Kentucky Environmental Priorities, Plans for the Future, Air & - - PDF document

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Kentucky Environmental Priorities, Plans for the Future, Air & - - PDF document

Kentucky Environmental Priorities, Plans for the Future, Air & Water Permitting Success & Challenges Tony Hatton, Commissioner Kentucky Department for Environmental Protection , Frankfort Wednesday, March 27, 2019 9:30 a.m. to 11


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Kentucky … Environmental Priorities, Plans for the Future, Air & Water Permitting Success & Challenges

Tony Hatton, Commissioner Kentucky Department for Environmental Protection, Frankfort

Wednesday, March 27, 2019 9:30 a.m. to 11 a.m.

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Tony Hatton, Commissioner Kentucky Department for Environmental Protection 300 Sower Blvd., Frankfort, KY 40601 Phone: 502-782-6648 Fax: 502-564-4245 Tony.Hatton@ky.gov Tony Hatton is the Commissioner of Kentucky’s Department for Environmental Protection. He has been an employee of the Kentucky Energy and Environment Cabinet since 1999. Prior to becoming an employee of the Commonwealth, he worked as a consulting geologist, based out of Columbia, South Carolina, for 11 years. During his time in consulting he worked on projects for the Department of Defense and did remediation work at a number of Air Force and Army facilities, on issues related to both conventional and chemical weapons. He also worked as a consultant on several larger projects at the U.S. DOE Savannah River Site. In between times, he consulted on cleanups at NPL sites and numerous large hazardous waste and Superfund sites and landfill siting and permitting. In 1999, Tony worked as a staff geologist in the Kentucky Division of Waste Management’s hazardous waste program. Over the course of his career Tony has served as the Assistant Director and then the Director of the Division of Waste Management beginning in 2002 and in 2008, respectively. Tony was recently appointed to the post of Commissioner of the Department for Environmental Protection. Tony holds a Master of Science degree in geology from Eastern Kentucky University and is a registered professional geologist.

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Kentucky Department for Environmental Protection Update

28th Annual Business & Industry’s Sustainability and Environmental, Health & Safety Symposium

Tony Hatton, Commissioner Department for Environmental Protection March 27, 2019

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WHO WE ARE

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Mission

Protect and enhance Kentucky’s environment to improve the quality of life for all Kentuckians.

Vision

The Department for Environmental Protection envisions a healthy and productive Commonwealth with balanced stewardship of the land, air and water where future generations enjoy an environment as good as or better than the present.

Principles

The department will make sound decisions that earn the public’s trust. The department will focus on environmental results rather than programs or procedures. The department will use good scientific information to aid in its decision making. The department will consider the range of environmental benefits and consequences of proposed actions before making final decisions. The department will evaluate its performance using meaningful criteria.

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OVERVIEW

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  • Changes & Challenges

Reorganization, Budget & Personnel

  • The What Of It All

Programs & Success

  • Where We Go From Here

Next Steps & Future Plans

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CABINET REORGANIZATION

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Kentucky Energy & Environment Cabinet Charles Snavely, Cabinet Secretary Bruce Scott, Deputy Secretary

502‐564‐7192 Office of Energy Policy 502‐564‐0326 Department for Natural Resources 502‐573‐2886 Office of Nature Preserves 502‐564‐0323 Department for Environmental Protection 502‐564‐3940 Public Service Commission 502‐564‐3350 Office of Administrative Services 502‐564‐7312 Office of Administrative Hearings 502‐564‐3350 Office of Communication 502‐564‐3350 Office of Legal Services 502‐564‐1985 Office of Inspector General

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DEPARTMENT REORGANIZATION

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Kentucky Department for Environmental Protection Tony Hatton, Commissioner Sean Alteri, Deputy Commissioner

502‐564‐0323 Division of Compliance Assistance 502‐564‐2150 Division of Enforcement 502‐564‐6716 Division of Waste Management 502‐564‐3410 Division of Water 502‐564‐3999 Division for Air Quality 502‐564‐6120 Division of Environmental Program Support

