Lisa Jones

This administrative regulation provides the list of hazardous air pollutants (HAPs) pursuant to 42 U.S.C. 7412(b) of the Clean Air Act (CAA) and as promulgated in the National Emission Standards for Hazardous Air Pollutants (NESHAP) for source categories in 40 C.F.R. Part 63 by the U.S. EPA.

This administrative regulation is necessary to identify HAPs 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 63, 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 63.

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 HAPs list to be consistent with the federal HAP list.

This administrative regulation will enable the Cabinet to continue to implement and enforce the control of emissions associated with requirements established in 40 C.F.R. Part 63, pursuant to Section 112 of the CAA.

This amendment updates the existing administrative regulation to include an amendment to 42 U.S.C. 7412(b) which adds 1-Bromopropane as a new HAP.

This amendment is necessary for the state emission standards for NESHAPs to be consistent with the federal requirements established in 40 C.F.R. Part 63. This amendment is necessary for the Cabinet to retain delegation of authority to continue to implement and enforce the federal NESHAP program, and be no less stringent than the federal requirements.

The amendment conforms to the content of the authorizing statute by adopting a listing of hazardous pollutants consistent with the list established in 40 C.F.R. Part 63.

The amendment adopts federally regulated HAPs to provide for consistency between federal and state regulations for source categories. The control of the new NESHAP pollutant will be enforceable by the Cabinet.

There are no specifically identified individuals, businesses, organizations, or state and local governments affected by this administrative regulation. However, emissions of 1-BP will be included in a permit applicant’s emissions calculations. This could potentially change the applicant’s permitting classification. Sources will be impacted upon EPA promulgation of updated or new NESHAP regulations which set emissions standards for the newly listed HAP. The Cabinet will retain delegation of authority for implementation and enforcement of these requirements.

Regulated entities will not be subject to any additional requirements due to this amendment.

There is no additional cost to the regulated entities to comply with this amendment as the amendment simply adds a HAP to the list of regulated HAPs. This amendment will allow the Cabinet to retain delegation of authority for implementation and enforcement of the NESHAPs.

There is no compliance with this administrative regulation.

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

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

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.

No. This administrative regulation lists HAPs consistent with the federal HAP list.

U.S. EPA promulgated the federal regulations related to the HAP listings in 40 C.F.R. Part 63, pursuant to 42 U.S.C. 7412.

This administrative regulation provides the list of HAPs pursuant to 42 U.S.C. 7412(b) as amended in 40 C.F.R. Part 63, Subpart C and the list of source categories and subcategories.

42 U.S.C. 7412 requires that the U.S. EPA promulgate NESHAPs for source categories.

No. This administrative regulation is being amended to adopt the same standards as the federal regulations codified in 40 C.F.R. Part 63.

Stricter standards or additional or different responsibilities or requirements are not imposed.

The Cabinet will continue to permit sources in accordance with this administrative regulation.

KRS 224.10-100(5), 224.20-110, 40 C.F.R. Part 63, Part 70, 42 U.S.C. 7401-7671q.

The proposed administrative regulation will not generate revenue in the first year.

The proposed administrative regulation will not generate revenue in subsequent years.

The Cabinet’s current operating budget will be used to administer this program for the first year.

The Cabinet’s operating budget will be used to administer the program for subsequent years.

There is no known effect on current revenues.

There is no known effect on current expenditures.

There is no other explanation.

The proposed administrative regulation will not generate cost savings for any regulated entities in the first year.

The proposed administrative regulation will not generate cost savings for any regulated entities in subsequent years.

There is no known cost to the regulated entities in the first year.

There is no known cost to the regulated entities in subsequent years.

There is no known cost savings.

There is no known effect on current expenditures.

There is no other explanation.

"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] This proposed administrative regulation will not have a major economic impact.