The regular meeting of the Air Pollution Control Board of Jefferson County was called to order March 21, 2001, at 9:20 a.m. in the Board Room of the Air Pollution Control District, 850 Barret Avenue, Louisville, Kentucky, by the Chairman Dr. Robert Powell. Joe Vibbert, Lewis Hammond, and Karen Cassidy were present. A quorum was present.

The following staff were present: Art Williams, Jon Trout, Gayle Ballard, Art Chang, Tom Pinto, Doug Spillman, Diane Hazellief, Martha Gammons, Rebecca Stutsman, Bruce Gaylord, Chris Bryant, Barry Zalph, Deborah Donaldson, Phyllis Fitzgerald, Richard Heil, Eva Addison, Darrell Poff, John McCarthy, Sam Bate, 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: Susan Clark, PMD Group; Brad Dillon, Greenebaum Doll & McDonald; Malcolm Winsper and Dave Newman, Kentucky Motorcycle; Robert Offutt, Smith Management Group; Robert Gioffre, Gordon-Darby; Jason Wilkerson, Caryl Pfeiffer, Don Hammack, Marlene Zeckner-Perdue, and Mike Kirkland, LG&E; Carolyn Embry, American Lung Association; Charlie Huff, C R Huff Environmental; Bob Ehrler, Frost Brown Todd; Pat Moran, Rohm & Haas; Dr. Anneta Arno, Greater Louisville; Louie Seger, Bee Line Courier Service; and Jonathan Miller, DuPont Dow Elastomers.

The minutes of the Public Hearing and the Board meeting of February 21, 2001, were approved.

The BFGoodrich Company is in agreement with the changes to the proposed Board Order. Mr. Gaylord said that the District recommends that the Board approve the Board Order with the changes as presented today.

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

The motion passed unanimously.

Louisville Gas and Electric Company is in agreement with the changes to the proposed Board Order. Mr. Gaylord said that the District recommends that the Board approve the Board Order as presented today.

Mr. Williams said that this has been a longstanding concern for the residents in Valley Village. On Monday night he attended a meeting of the Valley Village Board of Trustees; the proposed Board Order was received favorably and the community seemed to be in support of this Order.

ACTION: Mr. Hammond moved to adopt the Board Order with Louisville Gas and Electric Company as presented today.

The motion passed unanimously.

Mr. Williams recognized Mr. Louie Seger, CEO for Bee Line Courier Service. Mr. Seger said that his company uses the Sparrow electric vehicle for business deliveries in the downtown area. Bee Line Courier Services has approximately 114 vehicles, 10 of them being new Sparrow electric vehicles. This is a big success for his company. Safety is not an issue with the Sparrow. The Company’s goal is to sell Sparrows to the public. Mr. Williams presented a draft resolution, recognizing Bee Line Courier Service, for Board consideration.

ACTION: Mr. Vibbert moved to adopt the Resolution commending Bee Line Courier Service for its promotion of the zero-emission Sparrow electric vehicles.

 

The motion passed unanimously.

 

A copy of the Resolution is attached to the original minutes.

Mr. Moran reported that the SIP Advisory Panel met Tuesday, March 13. Mr. Trout summarized the highlights of that meeting. This is the last week of the 2001 regular Legislative Session. House Bill 291, Representative Clark’s bill, would create a task force to study the Vehicle Emissions Testing (VET) issue and make recommendations for the 2003 legislative session. HB 291 passed the House but died in the Senate. Senate Bill 48 would create a VET Program Review Group to develop a strategy to identify alternate methods to bring counties into attainment with the federal Clean Air Act standards. The bill passed the Senate but died in the House. House Bill 27 would exempt from inspection motor vehicles one year in age or newer. This bill passed favorably out of one House Committee but was recommitted and died. House Bill 134 would ban the use of MTBE in gasoline but no action was taken. House Bill 143 passed to resolve the audit privilege issue identified by the U. S. Environmental Protection Agency (EPA) as a Title V Program deficiency for the Kentucky Department for Air Quality and possibly for the District.

Mr. Trout said that the 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 mobile source emissions. 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 begun. 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. Trout said that the Board has adopted amendments to all of the NO_x RACT Board Orders to resolve EPA’s concerns.

Also, at the SIP Advisory Panel Meeting, Mike DeBusschere, President of Kentuckiana Engineering and past president of Air and Waste Management Association (AWMA), gave a brief presentation on EPA’s draft O₃Flex Guidelines. John Seitz of EPA has challenged AWMA to help coordinate several flexible ozone SIPs. This guideline is intended to assist local areas looking for a means to remain in attainment with the air quality standards for ozone by proactively seeking local solutions to air quality issues. The idea is to achieve air quality and public health benefits now by implementing early voluntary pollution control measures tailored to local conditions before air quality standard violations occur or federal measures are mandated.

O₃Flex is a voluntary local approach to ozone attainment whose purpose is to encourage early emission reductions that will help keep the area attaining the 1-hour ozone standard, while also starting to provide health benefits envisioned under the 8-hour ozone standard. It is implemented through an intergovernmental agreement among EPA, the State, and the local community.

By developing and signing such an agreement, the area might remain designated attainment for the 1-hour ozone standard for a period of years as long as the agreement is maintained even if a violation of the 1-hour standard occurs. To the extent possible, voluntary emission control measures would be creditable to any future planning efforts to comply with the 1-hour standard.

In addition to long-term maintenance of the 1-hour standard benefits, O₃Flex may provide potential benefits to attaining the 8-hour standard such as easing 8-hour standard implementation burdens and possibly affecting classification of 8-hour nonattainment areas.

Mr. DeBusschere met with the Greater Louisville Air Subcommittee, which has agreed to participate. There is federal funding available from penalty monies.

Mr. Williams said that the United States Supreme Court issued a ruling on the Clean Air Act case challenging the 8-hour ozone standard and PM_2.5 standards. The ruling was a 9-0 decision in favor of EPA.

The ozone season has begun effective March 1.

Mr. Williams discussed the February 2001 PM_2.5 monthly average and year-to-date annual average summary. A copy is attached to the original minutes. The month of February averaged 13.9 µg/m³. The annual PM_2.5 standard is 15.0 µg/m³. During the past 26 months, the average summary was 17.3 µg/m³ .

There is a permitting issue between the District and the EPA on proposed Title V permits. A letter was received from EPA during the past few weeks concerning proposed Title V permits with Zeon, OxyVinyls, PolyOne, and BFG. There were a number of issues raised. The District is working with the EPA and the companies involved to resolve the issue.

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

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

The meeting adjourned at 9:50 a.m.

/signed/
Robert W. Powell, M.D.
Chairman

/signed/
Jonathan L. Trout
Secretary-Treasurer