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Energy and Environment Cabinet

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Division for Air Quality
SIP Revisions and Submittals, Emission Allocations

Jan. 6, 2017
 
On Jan. 6, 2017 the Energy and Environment Cabinet submitted documentation, to the Environmental Protection Agency (EPA), addressing the Data Requirements Rule for the 2010 1-Hour Sulfur Dioxide (SO2) Primary National Ambient Air Quality Standards (NAAQS). The submittal and supporting documentation identifies which methods have been chosen to characterize the air quality around the 16 sources within Kentucky to which the Data Requirements Rule applies.
 
Dec. 2, 2016

On Nov. 16, 2016, the State of Maryland, through the Department of the Environment (MDE) petitioned the EPA to abate the emissions from thirty-six (36) coal-fired electric generating units in five upwind states that supposedly contribute to Maryland's nonattainment with the ozone national ambient air quality standard (NAAQS) revised in 2008. In the petition, MDE identified three (3) Kentucky emission sources as purportedly contributing to MDE's failure to attain the 2008 ozone national ambient air quality standards. The Kentucky sources are identified as East Bend Unit 2, Elmer Smith Unit 1, and Paradise Unit 3 and MDE specifically requests EPA to impose more stringent emission limitations for nitrogen oxides (NOx), 0.067 lb/mmBtu, 0.159 lb/mmBtu and 0.120 lb/mmBtu, respectively. On Dec. 2, 2016, the Energy and Environment Cabinet (Cabinet) requested the Administrator of the EPA to deny the petition filed by the state of Maryland pursuant to Section 126(b) of the Clean Air Act.
 
Nov. 17, 2016

The Kentucky Energy and Environment Cabinet had scheduled a public hearing on Sept. 14, 2016, at 10 a.m. (EDT) in Conference Room 111 at 300 Sower Blvd., Frankfort, KY 40601. This hearing was held to receive comments on a proposed revision to Kentucky's State Implementation Plan (SIP) pertaining to the removal of provisions in 401 KAR 50:055, General requirements, relating to excess emissions during periods of startup, shutdown, and malfunction from the Kentucky SIP.
 
Sept. 30, 2016
On Oct. 26, 2015, the U.S. Environmental Protection Agency (EPA) published National Ambient Air Quality Standards for Ozone: Final Rule in the Federal Register.  The final rule revises the level of the primary Ozone NAAQS from 0.075 parts per million (ppm) to 0.070 ppm.  State recommendations for designations of attainment/nonattainment for areas within Kentucky were submitted to EPA on Sept. 30, 2016.  The Cabinet recommended the northern portions of Boone, Campbell and Kenton counties in Kentucky to be designated as nonattainment, with all other counties being designated as attainment/unclassifiable.  The recommendations were based on 2013-2015 air monitoring data, which showed a single monitor in Campbell County with an average value of 0.071 ppm.
 
August 5, 2016
 
The Kentucky Energy and Environment Cabinet had scheduled a public hearing on June 21, 2016 at 10 a.m. (EDT) in the GAPS Training facility, Frankfort, Kentucky. This hearing was being held to receive comments on a proposed State Implementation Plan (SIP) revision to redesignate the Kentucky portion of the Cincinnati-Hamilton, Ohio-Kentucky-Indiana ozone nonattainment area to attainment for the 2008 8-hour ozone National Ambient Air Quality Standard. The hearing was cancelled due to no request. 
 
This revision has been approved by the U.S. EPA to redesignate Boone, Campbell and Kenton counties to attainment.
May 3, 2016 -- Final Stage II SIP

The Kentucky Energy and Environment Cabinet conducted a public hearing on April 29, 2016 at 10 a.m. (EST) in the Conference Room of the Division for Air Quality, 200 Fair Oaks Lane, 1st Floor, Frankfort, Kentucky.  This hearing was being held to receive comments on an amendment to Kentucky’s State Implementation Plan (SIP) pertaining to 401 KAR 59:174, decommissioning of Stage II Vapor Recovery Systems (VRS) controls of gasoline dispensing facilities in Boone, Campbell, and Kenton Counties.
 
Feb. 22, 2016 - Request for the Campbell-Clermont, KY-OH area to be redesignated as attaining the 2010 1-Hour Sulfur Dioxide (SO2) National Ambient Air Quality Standards (NAAQS)
 
Per a Feb. 22, 2016 letter, the Kentucky Energy and Environment Cabinet submitted to the U.S. Environmental Protection Agency (EPA) a letter stating on Aug. 5, 2013, EPA published the initial SO2 nonattainment area designations for the 2010 1-hour SO2 National Ambient Air Quality Standard (NAAQS) across the country. Those nonattainment designations became effective Oct. 4, 2013 (78 FR 47191). In that Final rule, EPA designated portions of Campbell County, Kentucky and Clermont County, Ohio as nonattainment for the 2010 1-hour SO2 NAAQS. Through this submission, the Commonwealth of Kentucky formally requests EPA to redesignate Campbell County, Kentucky to attainment status for the 2010 1-hour SO2 NAAQS. A public hearing regarding the redesignation request was scheduled for Dec. 1, 2015 in Frankfort, Ky. No request for a public hearing was received and the hearing was canceled. Comments were received during the 30-day comment period. Please see the following designation submittal document below that contains the Redesignation Request submittal letter and the Request to Redesignate narrative.

