Minutes
Regular Meeting
of the
Louisville Metro Air Pollution Control Board

October 20, 2004

The regular meeting of the Louisville Metro Air Pollution Control Board was called to order October 20, 2004, at 10:43 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, 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, Eva Addison, Phyllis Fitzgerald, Stacy Fritze, Scott Wegenast, Marty Layman, Arthur Chang, Gary Flispart, Steve Taylor, Matt King, Jenny Rhodes, Chris Cunningham, Doug Spillman, Derek Newcomer, and Irene Stephenson. Shannon Tivitt, Assistant Secretary of the Cabinet for Community Development, was also present.

The following guests were present: Jonathan D. Miller and Clarence Dykstra, DuPont Dow Elastomers LLC; Rich Robinson, Ron Musgnug, Jeff Tomlin, and Guillaume Coirfton, American Synthetic Rubber Company; Paul Melton, John Zink Company; Mike DeBusschere, Kentuckiana Engineering Company, Inc.; Jonathan Tinsley, The Reverend Fred Withers, Lu Withers, Gracie Lewis, The Reverend Tim Duncan, and Kenneth Madison, Rubbertown Emergency Action Education and Defense, Inc. (REACT); Edward Dusch, Medical Center Steam Plant; Jim Wade, Engelhard; Paige Mosser Theriac, Theriac Environmental Consultants; Donald Schwartz, citizen; Brad Dillon, Greenebaum, Doll & McDonald; Cheryl Fisher, E.I. du Pont; Dennis Conniff, Frost, Brown, Todd L.L.C.; Tim Corrigan, Greater Louisville Inc.; David Newman, Kentucky Motorcycle Association; Susie Pasikowski and Jim Pasikowski, Lawn Care for Cleaner Air Awards recipients; Patrick Moran, Stites & Harbison; Sarah Scheetz and Jason Wilkerson, Louisville Gas & Electric Company; and Winnie Hepler, REACT - Justice Resource Center.

Public Recognitions

Ms. Fitzgerald presented a Lawn Care for Cleaner Air Award to Jim and Susie Pasikowski. They have used a reel-type mower for 29 years and have always landscaped some of their yard. Ms. Pasikowski thanked the Board for acknowledging their hard work of 29 years. They are trying to get the neighbors more involved in using no-mow landscaping and are starting to trade plants with their neighbors.

Approval of Minutes

The minutes of the September 15, 2004, Public Hearing and Regular Meeting were approved as distributed.

Public Comment

Edward Dusch, General Manager of the Louisville Medical Center Steam Plant, expressed a concern that the Title V companies did not have a chance to provide input prior to the formal announcement of the Strategic Toxic Air Reduction (STAR) Program. He emphasized that it is important to have a de minimis exemption so that companies are not required to spend resources on evaluating trivial amounts of toxic emissions. He said that 19 of the 38 regulated chemicals are contained in coal. Given the amount of coal burned by the Louisville Medical Center Steam Plant, the total cadmium emission would be 3 ounces per year.

Jim Wade, Engelhard, said that his understanding is that the West Louisville Air Toxics Study identified a specific list of chemicals that were a problem. If the levels of the chemicals monitored at the two background sites were to be subtracted from the levels monitored in the Rubbertown area, then the list of problem chemicals would become very short. He said that the STAR Program should address only these identified problems and not be as broad as drafted, including many other chemicals and affecting many other companies.

The Reverend Tim Duncan, REACT, said that it is urgent that the Board adopt the STAR Program.

Patrick Moran, Stites & Harbison, representing Greater Louisville Inc., Environmental Affairs Committee, said that the STAR Program regulation package, with 18 new, modified, or repealed regulations, is the largest regulation package that the District has drafted in over 20 years. It is going to take additional time for the industrial community to read and understand the implications of these regulations and provide meaningful comments to the District staff and Board members. The increased time for informal review and comment is appreciated and the Environmental Affairs Committee suggests that the Board also consider increasing the 30-day formal process comment period. Mr. Moran asked that the Board members take a closer look at some of the related documents prepared by the U.S. Environmental Protection Agency (EPA). For example, the EPA Region 4 Air Toxics Relative Risk Screening Analysis was a justification for the category 1A compounds, yet the study pointed out that the risk was driven by mobile and area sources. Only 6.1% of the identified risk was due to industrial sources that would be subject to Regulations 5.20, 5.21, and 5.22. He agreed that a comprehensive program addressing the 18 monitored chemicals is needed, but it is questionable whether there is adequate justifications for including the additional 20 chemicals in the STAR Program. Secondly, he said that the nine pages of comments submitted by the EPA raise many questions regarding these regulations, indicating that much more work on this package is needed before it should be approved for the formal comment period. He said that the regulatory impact assessment, as mandated by KRS 77 and detailed in Regulation 1.08, is needed.

