A public hearing of the Louisville Metro Air Pollution Control Board (Board) was called to order September 15, 2004, at 9:03 a.m. in the Board Room of the Louisville Metro Air Pollution Control District, 850 Barret Avenue, Louisville, Kentucky, by the Chair, Karen Cassidy
The chairman read the opening announcement, rules, and purpose of the hearing of the Louisville Metro Air Pollution Control Board, which was to review Agreed Board Orders with Kosmos Cement Company and Carbide Industries, LLC.
Ms. Terri Phelps explained that on June 22, 2004, the District determined that the Kosmos Cement Company (Kosmos) was missing the required visual emissions records for five pieces of equipment for five months during 2003. Further, the District determined that compliance with the preventive maintenance requirements for six emission units was not demonstrated. A subsequent review of Kosmos’ annual compliance certification for 2003 revealed that the company incorrectly certified that it was in continuous compliance with its opacity standard and that it had conducted visual emissions inspections as required by the permit.
Ms. Phelps said that the adoption of the proposed Agreed Board Order (Order) would fully resolve the alleged violations of the District Operating Permit and District Regulation 2.16. The Order provides an administrative settlement of $21,000, with $5,250 to be paid by check and credit up to $15,750 to be allowed for implementing an approved supplemental environmental project (SEP). Kosmos has proposed, as a SEP, to pave approximately 200 feet of roadway owned by Jefferson County, which will be completed by December 31, 2004. The cost of this project exceeds the remaining $15,750. If the project is not completed by December 31, 2004, Kosmos shall pay $15,750 to the District by January 31, 2005. In addition, the Order requires, by October 15, 2004, that Kosmos submit to the District a revised annual compliance certification for Calendar Year 2003 that includes the deviations from the permit requirements for Unit 1 and demonstrate to the District that the company has begun the preventive maintenance checks required by the permit for particulate control.
Ms. Phelps said that the District intends to recommend that the Board adopt the proposed Agreed Board Order with the Kosmos Cement Company, pending evaluation of any comments made at today’s Public Hearing.
Ms. Sarah Lynn Cunningham asked for the roadway to be paved to be identified; whether this road is longer than 200 feet and, if so, which portion would be paved by Kosmos and who will pay for the remainder of the cost for this project; how the roadway is currently paved and with what material will the road be paved by Kosmos; who will benefit from this road being paved; and whether this proposed SEP is related to other violations.
Ms. Lauren Anderson explained that Carbide Industries, LLC (Carbide) is subject to Regulation 6.43 Volatile Organic Compound Emission Reduction Requirements. Regulation 6.43, Section 9 established operational conditions. Due to several factors, including changes in production volume and the loss of its sole customer for acetylene, the conditions imposed by Section 9 of Regulation 6.43 are now impractical, for instance, requiring Carbide to produce more product than they currently make. Carbide has requested that the operational conditions be removed and replaced by a daily volatile organic compound (VOC) emission limit of 6701 pounds. Until this change is made in Regulation 6.43, Carbide would be subject to the requirements of this Agreed Board Order in lieu of Section 9 of Regulation 6.43, but would remain subject to Sections 1, 2, 3 and 4 of Regulation 6.43. Until such time as Carbide has found a customer for its acetylene, or has installed a control device, the company would collect acetylene produced with the acetylene generators. Carbide would submit a proposed schedule to the District, within thirty days of the effective date of this Order, for the release of this stored acetylene. This schedule would not permit Carbide to release this acetylene on any day designated by the District as an Ozone Action Day.
Ms. Anderson said that the District intends to recommend that the Board adopt the proposed Agreed Board Order with Carbide Industries, LLC, pending evaluation of any comments made at today’s Public Hearing.
No statement was made.
At the request of the Board, Mr. Frank Sizemore, Plant Manager of Carbide, gave a brief explanation of the requested change and indicated that Carbide has submitted a construction permit application to install a control device to reduce acetylene emissions. In response to a question from Ms. Smith, Mr. Sizemore indicated that acetylene emissions would be reduced by approximately 10% when the control device is in operation.
Ms. Carolyn Embry asked whether the actual emissions would change from the level that would occur by complying with the current requirements. Mr. Sizemore responded that the actual emissions would increase by approximately 1,000 pounds per day. Mr. Rick Poynter, Environmental Manager of Carbide, added that the VOC emissions, including the 700 to 1,000 pounds-per-day increase, would still be 25% less than the 1990 level of emissions.
Ms. Barbara Sexton Smith asked what options Carbide has if the Order is not approved. Mr. Sizemore responded that the company would have serious problems because the company could not reasonably comply with the current requirements of Regulation 6.43. The company is working diligently to find a customer for the acetylene. There is a potential customer in Calvert City.
Mr. Art Williams indicated that the Board could shorten the time limitation in the Order for Carbide to either arrange for a customer for the acetylene or install a control device.
The public hearing adjourned at 9:37 a.m.
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Karen Cassidy
Chair
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Jonathan L. Trout
Secretary-Treasurer