Minutes
Public Hearing
of the
Louisville Metro Air Pollution Control Board

November 17, 2004

A public hearing of the Louisville Metro Air Pollution Control Board (Board) was called to order November 17, 2004, at 9:00 a.m. in the Board Room of the Louisville Metro Air Pollution Control District, 850 Barret Avenue, Louisville, Kentucky, by Vice-Chairman Lee Howard.

General Statement, Rules, and Purpose

Vice-Chairman Howard read the opening announcement, rules, and purpose of the Public Hearing, which was to review one proposed regulation

1. Amendment to Regulation 6.43 Volatile Organic Compound Emission Reduction Requirements, Version #5, Draft #1 - Proposed, September 10, 2004

Lauren Anderson said that the District is not asking the Board to take any action on Regulation 6.43 today, but is seeking comments from the public regarding the proposed changes. The current Regulation 6.43 effects volatile organic compound (VOC) emission reductions from the 1990 baseline at Carbide Industries through the implementation of prescribed operating procedures. Because of the reduction in throughput and a loss of the previous customer for the acetylene that is produced by this process, Carbide Industries cannot comply with these operating procedures. Carbide Industries has asked the District for regulatory relief from the operating procedures in Regulation 6.43, but can meet an equivalent allowed emission rate by other means. Ms. Anderson said that Carbide Industries is willing to enter into an Agreed Board Order to establish this alternative allowed emission rate and undertake measures to further reduce emissions.

Ms. Anderson said that no comment was received by the District during the written comment period. She indicated that the District intends to come back to the Board in a month or two with a recommendation for action on the amendment to Regulation 6.43 and the Agreed Board Order that was the subject of a public hearing before the September 15^{th Board meeting.}

Statements

Carolyn Embry asked what the implications of the changes to the regulation would be.

Ms. Anderson responded that the changes to the regulation would simplify the requirements that apply only to Carbide Industries but would not change the allowed VOC emissions.

Ms. Embry said that during the September discussions, Mr. Williams had suggested several changes to the Agreed Board Order, including shortening the compliance schedule, establishing a deadline for finding a new customer for the acetylene, and increasing the reporting to the District. Mr. Williams responded that the District was going to revise the proposed order to include those details.

Barbara Sexton Smith said that her concern was waiting for the one-year deadline to replace the acetylene customer. During the September discussions, she said that she believed that it would be appropriate to require Carbide Industries to make periodic reports on their progress of finding a new acetylene customer rather than reporting only at the end of the one-year period. During the September discussions, a representative of Carbide Industries had expressed two concerns, one of not being able to comply with the requirements of Regulation 6.43 and the other of not having adequate storage capacity. Ms. Smith said that she is not sure that she is particularly willing to let that guide her decision making. Ms. Anderson responded that the District proposes to set up a meeting between representatives of Carbide Industries and some of the Board members to further discuss these issues.

Dr. Nadir Al-Shami asked whether the Company could find a way to dispose of the waste acetylene other than burning. Ms. Anderson responded that Carbide Industries is ultimately anticipating that they would have to dispose of the acetylene on site if they cannot find a customer.

Brad Dillon, representing Carbide Industries, said that important issues had been raised. He suggested that the proposed Agreed Board Order and amended Regulation 6.43 be scheduled for discussion at the next Strategy Committee meeting. All interested stakeholders would then have the opportunity to ask questions, discuss these issues, and develop a proposed resolution for subsequent Board action. He said that Carbide Industries is agreeable to this process and is anxious to resolve these issues.

Adjournment

The public hearing adjourned at 9:10 a.m.