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Deadlines for businesses regulated by the Kentucky Division for Air Quality to report 2015 compliance with air permit terms, as well as reports summarizing required monitoring conducted July through December 2015, are just around the corner.

Annual Compliance Certifications (ACCs) and Semi-Annual Monitoring Reports for Kentucky businesses holding Clean Air Act Title V, Conditional Major Operating and State Origin permits issued by the Division must be postmarked or submitted electronically (where allowed) to authorities by Jan. 30, 2016.

ACCs and Monitoring Reports are required under both federal and state law and serve as the primary self-reporting mechanism by which the Division and the Environmental Protection Agency (where applicable) confirm that regulated industries and other business are conducting proper monitoring and recordkeeping, and are otherwise in compliance with air emission or operating limitations as required under issued permits. Specific requirements relating to the form and content of the ACC and Monitoring Report are detailed in the facility’s permit (generally Section F for Title V and Conditional Major sources and Section C for state origin sources), in the applicable Division regulation (401 KAR 52:020, 52:030 or 52:040) as well as the permit Provisions and Procedure manual and ACC instructions sheet incorporated in the regulations (see generally http://air.ky.gov/Pages/AirPermits.aspx for links and other information).

Facilities should carefully review the requirements relating to the ACC and Monitoring Report as the information submitted therein may lead to state or federal (where applicable) enforcement action, and further, is available to the public through opens records and freedom of information laws.

Special attention and consideration should particularly be given when reporting whether compliance with each permit term has been continuous or intermittent (a requirement for the ACC), in instances of missed monitoring, and in situations where information or data not required by the permit indicates possible non-compliance. Both submittals must be certified as true, accurate and complete as delineated in the permit and applicable regulations by a “responsible official” of the corporation, partnership or other entity holding the permit.

To learn more about Kelly D. Bartley and her practice, please visit her profile.