Environmental policy in Kentucky

in  Kentucky

* Fiscal
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Environmental policy in Kentucky

* * *

Environmental policy in other states
Endangered species in Kentucky

* * *

Environmental policy aims to conserve natural resources by balancing environmental protection with economic growth, property rights, public health, and energy production. Federal, state, and local government entities develop and implement environmental policies through laws and regulations. This page features information about environmental policy in Kentucky.

## Contents

* 1 Environmental governance in Kentucky
* 1.1 Environmental budget
* 2 Air
* 2.1 Clean Air Act
* 2.2 Mercury and air toxics standards
* 2.3 Ozone standards
* 2.4 Clean Power Plan
* 2.5 Carbon dioxide emissions
* 3 Land
* 3.1 Federal land policy
* 3.2 Federal land ownership
* 3.3 Federal land management by agency
* 3.3.1 National parks
* 3.4 Payments in lieu of taxes
* 3.5 Oil and natural gas activity
* 4 Water
* 4.1 Clean Water Act
* 5 Waste
* 5.1 Superfund sites and hazardous waste facilities
* 6 Endangered species
* 6.1 Endangered Species Act
* 7 Environmental ballot measures in Kentucky
* 7.1 Natural resources
* 7.2 Environment
* 7.3 Water
* 8 Recent environmental legislation in Kentucky
* 9 See also
* 10 External links
* 11 Footnotes

## Environmental governance in Kentucky[edit]

* The Kentucky House has a standing committee on Natural Resources and Environment, and the Kentucky Senate has a standing committee on Natural Resources and Energy.
* The Kentucky Department of Environmental Protection is the state's environmental enforcement agency. The department is responsible for managing environmental programs throughout the state in the areas of air and water quality, waste management and compliance. The department's mission is "to protect and enhance Kentucky's environment."[1]
* The Kentucky Department of Natural Resources is responsible for conserving and sustaining the state's natural resources. The department engages in educational efforts and helps fund conservation and sustainability programs for landowners, industries and communities. The department is also responsible for inspecting timber production and mining operations.[2]

### Environmental budget[edit]

See also: Environmental spending in the 50 states

The table below features annual budget information for the Kentucky Department for Natural Resources, Department for Environmental Protection, and Department for Energy Development and Independence from 2011 to 2023:

Environmental and natural resources budget in Kentucky, 2011-2023

Fiscal year  | Total spending
2023 | $406,301,100
2022 | $335,162,400
2021 | $305,677,110
2020 | $324,976,232
2019 | $280,097,200
2018 | $264,831,694
2017 | $257,046,297
2016 | $255,357,800
2015 | $264,330,400
2014 | $269,998,600
2013 | $270,393,832
2012 | $293,201,907
2011 | $271,326,997
Source: [1]

## Air[edit]

### Clean Air Act[edit]

See also: Implementation of the Clean Air Act

The Clean Air Act is a federal law aimed at maintaining air quality and reducing air pollution. The law requires states and private industries to meet national air pollution standards. Each state must implement an EPA-approved plan to reduce air pollutants from industrial facilities such as chemical plants and utilities. Over 47,000 facilities nationwide were regulated under the Clean Air Act as of February 2023.[3][4][5][6]

The table below features information about the number of regulated facilities under the Clean Air Act in Kentucky from 2014 to 2023:

Regulated facilities under the Clean Air Act in Kentucky, 2014-2023

Year  | Number of EPA-regulated facilities  | Number of state-regulated facilities  | Number of local-regulated facilities  | Total regulated facilities
2023 | 0 | 547 | 74 | 621
2022 | 0 | 541 | 75 | 616
2021 | 2 | 538 | 79 | 619
2020 | 1 | 526 | 81 | 608
2019 | 5 | 518 | 85 | 608
2018 | 0 | 509 | 87 | 596
2017 | 2 | 500 | 87 | 589
2016 | 21 | 534 | 92 | 647
2015 | 0 | 524 | 88 | 612
2014 | 0 | 538 | 89 | 627
Source: U.S. Environmental Protection Agency, "EPA/State Air Dashboard"

