Opportunity for public input on four agreements for voluntary
reductions of 1,3-butadiene and chloroprene
Mr. Williams said that the draft Risk Assessment Report had identified
several chemicals of concern, particularly 1,3-butadiene, as a result of the
air toxics monitoring that was done between April 2000 and April 2001. In
May 2003, Mayor Abramson met with the three companies that reported
emissions of 1,3-butadiene and requested that they propose voluntary
measures to reduce their 1,3-butadiene emissions. These companies are
American Synthetic Rubber, Zeon Chemicals, and Rohm and Haas. The final Risk
Assessment Report, released last fall, confirmed the high monitored
concentrations of 1,3-butadiene. It was subsequently discovered that the
Risk Assessment Report had failed to identify that chloroprene, emitted by
only DuPont Dow Elastomers, had also been monitored at levels of concern.
DuPont Dow Elastomers was requested to likewise propose voluntary measures
to reduce its chloroprene emissions. The District worked with the four
companies to develop enforceable agreements to codify the voluntary
measures.
Mr. Williams explained that the proposed Agreements are not intended to
take the place of a comprehensive regulatory program for the long-term
reduction of the chemicals of concern. The District intends to bring to the
Board, this year, a comprehensive toxics regulation that would systemically
and comprehensively address toxics emissions in the community and bring
about the reduction of these chemicals to safe levels. These Agreements are
one element of a process to address emissions in the community. There have
been previous presentations to the Board about the process used through the
West Jefferson County Community Task Force which has been the primary
stakeholder group that has helped drive the toxics study and the risk
assessment. As a part of this process, a Risk Management Plan was developed.
The first step identified in the Risk Management Plan is to determine the
sources emitting the chemicals of potential concern. The District is
currently undergoing a process to make this determination for the 18
identified chemicals of potential concern. The next step is to evaluate the
options to effect emission reductions, ranging from education and voluntary
abatement measures, to technical and financial assistance, to the adoption
of more stringent regulations.
Mr. Williams noted that one of the issues raised through the public
comment period is whether the proposed Agreements are enforceable. The
District has previously discussed the institution of these voluntary
reduction measures in Board Orders. Mr. Williams said that the Agreements as
proposed would have the same enforceability as a Board Order, the difference
is that enforcement Board orders allege that a violation has occurred and
these Agreements do not allege a violation of District regulations. The
District had inserted additional language to the previous drafts to clarify
the enforceability of these proposed Agreements.
Mr. Williams said that last summer an official from American Synthetic
Rubber told the District that the company would have its usual
10-day-to-two-week annual shutdown in late July and early August. The
company suggested that this would be a good opportunity to undertake
additional monitoring to see what effect this shutdown would have on
1,3-butadiene levels. American Synthetic Rubber is the largest single
stationary source of 1,3-butadiene. An agreement was reached with the
University of Louisville, which has continued to maintain six toxics
monitors, to provide them with $4,000.00 to increase their monitoring
schedule to every other day during this period.
The University of Louisville report on this
focussed monitoring study concludes that the levels of 1,3-butadiene dropped
by 75% during the time period that American Synthetic Rubber was shut down.
The study also concluded that over the last three to four year there has
been an apparent 35%- per-year increase in the monitored levels of
butadiene. Mr. Williams said that the District plans to further review the
conclusion reached in this report, review the District’s malfunction
report records and the emissions reports filed by American Synthetic Rubber,
ask the company for additional information pertaining to its air emissions,
including production records, interview present and former employees to see
if there is any factual information that might help explain these levels of
butadiene, and accelerate the District’s completion of the company’s
Title V permit. Mr. Williams said that the District will make a more
complete report on its evaluation at the next Board meeting. He said that
these findings underscore the need for the community to consider a
strong toxics regulatory program that will provide the District with new
tools and capabilities to get emissions information, to develop a
comprehensive emissions inventory, to perform dispersion modeling, and to
take the necessary actions to reduce emissions of these chemicals of
concern.
Mr. Trout noted that 1,262 written comments
were received on the proposed Agreements. Of these 1,186 were form letters
signed by citizens and 70 were original letters written by individuals.
Three letters had detailed comments on the Agreements. Three letters were
from company officials indicating that they agreed with the Agreements and a
similar letter is expected to be presented at today’s public hearing by
the fourth affected company. The main points made by most of the written
comments were that the emission reduction measures volunteered by the
companies do not go far enough to reduce toxic air emissions, the four
documents should be changed to Board Orders rather than being voluntary
agreements, most of the components in the Agreements do not identify
specific amounts of toxic air emission reductions, the components of most of
the Agreements do not have deadlines for implementation, the Agreements do
not contain penalties for failure to complete the components, and the Board
must adopt a comprehensive regulatory program to ensure that all toxics air
emissions are reduced to acceptable levels from individual chemicals and
from the accumulation of all chemicals and from all sources.
