The regular meeting of the Louisville Metro Air Pollution Control Board was called to order August 20, 2003, at 9:32 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, Lee Howard, Barbara Sexton Smith, and Sandra Withers 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, Mitzi Powell, Cynthia Lee, Terri Phelps, Diane Hazellief, Art Chang, Rebecca Stutsman, Phyllis Fitzgerald, Bob Dorzback, Doug Spillman, Dee Lynch, Barry Zalph, Tom Pinto, Don Sanders, Patrick Schmidt, Gary Flispart, and Irene Stephenson.
The following guests were present: Ray Pierce, Flowervale Lemont Pierce Neighborhood Association; Deb Porter and Robert Gioffre, Gordon-Darby; Jonathan D. Miller, DuPont Dow Elastomers, L.L.C.; Don Haynes, ERM; Regina Henry, Cemex-Kosmos Cement Company; Pat Moran, Stites & Harbison; John Riley, Nick Karem, and Greg Holmes, Stop the Vet; Dave Newman, Kentucky Motorcycle Association; Ron Gambrell, PRP/Valley Station Concerned Citizens; Donna Mancini, Colonel Walker Flag Company; Joan Lindop and Mike Baseom, Sierra Club; Bob Ehrler, Frost, Brown, Todd L.L.C.; Carolyn Embry, American Lung Association of Kentucky; Kraig Humbaugh, Louisville Metro Health Department; Tim Corrigan, Greater Louisville, Inc.; and Winnie Hepler, Justice Resource Center.
Ms. Fitzgerald noted that there were over 50 Lawn Care for Cleaner Air Awards for this month. Three hundred sixty-five awards have been presented over the last three years. She announced that 220 people submitted applications to the Lawn Mower Rebate Program.
Ms. Fitzgerald presented a Lawn Care for Cleaner Air Award to Richard Spalding. Mr. Spalding redesigns properties to have low-maintenance landscaping.
Mr. Williams added that District staff member Barry Zalph developed the approach used by the District to quantify the emission reduction benefits from landscaping changes. Mr. Williams described a recent study regarding the volatile organic compound (VOC) emissions from mowing grass, indicating that the biogenic VOC emissions from the cut grass may be two to three times larger than the VOC emissions from the gasoline engine-powered mowing equipment
The minutes of the Regular Meeting of July 16, 2003, were approved and filed as distributed.
Mr. Williams commended Cynthia Lee and her staff, particularly Bob Dorzback, and Donna Anthony for their efforts to develop summary information on the 2003 industry voluntary reduction project. Of the 155 companies that were identified by the District as meeting the criteria that the Board established for involvement in this project, responses were received from all but six companies. In summary, only eighteen companies indicated that they do not plan to take some type of voluntary action to reduce emissions; the remaining 137 companies described measures with a calculated ozone precursor emission reduction of approximately 10,000 pounds per day. Additionally, there were 45 companies that identified measures but did not know how to calculate the emission reductions.
Information regarding the identified ozone precursor reduction measures has been entered into an electronic spreadsheet so that various reports can be made. The District will complete a frequently asked questions (and answers) document and post it on the District’s website (www.apcd.org) in the near future. Information regarding individual ozone precursor emission reduction measures, but not identifying specific companies, will also be posted on the District’s website. Mr. Williams commended the Board for the initiative to undertake this project to document voluntary emission reduction measures.
Ms. Smith asked whether the District had notified the 155 companies as to what information was going to be available on the website and whether a counter can be placed on the web page to track how many visits are made to that web page. Mr. Williams responded that the District does have contact information on each company and their e-mail addresses. A web page counter will be designed into this web page.
Dr. Cassidy asked whether the District staff would work with the companies that did not know how to quantify their reductions. Mr. Williams responded that District staff members, including Mr. Dorzback, Gary Flispart, and Dr. Zalph, would be helping the companies to quantify emission reductions.
Mr. Williams said that the District is tracking the various emission reduction strategies that were approved by the Board in the Focus 2003 project. The quantified reductions are indicated for each major category in the Focus 2003 update document. While some of the strategies have been very successful, such as the lawn mower rebate program, other strategies have not been as successful as anticipated. For example, the airport has not implemented any of the suggested voluntary emission reduction measures. Mr. Williams said that the District will provide monthly updates this summer.
Mr. Williams reported that the component to increase speed limit enforcement has been hampered because the new Metro government had not fully developed processes for transferring funds between agencies. With respect to the tire pressure program, the District has purchased give-away tire pressure gauges and air compressors. The District had a booth for two days at the West Louisville Appreciation Celebration Festival. Ms. Fitzgerald and Mr. Williams demonstrated how to correctly measure tire pressure and gave tire pressure gauges to 300-400 people. Yesterday, Gordon-Darby started the program at the 22nd Street & Standard Avenue VET center. People having their vehicles tested will be asked to voluntarily have their tire pressure checked. A brochure will be distributed that shows information on the importance of correct tire pressure and the safety and savings associated with maintaining correct tire pressure. The initial feedback from this VET center is that a number of people are willing to participate in this program and think that it is a nice added feature.
