Kentucky New Source Review regulations & environmental compliance analysis

Kentucky New Source Review : What you need to know

Governing Law and Regulations

Construction permits: 401 Kentucky Administrative Regulations (KAR) 52:030, 401 KAR 52:040, and 401 KAR 52:070

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

Nonattainment areas: 40 CFR 81.318

Permitting requirements: 401 KAR 51:052

Prevention of Significant Deterioration (PSD): 401 KAR 51:001 and 401 KAR 51:017

Regulatory Agencies

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

Louisville Metro Air Pollution Control District

U.S. Environmental Protection Agency (EPA) Region 4

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Kentucky requires sources with the potential to emit (PTE) above registration thresholds to either register or apply for and obtain a construction permit before beginning construction of a new source or modifying an existing source. New major sources or modifications to existing major sources must comply with the applicable provisions of nonattainment New Source Review (NSR) and/or Prevention of Significant Deterioration (PSD) depending on the attainment status of the area where the source is located and the type and quantity of air pollutants emitted.

Kentucky currently has areas that are in nonattainment of one or more of the National Ambient Air Quality Standards (NAAQS). The provisions of nonattainment NSR apply to new major sources or major modifications in those areas, while PSD requirements apply to attainment areas. Kentucky administers state implementation plan (SIP)-approved nonattainment NSR and PSD programs. Therefore, the provisions of federal nonattainment NSR, PSD, and any amendments are not effective in Kentucky until a SIP revision ...

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