Kentucky Fugitive Emissions: What you need to know

Governing Law and Regulations

New source performance standards (NSPS): 40 CFR 60 and 401 KAR 60:005

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National emissions standards for hazardous air pollutants (NESHAP): 401 KAR 57:002 and 401 KAR 63:002

Nuisance requirements: 401 Kentucky Administrative Regulations (KAR) 63:010

Fugitive particulate matter: 401 KAR 63:010

Regulatory Agencies

Kentucky Energy and Environment Cabinet Department for Environmental Protection (DEP) Division for Air Quality

Louisville Metro Air Pollution Control District

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Kentucky has incorporated by reference the federal NSPS and NESHAPs, which contain source-specific standards for the control of fugitive emissions. In addition, DEP has developed its own nuisance requirements and regulations for the control of fugitive particulate emissions.

Administration and enforcement. DEP's Division for Air Quality administers and enforces the state's fugitive emissions regulations. The Louisville Metro Air Pollution Control District administers and enforces air quality requirements within its jurisdiction.

State Requirements


401 KAR 63:010 Section 3(3)

Any dust, fumes, gases, mist, odorous matter, or vapors that escape from a building or equipment and cause a nuisance or violate any regulation may be subject to additional control requirements. DEP may order that the building or equipment be tightly closed and ventilated in such a way that all air, gases, and nuisance pollutants are removed or destroyed before being discharged to the open air.


401 KAR 63:010 Section 3(1), 401 KAR ...

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State Requirements

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Kentucky Fugitive Emissions Resources

Fugitive Emissions Products

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