Recap of the Kentucky Chamber 24th Annual Environmental Permitting and Reporting Conference

The Kentucky Chamber hosted a hybrid (virtual and in-person) conference on August 12 -13, 2021 that included updates from the Kentucky Environmental and Energy Cabinet, consultants, lawyers, and corporate managers.  A few notable items we heard are shared below.

Air Update

The Division of Air Quality was well represented by Melissa Duff, Director, and other staff that co-presented during the conference.  Key takeaways during the conference included:

• Facilities should plan to integrate application preparation and review with DAQ to develop schedules to meet construction schedules. New builds and expansions are a priority, but the Division is seeing more development activity and has limited review capacity with current staffing levels.
• The Division has updated forms and use of the new form DEP7007C, Incinerators and Waste Burners is required if applicable to your facility.
• Ozone monitoring data in the non-attainment areas in Metropolitan Louisville and Northern Kentucky/ Cincinnati are being evaluated. These two areas may step up to moderate non-attainment, depending on the results of the data evaluation.  Watch for U.S. EPA determinations and possible changes to the State Implementation Plan as a result of a designation change.  A future 4 the Record Article details possible changes to the Kentucky State Implementation Plan (SIP) that may be required if the areas are reclassified.
• The 2021 ozone season was on track to be in attainment with the ozone standard, which could keep the state at marginal non-attainment with the 2015 ozone standard.

Renewable Energy

The conference also had presentations on solar energy deployment in Kentucky.  There has been an uptick in solar projects across the state for both off-setting energy used in manufacturing and merchant solar power farms adding capacity to the grid.   While expanding our alternative energy portfolio in Kentucky, don’t worry, there will continue to be more horse farms than solar farms in the Bluegrass State for the foreseeable future.

Water Update

Presentations and an update from the Division of Water focused on new legislation, Kentucky’s triennial review, and changes within the Division of Water.  Look for more in the upcoming months including workshops from the Division of Compliance Assistance on wastewater and stillage from the bourbon industry.  The state would like additional input from industry on best practices for the treatment of stillage that cannot be used by the farming community for feed.

Environmental Justice

While Kentucky has not adopted new regulations or policies around the Biden Administration’s Environmental Justice Executive Orders, the Cabinet expressed that policies were being developed internally.  Cabinet Personnel suggested that Cabinet wide environmental justice policies could be presented during 2022.  ALL4 is keeping a close eye on environmental justice policy and regulatory development across the country and can help facilities plan and respond.

If you have any questions regarding air, water, or waste permitting and compliance in Kentucky or would like more detail on any of these items, please reach out to Karen Thompson at kthompson@all4inc.com or 859-281-1664.