Minutes
Regular Meeting
of the
Louisville Metro Air Pollution Control Board
August 17, 2005
The regular meeting of the Louisville Metro Air Pollution Control Board
(Board) was called to order on August 17, 2005, at 9:02 a.m. in the Board Room
of the Louisville Metro Air Pollution Control District, 850 Barret Avenue,
Louisville, Kentucky, by Vice-Chairman Lee Howard. Board members Lewis
Hammond, Carolyn Embry, Barbara Sexton Smith, Dr. Nadir Al-Shami, and Sandra
Withers were present. A quorum was present.
The following Louisville Metro Air Pollution Control District (District)
staff members were present: Art Williams, Jon Trout, Jesse Goldsmith,
Eva Addison, Arthur Chang, Chris Cunningham, Billy DeWitt, Phyllis Fitzgerald,
Marty Layman, Cynthia Lee, Dee Lynch, Amy Osborn, Terri Phelps, Steve Taylor,
Irene Stephenson, and Michelle Stites. Also present were Assistant County
Attorneys Lauren Anderson, Stacy Fritze, and Ashley May Nash, and law clerk
Allison Grant.
The following guests were present: Dennis
Conniff and Rachael Hamilton, Frost Brown Todd; Tim Corrigan, Greater
Louisville, Inc.; Sara Lynn Cunningham, Kentucky Resources Council; Mike
DeBusschere, Kentuckiana Engineering Company; Brad Dillon, Greenbaum, Doll &
McDonald; Sharon Dodson, Louisville Gas and Electric Company; Cheryl Farr,
Arkema, Inc.; Winnie Hepler, REACT, Justice Resource Center; Tom Herman, Zeon
Chemicals; Tony Ratterman, Ratterman’s Funeral Home; Rich Robinson, American
Synthetic Rubber Company; Joel Stifflen, Alcoa Louisville Laminating;
Jim Wade, Engelhard; and Jim Wright, citizen.
The following Low Maintenance Lawn Care Juried Landscape Award Recipients
were present: Craig Belling, Lori Belling, Barbara Berman, Karen Bess, Joan
Brown, Portia Brown, Bill Holt, Kim Karnes, Sheldon Karnes, Ellen Lohmeyer,
Lena Lovo, Jane Margaret, John Pacyga, and Richard Wolford.
Introduction of New Staff Member
Mr. Williams introduced Allison Grant, a part-time law clerk employed by the
County Attorney’s Office and assigned to the District, primarily assisting the
legal team. Additionally, Mr. Williams announced that District staff members
Irene Stephenson and Amy Osborn are leaving the District and thanked them for
their service.
Public Recognitions
Ms. Fitzgerald introduced Tony Ratterman, Ratterman and Sons Funeral Home, a
Lawn Care for Cleaner Air Award recipient, and Portia Brown, of Simply
Natural, who assisted the Rattermans in converting an acre of land behind their
Cane Run Road site from mowed grass to a wildflower meadow.
Approval of Minutes
The minutes of the July 20, 2005,
regular meeting were approved as distributed.
Public Comment
Mr. Conniff complimented the Board on the STAR Program Projects list,
particularly the scheduling of workshops for the regulated entities. He
requested an advisory group or stakeholder process for the redrafting of the
leak detection and repair regulation. Mr. Williams responded that such a group
would be part of the process.
Committee Reports
Strategy Committee
Mr. Trout said that the Strategy Committee met at 8:30 a.m., August 17,
2005. The Strategy Committee reviewed draft Regulations 5.01 and 5.02 and
approved them to undergo the formal Public Review process. The District will
publish a legal notice, providing for the required 30-day public comment
period. The public hearing will be scheduled for before the September 21,
2005, Board meeting. The District anticipates recommending that the Board
take action on the proposed regulations at the September meeting.
Policy Committee
Mr. Trout said that the Policy Committee will meet immediately following
today’s Board meeting to review draft Regulations 1.06, 1.15, and 7.02. If
approved by the Policy Committee to undergo the formal Public Review
process, the proposed regulations would follow the same schedule as the
proposed regulations approved at today’s Strategy Committee meeting.
