A public hearing of the Air Pollution Control Board of Jefferson County was called to order September 19, 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.

General Statement, Rules, and Purpose

The Chairman read the opening announcement, rules, and purpose of the hearing which was to review an Amendment to Regulation 2.08.

Amendment to Regulation 2.08 Emissions Fees, Permit Fees, Permit Renewal Procedures, and Additional Program Fees, Version #19, Draft #3 - Proposed July 9, 2001

Mr. Trout said that the main purpose of the amendment is to amend the current version of this regulation to specify how large asbestos demolition/renovation projects will be treated. In the current regulation, the District is given discretion on when a large asbestos demolition/renovation project is required to obtain multiple permits. In the proposed change, a basic fee, including a specific amount of asbestos-containing material, is specified, and there is an additional fee for multiples of that amount of asbestos-containing materials involved in the project. In addition, the references to asbestos demolition/renovation projects have been removed from the construction and operating permit fee section and put into a separate section.

The issue of non-Title V permit transfers is clarified to indicate that a permit may be reissued (transferred) to a new owner or operator, and a minimum fee for permit transfers is established rather than assessing the full, applicable permit fee for issuance of that permit. In the case of permit transfers, some of the requirements that had been established for the Title V Operating Permit program have been included, most notably the requirement for a written agreement of when permit responsibility is changed to the new owner or operator and the inclusion of a permit condition that allows the District to amend a transferred permit to increase monitoring, record keeping, and reporting requirements.

Payment of Federally Enforceable District Origin Operating Permit (FEDOOP) fees is proposed to be required annually rather than at permit issuance. However, the total fee paid will not increase; the appropriate fee as determined at the time of permit issuance will be divided by the number of years for which the FEDOOP permit is valid (generally five years) and that amount will be billed annually and will not be increased annually by any increase in the Consumer Price Index.

Mr. Trout siad that the District intends to recommend that the Board approve the proposed amendments to Regulation 2.08 at the Board meeting immediately following this Public Hearing.

Statements

None.

The meeting adjourned at 9:10 a.m.

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Joseph Vibbert
Chairman

/signed/
Jonathan L. Trout
Secretary-Treasurer