Feb. 8, 2016 - Section 110(a) Infrastructure SIP submittal for the 2012 PM2.5 NAAQS

Per a Feb. 8, 2016 letter, the Kentucky Energy and Environment Cabinet submitted to the U.S. Environmental Protection Agency (EPA) a letter certifying that Kentucky's existing State Implementation Plan (SIP) for the 2012 PM2.5 National Ambient Air Quality Standards (NAAQS) contains Section 110 of the Clean Air Act (CAA) provisions that address the requirements for purposes of implementing the 2012 PM2.5 NAAQS. The Cabinet is requesting EPA's approval that the following submission satisfies all of the requirements of Section 110(a)(2) of the CAA for purposes of implementing the 2012 PM2.5 NAAQS. A public hearing regarding the revision was scheduled for Jan. 6, 2016 in Frankfort, Ky. No request for a public hearing was received and the hearing was canceled. Comments were received during the 30-day comment period. Please see the following SIP submittal document below that contains the SIP submittal letter and the SIP narrative.

April 15, 2015 - Revision to the SIP for Emissions Statement and Emission Inventory Requirements for the 2008 8-hour ozone NAAQS 

Per an April 15, 2015 letter, the Kentucky Energy and Environment Cabinet submitted to the U.S. Environmental Protection Agency (EPA) for approval a formal revisions to Kentucky’s State Implementation Plan (SIP). This SIP revision documents the Clean Air Act (CAA) requirements for section 182(a)(1) Emissions Inventory and 182(a)(3)(b) Emissions Statement.  A public hearing regarding the revision was scheduled for June 1, 2015 in Frankfort, Ky. No request for a public hearing was received, and the hearing was canceled. Comments were received during the 30-day comment period. Documentation regarding the cabinet’s Statement of Consideration, which contains cabinet responses to comments received during the public comment period, is provided in the SIP revision narrative. Please see the following SIP revision document below, that contains the SIP submittal letter and the SIP narrative with the Statement of Consideration and appendices for this SIP revision.

Feb. 26, 2015 - the Division for Air Quality submitted a letter to EPA requesting EPA consider the most recent quality-assured, certified data to properly designate areas prior to the effective date established in the final rule, Air Quality Designations for the 2012 Primary Annual Fine Particle (PM2.5) National Ambient Air Quality Standards (NAAQS), published in the Federal Register on Jan. 15, 2015. The letter requested EPA consider the 2014 data to withdraw the published nonattainment designation for Boone, Bullitt, Campbell, Jefferson and Kenton counties in Kentucky and to designate the areas as attainment/unclassifiable.

Sept. 17, 2014 - Kentucky Regional Haze 5-Year Periodic Report SIP Revision

Pursuant to a Sept. 17, 2014 letter, the Kentucky Energy and Environment Cabinet submitted to the U.S. Environmental Protection Agency (EPA) for approval a formal revision to Kentucky’s State Implementation Plan (SIP). The SIP revision includes the Kentucky Regional Haze 5-Year Periodic Report for Kentucky’s Class I Federal Area Mammoth Cave National Park. This SIP revision addresses the requirements of the Regional Haze Rule at 40 C.F.R. 51.308(g) requiring periodic reports that evaluate progress towards a State’s Reasonable Progress Goals for visibility improvement in Class I federal areas.

Documentation regarding the cabinet’s Statement of Consideration, which contains cabinet responses to comments received during the public comment period, is provided in Appendix C of the SIP revision.Please see the following SIP revision documents below, that contains the SIP submittal letter and the SIP narrative and appendices with the Statement of Consideration for this SIP revision.
 
If you have any questions regarding this SIP revision, contact Martin Luther at martin.luther@ky.gov or the number below.

June 11, 2014 Final Kentucky 2015-2019 CAIR NOx Allocations

In accordance with the division’s CAIR NOx regulations (401 KAR 51:210 and 401 KAR 51:220), these final 2015-2019 CAIR NOx allocations were determined on a yearly basis for 2015, 2016, 2017, 2018 and 2019. Below are Final Kentucky CAIR NOx annual and ozone season allocations for the 2015-2019 control periods. These allocations did not change pursuant to a review in early 2014 by applicable CAIR NOx units.
 
