Minutes
Regular Meeting
of the
Louisville Metro Air Pollution Control Board

August 18, 2004

The regular meeting of the Louisville Metro Air Pollution Control Board was called to order August 18, 2004, at 9:01 a.m. in the Board Room of the Louisville Metro Air Pollution Control District, 850 Barret Avenue, Louisville, Kentucky, by the Chair, Karen Cassidy. Barbara Sexton Smith, Dr. 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, Mitzi Powell, Scott Wegenast, Jesse Goldsmith, Eva Addison, Terri Phelps, Arthur Chang, Martha Gammons, Phyllis Fitzgerald, Marty Layman, Steve Taylor, Tom Spalding, Sara Patterson, Doug Spillman, Stacy Fritze, and Irene Stephenson. Shannon Tivitt, Assistant Secretary, Cabinet for Community Development, was also present.

The following guests were present: Jonathan D. Miller, DuPont Dow Elastomers LLC; Paige Mosser Theriac, Theriac Environmental Consultants, Inc.; Rich Robinson and Ron Musgnug, American Synthetic Rubber Company; Sarah Scheetz, Louisville Gas and Electric Company; Mike DeBusschere, Kentuckiana Engineering Company, Inc.; Brad Dillon, Greenebaum, Doll & McDonald; Greg Long, Ford Louisville Assembly Plant; Tim Duncan, Rubbertown Emergency Action Education and Defense, Inc. (REACT); Ander Al-Shami, Citizen; Tim Corrigan, Greater Louisville Inc.; Barbara Hall, Ford Kentucky Truck Plant; Winnie Hepler, REACT-Justice Resource Center; Rachael Hamilton, Frost, Brown, Todd L.L.C.; Mary Hodge, Alcoa Flexible Packaging; Joan Lindop, Sierra Club of Greater Louisville; and Regina Henry, Cemex-Kosmos Cement.

Introduction of New Staff Member

Mr. Williams introduced Stacy Fritze, Law Clerk, who recently graduated from the University of Louisville Brandeis School of Law. Ms. Fritze is employed by the County Attorney’s Office but is assigned to the District to work on enforcement.

Approval of Minutes

The minutes of the Public Hearing and Regular Meeting of July 21, 2004, were approved as distributed.

Public Comments

Jonathan Miller, DuPont Dow Elastomers (DDE), provided an update on the company’s progress in completing the final project included in the Enforceable Board Agreement. The construction permit requested from the District was received and DDE plans to proceed with this project at quickly as possible. Mr. Miller noted that his position has been elevated to Senior Environmental Specialist.

Winnie Hepler, REACT, noted that the Minutes from February 19, 2003, indicated that the District and the Board are now a part of the Cabinet for Community Development. Ms. Hepler said that she found this to be disturbing and asked why the District wasn’t in the Cabinet with the Health Department. She also asked whether the District’s placement in the Cabinet for Community Development affected the District’s draft air toxics program. Mr. Williams responded that the placement of the District in the Cabinet for Community Development has been beneficial. This Cabinet addresses many issues other than economic development and includes other regulatory agencies such as Planning and Design Services and the Department of Inspections, Permits & Licenses.

Ron Musgnug, American Synthetic Rubber Company (ASRC), said that as part of the Enforceable Board Agreement, ASRC agreed to report quarterly on its monthly 1,3-butadiene emissions. Mr. Musgnug indicated that the second quarter 2004 results showed a 42.7% reduction on an annualized basis from 2003 reported emissions, a 32.2% reduction on an annualized basis from 2002 reported emissions, and a 51.2% reduction on an annualized basis from 2001 reported emissions. He said that these reductions are attributable to the installation of gas chromatography technology and the implementation of other process improvements as required by the Enforceable Board Agreement.

Mr. Musgnug reiterated his request that the construction permit for the new thermal oxidizer be issued by the 15th of October and added that the company would like to review a draft of the construction permit. He said that the company anticipates releasing a bid request for this equipment by the end of next week.

Ms. Smith asked the District whether a draft permit would be ready for company review before the end of next week. Mr. Goldsmith responded that this may be possible, but that the District is certainly on schedule to have the construction permit ready by the October date as requested by ASRC. The District often times shares a draft permit with the company before issuing to assure that the monitoring proposed is workable.

Unfinished Business

1. Air Toxics Update

   Mr. Williams announced that Mayor Abramson will hold a press conference on September 1 to release the first draft of the District’s air toxics regulatory package. The location and time will be announced soon. The District will invite the Board members to attend the press conference. This will start a month-long informal review process for all stakeholders. After reviewing any informal comments made to the District, the District will schedule a meeting of the Strategy Committee to consider beginning a formal Public Review process. This will allow a public hearing on the proposed regulations to be scheduled before the November Board meeting. During the informal review period, the District will be available for a series of presentations to interested groups.

