Air Pollution Control District Notice of Public Comment Period and Hearing

November 19, 2021
Louisville Metro Air Pollution Control District Notice of Public Comment Period and Hearing

 

What action is the District taking?

The Louisville Metro Air Pollution Control Board opens a public comment period November 19, 2021, on proposed amendments to Regulation 1.06, Stationary Source Self-Monitoring, Emissions Inventory Development, and Reporting, Version 11; Regulation 1.15, Version of Federal Regulations Adopted and Incorporated by Reference, Version 21; Regulation 2.04, Construction or Modification of Major Sources in or Impacting upon Non-Attainment Areas (Emission Offset Requirements), Version 8; and Regulation 2.17, Federally Enforceable District Origin Operating Permits, Version 5; that were proposed on November 17, 2021. If adopted by the Board, the amendments to Regulations 1.06, 2.04, and 2.17 will be submitted to US EPA for inclusion in the Kentucky State Implementation Plan.

How can I comment on this action?

You can comment in writing online at https://louisvilleky.wufoo.com/forms/comment-on-apcd-proposed-action, or by mail to the Board Secretary-Treasurer, Byron Gary, Louisville Metro Air Pollution Control District, 701 W. Ormsby Ave., Suite 303, Louisville, Ky 40203, until 5:00 p.m., January 14, 2022. Oral statements will be accepted at a public hearing held via teleconference (due to the COVID-19 outbreak) at 10:00 a.m., January 19, 2022. Instructions on attending the teleconference will be posted at www.louisvilleky.gov/APCD/Docket before the meeting and emailed to subscribers of APCD Public Notices (https://louisvilleky.gov/government/air-pollution-control-district/subscribe-stay-informed-apcd).

Where can I get a copy of the proposed action?

A paper copy of the proposal may be obtained from the District by contacting us at (502)574-6000. Please specify that you are calling about Regulations 1.06, 1.15, 2.04, and 2.17, provide your name and mailing address, and allow time for processing and delivery via USPS. An electronic copy of the proposal may be downloaded from the District’s website at www.louisvilleky.gov/APCD/Docket.

Summary of proposal

Details of the changes to each regulation can be found in the Preliminary Regulatory Impact Assessment (PRIA) for each regulation by contacting the District, or at the website above. A brief summary of the proposed changes follows.

  • Regulation 1.06 – proposal to update the threshold for required reporting of ozone precursor emissions from 25 tons per year (tpy) of actual emissions to 25 tpy of potential emissions.
  • Regulation 1.15 – proposal to update the date of the version of Code of Federal Regulations (CFR) where federal regulations are incorporated by reference in District regulations.
  • Regulation 2.04 – proposal to change the rule to match minimum federal standards in 40 CFR §51.165, including adopting various “New Source Review Reform” amendments made from 2002 to 2020.
  • Regulation 2.17 – proposal to add a requirement for timely application.

Who is affected by this rule?

What types of facilities does the rule cover?

The proposals each affect a range of sources. Regulation 1.06 has a lower end threshold of 25 tpy of emissions. 1.15 affects federal regulations adopted in District regulations 5.02 and 7.02, which affect both major and “area” sources. 2.04 affects only major new sources or major modifications. 2.17 affects Federally Enforceable District Origin Operating Permits (FEDOOPs), also known as synthetic minor sources – those with the potential to be major sources but that accept limits to avoid major source permitting thresholds.

What are the demographics of those living in the area or impacted by the proposal?

APCD-permitted facilities are largely clustered around neighborhoods where people of color and lower-income people reside, and predominantly impact these people. As stated above, these proposals potentially affect a range of permitted sources. The maps below show the location of APCD-permitted facilities compared to U.S. Census Bureau American Community Survey demographics of black or African American population (left), and median income (right).

20211119 Notice of Public Comment Period and Hearing Map

Will this action lead to an increase or decrease in emissions?

No immediate change in emissions would result from these proposals. Changes to Regulation 1.06 would require more facilities to report emissions. The amendments to Regulation 1.15 incorporate a variety of changes to federal rules. Regulation 2.04, version 8, would effectively make it easier for modifications at major sources to avoid being deemed “major modifications”, and avoid New Source Review. Regulation 2.17, if amended, would require source to apply at certain periods before operating without a valid permit, allowing earlier work to begin on permits for these facilities.

Will this proposal create patterns of advantage or disadvantage based on identity?

As noted above, permitted facilities affected by these proposals tend to be located near areas of residence of persons of color and persons of lower income. The potential impact, or pattern of disadvantage, already set by this pattern may be exacerbated or lessened depending on the impact of the various rules. See the Preliminary Regulatory Impact Assessment (PRIA) for each proposal for more detail.

What is the timeline for this action?

This notice opens the public comment period, running to January 14, 2022. A public hearing will be held at the January meeting of the Air Pollution Control Board, on January 19, 2022 at 10 a.m.. The Board may take action on the proposals as early as that meeting.

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