EPA Approves Changes to Jefferson County SIP
By Bradley E. Dillon, Attorney, Bingham Greenebaum Doll LLP
In the June 10, 2014, Federal Register, EPA took final action to approve into the Kentucky State Implementation Plan (SIP) revisions to the Louisville Metro Air Pollution Control District (LMAPCD) Regulations. The submittal related to revisions to LMAPCD Regulation 1.07 Emissions during Start-ups, Shut-downs, Malfunctions, and Emergencies. EPA found that the LMAPCD Regulations were consistent with EPA policies by specifically requiring that a source meet its emission limits during start-ups and shut-downs.
While the regulation only becomes federally enforceable once it is adopted into the SIP, the LMAPCD has been enforcing the regulation under its statutory authority since it was first adopted in July 2005. If nothing else, this nine (9) year delay in adopting this regulation into the SIP is a good example of EPA’s frequent inability to meet its deadline (18 months) to act on these requests.