401 KAR 53:010reg. Ambient air quality standards

      Section 1. Ambient Air Quality Standards. The primary and secondary ambient air quality standards for sulfur oxides, particulate matter, carbon monoxide, ozone, nitrogen dioxide, lead, hydrogen sulfide, gaseous fluorides, total fluorides, and odors are specified in Appendix A of this administrative regulation. Measurements shall[will] be made by methods and frequency specified in Section 2 of this administrative regulation.

 

      Section 2. Methods of Measurement. For those air contaminants for which there are state ambient air quality standards that are the same as the national ambient air quality standards, measurements shall be made in accordance with 40 C.F.R. Parts 50 and 53[according to reference methods, or their equivalent methods]. For other air contaminants for which there are state ambient air quality standards, measurements shall be made according to this administrative regulation, reference methods, or equivalent methods[established in 401 KAR 50:015, this administrative regulation, or as prescribed by the cabinet]. The frequency of measurements for all air contaminants shall be prescribed by the cabinet, in accordance with 40 C.F.R. Parts 50 and 53, 401 KAR 50:015, or this administrative regulation.

 

      Section 3. Within sixty (60) days of promulgation or revision of any primary or secondary ambient air quality standard by the U.S. EPA, the cabinet shall initiate proceedings to promulgate or review this administrative regulation in conformance with the federal ambient air quality standards. 

APPENDIX A TO 401 KAR 53:010 AMBIENT AIR QUALITY STANDARDS The following air contaminant concentrations shall apply to any single point location:
Pollutant	Primary Standard	Secondary Standard
Carbon Monoxide Eight (8) hour average One (1) hour average	9 ppm(1) (10 mg/m3) 35 ppm(1) (40 mg/m3)	-- --
Lead Rolling three (3) month mean	0.15 μg/m3	Same as primary
Nitrogen Dioxide       Annual arithmetic mean         One (1) hour average	53 ppb (100 mg/m3)(2) 100 ppb	Same as primary --
Ozone       One (1) hour average       Eight (8) hour average              2015 standard             2008 standard             1997 standard	0.12 ppm(3)   0.070 ppm 0.075 ppm 0.08 ppm(4)	Same as primary(3)   Same as primary Same as primary Same as primary(4)
Particulate Matter, measured as PM10       Twenty-four (24) hour average	150 μg/m3	Same as primary
Particulate Matter, measured as PM2.5       Annual arithmetic mean             2012 standard             2006 standard             1997 standard       Twenty-four (24) hour average             2012 standard             2006 standard             1997 standard	12.0 μg/m3 15.0 μg/m3 15.0 μg/m3     35 μg/m3 35 μg/m3 65 μg/m3	(5) Same as primary Same as primary       (5) Same as primary Same as primary
Sulfur Dioxide       Annual arithmetic mean       One (1) hour average       Three (3) hour average       Twenty-four (24) hour average	0.030 ppm(1)(6) 75 ppb -- 0.14 ppm(1)(6)	-- -- 0.5 ppm(1) --
Gaseous Fluorides - (expressed as HF)       Annual arithmetic mean         One (1) month average         One (1) week average         Twenty-four (24) hour average         Twelve (12) hour average	400 μg/m3 (0.5 ppm)   --   --   800 μg/m3(1) (1.0 ppm)   --	--   0.82 μg/m(1) (1.00 ppb)   1.64 μg/m3(1) (2.00 ppb)   2.86 μg/m3(1) (3.50 ppb)     3.68 μg/m3(1) (4.50 ppb)
Hydrogen Sulfide       One (1) hour average	--	14 μg/m3(1) (0.01 ppm)
Odors	--	A mixture of one (1) volume of ambient air and seven (7) volumes of odorless air shall have no detectable odor at any time.
Total Fluorides Dry weight basis (as fluoride ion) in and on forage for consumption by grazing ruminants:   Average concentration of monthly samples over growing season (not to exceed six (6) consecutive months)         Two (2) month average         One (1) month average	--     --   --	40 ppm     60 ppm   80 ppm

Footnotes:

¹ Average is not to be exceeded more than once per calendar year.

² The official level of the annual NO₂ standard is 0.053 ppm, equal to fifty-three (53) ppb, which is shown for the purpose of clearer comparison to the one (1) hour standard.

³ The U.S. Environmental Protection Agency revoked the one (1) hour ozone standard in all areas in 2005. However, some areas have continuing obligations under the standard.

⁴ The U.S. Environmental Protection Agency revoked the 1997 eight (8) hour ozone standard in 2015. However, some areas have continuing obligations under the standard.

