February 20, 2002
The regular meeting of the Air Pollution Control Board of Jefferson County was called to order February 20, 2002, at 9:25 a.m. in the Board Room of the Air Pollution Control District, 850 Barret Avenue, Louisville, Kentucky, by the Chairman, Joseph Vibbert. Karen Cassidy, Lewis Hammond, Lee Howard, and Dr. Wayne Tuckson were present. A quorum was present.
The following District staff members were present: Art Williams, Jon Trout, Gayle Ballard, Jesse Goldsmith, Terri Phelps, Cynthia Lee, Art Chang, Chris Bryant, Bruce Gaylord, Rebecca Stutsman, Tom Pinto, Doug Spillman, Bob Dorzback, Mike Brown, Deborah Donaldson, Phyllis Fitzgerald, Martha Gammons, and Donna Anthony.
The following guests were present: Bob Ehrler, Frost Brown Todd; Brad Dillon, Greenebaum Doll & McDonald; Robert Gioffre, Gordon-Darby; Malcolm Winsper and Dave Newman, KY Motorcycle Association; Steve Marks, General Electric; Martin Luther, KY Division for Air Quality; Caryl Pfeiffer and Marlene Zeckner Pardee, LG&E; Regina Henry, CEMEX-Kosmos Cement; Amarjit S. Gill, CEMEX-Houston, TX; Paul Addington, St. Matthews Imports; Dan Hicks, David Chiang, Don Newman, Phil Davis, and Pat Moran, Rohm and Haas; Becky Slovenski and Theresa Smiley, Stonestreet Elementary School; and Vera Prater, Fern Creek Elementary School.
Approval of Minutes
The minutes of the Public Hearing and Board meeting of January 16, 2002, were approved.
New Business
A. Amendment to Regulation 1.15
Mr. Trout said that the District recommends the adoption of the proposed amendment to Regulation 1.15 Version of Federal Regulations Incorporated by Reference, Version #9, Draft #2 - Proposed, January 9, 2002.
Motion: Mr. Hammond moved to adopt the amendment to Regulation 1.15 as recommended by the District.
The motion passed unanimously.
B. Amendment to Regulation 5.02
Mr. Trout said that the District recommends the adoption of the amendment to Regulation 5.02 Federal Emission Standards for Hazardous Air Pollutants Incorporated by Reference as revised in Version #10, Draft #3 - Proposed - Revision #1, February 14, 2002. This revision includes the three additional Federal Register citations for 40 CFR Part 63 Subpart EEE.
Motion: Dr. Cassidy moved to adopt the amendment to Regulation 5.02 Version #10, Draft #3 - Proposed - Revision #1, February 14, 2002, as recommended by the District.
The motion passed unanimously.
C. Amendment to Regulation 7.02
Mr. Trout said that the District recommends the adoption of the proposed amendment to Regulation 7.02 Federal New Source Performance Standards Incorporated by Reference, Version #9, Draft #2 - Proposed, January 8, 2002.
Motion: Mr. Howard moved to adopt the amendment to Regulation 7.02 as recommended by the District.
The motion passed unanimously.
D. Amendment to Board Order for Louisville Gas and Electric Company - Mill Creek Generating Station
Ms. Phelps said that the District recommends the adoption of proposed Amendment No. 1 to the March 21, 2001, Board Order for Louisville Gas and Electric Company - Mill Creek Generating Station, which would extend the Unit 3 conversion compliance date.
Motion: Mr. Hammond moved to adopt the proposed Amendment No. 1 to the March 21, 2001, Board Order for Louisville Gas and Electric Company - Mill Creek Generating Station.
The motion passed unanimously.
E. Board Order for Rohm and Haas Company
Ms. Phelps said that the District recommends the adoption of the Rohm and Haas Board Order as proposed except for a few non-substantive wording changes made for clarity.
Motion: Dr. Cassidy moved to adopt the new Board Order as proposed but including the non-substantive wording changes made by the District.
The Motion passed unanimously.
F. Louisville-Southern Indiana Ohio River Bridges Project Draft Environmental Impact Statement
Mr. Williams said that in December 2001 the Board requested that the District evaluate the draft environmental impact statement for the bridges project. The District has developed a set of comments. In general, the proposed construction of two bridges and a rebuild of spaghetti junction would improve air quality in the region. The District has identified several areas in the draft environmental impact statement and the supporting indirect and accumulative effects analysis where additional analysis should be done. In particular, the document is lacking in analyzing the ways in which the bridges could improve air quality. For example, at the time the bridges would be built, vehicles will be cleaner and fuel will be cleaner, thus reducing mobile source emissions. If the Board has no objection, the District will proceed to submit these comments to the Federal Highway Administration (FHWA).
