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AN ACT relating to air quality monitoring. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 77.155 is amended to read as follows: 3
(1) A person shall not, nor shall an agent or employee of a person, nor shall a person as 4
agent or employee of another, discharge into the atmosphere from any single source 5
of emission whatsoever, any air contaminant in quantities and for a period or 6
periods in excess of applicable emission standards established by regulation by the 7
air pollution control board. Exceeding these standards shall constitute a rebuttable 8
presumption of violation of this section. 9
(2) A person shall not, nor shall an agent or employee of a person, nor shall a person as 10
agent or employee of another, discharge from any source whatsoever such 11
quantities of air contaminants or other material which cause injury, detriment, 12
nuisance, or annoyance to any considerable number of persons or to the public or 13
which endanger the comfort, repose, health, or safety of any such persons or the 14
public or which cause or have a natural tendency to cause injury or damage to 15
business or property. The board shall have power, by regulation, to fix reasonable 16
limits, by weight or otherwise, for particular air contaminants or other material 17
which in the opinion of said board may cause or have tendency to cause injury, 18
detriment, nuisance, or annoyance to any considerable number of persons or to the 19
public. Exceeding such limits shall be a rebuttable presumption of violation of this 20
section. 21
(3) (a) For purposes of enforcing compliance with the applicable requirements of 22
this chapter, the administrative regulations promulgated thereunder, or any 23
requirement of the federal Clean Air Act, 42 U.S.C. sec. 7401 et seq., for 24
which the air pollution control board has primary enforcement authority, 25
an enforcement action alleging violations or noncompliance shall be based 26
on: 27 UNOFFICIAL COPY 25 RS HB 137/GA
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1. A data collection method, emissions test, or monitoring method that 1
has been approved or promulgated by the United States 2
Environmental Protection Agency; or 3
2. A method or test that produces scientifically defensible and quality-4
assured data that is accepted by the United States Environmental 5
Protection Agency for enforcement purposes. 6
(b) Any data collected using a method that does not meet the requirements of 7
paragraph (a) of this subsection shall not be admissible or considered in 8
any enforcement proceeding initiated by the air pollution control board, an 9
air pollution control officer, or a private citizen. 10
Section 2. KRS 77.160 is amended to read as follows: 11
The provisions of KRS 77.155(1) and (2) shall not be applicable: 12
(1) To buildings used exclusively for single owner-occupied private residences. 13
However, the provisions of KRS 77.155 shall be fully effective and applicable if a 14
renovation, demolition, or cleanup of a building may cause a disturbance of 15
asbestos material and: 16
(a) The building is one (1) of a group of buildings consisting of more than one (1) 17
building under common control; or 18
(b) At the time of the renovation, demolition, or cleanup, the use of the building 19
or the property is commercial or is not known. To all larger residential 20
buildings of whatever type, KRS 77.155 shall be effective and applicable; 21
(2) When a firebox, furnace, boiler, locomotive, or other fuel-consuming device is 22
being cleaned out and a new fire is being built therein, in which event a smoke of a 23
density as great or greater than that established by regulation by the air pollution 24
control board shall be permitted for a period not to exceed six (6) minutes in any 25
single period of sixty (60) minutes; 26
(3) To equipment used for agricultural operations in the growing of crops, or raising of 27 UNOFFICIAL COPY 25 RS HB 137/GA
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fowl or animals; 1
(4) To smoke from fires set by or permitted by any public officer if such fire is set or 2
permission given in the performance of the official duty of such officer for the 3
purpose of weed abatement, the prevention of a fire or health hazard, or the 4
instruction of public employees in the methods of fighting fire, which is, in the 5
opinion of such officer, necessary. 6
Section 3. KRS 224.20-110 is amended to read as follows: 7
(1) No person shall, directly or indirectly, emit into or discharge into the air under the 8
jurisdiction of the Commonwealth, or cause, permit, or allow to be emitted or 9
discharged into such air any contaminants as provided for in subsection (1) of KRS 10
224.1-010 that shall cause or contribute to the pollution of the air of the 11
Commonwealth in contravention of the emission standards or the ambient air 12
standards adopted by the cabinet, or in contravention of any of the rules, 13
regulations, or orders of the cabinet, or in contravention of any of the provisions of 14
this chapter. 15
(2) (a) For purposes of enforcing compliance with the applicable requirements of 16
this chapter, the administrative regulations promulgated thereunder, or any 17
requirement of the federal Clean Air Act, 42 U.S.C. sec. 7401 et seq., for 18
which the cabinet has primary enforcement authority, an enforcement 19
action alleging violations or noncompliance shall be based on: 20
1. A data collection method, emissions test, or monitoring method that 21
has been approved or promulgated by the United States 22
Environmental Protection Agency; or 23
2. A method or test that produces scientifically defensible and quality-24
assured data that is accepted by the United States Environmental 25
Protection Agency for enforcement purposes. 26
(b) Any data collected using a method that does not meet the requirements of 27 UNOFFICIAL COPY 25 RS HB 137/GA
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paragraph (a) of this subsection shall not be admissible or considered in 1
any enforcement proceeding initiated by the cabinet or a private citizen. 2
(3) For the purpose of fostering willing compliance with the emission standards and the 3
ambient air standards adopted by the cabinet, the cabinet shall promulgate and 4
implement administrative regulations which give effect to 42 U.S.C. sec.[ Section] 5
7412(i)(5)[ of Title 42, United States Code], relating to alternative emission 6
limitations allowed for early reduction of emissions. The program established by 7
this subsection shall be conducted strictly in accordance with the federal law. 8