Minutes
Regular Meeting
of the
Louisville Metro Air Pollution Control Board

July 21, 2004

The regular meeting of the Louisville Metro Air Pollution Control Board was called to order July 21, 2004, at 9:10 a.m. in the Board Room of the Air Pollution Control District, 850 Barret Avenue, Louisville, Kentucky, by the Chair, Karen Cassidy. Lee Howard, Lewis Hammond, Barbara Sexton Smith, Dr. Nadir Al-Shami, 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, Jesse Goldsmith, Mitzi Powell, Cynthia Lee, Scott Wegenast, Arthur Chang, Eva Addison, Diane Hazellief, Martha Gammons, Phyllis Fitzgerald, Derek Henderson, Keith Earle, Dee Lynch, Barry Zalph, Doug Spillman, Marty Layman, Amy Osborn, Matt King, Jenny Rhodes, and Irene Stephenson. Shannon Tivitt, Assistant Secretary, Cabinet for Community Development, was also present.

The following guests were present:  Bruce Gaylord, Kentuckiana Engineering Company, Inc.; Paige Mosser Theriac, Theriac Environmental Consultants, Inc.; Jonathan D. Miller, DuPont Dow Elastomers LLC; Regina Henry, Cemex-Kosmos Cement; Don Satterly, Citizen; Sarah Scheetz, Louisville Gas & Electric Company; Barbara Hall, Ford Kentucky Truck Plant; Ron Musgnug, American Synthetic Rubber Company (ASRC); Debby Donnellan and Beverly Hampton, Lawn Care for Cleaner Air Awards recipients; Tim Duncan, Jonathan Tinsley, Renee Murphy, and Winnie Hepler, Rubbertown Emergency Action Education and Defense, Inc. (REACT); Rachael Hamilton, Frost, Brown, Todd L.L.C.; Paul Howard, Tetra Tech EML; Pat Moran, Stites & Harbison; Brad Dillon, Greenebaum, Doll & McDonald; Tim Corrigan, Greater Louisville Inc.; Joan Lindop, Sierra Club of Greater Louisville; and the Reverend Louis Coleman, Justice Resource Center.

Introduction of New Employees

Mr. Williams introduced two new staff members to the Board, Matthew (Matt) King, Engineering Specialist, and Virginia (Jenny) Rhodes, Engineering Specialist.

Public Recognitions

Ms. Fitzgerald introduced Debra Donnellan and Beverly Hampton and presented them with Lawn Care for Cleaner Air Awards. These neighbors helped each other to design and replant their yards with alternative (non-mowing) landscaping. Ms. Donnellan said that Ms. Fitzgerald had talked to their neighborhood association about the pollution that comes from gasoline-powered lawnmowers and the benefits of the Lawn Care for Cleaner Air Program.

Ms. Fitzgerald also presented Chair Cassidy, who has also transformed her yard, a Lawn Care for Cleaner Air Award.

Approval of Minutes

The minutes of the June Board meeting were approved as distributed.

Public Comment

Tim Duncan, REACT, said that with respect to the air pollution coming from the Rubbertown chemical plants, we should not think of how bad the pollution could be but instead progress should be measured by how good the quality of the air could be. A 50% reduction in emissions is beneficial, but if the remaining emissions are unhealthy, then the result is that the air is unhealthy. He said that a comprehensive toxic air pollution plan and regulations are needed and should address not only stack emissions but also emissions from tanker car unloading, leaks, accidents, and incidents that are reported. In the past four months, air monitors are continuing to read high and dangerous levels of toxic chemicals in the air.

Reneé Murphy, REACT, who lives on the fenceline of one of the Rubbertown plants, said that seven members of her family have asthma and suffer on a daily basis. They change the filter for their home’s air conditioning system on a weekly basis. She said that despite the talk of voluntary reductions, she believes that the air quality has gotten worse, and that the fumes are stronger on the weekends because no one is monitoring them. She concluded that stricter laws are needed.

Jonathan Tinsley, REACT, who lives in the Rubbertown area, said that he had a health problem last year due to toxic air and is now permanently disabled. He would like the District to propose stiffer regulations for these industries.

Ron Musgnug, American Synthetic Rubber Company (ASRC), summarized the first quarterly progress report that was required by the Enforceable Board Agreement. He said that the company has submitted a construction permit application for a thermal oxidizer to replace the elevated flare as the primary control device for 1,3-butadiene emissions. He indicated that District approval is needed by mid-October to meet the December 2005 startup schedule in the agreement. If the construction permit is issued in October, vendor selection and material purchase would start in November. He said that all of the other projects are underway with two of them ahead of schedule, allowing for operation in the fall instead of December.

Mr. Howard asked if is possible that the reduction in 1,3-butadiene emissions could be greater than 51,000 lbs. Mr. Musgnug responded that ASRC determined that installing a thermal oxidizer would provide more reduction than adding another elevated flare stack or using a ground flare because it is possible to increase the residence time of the emissions at an elevated temperature with a thermal oxidizer. He said that ASRC’s goal is to reduce emissions to the maximum extent that can be achieved.

Unfinished Business

Mr. Trout gave a brief explanation of the Emissions Bank Status Report dated July 14, 2004. He acknowledged that many of the identified reductions occurred a long time ago and that some of the contact information is outdated. He said that when the implementation rules for the new 8-hour ozone and fine particulate standards are adopted, many of the banked emission reductions would no longer be valid.

