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Air Permit Revision Guide For Existing Permits

​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​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.​​​

​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​What​ is an Air Permit Revision?​​

Business plans and operations can change over time to meet customer needs or site conditions. Before making changes at your facility, it is important to determine whether the changes require you to notify the Division for Air Quality (DAQ) or obtain approval before making them.

An air permit revision is a change, amendment, or modification to an existing air permit.

When to Apply for a Permit Revision

To avoid potential delays, facilities seeking to make a change to their permit should notify DAQ as early as possible and provide as much information about the proposed change possible.​

Examples of changes that may require a formal revision application package include:

  • Addition or removal of process equipment
  • Changes in production, such as expansions or increases in throughput
  • Changes to the materials used in operations, such as solvents, paints, and blasting materials

​​Administrative Amendments

Changes that do not affect facility operations and do not trigger procedural requirements may be considered administrative amendments.​ Such amendments only require formal notice to DAQ, not a full revision application package. Examples include:

  • Updating contact information
  • Increasing monitoring or reporting frequency
  • Adding an insignificant activity
  • Correcting a typological error
  • Changing facility ownership or operational control.​​

Air Permit Revision Considerations

Air permits authorize a facility to operate at the process rates identified in the air permit application. A facility may need to limit production until it reviews the appropriate steps for updating its air permit based on the existing permit type.

In some cases​, reducing operations may allow a facility to qualify for a less rigorous permit type, such as changing from a Title V permit to a Conditional Major permit with operational limits.

It is important to regularly review your facility’s operations to ensure that your existing air permit accurately reflects current and planned activities.​

Before making operational changes, always calculate your updated potential to emit (PTE) and confirm that you have the appropriate construction authority. Taking these steps can help ensure that your facility remains in compliance with applicable air quality regulations.​

Temporary​​ "Like-for-Like” Equipment Replacement​

For a temporary “like-for-like” equipment replacement, DAQ generally does not require a full permit revision if the replacement equipment is identical and does not increase emissions. However, the facility must notify DAQ before the equipment is replaced.

Notification requirements are as follows:

  • Title V permit holders: Notify DAQ at least 8 days before the equipment replacement.
  • Conditional Major and State-Origin permit holders: Notify DAQ at least 10 days before the equipment replacement.

Temporary equipment replacements are limited to 6 months.

Facilities are encouraged to contact their local DAQ Regional Office before making any like-for-like equipment change. The Regional Office can provide guidance on the steps needed to ensure the change complies with the facility’s air permit.​

Revision Guidance and Construction Authority

Kentucky air permit changes are grouped by permit type and revision category below. Expand each section to learn which requirements apply, what information or documentation must be submitted to DAQ, and when construction may begin or the change may take effect.​​​

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​​​Disclaimer

Information on this page does not supersede any guidance given by the Kentucky Division for Air Quality (DAQ). Questions or requests for assistance should be directed to DAQ's Permit Review Branch or the Compliance Assistance Program (ECAP).​​

​​​Contact the ECAP team ​at envhelp@ky.gov​ or (502) 782-6189.​​​​

​

​Revision Type​​​​

​Qualifying Criteria

Application/Notification Requirements

​When can construction begin?​​

Regulation

Will remain eligible for Registration status

Modifications where total potential emissions continue to fall below​:

  • 10 tpy of a HAP
  • 25 tpy of combined HAPs
  • 25 tpy of a non-hazardous RAP

  1. De​​scription of the change.
  2. Applicable air permitting forms.
  3. Changes in emissions (if applicable).
  4. Certification by RO.

After a complete revision application package has been submitted to DAQ.

Facilities are encouraged to wait for a letter of agreement from DAQ – usually sent within​ 60 days of receiving the application.

401 KAR​ 52:070(4)
2(a)​

Will need to apply for an air permit

Modifications where total potential emissions will increase to at least:

  • 10 tpy of a HAP
  • 25 tpy of combined HAPs
  • 25 tpy of a non-hazardous RAP
  1. Description of the change.
  2. Applicable air permitting forms.
  3. Changes in emissions.
  4. Certification by RO.

​After DAQ issues the new perm​it.

2(b)​​​​​​​​​​​
​​​​​​​​​

​Revision Type​​​​

​Qualifying Criteria

Application/Notification​ Requirements

​When can construction begin?​​

​Regulation​​

Section 12 Change

  • New construction,
  • ​Reconstruction of the facility, or
  • Modifications where total potential emissions will increase by at least:

    • 2.5 tp​y of a HAP
    • 7.5 tpy of combined HAPs
    • 25 tpy of a non-hazardous RAP
  1. De​​scription of the change.
  2. Applicable air permitting forms.
  3. Changes in emissions.
  4. Certification by RO.

After DAQ issues the revised permit.

401 KAR​ 52:0​40
12

Section 13 Change

Modifications where total potential emissions will increase less than:

  • 2.5 tpy of a HAP
  • 7.5 tpy of combined HAPs
  • 25 tpy of a non-hazardous RAP
  1. Description of the change.
  2. Applicable air permitting forms.
  3. Changes in emissions (if applicable).
  4. Certification by RO.

​After a complete revision application package has been submitted to DAQ.

