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AN ACT relating to trichloroethylene. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF SUBCHAPTER 20 OF KRS CHAPTER 3
224 IS CREATED TO READ AS FOLLOWS: 4
(1) For the purposes of this section: 5
(a) "Small business" means a business that has less than five hundred (500) 6
full-time equivalent employees; and 7
(b) "Trichloroethylene" or "TCE" means a chemical with the Chemical 8
Abstract Service registration number of 79-01-6. 9
(2) (a) Beginning June 1, 2023, an owner or operator of a facility that is permitted 10
as an air contaminant source by the Division of Air Quality or the 11
Louisville Metro Air Pollution Control District shall not use 12
trichloroethylene at its permitted facility, including in any manufacturing, 13
processing, or cleaning processes, except as otherwise provided in this 14
section. After June 1, 2023, cessation of use of TCE shall be made a 15
condition of the air emissions permit for the facility. 16
(b) The Division of Air Quality and the Louisville Metro Air Pollution Control 17
District shall not approve an air emissions permit that authorizes using 18
TCE at a permitted facility after June 1, 2023, except as provided in this 19
section. 20
(c) If a small business subject to the requirements of this section needs 21
additional time to assess replacement chemicals or modifications to facility 22
operations, then on or before June 1, 2023, the small business may apply to 23
the secretary for an extension of time up to one (1) year to comply with the 24
requirements of this section. The extension of time shall only be granted 25
upon good cause shown. A small business owner or operator requesting 26
additional time under this subsection shall demonstrate compliance with the 27 UNOFFICIAL COPY 22 RS BR 2009
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health risk limits for TCE established in the administrative regulations 1
promulgated under subsection (7) of this section. 2
(3) The cabinet or the Louisville Metro Air Control District may require additional 3
information from owners or operators of permitted facilities and may require 4
additional restrictions based on impacts from nearby sources or background 5
concentrations. 6
(4) An owner or operator subject to the requirements of this section that elects to 7
replace TCE with another chemical shall only use a replacement chemical 8
demonstrated to be less toxic to human health. The replacement shall be reviewed 9
and approved in the form and manner required by the secretary. 10
(5) (a) The secretary shall grant exceptions to the prohibitions in subsection (2) of 11
this section for any of the following uses where compliance with the health 12
risk limits for TCE established in the administrative regulations 13
promulgated under subsection (7) of this section is demonstrated: 14
1. Use of TCE in closed systems so that no TCE is emitted from the 15
facility; 16
2. Holding TCE or products containing TCE for distribution to a third 17
party; and 18
3. Use of TCE in a health facility licensed under KRS Chapter 216B or 19
an academic medical facility. 20
(b) The secretary may grant exceptions to the prohibitions in subsection (2) of 21
this section where compliance with the health-based value and health risk 22
limits for trichloroethylene is demonstrated at a facility that: 23
1. Uses TCE exclusively for research and development or other 24
laboratory or experimental purposes; and 25
2. Processes trichloroethylene for waste disposal. 26
(c) Owners or operators of facilities seeking an exception under this section 27 UNOFFICIAL COPY 22 RS BR 2009
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shall submit information to the secretary that specifies the applicable 1
exception and provide all information needed to determine applicability, as 2
may be required by the secretary. 3
(6) Nothing in subsection (5) of this section shall be construed to authorize a 4
use of an amount of TCE that exceeds the levels authorized in a stipulation 5
agreement entered into between the cabinet or the Louisville Metro Air 6
Pollution Control District and a permittee that goes into effect on June 1, 7
2023. 8
(7) On or before January 1, 2023, the cabinet shall promulgate administrative 9
regulations pursuant to KRS Chapter 13A that are necessary to implement 10
this section, including establishing health risk limits for TCE 11
concentrations in the air and drinking water. 12
SECTION 2. A NEW SECTION OF KRS CHAPTER 338 IS CREATED TO 13
READ AS FOLLOWS: 14
(1) As used in this section, "trichloroethylene" or "TCE" means a chemical with the 15
Chemical Abstract Service registration number of 79-01-6. 16
(2) Beginning January 1, 2023, the department shall require all employers at 17
workplaces where employees may be exposed to TCE to post information at the 18
workplace regarding the dangers of TCE exposure based on the health risk limits 19
established by the Energy and Environment Cabinet in the administrative 20
regulations promulgated under Section 1 of this Act. 21