Minutes
Regular Meeting
of the
Air Pollution Control Board of Jefferson County
January 17, 2001

The regular meeting of the Air Pollution Control Board of Jefferson County was called to order January 17, 2001, at 9:01 a.m. in the Board Room of the Air Pollution Control District, 850 Barret Avenue, Louisville, Kentucky, by the Chairman, Robert Powell, M.D. Michael Hesse, Joe Vibbert, and Karen Cassidy 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, Diane Hazellief, Cynthia Lee, Martha Gammons, Rebecca Stutsman, Bruce Gaylord, Chris Bryant, Barry Zalph, Deborah Donaldson, Phyllis Fitzgerald, Terri Phelps, Mark Goldsmith, Mitzi Powell, Gary Flispart, Regina Arthur, Judy Lloyd, Ron Jacobs, Steve Oswald, Mario Beeler, Mark Bradley, Kelley Bennett, Damon Harris, Burt Beard, Tabitha Ingram, 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; Malcolm Winsper and Dave Newman, Kentucky Motorcycle; Steve Marks, GE; Robert Offutt, Smith Management Group; Martin Luther, KY Division for Air Quality; Greg Campbell and Robert Gioffre, Gordon-Darby; Mike DeBusschere, Kentuckiana Engineering; Jason Wilkerson, LG&E; Carolyn Embry, American Lung Association; Don Satterly, Kentucky Gasoline Dealers; Diana Turner, DuPont Dow Elastomers; Becky McBrayer and Dawn Jenkins, Commissioner Delahanty’s Office; Henry Drexler, Drexler’s Auto; and Dennis Dever and the Reverend Louis Coleman, citizens.

Ms. Lee introduced each member of the Air Quality Section and described their contributions to the District’s ambient air criteria pollutant and toxics monitoring programs. The Air Quality Section staff members are Steve Oswald, Mark Bradley, Ron Jacobs, Kelley Bennett, Burt Beard, Damon Harris, Mario Beeler, Marty Layman, Tabitha Ingram, and Art Chang.

Approval of Minutes

The minutes of the public hearing and Board meeting of December 20, 2000, were reviewed. Mr. Hesse said that the minutes of the Board meeting should be corrected to show that Lee Howard excused himself during the discussion and voting on the Board Order with Oxy Vinyls, LP. The minutes of the public hearing were approved as mailed and the minutes of the Board meeting were approved as corrected.

Public Comment

The Reverend Louis Coleman

The Reverend Coleman stated that it is very important that Republic Services be moved to another location because of adverse air quality in that area. He could not understand how this company could be in good standing with the Kentucky Division of Waste Management. He stated that Republic Services has no operational procedures in place.

Unfinished Business

A. Board Order with General Electric Company

Mr. Trout stated that a public hearing was held last November on a proposed amended Board Order with General Electric Company. To address comments from the U. S. Environmental Protection Agency (EPA), that proposed amended Board Order was further amended by adding specific operation and maintenance (O&M) and record keeping requirements. The General Electric Company is in agreement with the changes to the proposed amended Board Order. Mr. Trout said that the District recommends that the Board approve the amended Board Order with the changes as presented today.

ACTION: Mr. Vibbert moved the adoption of the Board Order with General Electric Company as presented today.

The motion passed unanimously.

B. Republic Services of Kentucky

Ms. Phelps, Enforcement Supervisor, reported that Republic Services and the District are developing a draft Board Order. A meeting is scheduled next week with Republic Services to further discuss this draft Board Order which will specify enforceable operational requirements to abate fugitive emission and dust problems. A proposed Board Order should be before the Board at the next meeting. Mr. Vibbert asked what Republic Services has done within the last 30 days. Ms. Phelps replied that nothing new has been done. The facility has improved its record of performing several work practices that reduce fugitive emissions and has a street sweeper, but needs to keep the driveway watered. The Company has not watered the driveway recently because of the cold weather. Mr. Vibbert said that this has been an ongoing problem and he is interested in being kept abreast of what is being done on the Board Order. He requested that he receive an interim report, half way between now and the next meeting. Dr. Cassidy asked what agency permits Republic Services. Ms. Phelps replied that it is permitted by the Kentucky Division of Waste. The State does not consider the fugitive dust and odor problems to be a high priority.