New Business

1. Agreed Board Order with Ford Motor Company, Kentucky Truck Plant

   Mr. Goldsmith said that the District recommends that the Board adopt the proposed Agreed Board Order with Ford Motor Company, Kentucky Truck Plant, as proposed.

   Motion:	Ms. Embry moved to adopt the Agreed Board Order with Ford Motor Company, Kentucky Truck Plant as recommended by the District. The motion passed unanimously.

Committee Reports

1. Air Quality Task Force

   Mr. Trout reported that the main focus of the June 25, 2004, meeting of the Air Quality Task Force was a history and highlights of the SIP Advisory Panel, including a detailed look at the 15% VOC emission reduction plan. He said that the next meeting of the Task Force is this Friday and the main topic will be looking at the results of the regional 8-hour ozone modeling that has been done by the U.S. Environmental Protection Agency (EPA) and the Lake Michigan Air Directors Consortium (LADCO). These modeling runs take into account the federal measures that are in place and will effect significant emission reductions over the next few years.

Staff Reports

1. Director

   Mr. Williams announced that so far this year there has been no exceedance of the 8-hour ozone standard nor has the District called an Ozone Action Day. This is the farthest that the Louisville area has gone into an ozone season without an Ozone Action Day or an 8-hour ozone exceedance. Mr. Williams said that there are two significant reasons for the lower ozone concentrations. First, there have been significant reductions in oxides of nitrogen (NO_x) emissions resulting from the EPA’s NO_x SIP Call. These reductions have occurred both locally at the Louisville Gas and Electric plants and regionally at power plants such as the TVA Paradise Plant. The second reason is that the meteorological conditions have not been conducive for the generation of ozone. Dr. Geoffrey Cobourn, a professor at the University of Louisville, developed an algorithm made up of 9 different weather variables to predict the likely levels of ozone. The three most important variables are temperature, cloud cover, and wind speed. The Louisville area has had cooler than usual temperatures, higher than usual precipitation (which translates into more cloud cover and less ultraviolet light), and fewer episodes of significant air stagnation.

   Mr. Williams said that we are similarly having low monitored readings this year for fine particulate matter. For three of the first six months of this year, Jefferson County has had the lowest monthly average PM_2.5 readings since monitoring began in 1999. The lower PM_2.5 may also relate to the reduction of NO_x emissions resulting from the NO_x SIP Call because NO_x emissions can, through atmospheric reactions, form nitrates, which are monitored as PM_2.5. Although not as much is known about the effects of meteorological conditions on the formation of PM_2.5, it is possible that the meteorological conditions that have resulted in lower ozone levels may also be responsible for lower PM_2.5 levels.

   Mr. Williams reported that Louisville Metro Government made a decision not to appeal the federal court’s ruling on the Vehicle Emissions Testing (VET) program litigation. The court’s decision will become final and the District will take the remaining steps to address the court’s order for payment to the plaintiffs and attorney’s fees.

   Mr. Williams reported that the federal court has initially denied the District’s petition to intervene in the litigation involving possible new source review violations at Cinergy Gallagher Plant. The District has asked the court to reconsider that decision.

   Mr. Williams said that the District will be concluding its detailed internal review of the draft toxics program within the next week. There is a total of 19 regulations involved in the regulatory package, with some regulations being repealed because they are being consolidated into other regulations, but the majority of the regulations are either significant amendments to existing regulations or new regulations. Within the next week or so the District will present the package to representatives of the Cabinet for Community Development and the Mayor’s Office. When this final review is concluded, the District will make the draft package available for informal public review and discussion. The package will be posted on the District’s web page and paper copies will also be available. The District anticipates making presentations to any group or organization that wants to have a specific presentation on the package. After a 30- to 45-day opportunity for informal review, the District will then make appropriate changes to the package and then schedule the package for consideration by the appropriate Board committee to begin the formal public review process. The District continues to be on the same time schedule that was announced earlier this year, with final action on the toxics program anticipated by the end of this year.

   Mr. Hammond stated that although the Rubbertown companies have said that emissions are being reduced, citizens continue to come to Board meetings and say that the emissions are not being reduced. He asked whether the District has a way of establishing whether emissions are actually being reduced. Mr. Williams responded that six of the monitors in the original 2000-2001 study have been operated by the University of Louisville since the fall of 2001. The District has received an additional grant from the EPA of which $72,000 will be used to contract for the same type of qualitative and quantitative assessment of the monitoring data that was done for the 2000 to 2001 monitoring data. This assessment will provide a comparison of the more recent air quality with the air quality that was present during the original study.

   Mr. Williams continued that even though the Board approved agreements with four of the Rubbertown companies, the largest emission reduction project, the replacement of the flare at the American Synthetic Rubber Company, will not effect emission reductions until the end of 2005. While the other projects at the four companies should result in reduced emissions, Mr. Williams cautioned that the effect of ending the VET Program is that mobile source emissions, including such toxics as 1,3-butadiene, will start increasing, offsetting some of the Rubbertown company reductions.

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 07/09/2004  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 6/8/2004 through 7/7/2004  report was submitted for filing. A copy is attached to the original minutes.

Adjournment

The meeting adjourned at 9:52 a.m. The next regular Board Meeting is Wednesday, August 18, 2004.