Mr. Trout said that the District recommends that the Board adopt Regulation 5.02 Adoption of Federal Emission Standards for Hazardous Air Pollutants Version #13, Draft #3 - Proposed - Revision 1, July 18, 2003. This revised proposed version includes adding the June 23, 2003, Federal Register notice to 48 subparts of 40 CFR Part 63 and the July 18, 2003, Federal Register notice to subpart MM of 40 CFR Part 63. These additions would allow Regulation 5.02 to be up to date with EPA’s regulations as of yesterday.
Motion: Mr. Howard moved to adopt amended Regulation 5.02, Version #13, Draft #3 - Proposed - Revision 1, dated July 18, 2003, as recommended by the District.
The motion passed unanimously.
Mr. Trout said the District recommends that the Board repeal the four regulations associated with the District’s Vehicle Emissions Testing (VET) program, Regulations 8.01, 8.02, 8.03, and 8.04. He noted that the recommendation also includes a November 1, 2003, effective date for the regulations to be repealed.
With respect to the comments made by Mr. Moran at today’s public hearing on the proposed repeal of these four regulations, Mr. Williams said that the District had made a legal assessment of the language discussed by Mr. Moran. Mr. Williams indicated that many legislative bills are subject to varying interpretations because of the way the language is drafted. He said that Mr. Moran’s analysis was appreciated and understood. However, the District’s conclusion was that the VET program should end before November 1, 2003, and that the proposal to repeal the four VET regulations is the appropriate next legal step to comply with the intent of House Bill 618 that was enacted in the 2002 legislative session.
Mr. Williams said that there is a mechanism in the second part of the enacted legislation that would allow the Metro Council to determine whether a VET program is needed in Jefferson County. He reiterated that the District’s assessment is that the law supports the District’s recommendation to repeal the VET program regulations.
Motion: Mr. Hammond moved to repeal Regulations 8.01, 8.02, 8.03, and 8.04, as recommended by the District.
Mr. Howard asked at what point will information regarding the obligation to VET test no longer be sent to people who renew their vehicle registration. Mr. Williams responded that the VET program and its regulations will remain in effect through the end of October. Therefore, the obligation will continue until that time for a person to have his or her vehicle undergo a VET test after renewing the vehicle’s registration. The Kentucky Transportation Cabinet, which has the responsibility for the revocation process, intends to continue to enforce the program through the end of October. The District has worked with the Transportation Cabinet officials to insure that there is a process that would allow a person who has had his or her vehicle’s registration revoked to have the registration reinstated after the VET program has ended.
The motion passed unanimously.
Mr. Williams said that, in 2003 to date, there have been ten exceedances of the 8-hour ozone standard that occurred on six days. Today is an Ozone Action Day. In an August 7, 2003, letter from the US Environmental Protection Agency, Region 4 (EPA), the EPA approved the revised motor vehicle emission budgets, based on the use of MOBILE6, and found that the Long Range Transportation Plan and the Transportation Improvement Plan conformed with the motor vehicle emission budgets.
Mr. Williams indicated that the VET Report shows that the July 2003 testing volume was greater than the July 2002 testing volume by approximately 1,000 vehicles. There has not been a significant reduction in the number of vehicles tested, even though the VET program will end October 31, 2003.
Mr. Williams noted that the monthly PM2.5 average was 21.7 micrograms per cubic meter (µg/m3). This summer’s PM2.5 concentrations are the lowest in the last four years. However, the Jefferson County annual average is approximately 17.1 µg/m3, which is still above the federal standard of 15.0 µg/m3. Historically, July has had the highest monitored concentrations for PM2.5.
Mr. Williams said the SIP Advisory Panel (SIP Panel) has been in existence for more than ten years. The SIP Panel has played a very important role for this Board in recommending strategies to achieve attainment for the 1-hour ozone standard. Based on the SIP Panel’s work and the Board’s work, the community did achieve attainment for the 1-hour ozone standard at the end of the 2000 ozone season and was redesignated to attainment in November 2001. There are future challenges ahead for Jefferson County to comply with the new federal 8-hour ozone and PM2.5 standards. However, even though there is likely to be an important role for an advisory panel to the Board, the District believes that it is appropriate to bring the SIP Panel, as it is currently constituted, to an end. The SIP Panel members have been notified that their service has been appreciated and they were thanked immensely for their work.
Mr. Williams said that it is likely that there will be an integrated strategy to resolve both the PM2.5 and the 8-hour ozone problems. However, there could be different emission sources involved than those that were considered to be significant for addressing the previous 1-hour ozone problem. Thus, even though it is probable that a SIP Advisory Panel would be established to study and recommend approaches for addressing these new standards, the makeup of a new panel might be somewhat different. However, the people who are members of the current SIP Advisory Panel have been asked if they would be willing to serve in the next phase because of their experiences in addressing the 1-hour ozone problem. Mr. Williams recognized the significant contributions of both Pat Moran and Carolyn Embry, both of whom were present, who, along with himself, had served as the Chairs for the SIP Advisory Panel.
