Minutes
Regular Meeting
of the
Louisville Metro Air Pollution Control Board

September 15, 2004

The regular meeting of the Louisville Metro Air Pollution Control Board was called to order September 15, 2004, at 9:37 a.m. in the Board Room of the Air Pollution Control District, 850 Barret Avenue, Louisville, Kentucky, by the Chair, Karen Cassidy. 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, Terri Phelps, Mitzi Powell, Cynthia Lee, Scott Wegenast, Arthur Chang, Eva Addison, Barry Zalph, Phyllis Fitzgerald, Martha Gammons, Marty Layman, Gary Flispart, Dee Lynch, Dana Rabuzzi, Doug Spillman, Mark Spaulding, Tom Pinto, Steve Taylor, Chris Cunningham, Derek Newcomer, Ashley May, and Irene Stephenson.

The following guests were present: Paige Mosser Theriac, Theriac Environmental Consultants, Inc.; Rick Poynter and Frank Sizemore, Carbide Industries, LLC; Brad Dillon, Greenebaum, Doll & McDonald; Jonathan D. Miller, DuPont Dow Elastomers LLC; Rich Robinson, American Synthetic Rubber Company; Rachael Hamilton, Frost, Brown, Todd L.L.C.; Regina Henry, Cemex-Kosmos Cement; Mike DeBusschere, Kentuckiana Engineering Company, Inc.; Colleen Bowden, Lawn Care for Cleaner Air Awards recipient; Charles Huff, CR Huff Environmental, Inc.; Sarah Lynn Cunningham, People & Lungs; Tim Corrigan, Greater Louisville Inc.; Tom Herman, Zeon Chemicals; Joan Lindop, Sierra Club of Greater Louisville; Winnie Hepler, Rubbertown Emergency Action Education and Defense, Inc. - Justice Resource Center (REACT); and the Reverend Coleman, Justice Resource Center.

Introduction of New Staff Members

Mr. Williams introduced three new staff members to the Board: Ashley May, Law Clerk, who is employed by the County Attorney’s Office but is assigned to the District to work on enforcement; Chris Cunningham, Technical Coordinator; and Derek Newcomer, Engineering Specialist.

Public Recognitions

Ms. Fitzgerald introduced Colleen Bowden and presented her with a Lawn Care for Cleaner Air Award. Ms. Fitzgerald added that a total of 1,268 awards have been given from 2001-2004.

Approval of Minutes

The minutes of the August 18, 2004, Board meeting were approved as distributed.

Public Comments

The Reverend Coleman, Justice Resource Center, said that it has taken too long for an air toxics regulatory package to be developed. He encouraged the District to not delay the package any further. He said that there should have been an opportunity for community members to be involved in the development of the air toxics regulations

Unfinished Business

1. Air Toxics Update

   Mr. Williams said that Mayor Abramson held a press conference on September 9, 2004, outlining the Strategic Toxic Air Reduction (STAR) Program. The draft regulations of the STAR Program will be released tomorrow. There are 19 regulations that would be either new, amended, or repealed.

   Mr. Williams indicated that the District will provide a three-week period for the public to review and send informal comments on the draft regulations to the District. The District has already scheduled several meetings, and will meet with any group requesting a meeting, to provide an opportunity to discuss the STAR Program. After reviewing these informal comments, the District will make appropriate changes to the regulations and present a recommended package to the Strategy Committee, requesting approval 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.

   Ms. Embry expressed disappointment that the Strategy Committee had not had an opportunity to provide input to the District on the air toxics regulations. She requested that the District make a presentation to the Strategy Committee regarding the details of the air toxics regulations. Mr. Williams replied that the District would schedule a meeting of the Strategy Committee as soon as possible.

New Business

1. Agreed Board Order with Kosmos Cement Company

   Ms. Phelps said that the District recommends that the Board adopt the proposed Agreed Board Order with Kosmos Cement Company, as proposed.

   Motion:	Mr. Hammond moved to adopt the Agreed Board Order with Kosmos Cement Company, as recommended by the District. The motion passed by a vote of five to one, with Ms. Smith voting against the motion.

   Ms. Henry, Kosmos Cement Company, noted that the portion of roadway to be paved is named Depot Road, which intersects with Dixie Highway at the flood wall. The cost of the paving project for Depot Road is $80,000. The Metropolitan Sewer District (MSD) had committed $6,000 for a thin asphalt layer to be laid on top of the existing road. Instead of this temporary measure, the MSD has agreed to pay the $6,000 towards this more extensive project that will replace the current surface with a concrete road. Kosmos will pay the balance of the cost of this project. Out of the $74,000 remaining cost, Kosmos will be credited with $17,500 as a supplemental environmental project (SEP), the SEP amount required by the Agreed Board Order. Some of the project will involve drainage improvements to benefit Valley Station. The paving will eliminate dust dragged out onto Dixie Highway.

