KRS 77.155: Prohibited emission of air contaminants -- Basis of compliance and

enforcement.

(1) A person shall not, nor shall an agent or employee of a person, nor shall a person as

agent or employee of another, discharge into the atmosphere from any sing le source

of emission whatsoever, any air contaminant in quantities and for a period or

periods in excess of applicable emission standards established by regulation by the

air pollution control board. Exceeding these standards shall constitute a rebuttable

presumption of violation of this section.

(2) A person shall not, nor shall an agent or employee of a person, nor shall a person as

agent or employee of another, discharge from any source whatsoever such

quantities of air contaminants or other material wh ich cause injury, detriment,

nuisance, or annoyance to any considerable number of persons or to the public or

which endanger the comfort, repose, health, or safety of any such persons or the

public or which cause or have a natural tendency to cause injury or damage to

business or property. The board shall have power, by regulation, to fix reasonable

limits, by weight or otherwise, for particular air contaminants or other material

which in the opinion of said board may cause or have tendency to cause injury,

detriment, nuisance, or annoyance to any considerable number of persons or to the

public. Exceeding such limits shall be a rebuttable presumption of violation of this

section.

(3) (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 air pollution control board 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 promulgated by the United States Environmental

Protection Agency; or

2. A method or test that produces scientificall y 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 air pollution control board, an air

pollution control officer, or a private citizen.