New Business

A. Legislative Update

Mr. Williams reported on two bills that are currently under review. House Bill 27 would exempt vehicles of the most recent first four model years from the requirement to participate in the Vehicle Emissions Test (VET) program in Jefferson County, thus eliminating approximately 108,000 vehicles from the VET program; this is approximately 25% of vehicles currently being tested. The District is concerned that enactment of this bill could cause the Louisville metropolitan area to fail a transportation conformity analysis. This analysis covers federally-funded transportation projects proposed by the Kentuckiana Regional Planning and Development Agency (KIPDA). If the most recent four model year vehicles are eliminated from the VET program testing requirement, then the projected mobile source emissions in 2025 would be greater than the allotted mobile source emissions budget and thus the proposed plan would fail the transportation conformity analysis. The impact of this would be a loss of federal funding for such projects as the construction of the new Ohio River bridges, light-rail transit systems, and interstate highway improvements. An option would be to offset the loss of emission reductions because of a reduced VET program with emission reductions from other pollution sources, most likely from various industrial sources, at a cost of $2-3 millions dollars. Currently, emission reductions resulting from implementation of the VET program cost $500 to $1,000 per ton; to get a reduction from other sources would likely cost $5,000 to $10,000 per ton. This could also require that the VET fee be increased by 25%, closing a lane at each testing center, or closing an entire testing center, probably Bowman Field.

Senate Bill 48 would abolish the VET Program, effective October 31, 2003, which is the end date of the current contract with Gordon-Darby. Without a VET Program, the requirement for a twelve-year maintenance program would not be met and Jefferson County would probably be bumped up to the Serious nonattainment classification. Ironically, one of the requirements for a Serious 1-hour ozone nonattainment area is a more rigorous VET program than the program required for Moderate 1-hour ozone nonattainment areas. This bill would also cause a loss of federal funds. The District prepared a resolution expressing the Board's concern with these two bills. Mr. Williams has a meeting scheduled with Senator Seum Thursday, January 18. The session reconvenes on the first of February and it may last until March.

ACTION: Mr. Vibbert made a motion to adopt the Resolution that the Air Pollution Control Board of Jefferson County recommend to the members of the Legislature of the Commonwealth of Kentucky that SB48 and HB27 not be enacted.

The motion passed unanimously. A copy of the Resolution is attached to the original minutes.

B. Cornerstone 2020 Regulation Development Process

Mr. Williams said that the District is very active in this process. Dr. Zalph gave a short presentation on the Cornerstone 2020 Regulation Development Process. He briefed the Board on the connection between air quality and land use.

Committee Reports

A. Policy Committee

The Committee has not met.

B. Strategy Committee

This Committee has not met.

Staff Reports

A. Director

Mr. Williams asked Mr. Trout to update the Board on the 1-hour ozone redesignation request. Mr. Trout said that the District is nearing completion of the development of a redesignation request and maintenance plan. The District expects final projected mobile source data from KIPDA within the next week. A proposed redesignation request and maintenance plan, showing how the Kentucky portion of the Louisville 1-hour ozone nonattainment area will remain in attainment through the year 2012, will be sent to the EPA and made available for public comment.

Mr. Williams discussed the December 2000 PM_2.5 monthly average and year-to-date annual average summary. A copy is attached to the original minutes. The month of December averaged 17.0 µg/m³ and the annual average for 2000 was 17.0 µg/m³. The average for the last two years was 17.1 µg/m³ ; the annual PM_2.5 standard is 15.0 µg/m³.

Mr. Williams said that EPA awarded a $65,000 grant to the District to coordinate the next phase of the West County Community Air Toxics Program, which is the development of a risk assessment plan. The District will work with the West County Community Task Force, the University of Louisville, and the EPA to determine risks after analyzing the air toxics data.

Mr. Williams distributed and discussed the filing with the Kentucky Public Service Commission by Louisville Gas and Electric Company and Kentucky Utilities Company of a Demand-Side Management 2001-2007 Program Plan. The District requested full intervention status to ensure energy conservation in the community.

Mr. Williams distributed and discussed a copy of EPA’s letter dated January 5, 2001, regarding the audit of the VET Program. This is a very commendable report and he congratulated Diane Hazellief and her staff of the District and Robert Gioffre of Gordon-Darby.

Mr. Williams said that President-elect Bush has nominated Christine Todd Whitman, former Governor of New Jersey, as EPA Administrator.

B. VET

The VET Report for December 2000 was submitted for filing. A copy is attached to the original minutes.

C. Enforcement Status

The Enforcement Status Report dated January 9, 2001, 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