The regular meeting of the Louisville Metro Air Pollution Control Board was called to order June 1, 2005, at 9:15 a.m. in the First Floor Lobby of Memorial Auditorium, 970 South 4th Street, Louisville, Kentucky, by the Chair, Karen Cassidy. Lee Howard, Barbara Sexton Smith, and Carolyn Embry were also present. A quorum was present.
The following Louisville Metro Air Pollution Control District (District) staff members were present: Art Williams, Jon Trout, Lauren Anderson, Scott Wegenast, Chris Cunningham, Michelle Stites, and Irene Stephenson. Rebecca Fleischaker Couch, Cabinet for Community Development, was also present.
The following guests were present: Ben Hoene, Marathon Ashland Petroleum; Alice Simpson and Susan Clark, Noveon; Paige Mosser Theriac, Theriac Environmental Consultants Inc.; Susan Logsdon and Wilson Frazier, Caldwell Tanks; Jonathan Miller, DuPont Dow Elastomers L.L.C.; Mike Zimmer, Trinity Consultants; Rachael Hamilton, Frost Brown Todd LLC; Rich Robinson, American Synthetic Rubber Company; Jim Wade, Engelhard Corporation; Sarah Lynn Cunningham, Kentucky Resources Council; Brad Dillon, Greenebaum, Doll & McDonald; Corinne Greenberg, Linebach Funkhouser Inc.; Greg Long, Ford - Louisville Assembly Plant; Tom Herman, Zeon Chemicals; Sarah Scheetz, Louisville Gas & Electric Company; Tim Corrigan, Greater Louisville Inc.; Jerry Balos, Aker Kvaerner; Barbara Hall; Ford - Kentucky Truck Plant; Melissa Mormon, River Fields; Edward Dusch, Louisville Medical Center - SCW Plant; Mark Klan, Environmental Toxicology O.R.A.; Jonathan Tinsley, Gracie Lewis, and Tim Duncan, Rubbertown Emergency Action Education and Defense, Inc. (REACT); Cheryl L. Farr, Arkema; Don Neman, Rohm and Haas; Greg Brotzge, Kentucky Paint Council; Joan Lindop, Sierra Club; James McDonald, URS Corporation; Dennis Karl and Heidi McKenzie, Ford; Cheryl-Lynne Patrick, Brown Forman; Winnie Hepler, Justice Resource Center - REACT; and Stephanie Holleman, Süd-Chemie.
Chair Cassidy noted that the only item of business for today’s meeting was a presentation by the District to the Board on the recommended changes to the proposed STAR Program regulations. The Board will not be taking public comments.
Mr. Williams made the following statement:
Thanks for being here today as we present to you and the public suggested revisions to the STAR program regulations for your consideration. We propose to be here for all of the scheduled meetings in June. This venue gives us a bit more elbow room to better accommodate attendees.
This will probably be a fairly brief meeting. We want to get the documents to you today with a brief introduction and overview and then give you a few days to delve into the material. Then, when we get together on the 14th and 17th, we’ll go through the key suggested regulation changes in detail. Within the next week, we’ll provide to you and post on our web site a brief summary of the proposed changes to the regulations. The responses to comments, of course, do identify and discuss those changes but I think it will be helpful to have those compiled in a summary form.
With the changes we have suggested we retain the overarching focus as protecting public health.
And, the STAR program will help us strengthen our economic health. In fact, just in the last few months, since the STAR program was initially released, the community has seen Rohm and Haas make substantial new investments here, we have landed the Maverick Tube manufacturing facility at Riverport, UPS has announced a major expansion, Chevron is consolidating and expanding it’s operations in the Rubbertown area and Leo, the steel manufacturer, has renewed it’s plans to locate a major manufacturing operation here. Plus, there are many other such expansions in the wings.
Companies are learning that they can expand and grow with the STAR program in place. That clean air is good business.
The changes we are suggesting strengthen the proposed STAR program in at least two ways.
