Air Permit Application Guide

This webpage is currently under construction, and information contained here has not yet been approved or authorized by the Division for Air Quality. Please contact the ECAP team at envhelp@ky.gov or (502) 782-6189 if you have any questions.

Air Permitting in Kentucky

The Clean Air Act requires air permits for industrial and commercial sources that release pollutants into the air. Air permits include information on which pollutants are being released, how much may be released, and what kinds of steps the source's owner or operator is required to take to reduce the pollution. Permits must include plans to measure and report air pollution emitted.

Sources requiring registration or an air permit must receive approval from the division before beginning construction. For general questions about air permitting, contact Michellea.McCloskey@ky.gov.

The Kentucky Division for Air Quality (DAQ) is responsible for air permitting in all counties except Jefferson. The Louisville Metro Air Pollution Control District is responsible for air permitting in Jefferson County.

Determine if You Need an Air Permit

Not every facility or business needs an air permit. Very small sources of regulated air pollutants may not be required to obtain a permit. However, some facilities may still need to register with the Division for Air Quality (DAQ) if their potential emissions meet certain thresholds or if they are subject to specific federal requirements. Registration requirements for designated sources are found in 401 KAR 52:070.

To learn more about permit and registration thresholds, see DAQ’s Kentucky Permitting/Registration Thresholds fact sheet. For help understanding and calculating Potential to Emit (PTE), visit ECAP’s “Potential to Emit” webpage.

What to Include in Your Air Permit Application Package

Air permit application packages should include all of the following documents.

Letter of Intent/Cover Letter

This should include:

A written description of the facility's operations that covers the process from raw material entry to final product exit. It should be consistent with the submitted process flow diagram (discussed below)
A list of applicable regulations
The requested permit type

DEP 7007 Forms

Forms can be found on DAQ's “Air Permitting Forms and Information" webpage, along with guidance documents for completing them.

Administrative Information: Form DEP 7007AI (signed by the Responsible Official)
Source Emissions Profile: Form DEP 7007N
Applicable Requirements and Compliance Activities: Form DEP 7007V (if applicable)
All other applicable DEP 7007 permit application forms

Supplemental Information

Potential to Emit (PTE) calculations for all emission sources, controlled and uncontrolled

Include references to emission factor sources, control efficiencies, and transfer efficiencies

Topographic map of facility location
Facility layout with buildings, equipment, and stack locations
Process flow diagram of the facility's operations, equipment, and controls. This should correspond to what is listed with your PTE calculations.
Equipment manufacturer specification sheets for emission sources and control equipment
Material Safety Data Sheets from exact proposed products (not “general" or “representative" products)
Kentucky Secretary of State Certificate of Authority

How to Submit an Air Permit Application

The preferred method for submitting your air permit application package is through EEC eForms. You will use Form ID 54: DAQ Permit Application.

For help with EEC eForms:

You may also mail your application package to DAQ using the address:

Division for Air Quality, 300 Sower Boulevard, Second Floor, Frankfort, KY 40601

Timeframes and Fees

Depending on the permit category, it may take between 60 and 255 days to receive an air permit after a complete application package is submitted. These timeframes are explained in the table below.

Permit Type	Regulatory Timeframe
Registration	60 days
Minor/State Origin	60 days (completeness check) 60 days (final permit issuance) = 120 days total
Conditional Major	60 days (completeness check) 60 days (draft issuance) 30 days (public comment) 60 days (final permit issuance) = 210 days total
Major/Title V; Prevention of Significant Deterioration (PSD)	60 days (completeness check) 60 days (draft issuance) 30 days (public comment) 45 days (EPA comment) 60 days (final permit issuance) = 255 days total *DAQ has up to 18 months after receipt of a complete application to issue a final Major Source Permit.

DAQ does not charge an application fee for air permits. However, annual emission fees may be applicable after a permit has been issued. Actual emission releases of up to 25 tons per year are assessed a flat fee of $150. Sources that emit 25 tons or more per year are charged on a per-ton basis.

Common Air Permitting Questions

Is everything mentioned in the checklist required?

Yes. To prevent delays, applicants must submit a completed application package; confirm that all forms, emission calculations, flow diagrams, supplemental information, etc., are consistent and complete before submittal. If the Cabinet issues a notice of deficiency, the regulatory review timeline will pause until the deficiencies are corrected. This can delay the issuance of an air quality permit.

What is the Confidentiality Business Information (CBI) procedure?

The Cabinet's procedure for handling CBI is outlined in 400 KAR 1:060. A confidentiality claim must be asserted every time any confidential business information is submitted to the Cabinet. CBI materials must be sent by mail and cannot be submitted through EEC eForms.

I need help with DEP 7007N.

PTE calculations are needed for an air permit application to determine the maximum possible emissions from a facility, which establishes the permit type, regulatory requirements, and applicable emission limits. More guidance can be found on ECAP's "Potenial to Emit" webpage.

Can someone help walk me through this process?

Yes! Check out ECAP's "Small Business Services" webpage to see if you qualify for detailed help from our team. If your facility does not qualify as a small business, the Kentucky Pollution Prevention Center (KPPC) maintains a consultant directory of companies that provide a variety of environmental management services.