The regular meeting of the Air Pollution Control Board of Jefferson County was called to order October 16, 2002, at 9:12 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, and Lee Howard were present. A quorum was present.
The following District staff members were present: Art Williams, Jon Trout, Gayle Ballard, Jesse Goldsmith, Terri Phelps, Mitzi Powell, Cynthia Lee, Art Chang, Diane Hazellief, Eva Addison, Rebecca Stutsman, Martha Gammons, Phyllis Fitzgerald, Dee Lynch, Bob Dorzback, Marty Layman, Tom Pinto, Nancy Kottak, Gary Flispart, Barry Zalph, and Irene Stephenson.
The following guests were present: Dave Newman and Malcolm Winsper, KY Motorcycle Association; Pat Moran, Stites & Harbison; Charles Huff, C R Huff Environmental; Carolyn Embry, American Lung Association; Constance J. Parrish, Parrish Associates; and Melissa Saulnerond, former APCD staff member.
Mr. Trout indicated that the three people who received Lawn Care for Cleaner Air Awards at the September meeting should be added to the list of guests. Also the spelling of “Crescent” was corrected.
The minutes of the Special Meeting of September 26, 2002, were approved as corrected by Mr. Trout.
Ms. Phelps said the District recommends that the Board adopt the proposed Board Order with Akzo Nobel Coatings, Inc.
Motion: Mr. Hammond moved to adopt the proposed Board Order with Akzo Nobel Coatings, Inc. as recommended by the District.
The motion passed unanimously.
Mr. Williams acknowledged the successful implementation of a very important grant the District received and the wonderful work from Melissa Saulnerond. The District decided that it could take a more active role in the community, therefore four years ago sought a grant opportunity that existed from the U.S. Environmental Protection Agency (EPA) called the Sustainable Development Challenge Grant. The District, in conjunction with the City of Louisville, the Housing Authority of Louisville, the University of Louisville, and the West Jefferson County Community Task Force identified a project in the Park DuValle area. The $250,000 Sustainable Development Challenge Grant, which focussed on the new community around Park Du Valle, was coordinated by Ms. Saulnerond with the grant partners and the community advisory group. Components of the grant included seminars on building job skills, creating job opportunities, business skills, and environmental sustainability in the community. Information was disseminated in the community on living in the community in an environmentally sustainable way, such as recycling, using energy-efficient products in the home, and learning the proper disposal of pesticides and motor oil. One of the most successful components of this program was the development of a community garden at the Kennedy Montessori Elementary School.
Ms. Saulnerond added that she felt pleased with the outcome of the program and accomplishment of the tasks involved. Additional projects were the development of a website and the distribution and installation of compact fluorescent light bulbs.
Mr. Williams noted that in celebrating and acknowledging the great work of the program, there will be a reception following the Board meeting. The Board and guests are welcome to celebrate the accomplishments of the grant.
The Chairman added that the Park DuValle Revitalization Project is a $180 million project that had a significant amount of involvement from various groups.
Mr. Trout said the Policy Committee met October 16, 2002, just prior to the Board meeting, and approved proposed Regulation 6.29 to start the formal Public Review process. A comment sent by the Kentucky Small Business Stationary Source Compliance Advisory Panel was inadvertently not addressed in the comment/response document. The comment suggested that additional guidance be provided on acceptable methods of prorating ink and coating usage and that the District should be required to approve requests for extending the record keeping period if the method is technically acceptable. The District had agreed with the suggested changes and the proposed regulation includes those changes. Mr. Trout said that the legal notice is expected to appear in The Courier-Journal on Thursday, October 17, 2002. A public hearing will be held before the November Board meeting.
Mr. Williams reported that the SIP Advisory Panel will be convening tomorrow at 10:00 a.m. The SIP Advisory Panel will be asked to look at possible strategies and options for emission reductions during the 2003 ozone season, which may be determinative of the regulatory status under the 8-hr ozone standard. Recommendations from the SIP Advisory Panel will be brought to the Board for consideration.
The Chairman added that the Board was supportive of this review by the SIP Advisory Panel.
