A public hearing of the Air Pollution Control Board of Jefferson County was called to order June 19, 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 amendments to this regulation, along with the other three regulations to be reviewed, are being proposed to be consistent with the new hearing procedures in Regulation 1.19 Administrative Hearings that was adopted at the May Board meeting.
Mr. Trout said that Section 7 Appeals to the Board in Regulation 1.08 will be removed so appeals to the Board will go through the new administrative hearings process. Section 1 Public Hearings will include all actions for which a public hearing could be held. Section 5 Noncompliance Penalties will reflect removal of outdated language. The District will draft new language to replace the current language to reflect the current statutory authority and responsibilities pursuant to federal laws. Section 8 Procedures for the Adoption, Amendment, of a Regulation will include “Repeal” as an action that requires the specified public participation process.
Mr. Trout said that the only comments received during the Public Comment Period were from the U.S. Environmental Protection Agency (EPA). The EPA had no specific comment on the proposed changes to Regulation 1.08. However, the EPA commented that section 1.1.7 references Regulation 2.12 Emissions Trading, which is not in the Kentucky State Implementation Plan (SIP). Therefore if the amendments to Regulation 1.08 are adopted and submitted to the EPA to be approved in the SIP, then the EPA would not take action on section 1.1.7. He stated that the District was aware of this issue and, if adopted, the District would not request that the EPA take action to put section 1.1.7 into the SIP.
Mr. Trout said that the District intends to recommend that the Board, at today’s meeting, approve amended Regulation 1.08 as proposed, pending evaluation of any comments made at the Public Hearing.
No statement was made.
Mr. Trout explained that this regulation establishes procedures for permit modification and revocation as well as suspension. The proposed changes specify that only the Board may revoke permits, and only after holding a public hearing. This change would require changes to Regulations 2.16 and 2.17 to remove permit revocation as a District authority.
Mr. Trout said that the only comment received during the Public Comment Period was from the EPA which had no specific comment on the proposed changes.
Mr. Trout said that the District intends to recommend that the Board, at today’s meeting, approve amended Regulation 2.09 as proposed, pending evaluation of any comments made at the Public Hearing.
No statement was made.
Mr. Trout explained that the main purpose of the proposed change was to specify that permits may be revoked by the Board and not the District. This change is consistent with the proposed action to specify in Regulation 2.09 Causes for Permit Suspension that permits may only be revoked by the Board. The process for permit revocation is being removed from Regulation 2.16 and added to Regulation 2.09. In addition, the definitions for “applicable requirement” and “federally enforceable requirement” are being expanded to include requirements of the federal Section 126 program, the 40 CFR Part 64 compliance assurance monitoring (CAM) program, and other requirements promulgated pursuant to the Clean Air Act. The definition for “Fugitive emissions” is being corrected, consistent with the definition in Regulation 1.02 Definitions, to identify those emissions that could not reasonably pass through a stack, etc. The definition of “Major source” with respect to fugitive emissions is being changed, as required by the EPA pursuant to a recent Federal Register notice, to include only stationary source categories regulated by a Standards of Performance for New Stationary Sources (NSPS) or National Emission Standards for Hazardous Air Pollutants (NESHAPs) as of August 7, 1980, but would apply to any pollutant, not just those regulated by the NSPS or NESHAPs. Permit revocation and permit termination are being separated into two sections for clarity.
Mr. Trout said that the only comment received during the Public Comment Period was from the EPA which had no specific comment on the proposed changes.
Mr. Trout said that the District intends to recommend that the Board, at today’s meeting, approve amended Regulation 2.16 as proposed, pending evaluation of any comments made at the Public Hearing.
No statement was made.
Mr. Trout explained that changes to Regulation 2.17 regarding permit revocation are similar to those made to Regulation 2.16, that is, permits may be revoked by the Board and not the District. Additionally, the permit revocation procedures were moved to Regulation 2.09.
Mr. Trout said that the only comment received during the Public Comment Period was from the EPA which had no specific comment on the proposed changes.
Mr. Trout said that the District intends to recommend that the Board, at today’s meeting, approve amended Regulation 2.17 as proposed, pending evaluation of any comments made at the Public Hearing.
No statement was made.
The public hearing adjourned at 9:10 a.m.
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Joseph D. Vibbert
Chairman
_______/signed/_______
Jonathan L. Trout
Secretary-Treasurer