Environmental Permitting in Kentucky - Kentucky Energy and Environment Cabinet

General Permitting Information

Environmental authorizations, such as permits and registrations, are required by federal, state, and sometimes local governments. The purpose of authorizations is to make sure that industry, businesses, and individuals minimize the impacts of certain activities on the environment.

Permits include conditions that are designed to control pollution. Permits also restrict the number of pollutants that may be released during a specific timeframe.

Registrations are a permit option for some facilities that can carry out activities in accordance with preset standards.

The types of permits and registrations that may apply to a particular industry or business vary by location, activities, and potential for pollution. Activities that require permits or other approvals can include those that might pollute the air, water, or land. A few examples of this include mercury and other air emissions from power stations, sediment-laden runoff from construction sites, or the disposal of used aerosol cans from an autobody shop.

Common Permitting Questions

Why do I need a permit?

Activities that have the potential to significantly impact the environment or threaten human health require an environmental permit. Even minor activities, when combined, can create significant impacts. Failure to obtain and comply with permits can result in violations or delays.

When should I submit an application for a permit?

In general, facility owners and operators must obtain all applicable environmental permits prior to beginning construction or operation. Permit issuance timelines depend on the permit type and complexity of the project. Overall, it's recommended to identify and submit the necessary permit paperwork far in advance to avoid construction delays.

How long does the permit approval process take?

Processing permits and receiving authorization takes time. The regulatory time frame for reviewing and issuing a final permit identifies the maximum time it should take to receive a final permit. If the activity is technically complex or requires multiple permits, then it may take longer.

Can I speed up the permit approval process?

DEP recognizes the compressed timelines associated with starting up or expanding a business. Therefore, the department is committed to reviewing applications as rapidly as possible while ensuring accuracy for all approvals. Applicants proposing large-scale, complex, or controversial projects or major modifications to existing permits are encouraged to request a pre-authorization meeting with the appropriate agency staff. The following tips will help expedite the process:

Determine all permits necessary for intended activities (including local authorizations).
Be aware of the timelines associated with reviewing and approving permits.
Discuss your timeline and the potential to prioritize the review process with agency staff.
Make sure that all applications are complete and submit them as soon as possible.
Consult ECAP to identify permit needs and to facilitate discussions with permit reviewers.

Do I have to pay a fee for a permit?

Certain permits or approvals have associated fees depending on the type of activity and the source. Questions about fees should be directed to the agency issuing the authorization.

Air Permitting with the Division of Air Quality (DAQ)

The Kentucky Division for Air Quality (DAQ) issues permits to industry, businesses, and individuals for activities that create air pollution. An “air contaminant" or “air pollutant" includes smoke, dust, soot, carbon, or any particulate matter, radioactive matter, noxious acid, fumes, gases, odor, vapor, or any combination of these items. Note: The Kentucky Division for Air Quality is responsible for air quality in all counties except Jefferson.

The regulatory authority for air quality in Jefferson County is the Louisville Metro Air Pollution Control District. For more information, visit their website.

Air Permitting and Types of Air Pollutants

The Clean Air Act requires businesses and industries that release large amounts of air pollutants to have an air permit or registration. 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.

Permits are issued to large sources (major sources) and smaller sources (minor or area sources).

Whether or not a source requires an air permit depends on its potential to emit (PTE) regulated air pollutants. PTE is based on the facility's maximum capacity to release air pollutants if it were to operate 24 hours a day, 7 days a week. Air emissions are identified by the amount of regulated air pollutants (RAPs), individual hazardous air pollutants (HAPs), and total combined hazardous air pollutants that the entire source has the potential to emit.

Regulated air pollutants (RAPs) (401 KAR 52:001, SECTION 1(60))

Nitrogen oxides
Volatile organic compounds (VOCs)
Pollutants with national air quality limits
Ozone-depleting substances
Pollutants regulated from industrial sources
Hazardous air pollutants (HAPs)

Hazardous air pollutants (HAPs)

Hazardous air pollutants are chemicals that are known to cause or contribute to serious human health risks or adverse environmental effects. A list of hazardous air pollutants can be found in Section 112(b)(1) of the Clean Air Act. Any deletions or redefinitions of hazardous air pollutants are listed within 40 CFR 63, Subpart C.

