Minutes
Regular Meeting
of the
Louisville Metro Air Pollution Control Board

May 18, 2005

The regular meeting of the Louisville Metro Air Pollution Control Board was called to order May 18, 2005, at 9:03 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, Scott Wegenast, Jess Goldsmith, Cynthia Lee, Eva Addison, Terri Phelps, Stacy Fritze, Ashley May Nash, Arthur Chang, Martha Gammons, Phyllis Fitzgerald, Marty Layman, Steve Taylor, Mike Brown, Dee Lynch, Doug Spillman, Chris Gerstle, Donald “D.J.” Fountain, Sara Patterson, Bo Fawbush, Chris Cunningham, and Irene Stephenson.

The following guests were present: Paige Mosser Theriac, Theriac Environmental Consultants, Inc.; Jonathan Tinsley, Rubbertown Emergency Action Education and Defense, Inc. (REACT); Tim Karnes, UFCW; Paul Howard, Tetra Tech EMI; Rachael Hamilton and Alison Waske, Frost Brown Todd; Sarah Scheetz, Louisville Gas & Electric Company; Jim Wade, Engelhard; Dennis Conniff, Greater Louisville Inc. (GLI) Air Toxics Task Force; Ben Hoene, Marathon Ashland Petroleum; Cheryl Fisher, E.I. DuPont; Corinne Greenberg, Linebach Funkhouser Inc. (LFI); Rocky Comito, UAW 862; Rich Robinson, American Synthetic Rubber Company; Susan Logsdon, Caldwell Tanks; Lisa Underhill, Lawn Care for Cleaner Air Award recipient; Clarence Dykstra, DuPont Dow Elastomers LLC; Tim Corrigan, GLI; Mike DeBusschere, Kentuckiana Engineering Company; Tom Herman, Zeon Chemicals; Winnie Hepler, REACT and Justice Resource Center; and Cheryl Farr, Arkema Inc.

Introduction of New Staff Members

Mr. Williams introduced Donald “DJ” Fountain and Chris Gerstle, Environmental Engineering Specialists. Mr. Williams also announced that Sara Patterson was promoted from Engineer I to Engineering Coordinator for compliance activities; Bo Fawbush was promoted from Technician I to Environmental Coordinator for emissions inventory; and Dr. Chris Cunningham was reassigned from the pollution prevention position to Environmental Coordinator for toxics monitoring.

Public Recognitions

Ms. Fitzgerald introduced Lisa Underhill, Lawn Care for Cleaner Air Award recipient, who has redesigned her yard in an environmentally friendly manner and has started a lawn care service using environmentally friendly equipment. She mows with a reel mower. Ms. Underhill thanked everyone for their support. She said that the recognition from receiving this award will help her with her service.

Approval of Minutes

The minutes of the April 20, 2005 Public Hearing and Regular Meeting  were approved as distributed.

Public Comments

Dennis Conniff, GLI Air Toxics Task Force (Task Force), said that the Task Force issues leaders met yesterday morning with the executive committee of Local 72 of the International Food and Commercial Workers Union and representatives of several other unions. A presentation was made regarding the Task Force’s concerns about the STAR Program, The Task Force’s proposed alternative, and the importance of these issues to this entire community. Mr. Conniff said that he had viewed the District’s web site and identified the steps in the rule-making process. Once the response to the formal comments come back before the Board, there are listed on the website many options which can include seeking additional public comment, modifying the proposed regulations, and other options. Mr. Conniff said that he is requesting once again that as the Board considers the STAR Program, Board members recognize the immense responsibility that they have to the entire community to engage in a deliberation process and full due process to make certain that what they are doing is done properly and in a way that will achieve the goals they intend and that the results will have good consequences for the entire community. He encouraged the Board members to carefully consider their options. In addition, he asked that the revised regulations are made available to the Board and the public at least ten days before the Board takes any action on the revised STAR Program.

Tim Karnes, UFCW, said that he is representing over 15,000 active employees in Jefferson County who are members of the UFCW, UAW, PACE, Local 263, Local 320, and Local 761. He indicated that he agrees with GLI’s proposals and asked that the Board go back through a full stakeholder process before adopting the STAR Program. In addition, he invited everyone to visit their plants, factories, and facilities to see how clean they are and the processes they go through to have clean air.