Facilities are encouraged to verify Section 13 revision status with DAQ before beginning construction.

13​​​​​

​

​Revision Type​​​​

​Qualifying Criteria

Application/Notification Should Include​

​When can construction begin?​​

Regulation

​Minor

  • Not violate any applicable requirements.
  • Not a significant change to monitoring, reporting, or recordkeeping.
  • Not require a case-by-case emission limit.
  • Not intended to avoid federal requirements.
  • Not a Title I modification*.
  1. Description of the change. 
  2. Changes in emissions. 
  3. New requirements that will apply after the change​​.
  4. Applicable DEP7007 forms.
  5. ​A suggested draft permit showing only information that is new or different from the existing ​permit.​
  6. Certification by RO that changes meet criteria of a minor change. ​

​After a complete revision application package has been submitted to DAQ.

401 KAR​ 52:0​30​​
14

​Significant

  • Changes that involve significant changes in monitoring.
  • Reduce reporting and/or recordkeeping requirements. 
  • Changes that do not fall qualify as administrative or minor.
  1. Description of the change. 
  2. Emissions resulting from the change. 
  3. Any new applicable requirements that will apply if the change occurs.
  4. Applicable DEP7007 forms.
  5. Information to determine applicable requirements and if the source is in compliance with those requirements.

​After DAQ issues the revised permit.

​16

​Off-Permit Changes

  • Not considered a Title 1 modification*.
  • Not violate terms or conditions of current permit. 
  • Meet all applicable requirements.
  1. ​Description of the change.
  2. Date on when change will occur. 
  3. Changes in emissions or pollutants as a result of the change. 
  4. Applicable changes in requirements.​

Seven business days after submitting the notification to DAQ.

Off-permit changes to an Insignificant Activity do not require notification to DAQ.

​17(1)

​502(b)(10) Changes

  • Not considered a Title 1 modification*.
  • Do not exceed emissions allowed under current permit.​
  1. Description of the change. 
  2. Date on when change will occur. 
  3. Changes in emissions as a result. 
  4. Any permit term or condition that will no longer be applicable.​

Seven business days after submitting a notification to DAQ.

​17(2)​​​​​​​​​​​​​​​

*Title I modification: Any change that would meet the definition of “modification” under NSPS, MACT, or major New Source Review. This includes project accounting (step 1) and netting (step 2), where emission reductions are used to avoid PSD by offsetting emission increases.
​

​Revision Ty​​pe​​

​Qualifying Criteria

Application/Notification Requirements

​When can construction begin?​​

​Regulation​

​​Minor
  • ​Not violate any applicable requirements.
  • Not a significant change to monitoring, reporting, or recordkeeping.
  • Not require a case-by-case emission limit.
  • Not intended to avoid federal requirements.​
  • Not a Title I modification*.
  1. ​Description of the change.
  2. Applicable DEP7007 forms.
  3. Changes in emissions if applicable.
  4. Listing of any new requirements that will apply after the revision.
  5. Source’s suggested draft permit conditions.
  6. Certification by a RO that changes meet criteria of a ​​minor change.

​​After a complete application package has been submitted.

401 KAR​ 52:0​2​​0

​14

​Significant

  • ​Changes that are not allowed by other Sections.
  • Cause significant changes in monitoring.
  • Reduce reporting and/or recordkeeping.
  1. Description of the change.
  2. Emissions resulting from the change.
  3. Any new applicable requirements that will apply if the change occurs.
  4. Information to determine applicable requirements.
  5. Information to determine if source is in compliance with applicable requirements.

After DAQ issues the revised permit.

​16

​Off-Permit Changes

  • ​Not violate terms or conditions of current permit.
  • Meet all applicable requirements.​
  1. ​Description of the change.
  2. Date change will occur.
  3. Notification of any change in emissions, pollutants, or requirements that will apply after the change.

​Seven business days after submitting a notification to DAQ.

​17

​502(b)(10) Changes

  • ​​Not violate any applicable requirements to
  • Include enforceable monitoring, recordkeeping, or reporting.
  • Not considered a Title I modification*.
  • Not change any emission limits.
  1. ​​Description of the change.
  2. Date change will occur.
  3. Notification of any change in emissions, pollutants, or requirements that will apply after the revision.
  4. Responsible official certification.
​Seven business days after submitting a notification to DAQ.​

​​18​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​

*Title I modification: Any change that would meet the definition of “modification” under NSPS, MACT, or major New Source Review. This includes project accounting (step 1) and netting (step 2), where emission reductions are used to avoid PSD by offsetting emission increases.​

Submit​​ an Air Permit Revision Application

The preferred method for submitting your air permit revision application package is through EEC eForms. You will use Form ID 54: DAQ Permit Application Electronic Submittal.​ Once the revision application is successfully submitted, a verification email containing the time and date of the submission will be sent automatically. You may wish to save a copy of the verification email for your personal records.

For help with EEC eForms:

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

Kentucky Division for Air Quality, Permit Review Branch, 300 Sower Blvd., 2nd Floor, Frankfort KY 40601.​​​

Note: Permit application packages that contain co​nfidential business information (CBI) should not be submitted via EEC eForms. CBI submitted through EEC eForms is part of the public record and cannot be protected.​​

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