March 20, 2002
The regular meeting of the Air Pollution Control Board of Jefferson County was called to order March 20, 2002, at 9:20 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 Michael Hesse were present. A quorum was present.
The following District staff members were present: Art Williams, Jon Trout, Gayle Ballard, Cynthia Lee, Mitzi Powell, Arthur Chang, Tom Pinto, Phyllis Fitzgerald, Doug Spillman, Mike Brown, Mark Spaulding, Donna Anthony, Diane Hazellief, Martha Gammons, and Irene Stephenson.
The following guests were present: Don Satterly, K.G.D Association; Tom Herman, Zeon Chemicals; Sean Maconaghy, Oxy Vinyls, LP; Pat Moran, Rohm & Haas; Jim Wade, Engelhard; Marlene Zeckner Pardee, LG&E; Dave Newman, Billy Hutt, and Malcolm Winsper, KY Motorcycle Association; Robert Gioffre, Gordon-Darby, Inc.; Brad Dillon, GD&M; Rich Robinson and Frank Kennedy, American Synthetic Rubber; Carolyn Embry, American Lung Association; Arnita Gadson, Greater Louisville, Inc.; Regina Henry, Cemex-Kosmos Cement; Carl Hilton, Dupont; Bob Ehrler, Frost Brown Todd; and Clarence Dykstra, DuPont Dow.
Personnel Announcements
Mr. Williams notified the Board that Dr. Tuckson sent the District a letter dated March 14 informing, with regret, that he is resigning from the Board. New obligations with his professional role as a physician will hinder him from devoting his time to the Board. Dr. Tuckson expresses his appreciation for having the opportunity to serve on the Board.
Mr. Williams introduced Irene Stephenson, the District’s new Executive Secretary, who was previously employed with the Jefferson County Waste Management District. Mr. Williams announced that Ron Jacobs, Technical Specialist II in the Air Monitoring Unit, was promoted from Technical Specialist I and introduced new employee Mark Spaulding, Engineering Specialist, who was previously employed at Sport Paint as their Director of Environmental Health and Safety.
Approval of Minutes
The minutes of the Public Hearing and Board meeting of February 20, 2002, were approved.
New Business
A. New Regulation 6.50 NOx Requirements for Portland Cement Kilns
Mr. Trout said that the District recommends the adoption of Regulation 6.50 as proposed, identified as Version #1, Draft #1 - Proposed, January 26, 2002, with exception that in line 33, section 3.2, the cross reference be changed to “section 3.1” rather than “section 1.1”.
Motion: Dr. Cassidy moved to adopt new Regulation 6.50 as recommended by the District.
The motion passed unanimously.
B. Changes to the Jefferson County ambient air monitoring network
Mr. Williams indicated that the District will not request that the Board take action on the proposed changes to the Jefferson County ambient air monitoring network at today’s meeting. The District will review the comments made during the Public Hearing by Carolyn Embry, American Lung Association, and present its recommendation at the next Board meeting.
Dr. Cassidy requested an updated Quality Assurance report to be included to assure everything is in place.
Mr. Hesse requested a map depicting the air monitoring locations. Art Williams responded that information for the air monitoring program is listed on the District’s website; a hard copy will be provided.
C. Resolution on House Bill 618
Mr. Williams provided a brief history of the two Vehicle Emissions Testing (VET) program-related bills in the legislature. Senate Bill 102, sponsored by Senator Seum, that would abolish the VET program, passed the Senate and went to the House, where no action has been taken. House Bill 618, sponsored by Representative Perry Clark, originally would likewise abolish the VET program. Representative Clark introduced a committee substitute, that was passed by the committee, that would embody the principal provisions of the County Judge’s VET improvement program, including a 5-model-year exemption and biennial testing. However, when the bill reached the floor of the House, Representative Clark introduced a floor amendment to return the bill to its original purpose of abolishing the VET program by November 1, 2003.
Mr. Williams said that the elimination of the VET program would cause the reintroduction into Jefferson County’s ambient air 6 ½ million pounds of VOCs per year, 2 ½ million pounds of oxides of nitrogen, and up to 70 million pounds of carbon monoxide. This would imperil public health and our regulatory status of attainment. The cost for replacing the lost reductions from the elimination of the VET program by additional reductions from industry and businesses could range between $30-$100 million.
