The regular meeting of the Louisville Metro Air Pollution Control Board was called to order February 19, 2003, at 9:10 a.m. in the Board Room of the Louisville Metro Air Pollution Control District, 850 Barret Avenue, Louisville, Kentucky, by the Chairman, Joseph Vibbert. Lewis Hammond and Lee Howard were present. A quorum was present.
The following Louisville Metro Air Pollution Control District (District) staff members were present: Art Williams, Jon Trout, Jesse Goldsmith, Terri Phelps, Art Chang, Diane Hazellief, Cynthia Lee, Bruce Gaylord, Martha Gammons, Marty Layman, Mitzi Powell, T.J. Jessie, Dee Lynch, Doug Spillman, Phyllis Fitzgerald, Tom Pinto, Bob Dorzback, and Irene Stephenson. Bruce Traughber, Cabinet Secretary of the Community Development Cabinet, was also present.
The following guests were present: David Newman, KY Motorcycle Association; Kyle Hardin, United Defense; Pat Moran, Stites and Harbison, Walt Coppinger, Kent Feeds, Inc.; Robert Gioffre, Gordon-Darby; Carolyn Embry, American Lung Association; Brad Dillon, Greenebaum Doll & McDonald; and Sarah Scheetz, LG&E.
Mr. Williams introduced Mr. Bruce Traughber, Cabinet Secretary, Community Development Cabinet of the Louisville-Jefferson County Metro Government. The Louisville Metro Air Pollution Control District and Board are now a part of the Community Development Cabinet. Mr. Traughber said that it was a privilege to attend today’s Board meeting and looked forward to attending future Board meetings. He said that he also looked forward to working with the Board and the District staff, with whom he previously worked when he served as Deputy County Judge/Executive. He asked the Board members to let him know if there are any questions, concerns, or issues that they would like brought to the attention of the Cabinet or the Mayor's office.
The minutes of the Public Hearing and Regular Meeting of January 15, 2003, were approved, as distributed, and filed.
Mr. Trout said that the District recommends that the Board adopt amended Regulation 1.15 Version of Federal Regulations Incorporated by Reference, Version #10, Draft #1 - Proposed, January 6, 2003, as proposed.
Motion: Mr. Howard moved to adopt amended Regulation 1.15 as recommended by the District.
The motion passed unanimously.
Mr. Trout said that the District recommends that the Board adopt amended Regulation 7.02 Federal New Source Performance Standards Incorporated by Reference, Version #10, Draft #1 - Proposed, January 6, 2003, as proposed.
Motion: Mr. Hammond moved to adopt amended Regulation 7.02 as recommended by the District.
The motion passed unanimously.
Ms. Phelps said that the District recommends that the Board adopt the agreed Board Order with Kent Feeds, Inc., as proposed. This Board Order requires the Company to operate a control device to control odors from their facility and pay a $3,000.00 administrative penalty.
Motion: Mr. Howard moved to adopt the agreed Board Order with Kent Feeds, Inc., as recommended by the District.
The motion passed unanimously.
Mr. Williams explained that the District is continuing to review emission reduction measures that could be implemented for the 2003 ozone season. The District’s review process is nearing completion and the District anticipates convening a special meeting of the Board or one of the Board’s committees for discussion and consideration of the District’s recommended list of emission reduction measures.
Mr. Trout said that the Policy Committee met this morning and reviewed proposed changes to Regulation 6.43 Volatile Organic Compound and Emission Reduction Requirements which was part of the industry 15% volatile organic compound (VOC) reduction plan. The most significant proposed change would allow American Synthetic Rubber to use its new thermal incinerator as an option for controlling the emissions from the finishing building; previously, the only option was using the coal-fired boilers. A requirement would be added to keep records as to which control device is being used at any given time.
Additionally, proposed changes would recognize the new company name for five of the companies included in this regulation and the current emissions inventory system number for DuPont Dow Elastomers L.L.C. Also, two stationary sources identified in this regulation are no longer in business, thus those sections may be removed from the regulation. No proposed change would allow an increase in VOC emissions.
Mr. Trout said the draft proposed regulation was approved by the Policy Committee to begin the formal Public Review process. The legal notice will be printed in the Thursday, February 27, 2003, edition of The Courier-Journal. The public hearing will be held prior to the April Board meeting.
