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Kentucky Air Law Update - August 8, 2017

Kentucky Regulatory Amendments

No updates have been filed since the last edition of the Air Quality Letter; however, revisions to 401 KAR 59:015 and 61:015 are expected in the near future.  Also, updated permit application forms pursuant to 401 KAR 52:050 are expected to be filed in the fall.

Federal Updates

Since the last edition of the Air Quality Letter, EPA has taken a number of actions regarding Kentucky submittals.

April 7, 2017
EPA finalized redesignation of the portion of Kentucky that is within the five-state Louisville, Kentucky – Indiana fine particulate matter (PM2.5) nonattainment area to attainment for the 1997 annual PM2.5 National Ambient Air Quality Standards (NAAQS) and to approve a maintenance plan for the area.  See 82 Fed. Reg. 16943 (April 7, 2017).

May 1, 2017
EPA proposed to redesignate the Kentucky portion of the tri-state Cincinnati-Hamilton County, Ohio-Kentucky-Indiana 2008 8-Hour Ozone Nonattainment Area to attainment.  EPA also proposed to approve Kentucky’s base year emissions inventory for the Kentucky portion of the area, to approve Kentucky’s plan for maintaining attainment of the 2008 8-Hour Ozone NAAQS in the area, including motor vehicle emission budgets for nitrogen oxides and volatile organic compounds for the years 2020 and 2030 for Kentucky’s portion of the area.  EPA finalized the approvals on July 5, 2017. See 82 Fed. Reg. 30976 (July 5, 2017).

May 10, 2017
EPA proposed to approve Kentucky’s infrastructure State Implementation Plan for the 2012 annual particulate matter (PM2.5) National Ambient Air Quality Standard.  EPA noted it was not approving any specific rule, but was rather proposing that Kentucky’s currently approved shift meets the Clean Air Act requirements for this rule. See 82 Fed. Reg. 21751 (May 10, 2017).

June 29, 2017
EPA proposed to approve revisions to the Louisville-Metro Air Pollution Control District (LMAPCD) stationary source emission monitoring and reporting requirement that it found were consistent with the Clean Air Act.  EPA is proposing to approve certain administrative changes as well as changes to reporting data requirements, methods of emissions calculations and stationary source emission statements that are part of Regulation 1.06 of LMAPCD’s rules. See 82 Fed. Reg. 29467 (Thursday, June 29, 2017).

July 10, 2017
EPA also approved, on July 10, 2017, changes to the LMAPCD regulations pertaining to definitional changes, administrative amendments, opening burning, standards of performance and volatile organic compounds. See 82 Fed. Reg. 31736 (July 10, 2017).

July 17, 2017
EPA proposed to approve changes to the Kentucky State Implementation Plan that would adopt the historical and current National Ambient Air Quality Standards for carbon monoxide, lead, nitrogen dioxide, ozone particulate matter (both PM10 and PM2.5) and sulfur dioxide. The SIP approval incorporates the updates previously made in 2016 by Kentucky in 401 KAR 53:010. See 82 Fed. Reg. 32671 (July 17, 2017).

EPA also has proposed to approve several revisions made by LMAPCD:

July 3, 2017
EPA proposed approval of the LMAPCD’s revision to remove Stage II vapor control requirements for new and upgraded gasoline dispensing facilities and allow for the decommissioning of existing Stage II equipment in Jefferson County. EPA approved the demonstration that removal of Stage II vapor recovery systems in the area would and will result in VOC emissions decreases. See 82 Fed. Reg. 30809 (July 3, 2017).

July 28, 2017
EPA issued a direct final rule approving changes to definitions in Regulation 1.02 of the LMAPCD. The changes include revisions to the definition of volatile organic compounds to be consistent with EPA updates. See 82 Fed. Reg 35101 (July 28, 2017).

August 5, 2017
EPA proposed to approve Kentucky’s determination that the Commonwealth’s Regional Haze Plan is adequate to meet reasonable progress goals for the implementation period through 2018. See 82 Fed. Reg 36707 (July 28, 2017).

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About this Author

Robin B. Thomerson, Dinsmore, Environmental Lawyer, Energy Attorney
Of Counsel

Robin Thomerson is a member of the litigation department and focuses her practice on environmental law including issues arising regarding permitting and compliance with the Clean Air Act, Clean Water Act, RCRA and CERCLA. She has represented various entities, including utilities and manufacturing companies, in maintaining compliance with environmental laws.

Prior to entering private practice, Robin served as an attorney with the Kentucky Energy and Environment Cabinet where she represented the Kentucky Divisions of Waste and Water and served as...

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