A public hearing of the Louisville Metro Air Pollution Control Board (Board) was called to order March 17, 2004, at 9:08 a.m. in the Board Room of the Louisville Metro Air Pollution Control District, 850 Barret Avenue, Louisville, Kentucky, by the Chair, Karen Cassidy
The chairman read the opening announcement, rules, and purpose of the hearing of the Louisville Metro Air Pollution Control Board, which was to review three proposed regulations.
Mr. Trout explained that Regulation 1.15 is the global reference in the District’s regulations to the Code of Federal Regulation (CFR) Title 40. If, when referencing a 40 CFR regulation in a District regulation, a date is not specified, then the date identified in Regulation 1.15 would establish the version of the 40 CFR regulation that is referenced in the District regulation. The federal government updates the published 40 CFR book once a year, current as of July 1st of each year. The proposed amendment identifies the published book, current as of July 1, 2003, instead of July 1, 2002.
Mr. Trout said that during the public written comment period, the only comment received was from the Kentucky Division for Air Quality (DAQ) granting prior concurrence to the proposed regulation because the proposed amendment is no less stringent than the corresponding Kentucky administrative regulation.
Mr. Trout said that the District intends to recommend that the Board adopt proposed amended Regulation 1.15 Version of Federal Regulations Incorporated by Reference, Version #11, Draft #1 - Proposed, December 31, 2003, at today’s Board meeting, pending evaluation of any comments made at today’s Public Hearing.
No public statement was made.
Mr. Trout explained that Regulation 5.02 is the District’s adoption of the federal standards that apply to hazardous air pollutants, the 40 CFR Part 61 National Emission Standards for Hazardous Air Pollutants (NESHAPs) regulations and the 40 CFR Part 63 Maximum Available Control Technology (MACT) standards. This regulation would be impacted by the update of Regulation 1.15, thus any change that occurred before July 1, 2003, would be included in the published July 1, 2003, version of 40 CFR Part 60 and adopted and incorporated by reference in amended Regulation 5.02. Any Federal Register notice regarding a 40 CFR Part 61 or 63 regulation that occurred after July 1, 2003, is cited in Regulation 5.02, so that this regulation is current. The District generally updates this regulation twice a year. After the comment period started, the U.S. Environmental Protection Agency (EPA) added two federal MACT standards. The District intends to recommend that the Board include these two new MACT standards along with the other proposed changes to this regulation. A revised version will be presented after the public hearing.
Mr. Trout said that during the public comment period, the only comment received was from the DAQ, granting prior concurrence to the proposed regulation because the proposed amendments are no less stringent than the corresponding Kentucky administrative regulation.
Mr. Trout said that the District intends to recommend that the Board adopt proposed amended Regulation 5.02 Adoption of Federal Emission Standards for Hazardous Air Pollutants, Version #14, Draft #1 - Proposed, January 6, 2004, with the two additional MACT standards, at today’s Board meeting, pending evaluation of any comments made at today’s Public Hearing.
No public statement was made.
Mr. Trout explained that Regulation 7.02 is the District’s adoption of the federal New Source Performance Standards (40 CFR Part 60). This regulation would be impacted by the update of Regulation 1.15, thus any change that occurred before July 1, 2003, would be included in the published July 1, 2003, version of 40 CFR Part 60 and adopted and incorporated by reference in amended Regulation 7.02. Any Federal Register notice regarding a 40 CFR Part 60 regulation that occurred after July 1, 2003, is cited in Regulation 7.02, so that this regulation is current.
Mr. Trout said that during the public comment period, the only comment received was from the DAQ, granting prior concurrence to the proposed regulation because the proposed amendments are no less stringent than the corresponding Kentucky administrative regulation.
Mr. Trout said that the District intends to recommend that the Board adopt proposed amended Regulation 7.02 Adoption of Federal New Source Performance Standards, Version #11, Draft #2 - Proposed, January 12, 2004, at today’s Board meeting, pending evaluation of any comments made at today’s Public Hearing.
No public statement was made.
The public hearing adjourned at 9:17 a.m.
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Karen Cassidy
Chair
_______/signed/_______
Jonathan L. Trout
Secretary-Treasurer