The regular meeting of the Air Pollution Control Board of Jefferson County was called to order May 15, 2002, at 9:15 a.m. in the Board Room of the Air Pollution Control District, 850 Barret Avenue, Louisville, Kentucky, by 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, Jesse Goldsmith, Art Chang, Marty Layman, Tom Pinto, Phyllis Fitzgerald, Rebecca Stutsman, Doug Spillman, Martha Gammons, and Irene Stephenson.
The following guests were present: Ray Pierce, Flowervale Leemont Pierce Neighborhood; Carl Hilton, E.I. du Pont de Nemours; Jonathan Miller, E.I. DuPont Dow Elastomers; Brad Dillon, Greenebaum Doll & McDonald; Dave Newman, KY Motorcycle; Robert Gioffre, Gordon-Darby; Pat Moran, Stites & Harbison; Carolyn Embry, American Lung Association; and Kathy Matheny, County Judge/Executive’s office.
The minutes of the Public Hearings and Regular Meetings of March 20, 2002, and April 17, 2002, were approved as corrected.
Mr. Trout stated that Regulation 1.19 would be a new regulation that establishes an administrative hearing process. The District did not receive any comment in opposition to this regulation during the public comment period or public hearing. The Kentucky Division for Air Quality (DAQ) granted prior concurrence for this regulation.
Mr. Trout said that the District recommends the adoption of new Regulation 1.19 Administrative Hearings, Version #1, Draft #5 - Proposed, January 30, 2002.
Motion: Mr. Hammond moved to adopt new Regulation 1.19 as recommended by the District.
The motion passed unanimously.
Mr. Trout explained that the proposed amendment to Regulation 6.18 removes requirements that were made obsolete by the more stringent requirements adopted by the Board on March 15, 2000, and consolidates the identical requirements for new solvent metal cleaning equipment, allowing for Regulation 7.18 to be repealed. Mr. Trout stated that the only comment received during the public comment period or public hearing was from the U.S. Environmental Protection Agency (EPA) which indicated that the agency had no comment on these regulations. The DAQ granted prior concurrence for these regulations.
Mr. Trout said the District recommends the adoption of amended Regulation 6.18 Standards of Performance for Existing Solvent Metal Cleaning Equipment, Version #6, Draft #2 - Proposed, January 26, 2002, and the repeal of Regulation 7.18 Standards of Performance for New Solvent Metal Cleaning Equipment.
Motion: Mr. Hesse moved to adopt amended Regulation 6.18 and to repeal Regulation 7.18 as recommended by the District.
The motion passed unanimously.
Mr. Goldsmith explained that the Agreed Board Order (order) with DuPont Dow Elastomers L.L.C. alleges that the company violated certain federal and District regulations. The order requires the company to pay an administrative penalty and establishes a compliance plan and schedule. The company has agreed to the terms of the order. The District did not receive any comment in opposition to this order during the public comment period or public hearing. The only change to the order that underwent the public review process is that the date of Board action was changed to today’s date.
Mr. Goldsmith said that the District recommends the adoption of the Agreed Board Order with DuPont Dow Elastomers L.L.C.
Motion: Mr. Hammond moved to adopt the Agreed Board Order with DuPont Dow Elastomers L.L.C. as recommended by the District.
The motion passed unanimously.
Mr. Williams said that the Air Monitoring Network Review document dated May 15, 2002, includes revisions to the District’s recommendation based upon comments made at the public hearing by the American Lung Association. The revised recommendation would continue operation of two monitors for carbon monoxide (CO), classifying them as special purpose monitors and operating them during only the colder months of the year. The standard operating procedures (SOPs) for the CO and sulfur dioxide (SO2) monitors have been completed and the SOPs for the PM2.5, PM10, ozone, NOx monitors are nearing completion. The District believes that these will be completed by the end of June and submitted to the EPA for review and approval.
Dr. Cassidy indicated that her concerns were with the outdated population assessment data and asked whether current information could be obtained for the Metropolitan Statistical Area (MSA) and the urban area. She requested a map depicting all of the air monitoring locations.