Federal Rule

In addition to Kentucky’s air quality regulations (401 KAR Chapters 50 to 65), there are federal air quality regulations that may apply. These rules are referred to as New Source Performance Standards (NSPS) (40 CFR 60) and National Emission Standards for Hazardous Air Pollutants (NESHAP) (40 CFR 63 and 40 CFR 61). These rules are specific to individual facilities and types of pollutants and may require certain permit conditions. If a federal rule applies to a source, at least a registration application must be submitted.

Air Permit Categories and Thresholds

Permit categories are broken down by the amount of pollution a facility has the potential to emit (PTE). As mentioned in the previous section, federal rule applicability requires facilities to submit at least a registration. PTE is usually measured in tons per year (TPY). The PTE permit thresholds and explanations of each permit category can be found on the DAQ "Air Permitting" webpage.

What's in an Air Permit?

All air quality registrations and permit applications use the DEP7007 series of forms. Every permit is different; however, there is certain common information that will be included in every air permit:

Facility & equipment description (who you are, what equipment/processes emit air pollutants)
Pollutants & emission limits (what can be emitted and how much)
Operating limits (hours, fuel usage, production rates, etc.)
Monitoring, recordkeeping & reporting requirements
Applicable state & federal air regulations that must be followed

Required Reporting

Air Permit holders are required to submit Annual Compliance Certification reports, as well as Semi-Annual Monitoring Reports.

Information on these reports can be found on the DAQ "Permit Required Reporting" webpage.

ECAP has also created video guides to these reports:

Updating or Transfering an Air Permit

Update an Air Permit

If the air permit contact person for your facility has changed, please email Samantha.Hoffman@ky.gov to update this information. Please note: An air permit contact cannot be a third-party consultant.

Transfer an Air Permit

Sometimes, the owner or person to whom a permit is issued changes. When this happens, please submit the following information to the division within ten days:

Administrative Information Form DEP 7007AI showing the names and other information that has changed. DEP 7007AI Instructions can be found here.
If ownership has changed, submit a signed Ownership Change Form specifying the date of transfer of permit responsibility, coverage, and liability.

These items may be submitted to the division’s Permit Review Branch either through EEC eForms or by mailing a hard copy to Michelle McCloskey, Division for Air Quality, Permit Review Branch, 300 Sower Blvd., 2nd Floor, Frankfort, KY 40601.

Asbestos

Renovation and demolition activity involving buildings containing asbestos or Regulated Asbestos-Containing Material (RACM) may be subject to federal and state asbestos regulations. Visit the DAQ "Asbestos Notifications" webpage for more information on those requirements.

For detailed information on asbestos, as well as information on Kentucky-accredited asbestos abatement professionals and contractors, please visit the DAQ "Asbestos" webpage.

Waste Permitting with the Division of Waste Management (DWM)

The Kentucky Division of Waste Management (DWM) ensures the proper management of waste through permits and registrations. Anyone who generates, stores, transports, processes, recycles, or disposes of solid waste or hazardous waste may be subject to these authorizations. Before going forward with any of these activities, it is important to determine what types of authorizations are required by DWM.

Municipal Solid Waste

Examples of municipal solid waste facilities include:

Landfills
Material recovery facilities
Transfer stations
Composting facilities
Beneficial reuse
Waste tire sites

Permits and Registration types:

Permit-by-Rule (PBR)
Registered Permit-by-Rule (RPBR)
Formal Permit
Waste Tire Registration

More information about these specific permits can be found on the DWM's Solid Waste Branch's webpage and the Recycling and Local Assistance Branch's webpage.

Hazardous Waste (HW)

Hazardous Waste Generation

From the EPA's Hazardous Waste website, "a hazardous waste is a waste with properties that make it dangerous or capable of having a harmful effect on human health or the environment. Hazardous waste is generated from many sources, ranging from industrial manufacturing process wastes to batteries and may come in many forms, including liquids, solids gases, and sludges."

Hazardous waste generators are individuals or businesses that produce hazardous waste in amounts beyond established thresholds. Kentucky defines three categories of hazardous waste generators: Very Small Quantity Generators (VSQGs), Small Quantity Generators (SQGs), and Large Quantity Generators (LQGs). Categories are based on the quantity of hazardous waste generated in one calendar month.

Depending on the amount of hazardous waste and/or the type of activity, a registration or permit may be required.

Generator Class	HW Generated in One Calendar Month	Acute HW Generated in One Calendar Month
VSQG	≤ 220 lbs	≤ 2.2 lbs
SQG	> 220 ≤ 2,200 lbs	≤ 2.2 lbs
LQG	≥ 2,200 lbs	> 2.2 lbs

VSQGs generate less than 220 pounds of HW and less than 2.2 pounds of acute HW in one month. SQGs generate between 220 and 2,200 pounds of HW and less than 2.2 pounds of acute HW per month. LQGs generate more than 2,200 pounds of HW or more than 2.2 pounds of acute HW per month.

