Louisville Metro Air Pollution Control District
Notice of Public Comment Period and Hearing
What action is the District taking?
The Louisville Metro Air Pollution Control Board opens a public comment period November 16, 2022, on amendments to Regulations 1.02, Definitions; 1.11 Control of Open Burning; 1.13, Control of Objectionable Odors in the Ambient Air; and 1.15, Version of Federal Regulations Incorporated by Reference, proposed on November 10, 2022. If adopted by the Board, the amendments to Regulations 1.02 and 1.11 will be submitted to US EPA for inclusion in the Kentucky State Implementation Plan.
How can I comment on this action?
You can comment in writing online at https://louisvilleky.wufoo.com/forms/comment-on-apcd-proposed-action, or by mail to the Board Secretary-Treasurer, Byron Gary, Louisville Metro Air Pollution Control District, 701 W. Ormsby Ave., Suite 303, Louisville, Ky 40203, until 5:00 p.m., December 16, 2022. Oral statements will be accepted at a public hearing via Video Teleconference on Wednesday, December 21, 2022, at 10:00 AM. The District invites the public to attend. Instructions for attending the meeting via video teleconference will be posted at www.louisvilleky.gov/apcd/docket. Members of the public may also attend the video teleconference in the Edison Room of the Edison Center at 701 West Ormsby Avenue, Louisville, Kentucky 40203.
Where can I get a copy of the proposed action?
A paper copy of the proposal may be obtained from the District by contacting us at (502)574-6000. Please specify that you are calling about amendments to Regulations 1.02, Definitions; 1.11 Control of Open Burning; 1.13, Control of Objectionable Odors in the Ambient Air; and 1.15, Version of Federal Regulations Incorporated by Reference, provide your name and mailing address, and allow time for processing and delivery via USPS. An electronic copy of the proposal may be downloaded from the District’s website at https://louisvilleky.gov/APCD/Docket.
Summary of proposal
The proposal would amend Regulation 1.02 to incorporate a list of trivial activities and update the definition of volatile organic compounds. Regulation 1.11 would be amended to allow for use of accelerants in prescribed burns only. Regulation 1.13 would be amended to more closely match KRS 77.155, Prohibited emission of air contaminants, and Kentucky common law. Regulation 1.15 would be amended to update the version of federal regulations incorporated by reference.
Who is affected by this rule?
What types of facilities does the rule cover?
The all fall within Part 1, General Provisions, of the District’s Regulations, and cover not only regulated facilities, but in some cases the public in general.
What are the demographics of those living in the area or impacted by the proposal?
The amendments, being general in nature, affect Louisville Metro at large. However, odor issues disproportionately tend to affect central Louisville, and in particular the areas known as Butchertown and Rubbertown. A map of odor complaints from January to September of this year is shown below.
Figure 1 - Louisville Metro Odor Complaints, January – September 2022
Will this action lead to an increase or decrease in emissions?
This action is not expected to lead to either an increase or decrease in emissions.
Will this proposal create patterns of advantage or disadvantage based on identity?
The District does not believe this proposal would lead to or create any patterns of advantage or disadvantage based on identity.
What is the timeline for this action?
The comment period begins November 16, 2022, and runs through December 16 of this year. Oral comments will be accepted at a public hearing prior to the Air Pollution Control Board’s regular public meeting on December 21, 2022 at 10:00 a.m.. The amendments are expected to be on the agenda under new business at that regular meeting following the hearing, and may be voted on by the Board as soon as that date.
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