### Mercury and air toxics standards[edit]

See also: Mercury and air toxics standards

Citing its authority under the Clean Air Act, the U.S. Environmental Protection Agency (EPA) in 2011 issued a rule (commonly known as the MATS rule) limiting the amount of mercury and other toxic air pollutants emitted by power plants. Mercury and air toxics standards (MATS) target mercury and other hazardous pollutants from over 580 coal and oil-fired power plants nationwide. The MATS rule was issued by the Obama administration as part of its larger policy limiting emissions from coal-fired power plants.[7]

The EPA later reconsidered the MATS rule and, in 2020, determined "that it is not 'appropriate and necessary' to regulate electric utility steam generating units under section 112 of the Clean Air Act (CAA)."[8]

A 2021 proposed rulemaking from the EPA seeks to revoke the 2020 action and reinstate the MATS rule.[9]

During the period that the MATS rule was in effect, Kentucky had 580 power plants subject to the mercury standards.[10]

### Ozone standards[edit]

See also: Ground-level ozone standards

Federal ozone standards establish the acceptable amount of ground level ozone, commonly known as smog, which is formed when nitrogen oxide combines with other organic chemicals in the atmosphere. Automobiles, power plants, factories and manufacturing centers emit the nitrogen oxide necessary for ozone formation. In high concentrations, ozone is harmful to human health.[11][12]

EPA in 2015 lowered the acceptable amount of ground-level ozone (smog) in the air. The standards went into effect in 2025. States would have between the years 2020 and 2037 to create and establish a plan to meet the standards, depending how much ozone forms in certain areas of a state.[13][14]

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### Clean Power Plan[edit]

See also: Clean Power Plan and climate change

The EPA in 2015 finalized a regulatory action known as the Clean Power Plan aimed at mitigating what the agency views as potentially human-caused climate change. The plan aims to reduce carbon dioxide (CO2) emissions from coal\- and oil-fired power plants (fossil fuel-fired) and natural gas-fired power plants by 32 percent from 2005 levels by 2030. Each state would have to meet goals based on the number of fossil fuel- and natural gas-fired plants in the state.[15][16][17]

After several states challenged the plan in court, arguing in part that the plan exceeded the EPA's statutory authority, the U.S. Court of Appeals for the District of Columbia Circuit delayed the rule's implementation in June 2016. The Trump administration later moved to replace the Clean Power Plan with the Affordable Clean Energy rule. The D.C. Circuit vacated the Trump-era rule in January 2021, "giving the incoming Biden administration a clean slate for" drafting a new rule, according to Bloomberg.[18][19]

### Carbon dioxide emissions[edit]

The following table provides information about annual carbon dioxide emissions in Kentucky from 2010 to 2020:[20]

Carbon dioxide emissions in Kentucky, 2010-2020 (in million metric tons of energy-related carbon dioxide)

Year  | Total carbon dioxide emissions
2020 | 101.9
2019 | 115.4
2018 | 122.8
2017 | 116.8
2016 | 126.8
2015 | 131.3
2014 | 140.4
2013 | 139.7
2012 | 140.6
2011 | 151.2
2010 | 152.9
Source: U.S. Energy Information Administration

## Land[edit]

### Federal land policy[edit]

See also: Federal land policy

Federal land policy involves the conservation and management of natural resources on land owned by the federal government. Most federal land policies focus on conservation, recreation, oil and natural gas extraction, wildlife and forest management, and grazing.

The federal government as of 2018 owned around 640 million total acres of land (about 28 percent) of the 2.27 billion acres of land in the United States. Four federal agencies (the Bureau of Land Management (BLM), the Fish and Wildlife Service (FWS), the National Park Service (NPS), the Forest Service (FS) oversee public lands for conservation, recreation, wildlife protection, grazing, energy production, and other purposes. The Department of Defense also oversees federal lands used for military, training, and related purposes. The majority of federal land is located in Alaska and 11 coterminous Western states[21]

### Federal land ownership[edit]

See also: Federal land ownership by state

The table below features information about changes in federal land ownership in Kentucky from 1990 to 2018:[21]

Change in federal land ownership in Kentucky, 1990-2018

Year  | Total federal land (in acres)  | Percentage of state land owned by the federal government
2018 | 1,100,160 | 4.3%
2010 | 1,083,104 | 4.2%
2000 | 1,065,814 | 4.2%
1990 | 966,483 | 3.8%
Source: Congressional Research Service

### Federal land management by agency[edit]

The following table features information about federal land management in Kentucky by federal agency in 2018:[21]

