This webpage is currently under construction, and information contained here has not yet been approved or authorized by the Division for Air Quality. Please contact the ECAP team at envhelp@ky.gov or (502) 782-6189 if you have any questions.
About Air Permitting in Kentucky
The Clean Air Act requires air permits for industrial and commercial sources that release pollutants into the air in amounts above certain thresholds. Air permits include information on which pollutants are being released, how much may be released, and what kinds of steps the source's owner or operator is required to take to reduce the pollution. Permit conditions must specify the monitoring, recordkeeping and reporting requirements applicable to each unit emitting air pollutants.
The Kentucky Division for Air Quality (DAQ) is responsible for air permitting in all counties except Jefferson. The Louisville Metro Air Pollution Control District is responsible for air permitting in Jefferson County.
Depending on the type of application, the source may need approval from DAQ before beginning construction.
For general questions about air permitting, contact Michelle McCloskey ( Michellea.McCloskey@ky.gov).
Timeframes and Fees
DAQ strives to issue permits in a timely manner. A thorough and complete application is the best way to ensure you get your permit as soon as possible.
Depending on the permit category, it may take
between 60 and 255 days to receive a new air permit after a complete application package is submitted. These timeframes are explained in the table below.
DAQ does not charge an application fee for air permits. However, annual emission fees may be applicable after a permit has been issued. Actual emission releases of up to 25 tons per year may be subject to an assessed flat fee of $150.
Timeframes and construction guidelines below apply to permits for new facilities only.
Registration
|
60 days
| After a complete application package has been submitted.
|
Minor/State Origin
| 60 days (completeness check)
60 days (final permit issuance)
=
120 days total
| After DAQ issues the final permit.
|
Conditional Major
| 60 days (completeness check)
60 days (draft issuance)
30 days (public comment)
60 days (final permit issuance)
=
210 days total
| After DAQ issues a draft permit. *Facilities seeking Synthetic Minor status must wait for the final permit.
|
Major/Title V; Prevention of Significant Deterioration (PSD)
| 60 days (completeness check)
60 days (draft issuance)
30 days (public comment)
45 days (EPA comment)
60 days (final permit issuance)
=
255 days total
*DAQ has up to 18 months after receipt of a complete application to issue a final Major Source Permit.
| After DAQ issues the proposed permit (to be reviewed by the EPA before the final permit is issued).
|
As a general rule, a facility has 18 months after a permit is issued to begin construction. If construction does not begin within that 18-month window, the construction authority expires unless an extension request has been submitted to DAQ in a timely manner and approved. Upon expiration of construction authorization, a new air permit application may need to be submitted.
Determine if an Air Permit is Needed
Not every business or facility needs an air permit - it depends on the potential amounts of regulated air pollutants that could be emitted by the facility. Some businesses may only need to register with DAQ if its potential emissions are at lower thresholds.
ECAP has created a Potential to Emit (PTE) Guide, which details this information further. The guide includes examples for how to calculate a facility's PTE and answers to commonly asked questions. To learn more about permit and registration thresholds, please visit DAQ's
"Air Permitting" webpage.
Insignificant and Trivial Activities
The Division's Permit Review Branch maintains a list of "insignificant" and "trivial" activities for use by air pollution sources when submitting permit applications.
Insignificant activities and any applicable requirements to which they are subject must be included in permit applications and listed in the permit. Emissions from
trivial activities are not required to be included in permits or permit applications and are not considered when determining source status or other applicability determinations.
Get Expert Help
Fill out ECAP's
Small Business Assistance Application to see if your facility qualifies for detailed assistance from Kentucky's
Small Business Environmental Assistance Program (SBEAP).
If your facility does not qualify as a
small business, ECAP can still provide limited general guidance for completing application forms. You can also request a pre-application meeting with DAQ's
Permit Review Branch to discuss your facility's potential permitting needs.
Larger facilities that require more assistance are encouraged to check out the Kentucky Pollution Prevention Center's (KPPC) consultant directory, a list of companies that provide a variety of environmental management services.
What to Include in an Air Permit Application Package
Air permit application packages should include all of the following documents.