Minutes
Regular Meeting
of the
Louisville Metro Air Pollution Control Board

April 21, 2004

The regular meeting of the Louisville Metro Air Pollution Control Board was called to order April 21, 2004, at 9:04 a.m. in the Board Room of the Louisville Metro Air Pollution Control District, 850 Barret Avenue, Louisville, Kentucky, by Vice-Chairman Lee Howard. Lewis Hammond, Barbara Sexton Smith, 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, Diane Hazellief, Martha Gammons, Phyllis Fitzgerald, Gary Flispart, Steve Taylor, Mark Spaulding, Doug Spillman, Sara Patterson, Erik Mohn, Tom Spalding, and Irene Stephenson.

The following guests were present: Paige Mosser Theriac, Kentuckiana Engineering Company, Inc; Rich Robinson, Cathene Karis, John Tully, Jim Crowley, and Ron Musgnug, American Synthetic Rubber Company; Brad Dillon, Greenebaum Doll & McDonald; Regina Henry and Edmo Gutierrez, Cemex/Kosmos Cement; Bob Henderson, 14th District Metro Councilman; Don Neman, Rohm and Haas; David Newman, Kentucky Motorcycle Association; Dennis Conniff, Frost, Brown, Todd L.L.C./American Synthetic Rubber Company; Ray Pierce, Flowervale Leemont Pierce Neighborhood Association; Eboni Cochran, Terri Humphrey, Kenneth Madison, Tim Duncan, and Ruben Pulliam, Rubbertown Emergency Action (REACT); Tom Herman, Zeon Chemicals; Janice Gritton, citizen; Jonathan D. Miller, DuPont Dow Elastomers LLC; Kris Moore, LPTS; Tim Corrigan, Greater Louisville Inc.; Pat Moran, Stites & Harbison; Sean M. Maconaghy, Oxy Vinyls, LP; Sharon Dodson and Sarah Scheetz, Louisville Gas and Electric Company; Matt Kamel and Clarence Nuhouse, GMPR; and Barbara Hall, Ford Kentucky Truck Plant.

Introduction of New Staff Members

Mr. Williams introduced two new employees to the District, Erik Mohn, Engineering Specialist, a recent graduate of the University of Louisville, and Tom Spalding, Engineering Coordinator, most recently from the Metropolitan Sewer District. Mr. Williams also recognized 14th District Metro Council member Bob Henderson.

Approval of Minutes

Mr. Trout read the text of the change to the minutes of the February 18th Board meeting. The minutes of the Public Hearing and Regular Meeting of March 17, 2004, and the Public Hearing and Special Meeting of March 31, 2004, were approved as distributed.

Public Comment

Eboni Neal Cochran, REACT, said that the Board members should have taken comments from everyone who attended the March 24th Strategy Committee meeting. She said that Medicaid patients will not benefit from the savings found in the state’s Medicaid funds until the air toxics problems are resolved. She also said that it was unacceptable that the District had not identified that the levels of 1,3-butadiene have increased by 35% per year for the last four years.

Ms. Embry responded that the members of the Strategy Committee had given careful consideration to all of the comments made during the written comment period and the public hearing, and the purpose of the committee meeting was for the Strategy Committee members to develop acceptable changes to the language of the agreements in light of those comments.

Dennis Conniff, representing American Synthetic Rubber Company, said that company officials and he had met with the District staff last Thursday and affirmed their commitment to effect additional 1,3-butadiene emission reductions. However, the report submitted to the District concluded that significant emission reductions could not be achieved because the flare is being operated at maximum efficiency. A second study will address the non-flare related processes at the plant to determine if emission reductions could be achieved for those processes. It is expected that the report will be completed in early May.

Ray Pierce, President, Flowervale Leemont Pierce Neighborhood Association, said that the manufacturer’s warranty for the oxygen sensor for his vehicle was reduced from 5 years or 50,000 miles to 3 years or 36,000 miles. He said that if the District could get the Cinergy Gallagher Plant to shut down in the summer, most of Louisville’s air pollution problems would be resolved.

