Kentucky Air Permitting regulations & environmental compliance analysis

Kentucky Air Permitting: What you need to know

Governing Law and Regulations

Construction permits: 401 Kentucky Administrative Regulations (KAR) 52:070 and 401 KAR 52:040

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Registration: 401 KAR 52:070

State-origin permits: 401 KAR 52:040

Major source construction permits: 401 KAR 51:052 and 401 KAR 51:017

Nonattainment New Source Review (NSR) permits: 401 KAR 51:052

Prevention of Significant Deterioration (PSD) permits: 401 KAR 51:017

Operating permits:

State-origin permits: 401 KAR 52:040

Major source operating permits:

Title V operating permits: 401 KAR 52:020

Synthetic minor operating permits: 401 KAR 52:030

Other permitting considerations:

Hot mix asphalt plants: 401 KAR 52:090

Public participation: 401 KAR 52:100

Start-up, shutdown, and malfunction: 401 KAR 50:055

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 is authorized by the U.S. Environmental Protection Agency (EPA) to administer its own air emissions permit program. Kentucky requires new and modified sources of air pollution emitting pollutants above certain thresholds to be permitted, unless they qualify for a specific exemption. The state permit authorizes the construction and operation of the applicable source. Major sources must comply with nonattainment NSR and/or PSD construction permitting requirements that follow the federal standards. Major sources must also comply with the operating permit requirements under the Title V program, which also follows the federal provisions. In addition, DEP has adopted ...

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