The regular meeting of the Air Pollution Control Board of Jefferson County was called to order November 20, 2002, at 9:08 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, Jess Goldsmith, Cynthia Lee, Diane Hazellief, Terri Phelps, Rebecca Stutsman, Art Chang, Bruce Gaylord, Marty Layman, Martha Gammons, Phyllis Fitzgerald, Bob Dorzback, Doug Spillman, Dee Lynch, T.J. Jessie, and Irene Stephenson.
The following guests were present: Pat Moran, Stites & Harbison; Robert Gioffre, Gordon-Darby; Malcolm Winsper and Dave Newman, KY Motorcycle Association; Brad Dillon, Greenebaum Doll & McDonald; Don Satterly, KY Gasoline Dealers Association; Steve Marks, General Electric; and Irene Ward, citizen.
Mr. Howard requested that the sentence in the Director’s report referencing the lack of 24-hour security at four Rubbertown facilities on Page 4 of the Board meeting minutes be changed to indicate that this refers to only there not being security personnel present at all times. There are other methods of security that are employed at all times at these facilities.
The minutes of the Public Hearing on November 20, 2002, were approved as distributed and the minutes and Regular Meeting of November 20, 2002, were approved with the change as requested by Mr. Howard.
Mr. Trout said that the District recommends that the Board adopt amended Regulation 6.29 Standard of Performance for Graphic Arts Facilities Using Rotogravure or Flexographic Printing, Version #8, Draft #1 - Proposed, October 9, 2002.
Motion: Mr. Hammond moved to adopt amended Regulation 6.29 as recommended by the District.
The motion passed unanimously.
Mr. Trout said that the Policy Committee met on November 11, 2002, and approved proposed amended Regulation 1.11 Control of Open Burning to proceed with the formal Public Review process. The proposed amendment would provide the District with more control of open burnings that are exempted from the overall open burning ban. The District would have an opportunity to review the materials that people want to burn and place limits on what is approved to be burned. The proposed amendment would also clearly provide the District with the authority to place restrictions on when open burnings occur. Open burning would not be allowed on Ozone Action Days or other days for which there is a concern for air quality. The public comment period started November 14 and will end December 13. There will be a public hearing prior to the December 18 Board meeting.
Mr. Williams said that the U.S. Environmental Protection Agency (EPA) has not yet published its proposed rule for implementing the 8-hour ozone standard. The EPA anticipates that the proposed rule will be published in the next two to three months. The EPA has submitted a proposed consent decree to the federal court to resolve the suit filed by several environmental and health organizations regarding the timing of designating areas under the 8-hour ozone standard. Under the proposed consent decree, the EPA will require the governors to file, by April 2003, proposed county designations as attainment/unclassifiable or nonattainment. Prior to October 2003, the EPA will propose designations, then finalize them by April 2004.
Mr. Williams stated that the next SIP Advisory Panel meeting is scheduled for December 10, 2002. The staff is developing a list of potential control measures that could be implemented for the 2003 ozone season to reduce the ozone precursor emissions in Jefferson County. The draft options list will be presented at the December SIP Advisory Panel meeting. The status of this project will be given at the December 18 Board meeting.
Mr. Williams provided the Board with a copy of a pre-filed bill sponsored by Senator Seum concerning the Vehicle Emissions Testing (VET) Program. The bill addresses enforcement of the VET Program. The District will track this bill through the legislative process and provide the Board with periodic status reports.
Mr. Williams briefed the Board on the status of the Small Business Amnesty Program that was approved by the Board at the September meeting. He distributed copies of the brochure developed by Ms. Gammons, Small Business Ombudsman. The brochure will be distributed throughout the community at appropriate venues to let businesses know about the availability and benefits of the amnesty program.
Mr. Williams noted that the District has been working with Metro Mayor-elect Abramson’s transition team. The District has provided information about its budget and staffing levels and will continue working with the transition team over the next several weeks as preparations are being finalized for the new government that will begin on January 6, 2003.
Ms. Fitzgerald introduced Irene Ward as one of the recipients of this month’s Lawn Care for Cleaner Air awards. She and her husband, Dick, have begun implementing a new landscaping plan for their yard. Ms. Ward said that they purchased their property in April. They are planting native plants, trees, and shrubs and putting down a gravel walkway, replacing the lawn.
The air quality monitoring reports were 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 11/12/2002 report was submitted for filing. A copy is attached to the original minutes.
The meeting adjourned at 9:17 a.m.
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Joseph D. Vibbert
Chairman
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Jonathan L. Trout
Secretary-Treasurer