Workshop W Kentucky: Major Air Permitting, Regulatory & - PDF document

Workshop W Kentucky: Major Air Permitting, Regulatory & Compliance Developments Tuesday, March 26, 2019 3:30 p.m. to 4:45 p.m.

Biographical Information Sean Alteri, Deputy Commissioner, Kentucky Department for Environmental Protection 300 Sower Boulevard, Frankfort KY 40601 Sean.Alteri@ky.gov (502)782-6541 Sean Alteri was appointed to serve as the Deputy Commissioner of the Department for Environmental Protection in August 2018. Prior to his appointment, Mr. Alteri held various positions in the Division for Air Quality for more than 20 years of service. During his 20-year career with the Division, Sean worked as a Permit Engineer Assistant, Regulation Development Supervisor, Technical Services Branch Manager, and the Assistant Director. Most recently, Sean served as the Director since October 2013. Sean is a graduate of the University of Kentucky, College of Engineering (BS Chemical, 1997). Rebecca T. Cash, P.E. , Manager Air Section | Environmental Affairs, LG&E and KU 220 W. Main St, Louisville, KY 40202 502-627-4633 FAX: 502-217-2471 rebecca.cash@lge-ku.com Rebecca Cash started her career at the Kentucky Division for Air Quality as a permit reviewer and as a Supervisor in the Hazardous Waste Branch in the Kentucky Division of Waste Management. Rebecca then worked in environmental consulting for a number of years. In 2006, she joined the Kentucky Pollution Prevention Center (KPPC) at the University of Louisville as a sustainability engineer. At KPPC she worked with various commercial and industrial facilities on waste minimization and energy efficiency projects. In 2010, Rebecca joined LG&E and KU Energy (LKE) as an Environmental Engineer in the Air section. She transitioned to the Environmental Compliance Manager where she performed internal compliance audits and worked with personnel throughout the fleet to standardize environmental processes and develop compliance tools and resources. In March of 2019, Rebecca transitioned to Manager Environmental Air to manage the team responsible for the company’s regulatory compliance and strategy for Air Programs. Rebecca received a bachelor’s degree in chemical engineering from the University of Kentucky and has a PE in Environmental Engineering. Rebecca resides in Shepherdsville, KY with her spouse (Brian) and three children – Karena (19, currently attending Xavier University), Warner (17), and Lilah (13). Rebecca is active in volunteer activities at church and children and infant loss support groups. Carolyn M. Brown, Partner, Dinsmore & Shohl LLP 250 West Main Street, Suite 1400, Lexington, KY 40507 859.425.1092 Fax 859.425.1099 carolyn.brown@dinsmore.com Carolyn Brown is a partner with Dinsmore & Shohl LLP and chairs the firm’s Environmental Practice Group. Her practice focuses on all areas of environmental law and includes counseling on regulatory requirements, permitting and transactional issues as well as environmental litigation. She received her B.S. from the University of Kentucky in 1979 and her J.D. from the University of Kentucky in 1982. She is the immediate past chair of the Kentucky Chamber of Commerce Energy and Environment Policy Council. She previously chaired the Energy, Environment and Resources Law Section of the Kentucky Bar Association and has served on the Commerce Lexington Public Policy Council. She is a fellow in the American College of Environmental Lawyers and serves on the Board of Regents. Carolyn is resident in the firm’s Lexington office.

Kentucky Major Air Permitting, Regulatory and Compliance Developments Sean Alteri March 26, 2019

Mission To protect human health and the environment by achieving and maintaining acceptable air quality through: • Operation of a comprehensive air monitoring network; • Creating effective partnerships with air pollution sources and the public; • Timely dissemination of accurate and useful information and data; • Judicious use of program resources; and • Maintenance of a reasonable and effective compliance program. 2

Division for Air Quality • New Website • Organizational Update • NAAQS in Kentucky • Ozone Transport Rules • State Implementation Plan (SIP) Revisions • Division Regulatory Actions • Fee Change Statute • Permitting Updates 3

New Cabinet Website Energy and Environment Cabinet https://eec.ky.gov/Pages/index.aspx Department for Environmental Protection https://eec.ky.gov/Environmental‐Protection/Pages/default.aspx Division for Air Quality https://eec.ky.gov/Environmental‐Protection/Air/Pages/default.aspx DAQ Forms – DEP Forms Library https://eec.ky.gov/Environmental‐Protection/resources/Pages/Forms‐ Library.aspx 4

Director’s Office Name Position Direct Extension Melissa Duff Director (502) 782‐6597 Rick Shewekah Assistant Director (502) 782‐6768 Vacant Environmental Scientist Consultant Sr. Roberta Burnes Education/Outreach Coordinator (502) 782‐6571 Elly Hixon Director’s Office Administrative Specialist III (502) 782‐7230 5