VSQGs are not required to register unless they need to obtain an EPA ID number. Generator status affects how HW is managed in terms of storage, storage times, recordkeeping, reporting, transportation, processing, and/or final disposal. SQGs and LQGs must notify and register with DWM using the Hazardous Waste Form 8700 RCRA Form (eForm ID 108).

The DWM's "Registration Fee Schedule" provides information on the fees associated with various HW generator activities.

More information on HW in Kentucky can be found on the DWM's Hazardous Waste Branch's webpage.

On-site Treatment of Hazardous Waste

Hazardous waste may be treated onsite by the generator under certain conditions and with approval by DWM's Hazardous Waste Branch. An initial proposal for onsite treatment activities by a generator must be accompanied by a clear explanation of the process, a description of all wastes to be handled by the process, the capacity of the process, the type of unit in which the process will be conducted, documentation that the process will adequately protect public health and the environment, and other pertinent information. A list of requirements for on-site treatment can be found in the Hazardous Waste Branch's "Treatment On-Site Determination Request" document.

Hazardous Waste Treatment, Storage, and Disposal Facilities

A Hazardous Waste Treatment, Storage and Disposal (TSD) Facility Permit is required before constructing and operating a facility that treats, stores, or disposes hazardous of waste onsite. Some industries obtain TSD permits to store containers or tanks for extended periods. Information on the fees to construct and operate TSD facilities can be found in the Hazardous Waste Branch's "Permit Fee Schedule" document.

Universal Hazardous Waste

The universal waste (UW) designation applies to:

Aerosol cans
Batteries
Lamps (lightbulbs)
Mercury-containing devices
Pesticides

Normally, these items would be considered hazardous waste and would have stringent requirements for their disposal. However, since these are so common, they have their own categorization that

eases the regulatory burdens on their generators,
makes them easier to recycle,
and helps keep them out of landfills.

More information on the difference between hazardous waste and universal waste regulations can be found on the EPA's website.

Underground Storage Tanks

Kentucky’s underground storage tank (UST) regulations and procedures are established in 401 KAR Chapter 42. Installation, repairs, or modifications of UST systems are permitted and planned by the Office of the Kentucky State Fire Marshal. Permit applications and other information can be found on their Hazardous Materials Section website. Owners are also required to submit a Notice of Intent to Install Underground Storage Tank or Piping (DWM 43221) at least fourteen (14) days before installing a UST or piping run. This time is to give the DWM the opportunity to send someone out to be present during the installation.

All owners and operators of regulated UST systems must register with the DWM UST Branch within 30 days of becoming operational, and within thirty (30) days of changes made to information on the registration.

Owners and operators are also responsible for ensuring that UST systems are operated, maintained, and tested in accordance with regulatory requirements. Confirmed releases, spills, and overfills must be reported immediately to the cabinet’s 24-hour Environmental Response Line at 1-800-928-2380 or (502) 564-2380. An owner or operator must immediately report any suspected release to the cabinet’s 24-hour Environmental Response Line, unless all three of these conditions are met:

System equipment is found not to be releasing regulated substances into the environment,
Any defective system equipment or component is immediately repaired or replaced, and
For secondarily-contained systems, any liquid in the interstitial space not used as part of the interstitial monitoring method is removed immediately.

DWM’s UST Branch also regulates the permanent closure of UST systems. As with installation, the DWM Regional Office must be notified fourteen (14) days before the permanent closure of a UST or an entire piping run. A UST removal contractor certified by the State Fire Marshal must perform all permanent closures.

More information can be found in the 42-020 UST System Compliance Manual PDF or the DWM's Underground Storage Tank Branch's webpage.

Waste Tires

Waste tires are tires not used for their original, intended purpose due to wear or damage, used tires stored for resale, and processed waste tire material. On-the-road tires, as well as off-road tires, are subject to Kentucky’s Waste Tire Program, which requires transporters, accumulators, and processors of waste tires to obtain a registration (KRS 224.50-85) and post financial assurance (KRS 224.50-862).

More information can be found on DWM's "Waste Tire Permitting" webpage.

