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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 third quarter of calendar year 2013 (July 1, 2013 through October 1, 2013), the agency issued 247 final permitting determinations (initial, renewed or revised permits, initial or revised registrations, and extension requests), including: 16 initial, renewed or significant revisions to conditional major or Title V/synthetic minor operating permits, 12 initial or renewed Title V permits; two Title V permit significant revisions; and one significant revision to a Title V/PSD permit.

During the same timeframe, KDAQ received 224 permit/registration applications.  As of October 30, 2013, KDAQ reported a total of 333 permit and registration applications pending.  Six of those applications are reported as requiring Clean Air Act PSD review.

IDEM Permitting Update

By Jennifer Kahney 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 from July 22, 2013 to October 18, 2013: 98 Title V permitting determinations; 48 federally enforceable state operating permitting determinations; 46 minor source operating permitting determinations; 25 source specific operating agreement determinations; and 18 registration determinations.

IDEM also had the following permit applications submitted during this same time frame: 77 Title V Permit Applications; 66 Federally Enforceable Operating Permit Applications; 51 Minor Source Operating Permit Applications; 19 Source Specific Operating Permit Applications; 38 Registration Applications; and 37 applications not yet classified.

IDEM’s Permitting Branch is currently operating with 42 permit writers and has one vacant permit writer position, 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

As reported in the last Air Quality Letter, the Louisville Metro Air Pollution Control District (LMAPCD) recently substantially revised its permitting regulations, allowing some exemptions that had never been available before to sources of emissions less than five tons per year (LMAPCD Regulation 2.02 Section 2.1.1).  The revised regulations also provide that the LMAPCD shall identify “eligible exempt sources” and notify those sources that they are exempt from permitting or registration (LMAPCD Regulation 2.02 Section 2.3).  To date, the LMAPCD has not publicly reported whether any such facilities have been identified.  With respect to the Title V program, the LMAPCD is continuing to draft and public notice renewal permits in an effort to reissue all permits with expiration dates that have already passed.

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

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