If you have any questions regarding these final 2015-2019 CAIR NOx allocations, please contact Martin Luther at martin.luther@ky.gov or the number below.

Dec. 5, 2013 the Division for Air Quality submitted initial attainment recommendations to EPA regarding the 2012 PM2.5 standard.

Aug. 9, 2012 a public hearing regarding the revision of the existing motor vehicle emissions budget for the Kentucky portion of the Cincinnati-Hamilton, OH-KY-IN, Metropolitan Statistical Area 8-hour ozone maintenance area for the transition from the MOBILE6.2 model to the MOVES model was scheduled for July 30, 2012 in Florence, Ky. No request for a public hearing was received, and the hearing was canceled. Comments were received during the 30-day comment period. Please see the following SIP revision document that contains the SIP submittal letter, the SIP narrative and appendices with the Statement of Consideration for this SIP revision.

April 10, 2012 In accordance with Section 110 of the Clean Air Act, Kentucky proposes this SIP revision

March 6, 2012 Kentucky Request for Redesignation and Maintenance Plan for the Kentucky portion of the Louisville KY-IN 1997 Fine Particulate Nonattainment Area SIP Revision

Per a March 5, 2012 letter, the Kentucky Energy and Environment Cabinet submitted to the U.S. Environmental Protection Agency (EPA) for approval a formal revision to Kentucky’s State Implementation Plan (SIP). This SIP revision requests redesignation for the Kentucky portion of the Louisville KY-IN 1997 Annual PM2.5 Nonattainment Area and establishes a maintenance plan for continued attainment of the standard.

Documentation regarding the cabinet’s Statement of Consideration, which contains cabinet responses to comments received during the public comment period, is provided in this SIP revision. Please see the following SIP revision documents below, that contains the SIP submittal letter and the SIP narrative and appendices with the Statement of Consideration for this SIP revision.

Feb. 9, 2012 Kentucky Request for Redesignation and Maintenance Plan for the Kentucky portion of the Huntington-Ashland, OH-KY-WV 1997 Fine Particulate Nonattainment Area SIP Revision  

Per a Feb. 9, 2012 letter, the Kentucky Energy and Environment Cabinet submitted to the U.S. Environmental Protection Agency (EPA) for approval a formal revision to Kentucky’s State Implementation Plan (SIP). This SIP revision requests redesignation for the Kentucky portion of the Huntington-Ashland, OH-KY-WV 1997 Annual PM2.5 Nonattainment Area and establishes a maintenance plan for continued attainment of the standard.

Documentation regarding the cabinet’s Statement of Consideration, which contains cabinet responses to comments received during the public comment period, is provided in Appendix F of this SIP revision. Please see the following SIP revision documents below, that contains the SIP submittal letter and the SIP narrative and appendices with the Statement of Consideration for this SIP revision.

June 3, 2011 Kentucky's 1-hr SO2 NAAQS Attainment Area Designation Proposal
In accordance with Section 107 (d)(1)(A) of the Clean Air Act, states must submit to U.S. EPA, within one year following promulgation of a new or revised National Ambient Air Quality Standard, a list of all areas in the state, recommending designations for each as attainment, nonattainment or unclassifiable with respect to a new or revised standard for a pollutant.

Proposed designation recommendations for Kentucky were due June 3, 2011, for the new 1-hour standard for sulfur dioxide (SO2), which is 75 parts per billion (three-year average of the 99th percentile daily maximum 1-hour concentration) (75 FR 35520, June 22, 2010). The following letter provides Kentucky’s recommendations.
Jan. 27, 2011 Kentucky Request for Redesignation and Maintenance Plan for the Kentucky portion of the Cincinnati-Hamilton, OH-KY-IN 1997 Fine Particulate Nonattainment Area SIP Revision
Per a Jan. 27, 2011 letter, the Kentucky Energy and Environment Cabinet submitted to the U.S. Environmental Protection Agency (EPA) for approval a formal revision to Kentucky’s State Implementation Plan (SIP). This SIP revision requests redesignation for the Kentucky portion of the Cincinnati-Hamilton, OH-KY-IN 1997 Annual PM2.5 Nonattainment Area and establishes a maintenance plan for continued attainment of the standard. It also establishes motor vehicle emission budgets for 2015 and 2021.

A public hearing regarding this SIP revision was conducted on Dec. 15, 2010, at the Northern Kentucky Area Development District (NKADD) in Florence, Ky. Documentation regarding this public hearing and the cabinet’s Statement of Consideration, which contains cabinet responses to comments received during the public comment period, is provided in Appendix I of this SIP revision. Please see the following SIP revision document that contains the SIP submittal letter and the SIP narrative and appendices with the Statement of Consideration for this SIP revision.

