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Division for Air Quality Files Statement of Consideration and Amendments to Proposed Regulations to Adopt and Incorporate the Federal Greenhouse Gas Tailoring Rule

Following the close of the public comment period and a public hearing on August 24, 2010, the Division for Air Quality (the “Division”) has amended its proposed changes to regulations 401 KAR 51:001 and 401 KAR 52:001.  The “amended after comments” version of the proposed amendments was filed with the Legislative Research Commission (“LRC”) on October 15, 2010. 

Like the proposed amendments originally filed July 15, 2010, the amended proposal  would revise Kentucky’s Prevention of Significant Deterioration (“PSD”) and Title V permitting program definitions to reflect amendments made to federal regulations.  The federal PSD and Title V Greenhouse Gas Tailoring Rule (the “Tailoring Rule”), published as a final rule on June 3, 2010, revises and creates definitions that significantly impact the PSD and Title V permitting programs.  The amended proposed regulations filed by the Division would incorporate the Tailoring Rule requirements into the Kentucky PSD and Title V permitting program.  The original proposal also proposed to amend the definitions of several terms used under the Kentucky PSD and Title V programs to incorporate federal definitions of the terms.  In response to public comments, the Division has retracted several of these proposed changes.

The proposed amendments are scheduled to be reviewed by the Administrative Regulation Review Subcommittee of the General Assembly (“ARRS”) at the Subcommittee’s November 9, 2010 regular meeting.

If you have questions regarding these proposed amendments, please contact any member of Greenebaum’s Environment, Energy and Natural Resources Practice Group

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