Field Operations Branch Name Position Phone Jarrod Bell Branch Manager (502) 782‐6687 Shelly Graves Branch Administrative Specialist III (502) 782‐6628 Jonathan Barker Branch Environmental Scientist V (606) 929‐5285 Jennifer Spradlin Field Support Section Supervisor (502) 782‐6780 Karen Deskins Ashland Regional Office Supervisor (606) 929‐5285 Troy Tabor Bowling Green Regional Office Supervisor (270) 746‐7475 Clay Redmond Florence Regional Office Supervisor (859) 525‐4923 Natasha Parker Frankfort Regional Office Supervisor (502) 782‐6430 Steven Hall Hazard Regional Office Supervisor (606) 435‐6022 Pete Rayburn London Regional Office Supervisor (606) 330‐2080 Mac Cann Owensboro Regional Office Supervisor (270) 687‐7304 Elizabeth “Beth” Lents Paducah Regional Office Supervisor (270) 898‐8468 6

Permit Review Branch Name Position Direct Extension Vacant Branch Manager Benita Stephens Branch Administrative Specialist III (502) 782‐6781 Michael Kennedy Environmental Engineer Consultant (502) 782‐6997 James Morse Environmental Scientist V (502) 782‐6718 Durga Patil Chemical Section Supervisor (502) 782‐6730 Zach Bittner Combustion Section Supervisor (502) 782‐6555 Amy Tempus‐Doom Metallurgy Section Supervisor (502) 782‐6566 Julian Breckenridge Minerals Section Supervisor (502) 782‐6700 Shawn Hokanson Permit Support Section Supervisor (502) 782‐6977 Shufang Yang Surface Coating Section Supervisor (502) 782‐6809 7

Program Planning and Administration Branch Name Position Direct Extension Kelly Lewis Branch Manager (502) 782‐6687 Leslie Poff Branch Environmental Scientist V (502) 782‐6735 Jim Gilreath Administrative Section Supervisor (502) 782‐6620 Jake Lewis Emissions Inventory Section Supervisor (502) 782‐6686 Ben Cordes Evaluation Section Supervisor (502) 782‐6586 Cassandra Jobe Regulation Development Section Supervisor (502) 782‐6670 8

Technical Services Branch Name Position Direct Extension Jennifer Miller Branch Manager (502) 782‐6708 Rebecca Waddle Branch Administrative Specialist III (502) 782‐6798 Shauna Switzer Branch Environmental Scientist V (502) 782‐6783 Vacant Quality Assurance Section Supervisor Jessica Dixon Source Sampling Section Supervisor (502) 782‐6596 Wayne Bray Technical Support Section Supervisor (502) 782‐6565 9

NAAQS in Kentucky 10

State Implementation Plan (SIP) Revisions • Transport SIP Obligations (“Good Neighbor” SIPs) • 2015 Ozone NAAQS • Regulatory SIPs 11

Transport SIP Obligations Infrastructure Requirements ‐ Section 110(a)(2)(D)(i) • Prong 1: Interstate transport ‐ significant contribution • Prong 2: Interstate transport ‐ interfere with maintenance • Prong 3: Interstate transport ‐ prevention of significant deterioration • Prong 4: Interstate transport ‐ protect visibility 12

Completed Transport SIP Obligations • 2008 Ozone NAAQS – CAA section 110(a)(2)(D)(i)(I) • “Good Neighbor” SIP • Submitted to EPA on 5/10/2018 • Court Ordered deadline of 6/30/2018 for EPA to issue Final Rule • Approval signed 6/28/2018; published in the Federal Register 7/17/2018 (83 FR 33730) • 2015 Ozone NAAQS – CAA section 110(a)(2)(D)(i)(I) • Submitted to EPA 1/9/2019 as part of the Infrastructure SIP 13

Completed Transport SIP Obligations • Prong 4: Interstate transport ‐ protect visibility • Regional Haze Plan designed to protect visibility; relied on CAIR • Infrastructure Requirement Section 110(a)(2)(D)(i) , Prong 4 relied on Regional Haze Plan (CAIR) to address visibility • EPA Determination for “CSAPR Better Than BART” • Change KY Regional Haze Plan reliance on CAIR to CSAPR • Addresses “Prong 4” deficiencies for Infrastructure SIPs (1997 Ozone, 2010 NO 2 , 2010 SO 2 , 2012 PM 2.5 NAAQS) • Addresses deficiencies in Regional Haze Plan • Both submitted to EPA for approval on 11/16/2018 • Proposed approval by EPA on 2/15/2019 (84 FR 4407) 14

Remaining Transport SIP Obligations 1997 Ozone; 2010 NO 2 2010 SO 2 SIP Requirement 1997 & 2006 PM 2.5 NAAQS NAAQS NAAQS Section 110(a)(2)(D)(i) ‐ I Submitted to EPA Submitted to EPA DAQ Internal Prong 1: significant contribution 12/18/2018 11/16/2018 Review Section 110(a)(2)(D)(i) ‐ I Submitted to EPA Submitted to EPA DAQ Internal Prong 2: interfere with 12/18/2018 11/16/2018 Review maintenance 15