A public hearing of the Air Pollution Control Board of Jefferson County was called to order June 20, 2001, at 9:02 a.m. in the Board Room of the Air Pollution Control District, 850 Barret Avenue, Louisville, Kentucky, by the Chairman, Dr. Robert Powell.

General Statement, Rules, and Purpose

The Chairman read the opening announcement, rules, and purpose of the hearing, which was to review five amendments to existing regulations and one new regulation.

A. Amendment to Regulation 1.15 Version of Federal Regulations Incorporated by Reference, Version #8, Draft #2 - Proposed, April 4, 2001

Mr. Trout said that the purpose of the proposed action to amend the current version of this regulation is to update the reference to the Code of Federal Regulations (CFR) Title 40 to identify the most recently published version. The District did not receive any written comments during the public comment period. Mr. Trout indicated that the District intends to recommend that the Board adopt the amendments to Regulation 1.15 as proposed.

Statements:

None.

B. Amendment to Regulation 5.02 Federal Emission Standards for Hazardous Air Pollutants Incorporated by Reference, Version #9, Draft #6 - Proposed, May 1, 2001

Mr. Trout said that the purpose of the proposed amendment is to update this regulation to make it as current as possible. The District has made changes noting additions, corrections, or amendments to 40 CFR part 61 and 40 CFR part 63 since July 1, 2000. The District has also corrected the titles of the subparts to be consistent with the titles as published in the CFR and specifically identified the appendices to 40 CFR part 61 and 40 CFR part 63.

The District received comments from the Kentucky Division for Air Quality (DAQ). Section 2.25 should include the change made to 40 CFR part 61 Appendix B on October 17, 2000 (65 FR 61744). Reference to 65 FR 61744 should be removed from section 3.5. The District concurs with these comments

Mr. Trout indicated that, after the May 2, 2001, Strategy Committee meeting, the EPA had made changes to several of the federal 40 CFR part 63 regulations. As a result, to be current as of today, the following changes could be made to Regulation 5.02: section 3.16 (line 63) - revise regulation title, add 66 FR 24268, 5-14-01; section 3.24 (line 71) - add 66 FR 28840, 5-25-01; section 3.46 (line 93) - add 66 FR 24272, 5-14-01; and section 2.60 (line 107) - add new Subpart CCCC, 66 FR 27876, 5-21-01. Mr. Trout said that typically the District would not suggest changing requirements to a regulation that had not been proposed. However, in this instance, the federal requirements are already in effect and enforceable by the EPA. Adding these changes would only allow the District to enforce them and allow affected companies to deal directly with the District rather than the EPA. Therefore, the District believes that adopting these changes today would not add substantive rights or responsibilities and would facilitate affected companies complying with these federal requirements. Therefore, the District intends to recommend that the Board adopt the amendments to Regulation 5.02 as proposed including the changes described at the public hearing.

Statements:

None.

C. Amendment to Regulation 7.02 Federal New Source Performance Standards Incorporated by Reference, Version #8, Draft #5 - Proposed, May 1, 2001

Mr. Trout said that the purpose of the draft amendment is to update the regulation to make it as current as possible. The District has made changes noting additions, corrections, or amendments to 40 CFR part 60 since July 1, 2000. The District has also specifically identified the appendices to 40 CFR part 60. The District did not receive any written comments during the public comment period.

However, on June 11, the EPA made a change to one of the federal 40 CFR part 60 regulations. As a result, to be current as of today, the following change could be made to Regulation 7.02: section 3.9 (line 30) - add 66 FR 31177, 6-11-01. Mr. Trout reiterated that typically the District would not suggest changing requirements to a regulation that had not been proposed. However, in this instance, the revised federal requirement is already in effect and enforceable by the EPA. Adding this change would only allow the District to enforce it and allow affected companies to deal directly with the District rather than the EPA. Therefore, the District believes that adopting this change today would not add substantive rights or responsibilities and would facilitate affected companies complying with this federal requirement. Therefore, the District intends to recommend that the Board adopt the amendments to Regulation 5.02 as proposed including the change described at the public hearing.

Statements:

None.

D. Amendment to Regulation 5.14 Hazardous Air Pollutants and Source Categories, Version #4, Draft #3 - Proposed, April 26, 2001

Mr. Trout said that the purpose of the proposed action to amend the current version of this regulation is to conform with changes that have made to the EPA list of hazardous air pollutants (HAPs) and source category lists for maximum achievable control technology (MACT) standards under the Act section 112.

The District received a comment from the DAQ indicating that the phrase "The following are the source categories ..." in Section 4 misleadingly implies that there are no other source categories on the EPA’s April 10, 1998 list. The District confirmed that this wording is correct; there are only the two source categories that are listed pursuant to the Act §112(c)(6). The other source categories are listed pursuant to the Act §112(c)(1).

Mr. Trout indicated that the District intends to recommend that the Board adopt the amendments to Regulation 5.14 as proposed.

Statements:

None.

E. Amendment to Regulation 5.15 Chemical Accident Prevention Provisions Version #3, Draft #3 - Proposed, April 26, 2001

Mr. Trout said that the purpose of the proposed action to amend the current version of this regulation is to incorporate the changes that the EPA has made to 40 CFR part 68 Accidental Release Prevention Requirements. This action adds §68.126 Exclusions, that excludes flammable substances used as fuel or held for sale at retail facilities from the requirements of this regulation, adds a definition of retail facility, and references §68.126 in Tables 3 and 4 of §68.130.

The District received a comment from the DAQ indicating that the change in §68.22(g) in the District’s regulation from the EPA’s regulation removes the temperature equivalency between this paragraph and §68.22(c). Mr. Trout said that this change from the EPA’s regulation was intentional and resulted from an intensive risk management plan program review process that included representatives of the community’s stakeholders.

Mr. Trout indicated that the District intends to recommend that the Board adopt the amendments to Regulation 5.15 as proposed.

Statements:

None.

F. New Regulation 6.49 Standards of Performance for Reactor Processes and Distillation Operations Processes in the Synthetic Organic Chemical Manufacturing Industry, Version #1, Draft #2 - Proposed, April 27, 2001

Mr. Trout said that the purpose of the draft action is to adopt a new regulation. The Clean Air Act requires ozone nonattainment areas that are classified as Moderate or higher to implement reasonably available control technology (RACT) for each category of volatile organic compound (VOC) sources for which a Control Techniques Guideline (CTG) is issued by the EPA. The EPA issued four CTG documents after the enactment of the Clean Air Act Amendments of 1990. The District had, after consultation with the EPA, originally made a determination that there was no source in Jefferson County covered by any of the four CTGs. However, upon reexamination, it was determined that there is one company in Jefferson County with two processes covered by the CTG Control of Volatile Organic Compound Emissions from Reactor Processes and Distillation Operations Processes in the Synthetic Organic Chemical Manufacturing Industry. Therefore, to fulfill this Clean Air Act requirement, the District must adopt a RACT regulation for this source category.

The District did not receive any comments on this proposed regulation during the public comment period. Mr. Trout indicated that the District intends to recommend that the Board adopt new Regulation 6.49 as proposed.

Statements:

None.

The hearing adjourned at 9:18 a.m.

/signed/
Robert W. Powell, MD
Chairman

/signed/
Jonathan L. Trout
Secretary-Treasurer