Federal agency land management in Kentucky, 2018

Agency  | Total federal land in state managed by agency (in acres)  | Percentage of total federal land in state
Bureau of Land Management (BLM) | 0 | 0.0%
Forest Service (FS) | 818,268 | 74.4%
Fish and Wildlife Service (FWS) | 11,838 | 1.1%
National Park Service (NPS) | 94,103 | 8.6%
Department of Defense (DoD) | 175,951 | 16.0%
Source: Congressional Research Service

#### National parks[edit]

The U.S. National Park Service (NPS) as of February 2023 oversaw what the agency describes as 424 units (often referred to as parks) and more than 150 related areas within the National Park System. The agency assists in managing national historic areas, wild and scenic rivers, historic landmarks, and national trails. The National Park System contained more than 85 million acres as of February 2023, including national parks, historical parks and sites, national monuments, battlefields and military parks, recreation areas, seashores, and parkways. More than 297 million visitors attended sites in the National Park System in 2021. NPS employed around 20,000 permanent, temporary, and seasonal employees as of February 2023.[22][23][24]

NPS operated 7 national parks in Kentucky as of February 2023.[25]

The following table features visitation statistics for national parks in Kentucky from 2017 to 2021.[26]

National Park Service visitation in Kentucky, 2017-2021

Year  | Total recreation visits
2021 | 1,909,423
2020 | 1,519,274
2019 | 1,752,796
2018 | 1,742,439
2017 | 1,855,444
Source: U.S. National Park Service

### Payments in lieu of taxes[edit]

See also: Payments in lieu of taxes

The U.S. Department of the Interior pays local governments each year to offset what they lose in property taxes due to non-taxable federal land within their borders, commonly known as payments in lieu of taxes (PILT). PILT payments go toward fire and police departments, public schools, road construction, and other local services. PILT amounts are based on population and the amount of federal land in a county. From 1977 (when PILT payments began) to 2022, the Interior Department paid out around $10.8 billion to states, territories, and Washington, D.C. PILT payments can be used for any governmental purpose.[27][28]

The following table features information about payments in lieu of taxes received by local governments in Kentucky from 2017 to 2021.[29]

Total payments in lieu of taxes, Kentucky, 2017-2021

Year  | Total payments in lieu of taxes
2022 | $3,035,573
2021 | $2,884,029
2020 | $2,816,608
2019 | $2,639,956
2018 | $3,304,066
Source: U.S. National Park Service

### Oil and natural gas activity[edit]

See also: Oil and natural gas extraction on federal land and BLM oil and gas leases by state

The federal government leases its land to private individuals and companies for energy development, including drilling for crude oil and natural gas, solar energy, and geothermal energy. Oil and natural gas drilling on federal lands in the United States is primarily overseen by the U.S. Bureau of Land Management. Private oil and natural gas companies apply for leases from the BLM to produce energy on federal land. About 26 million acres of federal land—12.8 million of which produced oil and gas in economic quantities—were leased to about 24,000 oil and gas developers operating 96,000 wells at the end of fiscal year 2018.[30]

The following table features information about oil and natural gas activity on federal land in Kentucky from 2017 to 2021:[31][32]

Oil and natural gas activity on federal land in Kentucky, 2017-2021

Year  | Oil production (in thousands of barrels)  | Natural gas production (in million cubic feet)  | Total leases in state  | Total leased acres in state
2021 | 6,150 | 90,843 | 64 | 33,723
2020 | 7,105 | 97,847 | 69 | 37,557
2019 | 6,228 | 102,143 | 70 | 38,257
2018 | 5,197 | 113,879 | 71 | 38,484
2017 | 6,026 | 110,355 | 70 | 38,257
Source: U.S. National Park Service

## Water[edit]

### Clean Water Act[edit]

See also: Implementation of the Clean Water Act

The Clean Water Act is a federal law regulating pollutants discharged into all waters of the United States, including lakes, rivers, streams, and wetlands. The federal government approves water quality and technology standards for major sources of water pollution, such as chemical plants, steel manufacturers, municipal facilities, and others. Each state must establish water quality standards for all bodies of water within its boundaries.[33]

Under the Clean Water Act, it is unlawful to discharge any pollutant from any source into navigable waters without a federal permit. The permit specifies what limitations or conditions apply to a facility before the facility may discharge any pollutants. Federal permits may contain facility-specific requirements and limitations depending on the water source.[34]