Mr. Williams said that the Risk Assessment Work Group will meet tomorrow to review the consultant’s responses regarding the comments made by the work group on the draft risk assessment report. The final Risk Assessment Report is expected to be ready for a presentation to the community within two to three weeks.
Mr. Williams said that the EPA Region 4 Air Administrator, Beverly Bannister, and her staff members Ken Mitchell and Paul Wagner visited Louisville on August 6th. They meet with representatives of the District and three Board members to discuss the air quality issues facing the Louisville community. Ms. Bannister also met with Mayor Jerry Abramson and Deputy Mayor Joan Riehm to discuss Louisville air quality issues. In the afternoon, Ms. Bannister and her staff met with members of the Justice Resource Center and the Rubbertown Emergency Action Coalition Group. In the evening, Ms. Bannister and her staff met with the West Jefferson County Community Task Force. Mr. Williams said that Ms. Bannister was very impressed with the level of knowledge and concern about air quality in our community. Ms. Bannister had indicated that her staff will develop an action plan to address the air quality issues in Louisville. Mr. Williams said that the District will share this plan with the Board as it evolves.
Mr. Williams noted that Mayor Abramson met on August 7th with the West Jefferson County Community Task Force to discuss air toxic issues. The Mayor and his staff and the District look forward to working closely in the future with the West Jefferson County Community Task Force to address the identified problems. Mr. Williams cautioned that air toxics problems have been identified as a community-wide issue and that the District believes that the air toxics focus needs to be broadened to address the whole county.
Mr. Williams said that the two-week summer shutdown of the American Synthetic Rubber Company’s (ASRC’s) plant provided an opportunity for comparing ambient levels of 1,3-butadiene with and without this plant operating. ASRC has been identified as being responsible for the largest industrial emission of 1,3-butadiene in Jefferson County. During this two-week period, sampling for volatile organic compounds was done every other day by the University of Louisville. While the data have not undergone full quality assurance reviews, University of Louisville officials have informally said that the initial data suggests that there was a substantial reduction in the monitored levels of 1,3-butadiene. The District will present the formal results to the Board when a final report is completed.
Mr. Williams indicated that a Louisville Gas & Electric letter, dated July 18th, provides a progress report on the Board Order-required conversion of the stacks at the Mill Creek Generating Station to a wet-stack design. Work has been completed on three of the four units, and, by next spring, work on unit three will be completed. The District believes that this will make a positive and substantial difference in the particle deposition problem experienced in the neighborhoods close to the Mill Creek Generating Station.
Mr. Williams said that the EPA announced a proposed consent decree with E.I. DuPont to resolve a significant air release that occurred in 1997. The EPA has proposed an approximate $1 million penalty, with $500,000 being returned to the Louisville community in the form of supplemental environmental projects to be undertaken by a number of entities, such as the Health Department, Emergency Management Agency, the District, the West Jefferson County Community Task Force, and the Rubbertown Community Advisory Council. The District will receive $35,000 to purchase equipment to quickly analyze the ambient air to determine what chemicals are present and at what concentrations.
Mr. Williams invited and encouraged the Board members to attend the Ten Shades of Green exhibit at the Glassworks in downtown Louisville. This 20 foot by 20 foot display was developed by the Architectural League of New York and demonstrates energy-saving techniques and strategies that can be used in the built environment. The District has provided $10,000 from penalty money to sponsor this exhibit, which will run through September 27th.
Mr. Williams said that he and Mr. Trout met with John Lyons, Director of the Kentucky Division for Air Quality (DAQ), on August 6th and discussed the need for increased communication and collaboration between the two agencies. It was noted that the Memorandum of Agreement, which identifies the responsibilities of each agency and which was last revised in 1986, needs to be updated to reflect the current programs. It was agreed that the agencies should reestablish the formal, periodic meetings between the two agencies. Mr. Lyons indicated that he would like for someone from the DAQ to again attend the District’s Board meetings.
Mr. Williams mentioned that Dr. Kraig Humbaugh, Acting Director of the Louisville Metro Health Department, and the District will be forging a stronger relationship. Each Director will routinely attend the Board meetings of the other agency. They might address the Board from time to time on crossover issues between the Health Department and the District.
Chairman Vibbert announced that his appointed term had expired. He has learned that another person has been recommended to be appointed to the Board. Chairman Vibbert thanked the Board members for their support and confidence in the years that he was Chairman. He thanked the members of the District staff for their support and all the time devoted to him. He thanked the members of the community for the opportunity to serve them in this position. He offered best wishes to those who will be appointed to the Board.
Mr. Williams, on behalf of the District, thanked Chairman Vibbert for his exemplary service and leadership on the Board for the past several years. He has been a most gracious, courteous, and fair Board member and Chairman, and the District staff members have appreciated working with him. Mr. Williams said that Chairman Vibbert has brought intelligence, fairness, and creativity with his duty as a volunteer to the community.
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 of each report 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 8/12/2003 report was submitted for filing. A copy is attached to the original minutes.
The meeting adjourned at 10:30 a.m.
___/signed by Lee Howard, for/___
Joseph D. Vibbert
Chairman
_______/signed/_______
Jonathan L. Trout
Secretary-Treasurer