Minutes
Regular Meeting
of the
Louisville Metro Air Pollution Control Board
May 19, 2004
The regular meeting of the Louisville Metro Air Pollution Control Board was
called to order May 19, 2004, at 9:00 a.m. in the Board Room of the Louisville
Metro Air Pollution Control District, 850 Barret Avenue, Louisville, Kentucky,
by the Chair, Karen Cassidy, Lewis Hammond, Sandra Withers, 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, Eva
Addison, Stephen Taylor, Terri Phelps, Cynthia Lee, Art Chang, Tom Pinto, Marty
Layman, Cynthia Lee, Phyllis Fitzgerald, Martha Gammons, Sara Patterson, Erik
Mohn, Amy Osborn, Scott Wegenast, Gary Flispart, and Donna Anthony.
The following guests were present: Brad Dillon, Greenebaum Doll &
McDonald; Jonathan D. Miller, DuPont Dow Elastomers L.L.C.; Paula K. Kendall and
Frank Schwartz, Citizens; Richard Robinson, Ron Musgnug, Jim Crowley, and Clair
Nichols, American Synthetic Rubber; Tim Duncan, The Rev. Fred Withers, Lu
Withers, Jonathan Tinsley, Winnie Helper, Kenneth Madison, and David Smith,
REACT; Dennis Conniff, Frost Brown Todd; Mike Debusschere and Paige Mosser
Theriac, Kentuckiana Engineering Co., Inc.; Denny Larson, Global Community
Monitor; Sara Scheetz, LG&E; Don Haynes, ERM; Pat Moran, Stites &
Harbison; Tim Corrigan, GLI; Joan Lindop, Sierra Club; Ray Pierce, Flowervale
Leemont Pierce Neighborhood Association; Tom Herman, Zeon Chemicals, and Barbara
Hall, Ford Kentucky Truck Plant.
Introduction of New Employees
Mr. Williams introduced two new District employees, Amy Osborn, Engineering
Specialist, and Scott Wegenast, Community Outreach Supervisor.
Public Recognition
Ms. Fitzgerald presented a Lawn Care for Cleaner Air Award to Frank
Schwartz of the Phoenix Hill Cooperative Housing.
Approval of Minutes
The minutes of the Regular Meeting of April 21,
2004, and
the Special Meeting of May 3, 2004, were approved as
distributed.
Public Comments
Ms. Paula Kendall, citizen, who lives next to the Williams Food Services,
said that the trucks associated with this company park on the side of her home
with their engines running constantly from 3:00 a.m., making it difficult to
breathe. Ms. Kendall requested that the District investigate this problem.
Mr. Tim Duncan, REACT, said that the agreement with American Synthetic Rubber
to reduce 1,3-butadiene by up to 50% is an important first step. He said,
however, that he is troubled that there aren’t any details to this plan to
review. He emphasized that these agreements are only the first step of the
needed comprehensive toxic air pollution plan.
Mr. Ron Musgnug, American Synthetic Rubber Company (ASRC), said that the
company made a commitment to Mayor Abramson and District to conduct a
comprehensive study of its processes and emissions controls. Based on this
study, ASRC has identified and will implement additional projects that will
result in an estimated 50% reduction of 1,3-butadiene emissions by 2006, as
compared to reported emissions for 2003. He said that these projects will
involve making modifications to the production processes, reducing an estimated
9,000 pounds annually, and installing a new control device in 2005, reducing an
estimated 51,000 pounds annually. The report of this study was submitted to the
District on May 18, 2004. Mr. Musgnug said that ASRC has proposed, for Board
approval, a revised enforceable agreement that incorporates these additional
projects.
Mr. Denny Larson, Global Community Monitor, said that he has been working
with the citizens of Rubbertown on “Bucket Brigade” projects so they can
take their own air samples. He emphasized four points: 1. fugitive emissions can
be a significant percentage of the total emissions from a chemical plant; 2. a
company with a flare should be required to monitor what is going to and what is
coming out of the flare; 3. reporting of an upset and determining the root cause
of the upset is important to prevent future upsets; and 4. strict enforcement of
the requirements is very important.