First, we add a significant, new substantive requirement that if a company models it’s emissions at above the goals and wants to request a modification to be allowed to remain above the goals it must demonstrate that it has applied the best available technology for toxics.
In the earlier proposal the company only had to demonstrate that it had considered the application of best technology but didn’t have to actually apply it.
Second, through the various other suggested changes we add clarity, certainty and appropriate flexibility all of which, together, strengthen the program.
In today’s package, we retain the key elements of the STAR program presented to you in January. There are no significant changes to the chemicals or sources to be regulated. The timeframes and non-cancer risk levels are slightly adjusted but taken together with the added requirement of applying best technology the program continues as a rigorous and effective program.
There are two items I want to highlight. We are suggesting pulling Regulation 1.21 on Leak Detection and Repair from this package, at this time, working on it some more and resubmitting it later.
Also, as we are still in the budget process for the next fiscal year, we will bring to you as soon as we can a revised Regulation 2.08 to identify and propose any appropriate changes in permit fees.
So, we provide you today the three components of the proposed STAR program: the comment and response document, the suggested changes to the regulations and the revised RIA with a response to comments document for it as well.
I believe we identified over 600 separate comments, not counting LDAR. The response to comment document is a little over 300 pages long and follows the same format that we used for the informal package last fall.
The suggested changes to the regulations have new language double-underlined and deleted language double underlined with a line through it.
And, there is additional, new material in the RIA including cost concerns from some of the companies.
All this will be up on our web site during the course of today.
So, that’s my brief overview and introduction to the package. I’d be glad to try to answer any general questions you might have.
Ms. Embry said she thought the District’s plan was to walk through the major changes that are in the package. Mr. Williams responded that he believed that it would be more beneficial to provide just the highlights of the recommended changes and then start with a more detailed discussion at the June 15th special Board meeting after the Board members had time to review the changes and the comment/response document. The basis for the recommended changes are explained in the comment/response document, generally under the specific section of the regulations, although some of the recommended changes are described in responses to general comments. He said that the District would prepare a more detailed summary of the recommended changes and provide this to the Board members within the next few days.
Ms. Smith asked when this summary would be available so she can schedule a time to review the document. Mr. Williams responded that the summary of the regulatory package would be e-mailed to each Board member by noon on Friday. It will also be posted on the District’s website.
Ms. Embry thanked the District staff for all the many hours, days, and months of work this represents. She said that the community is fortunate that the District has these staff members. She commended Mayor Abramson for his leadership in the development of the STAR Program. She said that since the Board is just getting the package, the Board members don’t really know what the changes are. It is important for the Board to recognize that, at this point, they have not had any input into the final draft. She said that this is not a criticism of anyone, just that they have not been a part of the review process. Now that the STAR Program regulations are going forward, it is an appropriate time for the Board to have input on the issues. She asked the Board members to carefully review the package and not just rubber stamp the District’s recommendations. The Board now has the option of approving the package as presented, but also has the option of looking at the various aspects of the changes that are recommended and shaping the final regulations.
Ms. Smith asked Mr. Williams whether there would be opportunity for interested stakeholders to discuss the recommended package with the District. Mr. Williams said the District would be happy to meet with individual groups that would like more details over the next couple of weeks. He said that he believed that these meetings would be more useful if they were with individual stakeholders who requested a meeting with the District rather than to hold public forums as was done with the draft STAR Program regulations last fall. Ms. Smith encouraged all interested stakeholders to make use of this opportunity.
Dr. Cassidy reminded the audience that the next several Board meetings will be held at the Memorial Auditorium. The next special Board meeting is Tuesday, June 14 at 1:00 p.m. The next regular Board meeting is Wednesday, June 15 at 9:00 a.m. A special Board meeting may be held, if necessary, on June 17, at 1:00 p.m. A special Board meeting is scheduled for Tuesday, June 21, at 9:00 a.m.
The meeting adjourned at 9:33 a.m.
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Karen Cassidy
Chair
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Jonathan L. Trout
Secretary-Treasurer