401 KAR 61:001. Definitions for 401
KAR Chapter 61.
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
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 61. The definitions contained in this administrative
regulation are neither more stringent nor otherwise different than the corresponding
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
(2) "Air contaminant" is
defined in KRS 224.1-010(1).
(3) "Air pollutant" means
an air contaminant.
(4) "Air pollution" is
defined in KRS 224.1-010(3).
(5) "Air pollution control
equipment" means a mechanism, device or contrivance used to control or
prevent air pollution, that is not, aside from air pollution control laws and
administrative regulations, vital to production of the normal product of the
source or to its normal operation.
(6) "Alteration" means:
(a) The installation or replacement
of air pollution control equipment at a source; or
(b) A physical change in or change in
the method of operation of an affected facility that increases the potential to
emit a pollutant (to which a standard applies) emitted by the facility or that results
in the emission of an air pollutant (to which a standard applies) not previously
(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
(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
(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
(20) "CH4" means
(21) "CO" means carbon monoxide.
(22) "CO2" means
(23) "COD" means chemical
(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
(27) "Continuous monitoring
system" means the total equipment, required under the applicable
administrative regulations used to sample, to condition (if applicable), to
analyze and to provide a permanent record of emissions or process parameters.
(28) "Design capacity"
means the maximum rate at which a unit was designed to be operated.
(29) "Director" means
Director of the Division for Air Quality of the Environmental and Public
(30) "District" is defined
in KRS 224.1-010(11).
(31) "dscf" means dry cubic
feet at standard conditions.
(32) "dscm" means dry cubic
meter at standard conditions.
(33) "Emission standard"
means that numerical limit 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.
(34) "Equivalent method"
means a method of sampling and analyzing for an air pollutant that has been
demonstrated to the cabinet's and the U.S. EPA's satisfaction to have a
consistent and quantitatively known relationship to the reference method, under
(35) "Exempt compound" or
"exempt solvent" means an organic compound listed in the definition
of volatile organic compound as not participating in atmospheric photochemical
(36) "Existing source"
means a source that is not a new source.
(37) "Extreme nonattainment
county" or "extreme nonattainment area" means a county or
portion of a county designated extreme nonattainment in 401 KAR 51:010.
(38) "°F" means degree Fahrenheit.
(39) "Fixed capital cost"
means the capital needed to provide all the depreciable components.
(40) "ft" means feet.
(41) "Fuel" means natural
gas, petroleum, coal, wood, or a form of solid, liquid, or gaseous fuel derived
from these materials for the purpose of creating useful heat.
(42) "Fugitive emissions"
means those emissions that could not reasonably pass through a stack, chimney,
vent, or functionally equivalent opening.
(43) "g" means gram.
(44) "gal" means gallon.
(45) "gr" means grain.
(46) "HCI" means
(47) "Hg" means mercury.
(48) "HF" means hydrogen
(49) "hr" means hour.
(50) "Hydrocarbon" means an
organic compound consisting predominantly of carbon and hydrogen.
(51) "H2O" means
(52) "H2S" means
means sulfuric acid.
(54) "in" means inch.
(55) "Incineration" means
the process of igniting and burning solid, semisolid, liquid, or gaseous
emissions" means emissions of particulate matter into the open air from a
process that operates for less than any six (6) consecutive minutes.
(57) "J" means joule.
(58) "Kg" means kilogram.
(59) "l" means liter.
(60) "lb" means pound.
(61) "m" means meter.
(62) "m3" means
(63) "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 or carbon monoxide.
(64) "Malfunction" means a
failure of air pollution control equipment, process equipment, or a process to
operate in a normal or usual manner that is not caused entirely or in part by
poor maintenance, careless operation, or other preventable equipment breakdown.
(65) "Marginal nonattainment
county" or "marginal nonattainment area" means a county or
portion of a county designated marginal nonattainment in 401 KAR 51:010.
(66) "mg" means microgram.
(67) "mg" means milligram.
(68) "min" means minute.
(69) "MJ" means megajoules.
(70) "mm" means millimeter.
(71) "MM" means million.
(72) "mo" means month.
(73) "Moderate nonattainment
county" or "moderate nonattainment area" means a county or
portion of a county designated moderate nonattainment in 401 KAR 51:010.
(74) "Modification" means
any physical change in, or change in the method of operation of, an affected
(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
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.
(75) "Monitoring device"
means the total equipment, required in applicable administrative regulations,
used to measure and record, if applicable,.
(76) "New source" means a
source, the construction, reconstruction, or modification of which commenced on
or after the classification date as defined in the applicable administrative
regulation irrespective of a change in emission rate.
(77) "Ng" means nanograms.
(78) "N2" means
(79) "Nitrogen oxides"
means all oxides of nitrogen except nitrous oxide, as measured by test methods
specified by the cabinet.
(80) "NO" means nitric
(81) "NO2" means
(82) "NOX" means
(83) "O2" means
(84) "O3" means
(85) "Opacity" means the
degree to which emissions reduce the transmission of light and obscure the view
of an object in the background.
(86) "Owner or operator"
means a person who owns, leases, operates, controls, or supervises an affected
facility or a source to which an affected facility is a part.
(87) "oz" means ounce.
(88) "Particulate matter"
means a material, except uncombined water, that exists in a finely divided form
as a liquid or a solid as measured by an approved test method.
