Environmental Quality Commission 2013 Annual Meeting June 5, 2013

1. Environmental Quality Commission2013 Annual MeetingJune 5, 2013 John Lyons, DirectorKentucky Division for Air Quality To Protect and Enhance Kentucky’s Environment

2. Topics Covered • Air Quality Trends • Non-attainment Status • Near Road Monitoring • Mercury and Air Toxics Standards • Air Toxics and Permitting

3. 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

4. Air Quality Trends

7. 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

8. 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

9. 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

10. Attainment of the NAAQS if deemed appropriate establishes every 5 years 2 years 1 year 3 years 1 year

11. Attainment Status

12. 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

13. Proposed Jefferson Co. Site • Aerial photo of proposed site location – 1517 Durrett Lane, 0.90 miles north of the I-264/I-65 interchange.

14. 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

15. 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

16. Questions? Contact Information: John Lyons Director Kentucky Division for Air Quality 200 Fair Oaks Lane 1st Floor Frankfort, KY 40601-1403 John.Lyons@ky.gov (502) 564-3999 ext.4400