Environmental Quality Commission2013 Annual Meeting

June 5, 2013

John Lyons, DirectorKentucky Division for Air Quality

To Protect and Enhance Kentucky’s Environment

Topics Covered• Air Quality Trends

• Non-attainment Status

• Near Road Monitoring

• Mercury and Air Toxics Standards

• Air Toxics and Permitting

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National Ambient Air Quality Standards• National Ambient Air Quality Standards (NAAQS) are set

for six widespread and common Criteria Pollutants• Particulate Matter• Ozone• Lead• Sulfur Dioxide• Nitrogen Oxides• Carbon Monoxide

• Section 109 of CAA: EPA shall propose regulations prescribing a NAAQS for each criteria pollutant

• These standards shall be based on a margin of safety adequate for protecting public health

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Air Quality Trends

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NAAQS Review & Setting of New Standards

• The CAA requires NAAQS to be reviewed at 5 year intervals & revised as deemed necessary

• Reviewing the NAAQS is a lengthy undertaking and includes several major phases

• Planning• Science Assessment• Risk/Exposure Assessment• Policy Assessment• Rulemaking

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Designation Process• When a new standard is set:

– States have 1 year to make designation recommendations to EPA based on

• Air quality data• Emissions data• Level of control of emission sources• Population density and degree of urbanization• Traffic and commuting patterns• Growth rate and patterns• Meteorology• Geography/topography • Jurisdictional boundaries

– EPA has 1 year to review state designation recommendations, modify the recommendations if necessary, and make final attainment/nonattainment area designations

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State Implementation Plans• Clean Air Act requires states to create a specific plan to

achieve the NAAQS for each area designated nonattainment

• A State Implementation Plan (SIP) is an air quality plan that shows how to attain or maintain the NAAQS and bring an area back into attainment

• Each state is responsible for developing SIPs to demonstrate how standards will be achieved, maintained, and enforced

• Plans provide for the implementation and enforcement of emission control measures from all source categories

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Attainment of the NAAQS

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establishes every 5 years if deemed appropriate

1 year 1 year 3 years 2 years

Attainment Status

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  Nonattainment (partial county) – 2008 8-hour ozone  Nonattainment (whole county) – 2006 PM2.5

Attainment

Near Road Monitoring• February 9, 2010 – EPA finalizes requirements for

new 1-hour NO2 standard.

• NO2 is a large component of mobile emissions

• Near road site location

• Core-based statistical area with population >500,000

• Site operational by January 1, 2014

• Site operated by LMAPCD

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Proposed Jefferson Co. Site• Aerial photo of proposed site location – 1517 Durrett Lane, 0.90 miles north of the

I-264/I-65 interchange.

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Mercury and Air Toxics Standard• Rule became effective on April 16, 2012

• Existing sources have 3 years to comply unless granted an extension

• New sources would have to comply upon startup

• Rule expected to reduce mercury emissions by 90%

• Other pollutants such as SO3 required to be controlled as well

• Multiple lawsuits have been filed on the rule

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Air Toxics and Permitting• State has a different program than LMAPCD

• Broadly governed under one regulation – 401 KAR 63:020

• Requires screening of air toxics, up to and including a formal risk assessment

• Has been in place since 2006

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Questions?

Contact Information:John Lyons

Director

Kentucky Division for Air Quality200 Fair Oaks Lane 1st FloorFrankfort, KY 40601-1403

John.Lyons@ky.gov(502) 564-3999 ext.4400