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Comments on Federal Regulations, 2014-2026
The Commonwealth of Kentucky and Division for Air Quality regularly respond to EPA proposals and decisions, as well as petitioning the federal government to act on various regulatory requests. The timeline below includes summaries of comments from 2014 through February 2026.
Feb. 25, 2026
The Kentucky Division for Air Quality (Division) submitted comments on Feb. 25, 2026 in response to EPA's January 29, 2026 proposed Determination of Attainment by the Attainment Date (DAAD) for the Louisville, KY-IN area for the 2015 Ozone NAAQS. The Division's comments can be found on the Federal Rulemaking Docket for this proposed action under Docket ID: EPA-R04-OAR-2025-1443. The comments can be viewed by downloading them from the Docket.
Aug. 7, 2025
The Kentucky Division for Air Quality submitted comments on Aug. 7, 2025 in response to EPA's June 17, 2025 proposal to repeal of Greenhouse Gas Emissions Standards for Fossil Fuel-Fired Electric Generating Units.
Feb. 11, 2025
Kentucky Governor Andy Beshear submitted a petition on Feb. 11, 2025 to EPA requesting the removal of the Louisville, Kentucky area (including portions of Bullitt, Jefferson, and Oldham counties) from the opt-in areas of the federal reformulated gasoline (RFG) program.
Feb. 3, 2025
The Kentucky Division for Air Quality submitted comments on Feb. 3, 2025 in response to EPA's January 3, 2025 proposal to withdraw their initial proposed action (from April 18, 2023) to approve the Kentucky portion of the Louisville, KY-IN area's redesignation request for the 2015 8-hour Ozone NAAQS and subsequently deny the redesignation request. The Division disagrees with EPA's decision to disapprove the redesignation request and argues the Kentucky portion of the Louisville, KY-IN area should be redesignated to attainment.
Oct. 16, 2024
The Kentucky Energy and Environment Cabinet filed a complaint on Oct. 16, 2024 in the District Court for the Western District of Kentucky regarding EPA's failure to act on the Cabinet's request that the Kentucky portion of the Louisville, KY-IN area be redesignated to attainment for the 2015 8-hour Ozone NAAQS.
Aug. 1, 2024
The Kentucky Division for Air Quality submitted an extension request on Aug. 1, 2024 to EPA regarding the 2015 Ozone NAAQS attainment date for the Kentucky portion of the Louisville, KY-IN area. The extension request was to maintain the area's "moderate" nonattainment status and avoid a reclassification to "serious" nonattainment. EPA responded to the Division's extension request in a letter dated October 21, 2024.
May 28, 2024
The Kentucky Division for Air Quality submitted comments on May 28, 2024 on the EPA's update of PM2.5 data from T640 PM mass monitors, referencing an analysis done by the Georgia Dept. of Natural Resources. The Division concludes that the algorithm for T640 data corrections is inaccurate and still biases high.
Dec. 15, 2023
Kentucky Governor Andy Beshear, in a letter to President Biden, called on the administration to implement single soot pollution standard rather than the EPA’s proposed range of standards. This approach, Govenor Beshear wrote in the December 2023 letter, “makes it extremely difficult to evaluate the Commonwealth’s ability to implement a new standard and assess potential negative socioeconomic consequences resulting from any change.”
Aug. 30, 2023
The Kentucky Division for Air Quality submitted comments on Aug. 30, 2023 the EPA's interim final rule relating to changes to the federal "Good Neighbor Plan" for the 2015 Ozone National Ambient Air Quality Standards.
Aug. 8, 2023
The Kentucky Division for Air Quality submitted comments on Aug. 8, 2023 on the proposed rulemaking for New Source Performance Standards for Greenhouse Gas Emissions from New, Modified, and Reconstructed Fossil Fuel-Fired Electric Generating Units; Emission Guidelines for Greenhouse Gas Emissions from Existing Fossil Fuel-Fired Electric Generating Units; and Repeal of the Affordable Clean Energy Rule.
June 23, 2023
The Kentucky Division for Air Quality submitted comments on June 23, 2023 on the proposed Emissions Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electric Utility Steam Generating Units Review of the Residual Risk and Technology Review, which is commonly referred to as the Mercury and Air Toxics Rule (MATS Rule).
May 31, 2023
The Kentucky Division for Air Quality submitted a comment extension request on May 31, 2023 for EPA’s Proposed New Source Performance Standards for Greenhouse Gas Emissions from New, Modified, and Reconstructed Fossil Fuel-Fired Electric Generating Units: Emission Guidelines for Greenhouse Gas Emissions from Existing Fossil Fuel-Fired Electric Generating Units; and Repeal of the Affordable clean Energy Rule; 88 Fed. Reg. 33,240.
