Brittany Sortor, Environmental Scientist II

Air Quality Standards; Stationary Sources; Clean Air Act

This administrative regulation establishes standards of performance for new stationary sources (NSPS) by referencing the NSPS, codified in 40 C.F.R. Part 60, pursuant to Section 111 of the Clean Air Act (CAA).

This administrative regulation is necessary to control the emissions of air pollution from stationary sources which have been reasonably determined to endanger public health or welfare. This administrative regulation is necessary to be consistent with the federal regulations codified at 40 C.F.R. Part 60, and for the Energy and Environment Cabinet (Cabinet) to retain delegation of authority for implementation and enforcement of the standards established under 40 C.F.R. Part 60.

KRS 224.10-100(5) authorizes the Cabinet to promulgate administrative regulations for the prevention, abatement, and control of air pollution. 42 U.S.C. 7416 requires that state authorities not adopt or enforce emission standards or limitations that are less stringent than the federal standards. This administrative regulation updates the NSPS to be consistent with the federal standards.

This administrative regulation will enable the Cabinet to continue to implement and enforce the NSPS requirements established in 40 C.F.R. Part 60, pursuant to Section 111 of the CAA. The standards established for stationary sources require emission reductions using control technologies and work practice standards, resulting in cleaner air and the protection of human health and the environment.

This amendment updates the existing administrative regulation to include amendments to 40 C.F.R. Part 60 that have been promulgated by U.S. EPA since the last amendment of this administrative regulation. These updates are current through July 1, 2025.

This amendment is necessary for state standards of new stationary sources to be consistent with the federal standards established in 40 C.F.R. Part 60. This amendment is necessary for the Cabinet to retain delegation of authority to implement and enforce the federal NSPS program, and to be no less stringent than the federal standards in 40 C.F.R. Part 60.

The amendment conforms to the content of the authorizing statute by adopting standards from new stationary sources that protect human health and welfare. The amendment also conforms to the authorizing statute by being no less stringent than the federal standards in 40 C.F.R. Part 60.

The amendment adopts the federal NSPS to provide for consistency between state and federal regulations for new stationary sources. The new provisions will be enforceable by the Cabinet.

No

Individuals, businesses, organizations, or state and local governments that have a federal 40 C.F.R. Part 60 requirement will be affected by this administrative regulation; however, there are no additional requirements beyond those in 40 C.F.R. Part 60 NSPS, which are already being complied with at the federal level. The Cabinet will retain delegation of authority for the implementation and enforcement of these requirements.

Regulated entities are already subject to the 40 C.F.R. Part 60 NSPS requirements at the federal level and will not have to take any additional action to comply with this proposed amendment.

Regulated entities are already subject to 40 C.F.R. Part 60. This amendment will allow the Cabinet to retain delegation of authority for implementation and enforcement of these requirements. Regulated entities will work with the Cabinet to comply with these requirements instead of the U.S. EPA.

As a result of compliance, regulated entities will not be subject to enforcement actions. The standards established in 40 C.F.R. Part 60 limit the emissions of air pollutants, protecting public health and welfare.

The Cabinet will not incur any additional costs for the implementation of this administrative regulation initially.

The Cabinet will not incur any additional continuing costs for the implementation of this administrative regulation on a continuing basis.

The Cabinet’s current operating budget will be used for the implementation and enforcement of the amendment to this administrative regulation.

No increase in fees or funding is necessary to implement this administrative regulation.

This administrative regulation does not establish any fees, nor does it directly or indirectly increase any fees.

Yes, tiering is applied. Standards for new stationary sources differ based on source category and applicability thresholds. However, this administrative regulation adopts the same standards as the federal regulations codified in 40 C.F.R. Part 60.

U.S. EPA promulgated the federal regulations in 40 C.F.R. Part 60, pursuant to 42 U.S.C. 7411 (Section 111 of the Clean Air Act).

This administrative regulation establishes performance standards for new stationary sources.

42 U.S.C. 7411 establishes the requirements for the Administrator to develop performance standards for new stationary sources.

No. This administrative regulation is being amended to adopt the same standards as the federal regulations codified in 40 C.F.R. Part 60.

This amended administrative regulation does not impose stricter standards, or additional or different responsibilities or requirements.

KRS 224.10-100(5), 224.20-120, 42 U.S.C. 7411, 40 C.F.R. Part 60.

The Division for Air Quality in the Energy and Environment Cabinet will retain delegation of implementation and enforcement of the standards in 40 C.F.R. Part 60 as part of this amendment. Any state agency that has a source with an applicable NSPS requirement established in 40 C.F.R. Part 60.

There is no known effect on current expenditures.

There is no known effect on current revenues.

There no known effect on cost savings.

The expenditures, revenues, and cost savings will not change in subsequent years.

Any entity that has a source with an applicable NSPS requirement established in 40 C.F.R. Part 60.

There is no known effect on current expenditures.

There is no known effect on current revenues.

There no known effect on cost savings.

The expenditures, revenues, and cost savings will not change in subsequent years.

Any regulated entity that has a source with an applicable NSPS requirement established in 40 C.F.R. Part 60.

There is no known effect on current expenditures.

There is no known effect on current revenues.

There no known effect on cost savings.

The expenditures, revenues, and cost savings will not change in subsequent years.

There is no impact. This administrative regulation adopts by reference 40 C.F.R Part 60 in order for the Division for Air Quality to maintain the delegation of implementation and enforcement authority from the EPA. Sources interact directly with the division.

The method was done at the federal level. Each time EPA promulgates a new or updated NSPS, that rulemaking is accompanied by a Regulatory Impact Analysis that includes financial burdens associated with the rulemaking for the regulated entities expected to be impacted. The Division for Air Quality does not do an additional review beyond what is done at the federal level, as the Division is no more stringent than the federal requirements. Information on specific RIAs for a promulgated NSPS can be found in the associated federal rulemaking and docket documents on federalregister.gov.

This administrative regulation will not have a major economic impact because all affected sources are already required to comply with the federal regulations at the federal level. The amendment to this administrative regulation adopts by reference federal requirements for which any regulated entity has already incurred any associated costs.

This administrative regulation references requirements and standards that are developed by US EPA. US EPA has similar requirements for fiscal impacts and a regulatory impact analysis when promulgating new regulations related to NSPS. Since analysis for each individual NSPS occurred at the federal level, and the state is not adding any additional requirements, the Division has concluded that the adoption of the federal standards at the state level does not constitute a major economic impact. Any information on economic impact of individual NSPS can be found in the EPA's promulgation documents for that standard, which is available publicly.