The regular meeting of the Air Pollution Control Board of Jefferson County was called to order June 19, 2002, at 9:10 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, Jesse Goldsmith, Terri Phelps, Cynthia Lee, Richard Heil, Bruce Gaylord, Marty Layman, Chris Bryant, Mitzi Powell, Bob Dorzback, Doug Spillman, Tom Pinto, Barry Zalph, T.J. Jessie, Martha Gammons, Chris Herron, Jaby Mohammed, and Irene Stephenson.
The following guests were present: Carl Hilton and Cheryl Fisher, E.I. du Pont de Nemours; Brad Dillon, Greenebaum Doll & McDonald; Pat Moran, Stites & Harbison; Steven Marks, General Electric; Malcolm Winsper and Dave Newman, KY Motorcycle Association; Marlene Zeckner Pardee, Louisville Gas & Electric; Bob Ehrler, Frost Brown Todd; Robert Gioffre, Gordon-Darby; and Tim Ubel, The Heuser Hearing Institute.
Mr. Williams introduced Chris Herron who has completed his first year of law school at the University of Louisville. Mr. Herron will be assisting the District’s enforcement program. Mr. Williams introduced Jaby Mohammed who is a graduate student at the University of Louisville in the industrial engineering department. Mr. Mohammed will be working with staff member Barry Zalph on a combined heat and power project.
The minutes of the Public Hearing and Regular Meeting of May 15, 2002, were approved as distributed.
Ms. Lee provided a summary of the Policy Committee meeting that was held on May 30, 2002. During that meeting, the District’s recommendation in the May 15, 2002, document Air Monitoring Network Review was discussed. The Policy Committee was provided with maps of the current and proposed networks that indicated monitoring sites for the various pollutants in the community and Census tract populations of 200 or more. Mr. Hesse recommended to discontinue the Watson Lane Elementary carbon monoxide (CO) monitor because the CO 1-hour and CO 8-hour graphs documented that the CO concentrations monitored at that site were the lowest in the county and significantly less than the CO standards. The motion failed on 2 to 2 vote. Dr. Cassidy moved for the Policy Committee to recommend that the Board support the change in the Jefferson County ambient air monitoring network as recommended by the District in the May 15, 2002, document Air Monitoring Network Review. The motion passed unanimously.
Ms. Lee noted that the document Air Monitoring Network Review dated May 30, 2002, that was provided to the Board at today’s meeting had an updated reference to 2002 census data, but the District’s recommended changes to the monitoring network were identical to the recommended changes in the May 15, 2002, document.
Ms. Lee concluded by stating that the District recommends that the Board support the changes to the Jefferson County ambient air monitoring network as recommended by the District in the May 30, 2002, document Air Monitoring Network Review.
Motion: Mr. Hammond moved to support the District’s recommended changes to the ambient air monitoring network as detailed in the May 30, 2002, document Air Monitoring Network Review.
Motion: Mr. Hesse moved to amend the motion to discontinue the CO monitor at Watson Lane Elementary.
Chairman Vibbert and Mr. Hammond both explained that they had voted at the Policy Committee meeting against the motion to discontinue the CO monitor at Watson Lane Elementary because of the existing air pollution problems in that area and didn’t believe that it was prudent to discontinue a monitor under these circumstances.
The motion on the amendment passed by a vote of 3 to 2.
The amended motion passed unanimously.
Mr. Trout said that the District recommends the adoption of amended Regulation 1.08 Administrative Procedures, Version #11, Draft #2 - Proposed, April 1, 2002, as proposed.
Motion: Mr. Howard moved to adopt amended Regulation 1.08 as recommended by the District.
The motion passed unanimously.
Mr. Trout said that the District recommends the adoption of amended Regulation 2.09 Causes for permit Suspension, Version #2, Draft #3 - Proposed, May 7, 2002, as proposed.
Motion: Mr. Hesse moved to adopt amended Regulation 2.09 as recommended by the District.
The motion passed unanimously.
Mr. Trout said that the District recommends the adoption of amended Regulation 2.16 Title V Operating Permits, Version #5, Draft #3 - Proposed, April 16, 2002, as proposed.
Motion: Mr. Hammond moved to adopt amended Regulation 2.16 as recommended by the District.
The motion passed unanimously.
Mr. Trout said that the District recommends the adoption of amended Regulation 2.17 Federally Enforceable District Origin Operating Permits, Version #3, Draft #1 - Proposed, March 6, 2002, as proposed.
Motion: Mr. Hesse moved to adopt amended Regulation 2.17 as recommended by the District.
The motion passed unanimously.
Mr. Trout said that the Public Hearing for Regulation 2.05 had occurred on May 20, 2002, but that the District had not requested that the Board take any action on the proposed regulation at that time. The only comment made at the Public Hearing was that the regulation should specify the most recent version of the federal regulations that are being incorporated by reference. Mr. Trout indicated that the District agreed and, in the proposed regulation identified as Version #8, Draft #5 - Proposed - Revision 2, dated May 22, 2002, has changed the references from the 1997 version of the federal regulations to the 2001 version of the federal regulations. This change, however, did not affect the text of the regulation, because the U.S. Environmental Protection Agency (EPA) had not made any change to these regulations over that time period.
Mr. Trout said that the District recommends the adoption of amended Regulation 2.05 Prevention of Significant Deterioration of Air Quality, Version #8, Draft #5 - Proposed - Revision 2, May 22, 2002.
Motion: Mr. Hammond moved to adopt the amended Regulation 2.05 as recommended by the District.
The motion passed unanimously.
Mr. Trout stated that for the preliminary Fiscal Year 2002 Accounting Report, $568.84 interest was added to the account to bring the balance as of May 31, 2002, to $25,260.90. A final report for Fiscal Year 2002 will be given at either the July or August Board meeting, depending on when the final interest data become available.
