401 Kar 61:001. Definitions For 401 Kar Chapter 61

Link to law: http://www.lrc.ky.gov/kar/401/061/001.htm
Published: 2015

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      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

224.10-100(5)

      NECESSITY, FUNCTION, AND CONFORMITY:

KRS 224.10-100(5) requires the Environmental and Public Protection Cabinet to

promulgate administrative regulations for the prevention, abatement, and

control of air pollution. This administrative regulation defines the terms used

in 401 KAR Chapter 61. The definitions contained in this administrative

regulation are neither more stringent nor otherwise different than the corresponding

federal definitions.

 

      Section 1. Definitions. (1) "Affected

facility" means an apparatus, building, operation, road, or other entity

or series of entities that emits or may emit an air contaminant into the

outdoor atmosphere.

      (2) "Air contaminant" is

defined in KRS 224.1-010(1).

      (3) "Air pollutant" means

an air contaminant.

      (4) "Air pollution" is

defined in KRS 224.1-010(3).

      (5) "Air pollution control

equipment" means a mechanism, device or contrivance used to control or

prevent air pollution, that is not, aside from air pollution control laws and

administrative regulations, vital to production of the normal product of the

source or to its normal operation.

      (6) "Alteration" means:

      (a) The installation or replacement

of air pollution control equipment at a source; or

      (b) A physical change in or change in

the method of operation of an affected facility that increases the potential to

emit a pollutant (to which a standard applies) emitted by the facility or that results

in the emission of an air pollutant (to which a standard applies) not previously

emitted.

      (7) "Alternative method"

means a method of sampling and analyzing for an air pollutant that is not a

reference method or equivalent method and has been demonstrated to the

cabinet's and the U.S. EPA's satisfaction to produce adequate results for its determination

of compliance.

      (8) "Ambient air" means

that portion of the atmosphere, external to buildings, to which the general

public has access.

      (9) "Ambient air quality

standard" means a numerical expression of a specified concentration level

for a particular air contaminant and the time averaging interval over which

that concentration level is measured and is a goal to be achieved in a stated

time through the application of appropriate preventive or control measures.

      (10) "AOAC" means

Association of Official Analytical Chemists.

      (11) "ANSI" means American

National Standards Institute.

      (12) "ASTM" means American

Society for Testing and Materials.

      (13) "BOD" means

biochemical oxidant demand.

      (14) "BTU" means British

Thermal Unit.

      (15) "°C" means degree Celsius (centigrade).

      (16) "Cabinet" is defined

in KRS 224.1-010(9).

      (17) "Cal" means calorie.

      (18) "Capital expenditure"

is defined in 40 C.F.R. 60.2

      (19) "cfm" means cubic feet

per minute.

      (20) "CH4" means

methane.

      (21) "CO" means carbon monoxide.

      (22) "CO2" means

carbon dioxide.

      (23) "COD" means chemical

oxidant demand.

      (24) "Commence" means that

an owner or operator has undertaken a continuous program of construction,

modification, or reconstruction of an affected facility, or that an owner or

operator has entered into a contractual obligation to undertake and complete,

within a reasonable time, a continuous program of construction, modification,

or reconstruction of an affected facility.

      (25) "Compliance schedule"

means a time schedule of remedial measures including an enforceable sequence of

actions or operations leading to compliance with a limitation or standard.

      (26) "Construction" means

fabrication, erection, installation or modification of an air contaminant

source.

      (27) "Continuous monitoring

system" means the total equipment, required under the applicable

administrative regulations used to sample, to condition (if applicable), to

analyze and to provide a permanent record of emissions or process parameters.

      (28) "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

Protection Cabinet.

      (30) "District" is defined

in KRS 224.1-010(11).

      (31) "dscf" means dry cubic

feet at standard conditions.

      (32) "dscm" means dry cubic

meter at standard conditions.

      (33) "Emission standard"

means that numerical limit 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

specified conditions.

      (35) "Exempt compound" or

"exempt solvent" means an organic compound listed in the definition

of volatile organic compound as not participating in atmospheric photochemical

reactions.

      (36) "Existing source"

means a source that is not a new source.