The Chairman said that there is one statement in the second paragraph that stands out to him: “It appears that the Ohio Bridge Project would improve air quality for the region in particular through the reduction of congestion.” That is a reassuring statement. The Chairman reminded the Board that the District prepared comments, at the Board’s request, for review and consideration of formal submission.
Dr. Tuckson asked what would happen if only one of the bridges was built. Mr. Williams responded that if only the downtown bridge was built and the rebuild of spaghetti junction occurred, then there would be air quality benefits to the community. If only the east end bridge was built, then there would still be improvements to air quality, although perhaps not at the magnitude as that would occur with the downtown bridge and rebuild of spaghetti junction. Together, both projects offer accumulative air quality benefits.
Dr. Tuckson asked whether comment #6 is a recommendation for the downtown bridge and rebuild of spaghetti junction if only one project could be approved. Mr. Williams said that the District is not recommending that just one bridge be built. The District is emphasizing that the air quality benefits are significant related to improving congestion, which is an issue that is primarily implicated in the downtown corridor. So relief there would really highlight air quality improvements.
The Chairman indicated that the Board members were supportive of the comments developed by the District being submitted to Mr. Ballentyne of FHWA.
Committee Reports
Policy Committee Report
Mr. Trout said that on February 5, 2002, the Policy Committee reviewed draft new Regulation 6.50 NOx Requirements for Portland Cement Kilns. The Policy Committee approved this regulation to undergo the formal Public Review process. The legal notice was published on February 7. The written comment period ends on March 8 and the public hearing is scheduled for March 20.
Mr. Trout said that the Policy Committee also met this morning to review one draft new regulation, draft amendment to one regulation, and the draft repeal of one regulation. New Regulation 1.19 would create an administrative hearing process with an administrative hearing officer and be applicable to unresolved violations and appeals of actions by the District and the Board. Regulation 6.18 and 7.18 apply to solvent metal cleaning equipment and would be consolidated into one regulation, with Regulation 7.18 being repealed, because the requirements are identical. The Policy Committee approved all three regulations to undergo the formal Public Review process. The public hearing will be scheduled for April 17.
Staff Reports
A. Director
Mr. Williams explained that the U.S. Environmental Protection Agency has suggested that the District downsize the Jefferson County ambient air monitoring network for certain pollutants. This would allow the District to reassign some of its monitoring resources to the new PM2.5 monitors. Mr. Williams indicated that the District believes that the public has an interest in the District’s monitoring network and requested the Board’s permission to provide an opportunity for public comment on the proposed changes to the monitoring network. This would be done through the publication of a legal notice, a public comment period, and a public hearing before the Board. The Board agreed that this was appropriate.
B. Lawn Care for Cleaner Air Awards
Ms. Fitzgerald announced Lawn Care for Cleaner Air awards for the following:
Teresa and William Redden
George and Teresa Armstrong
Nancy Seymour Billington
Ronald and Zella Fraze
Becky Slovenski and Rosa Phillips, Stonestreet Elementary School
Vera Prater, Fern Creek Elementary School
Becky Slovenski and Therese Smiley were present to accept the award for Stonestreet Elementary School and Vera Prater was present to accept the award for Fern Creek Elementary School.
C. VET
Mr. Williams discussed the status of two bills under consideration in the legislature. Senate Bill 102, sponsored by Senator Seum, would require the elimination of the Vehicle Emissions Test (VET) program by October 31, 2003. House Bill 46, sponsored by Representative Marcotte, would exempt the most recent four model years from VET testing. Mr. Williams also summarized County Judge/Executive Jackson’s VET Improvement Program.
The VET report for January 2002 was submitted for filing. A copy is attached to the original minutes.
D. Enforcement Status
The APCD Enforcement Status 02/14/2002 report was submitted for filing. A copy is attached to the original minutes.
Adjournment
The meeting adjourned at 10:07 a.m.
/signed/
Joseph D. Vibbert
Chairman
/signed/
Jonathan L. Trout
Secretary-Treasurer