May 28, 2010 Kentucky Regional Haze SIP Revision

Per a May 28, 2010 letter, the Kentucky Energy and Environment Cabinet submitted to the U.S. Environmental Protection Agency (EPA) for approval a formal revision to Kentucky’s State Implementation Plan (SIP). This SIP revision addresses the following issues that amend Kentucky’s June 25, 2008, Regional Haze SIP: (1) E.ON U.S. Mill Creek Units 3 and 4, a change to indicate the proper BART Title V permit emission limits of 64.3 lb/hr and 76.5 lb/hr respectively for H2SO4 in place of a 0.015 lb/mmBtu limit and (2) East Kentucky Power Cooperative (EKPC) Cooper Units 1 and 2, based on March 18, 2009, revised EKPC BART determination modeling a substitution of dry flue gas desulfurization (DFGD) and fabric filtration (FF) emission controls for the wet FGD (WFGD) and wet electrostatic precipitator (WESP) controls.

A public hearing regarding this SIP revision was conducted on Nov. 23, 2009, at the division’s main office in Frankfort, Ky. Documentation regarding this public hearing and the cabinet’s Statement of Consideration, which contains cabinet responses to comments received during the public comment period, is provided in Appendix N of this SIP revision. Please see the following SIP revision document that contains the SIP submittal letter and the SIP narrative and appendices with the Statement of Consideration for this SIP revision.

2009-2014 CAIR NOx Allocations and Granted CAIR NOx Annual ERCs

Final Total Granted Kentucky CAIR NOx Annual Early Reduction Credits (ERCs) – Nov. 23, 2009
Attached is a copy of the CAIR NOx Annual Early Reduction Credits (ERCs) that the Kentucky Division for Air Quality (division) has granted to those sources that requested CAIR ERCs pursuant to regulation 401 KAR 51:210, CAIR NOx annual trading program.  The division determined the ERCs based on 2007 and/or 2008 NOx early reduction information reported to the division by applicable sources as required by 401 KAR 51:210. Granted CAIR NOx annual ERCs may be utilized for compliance with the CAIR NOx annual trading program for 2009 or for subsequent years until the ERCs granted are exhausted.
 
The division, under a Nov. 23, 2009 letter, has submitted the granted CAIR NOx annual ERCs to the EPA Clean Air Market Division (CAMD) in order for the ERCs to be populated into the appropriate Kentucky source CAIR NOx annual account.
If you have questions regarding this matter, e-mail Martin Luther or call the number at the bottom of this page.

Kentucky CAIR NOx Allocations – April 4, 2007
Final Kentucky 2009-2014 CAIR Ozone Season NOx Allocations

Per 401 KAR 51:220, the following link provides the Final Kentucky Division for Air Quality 2009-2014 CAIR ozone season NOx allocations for applicable Kentucky CAIR units. The division is notifying each applicable CAIR unit and the U.S. EPA of the Final Kentucky CAIR 2009-2014 ozone season NOx allocations. If you have questions regarding the Final Kentucky 2009-2014 CAIR ozone season NOx allocations, e-mail Martin Luther martin.luther@ky.gov or call the number at the bottom of this page.

Final Kentucky 2009-2014 CAIR Annual NOx Allocations

Per 401 KAR 51:210, the following link provides the Final Kentucky Division for Air Quality 2009-2014 CAIR annual NOx allocations for applicable Kentucky CAIR units. The division is notifying each applicable CAIR unit and the U.S. EPA of the Final Kentucky CAIR 2009-2014 annual NOx allocations. If you have questions regarding the Final Kentucky 2009-2014 CAIR annual NOx allocations, e-mail Martin Luther martin.luther@ky.gov or call the number at the bottom of this page.

Final Kentucky Available CAIR Annual Early Reduction Credits (ERCs) Per the CAIR Annual NOx Trading Program

Per the CAIR annual NOx trading program and 401 KAR 51:210, the following link provides the Final Kentucky Division for Air Quality available annual trading program NOx early reduction credits (ERCs) for applicable Kentucky CAIR annual trading program units. The division is notifying each applicable CAIR unit and the U.S. EPA of the Final Kentucky available annual ERCs. If you have questions regarding the Final Kentucky CAIR annual ERCs available to applicable Kentucky CAIR annual trading program units, e-mail Martin Luther at martin.luther@ky.gov or call the number at the bottom of this page.

April 4, 2007 Kentucky CAIR Final Submittal

On April 4, 2007, the Kentucky Environmental and Public Protection Cabinet (EPPC) submitted a revision to the Kentucky State Implementation Plan (SIP) regarding the Clean Air Interstate Rule (CAIR) and addressed the above CAIR NOx allocations. In addition, Kentucky CAIR regulations can be found at the following Web site in Chapter 51: http://www.lrc.state.ky.us/kar/TITLE401.HTM.