Based on a petition submitted to me by the Governor of the State of Kentucky, pursuant to Section 110(f) of the Clean Air Act, I hereby determine that a regional energy emergency exists in the State of Kentucky of such severity that a temporary suspension of certain particulate and sulfur dioxide control regulations under the Kentucky Air Quality Implementation Plan may be necessary, and that other means of responding to the energy emergency may be inadequate. This determination shall be effective for not more than thirty (30) days, provided that the State of Kentucky shall hold the public hearing required by Section 110 (f) of the Clean Air Act within 1 week of this determination. If, during the period of suspension, I find that a regional energy emergency no longer exists in Kentucky, I will direct that this determination of regional energy emergency be rescinded and that all suspension orders issued by the Governor be terminated effective on the day of that rescission. The Administrator of the Environmental Protection Agency retains full authority to disapprove temporary suspensions of regulations in Kentucky and to exercise his emergency powers authority under Section 303 of the Clean Air Act, when and if necessary.
I urge the Governor to act with due care if he suspends air pollution regulations under the authority provided by this determination, since such regulations are important to protect public health. In conducting hearings and making findings, I urge the Governor to carefully consider that suspensions which would allow a facility to burn available fuel which could not otherwise be utilized are generally appropriate. On the other hand, suspensions which permit facilities to turn off pollution control devices should be used sparingly and as a last resort, because such suspensions will accomplish only small energy savings while increasing risks to public health.
I also urge the Governor to implement fully necessary energy conservation measures so that the necessity for suspension of pollution control regulations can be minimized.