Kentucky Administrative Regulation Chapter 63, entitled Air Quality: General Standards of Performance, is promulgated under the authority of the Division of Air Quality within the Energy and Environment Cabinet’s Department for Environmental Protection.
Chapter 63 adopts the National Emission Standards for Hazardous Air Pollutants (NESHAP) codified in 40 C.F.R. 63.1 through 63.56, 63.70 through 63.81, and 63.100 through 63.11434. Delegation of implementation and enforcement authority for the federal NESHAP program from the United States Environmental Protection Agency to the Commonwealth of Kentucky is provided under 42 U.S.C. 7412(l).
Reasonable precautions must be taken to prevent particulate matter from becoming airborne from any material handled, processed, transported, or stored; or from a building or its appurtenances to be constructed, altered, repaired, or demolished, or a road to be used.
When dust, fumes, gases, mist, odorous matter, vapors, or any combination escape from a building or equipment that cause a nuisance or violate any administrative regulation, the Secretary may order that the building or equipment in which processing, handling and storage are done be tightly closed and ventilated in such a way that all air and gases and air or gas-borne material leaving the building or equipment are treated by removal or destruction of air contaminants before discharge to the open air.
Persons responsible for a source from which hazardous matter or toxic substances may be emitted must provide the utmost care and consideration, in the handling of these materials, to the potentially harmful effects of the emissions resulting from such activities.
Facilities may not emit potentially hazardous matter or toxic substances in such quantities or duration as to be harmful to the health and welfare of humans, animals and plants. Evaluation of such facilities as to adequacy of controls and/or procedures and emission potential will be made on an individual basis by the cabinet.