Mr. Howard asked Mr. Williams if he could comment on the 6% risk due to stationary sources. Mr. Williams responded that, as discussed with the Strategy Committee and stated at other public meetings, the District acknowledges that stationary sources, area sources, mobile sources, and non-road sources all emit toxic air contaminants and thus are responsible for some of the overall risk to the public. Mayor Abramson and the District have indicated that the long-term goal of the STAR Program is to have a comprehensive program in the community that addresses the toxic emissions of all source sectors. The first piece of that comprehensive program does focus on stationary sources, the largest individual sources of many of the 38 affected chemicals. The District’s goal is to come back to the Board over the next year or so with additional program elements that address small sources, mobile sources, and non road sources. In terms of the EPA’s risk study, Mr. Williams said that he believes that Mr. Moran’s characterization is pretty accurate as to how the EPA, based on the available data, categorized the risk from each source sector.

Jonathan Tinsley, REACT, said that the Board needs to implement the process to adopt the STAR Program as soon as possible. The main focus for REACT is the concern for the health and safety of the public. He said that Louisville has the most unhealthy air in the southeast region. The EPA expects to identify Jefferson County as violating the national standard for fine particulates. Kentucky ranks 3rd in the country for the highest incidence of heart disease with a rate of 616 per 100,000 people, according to the University of Louisville Center of Environmental Cardiology. He said that adopting the STAR Program is an urgent matter because we are talking about human lives.

The Reverend Withers, REACT, said that he wants to thank the Board members and all of the people who have come to this meeting because of their desire to make a change from the way that things are now. He said that people were dying because of the toxicity in the air and that he hopes the Board takes into consideration that we are dealing with human lives, and human lives are precious.

New Business

1. Agreed Board Order with 800 Condominiums, LLC

   Ms. Phelps said that the District recommends that the Board adopt the Agreed Board Order with 800 Condominiums, LLC, 800 Consultants, Inc., and American Invsco Development Corporation (the Responsible Parties), as proposed.

   Motion:	Mr. Hammond moved to adopt the Agreed Board Order with the Responsible Parties, as recommended by the District.

   Ms. Smith asked whether this Board had any authority over Kentucky OSHA. She was concerned that they have not done all they could do regarding the untrained workers who were instructed to remove asbestos. Ms. Smith also asked whether it would make sense for a representative of Kentucky OSHA to make, at some point, a presentation to the Board regarding the agency’s responsibilities in situations such as the 800 Building. Ms. Anderson responded that the Board does not have any jurisdiction over the Kentucky Labor Cabinet. She did agree that at some point it would be appropriate to ask a representative of Kentucky OSHA to make such a presentation to the Board.

   	The motion passed by unanimous consent.

2. Discussion on Construction Permit for thermal oxidizer for American Synthetic Rubber Company.

   Ms. Embry asked what residence time and temperature in the thermal oxidizer is necessary to achieve a 99.99% control efficiency. Mr. Musgnug responded that the ASRC officials don’t know the answer for whatever specific thermal oxidizer gets installed at ASRC. Mr. Goldsmith added that the District cannot give a realistic answer until stack testing of a specific unit takes place. He noted that the representative from the John Zink Company had indicated that it is quite possible to achieve a higher control efficiency than 99.5%. Generally, a higher temperature and greater residence time will result in a higher control efficiency. There is the point of diminishing return in that the increased fuel used to increase the temperature does not result in a corresponding degree of emission reduction. Additionally, increased temperature results in increased nitrogen oxides (NOx) emissions. Mr. Goldsmith said that he feels that the 99.5% is a realistic start towards reducing emissions from ASRC.

   Ms. Embry asked when the staff was scheduled to discuss the permit. Mr. Williams responded that they were to discuss that today. Ms. Embry requested that the staff get the information from the EPA as to what efficiency rate could reasonably be expected. She wanted to know how applicable the 99.99% would be to this particular process. Mr. Williams noted that the John Zink Company representative had stated that there are 2,000 John Zink thermal oxidizers in operation in the United States. Therefore, there certainly is a base of information and knowledge regarding thermal oxidizers in the country.

   Ms. Embry requested the staff to report back to the Board at their next meeting as to what they have learned on the maximum control efficiency that is expected to be achieved by using this technology.

   Ms. Smith commended the District staff and the company representatives for the work that has been done on this project. It was made very clear from the company representative that the technology is available to achieve better than a 99.5% control efficiency.