Mr. Williams noted that the District has just recently obtained a briefing document from the U.S. Environmental Protection Agency (EPA) that summarizes the draft 8-hour ozone implementation regulation that was sent to the federal Office of Management and Budget for review. He said that the District is currently reviewing this document and would make a presentation at the March Board meeting regarding the potential requirements for the Louisville area. In one option, an 8-hour ozone design value of 92 parts per billion (ppb) would be the cut point between a classification of Marginal and Moderate. Based on the last three years of ambient air monitoring data (2000-2002), the 8-hour ozone design value is 90.3 ppb. Under this option, and if the 2001-2003 design value were not to change significantly, it is possible that the Louisville area would be classified as Marginal nonattainment. However, if the contribution to the design value for the 2003 ozone season was the same as in 2002, the 2001-2003 design value would be 95 ppb, which could cause a classification of Moderate nonattainment. The District’s briefing at the March Board meeting would include a listing of the likely applicable required control measures based upon a classification of Marginal or Moderate nonattainment
Mr. Williams indicated that the District has begun the new Louisville-Jefferson County Metro Government Fiscal Year 2004 budget process which includes implementation of the Mayor’s and Mr. Traughber’s vision for the Community Development Cabinet and the District. The District is developing a zero-based budget, that is, every program and position must be evaluated and justified to be continued. The District will keep the Board informed of any changes to the District’s budget.
Mr. Williams discussed Senate Bill 11, sponsored by Senator Seum, that addresses enforcement provisions of the District’s Vehicle Emissions Testing (VET) Program. He indicated that the sponsor’s initial concerns included the historical bench warrants that were outstanding in the court system and the problem, if and when the VET program ends this year, of getting revoked registrations reinstated because the VET program was no longer in operation. The District feels that it has successfully addressed the historical bench warrants process through the court system. An approved committee substitute dropped that area of concern from the original Senate Bill 11, moving the issue to a joint resolution requesting the District to continue its efforts to get the outstanding bench warrants dismissed. The revoked registration concern was addressed by making the vehicle registration revocation process unenforceable after October 31, 2003, and establishing a mechanism for reinstating a vehicle registration that was revoked because of failure to comply with the VET testing requirement by paying a $22 fee. Of this fee $2 would go to the County Clerk and the remainder to the Louisville-Jefferson County Metro Government to address specific past and future VET program expenses. Senate Bill 11 passed the Senate and was sent to the House.
Mr. Williams summarized the news release from the Transit Authority of River City (TARC) that was distributed at today’s Board meeting. Mayor Jerry Abramson and TARC announced that by next year TARC will put into service five new diesel hybrid electric buses that have 30-50% better fuel economy and substantially lower emissions than conventional diesel buses. The District would like to commend the Mayor, TARC, and Congresswoman Northup for their leadership in obtaining the resources for TARC to make the acquisition of these five buses. This is very beneficial to the community’s air quality and transit program.
Mr. Williams indicated that the additional regular reports have been distributed to the Board members. The PM2.5 report does not show any significant change from the monitored PM2.5 concentrations included in last month’s report.
Chairman Vibbert inquired about the VET report and the difference in the number of vehicles tested in January 2003 compared to January 2002. There is roughly a 2,000 vehicle decline in the indicated number of tests. Ms. Hazellief responded that the numbers are within the month-to-month variability. January’s adverse weather conditions and the granting of extensions to the testing deadline contributed to the decline in the number of vehicles tested in January of this year.
Chairman Vibbert noted the standing committees information sheet provided to the Board. The Board has two standing committees. The Policy Committee members are Lewis Hammond and Karen Cassidy; Mr. Hammond serves as the chairman. The Strategy Committee members are Lee Howard and Barbara Sexton Smith; Mr. Howard serves as the chairman. The Board Chairman is an ex-officio member of these committees and has the same rights as the other committee members, but is not obligated to attend the meetings of a committee and is not counted in determining if a quorum is present. However, the Chairman may appoint himself to a committee and then be counted in the quorum as a regular member of that committee.
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 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 02/10/2003 report was submitted for filing. A copy is attached to the original minutes.
The meeting adjourned at 9:31 a.m.
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Joseph D. Vibbert
Chairman
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Jonathan L. Trout
Secretary-Treasurer