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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

Relevant State
Sites:

Kentucky Public Service Commission

Kentucky Governor's Office of Energy Policy

Kentucky Board on Electric Generation Siting

Kentucky Air Quality Regulations

Major Utilities:

Kentucky Power (AEP)

Duke Energy (formerly Cinergy)

Louisville Gas/Electric Company

Select Another State

Specific Issues:

EMISSIONS REGULATIONS

GUIDE TO FEDERAL REGULATIONS

STATE ENVIRONMENTAL REGULATIONS

SITING REGULATIONS

EXIT FEES

STANDBY RATES

BUILDING, ZONING
AND FIRE CODES


AMMONIA ISSUES

REPORTING REQUIREMENTS

ECONOMIC INCENTIVES

KENTUCKY

Air Emissions Regulations | Siting Regulations | Regulatory Codes | Standby Rates

AIR EMISSIONS REGULATIONS:

Air Quality Status 1 area is in primary nonattainment for SO2
EPA's Nonattainment Areas
Major Source Threshold 250 tons of any criteria pollutant. 100 tons of NOx or VOCs in nonattainment area.
Minor Source Permitting Exemption PTE less than 25 tpy of each criteria pollutant
Minor Source Treatment State review board, opacity, modeling and case by case controls likely
Emergency Generating Limits 1 MMBtu/hr or less exempted

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.

SITING OF NON-UTILITY GENERATORS

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.

BUILDING, ZONING AND FIRE CODES:

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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