Mr. Trout added that the Sierra Club and the
West Jefferson County Community Task Force submitted detailed comments.
These comments included suggestions that the “whereas” clauses in each
of the Agreements be expanded to be more specific and more fully explain the
context of the Agreement. Additional comments were that the American
Synthetic Rubber Agreement lacks specific and measurable commitments to
reducing 1,3-butadiene; a comprehensive study, such as the study described
in the document Flare Minimization and Reduction Study, should
be required; the Rohm and Haas Agreement should prohibit the company from
returning to the annual pressure test method of complying with the NESHAP
leak detection requirement; the clause relating to the effects on permits
should be removed; the paragraph on the legal effect of the Agreement
regarding the prohibitions on third party use of the Agreement should be
deleted altogether; the Agreements should specifically state that projects
be restarted if there is a delay and an alternate project should be required
if a project cannot be implemented; and both a registered professional
engineer as well as a responsible official, as defined in the District
regulation, should be required to certify quarterly reports. Additional
comments were received from Eboni Neal Cochran who indicated that many
components of the four Agreements do not require reductions of
1,3-butadiene, the components do not provide details on the amounts of
reductions that would result nor are there enforceable deadlines for
completing the projects, potential emissions from the tank cars that are
parked close to Algonquin Parkway are not addressed, the flare efficiency
study at American Synthetic Rubber should have taken place last year, the
projects that would allow for product switching are not guaranteed because
they are premised on having a buyer for the alternate products, and reports
to the District on the status of the projects should be made at least
monthly if not weekly.
Mr. Trout said that the three companies that made written comments
expressed their interest in improving the quality of life in West Louisville
and their commitment to implementing voluntary emission reduction measures
in their respective Agreements. The fourth company is expected to submit a
similar letter this morning.
Mr. Trout explained the purpose of each of
the paragraphs of the Agreements. He said that the District suggests that
Paragraph 5 be modified to include the sentence “The District expressly
reserves its right to seek enforcement of this Agreement or to seek further
action...” so that it is clear that the Agreement is enforceable. Mr.
Trout summarized the projects in the American Synthetic Rubber Agreement.
Dennis Conniff, representing American Synthetic Rubber, agreed that the
language of the Agreement does not restrict the Board or the District from
taking any enforcement action that it has the authority to do by law.
Additionally, the only provisions of the Agreement for which company
agreement would be needed to incorporate as a permit condition are
requirements that exist only as a result of the Agreement.
Mr. Trout said that Rohm and Haas has agreed to accept a requirement to
perform the periodic leak detection and repair program instead of the
optional annual system pressure test to comply with the federal Maximum
Achievable Control Technology (MACT) regulation.
Brad Dillon, representing Rohm and Haas, said that the company has agreed
to do the more stringent leak detection and repair program. If the company
were to revert to the annual system pressure test option, the Board could
take an enforcement action to require compliance with the Agreement.
Comments from the public
Tim Duncan, Rubbertown Emergency Action (REACT), said that the fact that
form letters were signed and submitted does not detract from the seriousness
of this issue in the areas most affected by the Rubbertown chemical plants.
Approximately 90% of the submitted comments were from people living in the
West End, many of whom live within sight of the chemical plants. These
residents do not consider this issue just a matter of air quality but a
matter of their children, the health of their community, and their own
lives. Mr. Duncan said that it was not clear whether these Agreements are
Board Orders, whether they are enforceable, or whether they are entirely
voluntary. He said that strong regulations are necessary to require the
companies to eliminate or require substantial emission reductions from the
Rubbertown chemical plants or face heavy penalties.
David Coyte, citizen, said the Board should adopt regulations that
require the needed reductions. This way, the representatives of the chemical
companies would not be responsible for convincing the corporate managers
that money needs to be spent on reducing air toxic emissions. Voluntary
actions will not adequately address the problem and could lead to ongoing
litigation. The plans in these voluntary Agreements need to be incorporated
into a comprehensive plan.