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BUDGET CHALLENGES

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$31,113,090 $29,225,876 $17,419,205 $19,321,358 $24,052,734 $31,689,549 $30,925,198 $26,910,290 $22,122,900 $28,671,575 $26,801,546 $24,487,546 $26,302,250 $0 $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 $30,000,000 $35,000,000 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014* 2015 2016 2017

OPERATING EXPENDITURES BY FUND KY Department for Environmental Protection AMOUNT - SFY 2005 - 2017

General Funds Road Funds Federal Funds Agency Funds

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BUDGET CHALLENGES

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$49,486,082 $53,143,728 $53,715,001 $53,244,750 $53,142,402 $54,438,362 $56,338,173 $56,042,339 $58,540,074 $62,013,634 $61,450,216

$0 $10,000,000 $20,000,000 $30,000,000 $40,000,000 $50,000,000 $60,000,000 $70,000,000 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 PERSONNEL EXPENDITURES BY FUND KY Department for Environmental Protection AMOUNT - SFY 2007 - 2017

General Funds Road Funds Federal Funds Agency Funds

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BUDGET CHALLENGES

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FY02 FY03 FY04 FY05 FY06 FY07 FY08 FY09 FY10 FY11 FY12 FY13 FY14 FY15 FY16 FY17 FY18 Average Benefits Per Employee $8,418 $7,880 $8,961 $9,994 $11,418 $12,375 $13,201 $13,945 $15,671 $17,947 $18,445 $21,132 $22,753 $28,187 $28,608 $33,179 $33,600 Average Salary Per Employee $41,080 $41,710 $42,204 $42,614 $43,418 $44,164 $44,926 $45,575 $44,020 $43,522 $42,548 $43,803 $43,919 $44,334 $43,677 $44,611 $44,042 Average Total Payroll Per Employee $49,498 $49,590 $51,165 $52,608 $54,836 $56,539 $58,127 $59,520 $59,691 $61,468 $60,993 $64,935 $66,672 $72,521 $72,286 $77,790 $77,642 DEP Personnel Cap 856 884 841 849 863 814 814 795 795 766 766 760 764 759 759 759 759 $49,498 $49,590 $51,165 $52,608 $54,836 $56,539 $58,127 $59,520 $59,691 $61,468 $60,993 $64,935 $66,672 $72,521 $72,286 $77,790 $77,642

680 700 720 740 760 780 800 820 840 860 880 900

$0 $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 $80,000 $90,000

Personnel Cap

AVERAGE PAYROLL COST PER EMPLOYEE KY Department for Environmental Protection

Amount - FY02-FY18

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PERSONNEL CHALLENGES

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13 15 15% 38% 47% 13 16 10% 53% 37% AVG YEARS OF EXPERIENCE MGMT AVG YEARS OF SERVICE AVG AGE UNDER 30 AVG AGE 30‐50 AVG AGE OVER 50

2018 PERSONNEL INDICATORS

ENERGY & ENVIRONMENT CABINET & DEPARTMENT FOR ENVIRONMENTAL PROTECTION

DEP AVG EEC AVG

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PERSONNEL CHALLENGES

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200 400 600 800

SFY 2016‐2019 Postions vs. Funded CAP Department for Environmental Protection

DEP CAP DEP Positions

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THE WHAT OF IT ALL

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PROGRAM UPDATES

DIVISION FOR AIR QUALITY DIVISION OF WATER

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DIVISION FOR AIR QUALITY

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2015‐2018

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DIVISION FOR AIR QUALITY

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AFFORDABLE CLEAN ENERGY (ACE) PLAN

August 21, 2018

Effects ‐ What happens in Kentucky:

  • 7 Electric Utilities
  • 41 Electric Generating Units
  • All Ratepayers In Kentucky

Findings:

  • Regulatory Certainty
  • Source Specific Factors
  • Clarifies Process And Timing Of SIPs
  • Consistent With Section 111(d) of

the CAA

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DIVISION OF WATER

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2019 Priorities

Legislative:

