Minutes
Regular Meeting
of the
Air Pollution Control Board of Jefferson County
December 20, 2000
The regular meeting of the Air Pollution Control Board of Jefferson County was called to order December 20, 2000, at 9:06 a.m. in the Board Room of the Air Pollution Control District, 850 Barret Avenue, Louisville, Kentucky, by the Chairman, Robert Powell, M.D. Lee Howard, Michael Hesse, Joe Vibbert, and Lewis Hammond were present. A quorum was present.
The following staff were present: Art Williams, Jon Trout, Jess Goldsmith, Gayle Ballard, Art Chang, Tom Pinto, Doug Spillman, Richard Heil, Cynthia Lee, Martha Gammons, Rebecca Stutsman, Bruce Gaylord, Barry Zalph, Deborah Donaldson, Phyllis Fitzgerald, Terri Phelps, Beverly Tyler, Mark Goldsmith, Steve Oswald, Mitzi Powell, and Helen Harman. Kathy Matheny, Director of Government Affairs for the Judge/Executive’s Office, was also present.
The following guests were present: Brad Dillon, Greenebaum Doll & McDonald; Dave Newman, Kentucky Motorcycle Association; Jonathan Miller, DuPont Dow Elastomers; Steve Marks, GE; Dick Everhart and Robert Offutt, Smith Management Group; Martin Luther, KY Division for Air Quality; Greg Campbell, Gordon-Darby; Pat Moran, Rohm & Haas; Sharon Worley, MSD; Kevin Spangler and Sean Macanaghy, Oxy Vinyls; Henry Drexler, Drexler’s Auto; and The Rev. Louis Coleman, citizen.
Mr. Williams introduced new employees Terri Phelps, Enforcement Manager; Deborah Donaldson, KOPC Coordinator; Phyllis Fitzgerald, AP Technical Coordinator; and Steve Oswald, AP Technician I.
Approval of Minutes
The minutes of the public hearing and the regular meeting of November 15, 2000, were approved as mailed.
Public Comment
The Chairman said that he has considered the issue of insuring that the public has an opportunity to address the Board and that he would recommend, effective with this meeting, any citizen may speak at Board meetings for two minutes, longer if necessitated by handicap, if the District is notified in advance. If available, the written text of oral comments made should be given to Mr. Trout, Secretary-Treasurer.
Mr. Drexler said that he needed more than two minutes and therefore decided not to speak. He did not have any written comments with him. The Rev. Coleman agreed with Mr. Drexler regarding the time limitation and said that Mr. Drexler has had problems with Republic Services repeatedly. The Rev. Coleman has not had a response from the District regarding the comments he made at the November Board meeting. Mr. Drexler has tapes of Republic Services operations which were submitted to the District but nothing happened.
The Board received these comments. Mr. Williams said that a report will be made by staff about Republic Services later during the meeting.
Unfinished Business
A. Amendment to Regulation 2.16 Title V Operating Permits
Mr. Trout said that several discussions have been held with interested stakeholders. A Policy Committee Meeting was held on November 9, 2000, to brief the committee members on the unresolved issues. At that meeting, a compromise was proposed by a representative of an environmental organization. The District drafted language effecting this proposed compromise and distributed it to representatives of the community. Mr. Trout stated that the responses he received indicated that the proposed compromise was acceptable. Mr. Trout also stated that the U.S. Environmental Protection Agency (EPA) Region 4 office reviewed this proposed compromise and concluded that the changes were approvable.
Mr. Trout said that the only concern that he had received was that the language in Line 189 on Page 5 could be interpreted as setting up a mandatory EPA review and approval process. Mr. Trout indicated that the language had been drafted by the EPA and that he had had the same concern. However, after discussing this issue with the EPA, he believes that this is not the case and a separate review and approval process for insignificant activities is not required by this sentence. The intent of this sentence is that the EPA has the authority to review and approve the District’s determinations regarding the potential emissions of an insignificant activity if it chooses to do so.
Mr. Trout said that the issue involving a regulatory presumption that Title V permits need not contain additional monitoring, record keeping, and reporting requirements for insignificant activities was resolved by changing the District’s discretion from what was “necessary” to what was “appropriate.”
The District recommended that the Board approve Version #4 Draft #4 - Proposed (Post Proposal Amendment #1) dated November 30, 2000.
ACTION: Mr. Hesse moved the adoption of the amendment to Regulation 2.16 as recommended today.
Mr. Vibbert asked about recordkeeping requirements if not needed as mentioned on page 16. Mr. Trout replied that recordkeeping is a requirement by the District as annual reports must be submitted. A source must monitor in order to submit the required reports.
The motion passed unanimously.
B. Metropolitan Sewer District - Update
Mr. Goldsmith, Engineering Manager, updated the Board on the Metropolitan Sewer District Board Order. This Board Order was adopted in September and included a compliance plan and list of milestones. The Company submitted a December report to the District. The Company is on schedule.
C. Republic Services of Kentucky - Update
Terri Phelps, Enforcement Supervisor, updated the Board on the status of Republic Services/solid waste transfer station on Poplar Level Road. She stated that the District is responsive to complaints received and there has been regular surveillance of Republic Services. The District has identified several issues at this facility and the District has been working with Republic Services to address them. A Notice of Violation was issued in October to Republic Services that assessed a penalty amount of $1,150. The District will be developing a Board Order that will include corrective action to reduce dust and odors.
Ms. Phelps said that citizen complaints are entered into an automated database by District staff. She indicated, though, that there were two complaints received to which the District did not respond. This occurred during a transition of duties to new District staff. The District has instituted revised procedures to prevent this from occurring in the future.
