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KDAQ, IDEM and LMAPCD Permitting Updates


KDAQ Permitting Update

By Kelly D. Bartley, Attorney, Bingham Greenebaum Doll LLP

The Kentucky Division for Air Quality (KDAQ) reports that during the fourth quarter of calendar year 2013 (Oct. 1, 2013 through Dec. 31, 2013), the agency issued 187 (down from 247 the previous quarter) final permitting determinations including: 17 initial, renewed or significant revisions to conditional major or Title V/synthetic minor operating permits; eight renewed Title V permits; four Title V permit significant revisions; one initial Title V / Prevention of Significant Deterioration (PSD) permit; and one significant revision to a Title V/PSD permit. During the same timeframe, KDAQ reports that it received 158 permit/registration applications. On Jan. 23, 2014, KDAQ reported 136 permit applications pending, with 31 of those applications beyond regulatory timeframes for review.   

KDAQ reports that its Permit Review Branch currently has 44 employees, including 31 permit writers, three air dispersion modelers, five section supervisors and two support staff.

IDEM Permitting Update

By Jennifer K. Thompson, Attorney, Bingham Greenebaum Doll LLP

The Indiana Department of Environmental Management (IDEM) reports that it issued the following number of permit determinations from the following specified permit categories in the fourth quarter of 2013: 97 Title V permitting determinations; 49 federally enforceable state operating permitting determinations; 47 minor source operating permitting determinations; 11 source specific operating agreement determinations; and 26 registration determinations.

IDEM also had the following permit applications submitted during this same time frame: 78 Title V Permit Applications; 51 Federally Enforceable Operating Permit Applications; 43 Minor Source Operating Permit Applications; 19 Source Specific Operating Permit Applications; 25 Registration Applications; and 40 applications not yet classified.

IDEM’s Permitting Branch is currently operating with 40 permit writers and has three vacant permit writer positions, six section chiefs, 11 administrative personnel, two environmental specialists and one branch chief.

LMAPCD Permitting Update

By Bradley E. Dillon, Attorney, Bingham Greenebaum Doll LLP

The Louisville Metro Air Pollution Control District (LMAPCD) continues to focus on reissuing Title V permits that have been expired for several years. The agency recently provided public notice of a draft Prevention of Significant Deterioration (PSD) permit for the Ford Motor Company – Kentucky Truck Plant. The public comment period on that permit will be open until Feb. 18, 2014. A public hearing may be held before the LMAPCD Board, depending on the comments made during the comment period.

To view a complete PDF of the Fourth Quarter 2013 issue of the Air Quality Letter, click HERE.

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