Air Quality Task Force
Mr. Trout said that the Air Quality Task
Force (AQTF) met on July 29, 2005. Councilwoman Mary Woolridge was named as
a new member of the AQTF. To date, the U.S. Environmental Protection Agency
(EPA) has published neither the Phase 2 implementation rule for the 8-hour
ozone standard nor the proposed implementation rule for the fine particulate
standard. These implementation rules, which will establish the requirements
for the State Implementation Plan (SIP) attainment demonstrations, are
needed for the AQTF to develop a recommended course of action to address the
standards. An AQTF committee is reviewing available ozone health effects
information, which may result in an AQTF recommendation to the Board to
implement a strategy with a more stringent goal than the EPA 8-hour ozone
standard. Mr. Trout noted that the AQTF will focus on developing an 8-hour
ozone strategy, with the goal of providing a recommendation to the Board by
the end of year. The next AQTF meeting is scheduled for September 30, 2005,
at 2:00 p.m.
Staff Reports
Director
Mr. Williams reported that there have been 14 exceedances of the 8-hour
ozone standard over 8 days. Although the 8-hour ozone season officially ends
October 31, from a practical sense, there is little likelihood that an
exceedance will occur after the middle of September. He said that the design
value including 2005 to date shows attainment of the 8-hour ozone standard.
Unless there is a significant increase in the design value based upon
exceedances over the next month or so, Louisville will be well-positioned to
seek redesignation to attainment of the 8-hour standard. Mr. Williams noted
that, although the 14 exceedances are up from the 2 exceedances on 2 days in
2004, the high temperatures this year are a factor. Mr. Williams said that
he believes that the NOx SIP call has had
a beneficial effect on Louisville’s air quality and, putting the information
from this year into perspective with the historical record, there has been
an overall downward trend in exceedances.
Ms. Embry asked if it would be a problem if Louisville fell back out of
attainment status, once we had achieved it. Mr. Williams said that if the air
quality reverts to unacceptable levels, the EPA has the authority to require
the implementation of contingency measures. Mr. Williams stated that while the
Louisville appears to have met the 8-hour ozone standard, compliance with the
standard is marginal, and we should continue to reduce ozone to protect public
health.
Mr. Williams reported on the selection process for the new Kentuckiana Air
Education (KAIRE) vendor. The top two vendors will give presentations, and the
District hopes to have a selection by November 1st. KAIRE will have a
booth at the Kentucky State Fair, beginning tomorrow. The Fair provides an
opportunity for the District to interact with thousands of people. The booth
is located in the Health Horizons section of the South Wing.
With respect to the PM2.5 standard, Mr. Williams noted that the
PM2.5 monthly average for every month this year has been higher than the
corresponding month last year.
Based upon the monitored values so far this year,
it does not appear that the Louisville area will attain compliance with
the PM2.5 standard this year.
Mr. Williams said that the District has written letters to twelve
individuals inviting them to be members of the STAR Implementation Advisory
Group (STAR IAG). The group will assemble on a monthly basis, and will be a
multi-stakeholder group. Mr. Williams said that he will make monthly reports
to the Board on the STAR IAG.
Mr. Williams said that the District expects a
letter from the EPA by the end of the month providing details on the request
for a proposed plan of action and timetable for addressing issues raised by
the EPA audit of the District’s permitting program.
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.
Air Quality Data
The air quality monitoring reports were submitted for filing.
A copy of each report is attached to the original minutes.
Enforcement Status
The APCD Enforcement Status 08/11/2005
report was submitted for
filing. A copy is attached to the original minutes.
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Excess Emission Report
The Excess Emission Reports, 7/12/2005 Through 7/10/2005
report was submitted for filing. A copy is attached to the original minutes.
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STAR Program Tracking Chart
Mr. Williams discussed the status of the projects included on the STAR
Program Projects report, dated August 16, 2005. A copy is attached to
the original minutes.
Juried Low-Maintenance Landscaping Design Competition Winners
A video tape of a program on Low Maintenance Lawn Care, featuring Phyllis
Fitzgerald of the District, was shown. The program lasts approximately 6
minutes and will be shown on Metro TV (Insight cable channel 25).
The winners in the Homeowner Division are:
- 2nd place - Lori and Craig Belling
- 1st place - Sheldon and Kim Karnes
The winners in the Sun Division are:
- 2nd place - Richard Wolford
- 1st place - Portia Brown
The winners in the Shade Division are:
- 2nd place - Barbara Berman
- 1st place - Joan Brown
The winners in the Mixed Sun and Shade Division are:
- 2nd place - Karen Bess
- 1st place - John Pacyga
Honorable Mention awards are: Lena Lovo, Bill Holt, Ellen Lohmeyer and Jane
Margaret, Karen Waters, and Holly Ann Wesolowski.
Adjournment
The meeting adjourned at 10:00 a.m. The next regular Board Meeting is
Wednesday, September 21, 2005, at 9:00 a.m.
_______/signed/_______
Karen Cassidy
Chair
_______/signed/_______
Jonathan L. Trout
Secretary-Treasurer