 Revise/Amend Regulations on fees  Resolution to study/identify alternate sources of water infrastructure funding

Workgroups:

 Convene stakeholder group to evaluate Human Health water quality criteria  Convene stakeholder group to identify alternate sources

  • f water infrastructure funding

Programmatic:

 Complete Triennial Review  Finalize the Kentucky Nutrient Management Reduction Strategy  Develop floodplain general permits and/or permits‐by‐rule

Technology:

 Launch mobile inspections  Improve electronic submittal process for permit

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DIVISION OF WATER

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WATERS OF THE UNITED STATES (WOTUS)

* Photography Source: utahwaterlaw.com

  • Currently reviewing the changes from

the 2015 rule to the 2019 rule

  • Developing comments for EPA/USACE

pursuant to the review

  • Conducting a regulatory and

programmatic gap analysis

  • Planning for and making

recommendations regarding statutory, regulatory, and programmatic changes necessitated by new rule.

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SUCCESS

A Better Kentucky Today & Tomorrow Compliance & Partnerships

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Air Quality

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0.000 0.020 0.040 0.060 0.080 0.100 0.120 0.140 0.160 0.180 parts per million (ppm) Year O3: Based upon annual statewide averages of all valid fourth highest daily maximum 8‐hour concentrations; 29 sites used for 2017 average (ppm) NO2: Based upon annual statewide averages of all valid 98th percentile daily maximum 1‐hour concentrations; 7 sites used for 2017 average (ppm) SO2: Based upon annual statewide averages of all valid 99th percentile daily maximum 1‐hour concentrations; 12 sites used for 2017 average (ppm)

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Air Quality

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0.0 2.0 4.0 6.0 8.0 10.0 12.0 0.0 20.0 40.0 60.0 80.0 100.0 120.0 parts per million (ppm) micrograms per cubic meter (µ/m3) Year PM2.5: Based upon annual statewide averages of all valid 98th percentile 24‐hour concentrations; 18 sites used for 2017 average (µ/m3) PM10: Based upon annual statewide averages of all valid first maximum 24‐hour concentrations; 8 sites used for 2017 average (µ/m3) CO: Based upon annual statewide averages of all valid second highest daily maximum 1‐hour concentrations; 3 sites used for 2017 average (ppm)

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WATER

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  • Working with USACE regarding:
  • Establishment of resource‐based, predefined Service

Areas for third party mitigation in Kentucky

  • Create a process to address severed mineral rights for

3rd party mitigation in Kentucky

  • Developing additional ILF funds for infrastructure and

endangered species

  • Received EPA approval of a Statewide TMDL for pathogens
  • Among national leaders in NetDMR submittal compliance
  • Drinking Water Advisory Council and Wastewater Advisory

Councils and their committees working on important water issues, including lead, compliance, infrastructure, water loss, and lead

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Brownfields

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Louisville Waterfront Botanical Gardens

The proposed site for the Waterfront Botanical Gardens lies within the boundaries of one of Louisville’s oldest city areas, known as “The Point.” This area has seen dramatic changes over the years, beginning in the antebellum period, when Fulton Street was lined with summer homes of prosperous French families from New Orleans, who came north during the summer months to escape the heat. After disastrous flooding in the late 1800s and again in 1937, the area was turned into a city dump for building refuse from flood damaged homes. After decades spent as the Ohio Street Dump, which was capped in 1973, the area is being redeveloped into an ecological haven.

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WHERE WE GO FROM HERE

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NEXT STEPS

Personnel/ Budget Water Joint Resolution Task Force Landfills PFAS/PFOA CCR Bills & Regulations

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Contact

THANKS

TONY HATTON COMMISSIONER KENTUCKY DEPARTMENT FOR ENVIRONMENTAL PROTECTION 300 SOWER BLVD FRANKFORT, KY 40601 TONY.HATTON@KY.GOV 502‐782‐6648

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