The regular meeting of the Air Pollution Control Board of Jefferson County was called to order January 15, 2003, at 9:10 a.m. in the Board Room of the Air Pollution Control District, 850 Barret Avenue, Louisville, Kentucky, by the Chairman, Joseph Vibbert. Karen Cassidy, Lee Howard, and Barbara Sexton Smith were present. A quorum was present.
The following District staff members were present: Art Williams, Jon Trout, Gayle Ballard, Mitzi Powell, Jesse Goldsmith, Cynthia Lee, Terri Phelps, Art Chang, Bruce Gaylord, Richard Heil, Marty Layman, Martha Gammons, Gary Flispart, Tom Pinto, Rebecca Stutsman, Doug Spillman, Phyllis Fitzgerald, Bob Dorzback, Dee Lynch, T.J. Jessie, and Irene Stephenson.
The following guests were present: Pat Moran, Stites & Harbison; Regina Henry, Cemex-Kosmos Cement; Robert Gioffre, Gordon-Darby; Susan Bullard, EPA; and Carolyn Embry, American Lung Association.
Chairman Vibbert introduced and welcomed Barbara Sexton Smith, the newly-appointed Board member. Ms. Smith is the Chief Campaign Officer for the Fund for the Arts. She is the founder and president of Quick Thinking Corporation and has previously served as the National Franchise Director for Pressure Cooker Corporation, the Human Resources Coordinator for Blue Cross Blue Shield, and the Senior Portfolio Manager for Metro United Way.
The minutes of the Public Hearing and Regular Meeting of November 20, 2002, were approved and filed as distributed. The minutes of the Public Hearing and Regular Meeting of December 18, 2002, were approved and filed as distributed.
Mr. Trout explained that Regulation 1.11 Control of Open Burning is being updated to include provisions that allow the District to have more authority relating to open burnings that are exempted from the general ban on open burning. This authority would include imposing limitations on the composition and amount of material to be burned and not allowing open burnings on days for which there is already a health concern, such as Ozone Action Days.
Mr. Trout said that during the Public Review process, the District received a written comment and a comment at last month’s Public Hearing from the same person suggesting that the District should not have the authority to require information or place limits on the timing of open burnings for non-commercial cooking, such as backyard barbecues or a small cooking fires at public parks. Mr. Trout stated that, while the District does not intend to routinely require the
submittal of information for these non-commercial cooking fires, the District believes that it is appropriate to have this authority for a situation in which the District believes that a person might have a fire that exceeds the intended scope of a fire authorized by Section 2.1.1.
Mr. Trout said that the District recommends that the Board adopt amended Regulation 1.11 Control of Open Burning, Version #9, Draft #6 - Proposed, November 11, 2002, as proposed.
Motion: Mr. Howard moved to adopt amended Regulation 1.11 as recommended by the District.
Chairman Vibbert clarified that, if adopted, amended Regulation 1.11 would not place limits on social events such as backyard barbecues or family cookouts.
The motion passed unanimously.
Mr. Trout stated that there was no comment made by the public on proposed amended Regulation 5.02 during the Public Comment Period or the Public Hearing. He said that the District recommends that the Board adopt amended Regulation 5.02 Adoption of Federal Emission Standards for Hazardous Air Pollutants, Version #12, Draft #2 - Proposed, December 6, 2002, as proposed except for the addition of Federal Register notices in Line 97, Subpart EEE, National Emission Standards for Hazardous Waste Combustors, 67 FR 77687, 12-19-02, and in Line 108, Subpart RRR, National Emission Standards for Hazardous Air Pollutants for Secondary Aluminum Production, 67 FR 79808, 12-30-02. These Federal Register notices had been published after the December 9, 2002, Strategy Committee meeting during which the proposed amended regulation had been approved for the Public Review process. Mr. Trout said that the changes in these two Federal Register notices are federally enforceable and therefore adding these to Regulation 5.02 does not change any rights or responsibilities.
Motion: Dr. Cassidy moved to adopt amended Regulation 5.02 as recommended by the District.
The motion passed unanimously.
