APCD Notice of Public Comment Period for Draft Regulation 2.04

April 16, 2021

Louisville Metro Air Pollution Control District
Notice of Public Comment Period

What action is the District taking?

The Louisville Metro Air Pollution Control District opens a comment period April 17, 2021, on a Certification that Regulation 2.04, Construction or Modification of Major Sources in or Impacting upon Non-Attainment Areas (Emission Offset Requirements), version 7, satisfies the requirements of the Clean Air Act, Nonattainment New Source Review (NNSR) program requirements for the 2015 8-hour ozone NAAQS. The District intends to submit this certification for EPA's approval as a revision to the Kentucky State Implementation Plan (SIP).

How can I comment on this action?

You can comment in writing by emailing [email protected], 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., May 18, 2021. Oral statements will be accepted at a public hearing held via teleconference (due to the COVID-19 outbreak) at 10:00 a.m., May 19, 2021. 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 proposed certification letter may be obtained from the District by contacting us at (502)574-6000. Please specify that you are calling about the certification of Regulation 2.04, version 7, 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

Because Louisville has been designated nonattainment by EPA for the 2015 ozone NAAQS, the District is required to implement an NNSR program. Due to previous nonattainment ozone designations, the District has an existing NNSR program. The District continues to operate under the provisions approved by EPA. Therefore, the District is certifying that no further actions are necessary to satisfy the NNSR requirements for the 2015 ozone marginal nonattainment areas.

The District previously shared an Advance Notice of Proposed Rulemaking (ANPR) for an updated version of Regulation 2.04. The District intends to continue working toward proposed revisions and make a formal proposal in the coming months. However, to meet the required deadline for a SIP submittal, the District is proposing submitting this certification in the meantime.
Who is affected by this rule?

Regulation 2.04 only applies to new major sources and major modifications in nonattainment areas.

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

Because no changes are being proposed and this certification would not affect the more stringent requirements contained in other District requirements such as the Strategic Toxic Air Reduction (“STAR”) Program or the standards for existing and new facilities in Parts 6 & 7 of the District’s Regulations, no emissions changes are anticipated.

What is the timeline for this action?

The District is seeking feedback on this proposal until May 18, 2021. The District is required to submit a final rule or certification to the Kentucky Division for Air Quality (DAQ) in time for the state to make a final SIP submittal to EPA by August 3, 2021, the deadline imposed due to the area’s designation as nonattainment.

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