The regular meeting of the Air Pollution Control Board of Jefferson County was called to order February 21, 2001, at 9:15 a.m. in the Board Room of the Air Pollution Control District, 850 Barret Avenue, Louisville, Kentucky, by the Chairperson pro tem, Karen Cassidy. Michael Hesse, Lewis Hammond, and Lee Howard 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, Barry Zalph, Deborah Donaldson, Phyllis Fitzgerald, Terri Phelps, Tom Hall, Beverly Tyler, 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; Steve Marks, GE; Robert Offutt, Smith Management Group; Martin Luther and John Gowins, Kentucky Division for Air Quality; Greg Campbell and Robert Gioffre, Gordon-Darby; Marlene Zeckner Perdue, LG&E; Greg Long, Ford LAP; Kyle Hardin, United Defense; Carolyn Embry, American Lung Association; Charlie Huff, C R Huff Environmental; Dawn Jenkins, Commissioner Delahanty’s Office; and Ray Pierce, FLP Neighborhood Association.

Approval of Minutes

The minutes of the Board meeting of January 17, 2001, were approved.

New Business

A. Board Order with Ford Louisville Assembly Plant

The Ford Louisville Assembly Plant is in agreement with the changes to the proposed Board Order. Mr. Trout said that there are no unresolved issues with the proposed Board Order and that the District recommends that the Board approve the Board Order with the changes as presented today.

ACTION: Mr. Howard moved the adoption of the Board Order with Ford Louisville Assembly Plant as presented today.

The motion passed unanimously.

B. Board Order with Louisville Medical Center Steam Plant

The Louisville Medical Center Steam Plant is in agreement with the changes to the proposed Board Order. Mr. Trout said that there are no unresolved issues with the proposed Board Order and that the District recommends that the Board approve the Board Order as proposed.

ACTION: Mr. Hammond moved the adoption of the Board Order with Louisville Medical Center Steam Plant as presented today.

The motion passed unanimously.

C. Status of Redesignation

Mr. Trout said that the U.S. Environmental Protection Agency (EPA) had some concerns regarding the method used by the Kentuckiana Regional Planning and Development Agency (KIPDA) to develop the number of vehicle miles traveled (VMT) and speeds used for calculating the mobile source emissions. As a result, KIPDA is in the process of developing a new set of VMT and speeds for the five-county Louisville 1-hour ozone nonattainment area and should have this work completed by sometime next week. As soon as KIPDA finishes the new set of VMT and speeds, then the redesignation request document can be completed and a public comment period may begin. The redesignation request document will also include a maintenance plan showing that the volatile organic compound (VOC) and oxides of nitrogen (NO_x) emissions in the Kentucky portion of the Louisville 1-hour attainment area through the year 2012 will not exceed the levels actually emitted in 1999, the base year of the maintenance plan. This redesignation request document and the public review process will be coordinated with the Kentucky Division for Air Quality and will be a joint process that includes the nonattainment portions of Bullitt and Oldham Counties.

Mr. Hesse asked about the 8-hour ozone standard and Mr. Williams replied that a decision is expected from the U. S. Supreme Court by spring.

Dr. Powell arrived.

Staff Reports

A. Director

Mr. Williams said that last week a former employee, Gary Wilson, died of leukemia. He was an employee of the District for 24 years.

Mr. Williams gave a brief legislative update. Senate Bill 48 would abolish the VET Program, effective October 31, 2003. This bill passed the Agriculture and Natural Resources Committee favorably last week with a 6-5 vote and then went to the full Senate. No action has been taken yet by the full Senate. The committee chair allowed John Hornback and Mr. Williams to talk on behalf of the VET Program. Dr. Powell and June Parrish were present but neither was given an opportunity to testify. There are three amendments being proposed on Senator Seum’s bill. An amendment proposed by Senator Shaughnessy states that if a county comes in attainment and has a VET Program in progress, then a study would be made with members from the Governor’s Office, Mayor’s Office, County Judge’s Office, and other members to keep the area in attainment without a VET Program. Mr. Williams said that he will keep the Board members informed of the status of this bill.

House Bill 27 would exempt vehicles of the most recent first four model years from the requirement to participate in the VET programs in Jefferson County and Northern Kentucky. This bill will be heard today for the first time at noon. Representative Paul Marcotte, the bill’s sponsor, will agree to restricting the bill to only a one-model-year exemption. Mr. Williams will submit the Board’s recommendation to the Legislative Delegation on exemption of model years by the VET Program that was adopted last year.

The EPA had sent a letter of deficiency on the State Title V Program to the Kentucky Division for Air Quality (DAQ) because the State audit privilege law would prohibit appropriate enforcement actions. The EPA had also sent a letter to the District indicating that the EPA believed that this problem with the State’s audit privilege law likewise impacted approvability of the District’s Title V Program. There is a bill before the General Assembly with an agreement between the EPA, the State, and businesses involved that would solve this Title V Program deficiency problem.

Mr. Williams discussed the January 2001 PM_2.5 monthly average and year-to-date annual average summary. A copy is attached to the original minutes. The month of January averaged 21.6 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. During the past 25 months, the average was 17.3 µg/m³ .

Ms. Phelps said that Republic Services has indicated that it would not agree to entering into an Order with the Board; the District is reassessing its enforcement options. The District is looking at the provisions of the District’s dust and odor regulations and could require Republic Services to apply for a permit to operate. Republic Services has an outstanding Notice of Violation and the company has agreed to pay this penalty. The District is conducting an internal review and should reach a decision within the next 30 days. The District will continue to inspect Republic Services, respond to complaints, and take appropriate enforcement actions as usual.

Mr. Williams reported that last summer gasoline prices in our community rose considerably and questions were asked about reformulated gasoline. The District is in the process of checking the commodity prices and watching this issue before it comes up this year.

B. VET

The VET Report for January 2001 was submitted for filing. A copy is attached to the original minutes.

C. Enforcement Status

The Enforcement Status Report dated February 12, 2001, was submitted for filing. A copy is attached to the original minutes.

Adjournment

The meeting adjourned at 9:40 a.m.

/signed/
Karen Cassidy
Chairperson pro tem

/signed/
Jonathan L. Trout
Secretary-Treasurer