Tim Duncan, REACT, said that it has been almost a year since it was learned that high levels of several air toxics had been monitored in the Rubbertown area and a comprehensive toxics program has still not been developed. While it is important to carefully draft a plan to deal with this situation, it is also important to reduce the chemicals that the Rubbertown residents have to breathe. The situation is getting worse with the 35% increase of 1,3-butadiene levels per year. He said that the District should get the plan out so that Louisville can begin to build a reputation of having the cleanest air in the United States instead of the dirtiest air.

Unfinished Business

  1. Change in the Kentucky State Implementation Plan to offset emission increases from closing the Jefferson County Vehicle Emission Testing Program

    1. Agreement with Kosmos Cement Company

      Mr. Trout indicated that the District had proposed three sources of emission reductions to offset the increases from closing the Vehicle Emissions Testing (VET) Program. The most detailed comments were received from the U.S. Environmental Protection Agency (EPA). Because of those comments, the District decided that it would be more productive to obtain all of the required reductions from Kosmos Cement rather than pursue EPA approval of the reductions from the Louisville Gas and Electric Company and Regulation 6.18, even though the District believes that these reductions, as identified by the District, are still valid.

      Mr. Trout briefly discussed the comments made during the Public Review process that related to Kosmos Cement and the District’s responses. He said that the details are contained in the comment and response document that was made available this morning.

      Mr. Williams recommended that the Board defer taking action at today’s meeting on the amended Board Order with Kosmos Cement Company. Due to the importance of this issue, the District believes that it is appropriate to give the Board members ample time to review the comment and response document and then answer any questions that the Board members may have. The District will request a special meeting in the near future for Board action.

      Ms. Embry asked whether the substitution of NOx reductions to offset volatile organic compound (VOC) emission increases would provide a benefit to the immediate Louisville community or be of more benefit down wind from Louisville. Mr. Trout responded that the impact of NOx increases and decreases was a complicated issue. However, when looking at the community as a whole, the overall effect from an increase in NOx and VOC emissions from closing the VET Program and the reduction in NOx emissions by Kosmos Cement would be neutral, that is, the air quality would remain the same.

  2. Agreements for voluntary reductions of 1,3-butadiene and chloroprene

    Mr. Williams said that the District has had continuing discussions with all four companies, Rohm and Haas, Zeon Chemicals, American Synthetic Rubber, and DuPont Dow Elastomers. An agreement has been reached with Rohm and Haas to incorporate the leak detection and repair program as a requirement in the company’s Title V permit. Mr. Williams said that there are still issues to resolve with the other three companies, but that it is hoped that final enforceable Board agreements will be ready for the next Board meeting. If final agreements are not reached by that time, Mr. Williams said that it may be more prudent to shift resources to completing the proposed comprehensive toxics regulatory program.

    Mr. Williams said that the District staff will prepare a detailed review of the flare study that the American Synthetic Rubber Company submitted to the District yesterday. The company has suggested that there are no meaningful, additional 1,3-butadiene emission reductions that can be made at the flare itself. The company has said that any significant 1,3-butadiene emission reductions would need to be made upstream from the flare. The second study, which the company expects to submit to the District within the next two weeks or so, will review all of the processes at the plant, starting with the tank rail car unloading process and ending with the final packaging processes.

    Mr. Williams added that the District will complete its internal review of the University of Louisville monitoring study that focused on the effect on monitored concentrations of 1,3-butadiene when the processes at American Synthetic Rubber were shut down last summer and present the District’s findings at the May Board meeting.

New Business

  1. KAIRE highlights and previews

    Mr. Williams said that the District continues to increase its public outreach and education activities in the community. Ms. Lee made a presentation highlighting some of the Kentuckiana Air Education (KAIRE) activities that have taken place in the recent past or are scheduled for the near future. These activities include:

    Much of the information on KAIRE activities can be found on the District’s web site at www.apcd.org.

    A video promoting the Lawn Care Program that ran on WHAS several weeks ago was shown. The tag line ...it all adds up to cleaner air... is part of a national ozone public education program. To get ready for the ozone season, an ozone action button was designed and produced. KAIRE will encourage people to wear these buttons on ozone action days.

    Mr. Williams emphasized that the District realizes that the KAIRE public education programs are not the complete solution to the area’s ozone problem, but only one of the many pieces that will be necessary to attain the 8-hour ozone standard.