      (37) "Extreme nonattainment

county" or "extreme nonattainment area" means a county or

portion of a county designated extreme nonattainment in 401 KAR 51:010.

      (38) "°F" means degree Fahrenheit.

      (39) "Fixed capital cost"

means the capital needed to provide all the depreciable components.

      (40) "ft" means feet.

      (41) "Fuel" means natural

gas, petroleum, coal, wood, or a form of solid, liquid, or gaseous fuel derived

from these materials for the purpose of creating useful heat.

      (42) "Fugitive emissions"

means those emissions that could not reasonably pass through a stack, chimney,

vent, or functionally equivalent opening.

      (43) "g" means gram.

      (44) "gal" means gallon.

      (45) "gr" means grain.

      (46) "HCI" means

hydrochloric acid.

      (47) "Hg" means mercury.

      (48) "HF" means hydrogen

fluoride.

      (49) "hr" means hour.

      (50) "Hydrocarbon" means an

organic compound consisting predominantly of carbon and hydrogen.

      (51) "H2O" means

water.

      (52) "H2S" means

hydrogen sulfide.

      (53) "H2SO4"

means sulfuric acid.

      (54) "in" means inch.

      (55) "Incineration" means

the process of igniting and burning solid, semisolid, liquid, or gaseous

combustible wastes.

      (56) "Intermittent

emissions" means emissions of particulate matter into the open air from a

process that operates for less than any six (6) consecutive minutes.

      (57) "J" means joule.

      (58) "Kg" means kilogram.

      (59) "l" means liter.

      (60) "lb" means pound.

      (61) "m" means meter.

      (62) "m3" means

cubic meter.

      (63) "Major source" means a

source with a potential emission rate 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

facility that:

      (a) Increases the amount of an air

pollutant (to which a standard applies) emitted into the atmosphere by that

facility or that results in the emission of an air pollutant (to which a

standard applies) into the atmosphere not previously emitted; and

      (b) is not solely:

      1. Maintenance, repair, and

replacement that the cabinet determines to be routine for a source category;

      2. An increase in production rate of

an affected facility, if that increase can be accomplished without a capital

expenditure on that facility;

      3. An increase in the hours of

operation;

      4. Use of an alternative fuel or raw

material if, prior to the date a standard becomes applicable to that source

type, the affected facility was designed to accommodate that alternative use. A

facility shall be considered to be designed to accommodate an alternative fuel

or raw material if that use could be accomplished under the facility's construction

specifications as amended prior to the change.

      5. Conversion to coal required for

energy considerations, as specified in 42 U.S.C. 7411(a)(8);

      6. The addition or use of a system or

device the primary function of which is the reduction of air pollutants, except

if an emission control system is removed or is replaced by a system that the

cabinet determines to be less environmentally beneficial; or

      7. The relocation or change in

ownership of an existing facility.

      (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

nitrogen.

      (79) "Nitrogen oxides"

means all oxides of nitrogen except nitrous oxide, as measured by test methods

specified by the cabinet.

      (80) "NO" means nitric

oxide.

      (81) "NO2" means

nitrogen dioxide.

      (82) "NOX" means

nitrogen oxides.

      (83) "O2" means

oxygen.

      (84) "O3" means

ozone.

      (85) "Opacity" means the

degree to which emissions reduce the transmission of light and obscure the view

of an object in the background.

      (86) "Owner or operator"

means a person who owns, leases, operates, controls, or supervises an affected

facility or a source to which an affected facility is a part.

      (87) "oz" means ounce.

      (88) "Particulate matter"

means a material, except uncombined water, that exists in a finely divided form

as a liquid or a solid as measured by an approved test method.

      (89) "Particulate matter emissions"

means, except as used in 40 C.F.R. Part 60, all finely divided solid or liquid

material, other than uncombined water, emitted to the ambient air as measured

by applicable reference methods, or an equivalent or alternative method specified

in 40 C.F.R. Chapter I, or by a test method specified in the approved state

implementation plan.

      (90) "Person" means an

individual, public or private corporation, political subdivision, government

agency, municipality, industry, copartnership, association, firm, trust,

estate, or other entity.

