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A JOINT RESOLUTION directing the Energy and Environment Cabinet to adopt 1
revisions to the state air quality implementation plan to remove the reformulated gas 2
requirement for Jefferson County and applicable parts of Oldham and Bullitt Counties. 3
WHEREAS, pursuant to the federal Clean Air Act as amended, 42 U.S.C. sec. 7401 4
et seq., the Commonwealth of Kentucky is required to prepare and submit to the United 5
States Environmental Protection Agency (EPA) a state implementation plan and revisions 6
to such plan as appropriate to attain and maintain the National Ambient Air Quality 7
Standards (NAAQS) and protect human health; and 8
WHEREAS, pursuant to KRS Chapter 224, the Energy and Environment Cabinet 9
(cabinet) is designated as the air pollution control agency of this Commonwealth for all 10
purposes of the Clean Air Act; and 11
WHEREAS, pursuant to KRS Chapter 77, the Louisville Metro Air Pollution 12
Control District (district) is authorized to control air pollution in Jefferson County; and 13
WHEREAS, the Kentucky Air Pollution Control Commission granted concurrent 14
jurisdiction to the district on January 26, 1971; and 15
WHEREAS, the intent of the cabinet and the district is to operate an effective air 16
pollution control program in Jefferson County as authorized under KRS Chapters 77 and 17
224 through joint implementation of necessary control strategies; and 18
WHEREAS, Governor Brereton Jones, through a letter dated September 29, 1993, 19
opted into the federal reformulated gasoline requirements effective January 1, 1995; and 20
WHEREAS, the EPA mandated improved quality in conventional gasoline 21
beginning in 2011; and 22
WHEREAS, consequently, the environmental benefits of reformulated gasoline 23
compared to conventional gasoline no longer provide as significant of an environmental 24
benefit as in the past; and 25
WHEREAS, House Joint Resolution 8 adopted during the 2020 Regular Session 26
directed the cabinet and the district to determine the environmental benefits, related costs, 27 UNOFFICIAL COPY 25 RS SJR 28/GA
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and potential alternatives to the federal reformulated gasoline requirements currently 1
imposed in Jefferson County and parts of Oldham and Bullitt Counties; and 2
WHEREAS, the cabinet and the district have undertaken that analysis and are 3
engaged in the development of revisions required by House Joint Resolution 8 to 4
eliminate reliance on reformulated gasoline as a control measure for the state 5
implementation plan for Jefferson County and partial areas of Bullitt and Oldham 6
Counties, and to adopt the air pollution control strategies in the state implementation plan 7
revision that are necessary to satisfy any applicable requirement concerning attainment of 8
NAAQS and reasonable further progress, and any other applicable requirement of Section 9
110 of the Clean Air Act; and 10
WHEREAS, Governor Beshear petitioned the EPA for a temporary waiver to allow 11
a pause on the reformulated gas requirement, and in June 2022 the EPA denied that 12
request; and 13
WHEREAS, House Joint Resolution 37 adopted during the 2023 Regular Session 14
called on the EPA to expeditiously review and approve the pending requests from the 15
cabinet and the district to redesignated Jefferson County and parts of Oldham and Bullitt 16
Counties as being in attainment for ozone; and 17
WHEREAS, the EPA withdrew its proposed April 18, 2023, approval of the request 18
to redesignate Jefferson County and parts of Oldham and Bullitt Counties as being in 19
attainment for ozone, and the federal reformulated gasoline requirements remain in full 20
effect to this day; 21
NOW, THEREFORE, 22
Be it resolved by the General Assembly of the Commonwealth of Kentucky: 23
Section 1. The General Assembly requests the Governor petition the federal 24
EPA to opt out of the federal reformulated gasoline requirements in Jefferson County and 25
partial areas of Bullitt and Oldham Counties, in accordance with 40 C.F.R. 80.72, 26
provided alternative air pollution control strategies, identified in the revision of the 27 UNOFFICIAL COPY 25 RS SJR 28/GA
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applicable Kentucky state implementation plan, can achieve equivalent or greater 1
emission reductions that are more cost-effective than the existing reformulated gasoline 2
requirement, and that the chosen strategies are able to attain and maintain the NAAQS 3
and protect human health. 4
Section 2. No later than 60 days after Jefferson County and partial areas of 5
Bullitt and Oldham Counties are redesignated as being in attainment for ozone, the 6
cabinet and the district shall propose a revision of the applicable Kentucky state 7
implementation plan to: 8
(1) Remove the reformulated gas requirement for Jefferson County and the parts 9
of Oldham and Bullitt Counties to which the reformulated gas requirement applies; 10
(2) If necessary, implement air pollution control strategies other than mobile 11
source gas formulations or additives to achieve equivalent, or greater, emission 12
reductions than those achieved by reformulated gasoline requirements in those areas to 13
which the reformulated gas requirements applied; and 14
(3) Make any other changes necessary to satisfy any applicable requirement 15
concerning attainment of NAAQS and reasonable further progress, and any other 16
applicable requirement of Section 110 of the Clean Air Act. 17
Section 3. No later than October 31, 2025, the cabinet and the district shall 18
report to the Interim Joint Committee on Natural Resources and Energy on the status of 19
revisions to the state implementation plan identified under Section 2 of this Resolution. 20
Section 4. The Clerk of the Senate is directed to transmit a copy of this 21
Resolution to the Governor, 700 Capitol Avenue, Suite 100, Frankfort, Kentucky 40601, 22
and to Secretary Rebecca Goodman, Energy and Environment Cabinet, 300 Sower 23
Boulevard, Frankfort, Kentucky 40601. 24