KRS 224.10-280: Cumulative environmental assessment and fee required before

construction of facility for generating electricity -- Conditions imposed by

cabinet -- Administrative regulations.

(1) Except for a person that commenced construction of a facility prior to April 15,

2002, or that has received a certificate of public convenience and necessity from the

Public Service Commission 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.

(2) The person may submit and the cabinet may accept documentation of compliance

with the National Environmental Policy Act (NEPA) as satisfying the requirements

to file a cumulative environmental assessment under subsection (1) of this section.

(3) The cumulative e nvironmental assessment shall contain a description, with

appropriate analytical support, of:

(a) For air pollutants:

1. Types and quantities of air pollutants that will be emitted from the

facility; and

2. A description of the methods to be used to control those emissions;

(b) For water pollutants:

1. Types and quantities of water pollutants that will be discharged from the

facility into the waters of the Commonwealth; and

2. A description of the methods to be used to control those discharges;

(c) For wastes:

1. Types and quantities of wastes that will be generated by the facility; and

2. A description of the methods to be used to manage and dispose of such

wastes; and

(d) For water withdrawal:

1. Identification of the source and volume of anticipated water withdrawal

needed to support facility construction and operations; and

2. A description of the methods to be used for managing water usage and

withdrawal.

(4) The cabinet may impose such conditio ns regarding the timing, volume, duration, or

type of pollutants on a permit, registration, general permit, or permit -by-rule for a

facility subject to this section as are necessary to comply with applicable standards.

(5) The cabinet may promulgate administrative regulations to implement the provisions

of this section.