Mr. Williams stated that this additional information would be provided and that the concerns would be addressed at a meeting of the Policy Committee.
Mr. Trout said the District recommends the adoption of amended Regulation 5.04 Emission Standard for Asbestos, Version #4, Draft #3 - Proposed, March 12, 2002, with exception that in line 18 the phrase “specified in” be replaced by the phrase “regulated by”.
Motion: Dr. Cassidy moved to adopted amended Regulation 5.04 as recommended by the District, including the change to line 18.
The motion passed unanimously.
Mr. Trout said the District recommends the adoption of amended Regulation 1.03 Abbreviations and Acronyms, Version #5, Draft #3 - Proposed, April 9, 2002, with the exception that in line 45 the “u” in universal be made a capital letter.
Motion: Mr. Howard moved to adopt amended Regulation 1.03 as recommended by the District, including the change to line 45.
The motion passed unanimously.
Mr. Trout said the District recommends the adoption of amended Regulation 5.02 Adoption of Federal Emission Standards for Hazardous Air Pollutants, Version #11, Draft #2 - Proposed - Revision 1, May 1, 2002. This revised draft includes the following changes published in the Federal Register after April 5, 2002:
Motion: Mr. Hammond moved to adopt the May 1, 2002, draft #2 version of amended Regulation 5.02 as recommended by the District.
The motion passed unanimously.
Mr. Trout stated that the Policy Committee met on Tuesday, May 7, 2002, and approved the following four proposed amended regulations to undergo the formal Public Review process:
Mr. Trout noted that the public comment period started on May 9, 2002, written comments are due by June 7, 2002, and the public hearing will be on June 19, 2002.
Mr. Trout said that the Strategy Committee met this morning and approved proposed amended Regulation 5.14 Hazardous Air Pollutants and Source Categories to undergo the formal Public Review process. He noted that the public comment period will start next week and the public hearing will be on July 17, 2002.
Mr. Williams stated that the District is working with other agencies to complete a transportation plan conformity analysis using the new EPA MOBILE6 model. According to the Kentuckiana Regional Planning and Development Agency (KIPDA), transportation conformity could not be demonstrated without the reductions from the Vehicle Emissions Testing (VET) program when using the older MOBILE5b model, and thus a conformity lapse would occur. This would jeopardize the use of federal funds for certain transportation projects. It is expected that transportation conformity would be demonstrated using the MOBILE6 model.
Mr. Williams said that the District has resolved the Title V operating permit issues for PolyOne and the EPA has removed its objection to the issuance of this permit. He also identified the proposed Partnership Agreement between the EPA and the District for Board review and comment. This agreement would establish procedures for permit review. He requested that, over the next month, Board members relay to the District any comments, concerns, or questions regarding the proposed Partnership Agreement. Comments will also be requested from other stakeholders, including citizens and regulated industries.
Mr. Williams identified the April 22, 2002, letter from the EPA that is a follow-up to the recent audit of the District’s air monitoring program indicating the progress that has been made and the items that still need to be addressed.
Mr. Williams discussed briefly the issues involving mobile source and non-road diesel engine emissions. He highlighted the April 22, 2002, letter from a number of organizations, including state and local air pollution control officials, encouraging the EPA to develop regulations for the control of non-road diesel engine emissions. Mr. Williams also highlighted the May 7, 2002, state and local air pollution control officials’ Principles for a Multi-Pollutant Strategy for Power Plants.
The list of recipients of Lawn Care for Cleaner Air Awards during the past month is attached to the original minutes.
The PM2.5 report for April 2002 was submitted for filing. A copy is attached to the original minutes.
The VET report for April 2002 was submitted for filing. A copy is attached to the original minutes.
The APCD Enforcement Status 05/08/2002 report was submitted for filing. A copy is attached to the original minutes.
The meeting adjourned at 9:50 a.m.
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Joseph D. Vibbert
Chairman
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Jonathan L. Trout
Secretary-Treasurer