Unfinished Business

1. STAR Program Update

   Mr. Williams stated that there are a number of steps that the District goes through in the rule-making process, particularly in one of this magnitude and complexity. After the close of the public comment period, the District first identified the comments individually. The District has identified approximately 750 separate comments. These comments have been summarized in a format that makes them efficient to review. The District then developed initial responses for each comment, then reviewed those initial responses. Many comments highlight or suggest the need for changes to the regulations, therefore the District staff has considered the possibility of revisions to the regulations during the response review process. The District has reviewed all of the comments, responses, and potential changes that have been suggested, and has reviewed the preliminary regulatory impact assessment that goes along with the package. The District is now doing the final drafting and review of the package. With the current time line, the District will convene the Board in two weeks, roughly June 1, for an hour, and present the work that has been done, including the responses to comments, a recommended revised regulatory package, and any changes made to the preliminary regulatory impact assessment. With Board approval, the District will present a brief summary of any significant changes that would be proposed to the Board. Mr. Williams said that the District assumes that the Board might take several days after the initial presentation to review what is presented. The revised package will be rather large. The comment and response document is in excess of 300 pages, with about two comments and responses per page.

   Mr. Williams said that the District will be available to meet with the Board to explain more fully the recommended STAR Program regulations. After the appropriate and necessary Board member discussion, the Board may determine a schedule for considering action on the package. Mr. Williams said that the District hopes that the Board might be in a position to take action by the end of June.

   Chair Cassidy suggested that if staff presents the package on June 1, including a written executive summary, perhaps the Board members would need time to look at the package and get back together later for discussion.

   Ms. Embry noted that the scenario that Mr. Williams presented makes sense. She suggested that the entire Board continue to meet so everyone will have the same level of understanding.

   Mr. Howard asked whether the District felt comfortable at the level they are now with the revisions to the STAR Program that the program may accomplish reductions. Mr. Williams responded that the District staff is confident in the effectiveness of the revised package. Mr. Howard suggested that the dates be set for the whole Board to meet.

   The Board set the following schedule for considering the STAR Program regulations. On June 1 at 9:00 a.m., the Board will convene a special meeting for District staff to present the revised package with the executive summary and general overview of the most significant suggested changes. On June 14, 1:00 p.m. - 4:00 p.m., the Board will hold a special Board meeting to go more in depth on the revised package. On June 15 at 9:00 a.m., the Board will convene its regular monthly meeting with anticipated public comments and some Board discussion. On June 17, 1:00 p.m. - 4:00 p.m., the Board may, if needed, meet in a special meeting to further consider the revised package. On June 21 at 9:00 a.m., the Board will conduct a special meeting with the potential that it will take action on the STAR Program regulations.

New Business

1. Kentuckiana Air Education (KAIRE) 2005 outreach activities

   Mr. Williams said that the KAIRE Program continues to expand year after year and reach more people in the community. The design and focus of this program is to raise community awareness and understanding of air quality. In particular, the District seeks to build a constituency of people to focus on cleaner air and public health issues. Primarily, the KAIRE Program relates to the District’s efforts to address ozone and fine particulates.

   Mr. Wegenast presented a brief overview of the KAIRE Program, the District’s comprehensive community outreach and public education program. Its mission is to connect the public health effects of poor air quality with our choices as consumers and motivate community involvement for improving air quality and making air-friendly consumer choices. Part of the funding for KAIRE comes from the federal government through two grants, with the District contributing resources in terms of staffing administrative functions. Congestion Mitigation and Air Quality Improvement Program (CMAQ) funding is jointly administered by the Federal Highway Administration and the Federal Transit Administration as part of the Transportation Equity Act for the 21^st Century, which the U.S. Senate acted upon yesterday to re-authorize. CMAQ dollars are targeted for local and state air pollution control agencies and metropolitan planning organizations to reduce criteria air pollutants that derive from transportation-related sources.

   Mr. Wegenast added that KAIRE has a five-county outreach area under two contracts. District staff conducts outreach services across the Louisville media market, which encompasses Bullitt, Jefferson, Oldham, Clark, and Floyd counties. One contract is administered by the Kentucky Transportation Cabinet, and the other contract, for funding from the Indiana Department of Transportation, is administered by the Kentuckiana Regional Planning and Development Agency (KIPDA). KAIRE encourages new members and organizations to communicate regularly about air quality issues, including air quality alerts. This program now includes public education for both ozone and fine particulate issues, and incorporates the previous Ozone Action Day program. The Lawn Care for Cleaner Air Program recently developed a special insert in a local newspaper.

