A JOINT RESOLUTION directing the Energy and Environment Cabinet to adopt revisions to the state air quality implementation plan to remove the reformulated gas requirement for Jefferson County and applicable parts of Oldham and Bullitt Counties.
Summary
SJR28 is a joint resolution directing Kentucky’s Energy and Environment Cabinet, working with the Louisville Metro Air Pollution Control District, to pursue changes to the state air quality implementation plan so the reformulated gasoline requirement can be removed for Jefferson County and the affected portions of Oldham and Bullitt Counties. The resolution is tied to federal Clean Air Act requirements and the area’s ozone attainment status, and it contemplates replacing the gasoline mandate with other air pollution control strategies if needed to achieve equal or better emissions reductions and comply with national air quality standards.
The resolution also sets out a process and timeline. It asks the Governor to petition the EPA to opt out of the reformulated gasoline program under federal rules if alternative strategies can meet air quality goals, and it requires the cabinet and district to propose SIP revisions within 60 days after the area is redesignated as attaining ozone standards. Those revisions must remove the reformulated gas requirement, identify substitute control measures if necessary, and make any other changes needed to satisfy Clean Air Act obligations. The cabinet and district must also report to the Interim Joint Committee on Natural Resources and Energy by October 31, 2025.
Impact
If adopted and carried out, SJR28 would not itself change federal law, but it would direct Kentucky agencies to seek federal approval to end the reformulated gasoline requirement in the Louisville-area counties currently subject to it. It would affect the state implementation plan under the Clean Air Act, the Energy and Environment Cabinet, the Louisville Metro Air Pollution Control District, and motorists, fuel suppliers, and businesses in Jefferson County and parts of Oldham and Bullitt Counties. The practical effect would be to remove a long-standing fuel formulation mandate if EPA approval and ozone attainment conditions are met, while preserving the state’s obligation to maintain air quality compliance through other measures.
Sentiment
The overall sentiment reflected in the bill text and vote history is strongly supportive of removing the reformulated gasoline requirement, with the Senate passing the resolution 37-0. The resolution frames the mandate as less environmentally beneficial than it once was and emphasizes cost-effectiveness and flexibility in meeting air quality goals. The absence of recorded opposition in the vote suggests broad agreement on pursuing an alternative approach, at least at the Senate stage.
Contention
The main point of contention is not whether air quality standards should be maintained, but how Kentucky should do so and whether the reformulated gasoline requirement should remain part of the strategy. Supporters of the resolution argue that conventional gasoline improvements and other control strategies can provide equivalent or greater emissions reductions at lower cost. The countervailing concern, reflected in the resolution’s conditions, is that any replacement strategy must still attain and maintain NAAQS, protect human health, and satisfy Clean Air Act requirements. The EPA’s prior denial of a temporary waiver and withdrawal of a proposed attainment approval also show that federal approval remains a key obstacle.