Kentucky Resources Council, Inc.
Post Office Box 1070
Frankfort, Kentucky 40602
(502) 875-2428 phone (502) 875-2845 fax
June 29, 2003
Allan Elliott By email only
Division for Air
803 Schenkel Lane
Frankfort, Kentucky 40601
Re: Draft Title V/Synthetic Minor Permit
Kentucky Energy Project, LLC
Plant ID 021-155-00051
Dear Mr. Elliot:
These comments are submitted by the Kentucky Resources Council, Inc. concerning the draft Title V/Synthetic Minor Permit for construction and operation of an electric generating facility at 501 Teays Branch Road in Paintsville, Kentucky, employing "used oil" as a fuel source in order to produce "peaking" power for sale on a merchant basis.
In reviewing the proposed permit, it was not apparent that any constraints have been placed on the source(s), composition and nature of contaminants contained in the "used oil." In order to assure that the chemical and physical composition of the fuel and the fate and transport of such constituents during combustion is fully understood, and that appropriate constraints are imposed to prevent emission of regulated hazardous air pollutants or air toxics in violation of 401 KAR 63:020, the Council suggests that appropriate inquiry be made and conditions imposed to assure compliance with all applicable regulations. Specifically, the Council suggests:
1. The term "used oil" be defined in the permit in order to clarify the acceptable sources and types of oil, and to prevent inadvertent acceptance and use of oils that could pose a threat to the environment and thus be considered as hazardous wastes.
EPA defines used oil as oils refined from crude or synthetic oils that have been used and as a result have been contaminated by physical or chemical impurities. Certain oils are excluded from EPA's definition of used oil and should likewise be excluded from use by the facility absent compliance with hazardous waste regulations for TSD facilities; including products such as antifreeze and petroleum distillates used as solvents.
2. A full characterization of the fuel and the fate, including partitioning and transport, of any toxics or hazardous air pollutants, must be provided, and limitations imposed both in fuel composition, combustion conditions and control equipment, to prevent emission of toxic air pollutants in harmful quantities (401 KAR 63:020).
Used oil may contain any number of constituents of concern, including arsenic, cadmium, chromium, lead, PCBs and halogens. The used oil must be properly characterized, and appropriate constraints imposed to prevent emissions that may compromise control equipment or result in releases of HAPs or air toxics of concern.
Thank you for your consideration of these comments.