    Ms. Smith said that she was very impressed with Ms. Lee’s presentation and the KAIRE activities. She said that it is very important to provide this information to the community so that more citizens know what actions they can take to help solve the ozone problem. Ms. Smith said that it is important to keep the public messages simple and suggested the name “Champions for Clean Air.” She said that the citizen voluntary ozone-reducing action form that was signed last year by many of the employees at several companies may be a useful tool to increase citizen participation and suggested that the District consider promoting its use this year.

    Ms. Embry reiterated the importance of public education to increase the public’s understanding of air quality issues; broader public support for clean air initiatives would occur with increased public awareness and understanding of these issues. She also emphasized that a clearly stated relationship between clean air and good health should be a part of KAIRE’s public messages.

Committee Reports

  1. Strategy Committee

    Mr. Trout reported that the Strategy Committee met on March 24, 2004, reviewed the public comments that were submitted on the proposed agreements to reduce 1,3-butadiene and chloroprene emissions and developed revised language for the agreements, particularly for the “Whereas” clauses. The Strategy Committee requested that the District revise all of the agreements to include this revised language and work with the companies to finalize agreements for Board action. Ms. Embry expressed disappointment that the agreements were not back for discussion and approval today. She said that she would like the Board to express a directive to the District staff to finalize approvable agreements with these four companies.

    Ms. Embry asked Mr. Williams to outline the schedule for adoption of a comprehensive toxics program. Mr. Williams responded that the District hopes to have Board action on a regulatory program by this fall. Within the next 60 days, the District hopes to have draft regulations and start the usual informal external review process that includes citizens, environmental groups, and businesses. After reviewing any informal comments and making appropriate changes, the formal rule-making will begin with review by the Strategy Committee, followed by the formal public comment period and public hearing. Final Board action on the comprehensive toxics regulatory program would be in the October or November time frame.

    Ms. Embry emphasized that the purpose of the agreements with the four Rubbertown companies was to effect immediate reductions in the chemicals of the greatest concern, with the understanding that it would take a while to develop a comprehensive toxics program. Mr. Williams said that he shared the Board members’ frustration that agreement with these companies has not yet been reached. He said that it is fair to note that even though agreements have not yet been approved, actions have already been taken to reduce the emissions of 1,3-butadiene and chloroprene. For example, Rohm and Haas began the enhanced leak detection and repair program in the first or second quarter of 2003, significantly reducing their reported emissions of 1,3-butadiene. Several of Zeon Chemical’s projects have been completed or will be shortly, significantly reducing the emissions of 1,3-butadiene, acrylonitrile, and styrene. At least three of the projects identified by DuPont Dow Elastomers have now been completed. The District will be working with DuPont Dow Elastomers to quantify the emission reductions achieved by these projects.

    Ms. Smith stated that she too was disappointed that the District has yet to finalize revised agreements for Board action. She said that the Strategy Committee spent three hours developing language to address issues raised in the public review process. She said that the Board members need to be assured that final agreements will be ready for the next Board meeting. Mr. Williams responded that it is the District’s goal to have those agreements at the next Board meeting. He said that the companies have indicated to the Board their commitment to complete the emission-reduction projects whether or not agreements are signed. Mr. Williams indicated that representatives of the companies have understood that these reductions are not viewed as an end point but the beginning of a process to identify opportunities to reduce emissions. Mr. Williams reiterated that the District should not invest more resources if agreements are not reached by the next Board meeting and should instead consider shifting resources to developing a regulatory air toxics program.

  2. Air Quality Task Force

    Mr. Trout said that the Air Quality Task Force met March 26, 2004. Janet McCabe, Director of the Indiana Air Quality Division, discussed Indiana’s nonattainment designations of Clark and Floyd Counties for the 8-hour ozone standard and Clark County for the fine particulate standard. John Lyons, Director of Kentucky Division for Air Quality, discussed Kentucky’s nonattainment designations of Jefferson and Fayette Counties for the fine particulate standard. Mr. Trout made a presentation on the new ozone and fine particulate standards and the State Implementation Plan (SIP) process.

    Mr. Williams gave a preview of the next Task Force meeting, which will be held this coming Friday from 2:00 p.m. - 4:00 p.m. Dr. Michael Chang, a professor at the Georgia Institute of Technology in Atlanta, a noted expert on air quality issues, in particular ozone, will be making a presentation. The Board members are invited to the Task Force meetings.

