Proposed Denial of 2013 Petition Requesting EPA Add Kentucky to the Ozone Transport Region

April 20, 2017Articles
On January 19, 2017, EPA proposed to deny the December 9, 2013 petition filed by the states of Connecticut, Delaware, Maryland, Massachusetts, New Hampshire, New York, Pennsylvania, Rhode Island and Vermont under the Clean Air Act that requested the states of Illinois, Indiana, Kentucky, Michigan, North Carolina, Ohio, Tennessee, West Virginia and Virginia be added to the Ozone Transport Region. Comments on the proposal were accepted until February 21, 2017. The proposed denial states that the CAA provides other provisions for addressing the interstate transport of ozone besides the petition process and is not based on a technical review of the petition. The Kentucky Energy and Environment Cabinet submitted comments in support of the proposal dated February 21, 2017 and requested that EPA “find that the technical analysis of the section 176A petition is outdated, technically-flawed, and fails to support the petition.” Because the petition used modeling information with emission inventories developed on a 2005 base year and emissions from fossil fuel-fired electric generating units, the Cabinet asserted that the petition failed to account for significant emission reductions that have occurred in Kentucky and did not provide a statistical relationship between the emissions from Kentucky and the impacts on ambient air monitors in Maryland. Per the information provided, localized sources, rather than Kentucky sources, are responsible for Maryland’s nonattainment status.