A special meeting of the Air Pollution Control Board of Jefferson County was called to order September 26, 2002, at 9:05 a.m. in the Board Room of the Air Pollution Control District, 850 Barret Avenue, Louisville, Kentucky, by the Chairman, Joseph Vibbert. Board members Karen Cassidy, Lewis Hammond, and Lee Howard were present. A quorum was present.
The following District staff members were present: Art Williams, Jon Trout, Gayle Ballard, Jesse Goldsmith, Mitzi Powell, Terri Phelps, Art Chang, Rebecca Stutsman, Diane Hazellief, Tom Pinto, Doug Spillman, Marty Layman, Martha Gammons, Phyllis Fitzgerald, Dee Lynch, and Irene Stephenson.
The following guests were present: Robert Gioffre, Gordon-Darby; Brad Dillon, Greenebaum Doll & McDonald; Don Satterly, KY Gasoline Dealers Association; Marlene Zeckner Pardee, LG&E; and Malcolm Winsper, KY Motorcycle Association.
The Chairman noted that the Board did not meet on its regularly scheduled day to accommodate the schedules of several Board members. Therefore, the Board is holding this special meeting.
The minutes of the Public Hearing and Regular Meeting of July 17, 2002, were approved as distributed. The minutes of the Public Hearing and Regular Meeting of August 21, 2002, were approved as distributed.
Mr. Trout explained that the main purpose for amending Regulation 6.29 is to allow ink and coating usage records for graphic arts facilities to reflect a period of time longer than the current daily requirement. The ink and coating usage, and thus the volatile organic compound (VOC) emissions, would be prorated to the appropriate compliance period based upon a measurement of press productivity, such as linear feet printed. A provision is also being added to allow for a longer compliance averaging time, although an extended compliance averaging time would require approval by the U.S. Environmental Protection Agency (EPA). Minor wording changes were made to be consistent with the language used in current District regulations. Regulation 7.57 is proposed to be repealed because the requirements for both new and existing graphic arts facilities are the same; new graphic arts facilities would become subject to Regulation 6.29.
Mr. Trout stated that the only comment received during the public comment period was from the Division for Air Quality (DAQ) which granted prior concurrence for Regulation 6.29 and the repeal of Regulation 7.57.
However, after the Public Hearing, the District discovered that there is one company that demonstrated compliance with Regulation 7.57 using the 0.5 pound of VOC per pound of solids exemption found in section 5.2. Therefore, the District will recommend that this compliance option be retained by adding, as a new section 3.1.3, a 0.5 pound of VOC per pound of solids limit to the compliance options listed in section 3.1 of the proposed amended Regulation 6.29, and then renumbering section 3.1.3 to 3.1.4.
Mr. Trout said that the District recommends the adoption of amended Regulation 6.29 as proposed, Version #7, Draft #2 - Proposed, June 3, 2002, with the exception of the addition of a new section 3.1.3, as just described, and the renumbering of section 3.1.3 as proposed to 3.1.4, and the repeal of Regulation 7.57.
Motion: Mr. Howard moved to adopt amended Regulation 6.29 as recommended by the District and to repeal Regulation 7.57.
The motion passed unanimously.
Mr. Trout explained that the purpose of the proposed amendment to the current version of Regulation 5.14 is to add a new section that lists area sources of hazardous air pollutants (HAPs). Pursuant to §112(c)(3) and §112(k)(3)(B)(ii) of the Clean Air Act, the EPA is required to identify and list area source categories representing at least 90 percent of the emissions of the 30 “listed” area source HAPs. Mr. Trout said that there are two other lists of source categories in Regulation 5.14, one pursuant to §112(c)(1) and the other pursuant to §112(c)(6), and some of the area source categories in the new list are already on the other lists. At this time, inclusion on the new list does not establish any control requirement for those area source categories.
Mr. Trout stated that the only comment received during the public comment period was from the DAQ which granted prior concurrence for this regulation. Mr. Trout noted that the District will recommend the removal of an unintended “,” in section 3.1.4 Mineral Products Processing, Asphalt/Coal, Tar Application--Metal Pipes.
Mr. Trout said that the District recommends the adoption of amended Regulation 5.14 as proposed, Version # 6, Draft #2 - Proposed, July 17, 2002, with the exception of the removal of the unintended “,” in section 3.1.4.
Motion: Mr. Hammond moved to adopt amended Regulation 5.14 as recommended by the District.
The motion passed unanimously.
Mr. Trout explained that the small business amnesty program gives companies an opportunity to resolve violations without the District taking enforcement action. The goal of the amnesty program is full compliance with all District regulations. A significant change from the amnesty programs approved by the Board in the past is that, as a condition of amnesty under this program, the participant must agree to conduct a pollution prevention audit.
Mr. Trout said that the District recommends the approval of a limited Small Business Amnesty Program, effective immediately to run through December 31, 2003, as set forth in the packet provided to the Board.