   The CMAQ grants require that specific performance measures be achieved and reported. KAIRE recently conducted focus-group research in December with the Paul Schultz Agency to help better identify where to focus messaging and what to emphasize in the revised media plan. Mr. Wegenast highlighted recent KAIRE outreach efforts including Earth Day events at the Falls of the Ohio in Indiana and the Louisville Zoo. Information was distributed at these events and 300 people registered to receive air quality information.. One of the identified media strategies is to build the KAIRE database through website promotions and on-site giveaways. One new giveaway is a tire gauge to focus attention on the importance of keeping car tires properly inflated, which helps vehicles operate more efficiently and be less polluting. Mr. Wegenast said that the KAIRE program has a robust goal to achieve a 75% market reach to the primary demographic group of 18-34 year olds. The secondary focus group is 35-54 year olds. At the Louisville Zoo Earth Day event, District staff members demonstrated CLAIRA, the clean air car, and used displays promoting the Lawn Care for Cleaner Air Program.

   Ms. Smith asked how many of the 300 people were younger than 18 years old, whether a person becomes a member once they sign up on the sheet, and how many members have signed up. Mr. Wegenast responded that information is collected on the form, which creates a list of contacts to which informational e-mails are sent out. Presently an estimated 2,000 people are in the database.

   Ms. Smith asked how the District can increase the participation of the people registered with KAIRE in clean air issues. Mr. Williams noted that the term “members” is used to indicated how many people have registered with the KAIRE database. Registering with KAIRE has not been pitched to the public as a membership, just an opportunity to receive air quality information. Ms. Smith encouraged the District to consider true membership because she said that America is a nation built on a sense of belonging.

   Ms. Smith asked how many Title V permit holders and GLI members are KAIRE members. She suggested that there is an opportunity for businesses to become more involved with KAIRE activities and promote them internally. Mr. Wegenast responded that KAIRE does have employer-based contacts in the database. The primary focus had been on Ozone Action Day contacts within companies. Ms. Smith encouraged staff to consider having an official KAIRE coordinator on-site at large employers.

   Mr. Wegenast noted that one additional activity with the Division of Air Quality is in October at the Adam Matthews Cheesecake Balloon Glow. KAIRE is exploring ways to promote a gas cap replacement program. Mr. Wegenast said that KAIRE’s future printed materials will stress the relationship between poor air quality and adverse health effects, particularly on children and people with compromised respiratory systems. There are a number of upcoming KAIRE community events, including the Earth Save: Healthy People, Healthy Planet Festival this weekend at Slugger Field and a festival in Jeffersonville, Indiana. Tomorrow is the official Air Quality Awareness Campaign Kickoff at Jefferson Square Park with Mayor Abramson, Dr. Adewale Troutman, Art Williams, and Jane Walsh, a parent of a child with asthma.

Staff Reports

1. Director

2. Mr. Williams noted that during 2003 there were 374 Lawn Care for Cleaner Air rebates. In 2004 there were 991. The expectation is that the number for rebates in 2005 will exceed the number in 2004. He said that this continues to be a very important program that improves air quality.

   Mr. Williams announced that the District received a $25,000 grant from the U.S. Environmental Protection Agency (EPA). This notable achievement is called the Juried Landscape Award, and is the first one in the nation like this. This grant was awarded because of the Lawn Care for Cleaner Air Program. The District had earlier received the national EPA Innovations Award for the Lawn Care for Cleaner Air Program. The District has begun advertising since receiving the $25,000 grant and inviting people to submit environmentally friendly landscape design proposals for residential and commercial properties. A cash award will be given to the winner of each category and a stipend will also be given to implement the design. The EPA intends to expand the program nationally and will promote the winning designs with other communities around the country.

   Mr. Williams said that last week the federal Clean Air Interstate Rule (CAIR) went into effect. The CAIR accomplishes through regulation what President Bush’s Clear Skies Program was intended to do through legislation but failed to be enacted by Congress. The CAIR establishes schedules for reductions over a several-year period of key pollutants related to ozone, particulates, and mercury. The CAIR will be implemented at the federal and state levels; there is not a requirement for the District to implement CAIR.

   Mr. Williams said that the State of California has just revised its ozone standard, the most stringent in the nation, driven by the goal to protect children’s health. Research indicates that some respiratory diseases, including asthma, may not only be made worse by air pollution, but may actually be caused by ozone. More detailed information will be presented to the Air Quality Task Force, which was established to identify, evaluate, and recommend strategies to the Board for addressing ozone and fine particle issues.