The following table provides information about the number of Kentucky facilities subject to regulation under the Clean Water Act from 2014 to 2023:[35]

Clean Water Act permits, Kentucky, 2014-2023

Year  | Number of facilities
2023 | 8,907
2022 | 10,617
2021 | 9,673
2020 | 8,888
2019 | 9,613
2018 | 9,112
2017 | 8,552
2016 | 11,112
2015 | 11,130
2014 | 10,851
Source: U.S. Environmental Protection Agency, "National Water Activity Dashboard"

## Waste[edit]

### Superfund sites and hazardous waste facilities[edit]

See also: Comprehensive Environmental Response, Compensation and Liability Act

Superfund is a federal program that addresses contaminated waste sites and their return to practical use. Superfund sites include oil refineries, smelting facilities, mines and other industrial areas. The federal government can compel the private entities responsible for a waste site to clean the site or face penalties. If the federal government cleans a waste site, it can compel the responsible company to reimburse the government for cleanup costs. Because Superfund sites are added and removed from a prioritized list on a regular basis, the total number of Superfund sites since the program's inception in 1980 is unknown.[36][37][38]

The federal Resource Conservation and Recovery Act covers hazardous wastes, including their generation, treatment, storage and disposal. States may regulate hazardous wastes rather than the federal government. The EPA is responsible for all hazardous waste requirements if no state program exists. Hazardous waste regulations cover waste generators, transporters, treatment centers, storage and disposal facilities.[39]

Kentucky had 11 Superfund sites and 1,709 regulated hazardous waste facilities as of February 2023.[40][41]

## Endangered species[edit]

### Endangered Species Act[edit]

See also: Endangered species in Kentucky

The Endangered Species Act is a federal law that mandates the listing and conservation of endangered and threatened species. The legislation aims to prevent the extinction of vulnerable species throughout the United States and to recover a species' population to the point where listing the species as endangered or threatened is no longer necessary. The U.S. Fish and Wildlife Service is responsible for the law's implementation.[12][42]

Kentucky had 44 federally listed endangered or threatened plant or animal species as of February 2023. To view the full list, click here.[43]

## Environmental ballot measures in Kentucky[edit]

The following list features historical information about ballot measures relating to environmental issues in Kentucky.

#### Natural resources[edit]

Ballotpedia staff have tracked no ballot measures relating to natural resources in Kentucky

#### Environment[edit]

Ballotpedia staff have tracked no ballot measures relating to the environment in Kentucky

#### Water[edit]

Ballotpedia staff have tracked no ballot measures relating to water in Kentucky

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## Recent environmental legislation in Kentucky[edit]

The following list features information about environmental bills that have been introduced in or passed by the Kentucky State Legislature in the last five years. To learn more about these bills, click the bill title. This information is provided by BillTrack50 and LegiScan.

Note: Due to the nature of the sorting process used to generate this list, some results may not be relevant to the topic. If no bills are displayed below, no legislation pertaining to this topic has been introduced in the legislature recently.

## See also[edit]

* Endangered species in Kentucky
* Energy policy in Kentucky
* Federal land policy
* Federal land ownership by state
* U.S. Bureau of Land Management
* U.S. Department of the Interior
* U.S. Environmental Protection Agency
* U.S. Fish and Wildlife Service
* U.S. National Park Service

## External links[edit]

* Search Google News for this topic
* Kentucky Energy and Environment Cabinet
* U.S. Environmental Protection Agency

