Minutes
Regular Meeting
of the
Louisville Metro Air Pollution Control Board
January 21, 2004

The regular meeting of the Louisville Metro Air Pollution Control Board was called to order January 21, 2004, at 9:15 a.m. in the Board Room of the Louisville Metro Air Pollution Control District, 850 Barret Avenue, Louisville, Kentucky, by the Chair, Karen Cassidy. Lee Howard, Lewis Hammond, Barbara Sexton Smith, Sandra Withers, Nadir Al-Shami, and Carolyn Embry were present. A quorum was present.

The following Louisville Metro Air Pollution Control District (District) staff members were present: Art Williams, Jon Trout, Lauren Anderson, Jesse Goldsmith, Terri Phelps, Cynthia Lee, Arthur Chang, Mitzi Powell, Marty Layman, Martha Gammons, Phyllis Fitzgerald, Bob Dorzback, Dee Lynch, Doug Spillman, and Irene Stephenson. Shannon Tivitt, Assistant Secretary, Cabinet for Community Development, was also present.

The following guests were present: Paige Mosser Theriac, Kentuckiana Engineering Company, Inc.; Regina Henry, CEMEX - Kosmos Cement Company; Rich Robinson, American Synthetic Rubber Company; Dave Newman, Kentucky Motorcycle Association; Jonathan D. Miller, DuPont Dow Elastomers LLC; Don Haynes, ERM-SE; Dennis Conniff and Thomas Peters, Frost, Brown, Todd L.L.C.; Sharon Dodson and Marlene Zeckner Pardee, Louisville Gas and Electric Company; Ray Pierce, Flowervale Lemont Pierce Neighborhood Association; Pat Moran, Stites & Harbison; Winnie Hepler, Justice Resource Center; Roosevelt Roberts and Dorothy Roberts, Rubbertown Emergency Action (REACT); Brad Dillon, Greenebaum Doll & McDonald; and Nancy Dematra, Citizen of West Louisville.

Approval of Minutes

The minutes of the Regular Meeting of December 17, 2003, were approved and filed.

Public Comment

Winnie Hepler, Justice Resource Center, said that she was concerned that the Mayor and the other parties involved had not developed recommendations for the chemical toxics standards. She said that she feels that the issue of toxic chemicals needs to be addressed; Louisville could possibly model a toxics program after one of the states that are doing a good job.

Roosevelt Roberts, REACT, reiterated his previous statement to the Board that the toxics issue needs to be addressed by the Board.

Nancy Dematra, a citizen of West Louisville, said that tighter standards for the toxic emissions from Rubbertown are needed.

Committee Reports

1. Strategy Committee

   Mr. Trout said that the Strategy Committee met just prior to the Board meeting and approved Regulation 5.02 Adoption of Federal Emission Standards for Hazardous Air Pollutants, Version #14, Draft #1 - External, January 6, 2004, to go through the formal Public Review process. The legal notice will be published in next Thursday's edition of The Courier-Journal announcing a 30-day public comment period and public hearing before the March Board meeting.

   Mr. Trout indicated that the District staff began its discussion of the many issues involved in developing an air toxics program, providing examples of how the issues have been addressed in other programs around the country. The Strategy Committee will schedule additional meetings to continue this discussion. Mr. Trout added that a motion was made and approved by the Strategy Committee to reaffirm the need for a regulatory framework to address the air toxics issues and to request that the District begin developing recommendations for the Strategy Committee to consider for addressing the air toxic problem.

   Ms. Embry said that she would like for the motion that was approved by the Strategy Committee to be considered for adoption by the full Board.

   MOTION:	Ms Embry moved that the Board reaffirm the need for a new regulatory framework for an air toxics program and direct the District to expeditiously begin the process of developing recommendations for regulations to address the control of air toxics. The motion passed by unanimous consent.

2. Policy Committee

   Mr. Trout said that the Policy Committee will meet immediately after the Board meeting to consider approving two draft regulations to begin the formal Public Review process. These regulations are Regulation 1.15 Version of Federal Regulations Incorporated by Reference and Regulation 7.02 Adoption of Federal New Source Performance Standards.

Staff Reports

1. Director

   Mr. Williams briefed the Board on the status and recent actions regarding the lawsuit in federal court opposing the end of the Vehicle Emissions Testing (VET) Program. Yesterday, Judge Heyburn held a hearing on the issue of whether action to end the VET Program without the approval of the U.S. Environmental Protection Agency (EPA) constituted a violation of the Clean Air Act. A written decision is expected by the end of the week. During the hearing, Judge Heyburn gave a strong indication that he believes that there was a violation of the Clean Air Act. Mr. Williams said that it is uncertain as to what remedy the Court might require if it is found that a violation did occur.

   Mr. Williams said that the EPA has not yet published a final rule for the implementation of the 8-hour ozone standard. The final rule is likely to be published in two parts, the first part defining whether nonattainment areas would be classified and subject to a Subpart 2 approach that would establish specific control requirements or not classified and subject to a Subpart 1 approach that would require only that a plan to attain the 8-hour ozone standard be developed.