The Rev. Louis Coleman, Justice Research Center, said that he still has
concerns regarding the agreements with the Rubbertown companies. He said that
the Justice Resource Center has encouraged the public throughout the community
not to purchase products manufactured by the Rubbertown companies until the
1,3-butadiene emission reductions have been made. He said that representatives
of the National Black Environmental Justice network will visit on June 8th
to review and support the local efforts to get emission reductions.
Unfinished Business
Update on University of Louisville study
Mr. Williams said that the District has reviewed the University of
Louisville report regarding the American Synthetic Rubber Study and
discussed the conclusions with the authors of the study. Mr. Williams said
that there are several possible reasons for the increases of 1,3-butadiene,
the two most likely being that there are unknown sources of 1,3-butadiene or
that increases in emissions from the known facilities were the result of
malfunctions or leaks.
Mr. Williams indicated that the District will received a $267,000 grant
from the U.S. Environmental Protection Agency (EPA) to do additional
monitoring of toxic air pollutants. Some of this monitoring would focus on
American Synthetic Rubber Company, the largest stationary sources of
1,3-butadiene emissions. He said that the grant would also fund an
examination of the meteorological conditions on the days during which
monitoring took place in the original study to determine if there are any
correlations between monitored concentrations and meteorological conditions.
Enforceable Board Agreements for 1,3-butadiene and chloroprene
emission reductions
Mr. Williams said that the three agreements to be presented to the Board
for action will require specific, quantifiable, and enforceable reductions
of 1,3-butadiene and chloroprene. He highlighted that the amended American
Synthetic Rubber Company agreement will include significant emission
reductions that have not been in previous versions of the agreement. He
emphasized that these agreements are not the end of the process; they are
the beginning step along the path that will include a comprehensive toxics
regulatory program that is expected to be ready for final Board action by
November of this year.
1. Zeon Chemicals L.P.
Mr. Trout said that the emission reduction projects in the enforceable
agreement with Zeon Chemicals have not changed from the previous versions
reviewed by the Board. He noted that there was a change to the language
under paragraph seven that would require the company to propose a schedule
for implementing an alternate project if one of the projects in the
agreement could not be completed. The previous version merely required the
company to indicate whether it would implement an alternate project if one
of the projects in the agreement could not be completed. Mr. Trout said that
the District recommends that the Board approve the Enforceable Board
Agreement with Zeon Chemicals as presented today.
| Motion: |
Mr. Hammond moved to approve
the Enforceable Board Agreement with Zeon Chemicals as recommended
by the District.
The motion passed unanimously. |
2. DuPont Dow Elastomers L.L.C.
Mr. Trout said that the only change to the projects that were included in
the initial draft of the agreement with DuPont Dow Elastomers is that the
project to change the in-process material sampling procedure was withdrawn
because a more detailed review showed the concept to be infeasible.
Additionally, implementation of the project involving the emulsion storage
tanks would be delayed because of a permitting issue. He indicated that the
same change to the language in the Zeon Chemicals agreement regarding the
requirement to propose a schedule for implementing an alternate project if
one of the projects in the agreement could not be completed was made to this
agreement.
Mr. Trout said that the District recommends that the Board approve the
Enforceable Board Agreement with DuPont Dow Elastomers as presented today.
Ms. Embry asked whether there was a specific
date for completion of the project to install piping to connect the vapor
spaces of the three unstripped polymerized emulsion storage tanks. Ms.
Anderson responded that a specific completion date was not included because
this project is subject to a permitting requirement and the EPA had raised
questions regarding the applicability of the federal Prevention of
Significant Deterioration (PSD) requirements. In response to Ms. Embry’s
question on the normal permit process time frame, Mr. Trout said that
a permit review would typically take several months, but a project that was
subject to the PSD requirements would take considerably longer. However, it
appeared as if the issues raised by the EPA had been resolved and that the
permit review could be completed quickly. He said that the District has
given a high priority to completing its review of this permit application.
Mr. Jonathan Miller said that the DuPont Dow Elastomers company officials
had felt that they had an opportunity to take swift action to complete this
project that would reduce chloroprene emissions. He said that the permit
issue essentially prevented the company from implementing the project
quickly; the project could have been completed during a recent unforecasted
shutdown of the process. He said that company officials had considered
implementing the project before a permit was issued. Mr. Williams emphasized
the importance of complying with the permitting requirements and said that
willfully violating this requirement could subject the company officials to
a significant penalty. He said that the District did not have the authority
to allow the company to proceed before the appropriate permit is issued.