Mr. Trout summarized a draft resolution reflecting opposition to HB618 for consideration by the Board. Jefferson County is in attainment of the 1-hour ozone standard, but would be in non-attainment of the 8-hour standard. The federal Clean Air Act requires adherence to the U.S. Environmental Protection Agency (EPA)-approved maintenance plans. Emission reductions from the VET program are included in the maintenance plans for both the 1-hour ozone standard and the carbon monoxide standard as well as the regional motor vehicle emission budgets. If the VET program were eliminated, additional reductions from industry, businesses, or the citizens of Jefferson County would be required. The SIP Advisory panel went through a process of looking at other alternatives to reduce emissions. Any other emission reduction alternatives would be significantly more costly on a dollars per ton basis. The resolution would recommend to the members of the Legislature of the Commonwealth of Kentucky that HB618 not be enacted.
Chairman Vibbert noted that approximately 425,000 vehicles were initially tested in 2000 through the VET program and 30,000 failed. With those figures in mind, physical and economic health will be impaired.
Dr. Cassidy suggested that recognition of the potential for increased respiratory distress and other health problems be added to the resolution.
Mr. Hesse requested clarification relating to economic sanctions that could be applied by the federal government. Mr. Williams responded that, according to the Transportation Cabinet, there would be a conformity lapse from passage of this bill, which could bring a freeze on federal funds for non-exempt road projects in Jefferson County and parts of Bullitt and Oldham Counties. This would equate to $1.7 billion worth of projects.
Motion: Lewis Hammond moved to adopt the resolution on opposition to HB618 dated March 20, 2002, with an additional paragraph relating to the threat to public health and welfare as requested by Dr. Cassidy.
The motion passed unanimously.
6. Committee Reports
A. Policy Committee
The Policy Committee has not met since the last meeting of the Board.
B. Strategy Committee
Mr. Trout said that the Strategy Committee met just prior to today’s Board meeting to review a draft amendment to Regulation 5.04 relating to federal requirements for asbestos. The amendment would remove the full text of the federal asbestos requirements from Regulation 5.04 and instead adopt and incorporate by reference the current EPA requirements. The Strategy Committee approved the amendment to proceed to the formal Public Review process. The legal notice will be published in the Courier-Journal a week from tomorrow. This would start the 30-day public comment period to be followed by a Public Hearing before the May Board meeting.
7. Staff Reports
A. Director
Mr. Williams indicated that on the national level events continue to unfold with regard to changes in the National Ambient Air Quality Standards. The EPA is pursuing how to implement the tougher 8-hour ozone standard and PM2.5 standards. The President is working with congressional committees on the Clear Skies legislation, a multi-pollutant proposal that would bring reductions in NOx, SO2, and mercury in the next 16 years. The New Source Review proposal has been under review and study by the EPA and is expected within 2 weeks. These issues will affect communities that are or will be non-attainment.
On a Title V Operating Permit program matter, the District was able to successfully address the objections that EPA Region 4 had to the proposed Noveon Title V permit. The EPA withdrew its request that Noveon submit a part 71 federal application for a Title V permit. The District has since issued the Noveon Title V permit. The issues involved with the PolyOne Title V permit are similar; the District is hopeful that these issues will be likewise resolved.
Mr. Williams added that District is proceeding with the regular proposed APCD budget process. The Agency had a budget hearing two weeks ago with the Fiscal Court Commissioners, Judge’s Office, Finance, and Human Resources which went well. During May or June, the budget will be adopted for the following Fiscal Year. The County is adopting a full-year’s budget which would then be integrated with the City’s budget.
B. Lawn Care for Cleaner Air Awards
Mr. Williams indicated that the regular reports along with the Lawn Care for Cleaner Air Awards have been submitted to the Board.
C. VET
The VET report for February 2002 was submitted for filing. A copy is attached to the original minutes.
D. Enforcement Status
The APCD Enforcement Status 03/12/2002 report was submitted for filing. A copy is attached to the original minutes.
Chairman Vibbert announced Dr. Cassidy’s promotion to Dean of the School of Continuing and Professional Studies.
Adjournment
The meeting adjourned at 9:50 a.m.
_______/signed/________
Joseph D. Vibbert
Chairman
________/signed/________
Jonathan L. Trout
Secretary-Treasurer