      (91) "PM2.5"

means particulate matter with an aerodynamic diameter less than or equal to a

nominal two-and-a-half (2.5) micrometers as measured by a reference method in

40 C.F.R. Part 50, Appendix L, and designated in accordance with 40 C.F.R. Part

53, or by an equivalent method designated in accordance with 40 C.F.R. Part 53.

      (92) "PM10" means

particulate matter with an aerodynamic diameter less than or equal to a nominal

ten (10) micrometers as measured by a reference method in 40 C.F.R. Part 50,

Appendix J and designated in accordance with 40 C.F.R. Part 53, or by an

equivalent method designated in accordance with 40 C.F.R. Part 53.

      (93) "PM10

emissions" means finely divided solid or liquid material with an

aerodynamic diameter less than or equal to a nominal ten (10) micrometers

emitted to the ambient air as measured by an applicable reference method, or an

equivalent or alternative method, specified in 40 C.F.R. Chapter I, or by a

test method specified in the approved state implementation plan.

      (94) "Potential to emit" or

"PTE" means the maximum capacity of a stationary source to emit a

pollutant under its physical and operational design, and shall:

      (a) Include air pollution control

equipment and restrictions on the hours of operation or on the type or amount

of material combusted, stored, or processed, if the limitation or its effect on

emissions is federally enforceable; and

      (b) Not include secondary emissions.

      (95) "ppb" means parts per

billion.

      (96) "ppm" means parts per

million.

      (97) "ppm(w/w)" means parts

per million (weight by weight).

      (98) "psia" means pounds

per square inch absolute.

      (99) "psig" means pounds

per square inch gage.

      (100) "Reconstruction"

means the replacement of components of an existing affected facility to the

extent that:

      (a) The fixed capital cost of the new

components exceeds fifty (50) percent of the fixed capital cost that would be

required to construct a comparable entirely new affected facility;

      (b) The estimated life of the

affected facility after the replacement exceeds fifty (50) percent of the life

of a comparable entirely new affected facility;

      (c) The components being replaced

cause or contribute to the emissions from the affected facility; and

      (d) It is technologically and economically

feasible to meet the applicable requirements of 401 KAR Chapters 50 to 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

conditions.

      (104) "sec" means second.

      (105) "Secondary emissions"

means emissions that:

      (a)1. Occur as a result of the

construction or operation of a major stationary source or major modification;

and

      2. Do not come from the major

stationary source or major modification itself;

      (b) Are specific, well defined,

quantifiable, and impact the same general area as the stationary source

modification that causes the secondary emissions;

      (c) Include emissions from an offsite

support facility that would not otherwise be constructed or increase its emissions

as a result of the construction or operation of the major stationary source or

major modification; and

      (d) Do not include emissions that come

directly from a mobile source, including emissions from the tailpipe of a motor

vehicle, a train, or a vessel.

      (106) "Serious nonattainment

county" or "serious nonattainment area" means a county or

portion of a county designated serious nonattainment in 401 KAR 51:010.

      (107) "Severe nonattainment

county" or "severe nonattainment area" means a county or portion

of a county designated severe nonattainment in 401 KAR 51:010.

      (108) "Shutdown" means the

cessation of an operation.

      (109) "SO2"

means sulfur dioxide.

      (110) "Source" means one

(1) or more affected facilities contained within a given contiguous property

line, which means the property is separated only by a public thoroughfare,

stream, or other right of way.

      (111) "sq" means square.

      (112) "Stack or chimney"

means a flue, conduit, or duct arranged to conduct emissions to the atmosphere.

      (113) "Standard" means an

emission standard, a standard of performance, or an ambient air quality

standard promulgated in the administrative regulations of the Division for Air

Quality or the emission control requirements necessary to comply with 401 KAR

Chapter 51 of the administrative regulations of the Division for Air Quality.

      (114) "Standard conditions"

means:

      (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

year.

      (120) "TSS" means total

suspended solids.

      (121) "Uncombined water"

means water that can be separated from a compound by ordinary physical means

and that is not bound to a compound by internal molecular forces.

      (122) "Urban county" means

a county that is a part of an urbanized area with a population greater than

200,000 based upon the 1980 census. 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

Transverse Mercator.

      (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.)