Current and Proposed Statutes and Regulations
The proposed statutes and regulations and their status can be found using the Department for Environmental Protection's DEP Regulation Tracker.
Interested parties can view and download current and proposed environmental laws related to the Department for Environmental Protection (DEP) using the resources on this page and others. Some of the links on this page will take you off the Energy and Environment Cabinet (EEC) website and are provided solely as a courtesy to those interested in the information. Please refer to the instructions and details provided on the external websites before relying on or using the linked information as the website may contain unofficial versions.
Current Environmental Protection Laws
Federal
Kentucky
Kentucky Federal Program Delegation Status
The EPA has delegated implementation of certain environmental protection programs to the Commonwealth of Kentucky. Under these programs, the EEC will be the primary agency for implementation within the Commonwealth. Further information is linked below:
Division for Air Quality
The EPA approvals of the federal Clean Air Act (CAA) Kentucky State Implementation Plans (SIPs) and CAA Section 111(d) State Plans can be found here:
Kentucky State Implementation Plans (SIPs) - eCFR :: 40 CFR Part 52 Subpart S -- Kentucky
Clean Air Act Section (CAA) 111(d) State Plans - eCFR :: 40 CFR Part 62 Subpart S -- Kentucky
Summaries of proposed and finalized revisions to Kentucky's air quality State Implementation Plans (SIPs) by year:
State plans fall under Section 111(d) of the Clean Air Act. Each plan sets performance standards for certain facilities for specific pollutants. Visit the Division for Air Quality CAA Section 111(d) State Plans page to learn more about the specific state plans for different facilities regulated under these provisions.
Visit the Federal Delegation of New Source Performance Standards (NSPS) and National Emissions Standards for Hazardous Air Pollutants (NESHAPs) to Kentucky page to learn about Kentucky's delegation of the NSPS and NESHAP programs.
Division of Waste Management
The Commonwealth of Kentucky is authorized by the EPA to administer and enforce federal hazardous waste program established under Subtitle C of the Resource Conservation and Recovery Act (RCRA). Through this authorization, Kentucky implements its hazardous waste program in lieu of the corresponding federal regulations, provided the Commonwealth’s requirements are equivalent to, consistent with, and no less stringent than federal standards.
Although Kentucky is authorized to implement most provisions of the RCRA hazardous waste program, the EPA retains oversight authority and continues to implement certain federal requirements that cannot be delegated to states, including specific provisions enacted under the Hazardous and Solid Waste Amendments (HSWA) until the provisions are adopted by Kentucky and authorized by EPA. EPA also retains its inspection, enforcement, and emergency authorities under RCRA.
Kentucky’s hazardous waste laws and regulations are codified in KRS Chapter 224 and 401 KAR Chapter 39, and are updated as necessary to maintain consistency with applicable federal requirements. EPA maintains a comprehensive State Authorization Tracking System (StATS) documenting status and all approved program revisions.
For additional information regarding Kentucky’s RCRA authorization status, program revision history, and current authorization activities, visit the following EPA resources:
Division of Water
In accordance with the federal Clean Water Act (CWA), Congress gave states the responsibility to establish objectives or goals for managing, maintaining, and enhancing water quality, a responsibility commonly referred to as state water quality standards (WQS). Kentucky's administrative regulations regarding WQS are contained in 401 KAR Chapter 10. States are required to perform periodic reviews of WQS and hold a public hearing every three years, known as the Triennial Review, pursuant to Section 303(c)(1) of the CWA.DOW Triennial Review Information
For information about Kentucky's primary enforcement responsibility for the Safe Drinking Water Act (SDWA), visit this page:
Federal Safe Drinking Water Act (SDWA) Primacy Enforcement Responsibility for Public Water Systems
Regulations in Development
Summaries and other information related to proposed rules in development are accessible on the DEP Regulations Tracker.
Proposed rules will not go into effect until the public has an opportunity to submit written comments, and to attend a public hearing unless it is cancelled for lack of participation in accordance to KRS Chapter 13A . Any person may offer comments on a proposed rule.
Please note that the official text of a proposed rule is the version that appears in Administrative Register of Kentucky, not the copy on this site. Pre-vetting of regulations will not result in a written response from the Department. However, the information will be considered in regulation development before filing with the Legislative Research Commission.
General overview of the Kentucky regulations promulgation process cycle - LRC KAR FAQs
KY LRC Committee Meetings on YouTube - LRC YouTube Channel
Find federal rulemakings and notices Federal Register.gov and access federal rulemaking dockets and submit comments at Regulations.gov.