401 Ky. Admin. Regs. 53:010

Current through Register Vol. 51, No. 4, October 1, 2024
Section 401 KAR 53:010 - Ambient air quality standards

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

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

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 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. 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. 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.
Section 4. Appendix A. Ambient Air Quality Standards.

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 ng/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.

401 KAR 53:010

5 Ky.R. 376; 997; eff. 6-6-1979; 10 Ky.R. 432; eff. 3-1-1984; 14 Ky.R. 1621; eff. 4-14-1988; TAm eff. 8-9-2007; 42 Ky.R. 2830; 43 Ky.R. 22; eff. 7-19-2016; Crt eff. 9-12-2018.

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