A meeting of the Strategy Committee of the Louisville Metro Air Pollution Control Board was called to order on August 17, 2005, at 8:30 a.m. in the First Floor Conference Room of the Louisville Metro Air Pollution Control District, 850 Barret Avenue, Louisville, Kentucky, by Chairman Lee Howard. Other Strategy Committee members present were Carolyn Embry and (ad hoc) Dr. Nadir Al-Shami. A quorum was present.
The following Louisville Metro Air Pollution Control District (District) staff members were present: Art Williams, Jon Trout, and Irene Stephenson. Also present were Assistant County Attorney Lauren Anderson and law clerk Allison Grant.
Guests in attendance were Dennis Conniff and Rachael Hamilton, Frost Brown Todd; Sharon Dodson, Louisville Gas and Electric Company; and Paige Mosser Theriac, Theriac Environmental Consultants, Inc.
Mr. Trout explained that the purpose of the draft action to amend the current version of this regulation is to add a definition of “peer review.” This term is used in Regulation 5.20.
Mr. Trout said that the District had received two comments during the informal comment period. One was from the U.S. Environmental Protection Agency (EPA), which stated that it had no comment. The other was from Dennis Conniff, Chair, Greater Louisville, Inc. Air Toxics Task Force, recommending the language used by the U.S. Department of Energy Office of Science and Technology, which includes the sentence, “A peer review shall be conducted by organizations or individuals who are experts in the scientific or technical issues under review and who are independent of those who performed the original work.” The comment suggested that the District’s draft definition could be interpreted as not allowing reviewers who are more technically competent than those who performed the original work.
Mr. Trout explained that various agencies have described “peer review,” but that the District believed that it was appropriate to base its definition on the description provided by the EPA. Mr. Williams said that the District, after further review of this issue, recommends the addition of a modifying phrase such as “at least” on line 124 to clarify this requirement.
Mr. Trout said that the District recommends that the Strategy Committee approve Regulation 5.01 Version #5, Draft #1 - External, July 21, 2005, with the addition of the phrase “at least” after the word “collectively” in line number 124, to start the formal Public Review process.
| Motion: | Ms.
Embry moved to approve Regulation 5.01, Version #5, Draft #1 -
External, July 21, 2005, with the addition of the phrase “at least” in
line number 124, as recommended by the District, to undergo the
formal Public Review process. The motion passed unanimously. |
|---|
Mr. Trout explained that the purpose of the draft regulation is to update the adoption and incorporation by reference of the federal regulations in 40 CFR 61 and 40 CFR 63 published in the July 1, 2004, version of the Code of Federal Regulations and any additions, corrections, or amendments to 40 CFR 61 and 40 CFR 63 published in the Federal Register since July 1, 2004.
Mr. Trout further explained that the Policy Committee will be asked later this morning to approve, to start the formal Public Review process, the update to Regulation 1.15, so that it references the 2004 version of the CFR.
Mr. Trout recommended that the Strategy Committee approve Regulation 5.02 Version #15, Draft #1 - External, August 10, 2005, to start the formal Public Review process.
| Motion: | Dr. Al-Shami moved to
approve Regulation 5.02, Version #15, Draft #1 - External, August 10,
2005, as recommended by the District, to undergo the formal Public
Review process. The motion passed unanimously. |
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The meeting was adjourned at 8:52 a.m.
________________________
Lewis Hammond
Chairman
_______/signed/_______
Jonathan L. Trout
Secretary-Treasurer