Steven L. Beshear Governor ENERGY AND ENVIRONMENT CABINET

Capital Plaza Tower 500 Mero Street, 12'~ lo or Frankfort, Kentucky 40601 Phone: (502) 564-7192

Fax: (502) 564-7484 Leonard K. Peters Secretary

May 14,2012

Ms. Gwen Keyes Fleming Regional Administrator 

### U.S. Environmental Protection Agency, Region 4 Sam Nunn Atlanta Federal Center 61 Forsyth Street, 

### SW Atlanta, GA 30303-8960

Dear Ms. Fleming,

The Energy and Environment Cabinet requests that the 

### U.S. EPA include this letter as an amendment to the SIP submittal containing Louisville Metro Air Pollution Control District (District) Regulation 2.05, 

### Prevention of Significant Deterioration, version #lo. The original submittal was sentto the Kentucky Division for Air Quality (Division) on January 20, 2011, and transmitted to the U.S. EPA on February 8,201

### 1.

On March 16, 2012, EPA proposed revising the definition of "regulated NSR pollutant" at 40 CFR 51.166(b)(49)(vi), 52.21(b)(50)(vi) and 40 CFR Part 51,Appendix S, to clarify that the definition, which was adopted in the NSR PM2.jRule in 2008, was not intended in the context of the PSD and NSR programs to include requirements to measure condensable particulate matter. 

### [Implementationof the New Source Review (NSR)Program for Particulate Matter Less Than 

### 2.5 Micrometers 

### (PM2..5): Amendment to the DeJinition "Regulated NSR Pollutant" Concerning Condensable Particulate Matter, 77 Fed. Reg. 15656(proposed rule).]

On November 17, 2010,the District amended Regulation 2.05, 

### Prevention ofSigniJicant Deterioration, by updating the version of 40 CFR 52.21 incorporated by reference from the July 1, 2008, version to the July 1, 201 0, version. A copy of the complete SIP submittal requesting the amendment to the Jefferson County portion of the Kentucky SIP was submitted by the District to the Division on January 20, 2011, for submittal to EPA. The Division subsequently transmitted the SIP submittal to EPA on February 8, 201 1. As noted in the attached Regulatdry Impact Assessment, the amendments to Regulation 2.05 were intended to be consistent with the federal requirements, including provisions applicable to PM2. j.Ms. Gwen Keyes Fleming May 14,2012 Page 2

The Cabinet hereby requests that, consistent with the March 16, 2012, proposed rule, EPA not approve the term "particulate matter emissions" into the Jefferson County portion of the Kentucky SIP when taking action to approve the February 

### 8, 2011, SIP submittal. The Cabinet also requests that EPA approve into the Jefferson County portion of the Kentucky SIP those provisions promulgated in the NSR PM2.5 Rule, including the requirement that PMloemissions and PM2.5 emissions include the condensable PM fraction emitted by sources, which have been incorporated by reference in the SIP submittal. The Cabinet will submit a SIP revision clarifying that the term "particulate matter emissions" is not included in the definition of regulated 

### NSR pollutant followingEPA's publication ofa final rule adopting the proposed revision.

The Cabinet appreciates your prompt response to this request. If you have any further questions or concerns, please contact Andrea Smith at (502) 564-3999, ext. 4410, or Andrea.Smith@ky.gov.

Sincerely,

Leonard 

### K. Peters Secretary

Cc: Scott Davis Lynorae Benjamin Lauren Anderson

An Equal Opportunity Employer M/F/D