A public hearing of the Air Pollution Control Board of Jefferson County was called to order May 15, 2002, at 9:00 a.m. in the Board Room of the Air Pollution Control District, 850 Barret Avenue, Louisville, Kentucky, by the Chairman, Joseph Vibbert.
The Chairman read the opening announcement, rules, and purpose of the hearing, which was to review proposed amendments to four regulations.
Mr. Trout explained that the proposed amendment to Regulation 5.04 removes the full text of the asbestos requirements and incorporates by reference the current version of the U.S. Environmental Protection Agency (EPA) National Emission Standards for Hazardous Air Pollutants (NESHAPs) regulation for asbestos, 40 CFR Part 61 Subpart M.
Mr. Trout said that the only adverse comment received during the written comment period suggested that the phrase “specified in” in Section 2, line 18, be changed to “regulated by”, so that it is clear that an activity “specified”, but exempted, in the federal NESHAPs regulation is not subject to the requirements of Regulation 5.02 because of the proposed wording. The Kentucky Division for Air Quality granted prior concurrence for proposed amended Regulation 5.04.
Mr. Trout indicated that the District agrees with the recommended wording change and intends to recommend that the Board, at today’s meeting, approve amended Regulation 5.04 as proposed, with the exception of the change as noted to line 18, pending evaluation of any comments made at the public hearing.
No statement was made.
Mr. Trout explained that the proposed amendment to Regulation 1.03 makes technical corrections to the abbreviations and acronyms in the current regulation, adds new abbreviations and acronyms that are now used in District regulations, and removes abbreviations and acronyms that are not used in the current District regulations.
Mr. Trout said that no comment was made during the written public comment period. Yesterday, the District received a letter from the EPA stating that the EPA has no comment on the proposed amended regulation. However, the District notes that in the abbreviation “SSU” the word “universal” should start with a capital “U”. If adopted, amended Regulation 1.03 will be submitted to the EPA for revision of the Kentucky State Implementation Plan (SIP).
Mr. Trout indicated that the District intends to recommend that the Board, at today’s meeting, approve amended Regulation 1.03 as proposed, with the exception of the change as noted to the abbreviation “SSU” in line 45, pending evaluation of any comments made at the public hearing.
No statement was made.
Mr. Trout explained that the proposed amendment to Regulation 2.05 removes the full text of the prevention of significant deterioration (PSD) requirements and incorporates by reference the current EPA PSD requirements while maintaining the Board’s authority to limit increment consumption on a case-by-case basis. A previous proposed amended Regulation 2.05 had undergone the formal Public Review process, including a public comment period and public hearing, in 1998. However, the District had not requested that the Board take action on the proposed amendment at that time. The Policy Committee decided that it was appropriate for the proposed amended regulation to undergo a second formal Public Review process because it had been four years since the public hearing.
Mr. Trout said that there was no comment received during the written public comment period. Yesterday, the District received a letter from the EPA stating that the EPA has no comment on the proposed amended regulation.
Mr. Trout indicated that the District will not ask the Board to take action on proposed amended Regulation 2.05 at today’s meeting. The District will schedule proposed amended Regulation 2.05 for action at the June 19 Board meeting. If adopted, amended Regulation 2.05 will be submitted to the EPA for revision of the Kentucky SIP.
Pat Moran, Stites & Harbison, encouraged the Board to incorporate by reference the most current version of these federal regulations. He said that the date specified in lines 13 and 50 should be changed from 1997 to 2001.
Mr. Trout responded that the District will review Mr. Moran’s comment, update the proposed amended Regulation 2.05 as appropriate, and schedule this proposed amended regulation for action at the June 19 Board meeting.
Mr. Trout explained that the proposed amendment to Regulation 5.02 identifies the additions, corrections, and amendments to 40 CFR 61 and 40 CFR 63 since February 20, 2002. Of particular significance, and the reason that the District drafted the update to this regulation only three months after the Board updated Regulation 5.02, is the amendment to 40 CFR Part 63 Subpart B that changes the due date for full application for the establishment of case-by-case equivalent emission limitations for source categories for which the EPA failed to promulgate a maximum achievable control technology (MACT) rule. This provision, resulting from section 112 (j) of the Clean Air Act, is known as the “hammer” provision. The amendment allows affected companies to submit a short application by May 15, 2002, and delay the submission of the full application for two years.
Mr. Trout said that no comment was made during the written public comment period. However, the District notes that the following changes to 40 CFR Part 63 were published in the Federal Register after April 5, 2002:
Additionally, if amended Regulation 5.04 Emission Standard for Asbestos is adopted by the Board, then the District would remove section 2.12, 40 CFR Part 61 Subpart M National Emission Standard for Asbestos, with the following sections renumbered accordingly, in its final recommendation.
Mr. Trout indicated that the District intends to recommend that the Board, at today’s meeting, approve amended Regulation 5.02 as proposed, with the exception of the four changes as noted, pending evaluation of any comments made at the public hearing.
No statement was made.
The public hearing adjourned at 9:13 a.m.
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Joseph D. Vibbert
Chairman
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Jonathan L. Trout
Secretary-Treasurer