Water Permitting with the Division of Water (DOW)

A Kentucky Division of Water (DOW) permit is required whenever activities involve a withdrawal of water, a location within a floodplain, a discharge into the state’s waters, or a threat to a water resource. DOW permits are generally required for construction activities and activities associated with wastewater treatment.

Kentucky Pollutant Discharge Elimination System (KPDES)

Section 401 Water Quality Certification (WQC)

The DOW §401 Water Quality Certification Program reviews and authorizes selected federal licenses and permits. Any person, firm, or agency (including federal, state, and local government agencies) that plans to work, or to deposit or place dredged or fill material, in streams or wetlands, should contact the local office of the U.S. Army Corps of Engineers (USACE) and the DOW Water Quality Certification Section to obtain a permit.

Examples of federal licenses and permits subject to state §401 Water Quality Certification include those issued by the USACE for discharge of dredged or fill material under Clean Water Act §404 and Rivers and Harbors Act §9 and §10, and hydropower licenses issued by the Federal Energy Regulatory Commission (FERC). A §401 Water Quality Certification from the Commonwealth of Kentucky affirms that the discharge will not violate Kentucky water quality standards.

Examples of activities that may require a certification from the Division of Water include:

Placement of dredged or fill materials into waters and/or wetlands
Structural fill, such as culverts and bridge supports
Road and utility crossings
Gravel mining/removal
In-stream basins
Dredging, excavation, channel widening, or straightening
Flooding, excavating, draining, and/or filling a wetland
Bank sloping; stabilization
Stream channel relocation
Water diversions
Divert, obstruct, or change the natural flow or bed stream and/or wetlands
Construct a barrier across a stream, channel, or watercourse that will create a reservoir: dams, weirs, dikes, levees or other similar structures

https://eec.ky.gov/Environmental-Protection/Water/PermitCert/WQ401Cert/Pages/default.aspx

Floodplain Construction

The DOW is authorized through KRS 151 to manage development in floodplains. Any type of development in, along, or across a stream requires a floodplain permit from the Division. Typical activities requiring a permit include, but are not limited to, residential & commercial structures, stream crossings, fill, stream alterations & relocations, excavation, grading, and small stream impoundments. State floodplain development requirements are outlined in 401 KAR 4:060.

General Permits

The DOW's General Permit for Floodplain Development (KY FPGP) approves development that does not change the Base Flood Elevation and has minimal flood risk potential. The KY FPGP permit lists 15 eligible activities listed that can be conducted under this General Permit. Some of these eligible activities include riparian buffers, below grade utilities, guardrails, fences, campers & RVs, open space uses, stream obstruction removals, below grade swimming pools outside the floodway, and more. Permittees utilizing this general permit are required to maintain a copy of the KY FPGP on site throughout construction.

The DOW's Floodplain General Permit for Nonsubstantial Improvement of Structures (KY FPGP-NSUB) approves nonsubstantial improvements to existing structures per State and FEMA Federal Regulations. The cost of improvements including labor must be less than 50% of the structure valuation to be categorized as nonsubstantial. Permittees utilizing this permit are required to maintain copies of the KY FPGP-NSUB Permit, an itemized list of improvement repair cost and the structure valuation documents used to document Nonsubstantial Improvement categorization on site throughout construction.

One of the benefits of these General Permits is the permittee is not required to submit an application for review by the DOW. The eligible activities are already approved with conditions listed on the applicable permit. Additionally, there are no Public Notice requirements for the permittee as the General Permits have already been noticed by the Division. Both General Permits exclude activities such as new structures (residential, non-residential, and appurtenant), structures impounding water, and developments occurring in special use waters, exceptional waters, or outstanding state resource waters.

Any proposed developments that do not meet the eligibility requirements for the General Permits, or that have the potential to change the Base Flood Elevation, are required to obtain an Individual Permit from the DOW.

Individual Permit

401 KAR 4:060 lists the stream construction criteria for development along, across, or adjacent to a stream. These regulations require that an application be completed by the applicant and submitted to the DOW for review. This regulation also requires that a public notice is given as part of the stream construction permit application process.

Apply for a state floodplain construction permit.

Application submission instructions are available.

Local Communities

In addition to the state floodplain development permits, local permits are also required. Communities that participate in the National Flood Insurance Program (NFIP) are required to review & issue local floodplain permits in addition with state floodplain permits. Kentucky statute gives local communities the authority to adopt higher standards than the statewide minimum requirements. Locally adopted higher standards benefit communities by reducing flood damage and the overall impacts of floods. These impacts include human risk, environmental damage, property damage, flood insurance claims, displacement of residents, and burden on community infrastructure and services.

