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| Summary | Fire Marshal | Water | Air | Emergency Response | Hazardous Waste |
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Kentucky Air Quality Act Kentucky has adopted the federal Clean Air Act requirements and has federal delegation of authority to implement that program. Click here for a link to the full text of KRS 224 Subchapter 20 on air quality and select sections of Kentucky's regulatory program at 401 KAR Chapter 50 - General Administrative Procedures, 401 KAR Chapter 59 - New Source Standards, 401 KAR Chapter 60 - New Source Performance Standards, 401 KAR Chapter 61 - Existing Source Standards, and 401 KAR Chapter 63 - General Standards of Performance. Kentucky's program includes requirements for: (1) permitting; and (2) operating standards. Select sections of 401 KAR Chapters 50, 59, and 63 are discussed below. The sections of 401 KAR Chapters 60 and 61 which are included as links from this site generally apply to older facilities which commenced operation prior to defined classification dates of July 23, 1984 or older.
Permit Requirements Owners and operators of air pollution sources that are major sources, and certain minor sources, must apply for a permit with the Natural Resources and Environmental Protection Cabinet. Permit specifications are located at 401 KAR 50:034 and 401 KAR 50:035. The application must contain certain emissions related information, information regarding air pollution control equipment, and a compliance plan and schedule, among other items. If issued, the permit will contain criteria for: emission limitations and standards, permit duration, monitoring and analysis procedures or test methods required, requirements covering the use, maintenance, and installation of monitoring equipment or methods, and record keeping requirements. Whether or not an AST owner is required to obtain a permit will depend on the amount of pollutants that may be discharged and the nature of the pollutant.
Operation Requirements
New Storage Vessels for Petroleum Liquids
The regulation regarding new storage vessels for petroleum liquids provides criteria for the operation of the ASTs located at a facility. Click here to access the full text of 401 KAR 59:050, which governs operating requirements for new storage vessels for petroleum liquids. For facilities commenced after July 24, 1984, this regulation only applies to certain tanks that are located in a nonattainment area for ozone or are part of a major source of volatile organic compounds. The Kentucky regulations define a "major source" as a source with a potential emission rate equal to or greater than 100 tons per year of certain pollutants. If this regulation does apply to an AST owner's new facility, the tanks must comply with certain operating and monitoring requirements. These requirements include: vents; floating roof tanks; no visible holes or tears; and covers, lids and seals over openings.
New Oil-effluent Water Separators Kentucky regulations also impose standards for operation of oil-water separators located in a nonattainment area for ozone or that are part of a major source of volatile organic compounds. Click here for a link to the full text of 401 KAR 59:095. If required to comply with this regulation, the oil-water separator must be equipped with a floating roof, a vapor recovery system, or other equivalent. All gauging and sampling devices must be gastight except when gauging and sampling are taking place.
Bulk Gasoline Plants 401 KAR 59:101 applies specifically to bulk gasoline plants. Similar to the Kentucky regulation for petroleum vessels, this regulation only applies to plants located in a nonattainment area for ozone or plants that are part of a major source. If the regulation does apply, an AST owner must install, maintain, and operate certain equipment including: stationary tank control devices, a vapor balance system, and a submerged fill tube system or bottom-fill system for loading transport vehicles. In addition, procedures must be followed for loading and unloading tank vehicles with regard to closure of hatches and pressure.
Volatile Organic Liquid Storage Vessels (including petroleum liquid storage vessels) 401 KAR 59:485 incorporates the federal requirements contained in 40 C.F.R. 60, Subpart Kb for new volatile organic liquid storage vessels,. This subpart applies to facilities with a storage capacity greater than or equal to 40 cubic meters that are used to store volatile organic liquids and are constructed after July 23, 1984.
Gasoline Tank Trucks Kentucky regulations require facilities which load gasoline in gasoline tank trucks and which are located in a county designated ozone nonattainment to comply with operating standards, unless the facility is subject to equivalent regulations of a local air pollution control district. Click here for a link to the full text of 401 KAR 63:031. These standards include compliance with vapor tightness requirements, displaying a valid sticker on all trucks, and monitoring potential leak sources.
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