Committee Reports

1. Air Quality Task Force

   Mr. Trout reported that the focus of the July 23^rd meeting of the Air Quality Task Force (Task Force) was a presentation by Mark Derf, Indiana Department of Environmental Management (IDEM), on the results of the preliminary 8-hour ozone modeling for the Louisville area performed by the Lake Michigan Air Directors Consortium (LADCO). In summary, the implementation of the federal measures, the nitrogen oxides (NO_x) State Implementation Plan (SIP) call, the Tier II motor vehicle standards, and the reduction of sulfur in both gasoline and diesel fuel, appear to be sufficient for the Louisville area to attain compliance with the 8-hour ozone standard. Additional modeling, using a refined emissions inventory, will be performed later this summer. Following the presentation, the Task Force began a discussion on whether the recommended course of action should be to merely comply with the federal standard or to effect additional reductions. This margin of safety would not only provide a growth margin for industry but would also enhance the quality of life for individuals who live here. The Task Force members will further discuss this issue at the next Task Force meeting.

   Ms. Embry asked by what date does the modeling suggest that the Louisville area would attain compliance with the 8-hour ozone standard and for how long in the future would attainment be maintained. Mr. Trout responded that the modeling was performed for 2007 and that maintenance was expected to continue for a significant period of time.

Staff Reports

1. Director

   Mr. Williams announced that the Louisville area is continuing to have an exceedingly clean ozone season. The only 8-hour ozone exceedance occurred on August 3 at the Bates monitor; an Ozone Action Day had been called for that day. However, even with the low ozone concentrations experienced this summer, the design value for the Louisville area, using 2002, 2003, and the 2004 data to date, would be 86 parts per billion, still a violation of the 84 parts per billion standard. Mr. Williams said that even though the Louisville area will not comply with the 8-hour ozone standard after this year, it does appear that the air quality in the Louisville area has improved, due in part to meteorological conditions this summer that do not favor the formation of ozone as well as the significant NO_x reductions, particularly from the installation of selective catalytic reduction (SCR) control devices at the Louisville Gas & Electric Mill Creek plant and the Tennessee Valley Authority Paradise plant.

   Mr. Williams said that, like the monitored ozone concentrations, the monitored PM_2.5 concentrations have been significantly lower this year than in the previous five years. In fact, the monthly averages for four of the seven months this year have been the lowest monthly levels monitored. While the effects of meteorological conditions on the formation of PM_2.5 are not as well understood as for the formation of ozone, the monitoring data clearly suggest that there is a seasonal relationship. Thus, as with ozone, the cool, wet meteorological conditions experienced this summer, along with the reduced electric utility emissions, may both have had the beneficial effect of reducing PM_2.5 concentrations in the Louisville area. A continuation into 2005 of the downward trend in PM_2.5 monitored levels experience over the last two years would result in a design value approaching attainment of the PM_2.5 standard.

   Mr. Williams said that the District is continuing to pursue a reconsideration of the federal court’s earlier decision that denied our motion to intervene in the Cinergy litigation. Ms. Anderson added that a statement of support for the District had been filed by the three intervener states, New York, New Jersey, and Connecticut, and that a statement of support is also expected to be filed by the citizen intervenors Hoosier Environmental Council and the Ohio Environmental Council.

   Mr. Williams announced that the U.S. Environmental Protection Agency and the District are cosponsoring three workshops to be held at the Westwood Presbyterian Church, 4432 Greenwood Avenue. The workshop on permitting and enforcement will be held this Friday, August 20, from 5:00 p.m. to 9:30 p.m. The workshop on emergency planning and risk management will be held Saturday, August 21, from 9:00 a.m. to 1:30 p.m. The workshop on environmental justice will be held Saturday, August 28, from 9:00 a.m. to 3:00 p.m. These workshops are being put on in large part to respond to the request from the Justice Resource Center and other citizens for information on the various air quality programs and how citizens can more fully participate in improving the air quality in this community.

   Mr. Williams also announced that the District, through its Kentuckiana Air Education (KAIRE) Program, will have a large booth at the State Fair that will include several interactive displays. The State Fair begins tomorrow.

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 08/10/2004  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 7/12/2004 through 8/2/2004  report was submitted for filing. A copy is attached to the original minutes.

Adjournment

The meeting adjourned at 9:32 a.m. The next regular Board Meeting is Wednesday, September 15, 2004.