The regular meeting of the Air Pollution Control Board of Jefferson County was called to order December 18, 2002, at 9:17 a.m. in the Board Room of the Air Pollution Control District, 850 Barret Avenue, Louisville, Kentucky, by the Chairman, Joseph Vibbert. Karen Cassidy was present. A quorum was not present.
The following District staff members were present: Jon Trout, Gayle Ballard, Terri Phelps, Rebecca Stutsman, Marty Layman, Art Chang, Martha Gammons, Diane Hazellief, T.J. Jessie, Bob Dorzback, Gary Flispart, Dee Lynch, Tom Pinto, Beverly Tyler, Steve Taylor, Eric Brown, Billy DeWitt, Bo Fawbush, and Irene Stephenson.
The following guests were present: Jonathan Miller, DuPont Dow Elastomers L.L.C.; Brad Dillon, Greenebaum Doll & McDonald; Pat Moran, Stites & Harbison; Robert Gioffre, Gordon-Darby; Dave Newman and Malcolm Winsper, KY Motorcycle Association; Patrick Schmidt, citizen; and Sarah Scheetz, Louisville Gas and Electric Company.
Mr. Vibbert indicated that because a quorum was not present, any action regarding approval of minutes and adoption of regulations would be postponed until the next scheduled meeting.
Mr. Trout introduced the following District staff members:
Mr. Trout noted that the new Metro Government is taking shape on the administrative side. Joan Riehm, a former Board member, was appointed Deputy Mayor and will oversee the Cabinet for Community Development and the Cabinet for Health and Family Services. Bruce Traughber was appointed Secretary of the Cabinet for Community Development with direct responsibility for the District. Mr. Traughber has been involved with both the City and County governments.
Mr. Trout said the Strategy Committee met on Monday, December 9, 2002. The Committee approved draft proposed Regulation 5.02 Adoption of Federal Emission Standards for Hazardous Air Pollutants to undergo the formal Public Review process. The U.S. Environmental Protection Agency (EPA) has recently promulgated a number of new and amended Maximum Available Control Technology (MACT) standards. The District is required, pursuant to its grant with the EPA, to have a legal mechanism to enforce these MACT standards. The 30-day written Comment Period runs from December 12 to January 10. A public hearing will be held before the January 15 Board meeting
Mr. Moran, Chairman of the SIP Advisory Panel, said the SIP Advisory Panel met on Tuesday, December 10, 2002. The main focus of the meeting was to review the list that the District staff developed of 60 strategies for ozone precursor emission reductions that could be implemented during the 2003 ozone season. The strategies were ranked in terms of ability to be implemented in a short time frame, types and extent of reduction, ease of which reductions could be achieved. The emission reduction strategies were categorized by the traditional grouping of stationary sources, mobile sources, and area sources and a new category of “government and public agency” in recognition that some control measures can only be implemented by governmental agencies. The SIP Advisory Panel’s intention is to make, at the January Board meeting, a recommendation to the Board of several ozone precursor emission control strategies to be implemented for the 2003 ozone season. The goal is to minimize the ozone concentrations in 2003 to reduce the area’s 2001-2003 design value so that the Louisville area will be given the least onerous 8-hour ozone nonattainment classification by the EPA in the spring of 2004.
Dr. Cassidy inquired whether there will be cost information for the implementation strategies that the SIP Advisory Panel recommends. Mr. Moran replied that the District staff is in the process of quantifying the emissions reductions that each of the 60 strategies might achieve, information that the SIP Advisory Panel determined to be of great significance. The District staff is also working on developing cost information.
Mr. Vibbert requested that copies of the SIP Advisory Panel meeting minutes be provided to the Board.
Mr. Trout, on behalf of Director Williams, indicated that at the national level the Administrator of the EPA has approved changes to the federal New Source Review regulations. The District is in the process of reviewing the approximate 250-page regulation and will provide the Board with a detailed analysis when its review is complete. The EPA believes that overall emissions will be reduced as a result of these changes. It is uncertain whether it would be mandatory for the District to revise its existing Regulation 2.04 (for nonattainment areas, of which there is currently none in Jefferson County) and Regulation 2.05 (prevention of significant deterioration for attainment areas) to conform with the EPA’s changes.
Mr. Trout informed the Board that the EPA’s 8-hour ozone standard implementation plan regulation is expected to be out in the January or February time frame. This regulation will detail the requirements for areas not in attainment of the standard. The States will be required to propose nonattainment areas and their boundaries by April 2003. The EPA will then propose nonattainment area designations in October 2003, and after reviewing comments, make final nonattainment area designations in April 2004. The EPA’s intention is for the implementation plan regulation to be proposed before the States are required to propose nonattainment area boundaries.
The list of this month’s Lawn Care for Cleaner Air Award recipients was submitted for filing. A copy is attached to the original minutes.
The Air Quality Monitoring Reports were submitted for filing. A copy is attached to the original minutes.
The Vehicle Emissions Testing (VET) report was submitted for filing. A copy is attached to the original minutes.
The APCD Enforcement Status 12/10/2002 report was submitted for filing. A copy is attached to the original minutes.
Mr. Vibbert asked for a status update for the Small Business Amnesty Program. Ms. Gammons responded that there are currently five companies that have applied for the Amnesty Program. Two of those companies qualify for the Amnesty Program and are in the process of obtaining permits. Another company, that also needed a permit, did not qualify for the Amnesty Program because it had already been cited for a permit condition violation. The fourth company is a new company in the process of starting up that needed guidance regarding the permit process. The fifth company was provided information even though the company did not qualify for the Amnesty Program because the company had more than 100 employees. Information on the Amnesty Program has been presented to four community outreach programs and there will be continued meetings with business associations. Brochures are being distributed directly to companies located in industrial parks as well as to small business associations, the Kentucky Division for Air Quality, and the Pollution Prevention Center at the University of Louisville. There is also a link to Amnesty Program information from the District’s Small Business page on the Internet and a press release has been done. The Amnesty Program ends December 31, 2003.
Dr. Cassidy asked whether there was a financial report available with the VET Annual Report provided to the Board. Mr. Trout responded that the contract with Gordon-Darby allows the company to retain $8.57 for each $11.00 paid VET test performed. As with any other contract with Jefferson County for services, an accounting of how the money is spent or how much is profit is not required.
The meeting adjourned at 9:40 a.m.
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Joseph D. Vibbert
Chairman
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Jonathan L. Trout
Secretary-Treasurer