Motion: Mr. Howard moved to adopt the Limited Small Business Amnesty Program as recommended by the District.
The motion passed unanimously.
Ms. Fitzgerald presented Lawn Care for Cleaner Air awards to Richard Spalding, Clifton Community Council; Betty Voit, Crescent Hill Garden Club; and Adam Schneider, Crescent Hill Garden Club. The complete list of Lawn Care for Cleaner Air Award recipients was submitted for filing. A copy is attached to the original minutes.
Mr. Trout displayed graphics of the daily maximum 8-hour ozone concentrations in the United States for the week surrounding Sunday, September 8, 2002, a day on which an exceedance of the 1-hour ozone standard occurred. He pointed out that high ozone concentrations developed in the south and then moved to the north and east over that week. Mr. Trout then displayed several National Oceanic Atmospheric Administration (NOAA) backward trajectory models, pointing out that the air that was over Louisville at the time of the 1-hour ozone exceedance had traveled from the south, originating in areas that had had high ozone levels. However, the backward trajectory models also showed that the air was in the Louisville area the day before, and then made a clockwise loop and came back to Louisville when the 1-hour exceedance occurred. Therefore, it appears as if there was both a component of transported air pollutants from outside the Louisville area as well as a component of local air pollutant emissions coming back to Louisville that was responsible for the exceedance. Mr. Trout also displayed a map of the United States showing the large oxides of nitrogen (NOx) sources by way of circles, the size of which represented magnitude of emissions.
Mr. Trout concluded that the District believes that, while there was likely a local emissions contribution to the 1-hour ozone exceedance, no action to reduce local ozone precursor emissions is warranted at this time to address the September 8, 2002, 1-hour ozone exceedance. This is because the NOx SIP call addresses the emission sources that are likely to be the most responsible for this exceedance; significant NOx emission reductions will occur within the next year or two from these sources. He cautioned, however, that the 8-hour ozone issue, which Mr. Williams will discuss, addresses other health- and welfare-related problems, and the District will recommend action by the Board.
Mr. Williams indicated that the September 25, 2002, Ozone Monitoring Report documents 78 exceedances of the 8-hour ozone standard occurring on 26 different days in 2002 as well as the two exceedances of the 1-hour ozone standard that the District has discussed. Mr. Williams explained the process the EPA will undertake to designate areas as attainment or nonattainment of the 8-hour ozone standard. He said that it is likely that the three-year period that will be used as the basis of the 8-hour ozone designations is 2001 to 2003. Based upon the monitored data for 2001 and 2002, it is likely that the Louisville area will be designated as nonattainment. However, in terms of classification as marginal, moderate, serious, severe, or extreme, the Louisville area could, if EPA uses the same numerical relationship as established in the Clean Air Act for 1-hour ozone classifications, be classified as either marginal or moderate, depending upon the ozone concentrations monitored in 2003.
In simple terms, a classification of moderate as opposed to marginal would likely entail the implementation of a significant number of emission-reduction requirements if the EPA patterns its final 8-hour ozone implementation plan after the 1-hour ozone requirements in Section 182 of the Clean Air Act. Because the Louisville area contributes significantly to the ozone levels experienced in this area, and considering public and economic health, the District proposes to reconvene the SIP Advisory Panel to examine the ozone monitoring data. The SIP Advisory Panel will be requested to develop a recommended action plan to reduce ozone precursor emissions during the summer of 2003 and present its recommendation to the Board in a few months.
The Chairman and the other Board members expressed support to reconvene the SIP Advisory Panel.
Mr. Williams noted that two of the three July exceedances of the 24-hour PM2.5 standard of 65 micrograms per cubic meter were possibly attributable to fireworks activity near the monitor. However, the District does not have the required documentation that would be necessary to define these exceedances as exceptional events. Therefore, those days will remain in the EPA’s database as exceedance days. Subject to Board approval, the District plans on taking no further action regarding these 24-hour PM2.5 exceedances. The District will continue to review the monitored readings.
The VET report was submitted for filing. A copy is attached to the original minutes.
The APCD Enforcement Status 09/18/2002 report was submitted for filing. A copy is attached to the original minutes.
Mr. Williams indicated that the District requests a closed session of the Board to discuss the on-going Gordon-Darby arbitration.
Motion: Mr. Hammond moved to hold a closed session to discuss the on-going Gordon-Darby arbitration.
The motion passed unanimously.
The Chairman said the closed session with staff will be held immediately following the Board meeting in the 2nd floor conference room.
The meeting adjourned at 10:02 a.m.
_______/signed/_______
Joseph D. Vibbert
Chairman
_______/signed/_______
Jonathan L. Trout
Secretary-Treasurer
The Board members and certain staff met in closed session starting at 10:07 a.m. No action was taken. The closed session adjourned at 11:25 a.m.
_______/signed/_______
Joseph D. Vibbert
Chairman
_______/signed/_______
Jonathan L. Trout
Secretary-Treasurer