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Contact Information:
Division for Air Quality
803 Schenkel Lane
Frankfort, KY 40601
(502) 573-3382
Or view the Department's Website
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KENTUCKY
DE MINIMIS EXEMPTIONS:
Units with a potential to emit less than 25 tons per year of each criteria pollutant are exempt from permitting.
State registration is required. In addition, every emitting source in the state is subject to emissions fees of
approximately $30 per ton for each criteria pollutant emitted.
MINOR SOURCE PERMITTING:
The state recently passed a new law that requires any proposed generating plants greater than 10 MW to go through
the public review board which is part of the Public Service Commission. Electric generating units must submit an
application to the public review board which has 120 days to make a decision. There are significant fees included
in this process and according to permitting officials companies are getting upset over the high cost of applying
for a permit (exact prices are not available at this time). Approval by the review board gives a company the right
to apply for a permit. Once approved an applicant must then go to the permitting department. The permitting department
has an opacity limit of 20%, will probably require modeling for any SO2-emitting units and is likely to require
controls on a case by case basis. In addition units must pay an annual permit fee of approximately $30 per ton
of actual emissions for each criteria pollutant. NOTE- sources smaller than 10 MW, but not exempted have the same
requirements, but can skip the public review board.
A public comment period is not required, but is very likely as there is so much interest in permitting at this
time. The period would last for 30 days. Not including the public review board or the public comment period the
permitting process is likely to take approximately 120 days. The public review board has 120 days.
MAJOR NSR/PSD PERMITTING:
A potential to emit 250 tons of any criteria pollutant triggers PSD. In the moderate ozone nonattainment area 100
tons triggers NSR.
TREATMENT OF EMERGENCY ENGINES:
The state has an exemption for units that are less than approximately 1 MMBtu/hr in size and that are only
operating during blackouts and maintenance. There is no hourly limit. State registration is required under this
exemption. Larger units are permitted through the normal process outlined above.
After intense debate in the 2002 General Assembly, Governor Patton signed into law
Senate Bill 257, which established criteria for the siting of electric power generating facilities. Senate Bill 257 set specific setback requirements from nursing homes, residential neighborhoods and churches. In addition, Senate Bill 257 requires a Siting Board review of proposed merchant projects, a Public Service Commission review of proposed merchant projects, a Public Service Commission review of proposed regulated utility projects and an assessment of the cumulative environmental impact of any new generation upon the Commonwealth's air, water and land.
More information can be found at the
Kentucky Board on Electric Generation Siting
"Merchant electric generating facility": means except for a qualifying cogeneration facility as defined in
subsection (7) of this section, an electricity generating plant, together with associated facilities, that:
a) Is capable of operating at a capacity of ten megawatts (10MW) or more; and
b) Sells the electricity it produces in the wholesale market, at rates and charges not regulated by the Public
Service Commission.
"Qualifying cogeneration facility": means a facility as defined in 16 U.S.C sec. 796(18)(b), which does not
exceed a capacity of one hundred fifty megawatts (150 MW), that is located on site at a manufacturer's plant and
that uses steam from the cogeneration facility in its manufacturing process.
Section 10
Except for a person that commenced construction of a facility prior to April 15, 2002, no person shall commence
to construct a facility to be used for the generation of electricity unless the person:
a) Submits a cumulative environmental assessment to the cabinet with the permit application; and
b) Remits a fee set pursuant to KRS 224.10-100(20) by the cabinet to defray the cost of processing
the cumulative environmental assessment.
Kentucky Office of Housing, Buildings, and Construction
The department is responsible for enforcing Kentucky's building and fire codes.
2007 Kentucky Building Code
International Code Council State Adoption Information Page
Provides an easy to use US map to locate state and local adoption of the International Code Council's model codes.
US DOE's Office of Building Technology, State and Community Programs, Building Codes Database
The US DOE's database provides a comprehensive look at a state's building code implementation and enforcement
process.
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