Louisville Metro Adopts New Air Toxics Regulations

June 2005

On June 21, 2005, the Louisville Metro Air Pollution Control Board adopted the Strategic Toxic Air Reduction (“STAR”) Program.  The STAR Program regulations establish stringent goals for cancer and non-cancer health risks for emissions of Toxic Air Contaminants (“TACs”) from stationary sources.  If the emissions of a TAC from any process or process equipment at a source exceed the health risk goals, the source will be required to implement Best Available Technology for Toxics on that process or process equipment. 

Effective July 1, the new regulations will apply to all sources in Louisville Metro permitted under Title V of the Clean Air Act and all sources permitted under Federally Enforceable District Origin Operating Permits (“FEDOOPs”).  The new requirements that will immediately apply to these sources include:

For existing sources that do not add a new or modify an existing process or process equipment, the STAR Program will be implemented in accordance with the schedule available at www.apcd.org/star/star_schedule.pdf.  The first enhanced recordkeeping and reporting submittal for Title V sources will be due by April 15, 2006, and for FEDOOPs by April 15, 2007

For all other sources of emissions of TACs, new Regulation 5.30 requires the Air Pollution Control District (the “District”) to prepare a Report and Plan of Action by June 30, 2006 to assess the risk to human health from TACs emitted by minor stationary sources, area sources, non-road mobile sources and mobile sources.  The Plan is to include specific actions to achieve the health risk goals for emissions from these sources by December 31, 2012.  Specific actions to be addressed in the Report and Plan of Action include:

The District is required to provide opportunities for stakeholder involvement in the development and review of the Report and Plan of Action.  Opportunities for stakeholder involvement are to be identified by the District on or before September 21, 2005.

The STAR Program will significantly impact existing and new businesses in Louisville Metro.  If you have questions regarding the STAR Program, please contact Dennis Conniff, 502.568.0398 (dconniff@fbtlaw.com), or Rachael Hamilton, 502.568.0201 (rhamilton@fbtlaw.com). 


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