Staff Reports

  1. Director

    Mr. Williams reported the passing this past Saturday of Roosevelt Roberts, an articulate and passionate advocate for human rights, civil rights, and environmental justice. Mr. Roberts had appeared before this Board many times, including the last Board meeting. His passing leaves an enormous void in the community.

    Mr. Williams noted that the 2003-2004 General Assembly session has now concluded. Senate Joint Resolution 3 directed the State Environmental and Protection Cabinet to bring about an end to the Northern Kentucky vehicle emission testing program.

    Mr. Williams discussed the 8-hour designations and classifications and the Phase I implementation rule signed by the EPA Administrator on April 15. The EPA designated 474 counties in 34 states as nonattainment for the 8-hour ozone standard. The Louisville 8-hour ozone nonattainment area includes Jefferson, Bullitt, and Oldham Counties in Kentucky and Clark and Floyd Counties in Indiana. Because the Louisville area’s 1-hour ozone design value of 118 parts per billion (ppb) was less than 121 ppb, the EPA classified the Louisville 8-hour ozone nonattainment area as Basic pursuant to Subpart 1 of Part D of Title I of the Clean Air Act. If the Louisville area’s 1 hour ozone design value had been 121 ppb or greater, the EPA would have classified the Louisville 8-hour ozone nonattainment area based upon the area’s 8-hour ozone design value (92 ppb), which would have resulted in a classification of Moderate pursuant to Subpart 2 of Part D of Title I of the Clean Air Act. A Moderate classification would have required several mandatory control programs, including a vehicle inspection and maintenance (VET) program.

    The attainment date for Basic 8-hour ozone nonattainment areas is June 2009. The effective date for the designation/classification will be June 15, 2004. An attainment demonstration will be required to be submitted by June 15, 2007. This is fairly a fast time frame for communities to identify strategies to implement to achieve attainment of the 8-hour ozone standard. The Air Quality Task Force has started the process of reviewing the strategies that will be required by the EPA to be implemented at the national level and develop a recommended list of strategies to be implemented at the local level. Mr. Williams indicated that compliance with the NOx SIP Call requirements will start this summer and mobile source emissions will decrease due to the federal restrictions on sulfur in gasoline and diesel fuel and tighter emission limits for new vehicles.

    Mr. Williams explained that a classification of Basic will not result in the imposition of significant new mandatory requirements or control measures. The EPA will promulgate the Phase II 8-hour ozone implementation rule later this summer or fall. This Phase II rule will address the requirements for reasonable further progress, reasonable available control technology, and attainment demonstrations. The EPA intends to revoke the 1-hour standard one year after the effective date of the 8-hour standard. Mr. Williams said that it appears that the EPA has removed the obligation to submit a second 10-year maintenance plan for the 1-hour ozone standard.

    Mr. Williams said that the District has been asked by a Board member and the public to develop a briefing paper and make a presentation on the various credit programs. He acknowledged that this has been a confusing issue. The District will make a presentation at a future Board meeting on SIP credits and how EPA has approached the issue of quantifying emission reductions from ozone in particular and how the EPA quantifies emission reduction programs.

    Mr. Williams said that the March monitored PM2.5 concentrations were the lowest March values in the five years that the District has monitored PM2.5.

    Mr. Williams said that the Louisville Gas & Electric Company is nearing completion of the project to convert all of the stacks at the Mill Creek Generating Plant to a wet-stack design. The work on units 1, 2, and 4 are completed and the work on unit 3 is nearly completed. This project was required by a Board Order to address particulate deposition problems.

  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 4/12/2004 (PDF) report was submitted for filing. A copy is attached to the original minutes.

  5. Startup, Shutdown, Malfunction, and Emergency Report

    The Malfunctions, Emergencies, Startups and Shutdowns received 03/16/2004 through 04/14/2004 (PDF) report was submitted for filing. A copy is attached to the original minutes.

Adjournment

The meeting adjourned at 10:45 a.m.

 

_______/signed/_______
Karen Cassidy
Chair

_______/signed/_______
Jonathan L. Trout
Secretary-Treasurer


 

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