Terri Humphrey, Riverside Gardens - REACT, said she lives in Riverside
Gardens, on the fenceline of one of the Rubbertown companies. She feels that
the Agreements are not worth the paper they are written on. The chemical
companies should not be given the power and the authority to set their own
standards on toxic air pollution. These voluntary Agreements must be
approved as Board Orders that are legally binding. She said that an ambient
air standard is needed because even with the proposed voluntary
reductions the emissions would still be unsafe. The residents need the Board’s
help to adopt Board Orders and then approve strict, legally-binding
regulations that would force all chemical companies to significantly reduce
their air pollution from all chemicals or face strong penalties if they don’t.
She said that the Board has the power and the authority, and she expects and
demands that they use it and enforce it.
Nancy Demartia, citizen, said she would like
to call the Board’s attention to the various air pollution articles
pertaining to air quality in Jefferson County and what it is doing to our
children. Louisville, Jefferson County, tops the polluted areas in Kentucky.
Louisville is 24th out of a list of
the worst 60 areas in the nation. The voluntary Agreements are 10 to 20
years behind time. It is time for an Agreement with teeth. Ms. Demartia
asked that the Agreements not be adopted but be rewritten to include all of
the suggestions that have been submitted by the various groups. In the past
the District has had difficulty in closely monitoring the Rubbertown
companies. There isn’t any difference between a voluntary Agreement and
federal laws that have not been enforced. Professor Aldridge, of the
University of Louisville, did a study that showed the health risks in
Rubbertown. Voluntary means it does not have to be enforced. She asked what
penalties would be imposed on the companies if the companies do not comply
with the Agreements. She said that the Agreements do not specify that the
requirements are continuous and that there are sections that need to be
added.
Joan Lindop, Co-Chair of the Greater Louisville Sierra Club, indicated
that this organization submitted nine comments and specific drafting changes
to the proposed Board Agreements. Each Agreement includes an introductory
section that completely fails to explain why these Agreements have happened.
The Sierra Club has offered specific language that explains that these
Agreements are the result of not only an air toxics monitoring program but a
human health risk assessment that shows excessive cancer risks
from air toxics and the adoption of an air toxics risk management plan that
is intended to reduce excessive cancer risks in our community. This
background is essential and necessary to include in the “Whereas”
section in each Agreement so that the public and others can understand what
led us to where we are now. Rubbertown industry participated in and agreed
to both the methodology of the risk assessment and the risk management plan
itself, so there can be no serious dispute over the additional introductory
language that is being proposed.
Ms. Lindop said that the projects proposed by ASRC will not ensure
specific and measurable reductions in the emission of 1,3-butadiene by the
largest stationary source emitter of that chemical in the metro area. The
Sierra Club specifically requests that the Agreement be modified to require
a flare reduction and minimization study. This study would require ASRC to
look at ways to reduce or eliminate its routine venting of process emissions
to its flare, to reduce its use of the flare for upsets or maintenance, as
well as improving the efficiency of the flare. The results of the West
Louisville Air Toxics Risk Assessment indicate the only way to achieve
meaningful reductions in air toxics in our community is through the adoption
of a local air toxics regulation that clearly provides each plant a specific
target for further reductions of air toxics. The voluntary Agreements before
the Board today, even if modified with additional protections proposed, fall
far short of the actions needed to ensure a healthy and vital community for
all residents.
Arnita Gadson, West Jefferson County Community Task Force, noted that the
West Jefferson County Community Task Force was mentioned in each Agreement.
She said that at this particular time, the West Jefferson County Community
Task Force does not agree with these Agreements. The Board needs to focus on
adopting toxics regulations.
Dennis Conniff, representing American Synthetic Rubber, submitted a
letter in support of the proposed Agreement. Mr. Conniff said that these
Agreements are only one step in a much larger process. These commitments
were made last May prior to the study that was conducted of the American
Synthetic Rubber shutdown. The final report of the study was received by the
company yesterday. Mr. Conniff said that the company will be addressing that
study as an additional step in this process. He asked that the Board move
forward with these Agreements so the process can be continued with the
recognition that this is only the beginning, not the end.
Gracie Lewis, REACT, said that she was concerned about the enforcement of
this Agreement. She is more asthmatic and her health is deteriorating since
moving into the Park DuValle Village area. The soil and water should be
tested in their area. Ms. Lewis would like to see all the regulations taken
seriously and enforced.
Alice Wade, REACT, said the quality of life should be improved. Emissions
from the chemical companies have stripped the paint from the cars in the
neighborhood. She asked that the Board do the right thing and enforce
requirements that will cause the companies to do the right thing.
Lu Withers, REACT and a resident of Rubbertown, said that the companies
should not be offered Agreements, that may or may not be enforceable, to
voluntarily reduce their emissions. There should be laws to protect the
health of the residents in Rubbertown.