Mr. Trout added that part of the District’s
permit review is to ensure that federal requirements are met if applicable.
If the federal PSD requirements had applied, then federal control technology
and air quality demonstrations would have been required. Failure to comply
with these additional requirements could have subjected the company to
federal enforcement actions as well as District enforcement actions.
| Motion: |
Mr. Hammond moved to approve
the Enforceable Board Agreement with DuPont Dow Elastomers as
recommended by the District.
The motion passed unanimously. |
3. American Synthetic Rubber Company
Mr. Trout said that before addressing the Enforceable Board Agreement
with the American Synthetic Rubber Company (ASRC) the District would
summarize the results of the two studies performed by ASRC. Mr. Trout said
that as Mr. Williams reported last month, the first study focused on whether
the flare could be operated in a manner that would further reduce the
1,3-butadiene emissions. The conclusion of the study was that the flare was
being operated in a manner that pretty much maximized the reduction of
emissions. Mr. Trout said that after reviewing the first study, the District
agreed with the study’s conclusion.
Mr. Trout explained that the purpose of the second study was review each
step of the process to determine if there were more effective ways to reduce
the emissions of 1,3-butadiene. The District had received the second report
just yesterday, so it had not yet reviewed the study in detail. However, on
cursory review, the District agrees with the conclusions that several
actions could be taken to reduce emissions, most notably replacing the flare
as the primary control device with a different combustion device that would
be capable of attaining a higher control efficiency.
Mr. Trout said the second study has three recommendations, all of which
ASRC has included in the amended Enforceable Board Agreement distributed
this morning. The first recommendation is to make several process changes
that would, by the end of 2004, reduce the 1,3-butadiene emissions by about
9,000 pounds per year, an 8% reduction from the 2003 reported emissions. The
next and most significant recommendation is to replace the flare with a more
efficient combustion control device, reducing the 1,3-butadiene emissions by
approximately 51,000 pounds per year, a 42% reduction from the 2003 reported
emissions. The third recommendation is to continue to study other identified
changes that have the potential to further reduce 1,3-butadiene emissions.
Mr. Trout indicated that the same change to the language in the Zeon
Chemicals agreement regarding the requirement to propose a schedule for
implementing an alternate project if one of the projects in the agreement
could not be completed was made to this agreement.
Mr. Trout said that the District recommends that the Board approve the
revised Enforceable Board Agreement with the American Synthetic Rubber
Company as presented this morning.
Ms. Embry said that prior to making a motion on the agreement with ASRC,
she wanted to emphasize that the agreements based upon the voluntary
reductions from the companies that emitted 1,3-butadiene and chloroprene are
intended to reflect actions that could be taken quickly to reduce emissions
but are not intended to take the place of a comprehensive, regulatory toxics
program.
| Motion: |
Ms. Embry moved to approve
the Enforceable Board Agreement with the American Synthetic Rubber
Company as recommended by the District. However, as a second part to
this motion, Ms. Embry moved that the Board require a public hearing
to be held prior to the issuance of a construction permit for the
replacement control device. She said that an understanding of the
details of the control device and the emission limits established by
that permit is important to both the Board members and the public. |
Chair Cassidy asked whether the flare at ASRC is subject to EPA
regulations and whether by replacing the flare ASRC would be required to go
beyond the federal minimum requirements. Mr. Trout responded that the
processes at ASRC are subject to a federal Maximum Achievable Control
Technology (MACT) standard, but that a flare would meet the MACT
requirement. He explained that by enclosing the gas stream in a combustion
device, the gas stream can be heated to a higher temperature for a longer
period of time, thus increasing the control efficiency of the combustion
device over that which could be achieved by a flare.
|
The motion passed unanimously. |
Committee Reports
-
Mr. Trout said that the Air Quality Task Force met April 23, 2004. Mr.