Talk to your local floodplain coordinator about community specific development requirements or about applying for a local permit.

More information can be found on the DOW's "Understand your Flood Hazards" webpage.

Water Withdrawal

Water withdrawal refers to an amount of groundwater or surface water that is removed from its source, either permanently or temporarily, for a useful purpose. Permits or authorizations are required for any water withdrawals of 10,000 gallons per day or more of public water of the Commonwealth. Public water of the Commonwealth is defined as water occurring in any stream, lake, ground water, subterranean water or other body of water. Permits or authorizations may be required for withdrawals made on an irregular basis and at an irregular rate if a significant portion of the available water is withdrawn or if data and information collection is necessary to make a determination. Withdrawals made without permits or authorizations are subject to penalties provided in KRS 151.

Exceptions

Permits or authorizations are NOT required for the following:

Withdrawals of less than 10,000 gallons per day
Use of water for agricultural and domestic purposes including irrigation
Production of steam generating plants of companies whose retail rates are regulated by the Kentucky Public Service Commission
Water injected underground in conjunction with operations for the production of oil or gas

To apply for a water withdrawal, please submit a Water Withdrawal Application. The application also provides more detailed information on requirements, as well as subimttal instructions. You can also find more information on the DOW's "Water Withdrawal" webpage.

Groundwater Protection Plan (GPP)

A GPP identifies activities at a site that have the potential to pollute groundwater and defines best management practices (BMPs) used to protect groundwater.

A GPP is required if you conduct any of the activities listed in Section 1(1) of 401 KAR 5:037. Some of these activities include:

Using pesticides or fertilizers for business purposes, maintaining public roadsides, or caring for lawns at places like schools, parks, or businesses.
Storing, treating, handling, or getting rid of waste (including hazardous or special waste) in places like landfills, incinerators, tanks, drums, or piles.
Storing or handling large amounts of materials or products for business or industrial use, including raw materials, finished goods, or recyclable substances.
Installing or using septic systems or other on-site sewage systems.
Storing materials like road oil, dust control chemicals, or deicing products (like salt) in one main location.
Applying or handling road oil, dust control products, or deicing materials on roads or surfaces.
Building, using, or closing wells, boreholes, or core holes in the ground.
Collecting or disposing of pollutants in a business or industrial building using floor drains that are not properly connected to approved waste or treatment systems.
Holding or containing pollutants in open areas like lagoons, pits, ditches, or similar structures.
Moving large amounts of materials or pollutants in a commercial or industrial setting, including loading and unloading them.

For more information, please visit the DOW's "Groundwater Protection Plans" webpage.

Dam Construction

In Kentucky, a dam is defined as any impounding structure that is either 25 feet in height, measured from the downstream toe to the crest, or has a maximum impounding capacity of 50 acre-feet of water (KRS 151). Structures that fail to meet these criteria but have the potential to cause significant property damage or pose a threat to life in the downstream area are regulated in the same manner as dams. All such structures except federal dams and those permitted by the Division of Mine Reclamation and Enforcement must be reviewed, and a stream construction permit must be issued by the DOW.

Construction inspections are performed periodically and during critical stages of work. Upon completion of construction, the owner submits a notice of completion and as-constructed drawings. When as-constructed drawings are received, a final inspection is conducted. If all work is satisfactory, the owner is granted permission to impound water and the completed dam is placed on the inventory of dams maintained by the section.

For more information, please visit the DOW's "Dam Safety" webpage.

Local Authorizations for Discharges

Some activities that require additional approval at the local level prior to discharging wastewater.

Septic System Installation

Septic systems require approval from the local health department.

Municipal Water Pretreatment

Facilities that discharge wastewater to a municipal system are bound to pretreatment limits, approvals, and permits set by the local authority.

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Disclaimer:

Kentucky’s Environmental Compliance Assistance Program (ECAP) developed this guide as an introduction to various environmental permits and authorizations issued by the Kentucky Department for Environmental Protection (DEP). It is intended to serve as a reference guide for anyone who needs to determine if environmental permits or authorizations are needed for any current or planned activities. It is important to note that this guide does not include every permit and authorization issued by DEP. Individuals should contact department staff for assistance with identifying all permits or authorizations that may apply to their unique circumstances.

Contact the ECAP team at envhelp@ky.gov or (502) 782-6189.

Environmental Permitting in Kentucky An Overview of Common Permits Required by the Divisions for Air Quality, Waste Management, and Water

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