The Reverend Fred Withers, REACT, said that it is good that the companies
have been agreeing to do the right thing but they have been doing the wrong
thing for so long that the residents cannot believe them at this point of
their lives. This Board has the power to set standards or set rules
governing the different factories that exist in this city. The Reverend
Withers asked the Board members to vote on an ambient air standard that will
stop the pollution right now. There should be penalties for not meeting
these ambient air standards. He said that there are sixteen states that have
ambient air standards; the Louisiana ambient air standard is suggested as a
model to govern the safe levels of 1,3-butadiene. He asked that the Board
help the residents with their quality of life.
Eboni Neal Cochran, REACT, reiterated her
written comments. Additionally, she said that the GC technology that was
installed by American Synthetic Rubber in August was done to obtain a more
accurate measurement, but there is no guarantee of reductions because this
is just reporting. She said that officials from Zeon Chemicals had mentioned
during January’s West Jefferson County Community Task Force meeting that
they were going to move their production line to a place that has the proper
controls. The proper controls should be required by the District to be
applied to their remaining production lines. Ms. Cochran suggested posting
the Agreements on the District’s website, amending the Agreements, and
giving the public another couple of weeks to comment.
The Reverend Louis Coleman, Justice Resource
Center, said that he received a call concerning the article in today’s
paper. He said it is something to behold for the Rubbertown companies to
attend today’s meeting. They have been told on three different occasions
to reduce their emissions. According to the paper, these companies have
increased their toxic emissions. He asked what the purpose of the voluntary
plans was if the Board is not going to address the immediate problem at
hand. He said that these Agreements should be redone and the Board should
not allow the companies to dictate to the Board what the companies will do.
The Reverend Coleman said that the companies that are doing the most
polluting in Rubbertown lead the nation in toxic air emissions. These
companies should comply with mandatory levels, such as exist in other states
such as Louisiana, Georgia, and Alabama. This would place the community and
the District’s policy body on the same page. The Board should revisit
these plans and make reductions mandatory.
Carl Sitgraves, Justice Resource Center and REACT, said that he resides
in the West End and worked at a chemical company for 30 years. He said that
the proposed Agreements are not worth the paper they are written on. The
unavoidable delays section is an excuse for the companies to delay
completing the projects. He said that the companies choose a product that
will make the most money for them despite the chemicals they emit. He also
said that the pollution occurs mostly at night. He suggested that the
problem with the Agreements is that the companies have a long range plan to
avoid spending a lot of money in the area of compliance. He said that these
companies know that they should have made these reductions a long time ago.
He stated that the companies respond to OSHA when there is a spill, and
asked why the companies haven’t responded to this problem.
Roosevelt Roberts, REACT, said that when it
comes to toxic air pollution, he is an extremist. He said that the only safe
level as far as the environment is concerned is zero; anytime a person
breathes toxic chemicals, there will be some damage to the person’s body.
There are 18 chemicals of concern that have been identified. There are
several other chemicals that are emitted daily along with these 18, adding
to the cumulative effect on a person. The Agreements are no good unless they
are made legally binding and include an ambient air standard. The
pollution credits give the companies the right to pollute more.
Natalie Rateneller, citizen, was inspired and hopeful as a 4th grader of
the kind of community building and visionary work that this community was
capable of. She has had the wonderful opportunity through her Environmental
Policy Class to read some great articles on this very issue that is going on
in Louisville. She said that she feels honored and encouraged by the great
work REACT and other community organizations have accomplished by coming
together and talking about this issue. She noted that these companies give
to our community, our politicians, our schools, and our churches. While
there are political and economic development issues involved, there is also
the issue of holding these companies accountable. She said that hopefully
the Board is thinking about the reality of what role these companies play in
our community but also recognize the other realities of the effects these
chemical companies have on our air, water, and ground. It is the
responsibility of the Board to make those progressive, different,
imaginative, and creative policy changes that will change the environment
for the betterment of the entire community of Louisville.
Jim Crowley, part of the management of American Synthetic Rubber, said
that the proposed reductions are part of an ongoing process that started
years and years ago. He said that American Synthetic Rubber has demonstrated
over the years that the company can be environmentally responsible. They
have looked at their technology over a period of time and have invested a
considerable amount of money to improve their environmental performance.
Fourteen years ago the company instituted a leak detection and repair
program.. They have worked over a period of years on their flare stack. This
commitment is long term. The voluntary commitments are just a part of their
efforts. He said that the company wants to go further with its environmental
responsibility for the community
report was submitted for
filing. A copy is attached to the original minutes.