2013 Kentucky Revised Statutes CHAPTER 77 - AIR POLLUTION CONTROL 77.195 Regulation of installations which may cause emission of air contaminants -- Issuance of permits -- Changes -- Submission of plans and specifications -- Exempted installations.
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77.195 Regulation of installations which may cause emission of air
contaminants -- Issuance of permits -- Changes -- Submission of plans
and specifications -- Exempted installations.
(1)
(2)
(3)
(4)
(5)
(6)
The air pollution control board may require by regulation that before any
person builds, erects, alters, replaces, operates, or uses any article, machine,
equipment, or other contrivance specified by the regulation the use of which
may cause the issuance of air contaminants, such person shall obtain a permit
to do so from the air pollution control officer. The regulation may include the
requirements of Title V of the Clean Air Act of 1963 as amended by the Clean
Air Act Amendments of 1990 and 40 C.F.R. Part 70 State Operating Permit
Programs.
The air pollution control board may require by regulation that it shall be
unlawful for any person to violate any requirement of a permit issued by the
district.
Insofar as the regulations do not grant an automatic permit for the operation of
any source required to be permitted under the Federal Clean Air Act of 1963,
as amended by the Clean Air Act Amendments of 1990, or under district
regulations which are in existence upon the effective date of the regulations, a
permit shall not be required without first affording the owner, operator, or user
thereof a reasonable time within which to apply for such permit, and to furnish
the air pollution control officer the information required pursuant to KRS
77.215.
This subsection shall not apply to sources required to have a permit before
construction or modification under the applicable requirements of district
regulations. In all other cases, if an applicant has submitted a timely and
complete application for a permit, including renewals, but final action has not
been taken on the application, the source's failure to have a permit shall not be
a violation concerning the activities to be covered by the permit unless the
delay in final action was due to the failure of the applicant to timely submit
information required or requested to process the application. No source
required to have a permit shall be in violation of district permit regulations
before the date on which the source may be required to submit an application.
Compliance with a permit issued in accordance with district regulations shall be
deemed compliance with any applicable requirements of this chapter and with
district regulations as of the date of permit issuance if:
(a) The applicable requirements are included and are specifically identified in
the permit; or
(b) The district, in acting on the permit application or revision, determines in
writing that other requirements specifically identified are not applicable to
the source, and the permit includes the determination or a concise
summary thereof.
The air pollution control district shall, by regulation, allow changes within a
permitted source or one operating pursuant to a timely application under
subsection (3) of this section, without requiring a permit revision, if the changes
are not modifications under any provision of Title I of the Federal Clean Air Act
of 1963 as amended by the Clean Air Act Amendments of 1990, and if the
changes do not exceed the emissions allowable under the permit, whether
(7)
(8)
(9)
expressed as a rate of emissions or in terms of total emission. The district may
allow these changes without a permit revision only if the facility provides the
United States Environmental Protection Agency and the district with written
notification as required by district regulations at least seven (7) days in
advance of the proposed changes, unless the district establishes, by
regulation, a different schedule for emergencies.
The air pollution control board may require that before the air pollution control
officer issues a permit to operate a source required to be permitted by district
regulations or by the Federal Clean Air Act of 1963 as amended by the Clean
Air Act Amendments of 1990, or issues a permit to build, erect, alter, or replace
any equipment, that the plans, specifications, and compliance plan show, and
that the permit issued by the air pollution control officer require, that the
building, erection, alteration, or replacement will be done in such a manner,
and that such approved equipment be used, as the air pollution control board
finds will eliminate or reduce the discharge of any air contaminants.
A permit shall not be required for:
(a) Any mobile equipment;
(b) Any structure designed for and used exclusively as a single
owner-occupied private residence. However, if a renovation, demolition,
or cleanup of a structure may cause a disturbance of asbestos material,
and:
1.
The structure is one (1) of a group of structures consisting of more
than one (1) structure under common control; or
2.
At the time of the renovation, demolition, or cleanup, the use of the
structure or the property is commercial or is not known,
then notice to the air pollution control officer shall be required and a
permit may be required depending on the amount of asbestos material
involved;
(c) Equipment used for agriculture operations in the growing of crops, or
raising of fowl or animals; or
(d) Repairs or maintenance not involving structural changes to any
equipment for which a permit has been granted. As used in this section,
maintenance does not include operation.
The air pollution control board shall not, by regulation, order, or other legally
enforceable means, require reductions in the emissions of oxides of nitrogen
beyond those that are necessary to meet the provisions of the Federal Clean
Air Act of 1963, as amended by the Clean Air Act Amendments of 1990, or
regulations or other requirements of the United States Environmental
Protection Agency, including, but not limited to, the requirements of Title I and
Title IV of the federal act, the requirements for reasonably available control
technology, and reductions that are submitted for inclusion in the Kentucky
state implementation plan for attainment of maintenance of a national ambient
air quality standard. This subsection shall not prohibit the air pollution control
board from requiring, by regulation, order, or other enforceable means, a
reduction in the emission of any other air contaminant that might have the
incidental effect of reducing emissions of oxides of nitrogen.
Effective:July 15, 1994
History: Amended 1994 Ky. Acts ch. 420, sec. 6, effective July 15, 1994. -Created 1952 Ky. Acts ch. 53, secs. 47, 48, and 49, effective March 14, 1952.
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