October 17, 2001
The regular meeting of the Air Pollution Control Board of Jefferson County was called to order October 17, 2001, at 9:10 a.m. in the Board Room of the Air Pollution Control District, 850 Barret Avenue, Louisville, Kentucky, by the Chairman, Joe Vibbert. Lewis Hammond, Karen Cassidy, Lee Howard, and Michael Hesse were present. A quorum was present.
The following staff were present: Jon Trout, Gayle Ballard, Diane Hazellief, Art Chang, Martha Gammons, Bruce Gaylord, Chris Bryant, Terri Phelps, Cynthia Lee, Rebecca Stutsman, Tom Pinto, Deborah Donaldson, Mike Brown, Nancy Kottak, Doug Spillman, Bob Dorzback, and Helen Harman.
The following guests were present: Dr. Robert W. Powell and June Parrish, former Board Chairmen; Mike DeBusschere, Kentuckiana Engineering; Brad Dillon, Greenebaum Doll & McDonald; Robert Gioffre and Deb Porter, Gordon-Darby; Pat Moran, Rohm and Haas; Malcolm Winsper, KY Motorcycle Association; Caryl Pfeiffer, LG&E; Steve Marks, G.E.; Robert Offutt, Scott R. Smith Environmental Management Consultants; Carolyn Embry, American Lung Association; Steve Wilborn, Kentucky Petroleum Council; and Paul Addington, St. Matthews Imports.
Mr. Trout said that the Jefferson County Fiscal Court approved the appointment of Dr. Wayne Tuckson to the Board on Tuesday, September 25. The District congratulated Dr. Tuckson on his appointment and welcomed him to the Board.
With the appointment of Dr. Tuckson, Dr. Powell’s long and distinguished service to the community as a member of the Board has ended and he has vacated the office of Chairman. Pursuant to the Bylaws of the Air Pollution Control Board of Jefferson County, the Vice-Chairman shall vacate the office of Vice-Chairman and become Chairman for the remainder of the term of the Chairman, which ends June 30, 2002. Therefore, Mr. Vibbert now assumes the duties of the office of Chairman.
Dr. Tuckson has been appointed to the Strategy Committee. Chairman Vibbert has asked Lee Howard to remain on the Strategy Committee and, because there is still an unfilled position on the Board, Mr. Vibbert will remain as a regular member of the Strategy Committee. However, he has appointed Lee Howard Chairman of the Strategy Committee. Chairman Vibbert has asked Lewis Hammond (Chairman), Karen Cassidy, and Michael Hesse to remain on the Policy Committee.
The Bylaws state that the Board shall now elect a new Vice-Chairman to serve the remainder of the term of Vice-Chairman. KRS 77.085(1) specifies that the Chairman and Vice-Chairman shall be of different political party affiliation.
Election of Board Vice-Chairman
ACTION: Mr. Hammond nominated Karen Cassidy for the office of Vice-Chairman. There were no other nominations.
Karen Cassidy was elected by a unanimous vote.
Approval of Minutes
The minutes of the Public Hearing and Board meeting of September 19, 2001, were approved as mailed.
New Business
A. Redesignation of Louisville to Attainment of the One-Hour Ozone Standard
Mr. Trout updated the Board on the status of redesignation of Louisville to attainment of the one-hour ozone standard. It is anticipated that the Federal Register notice will be published within the next week.
B. Board Order with AtoFina Chemicals, Inc.
The Company is in agreement with the proposed Board Order. Ms. Phelps said that the District recommends that the Board approve the proposed Board Order as presented in today’s public hearing.
ACTION: Ms. Cassidy moved the adoption of the proposed Board Order with AtoFina Chemicals, Inc. as presented today.
The motion passed unanimously.
C. Lawn Care for Cleaner Air Awards
Ms. Lee said that on October 2 County Judge/Executive Rebecca Jackson kicked off the Lawn Care for Cleaner Air Program. The following were recognized during the kickoff by Judge Jackson on October 2: Bishop Alphonso Monrew; Thomas Edison House, received by Director Heather Bain; Church of the Lord Jesus Christ of the Apostolic Faith, received by Mr. Holly Jernigan; Dr. Nicolai Hansen; Barbara Houk; and Sharon Sandlin Cunningham. The following were not present at today’s meeting but will be given awards: St. William Neighborhood Center, received by Director Rita Osborne; Dismas Charities St. Ann’s, received by Jennifer King; “The Garden Wall”, received by Kate Bostwick; Lee Dunham; Mattie Harris; Robert Mike Adams; Joyce Korfhage Rhea; Kenny Karem; Jennifer King; Martin and Suzanne Hirsch; John Burford and Debbie Utz; Barbara Hancock and Glenn Skaggs; Bill Tourin; Phyllis Croce and John Frey; Rita Osborne; Maria McCormick; Tess Johnson; Dr. and Mrs. Richard McChane; Mr. and Mrs. Patrick Gorman; and Kate Cunningham.
Committee Reports
A. Policy Committee
The Policy Committee has not met.
B. Strategy Committee
The Strategy Committee met on Tuesday, October 9, at 9:00 a.m. to review amendments to Regulations 8.01 Mobile Source Emissions Control Requirements and 8.02 Vehicle Emissions Testing Procedure. The amendments incorporate detailed procedures for on-board diagnostics (OBD) testing and delay the start of OBD testing from the January 2001 date that is in the current regulation to January 2002. The public comment period began on Thursday, October 11, and will end on Friday, November 9. The public hearing will be held before the November 21 Board Meeting.
Staff Reports
A. Director
Mr. Trout said that the District is sending out Regulation 1.02 Definitions for external review. The Policy Committee will meet next month to review this regulation. A public hearing is expected on this regulation before the December 19 Board Meeting.
Mr. Trout said that there has been only one exceedance this year of the 1-hour ozone standard, that being on Monday, July 30, 2001, at the Shepherdsville monitor. There have been 13 exceedances on 9 days of the 8-hour ozone standard in the Louisville area.
Mr. Trout discussed the September 2001 PM2.5 monthly average and year-to-date annual average summary. A copy is attached to the original minutes. The month of September averaged 16.1 µg/m3. The annual PM2.5 standard is 15.0 µg/m3. During the past 33 months, the average summary was 17.7 µg/m3.
B. VET
The VET Report for September 2001 was submitted for filing. A copy is attached to the original minutes.
C. Enforcement Status
The Enforcement Status Report dated October 9, 2001, was submitted for filing. A copy is attached to the original minutes.
Ms. Phelps said that LG&E will have a presentation for the Board members at the November Board Meeting. The District has received approximately 11 complaints in the neighborhood but only 5 complaints dealt with alleged particle damage from LG&E. The complainants live approximately two miles from the plant.
Mr. Trout presented Dr. Powell with a plaque in recognition of his many years on the Board and as Chairman of the Board. Judge Rebecca Jackson proclaimed today as “Dr. Robert Powell Day”. Mr. Trout thanked Dr. Powell for his many years of dedicated service to make Jefferson County a better and healthier place to live.
Adjournment
The meeting adjourned at 9:43 a.m.
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Joseph D. Vibbert
Chairman
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Jonathan L. Trout
Secretary-Treasurer