   Chair Cassidy commended the District staff for facilitating the roundtable meetings on the proposed construction permit.

Committee Reports

1. Strategy Committee

   Mr. Trout said the Strategy Committee met on September 23, October 4, October 11, and October 15, 2004. At the first meeting, the District gave an overview of the STAR Program. The second meeting focused on questions the Strategy Committee members had regarding the STAR Program. At the third and fourth meetings, the District led a detailed regulation-by-regulation explanation of the STAR Program. At the last meeting, the Strategy Committee passed a motion requesting the District to hold a series of roundtable discussions on the STAR Program to ensure that all stakeholders had an opportunity to present their recommendations on the STAR Program.

2. Air Quality Task Force

   Mr. Trout said that at the September 24th Air Quality Task Force meeting, the District summarized the information that had been presented to the Task Force to date, with an emphasis on the past, current, and projected future Louisville area ozone air quality and emissions. The Task Force established two committees, one to focus on the health effects of ozone and the other to review the ozone modeling that has and will be performed to give a better understanding of what the modeling predicts the ozone levels will be. The October meeting was rescheduled to the third Friday of November.

Staff Reports

1. Director

   Mr. Williams indicated that since Mayor Abramson announced the STAR Program on September 16 the District has participated in 26 meetings with approximately 650 people. The draft regulations and additional information, including the comments on the STAR Program received by the District, are posted on the District’s web site, which has received almost 1300 hits.

   Mr. Williams said that several other meetings to discuss the STAR Program are scheduled, including the Technical Round Table session for tomorrow. Friday will be held open as a carryover day for the Technical Round Table if there is interest in continuing the discussion. The District has met with every group, company, or individual who has requested a meeting to discuss the STAR Program. Mr. Williams said that he believes that these meetings have been very effective in providing an opportunity for the stakeholders to ask questions about the draft regulations and discuss issues. These meetings have provided a very dynamic process to continue getting input regarding the draft regulations. The District hopes to be ready to begin the staff review of the comments in the next few days. As discussed in the Strategy Committee meetings, the District has been organizing the comments in a way that will allow for an efficient and comprehensive review. The general goal is to complete the internal District staff review, which would include identifying any change the District believes would be appropriate, and have a revised set of draft regulations and responses to comments for consideration by the Strategy Committee in November. The District will then seek approval from the Strategy Committee to start the formal Public Review process.

   Mr. Williams noted that the end of the ozone monitoring season is October 31st and that it is very unlikely that the Louisville area will experience an exceedance of the ozone standard between now and the end of the month. The Kentucky Division for Air Quality has now determined that it believes there was an 8-hour ozone standard exceedance on August 2nd at the Shepherdsville (Bullitt County) monitor, reaching a maximum 8-hour average of 0.103 parts per million. The District had previously indicated that the only exceedance of the 8-hour ozone standard was at the Bates Elementary monitor on August 3rd.

   Mr. Williams said that there are indications from the EPA that the second part of the 8-hour ozone implementation rule will not be released until December of this year. He said that this implementation rule would establish the State Implementation Plan (SIP) requirements and would be helpful to the Air Quality Task Force in developing a recommended attainment plan. Additionally, the rule would establish whether a modeled attainment demonstration is required. This is important for planning purposes, not only because of the time and effort that would be required, but also the expense. Mr. Williams noted that the modeled attainment demonstration for the 1-hour ozone standard, which was done in the early 1990s, cost over $750,000.

   Mr. Williams said that the Louisville area has continued to experience lower concentrations of PM_2.5. The monitoring data show that the 2004 concentrations are the lowest in the six years that PM_2.5 has been monitored. The year-to-date reading through September is 15.1 µg/m³, which is just above the annual standard of 15.0 µg/m³. However, while the 2004 monitored concentrations are lower, the Louisville area is still not in compliance with the PM_2.5 standard and considerably more is needed to be done to protect public health.

   Mr. Williams indicated that there was an interesting and important conference in Louisville this past weekend hosted by the University of Louisville. Forty to fifty of the world’s best scientists regarding the connections between fine particles and public health, in particular, cardiovascular health, attended. There will be several scientific papers that come out of this conference and the District will provide the Board members with a copy when the papers are available. The University of Louisville is establishing itself as a center for environmental health issues, including both research and outreach.

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 10/11/2004  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 9/13/2004 through 10/10/2004  report was submitted for filing. A copy is attached to the original minutes.

Adjournment

The meeting adjourned at 11:33 a.m.  The next regular Board Meeting is Wednesday, November 17, 2004.