## Footnotes[edit]

1. ↑ Kentucky Department of Environmental Protection, "About," accessed March 5, 2023
2. ↑ Kentucky Department of Natural Resources, "About," accessed March 5, 2023
3. ↑ U.S. Environmental Protection Agency, "Clean Air Act Requirements and History," accessed August 7, 2014
4. ↑ U.S. Environmental Protection Agency, "Understanding the Clean Air Act," accessed August 7, 2014
5. ↑ U.S. Environmental Protection Agency, "History of the Clean Air Act," accessed August 7, 2014
6. ↑ U.S. Environmental Protection Agency, "Analyze Trends: EPA/State Air Dashboard," accessed February 9, 2023
7. ↑ U.S. Environmental Protection Agency, "Basic Information on Mercury and Air Toxics Standards," accessed January 5, 2015
8. ↑ EPA, "Final Revised Supplemental Finding and Results of the Residual Risk and Technology Review," accessed February 2, 2023
9. ↑ EPA, "Proposed Revocation of the 2020 Reconsideration and Affirmation of the Appropriate and Necessary Supplemental Finding," accessed February 2, 2023
10. ↑ U.S. Environmental Protection Agency, "Power Plants Likely Covered by the Toxics Rule," accessed January 19, 2016
11. ↑ U.S. Environmental Protection Agency, "Ground Level Ozone: Regulatory Actions," accessed February 2, 2016
12. ↑ 12.0 12.1 U.S. Environmental Protection Agency, "Overview of EPA's Proposal to Update the Air Quality Standards for Ground-Level Ozone," November 25, 2014 Cite error: Invalid `<ref>` tag; name "overview" defined multiple times with different content
13. ↑ Washington Examiner, "EPA tries to appease green groups mad about ozone rules," October 1, 2015
14. ↑ U.S. Environmental Protection Agency, "Ground Level Ozone by the numbers," accessed February 2, 2016
15. ↑ U.S. Environmental Protection Agency, "Overview of the Clean Power Plan," accessed November 3, 2015
16. ↑ U.S. Environmental Protection Agency, "Clean Power Plan Toolbox for States," accessed November 3, 2015
17. ↑ U.S. Environmental Protection Agency, "Clean Power Plan - Rule Summary," August 3, 2015
18. ↑ The Hill, "Supreme Court climate fight shakes up Senate races," February 10, 2016
19. ↑ Bloomberg, "EPA’s Industry-Friendly Climate Rule Struck Down by Court (3)," January 19, 2021
20. ↑ U.S. Energy Information Administration, "Energy-Related CO2 Emission Data Tables," accessed February 3, 2023
21. ↑ 21.0 21.1 21.2 Congressional Research Service, "Federal Land Ownership: Overview and Data," December 29, 2014
22. ↑ U.S. National Park Service, "About Us," accessed February 7, 2023
23. ↑ National Park Service, "Visitation Numbers," accessed February 7, 2023
24. ↑ National Park Service, "Organizational Structure of the National Park Service," accessed February 7, 2023
25. ↑ National Park Service, "Kentucky," accessed February 7, 2023
26. ↑ U.S. National Park Service, "Visitation By State and By Park (2017 - Last Calendar Year)," accessed February 7, 2023
27. ↑ U.S. Department of the Interior, "Payment in Lieu of Taxes," accessed February 1, 2023
28. ↑ U.S. Department of the Interior, "Frequently Asked Questions," accessed February 8, 2016
29. ↑ U.S. National Park Service, "Payment in Lieu of Taxes," accessed February 7, 2023
30. ↑ Bureau of Land Management, "About the BLM Oil and Gas Program," accessed February 7, 2023
31. ↑ U.S. Department of the Interior, "Natural Resources Revenue Data," accessed February 7, 2023
32. ↑ Bureau of Land Management, "Oil and Gas Statistics," accessed February 7, 2023
33. ↑ U.S. Environmental Protection Agency, “Summary of the Clean Water Act,” accessed January 29, 2014
34. ↑ U.S. Environmental Protection Agency, "NPDES Home," accessed September 23, 2014
35. ↑ U.S. Environmental Protection Agency, "Analyze Trends: EPA/State Wastewater Dashboard," accessed February 9, 2023
36. ↑ U.S. Environmental Protection Agency, "Superfund Glossary, S," accessed December 1, 2014
37. ↑ U.S. Environmental Protection Agency, "Superfund Glossary, N," accessed November 25, 2014
38. ↑ U.S. Environmental Protection Agency, "Introduction to the Hazard Ranking System (HRS)," accessed February 17, 2015
39. ↑ U.S. Environmental Protection Agency, "Resource Conservation and Recovery Act (RCRA)," accessed August 11, 2014
40. ↑ Environmental Protection Agency, "National Priorities List (NPL) Sites - by State," accessed February 9, 2023
41. ↑ Environmental Protection Agency, "Analyze Trends: EPA/State Hazardous Waste Dashboard," accessed February 9, 2023
42. ↑ U.S. Fish and Wildlife Service, "ESA Overview," accessed October 1, 2014
43. ↑ U.S. Fish and Wildlife Service, "Listed species believed to or known to occur in each State," accessed February 9, 2023

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