Mar. 28, 2023
The Kentucky Division for Air Quality submitted comments on Mar. 28, 2023 on EPA's proposed Reconsideration of the National Ambient Air Quality Standards for Particulate Matter.
Feb. 27, 2023
The Kentucky Division for Air Quality submitted comments on Feb. 27, 2023 on EPA's proposed rulemaking for Implementing Regulations under 40 CFR Part 60 Subpart Ba: Adoption and Submittal of State Plans for Designated Facilities.
Feb. 13, 2023
The Kentucky Division for Air Quality submitted comments on Feb. 13, 2023 on the EPA's proposed rulemaking for Standards of Performance for New, Reconstructed, and Modified Sources and Emissions Guidelines for Existing Sources: Oil and Natural Gas Sector Climate Review.
Jan. 30, 2023
The Division for Air Quality submitted comments on Jan. 30, 2023 about EPA’s proposed rule, Prevention of Significant Deterioration and Nonattainment New Source Review.
Dec. 15, 2022
The Division for Air Quality submitted a comment period extension request for EPA's Proposed Standards of Performance for New, Reconstructed, and Modified Sources and Emissions Guidelines for Existing Sources: Oil and Natural Gas Sector Climate Review.
June 21, 2022
The Division for Air Quality submitted comments on June 21, 2022 about EPA's proposed Federal Implementation Plan addressing regional ozone transport for the 2015 ozone National Ambient Air Quality Standard.
Apr. 25, 2022
The Division for Air Quality submitted comments on Apr. 25, 2022 about EPA's Feb. 22, 2022 proposed action to disapprove the Interstate Transport Requirements for Kentucky's 2015 8-hour Ozone NAAQS I-SIP submittal.
Jan. 28, 2022
The Division for Air Quality submitted comments on Jan. 28, 2022 on EPA's Proposed Standards of Performance for New, Reconstructed, and Modified Sources and Emission Guidelines for Existing Sources: Oil and Natural Gas Sector Climate Review, as published in 86 FR 63110.
Dec. 14, 2020
The Division for Air Quality submitted comments on Dec. 14, 2020 concerning EPA’s proposed rule, Revised Cross State Air Pollution Rule Update, as published in 85 FR 68964.
Nov. 25, 2019
The Division for Air Quality submitted
comments on Nov. 25, 2019 on the proposed rule, Oil and Natural Gas Sector; Emission Standards for New, Reconstructed, and Modified Sources Review, as published in 84 FR 50244.
Oct. 7, 2019
The Division for Air Quality submitted
comments on Oct. 7, 2019 concerning the proposed rule, Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR): Project Emissions Accounting, as published in 84 FR 39244.
The Division for Air Quality also submitted
comments on this date concerning the proposed rule, Federal Plan Requirements for Municipal Solid Waste Landfills That Commenced Construction On or Before July 17, 2014, and Have Not Been Modified or Reconstructed Since July 17, 2014, as published in 84 FR 43745.
Sept. 24, 2019
The Division for Air Quality submitted
comments on Sept. 24, 2019 regarding the proposed rule, Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act, as published in 84 FR 36304.
July 12, 2019
On May 20, 2019, EPA proposed to deny the Clean Air Act (CAA) section 126(b) petition filed by the state of New York. In the petition filed on March 12, 2018, the state of New York alleges that emissions sources located in nine states, including Kentucky, are interfering with attainment or maintenance of the 2008 and 2015 ozone National Ambient Air Quality Standards (NAAQS). After evaluating the petition, EPA found that New York did not meet its statutory burden to demonstrate that sources located in Kentucky currently emit in violation of the good neighbor provision found in section 110 of the CAA. On July 12, 2019, the Energy and Environment Cabinet requested that EPA finalize its proposed denial of New York’s CAA Section 126(b) petition.
Oct. 30, 2018
The Kentucky Energy and Environment Cabinet submitted comments on Oct. 30, 2018 regarding the proposed Emission Guidelines for Greenhouse Gas Emissions from Existing Electric Utility Generating Units, also known as the "Affordable Clean Energy" (ACE) rule, as published in 83 FR 44746.
Jan. 12, 2018
The Kentucky Energy and Environment Cabinet submitted comments on Jan. 12, 2018 regarding the proposed rule, Repeal of Carbon Dioxide Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units, as published in 82 FR 48035.
