Minutes
Regular Meeting
of the
Louisville Metro Air Pollution Control Board

July 20, 2005

The regular meeting of the Louisville Metro Air Pollution Control Board was called to order July 20, 2005, at 9:05 a.m. in the Board Room of the Air Pollution Control District, 850 Barret Avenue, Louisville, Kentucky, by Vice Chairman Lee Howard. Chair Karen Cassidy arrived shortly thereafter. Board members Lewis Hammond, Barbara Sexton Smith, Dr. Nadir Al-Shami, Sandra Withers, 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, Jess Goldsmith, Cynthia Lee, Dee Lynch, Arthur Chang, Eva Addison, Steve Taylor, Chris Cunningham, Billy DeWitt, Phyllis Fitzgerald, Marty Layman, Michelle Stites, Sara Patterson, Amy Osborn, and Irene Stephenson. Also present were Assistant County Attorneys Lauren Anderson, Ashley May Nash, and Stacy Fritze.

The following guests were present: Paige Mosser Theriac, Theriac Environmental Consultants, Inc.; Rachael Hamilton and Dennis Conniff, Frost Brown Todd LLC; Kevin Spangler, Oxy Vinyls, LP; Jim Wade, Englehard; Sarah Scheetz, Louisville Gas and Electric Company; Brad Dillon, Greenebaum, Doll & Mc Donald; Barbara Hall, Ford - Kentucky Truck Plant; Tim Duncan, Rubbertown Emergency Action Education and Defense Inc. (REACT); Winnie Hepler, REACT and Justice Resource Center; Cheryl L. Farr, Arkema; Joel Stifflen, Alcoa - Louisville Laminating; and Casey Hennessy, Lawn Care for Cleaner Air Awards recipient.

Introduction of Promoted Staff Member

Mr. Trout introduced Billy DeWitt, who was promoted to Environmental Coordinator. He will be doing computer dispersion modeling in one of the Strategic Toxic Air Reduction (STAR) Program positions.

Public Recognitions

Ms. Fitzgerald introduced Casey Hennessy, Lawn Care for Cleaner Air Award recipient. Mr. Hennessy is a fire fighter, employed by Metro Government, who also provides a pollution-free mowing service. He uses a reel mower, a solar-powered trimmer, and a solar-powered weed eater.

Approval of Minutes

The minutes of the February 16, 2005, Public Hearing, June 15, 2005, Regular Meeting, and June 21, 2005, Special Meeting were approved as distributed. Ms. Embry asked whether there was an abstention vote on Amendment No. 14, because the minutes of the June 21, 2005, Special Meeting identified five votes in favor and one vote against the amendment. Mr. Trout explained that only six votes were identified by several District staff members for this amendment; there was not an overt abstention declared by a Board member.

Unfinished Business

1. Draft definition of “peer review”

   Mr. Trout noted that the Board, at the June 21, 2005, Special Meeting, had requested that the District develop a draft definition of the term “peer review.” The definition recommended by the District is based upon the explanation of peer review contained in the U.S. Environmental Protection Agency (EPA) Science Policy Council’s Peer Review Handbook. He said that the District intends to schedule a meeting of the Strategy Committee within the next few weeks to review this draft definition and start the formal Public Review process to include this definition in Regulation 5.01. He said that the District will also have draft changes to several other regulations, updating the incorporation by reference of federal regulations.

   Mr. Trout explained that the normal process for regulation changes starts by sending a draft regulation to a broad stakeholder group, comprised of members of the public, government, and industry, providing an informal opportunity for review and comment. The draft regulation is then discussed by a Board committee. If approved for the Public Review process, a legal notice is published, announcing a 30-day written comment period and a public hearing before the full Board.

New Business

Mr. Howard requested that the District provide a recommended action plan on addressing the permit backlog. Mr. Trout responded that EPA Region 4 did an audit of the District’s permit program two months ago and recently sent a report of its findings. Among the issues addressed in the report are the failure to issue all initial Title V permits and backlogs in issuing construction permits and taking enforcement actions. The EPA will, in the next few weeks, provide additional guidance to the District on these issues and will work with the District in developing a plan and timeline to address these issues. Because this work with the EPA will include addressing the permit backlog issue, Mr. Trout suggested that the Board defer to this EPA process. He said that the District has already met internally to discuss these issues. The District will keep the Board members apprised of additional information provided by the EPA and the ensuing plans and timelines.