Mr. Vibbert asked Ms. Phelps if the floor was repaired by Republic Services as reported by the Company about a year ago. Ms. Phelps reported that the floor had been replaced. Mr. Vibbert asked if the large door is being closed and the lot watered. Ms. Phelps reported the door has been repaired but was not sure if the large door has consistently been closed or if the lot has consistently been watered. The Company was experiencing some problems this week with the door. These are some of the issues that will be addressed in the proposed Board Order. Mr. Hesse asked if the Board Order will be on the agenda for next month. Mr. Ballard reported that a legal notice needs to be published in the newspaper and there might not be enough time to develop and publish the legal notice for consideration at the January Board meeting.
Mr. Gary Siemens, representing Republic Services, requested to make a presentation at the next meeting.
D. Board Order with American Synthetic Rubber Company, LLC
Mr. Trout said that the Board had adopted 10 oxides of nitrogen (NOx) reasonably available control technology (RACT) Board Orders in November of last year that were submitted to the EPA for inclusion in the Kentucky State Implementation Plan (SIP). After review of these Board Orders, the EPA required revisions to some of them for EPA approval and indicated that a NOx RACT plan was required for American Synthetic Rubber Company. A Public Hearing was held November 15, 2000, on three amended Board Orders and the new Board Order for American Synthetic Rubber. The District did not request Board action on those Board Orders at the November Board meeting because the EPA had submitted comments two days before the Public Hearing and resolution had not been reached by the time of the Public Hearing.
The American Synthetic Rubber Board Order did not require any changes except that the Board Order and the NOx RACT Plan include the date of approval, which needed to be changed from November 15 to December 20. Mr. Trout said that the District recommends approval of the Board Order with American Synthetic Rubber Company.
ACTION: Mr. Hammond moved the adoption of the Board Order with American Synthetic Rubber Company, LLC.
The motion passed unanimously.
E. Board Order with General Electric Company
Mr. Trout said that the District is not recommending action at today’s Board meeting. The District is in process of finalizing changes necessary for EPA approval. The final amended Board Order will be brought before the Board next month for action.
F. Board Order with Oxy Vinyls, LP
The Chairman excused Mr. Howard from the meeting. A quorum was still present.
Mr. Trout said that the final proposed Board Order includes some additional changes to the version that underwent the Public Review process, precipitated by the comments from the EPA. The outstanding issues were resolved with the EPA late yesterday afternoon. Mr. Trout said that Oxy Vinyls has indicated that the final proposed Board Order is acceptable and would be signed by the appropriate company official. Mr. Trout said that the District recommends that the Board approve the amended Board Order as presented today.
ACTION: Mr. Hesse moved the adoption of the Board Order with Oxy Vinyls, LP, as recommended by the District.
The motion passed unanimously.
Mr. Howard returned to the meeting.
G. Board Order with Texas Gas Transmission
Mr. Trout said the final proposed Board Order includes substantial changes to the version that underwent the Public Review process, also precipitated by comments from the EPA. Most significantly, dry controls will be added for the gas turbines and specific parameters were added for monitoring and record keeping. Mr. Trout said that the District recommends that the Board approve the amended Board Order as presented today.
ACTION: Mr. Howard moved the adoption of the Board Order with Texas Gas Transmission as recommended by the District.
The motion passed unanimously.
New Business
A. Amendment to Regulation 2.08 Emissions Fees, Permit Fees, Permit Renewal Procedures, and Additional Program Fees
Mr. Trout said that the District recommends approval of the proposed amendment.
ACTION: Mr. Vibbert moved the adoption of the amendment to Regulation 2.08 Emissions Fees, Permit Fees, Permit Renewal Procedures, and Additional Program Fees, Version #18, Draft #1 - Proposed, October 20, 2000.
The motion passed unanimously.
Committee Reports
A. Policy Committee
The Committee has not met.
B. Strategy Committee
This Committee has not met.
Staff Reports
A. Director
Mr. Williams said that the District plans to make application in January for redesignation to attainment of the one-hour ozone standard. The EPA Region V granted a waiver for the incomplete data recordation for the New Albany, Indiana ozone monitor for a few days at the start of the 1998 season.
Mr. Williams discussed the November 2000 PM2.5 monthly average and year-to-date annual average summary. A copy is attached to the original minutes. The month of November averaged 15.6 µg/m3 and the year-to-date annual average is 17.2 µg/m3.
Mr. Williams said that the EPA issued a Notice of Deficiency letter to Kentucky relating to the Title V program. The District has been discussing this with the State and EPA. This issue may be addressed in the General Assembly. The District will keep the Board advised of this. On Saturday, December 9, the District hosted a workshop on the Title V Program for interested citizens. There were approximately 20 citizens present.
Mr. Williams said that the District staff is very involved in the Cornerstone 2020 regulation development process which significantly focuses on air quality issues. He anticipates a more detailed presentation at the January Board Meeting.
Mr. Williams said that there could possibly be a bill introduced at the General Assembly exempting late model year vehicles. He will update the Board at the next meeting.
Mr. Williams said that over the next two years there will be discussions about how the City/County merger will address environmental issues. He will keep the Board updated on this issue.
Mr. Williams said that the budget process for the next fiscal year has begun and he will keep the Board updated.
The Chairman addressed the Board’s responsiveness to public issues. He said that he believes the Board deals with everyone in a fair manner. Board Meetings should be a place for deliberative consideration of issues of public concern. The Board always listens to health and environmental concerns and will do so in the future.
B. VET
The VET Report for November 2000 was submitted for filing. A copy is attached to the original minutes.
C. Enforcement Status
The Enforcement Status Report dated December 12, 2000, was submitted for filing. A copy is attached to the original minutes.
Adjournment
The meeting adjourned at 10:05 a.m.
| ________/signed/____________ Robert W. Powell, M.D. Chairman |
__________/signed/__________ Jonathan L. Trout Secretary-Treasurer |