Apr. 6, 2017
The Division submitted comments on Apr. 6, 2017 regarding the Notice of Data Availability (NODA) of the Environmental Protection Agency's Preliminary Interstate Ozone Transport Modeling Data for the 2015 Ozone National Ambient Air Quality Standard (NAAQS) as published in 82 FR 1733.
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 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.
Sept. 2, 2016
The Kentucky Energy and Environmental Cabinet submitted comments on Sept. 2, 2016 regarding the proposed rule, Clean Energy Incentive Program Design Details (EPA-HQ-OAR-2016-0033) as published in 81 FR 42940.
Aug. 9, 2016
The Division submitted comments on Aug. 9, 2016 regarding the proposed rule, Protection of Visibility: Amendments to Requirements for State Plans (EPA-HQ-OAR-2015-0531) as published in 81 FR 26942.
Feb. 29, 2016
The Division submitted comments on Feb. 29, 2016 regarding the proposed rule, Revisions to Public Notice Provisions in Clean Air Act Permitting Programs (EPA-HQ-OAR-2015-0090) as published in 80 FR 81234.
Feb. 1, 2016
The Division submitted comments on Feb. 1, 2016 regarding EPA's Cross-State Air Pollution Rule Update for the 2008 Ozone NAAQS (EPA-HQ-OAR-2015-0500) as proposed in 80 FR 75706.
Feb. 1, 2016
The Division submitted comments on Feb. 1, 2016 regarding EPA's Treatment of Data Influenced by Exceptional Events (EPA-HQ-OAR-2013-0572) as proposed in 80 FR 81495.
Jan. 21, 2016
The Kentucky Energy and Environment Cabinet submitted comments on Jan. 21, 2016 the proposed rule, Federal Plan Requirements for Greenhouse Gas Emissions from Electric Utility Generating Units constructed on or before Jan. 8, 2014 Model Trading Rules Amendments to Framework Regulations, as published in 80 FR 64966.
Oct. 23, 2015
The Division submitted comments on Oct. 23, 2015 regarding the Notice of Data Availability (NODA) of the Environmental Protection Agency's Updated Ozone Transport Modeling Data for the 2008 Ozone National Ambient Air Quality Standard (NAAQS), as published in 80 FR 46271.
Oct. 16, 2015
The Division submitted comments on Oct. 16, 2015 the proposed rule, Air Quality Model Guidelines: Enhancements to the AERMOD Dispersion Modeling System and Incorporation of Approaches to address Ozone and Fine Particulate matter; Revisions, as published in 80 FR 45339.
Mar. 16, 2015
The Kentucky Energy and Environment Cabinet submitted its comments on March 16, 2015 regarding the National Ambient Air Quality Standards for Ozone; Proposed Rule to EPA.
Feb. 5, 2015
The Division submitted comments on Feb. 5, 2015 regarding the proposed rule, National Emission Standards for Hazardous Air Pollutants: Primary Aluminum Reduction Plants, as published in 79 FR 72914.
Feb. 3, 2015
The Division submitted comments on Feb. 3, 2015 in response to the proposed rulemaking, National Emission Standards for Hazardous Air Pollutants: Secondary Aluminum Production, as published in 79 FR 72874.
Nov. 26, 2014
The Kentucky Energy and Environment Cabinet submitted its comments on Nov. 26, 2014 regarding the proposed federal 111 (d) rule to the EPA. Currently, the rule is scheduled to be published June 1, 2015. States will have a year from that date to develop a compliance plan.
Nov. 5, 2014
The Division submitted comments on Nov. 5, 2014 about the proposed rule revisions to the Ambient Monitoring Quality Assurance and Other Requirements, as published in 79 FR 54356.
Oct. 16, 2014
The Division submitted comments to EPA regarding the proposed rulemaking, Carbon Pollution Standards for Modified and Reconstructed Stationary Sources: Electric Utility Generating Units (EGUs).
July 14, 2014
The Division submitted comments on July 14, 2014 to EPA on the supplement guidance for SIP submissions to meet the requirements for Section 110(a)(1) of the CAA for the SO2 NAAQs.
Apr. 22, 2014
The Division submitted comments on Apr. 22, 2014 to EPA's reissuance of the proposed Standards of Performance for Greenhouse Gas Emissions from New Stationary Sources: Electric Utility Generating Units (EGUs). The proposed standards were published Jan. 8, 2014 in the Federal Register and are mandated by the President’s Climate Action Plan and Executive Order released in June 2013.