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Status of Pending Changes to Kentucky Division for Air Quality (DAQ) and Louisville Metro Air Pollution Control District (LMAPCD) Regulations


Status of Pending Changes to DAQ Regulations

As reported in the first and second quarter 2011 issues of Greenebaum Air Quality Letter, on March 14, 2011, DAQ filed proposed amendments to 401 KAR 51:052, Review of new sources in or impacting upon nonattainment areas.  Consistent with an emergency regulation filed that same date, the proposed amendments would allow emission reductions from source shutdowns and curtailments in production or operating hours to be used as emission offset credits for new construction projects, even if the permit application for the new construction is received after the emission reductions have occurred.  Under the previous regulation, emission offset credits were only available for shutdowns in production or operating hour curtailments if the permit application was received before the shutdown or curtailment.  The changes bring Kentucky’s regulation in line with the federal program.

The public comment period ended on May 2, 2011 and, on June 9, 2011, DAQ responded to comments and issued a revised proposal reflecting limited changes made in response to public comments.  The proposed amendments passed through the Administrative Regulation Review Subcommittee on July 12, 2011 and were reviewed and approved by the Joint Committee on Natural Resources and the Environment on August 4, 2011.  The amended regulation became effective upon adjournment of that meeting on August 4, 2011.

Status of Pending Changes to LMAPCD Regulations

At the July 20, 2011 meeting of the LMAPCD Board, Regulations 5.20, 5.21, and 5.22 were approved.  The Board, as previously reported in the Greenebaum Air Quality Letter, had deferred action on these three regulations, which are part of the strategic toxic air reduction (STAR) program, after public comments from the Sierra Club and the Kentucky Resources Council, among others.  After some discussion, the Board, with one member voting against the regulations or abstaining, approved the regulations as proposed.

Other recently effective revisions to LMAPCD regulations are listed under the Recently Promulgated Regulations section of this issue of the Greenebaum Air Quality Letter.

To view a complete PDF of the Third Quarter 2011 issue of the Air Quality Letter, click HERE.


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