
"Serious nonattainment county" or "serious nonattainment
area" means a county or portion of a county designated serious
nonattainment for the national ambient air quality standard for ozone.
(216)
"Severe nonattainment county" or "severe nonattainment
area" means a county or portion of a county designated severe nonattainment
for the national ambient air quality standard for ozone.
(217)
"Shutdown" means the cessation of an operation.
(218)
"Significant" means:
(a)
For 401 KAR 51:017, in reference to a net emissions increase or the potential
of a source to emit any of the pollutants listed in the following table, a rate
of emissions that would equal or exceed a corresponding rate listed in the
table:
POLLUTANT
EMISSIONS
RATE
Carbon
monoxide
100
tons per year (tpy)
Ozone
depleting substance
100
tpy
Nitrogen
oxides
40
tpy
Sulfur
dioxide
40
tpy
PM2.5
10
tpy direct, 40 tpy of sulfur dioxide or nitrogen oxides *
PM10
15
tpy
Particulate
matter
25
tpy
Ozone
40
tpy of volatile organic compounds or nitrogen oxides
Lead
0.6
tpy
Fluorides
3
tpy
Sulfuric
acid mist
7
tpy
Hydrogen
sulfide (H2S)
10
tpy
Total
reduced sulfur (including H2S)
10
tpy
Reduced
sulfur compounds (including H2S)
10
tpy
Municipal
waste combustor organics (measured as total tetra- through octa-chlorinated
dibenzo-p-dioxins and dibenzofurans)
3.2
x 10-6 megagrams per year (Mg/y) (3.5 x 10-6 tpy)
Municipal
waste combustor metals (measured as particulate matter)
14
Mg/y (15 tpy)
Municipal
waste combustor acid gases (measured as sulfur dioxide and hydrogen chloride)
36
Mg/y (40 tpy)
Municipal
solid waste landfill emissions (measured as nonmethane organic compounds)
45
Mg/y (50 tpy)
*Nitrogen
oxide emissions are evaluated unless demonstrated not to be a PM2.5
precursor pursuant to subsection (207)(a)1.c. of this section.
(b)
For 401 KAR 51:017, in reference to a net emissions increase or the potential
of a source to emit a regulated NSR pollutant that is not listed in the table
in paragraph (a) of this subsection, any emissions rate;
(c)
For 401 KAR 51:017, in reference to an emissions rate or a net emissions
increase associated with a major stationary source or major modification, that
is to be constructed within ten (10) kilometers of a Class I area, an impact on
that area equal to or greater than one (1) mg/m3 over
a twenty-four (24) hour average;
(d)
For 401 KAR 51:052, in reference to a net emissions increase or the potential
of a source to emit any of the pollutants listed in the following table, a rate
of emissions that would equal or exceed a corresponding rate listed in the
table:
POLLUTANT
EMISSIONS RATE
Carbon monoxide
100
tons per year (tpy)
Ozone depleting substance
100
tpy
Nitrogen oxides
40
tpy
Sulfur dioxide
40
tpy
PM2.5
10
tpy direct, 40 tpy of sulfur dioxide or nitrogen oxides *
PM10
15
tpy
Ozone
40
tpy of volatile organic compounds or nitrogen oxides
Lead
0.6
tpy
*Nitrogen
oxide emissions are evaluated unless demonstrated not to be a PM2.5
precursor pursuant to subsection (207)(b)2.c. of this section.
(e)
For 401 KAR 51:052, with the exception of the significant emissions rate for
ozone in this subsection, significant means, in reference to an emissions
increase or net emissions increase, a rate of emissions that exceeds the
following:
1.
Twenty-five (25) tons per year of volatile organic compounds or nitrogen oxides
in a serious or severe ozone nonattainment area; or
2.
An increase in actual emissions of volatile organic compounds or nitrogen
oxides in an extreme ozone nonattainment area; or
(f)
For 401 KAR 51:052, with the exception of the significant emissions rate for
carbon monoxide in this subsection, significant means, in reference to an
emissions increase or net emissions increase, a rate of emissions of carbon
monoxide that equals or exceeds fifty (50) tons per year in a serious
nonattainment area for carbon monoxide in which a stationary source contribute
significantly to carbon monoxide levels.
(219)
"Significant emissions increase" means, for a regulated NSR
pollutant, an increase in emissions that is equal to or greater than the
emission level that is significant for that pollutant.
(220)
"Significant emissions unit" means an emissions unit that emits or
has the potential to emit a PAL pollutant in an amount equal to or greater than
the applicable significant level as defined in subsection (218) of this section
or in 42 U.S.C. 7401 to 7671q, whichever is lower for that PAL pollutant, but
less than the amount that would qualify the unit as a major emissions unit.
(221)
"Small emissions unit" means an emissions unit that emits or has the
potential to emit the PAL pollutant in an amount less than the PAL pollutant's
applicable significant level as defied in subsection (218) of this section; or
in 42 U.S.C. 7401 to 7671q, whichever is lower.