⁵ The secondary ambient air quality standard was not adjusted from the previously established standard.

⁶ The 1971 sulfur dioxide standards remain in effect until one (1) year after an area is designated for the 2010 standard, except that in areas designated nonattainment for the 1971 standards, the 1971 standards remain in effect until implementation plans to attain or maintain the 2010 standards are approved, in accordance with 40 C.F.R. Part 52, Subpart S.

 

APPENDIX A TO 401 KAR 53:010 AMBIENT AIR QUALITY STANDARDS
The following air contaminant concentrations shall apply at any single point location:
CONTAMINANT	PRIMARY STANDARD	SECONDARY STANDARD
Sulfur Oxides (Sulfur Dioxide) mg/m3 Annual Arithmetic Mean, not to exceed Maximum Twenty-Four-Hour Average Maximum Three-Hour Average	80 (0.03 ppm) 365 (0.14 ppm)1 --	-- -- 1300 (0.50 ppm)1
Particulate Matter, measured as PM10 - mg/m3 Annual Arithmetic Mean, not to exceed Maximum Twenty-Four-Hour Average	502 1503	502 1503
Carbon Monoxide - mg/m3 Maximum Eight-Hour Average Maximum One-Hour Average	10 (9 ppm)1 40 (35 ppm)1	Same as primary Same as primary
Ozone - mg/m3 Maximum Average	235 (0.12 ppm)4	Same as primary
Nitrogen Dioxide - mg/m3 Annual Arithmetic Mean, not to exceed	100 (0.05 ppm)	Same as primary
Lead - mg/m3 Maximum Arithmetic Mean averaged over a calendar quarter	1.5	Same as primary
Hydrogen Sulfide - mg/m3 Maximum One-Hour Average	--	14 (0.01 ppm)1
Gaseous Fluorides - (expressed as HF) - mg/m3 Annual Arithmetic Mean, not to exceed Maximum One-Month Average Maximum One-Week Average Maximum Twenty-Four-Hour Average Maximum Twelve-Hour Average	400 (0.5 ppm) -- -- 800 (1.0 ppm)1 --	-- 0.82 (1.00 ppb)1 1.64 (2.00 ppb)1 2.86 (3.50 ppb)1 3.68 (4.50 ppb)1
Total Fluorides - ppm Dry weight basis (as fluoride ion) in and on forage for consumption by grazing ruminants The following concentrations are not to be exceeded: Average concentration of monthly samples over growing season (not to exceed 6 consecutive months) Two-Month Average One-Month Average	-- -- --	40 ppm (w/w) 60 ppm (w/w) 80 ppm (w/w)
Odors		At any time when 1 volume unit of ambient air is mixed with 7 volume units of odorless air, the mixture must have no detectable odor.

Footnotes:

¹This average is not to be exceeded more than once per year.

²The standard is attained when the expected annual arithmetic mean concentration, as determined in accordance with Appendix K to 40 C.F.R. 50, is less than or equal to fifty (50) mg/m³.

³The standard is attained when the expected number of days per calendar year with a twenty-four (24) hour average concentration above 150 mg/m³, as determined in accordance with Appendix K of 40 C.F.R. 50, is equal to or less than one (1).

⁴The standard is attained when the expected number of days per calendar year with maximum hourly average concentrations above 0.12 ppm (235 mg/m³) is equal to or less than one (1), as determined by Appendix H of 40 C.F.R. 50.]

 

CHARLES G. SNAVELY, Secretary

      APPROVED BY AGENCY: April 14, 2016

      FILED WITH LRC: April 14, 2016 at 11 a.m.

      CONTACT PERSON: Cassandra Jobe, Policy Analyst, Division for Air Quality, 200 Fair Oaks Lane, 1st Floor, Frankfort, Kentucky 40601, phone [phone], fax [phone], email [e-mail].

Notation

      RELATES TO: KRS 224.20-100, 224.20-110, 224.20-120, 40 C.F.R. Parts 50, 51, 52, 53, 58, 75, 81, 42 U.S.C. 7401-7671q

      STATUTORY AUTHORITY: KRS 224.10-100(5), 42 U.S.C. 7401-7671q

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100(5) requires the [Environmental and Public Protection] cabinet to promulgate[prescribe] administrative regulations for the prevention, abatement, and control of air pollution. This administrative regulation establishes[is to fix] ambient air quality standards necessary for the protection of the public health, the general welfare, and the property and people in the[this] Commonwealth of Kentucky.