EPA Approves Kentucky's Sulfur Dioxide Pollution Control Plan
Published Date: 1/8/2026
Rule
Summary
The EPA just gave a thumbs-up to Kentucky’s plan to track and control sulfur dioxide pollution in the Henderson-Webster area. This means new factories there will have to follow stricter rules to keep the air cleaner, starting February 9, 2026. Residents and businesses can expect healthier air without big costs or delays.
Analyzed Economic Effects
4 provisions identified: 2 benefits, 1 costs, 1 mixed.
NNSR Permits for Major SO2 Sources
EPA approved Kentucky's certification that its nonattainment new source review (NNSR) program meets federal requirements for the Henderson-Webster sulfur dioxide area. Starting February 9, 2026, new or modified major stationary sources in the area must follow NNSR permitting; a "major stationary source" is any source that emits or can emit 100 tons per year (tpy) or more of SO2, and a "major modification" is a significant emissions increase of 40 tpy.
2018 Base-Year SO2 Emissions Inventory Approved
EPA approved Kentucky's February 15, 2024 submission that uses a 2018 base-year emissions inventory for actual SO2 emissions in the Henderson-Webster area. The approval notes that to demonstrate attainment or to be redesignated to attainment in the future, Kentucky must provide an updated inventory representative of the time of attainment and a 10-year maintenance demonstration or modeling.
No New Federal Burdens for Small Businesses
EPA states this approval merely accepts state law as meeting federal requirements and does not impose additional federal requirements beyond state law. EPA certified the action as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act. This approval is effective February 9, 2026.
No Tribal Land Application
EPA's approval does not apply on any Indian reservation land or in areas where a tribe has demonstrated jurisdiction. In those parts of Indian country, the rule has no Tribal implications and will not impose substantial direct costs on Tribal governments. The effective date is February 9, 2026.
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