KRS 224.20-110: Air pollution in violation of standards and rules prohibited -- Basis of

compliance and enforcement -- Cabinet to promulgate administrative

regulations to implement federal statute relating to alternative emission

limitations.

(1) No person shall, directly or indirectly, emit into or discharge into the air under the

jurisdiction of the Commonwealth, or cause, permit, or allow to be emitted or

discharged into such air any contaminants as provided for in subsection (1) of KRS

224.1-010 that s hall cause or contribute to the pollution of the air of the

Commonwealth in contravention of the emission standards or the ambient air

standards adopted by the cabinet, or in contravention of any of the rules,

regulations, or orders of the cabinet, or in c ontravention of any of the provisions of

this chapter.

(2) (a) For purposes of enforcing compliance with the applicable requirements of this

chapter, the administrative regulations promulgated thereunder, or any

requirement of the federal Clean Air Act, 42 U.S.C. sec. 7401 et seq., for

which the cabinet has primary enforcement authority, an enforcement action

alleging violations or noncompliance shall be based on:

1. A data collection method, emissions test, or monitoring method that has

been approved or pr omulgated by the United States Environmental

Protection Agency; or

2. A method or test that produces scientifically defensible and quality -

assured data that is accepted by the United States Environmental

Protection Agency for enforcement purposes.

(b) Any data collected using a method that does not meet the requirements of

paragraph (a) of this subsection shall not be admissible or considered in any

enforcement proceeding initiated by the cabinet or a private citizen.

(3) For the purpose of fostering willing compliance with the emission standards and the

ambient air standards adopted by the cabinet, the cabinet shall promulgate and

implement administrative regulations which give effect to 42 U.S.C. sec.

7412(i)(5), relating to alternative emission limitations allowed for early reduction of

emissions. The program established by this subsection shall be conducted strictly in

accordance with the federal law.