Mr. Trout said that the Policy Committee met this morning at 8:45 a.m. to review draft proposed amendments to Regulations 1.15 and 7.02. Regulation 1.15 identifies the version of the federal regulations that are incorporated by reference into the District regulations. The change would identify the published Code of Federal Regulations that is current as of July 1, 2002, rather than July 1, 2001. Regulation 7.02 incorporates the Federal New Source Performance Standards. By updating Regulation 1.15 to July 1, 2002, notations for Federal Register notices prior to July 1, 2001 are no longer needed. The U.S. Environmental Protection Agency (EPA) has not added, corrected, or amended any part of 40 CFR 60 since July 1, 2002. It is anticipated that the legal notice will be published in tomorrow’s edition of The Courier-Journal, starting a 30-day public comment period. The public hearing will be held prior to the February Board meeting.
Mr. Moran, Chairman of the SIP Advisory Panel (Panel), said that the Panel met yesterday to review potential strategies to recommend to the Board for implementation during the 2003 ozone season. Based on the time frame and what can be accomplished, the Panel recommends, in general, continuation of the ongoing educational outreach activities and voluntary measures from stationary sources. The Panel’s recommendations are included in the document Focus 2003: SIP Advisory Panel Recommendations.
The first group of measures is in the Mobile Source category entitled "Consolidated Public Outreach Program." These measures include promoting car pooling and ride sharing programs, increasing the promotion of mass transit ridership, promoting telecommuting on Ozone Action Days, increasing public education, promoting trip-chaining, promoting riding TARC on Ozone Action Days, and promoting alternative fuel vehicles. These are a lot of the goals and activities already moving forward under the Kentuckiana Ozone Prevention Coalition (KOPC) and the Kentuckiana Air Education (KAIRE) program.
The second group of measures, also in the Mobile Source category, is entitled "Consolidated Commuter Choice Program." These measures include developing car pooling programs (KIPDA has an active ride sharing program), promoting mass transit ridership (TARC), developing telecommuting programs, marketing programs to promote shift from single occupancy vehicles, developing lunch shuttles and car pools, encouraging preferential parking for car pooling vehicles, and subsidizing TARC rides on Ozone Action Days.
A recommendation under the Stationary Source category is for voluntary production schedule changes to shift production, and thus emissions, from day time to evening. A recommendation under the Area Source category is increasing public awareness of Ozone Action Days and working with businesses in the community to promote the understanding of Ozone Action Days. Recommendations under the Government and Public Agency category include further synchronization of stoplights throughout the county and increased enforcement of speed limits on the interstate system in Jefferson County.
Dr. Cassidy inquired what the next steps would be. Mr. Moran responded that the District staff would be looking for Board consideration of the Panel’s recommendations and direction to develop an action plan for the approved strategies. Mr. Williams further recommended that the Board charge the District to review all of the measures and make a recommendation to the Board for consideration. This could be followed by holding a special meeting of the Board or a Board committee discuss the recommendations for the 2003 ozone season. The Board requested that the District proceed with this review and develop additional recommendations as the District believes appropriate.
Mr. Williams highlighted Mayor Abramson’s Preliminary Organizational Chart for Metro Government. The chart lists the various Cabinet Secretaries and senior staff. The District is assigned to the Community Development Cabinet under Cabinet Secretary Bruce Traughber. Mayor Abramson met with the District staff last Thursday for 15 minutes.
Chairman Vibbert requested a copy of the Brookings Report for each Board member.
Mr. Williams noted that the Board was provided with a copy of the resolution documents regarding the Vehicle Emissions Testing program (VET) arbitration with the VET contractor, Gordon-Darby. The documents include the arbitrator’s August 18, 2002, opinion and the settlement agreement entered into on December 27, 2002.
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 VET report was submitted for filing. A copy is attached to the original minutes.
The APCD Enforcement Status 01/08/2003 report was submitted for filing. A copy is attached to the original minutes.
Chairman Vibbert announced Gayle Ballard’s retirement after 20 years of employment with the District, to become effective February 1, 2003. Mr. Ballard has enjoyed serving the Board and wishes every member continued success and happiness. Chairman Vibbert noted that he has sought Mr. Ballard’s guidance on legal matters pertaining to Board issues. He has been very professional in every situation. Mr. Williams added that Mr. Ballard has provided decades of excellent service to the District and the community. He has provided many years of excellent public service. His wise council will be sorely missed by the District and the community.
The meeting adjourned at 9:45 a.m.
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Joseph D. Vibbert
Chairman
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Jonathan L. Trout
Secretary-Treasurer