Mr. Trout said that, in addition to the discussion on the air monitoring network that Ms. Lee had summarized earlier in the Board meeting, two citizens spoke expressing their concerns of a 250-unit housing development in southwest Jefferson County and the pollution that would be created from that project. The concerns included no commercial establishments being added to the housing development, which would add to vehicle pollution.
Chairman Vibbert inquired whether the District evaluates the potential impact on air quality by proposed developments and has an opportunity to provide input to the decision-making process. Mr. Williams responded that the District annually analyzes 200-250 proposed developments in Jefferson County for CO air quality impacts. The District provides input to the Planning Commission process.
Mr. Hammond, Chairman of the Nominating Committee, said that the committee has recommended that the officers for the 2002-2003 term be Joseph D. Vibbert, Chairman, and Dr. Karen Cassidy, Vice-Chair. Voting will take place during the July Board meeting.
Mr. Williams briefed the Board on issues relating to ozone. The community will experience at least a short transportation conformity lapse because the new transportation conformity analysis must take into account the end of the Vehicle Emissions Testing (VET) program by November 1, 2003, that is required by a law enacted during the 2002 legislative session. During this transportation conformity lapse, the community will be unable to approve a wide range of road projects. The Kentuckiana Regional Planning and Development Agency (KIPDA) is currently developing a transportation plan that includes only exempt projects, such as projects relating to safety improvements, bridge repairs, and center lane turns. The District has worked with federal, state and local agencies to provide new vehicle emission projections using the EPA’s MOBILE6 model. However, a decision was made at the most recent Transportation Technical Coordinating Committee meeting not to finalize the MOBILE6 vehicle emission projections until the final Environmental Impact Statement is released for the Ohio River Bridges study, which will contain a recommendation for the number and placements of bridges. The transportation conformity lapse will take place after November 3 when the current plan expires.
So far during 2002, there has not been an exceedance of either the 8-hour ozone standard or the 1-hour ozone standard in the Louisville area. Statewide data reveals that only four 8-hour ozone exceedances have occurred so far in 2002. This is a very low number of exceedances relative to the last few years.
Ms. Jessie briefed the Board on the KAIRE (Kentuckiana Air Education) project that is funded through the Congestion Mitigation and Air Quality Improvement (CMAQ) program. Ms. Jessie indicated that the KAIRE message focuses on saving money and saving time while breathing easier. The Board was provided with the Commuter Choice brochure and the CarSense supplement to the June 9, 2002, The Courier-Journal.
Ms. Gammons briefed the Board on the current programs of the Kentuckiana Ozone Prevention Coalition (KOPC). Ms. Gammons indicated that KOPC in conjunction with Indiana University are having a luncheon meeting June 21 at IUS. The program will feature a representative from the Metropolitan Sewer District (MSD) to discuss how companies and individuals can improve air quality, save money, and benefit wildlife. Ms. Gammons noted that the upcoming State Fair’s theme is “A Land Odyssey” that is part of the Fair’s continuing environmental education series.
Mr. Williams said that beginning July 1, the VET program will start On-Board Diagnostic (OBD) testing. There are scheduled media campaigns to inform the public of this change that affects 1996 and newer models.
Mr. Williams highlighted the PM2.5 report that indicates some of the lowest readings for the past 4 years. Mr. Williams indicated that the EPA’s implementation of the PM2.5 standard is likely to be approximately one year behind the EPA’s implementation of the 8-hour ozone standard.
Mr. Williams briefed the Board on the progress made by the West Jefferson County Community Task Force regarding the toxics monitoring project. A request for proposal will soon be issued to obtain a contractor to perform a risk assessment covering one year’s worth of data collected from this comprehensive air toxics monitoring program.
Dr. Zalph discussed the upcoming projects related to energy efficiency and reducing energy- related emissions. Agreements were entered with the U.S. Department of Energy - Atlanta Regional Office and the Kentucky Division of Energy to promote energy efficiency in industry as well as other sectors of buildings. An industrial assessment center, funded by the U.S. Department of Energy at the University of Dayton, was brought in to do an all-day energy audit of one of the major energy-using industrial facilities in Jefferson County. The facility will be provided with ideas for cost-effective energy savings for that plant. The District anticipates more involvement in promoting energy efficiency in industry. Mr. Zalph noted that the District received funding from the Kentucky Division of Energy to do a study of on-site power generating. Waste heat is used to provide space heat and hot water.
Mr. Williams briefed the Board on President Bush’s administration’s announcement regarding modified New Source Review requirements for new facilities and major modifications to existing facilities.
Ms. Lee informed the Board that 98 recipients thus far have received the Lawn Care for Cleaner Air Awards. Mr. Wolf, of The Heuser Hearing Institute, was recognized for it contribution towards cleaner air in the community. Mr. Wolf told the Board that they are located at 1st & Kentucky. They have one donor who funded a garden with a fountain. Their new landscaping includes trees and shrubs therefore eliminating the need for mowing grass in that area. The Board was provided with the remaining list of this month’s Lawn Care for Cleaner Air award recipients.
The Air Quality Data Report was submitted for filing. A copy is attached to the original minutes.
The VET report was submitted for filing. A copy is attached to the original minutes.
The APCD Enforcement Status 06/11/2002 report was submitted for filing. A copy is attached to the original minutes.
Mr. Hesse requested that the District present at next month’s Board meeting a strategy plan that would minimize the conformity lapse time frame. Mr. Williams responded that a status report will be presented to the Board.
The meeting adjourned at 10:10 a.m.
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Joseph D. Vibbert
Chairman
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Jonathan L. Trout
Secretary-Treasurer