Mr. Williams briefed the Board on an article in The Courier-Journal regarding the EPA Region 4 study of relative risks from air toxics in Jefferson County. This relative risk study is intended to be a general guide to communities to get a sense of risk of one community relative to other communities. Jefferson County, Kentucky, was identified, out of the 735 counties in the eight southeast states, as the number one county for relative risk. The four main categories of information that EPA identified were population density, national air toxics assessment data, toxic release information, and morbidity and mortality data. The story reported that some of the data were relatively old, dating back to the 1990s. The EPA cautioned that this information should not be relied upon too heavily to indicate how much risk may objectively exist in the community for exposures to these pollutants. The results of the study are more of a county-to-county comparison. The West Jefferson County Community Task Force has been focussing on air toxics issues. We have one of the nations’ most comprehensive air toxics monitoring projects underway. An enormous amount of data has been generated from April 2000 to April 2001 from the 12 monitors deployed. The Task Force will recommend a risk strategy to respond to the levels of risk that were monitored, once the risk assessment report is received.
The Chairman added that some of the data that the report pulled from are four to six years old. He inquired whether there is any indication or change in relative position within recent years.
Mr. Williams responded that of the top 10 (highest total emissions in Jefferson County) chemicals identified in the 1999 Toxics Release Inventory (TRI) report, six had decreases reflected in the 2000 TRI report and four had increases in the 2000 TRI report. A conclusion regarding overall exposure to air toxics between 1999 and 2000 cannot be made because each chemical has a different relative toxicity. The changes from year to year can be significant by several hundreds of thousands of pounds of emissions. The EPA Region 4 staff has indicated that it intends to update the relative toxicity report annually.
Dr. Cassidy referred to the four main categories of data and wondered what steps would be appropriate for the community to take. She noted that vehicle emissions testing should be reconsidered, because it is difficult to do something about population density.
Mr. Williams noted that the National Air Toxics Assessment Data (NATA) was given only 5% weight and the morbidity/mortality data included disease and illnesses that clearly have causes other than environmental exposure. An improvement in the community’s overall health requires attention to many areas in addition to environmental exposure, such as nutrition and lifestyle choices.
The Chairman added that when a report like this is read by citizens of the community, they would likely wonder what can make a difference. Hopefully the District staff and the Board can continue educating the community on this issue so that the citizens can feel that they have some control and they can make some improvements.
Mr. Williams mentioned that the District is beginning a process of working with an entity called the Regional Leadership Coalition. The Coalition has had a recent notable achievement in bringing together the governors from Indiana and Kentucky to identify common themes that could be addressed in the 23-county area in Indiana and Kentucky around Louisville. One of the common areas that was identified was environmental issues. The District is cooperating with the Indiana and Kentucky state air quality officials to look at what opportunities exist in this region for better cooperation and collaborating on improving air quality in this 23-county area. A report will be given to the Board periodically on areas identified for future improved cooperation and communication.
Mr. Williams noted that an article in The Courier-Journal addressed the lack of 24-hour staffed security at four Rubbertown facilities. The District will discuss with the Emergency Management Agency whether there should be additional security measures taken at these facilities. The federal Clean Air Act and the ensuing programs don’t require around-the-clock security to be in place for chemical companies. The District does not, under the current regulations, have a requirement for companies to have certain types of security. However, a lack of security could lead to possible situations that might cause the release of air emissions.
The Chairman said that the Board needs to be aware whether it has a role in this matter and appreciated the District staff pursuing that issue.
The list of Lawn Care for Cleaner Air Award recipients for the last month was submitted for filing. A copy is attached to the original minutes. Mr. Williams noted that during the last couple of weeks, Ms. Fitzgerald helped lead two highly visibility community activities. One was a community project on Payne Street at several properties, replacing grass on the steep front lawns with no-mow vegetation. This project has brought the neighbors closer together. The other was a gathering held at the Crescent Hill Library by the Crescent Hill Garden Club to discuss no-mow options.
The Chairman thanked Ms. Fitzgerald for her involvement with this program and bringing in participants that help with reducing air emissions from their projects. There are a number of homes along the Eastern Parkway area that have alternative vegetation in place to reduce the amount of grass requiring mowing and perhaps should be recognized by this program.
Mr. Williams responded that the District is trying to assure good geographic reach in the community. Existing projects as well as new projects are being recognized.
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 10/10/2002 report was submitted for filing. A copy is attached to the original minutes.
Dr. Cassidy requested a brief report on the Amnesty Program.
Ms. Gammons responded that currently two companies are participating in the program, a graphics company and a laboratory. The District staff is working with them on their air permits.
The meeting adjourned at 9:45 a.m.
_______/signed/_______
Joseph D. Vibbert
Chairman
_______/signed/_______
Jonathan L. Trout
Secretary-Treasurer