(222)
"SO2" means sulfur dioxide.
(223)
"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.
(224)
"sq" means square.
(225)
"Stack or chimney" means a flue, conduit, or duct arranged to conduct
emissions to the atmosphere.
(226)
"Standard" means an emission standard, a standard of performance, or
an ambient air quality standard as promulgated in 401 KAR Chapters 50 to 65 or
the emission control requirements necessary to comply with 401 KAR Chapter 51.
(227)
"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); or
(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).
(228)
"Start-up" or "startup" means the setting in operation of
an affected facility.
(229)
"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.
(230)
"Stationary source" means a building, structure, facility, or installation
that emits or has the potential to emit a regulated NSR pollutant.
(231)
"Subject to regulation" is defined by 40 C.F.R. 51.166(b)(48).
(232)
"Submit" means to send or transmit a document, information, or
correspondence in accordance with an applicable requirement.
(233)
"TAPPI" means Technical Association of the Pulp and Paper Industry.
(234)
"Temporary clean coal technology demonstration project" is defined by
40 C.F.R. 51.166(b)(35).
(235)
"Ton" or "tonnage", for a NOx budget source, means a short
ton or 2,000 pounds. For determining compliance with the NOx budget emissions
limitation, total tons for a control period is calculated as the sum of all
recorded hourly emissions, or the tonnage equivalent of the recorded hourly
emissions rates, in accordance with 40 C.F.R. Part 96, Subpart H with any
remaining fraction of a ton equal to or greater than 0.50 ton deemed to equal
one (1) ton and any fraction of a ton less than 0.50 ton deemed to equal zero
tons.
(236)
"Total suspended particulates" or "TSP" means particulate
matter as measured by the method described in 40 C.F.R. Part 50, Appendix B.
(237)
"tpy" means tons per year.
(238)
"TSS" means total suspended solids.
(239)
"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.
(240)
"Unit" means a fossil fuel-fired stationary boiler, combustion
turbine, or combined cycle system.
(241)
"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 is
classified as urban for 401 KAR Chapters 50 to 65.
(242)
"Urbanized area" means an area defined by the U.S. Department of
Commerce, Bureau of Census.
(243)
"U.S. EPA" means the United States Environmental Protection Agency.
(244)
"UTM" means Universal Transverse Mercator.
(245)
"Visibility impairment" is defined by 40 C.F.R. 51.301.
(246)
"Volatile organic compound" or "VOC" is defined by 40
C.F.R. 51.100(s).
(247)
"yd" means yard.
Section
2. Incorporation by Reference. (1) The following material is incorporated by
reference:
(a)
"North American Industry Classification System", 2007, as published
by the Office of Management and Budget; and
(b)
"Standard Industrial Classification Manual", 1987, as published by
the Office of Management and Budget.
(2)
This material may be inspected, copied or obtained, subject to applicable
copyright law, at the following main and regional offices of the Kentucky
Division for Air Quality during the normal working hours of 8 a.m. to 4:30
p.m., local time:
(a)
Kentucky Division for Air Quality, 200 Fair Oaks Lane, 1st floor, Frankfort,
Kentucky 40601-1403, (502) 564-3999;
(b)
Ashland Regional Office, 1550 Wolohan Drive, Suite 1, Ashland, Kentucky 41102,
(606) 929-5285;
(c)
Bowling Green Regional Office, 1508 Westen Avenue, Bowling Green, Kentucky
42104, (270) 746-7475;
(d)
Florence Regional Office, 8020 Veterans Memorial Drive, Suite 110, Florence,
Kentucky 41042, (859) 525-4923;
(e)
Frankfort Regional Office, 200 Fair Oaks Lane, Third Floor, 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.
(3)
The Standard Industrial Classification Manual is also available under Order No.
PB 87-100012 from the National Technical Information Service, 5285 Port Royal
Road, Springfield, Virginia 22161, phone (703) 487-4650. (18 Ky.R. 2737; Am.
2930; 3335; eff. 6-24-1992; 21 Ky.R. 1757; 2137; eff. 4-6-1995; 22 Ky.R. 1691;
2014; eff. 6-6-1996; 25 Ky.R. 1442; eff. 4-14-1999; 27 Ky.R. 2557; 3270; 38
Ky.R. 367; eff. 8-15-2001; 29 Ky.R. 538; 1600; eff. 12-18-2002; 30 Ky.R. 2176;
2487; 31 Ky.R. 34; eff. 7-14-2004; 33 Ky.R. 197; eff. 11-8-2006; 36 Ky.R. 867;
1247; 1462; eff. 2-5-2010; 37 Ky.R. 452; Am. 1222; eff. 1-3-2011; 39 Ky.R. 113;
783; 971; eff. 12-7-2012; TAm eff. 9-16-2013.)