Williams gave a summary of the April 15th actions taken by the EPA to
designate and classify areas with respect to the 8-hour ozone standard. The
Louisville area was designated nonattainment and given a Basic
classification pursuant to Subpart 1 of Part D of Title I of the Clean Air
Act. In general, this means that the Louisville area will not be subject to
specific control requirements, just the general provisions of Subpart I that
require the implementation of reasonably available control measures and a
plan to attain the standard. Any detailed requirements will be established
in a federal regulation that is expected later this summer.
The main part of the meeting was a presentation about Atlanta by guest
speaker Dr. Michael Chang from the Georgia Institute of Technology. Dr.
Chang gave an overview of the formation of ozone and discussed the ozone
precursor emissions inventory for the Atlanta area. He indicated that
approximately 80% of the volatile organic compound (VOC) emissions in the
Atlanta area come from biogenic sources, with only 20% coming from
anthropogenic (man-made) sources. In analyzing the reductions made in VOC
emissions and the changes to the ozone levels
over the last two decades, he concluded that more recent VOC emission
reductions were having less impact on reducing ozone levels than VOC
emission reductions had in the earlier part of that period. Dr. Chang’s
presentation can be viewed on the District’s web page. Mr. Trout said that
the next meeting of the Air Quality Task Force will focus on an analysis of
changes in the VOC and nitrogen oxides emissions in the Louisville area.
Staff Reports
Director
Mr. Williams said that on May 14th the
plaintiffs in the VET Program litigation filed a pleading in federal court
suggesting projects totaling $1.75 million that Judge Heyburn should require
of the District and Metro Government. One project is to fund reduced bus
fares for the Transit Authority of River City (TARC) this summer, and the
other project is to provide a computer program for TARC’s website to
assist in obtaining bus route information. The District has the opportunity
to respond to that pleading by June 4th. The next court date is June
11th.
Mr. Williams said that the EPA appears to be on schedule with
implementing the PM2.5 standard. The next
step is for the EPA to respond to the States’ nonattainment area
recommendations by June 15th. Mr. Williams said that Kentucky has
recommended that only Jefferson and Fayette Counties be designated as
nonattainment for the PM2.5 standard. He said that the indications are that
the EPA response will likely include additional counties that the EPA
believes should also be designated as nonattainment for the PM2.5
standard.
The EPA is currently projecting that final designations will be made by
November 2004. The PM2.5 implementation rule is scheduled to be proposed by
August 2004 and finalized by June 2005. Subpart 1 calls for an area to reach
attainment within five years of the nonattainment designation, with a
provision to extend the attainment date by another five years. Thus,
Jefferson County would be required to attain the PM2.5 standard by June
2010, but that could be extended to 2015.
Mr. Williams announced that the District filed to intervene in federal
litigation brought by the EPA against Cinergy, the parent company of the
Gallagher Plant. The Gallagher Plant, located directly across the Ohio River
from western Jefferson County, is a significant source of pollutants
affecting Jefferson County, particularly sulfur dioxide. Though the
Gallagher Plant has only one-half the generating capacity of the Louisville
Gas & Electric Company Mill Creek Generating Station, the Gallagher
Plant emits more than twice as much sulfur dioxide, which is, importantly, a
fine particle issue for Jefferson County. The emissions from the Gallagher
Plant are frequently blown into Jefferson County.
The District is one of the first local governments in the nation to
intervene in this type of federal litigation. The trial for this matter is
currently scheduled for June 2005. The District will be participating in
those aspects of the litigation that specifically focus on the Gallagher
Plant.
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.
Air Quality Data
The air quality monitoring reports were submitted for filing.
A copy of each report is attached to the original minutes.
Enforcement Status
The APCD Enforcement
Status 5/10/2004 
report was submitted for
filing. A copy is attached to the original minutes.
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Startup, Shutdown, Malfunction, and Emergency Report
The Malfunctions,
Emergencies, Startups and Shutdowns received 4/16/2004 through 05/7/2004
report was submitted for filing. A copy is attached to the original minutes.
Adjournment
The meeting adjourned at 10:05 a.m. The next regular Board Meeting is
Wednesday, June 16, 2004.
_______/signed/_______
Karen Cassidy
Chair
_______/signed/_______
Jonathan L. Trout
Secretary-Treasurer