401 KAR 52:070 - Registration of air contaminant sources
RELATES TO: KRS 224.10-100, 224.20-100, 224.20-110, 224.20-120, 40 C.F.R. Parts 60, 61, and 63
NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100(5) authorizes the cabinet to promulgate administrative regulations for the prevention, abatement, and control of air pollution. This administrative regulation establishes the procedure for the registration of air contaminant sources in Kentucky.
Section 1. Applicability.
(1) This administrative regulation shall
apply to:
(a) A source that has the PTE:
1. Two (2) tpy or more but less than ten (10)
tpy of a HAP;
2. Five (5) tpy or
more but less than twenty-five (25) tpy of combined HAPs;
3. Ten (10) tpy or more but not more than
twenty-five (25) tpy of a regulated air pollutant subject to an applicable
requirement that does not specify the method for achieving
compliance;
4. Ten (10) tpy or more
but less than 100 tpy of a regulated air pollutant subject to an applicable
requirement that clearly specifies the method of compliance; or
5. Ten (10) tpy or more but less than 100
tons per year of a regulated air pollutant for which there is no applicable
requirement; or
(2) This administrative regulation shall not
apply to:
(a) A source required to be
permitted pursuant to
401 KAR 52:020,
401 KAR 52:030, or
401 KAR 52:040; or
(b) A source exempt pursuant to Section 2 of
this administrative regulation.
Section 2. Exemptions.
(1) The following sources shall be exempt
from this administrative regulation:
(a) A
source that emits only nonprocess fugitive emissions;
(b) A source subject only to the requirements
of
40 C.F.R.
60.530 to
60.539b,
(Subpart AAA), Standards of Performance for New Residential Wood
Heaters;
(c) A source subject only
to the requirements of
40 C.F.R.
60.5472 to
60.5483,
(Subpart QQQQ), Standards of Performance for New Residential Hydronic Heaters
and Forced-Air Furnaces; or
(d) A
sawmill that produces only rough-cut or dimensional lumber from logs and that
has a rated capacity of 5,000 board feet per hour or less, if the source does
not include an indirect heat exchanger or waste wood burner subject to an
applicable requirement in 40 C.F.R. Part 60 or 401 KAR Chapters 59 or
61.
(2) The following
activities shall be exempt from this administrative regulation:
(a) Use of a vehicle for the transportation
of passengers or freight;
(b) Use
of a publicly-owned road;
(c) An
asbestos demolition or renovation operation subject only to an applicable
requirement in 401 KAR Chapter 58;
(d) An open burning covered under
401 KAR 63:005;
or
(e) An activity or emission unit
contained in the List of Trivial Activities, which the cabinet shall maintain
and make available:
1. On request by calling
the Division for Air Quality, Permit Support Section, at (502) 564-3999;
and
2. On the Internet at:
http://air.ky.gov.
Section 3. General Provisions.
(1) A source subject to this administrative
regulation shall:
(a) Register with the
cabinet;
(b) Comply with all
applicable requirements; and
(c)
1. Allow an authorized representative of the
cabinet to enter the premises at all reasonable times to:
a. Access and copy any records required by
this administrative regulation;
b.
Inspect any facility, equipment (including air pollution control equipment),
practice, or operation; and
c.
Sample or monitor substances or parameters to determine compliance with
applicable requirements.
2. Reasonable times shall be:
a. During all hours of operation;
b. During normal office hours; or
c. During an emergency.
(2) A source that is
located in an ozone nonattainment area or ozone maintenance area that has the
potential to emit twenty-five (25) tpy or more of VOC or
NOx shall submit an annual emission certification as
follows:
(a) During the first quarter of each
calendar year, the cabinet shall survey the source to determine actual
emissions during the preceding calendar year and the source shall:
1. Make the appropriate additions or
corrections to the survey; and
2.
Return the updated survey to the cabinet within thirty (30) days of the date
that the survey is mailed to the source. For this response:
a. Each day past the deadline that a source
fails to submit the required information shall be a separate violation of this
administrative regulation; and
b. If
no response is received by the deadline, the cabinet shall estimate the actual
emissions based on prior history and other relevant information that is
available; and
(b) Failure of the cabinet to notify a source
under this subsection shall not relieve the source from the obligation to
submit an emissions statement.
(3) The cabinet may require registered
sources to demonstrate compliance with applicable requirements.
Section 4. When to Apply for
Registration.
(1) New sources. A source that
commences construction after the effective date of this administrative
regulation shall submit a complete application to the cabinet prior to
commencing construction.
(a) A source may
commence construction immediately upon submittal of a complete application, as
required by Section 7 of this administrative regulation.
(b) The cabinet shall review the application
and shall notify the source within sixty (60) days of receipt that:
1. A permit or registration is not
required;
2. The application as
submitted is accepted, and the source is a registered source; or
3. The source is required to obtain a permit
and is required to take the specified action.
(2) Existing registered sources. A source
that is registered with the cabinet and plans to reconstruct or modify shall
comply with the following:
(a) A source that
remains eligible for registration after the change:
1. Shall submit a complete application, as
established in Section 7 of this administrative regulation, to the cabinet
prior to commencing reconstruction or modification; and
2. May commence reconstruction or
modification immediately upon submittal of the complete application;
or
(b) A source that is
not eligible for registration after the change shall:
1. Submit a complete application pursuant to
401 KAR 52:020,
401 KAR 52:030, or
401 KAR 52:040, as applicable; and
2. Obtain the appropriate permit prior to
commencing reconstruction or modification.
Section 5. Application at the
Cabinet's Request.
(1) Upon request by the
cabinet, a source that has commenced construction or operation without a permit
or registration shall submit a complete application within thirty (30) days of
request.
(2) The cabinet shall
review the application and within sixty (60) days of receipt:
(a) Shall notify the source that a permit or
registration is not required; or
(b) If a permit or registration is required,
shall specify the action the source is required to take, and may issue a notice
of violation.
Section
6. Rescinding an Existing Permit.
(1) A source that has a permit and is
eligible for registration may request that the cabinet rescind its permit by
submitting:
(a) A complete application, as
established in Section 7 of this administrative regulation; and
(b) A letter requesting the cabinet to
rescind the permit, along with supporting documentation that provides evidence
that the source complies with the requirements for registration.
(2) The cabinet shall review the
request and shall notify the source within sixty (60) days of receipt that the
request is:
(a) Approved and the permit has
been rescinded; or
(b) Denied and
shall specify the reason for denial and any action the source is required to
take.
Section
7. How to Apply for Registration.
(1) Application shall be made using the
applicable forms DEP7007AI through DEP7007HH, incorporated by reference in
401 KAR 52:050.
(2) Complete applications shall be submitted
to the Kentucky Division for Air Quality, 300 Sower Boulevard, Frankfort,
Kentucky 40601.
Notes
STATUTORY AUTHORITY: KRS 224.10-100(5), 224.20-100, 224.20-110, 224.20-120.
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