Draft Kentucky Air Toxics Regulations
The Kentucky Division for Air Quality has released for consideration by its Air Toxics Workgroup proposed draft regulations that will form the basis of a new program to regulate stationary source emissions of Toxic Air Pollutants (TAPs). Please click here to view the proposed draft regulations. As proposed, the draft regulations will apply to all new, modifying or existing stationary sources of TAPs emissions permitted under 401 KAR Chapter 52. The draft regulations apply to emissions of 129 TAPs. The draft regulations include, among other things:
- Emissions of TAPs are not to exceed a Level of Concern of a cancer risk of 1 in a million or a non-cancer risk of a Hazard Quotient of 1, based on a Screening Level Assessment using EPA's Screen 3 dispersion model.
- Sources that exceed these Levels of Concern will be required to implement Toxic Air Pollutant Best Available Control Technology (TAP-BACT) or conduct more refined dispersion modeling or a formal risk assessment to demonstrate compliance with the Levels of Concern.
- Sources with emissions that exceed a cancer risk of 100 in a million or a non-cancer risk of a Hazard Quotient of 10 must reduce the risk from their emissions to a cancer risk of less than 100 in a million or a non-cancer risk of a Hazard Quotient of 10 AND apply TAP-BACT.
- Exemptions are provided for TAPs emissions that are subject to MACT, GACT or EPA Residual Risk standards from demonstrating compliance on an individual source basis.
- Development of a "Safety Net Program" which would evaluate the risks from multiple sources, including those exempt from demonstrating compliance on an individual basis, which could result in a requirement for a source to reduce emissions and/or apply TAP-BACT.
- Development of a Science Advisory Board to provide advice on implementation of the program.