{"data":{"id":"us-ky/krs-77.195","jurisdiction":"us-ky","citation":"KRS 77.195","heading":"Regulation of installations which may cause emission of air contaminants --","body":"Issuance of permits -- Changes -- Submission of plans and specifications --\nExempted installations.\n(1) The air pollution control board may require by regulation that before an y person\nbuilds, erects, alters, replaces, operates, or uses any article, machine, equipment, or\nother contrivance specified by the regulation the use of which may cause the\nissuance of air contaminants, such person shall obtain a permit to do so from the air\npollution control officer. The regulation may include the requirements of Title V of\nthe Clean Air Act of 1963 as amended by the Clean Air Act Amendments of 1990\nand 40 C.F.R. Part 70 State Operating Permit Programs.\n(2) The air pollution control board  may require by regulation that it shall be unlawful\nfor any person to violate any requirement of a permit issued by the district.\n(3) Insofar as the regulations do not grant an automatic permit for the operation of any\nsource required to be permitted unde r the Federal Clean Air Act of 1963, as\namended by the Clean Air Act Amendments of 1990, or under district regulations\nwhich are in existence upon the effective date of the regulations, a permit shall not\nbe required without first affording the owner, oper ator, or user thereof a reasonable\ntime within which to apply for such permit, and to furnish the air pollution control\nofficer the information required pursuant to KRS 77.215.\n(4) This subsection shall not apply to sources required to have a permit before\nconstruction or modification under the applicable requirements of district\nregulations. In all other cases, if an applicant has submitted a timely and complete\napplication for a permit, including renewals, but final action has not been taken on\nthe applic ation, the source's failure to have a permit shall not be a violation\nconcerning the activities to be covered by the permit unless the delay in final action\nwas due to the failure of the applicant to timely submit information required or\nrequested to process the application. No source required to have a permit shall be in\nviolation of district permit regulations before the date on which the source may be\nrequired to submit an application.\n(5) Compliance with a permit issued in accordance with district regul ations shall be\ndeemed compliance with any applicable requirements of this chapter and with\ndistrict regulations as of the date of permit issuance if:\n(a) The applicable requirements are included and are specifically identified in the\npermit; or\n(b) The di strict, in acting on the permit application or revision, determines in\nwriting that other requirements specifically identified are not applicable to the\nsource, and the permit includes the determination or a concise summary\nthereof.\n(6) The air pollution c ontrol district shall, by regulation, allow changes within a\npermitted source or one operating pursuant to a timely application under subsection\n(3) of this section, without requiring a permit revision, if the changes are not\nmodifications under any provision of Title I of the Federal Clean Air Act of 1963 as\namended by the Clean Air Act Amendments of 1990, and if the changes do not\nexceed the emissions allowable under the permit, whether expressed as a rate of\nemissions or in terms of total emission. The d istrict may allow these changes\nwithout a permit revision only if the facility provides the United States\nEnvironmental Protection Agency and the district with written notification as\nrequired by district regulations at least seven (7) days in advance of t he proposed\nchanges, unless the district establishes, by regulation, a different schedule for\nemergencies.\n(7) The air pollution control board may require that before the air pollution control\nofficer issues a permit to operate a source required to be perm itted by district\nregulations or by the Federal Clean Air Act of 1963 as amended by the Clean Air\nAct Amendments of 1990, or issues a permit to build, erect, alter, or replace any\nequipment, that the plans, specifications, and compliance plan show, and tha t the\npermit issued by the air pollution control officer require, that the building, erection,\nalteration, or replacement will be done in such a manner, and that such approved\nequipment be used, as the air pollution control board finds will eliminate or re duce\nthe discharge of any air contaminants.\n(8) A permit shall not be required for:\n(a) Any mobile equipment;\n(b) Any structure designed for and used exclusively as a single owner -occupied\nprivate residence. However, if a renovation, demolition, or cleanup  of a\nstructure may cause a disturbance of asbestos material, and:\n1. The structure is one (1) of a group of structures consisting of more than\none (1) structure under common control; or\n2. At the time of the renovation, demolition, or cleanup, the use of the\nstructure or the property is commercial or is not known,\nthen notice to the air pollution control officer shall be required and a permit\nmay be required depending on the amount of asbestos material involved;\n(c) Equipment used for agriculture operations in the growing of crops, or raising\nof fowl or animals; or\n(d) Repairs or maintenance not involving structural changes to any equipment for\nwhich a permit has been granted. As used in thi s section, maintenance does\nnot include operation.\n(9) The air pollution control board shall not, by regulation, order, or other legally\nenforceable means, require reductions in the emissions of oxides of nitrogen beyond\nthose that are necessary to meet th e provisions of the Federal Clean Air Act of\n1963, as amended by the Clean Air Act Amendments of 1990, or regulations or\nother requirements of the United States Environmental Protection Agency,\nincluding, but not limited to, the requirements of Title I and  Title IV of the federal\nact, the requirements for reasonably available control technology, and reductions\nthat are submitted for inclusion in the Kentucky state implementation plan for\nattainment of maintenance of a national ambient air quality standard. This\nsubsection shall not prohibit the air pollution control board from requiring, by\nregulation, order, or other enforceable means, a reduction in the emission of any\nother air contaminant that might have the incidental effect of reducing emissions of\noxides of nitrogen.","path":["KRS Chapter 77"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=24640","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:37Z","sha256":"6985cb78265869288059c0f0770dd1faa38fb2ae0ca38ec595ef7b794ee128bf","source_id":"us-ky","stale":false,"prev":"us-ky/krs-77.192","next":"us-ky/krs-77.200"},"notice":"GroundRules: Original legal text. Not legal advice."}