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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 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 the proposed rule, Repeal of Carbon Dioxide Emission Guidelines for Existing Stationary Sources:  Electric Utility Generating Units, as published in 82 FR 48035.   

April 6, 2017

The division submitted comments on 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 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 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 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 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 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 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 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 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.

March 16, 2015 

The Kentucky Energy and Environment Cabinet submitted its comments regarding the National Ambient Air Quality Standards for Ozone; Proposed Rule to EPA.

Feb. 5, 2015

The division submitted comments on 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 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 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 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 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.

April 22, 2014

The division submitted comments 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.

Dec. 6, 2013

The division submitted comments to EPA regarding the draft guidance for 1-hour SO2 Nonattainment Area SIP Submissions.

Nov. 26, 2013

The division submitted response to comments regarding a public hearing held on this date regarding the establishment of appropriate Title V air emissions fees necessary to fund the air permit program in accordance with regulation 401 KAR 50:038, Air emissions.

Oct. 22, 2013

The Kentucky Energy and Environment Cabinet submitted a letter to EPA accompanied by  "Greenhouse Gas Policy Implications for Kentucky under Section 111(d) of the Clean Air Act" .

May 13, 2013

The division submitted comments on the Proposed SIP Call for Startup, Shutdown, Malfunction (SSM) Provisions, as published in 78 Fed Reg 12460.

Aug. 28, 2012

The division submitted comments on the Proposed PM2.5 NAAQS, as published in 77 Fed Reg 38890.

June 29, 2012

Region 4 states and West Virginia submitted comments on the white paper issued May 22, 2012, which described the approach for the implementation of the 1-hour SO2 standard promulgated June 2, 2010.

June 25, 2012

The state of Kentucky submitted comments to EPA on the April 13, 2012 proposed regulation of greenhouse gases from electric generating units through new source performance standards.

March 2, 2012

EPA is proposing thresholds for classifying nonattainment areas for the 2008 ozone National Ambient Air Quality Standards (NAAQS) promulgated by EPA on March 12, 2008. This proposal also addresses the timing of attainment dates for each classification. Kentucky’s comments on the proposal are provided here.

Dec. 2, 2011

The division submitted comments regarding the draft “Guidance for 1-hour SO2 NAAQS SIP Submissions” published in the Federal Register on Sept. 22, 2011. The division has multiple issues with the guidance including lack of detail, modeling for NAAQS implementation, and burden imposed on states.

Oct. 14, 2011

The division submitted a comment regarding proposed revisions to the Cross State Air Pollution Rule published in the Federal Register. The division commented that all but one PM2.5 monitor linked to Kentucky's emissions was already attaining the NAAQS and this monitor is located in a county that includes Pittsburg, Pa.

Sept. 22, 2011   

Environmental agencies of 10 southeastern states sent a letter of concerns and recommendations to U.S. EPA, U.S. senators, and U.S. congressmen regarding draft guidance the U.S. EPA released. EPA stated its intention to use this guidance in implementation of the 2010 SO2 National Ambient Air Quality Standard (NAAQS).

May 20, 2011   

The Division for Air Quality submitted comments on a federal proposed rule, Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production, as published in the Federal Register.

May 3, 2011

The Division for Air Quality submitted comments regarding the proposed MACT standard to control emissions of hazardous air pollutants from coal- and oil-fired electric utilities. According to EPA, the proposed rule is expected to prevent 91 percent of mercury in coal from being emitted and reduces acid gases (hydrochloric acid as a surrogate) by 91 percent, sulfur dioxide by 55 percent and particulate matter (a surrogate for toxic metals) by 30 percent. The agency is required to issue the final standard by Nov. 16, 2011.

Dec. 1, 2010

The Kentucky Division for Air Quality submitted its comments to the U.S. Environmental Protection Agency (EPA) regarding the PSD and Title V Permitting Guidance for Greenhouse Gases.

Aug. 23, 2010

The following documents are the division’s comments submitted to EPA in response to the following proposed rules:

  • Division comments on National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers
  • Division comments on National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters
  • Division's final comments on Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units
  • Cover Letter for National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers
  • Cover Letter for National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters

Aug. 20, 2010

The Kentucky Division for Air Quality submitted  DAQ comments on the Proposed Greenhouse Gas Tailoring Rule.   

Aug. 2, 2010

The Kentucky Division for Air Quality submitted its comments on the EPA’s Proposal to issue Federal Implementation Plans (FIPs) to reduce Interstate Transport of Fine Particulate Matter and Ozone (75 Federal Register 45210).

March 22, 2010

The Kentucky Division for Air Quality submitted  DAQ comments on EPA's Proposed Implementation of the New Source Review (NSR) Program for Particulate Matter Less than 2.5 Micrometers; Notice of Proposed Rulemaking to Repeal Grandfathering Provision and End the PM10 Surrogate Policy.

March 19, 2010

The Kentucky Division for Air Quality submitted DAQ comments on EPA's Proposed National Ambient Air Quality Standard for Ozone.

Feb. 8, 2010

The Kentucky Division for Air Quality submitted  DAQ comments on EPA's Proposed National Ambient Air Quality Standard for Sulfur Dioxide (SO2 NAAQS)

Sept. 14, 2009

The Kentucky Division for Air Quality submitted  DAQ comments on EPA's Proposed National Ambient Air Quality Standard for Nitrogen Dioxide (NOx NAAQS)

March 20, 2008                       

The Kentucky Division for Air Quality submitted DAQ comments in response to the Federal Register that proposes to revise the NAAQS for Lead (Pb).