Committee Reports

1. Air Quality Task Force

   Mr. Trout said a meeting of the Air Quality Task Force is scheduled for Friday, July 29, 2005, from 12:00 p.m. to 2:00 p.m. The District will be giving updates on health information, the status of the EPA’s ozone and fine particulate implementation rules, the EPA’s five-year review of these standards, the revised California ozone standards, the EPA’s Clean Air Interstate Rule (CAIR) that addresses both ozone and fine particulates, and what levels the District has monitored this summer for ozone and fine particulates.

Staff Reports

1. Director

   Mr. Williams said the District will develop a project management system for implementing the STAR program. Once the tracking chart is prepared, it will be distributed on a monthly basis at Board meetings. Among significant initial tasks will be to address the hiring of staff for implementation, the continuation of work on the Leak Detection and Repair (LDAR) regulation, program fees, and the implementation of Regulation 5.30 relating to other source categories.

   Mr. Williams noted that he had recently attended the EPA’s National Community Involvement Conference, held in Buffalo, New York, providing information on the STAR Program. He and a representative from Portland, Oregon, were part of a panel that featured notable local air toxics programs.

   Mr. Williams reported on two resolutions that were considered at the July 14th Louisville Metro Council meeting. One resolution, sponsored by Councilwoman Mary Woolridge, endorsed the STAR Program and urged its successful implementation. That resolution was favorably adopted on a 13-11 vote along party lines. The second resolution, sponsored by Councilman James Peden, urged a delay of the STAR Program pending an economic impact analysis of the STAR Program. The resolution was amended in committee to remove the delay provision, but the full Council defeated that amendment. The resolution was defeated 9-15, with two Republican Council members, Councilman Downard and Councilman Kramer, voting with the majority to defeat the resolution.

   Mr. Howard asked how long Portland, Oregon, has implemented its program. Mr. Williams responded that their program focuses primarily on mobile sources. Oregon is pursuing opportunities to retrofit devices on a range of diesel vehicles, including municipal fleets, public transit vehicles, and school buses, and to use ultra-low-sulfur diesel fuel. Like the District, Oregon has used the MOBILE model version 6.2 for developing a mobile source toxics emissions inventory. Mr. Howard requested that the Board be provided with a copy of the Oregon report.

   Mr. Williams said that so far in 2005 there has been a total of eight exceedances of the 8-hour ozone standard in the Louisville area that occurred on three days.

   Mr. Williams noted that the PM_2.5 monitoring update report indicates that the June monitored concentrations were higher compared to the June monitored concentrations for the last two years, which has pulled the average PM_2.5 readings upward from the trend in the last few months.

   Ms. Embry asked whether the District had evaluated the causes of the PM_2.5 increases this year. She said that it would seem with the NO_x SIP Call that we could have anticipated those numbers going down instead of up. Ms. Lee responded that she had spoken with staff members of the Kentucky Division of Air Quality and they have likewise had higher monitored PM_2.5 concentrations, which is consistent with the PM_2.5 monitored concentrations experienced in the entire region. Much of the increase is considered to be weather related.

   Mr. Williams reported that the District had received seven responses to the request for proposal on a new Kentuckiana AIR Education (KAIRE) contract. A vendor is to be hired and paid for with federal Congestion Mitigation and Air Quality Improvement Program (CMAQ) money to assist with the KAIRE outreach program. The District is in its fourth year of a contract with the Paul Schultz Company. The District will now evaluate those bids and make a recommendation to the Purchasing Department. Mr. Williams said that it is hoped to have a new contract in place by November 1, for the planning cycle for the ozone season next year.

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 07/12/2005  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 06/08/2005 through 07/11/2005  report was submitted for filing. A copy is attached to the original minutes.

Adjournment

The meeting adjourned at 9:38 a.m.  The next regular Board Meeting is Wednesday, August 17, 2005, at 9:00 a.m.