   Mr. Williams noted that Duke Energy is acquiring or merging with Cinergy Systems. Last year, Mayor Abramson reached an agreement with Cinergy for Cinergy to make substantial upgrades at the Gallagher plant, most notably installing particulate emission controls. Cinergy has filed with the Indiana Utility Regulatory Commission for a rate increase to finance these upgrades. Mr. Williams said that the District is generally hopeful and confident that the merger of Duke Energy and Cinergy will not derail the upgrade project. The CEO of Cinergy, Jim Rogers, is becoming the president and CEO of the combined company.

   Mr. Williams noted that the ozone report through May 8 indicates no exceedance of either the 1-hour or 8-hour ozone standard. There was one monitored 8-hour ozone average on April 17 of 80 ppb and another monitored average on May 8 of 83 ppb, both at the Buckner monitor. These monitored averages are close to the 84 ppb 8-hour ozone standard; a monitored average above this is an exceedance.

   Mr. Williams noted that, so far this year, the monthly monitored average for fine particulates 12.9 µg/m³. This average is a little higher than last year’s average of 11.5 µg/m³. Through the 28 months combining 2003, 2004, and the first four months of 2005, the monthly average is 14.7 µg/m³. To attain the annual fine particulate standard of 15.0 µg/m³, which is an three-year average, the monitored values for the remaining eight months of this year would need to average no more than 16.0 µg/m³. For the same eight-month period last year, the average was 15.4 µg/m³; for the last eight-month period of 2003, the average was 16.1 µg/m³.

   Mr. Williams said that Secretary Wilcher, Secretary, Environmental and Public Protection Cabinet, has decided to continue the state’s $150,000-a-year funding for the West Jefferson County Community Task Force and the University of Louisville monitoring program, which includes the operation and maintenance of six air toxics monitors and the laboratory for analyzing the monitored samples. All three of these had been in jeopardy because the state had been looking at discontinuing that funding.

   Mr. Williams said that Mayor Abramson was one of 132 mayors nationwide to sign a resolution on climate change initiatives. The resolution, promoted by the Mayor of Seattle, includes a list of agreements, targets, tasks, and goals identified by the U.S. Conference of Mayors.

   Mr. Williams noted that General Electric announced a major new corporate strategy initiative called “Ecomagination.” This initiative is a thread that will run through many of its business units for the foreseeable future, focused on developing environmentally beneficial products for the world, including cleaner power plants, cleaner airplane engines, and cleaner locomotives, and developing wind power, solar power, and other clean power initiatives. This is a real opportunity for GE’s business to help move us toward cleaner energy sources and more efficiency in how we use energy.

   Mr. Williams said that last month he reported that the District was planning to file a formal administrative action against a company using the District’s new administrative hearing mechanism. The District has filed an administrative complaint against Louisville Paving for numerous alleged violations. The hearing officer has set a preliminary telephone conference hearing for June 6. Mr. Williams said that the District is pleased to have additional capabilities to resolve issues of alleged non-compliance more effectively for the Board and the community.

   Mr. Williams said that the Kentucky Division for Air Quality, to address a permitting backlog, has entered into contracts with two companies to out-source some of the Division’s permitting work. The District also has a backlog, and the District will track the Division’s results and determine whether an approach like this has any merit for the District.

   Mr. Williams indicated that the District is in the midst of the budget process for the fiscal year beginning July 1. Mayor Abramson will announce his proposed budget on May 26. The District is currently scheduled to make a presentation to the Metro Council, Appropriations/ Finance & Administration Committee, on June 7.

   Ms. Embry asked whether there was any money in the budget for the STAR Program beyond what was allocated last fiscal year. Mr. Williams responded that last year, the District was authorized for five positions and have continued to identify additional resource needs for the STAR Program. Until this Board takes action on the STAR Program regulations, there is no certainty as to what will be included in the budget.

   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 05/11/2005  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 04/12/2005 through 05/08/2005  report was submitted for filing. A copy is attached to the original minutes.

Adjournment

The meeting adjourned at 10:06 a.m.  The next special Board Meeting is Wednesday, June 1, 2005, at 9:00 a.m., followed by a second special meeting on Tuesday, June 14, 2005. The next regular Board meeting is Wednesday, June 15, 2005, at 9:00 a.m. [Note, all of these meetings will be held at Memorial Auditorium.]