   Mr. Williams said that Mayor Abramson has now appointed 22 members to the Air Quality Task Force. The first Task Force meeting is scheduled for Friday, January 30, at 1:30 p.m. The Board members are welcome to attend Task Force meetings. The first assignment to the Task Force is to identify, evaluate, and recommend strategies to the Board and the Mayor to achieve attainment of the 8-hour ozone standard.

   Mr. Williams said that last week the Kentucky Division for Air Quality made a presentation regarding the new PM_2.5 standard. By the end of this year or in 2005 the EPA will publish final designations and the PM_2.5 implementation rule. It is expected that the Louisville area will be designated as nonattainment of the PM_2.5 standard. However, Mr. Williams noted that the monitored PM_2.5 average for the 2001-2003 three-year period dropped to 16.8 micrograms per cubic meter (µg/m³) from the 17.1 µg/m³ 2000-2002 three-year average. Further, the 2003 annual averages, ranging from 15.4 µg/m³ to 15.1 µg/m³ at the various monitors in Jefferson County, were the lowest in the five years that the District has been monitoring PM_2.5. The PM_2.5 annual standard is 15.0 µg/m³. These lower monitored PM_2.5 concentrations, much like the lower monitored 8-hour ozone concentrations in 2003, are likely attributable to the cooler and wetter weather that occurred in the summer of 2003.

   Mr. Williams said that the District is continuing to work with American Synthetic Rubber, Zeon Chemical, and Rohm & Haas, on the companies' voluntary plans to reduce the emissions of 1,3-butadiene. The District is also working with DuPont Dow Elastomers on that company's voluntary plan to reduce chloroprene. The companies do not agree that these voluntary plans should be formalized in enforceable Board Orders. Mr. Williams said that if an agreement regarding enforceability cannot be achieved within the next few weeks, the District will proceed with other initiatives and approaches to addressing reducing those emissions to safer levels. Mr. Williams indicated that these voluntary reductions may be only a first step, and that additional reductions may be needed to reduce these emissions to levels that are deemed acceptable.

   Mr. Williams concluded that the reluctance of these companies to enter into enforceable commitments to reduce these emissions underscores the need for this Board to give strong consideration to a regulatory program that would require emission reductions. Ms. Embry reiterated that this morning the Board reaffirmed the need for a regulatory framework and asked the District to begin the process of developing a recommended regulatory framework for Board consideration.

   Mr. Williams said that the EPA has finalized its workplan for partnering with the District to address air toxics issues in the West Louisville area. The EPA committed to the following activities:

   1. Perform computer dispersion modeling of industrial sources of air toxics
   2. Participate in inspections of selected companies in the Rubbertown area to determine compliance with the federal maximum achievable control technology (MACT) regulations
   3. Conduct inspections of selected companies in Rubbertown to determine compliance with the Section 112(r) Risk Management Plans
   4. Participate with the District in discussions with major sources in the Rubbertown area concerning approaches to reduce the probability and potential impact of alternative release scenario accidents
   5. Develop a strategy to evaluate short-term air toxics monitoring results against chemical release data, startup/shutdown/malfunction data, and local meteorological data to identify possible sources of elevated short-term concentrations in Rubbertown
   6. Assist the District and the Rubbertown community with the development of communication strategies for the Risk Assessment and Risk Management plans
   7. Present courses on the federal air pollution control programs and the fundamentals of environmental justice

   The District will report periodically on the progress of these activities.

   Mr. Williams said that the District has begun the process of identifying the likely sources of the emissions of the 18 chemicals for which monitoring data showed unacceptable concentrations as defined by the West Jefferson County Community Task Force.

   Mr. Williams said that the District sent comments to the Indiana Department of Environmental Management regarding the draft Title V permit for the Gallagher Plant which is located on the Indiana side of the Ohio River, directly west of Louisville. These comments included specific suggestions on monitoring requirements and a general statement that the Gallagher plant should be required to reduce its emissions. Mr. Williams said that the District is continuing to explore opportunities and mechanisms to effect emission reductions at the Gallagher plant.

   Mr. Williams noted that the Kentucky General Assembly is now in session. Senate Bill 3 would provide tax credits for biodiesel. Senate Bill 33 and House Bill 133, essentially identical bills, would provide for alternative dispute resolutions for certain disputes. While the legislation uses the term "land use disputes", the actual definition of "land use" is very broad, and may expand to applicability to environmental permitting decisions, potentially affecting District permits. Senate Bill 89 pertains to regulatory takings, but appears to apply only to State agencies. Senate Joint Resolution 3 and House Joint Resolution 12 call for the Northern Kentucky Vehicle Emission Testing Program to close by November 1 of this year. House Bill 53 would amend KRS 77 and KRS 224 to exclude the first four model years from the definition of vehicle. This would prohibit any future VET program from testing these newer vehicles.

2. Lawn Care for Cleaner Air Awards

   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.

3. Air Quality Data

   The air quality monitoring reports were submitted for filing. A copy of each report is attached to the original minutes.

4. Enforcement Status

   The APCD Enforcement Status 01/12/2004  report was submitted for filing. A copy is attached to the original minutes.

Adjourn

The meeting adjourned at 10:42 a.m.