2. Agreed Board Order with Carbide Industries, LLC

   Ms. Embry asked that Carbide Agreed Board Order reflect a higher level of accountability. She suggested that the Order be tabled until alternative suggestions are made.

Committee Reports

1. Policy Committee - met at 8:45 a.m.

   Mr. Trout explained that the issue before the Policy Committee was to amend the current version of Regulation 6.43 to replace the company-specific process requirements that had been established for Carbide Industries (Carbide) to reduce volatile organic compound (VOC) emissions with an equivalent plant-wide VOC emission limit. Carbide requested this change so the company could remain in compliance with the applicable requirements of Regulation 6.43 while achieving equivalent VOC reductions. This change would be consistent with the proposed Agreed Board Order presented today. The Policy Committee approved the amended regulation to proceed through the formal public review process.

   In response to the issue raised by Ms. Embry regarding actual emissions, Mr. Trout explained that the State Implementation Plan (SIP) issue revolved around allowed emissions. Implementation of the procedural requirements in the current version of Regulation 6.43 were calculated to result in a 1,000 pound-per-day reduction in VOC emissions from the 1990 Carbide baseline emissions. The proposed 6701 pound-per-day limit is slightly lower than the 1990 baseline minus 1,000 pounds of VOC per day reduction.

   Mr. Trout indicated that the Board had several options regarding the proposed Agreed Board Order and proposed amendment to Regulation 6.43. Comments on this issue could be obtained through the comment period on the proposed regulation amendment and then the Board could determine the appropriate course of action on both the regulation and Agreed Board Order.

   Motion:	Mr. Hammond moved to table the Agreed Board Order and proceed with the public comment period on the proposed regulation amendment. The motion passed unanimously.

Staff Reports

1. Director

   Mr. Williams announced that, for practical purposes, the 2004 ozone season has ended. There was only one 8-hour ozone exceedance this year, which occurred on August 3. Although the ozone monitoring data has not undergone final quality assurance reviews, these data show that the design value for the Louisville area would drop from 92 parts per billion (ppb) to 88 ppb. The 8-hour ozone standard is 84 ppb. The Louisville area has also experienced lower levels of PM_2.5 this year. The August average is the lowest August average recorded in the six years that PM_2.5 has been monitored. In fact, the lowest monthly average in these six years of PM_2.5 has occurred in 2004 for five of the eight months in 2004 to date.

   Mr. Williams reported that Cinergy/PSI recently announced that it is planning to make up to $500 million in environmental upgrades over the next two years at two of its area facilities that will significantly reduce emissions and improve the region's air quality. As a result of the changes, Mayor Abramson announced that Louisville Metro Government will drop its efforts to intervene in a federal lawsuit against Cinergy over emissions at its Gallagher facility in New Albany, Indiana. Cinergy will install baghouse controls, which will be up to 70 percent more efficient in reducing particulate emissions than the existing control equipment. Additionally, these changes will provide a 40 percent reduction in sulfur dioxide emissions, a reduction of about 22,000 tons a year.

   Mr. Williams announced that the District is joining international efforts to supply Panama with air quality monitoring equipment to protect public and environmental health. The District is donating $175,800 worth of surplus equipment and is working in collaboration with the U.S. Environmental Protection Agency (EPA) Office of International Affairs, Panamanian officials, the State and Territorial Air Pollution Program Administrators (STAPPA) and the Association of Local Air Pollution Control Officials (ALAPCO).

   Mr. Williams said Hurricane Ivan has affected supplies of reformulated gasoline (RFG) for some parts of the country, but no formal actions were taken by the EPA to allow enforcement discretion of the RFG requirements in Kentucky.

   Mr. Williams introduced Lark Reynolds, University of Louisville Environmental Surveillance Program. Ms. Reynolds gave an overview of the occupational surveillance and epidemiological research project that began nearly 30 years ago. This program looked at health impacts to workers in the Rubbertown companies. The U of L Occupation Health Surveillance Program currently maintains one of the largest and most complete occupational research data banks in the world. A copy of the presentation is attached to the original minutes. [presentation in PDF format ;  presentation in PowerPoint format]

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 09/08/2004  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 8/2/2004 through 9/12/2004  report was submitted for filing. A copy is attached to the original minutes.

Adjournment

The meeting adjourned at 11:07 a.m.  The next regular Board Meeting is Wednesday, October 20, 2004.