(89) "Particulate matter emissions"
means, except as used in 40 C.F.R. Part 60, all finely divided solid or liquid
material, other than uncombined water, emitted to the ambient air as measured
by applicable reference methods, or an equivalent or alternative method specified
in 40 C.F.R. Chapter I, or by a test method specified in the approved state
(90) "Person" means an
individual, public or private corporation, political subdivision, government
agency, municipality, industry, copartnership, association, firm, trust,
estate, or other entity.
means particulate matter with an aerodynamic diameter less than or equal to a
nominal two-and-a-half (2.5) micrometers as measured by a reference method in
40 C.F.R. Part 50, Appendix L, and designated in accordance with 40 C.F.R. Part
53, or by an equivalent method designated in accordance with 40 C.F.R. Part 53.
(92) "PM10" means
particulate matter with an aerodynamic diameter less than or equal to a nominal
ten (10) micrometers as measured by a reference method in 40 C.F.R. Part 50,
Appendix J and designated in accordance with 40 C.F.R. Part 53, or by an
equivalent method designated in accordance with 40 C.F.R. Part 53.
emissions" means finely divided solid or liquid material with an
aerodynamic diameter less than or equal to a nominal ten (10) micrometers
emitted to the ambient air as measured by an applicable reference method, or an
equivalent or alternative method, specified in 40 C.F.R. Chapter I, or by a
test method specified in the approved state implementation plan.
(94) "Potential to emit" or
"PTE" means the maximum capacity of a stationary source to emit a
pollutant under its physical and operational design, and shall:
(a) Include air pollution control
equipment and restrictions on the hours of operation or on the type or amount
of material combusted, stored, or processed, if the limitation or its effect on
emissions is federally enforceable; and
(b) Not include secondary emissions.
(95) "ppb" means parts per
(96) "ppm" means parts per
(97) "ppm(w/w)" means parts
per million (weight by weight).
(98) "psia" means pounds
per square inch absolute.
(99) "psig" means pounds
per square inch gage.
means the replacement of components of an existing affected facility to the
(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 68.
(101) "Reference method"
means a method of sampling and analyzing for an air pollutant as published in 40
C.F.R. Part 50, Appendices A to N; 40 C.F.R. Part 53; 40 C.F.R. Part 60,
Appendices A and B; 40 C.F.R. Part 61, Appendix B; or 40 C.F.R. Part 63,
Appendices A to D.
(102) "Run" means the net
period of time, either intermittent or continuous within the limits of good
engineering practice, when an emission sample is collected.
(103) "S" means at standard
(104) "sec" means second.
(105) "Secondary emissions"
means emissions that:
(a)1. Occur as a result of the
construction or operation of a major stationary source or major modification;
2. Do not come from the major
stationary source or major modification itself;
(b) Are specific, well defined,
quantifiable, and impact the same general area as the stationary source
modification that causes the secondary emissions;
(c) Include emissions from an offsite
support facility that would not otherwise be constructed or increase its emissions
as a result of the construction or operation of the major stationary source or
major modification; and
(d) Do not include emissions that come
directly from a mobile source, including emissions from the tailpipe of a motor
vehicle, a train, or a vessel.
(106) "Serious nonattainment
county" or "serious nonattainment area" means a county or
portion of a county designated serious nonattainment in 401 KAR 51:010.
(107) "Severe nonattainment
county" or "severe nonattainment area" means a county or portion
of a county designated severe nonattainment in 401 KAR 51:010.
(108) "Shutdown" means the
cessation of an operation.
means sulfur dioxide.
(110) "Source" means one
(1) or more affected facilities contained within a given contiguous property
line, which means the property is separated only by a public thoroughfare,
stream, or other right of way.
(111) "sq" means square.
(112) "Stack or chimney"
means a flue, conduit, or duct arranged to conduct emissions to the atmosphere.
(113) "Standard" means an
emission standard, a standard of performance, or an ambient air quality
standard promulgated in the administrative regulations of the Division for Air
Quality or the emission control requirements necessary to comply with 401 KAR
Chapter 51 of the administrative regulations of the Division for Air Quality.
(114) "Standard conditions"
(a) For source measurements, means
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,
means twenty-five (25) degrees Celsius (seventy-seven (77) degrees Fahrenheit)
and a reference pressure of 760 mm Hg (29.92 in of Hg).
(115) "Start-up" means the
setting in operation of an affected facility.
(116) "State implementation
plan" or "SIP" means the most recently prepared plan or revision
required by 42 U.S.C. 7410 that has been approved by the U.S. EPA.
(117) "TAPPI" means
Technical Association of the Pulp and Paper Industry.
(118) "Total suspended
particulates" or "TSP" means particulate matter as measured by
the method described in 40 C.F.R. Part 50, Appendix B.
(119) "tpy" means ton per
(120) "TSS" means total
(121) "Uncombined water"
means water that can be separated from a compound by ordinary physical means
and that is not bound to a compound by internal molecular forces.
(122) "Urban county" means
a county that is a part of an urbanized area with a population greater than
200,000 based upon the 1980 census. When 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.
(123) "Urbanized area"
means an area defined by the U.S. Department of Commerce, Bureau of Census.
(124) "U.S. EPA" means
United States Environmental Protection Agency.
(125) "UTM" means Universal
(126) "Volatile organic
compound" or "VOC" is defined in 40 C.F.R. 51.100(s).
(127) "yd" means yard. (18 Ky.R. 2746; Am. 2950; 3354; eff. 6-24-92; 21
Ky.R. 1766; 2143; eff. 4-6-95; 22 Ky.R. 1699; 2018; eff. 6-6-96; 1450; 2848;
eff. 6-9-99; 33 Ky.R. 217; eff. 11-8-2006; TAm eff. 9-16-2013.)