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