Minutes
Regular Meeting
of the
Louisville Metro Air Pollution Control Board

September 21, 2005

The regular meeting of the Louisville Metro Air Pollution Control Board was called to order September 21, 2005, at 9:35 a.m. in the Board Room of the Air Pollution Control District, 850 Barret Avenue, Louisville, Kentucky, by the Chair, Karen Cassidy. Other Board members present were Lee Howard, Lewis Hammond, Carolyn Embry, Barbara Sexton Smith, and 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, Jesse Goldsmith, Cynthia Lee, Dee Lynch, Terri Phelps, Eva Addison, Claudea Belcher, Arthur Chang, Chris Cunningham, Billy DeWitt, Phyllis Fitzgerald, Gary Flispart, Chris Gerstle, Marty Layman, Jenny Rhodes, Steve Taylor, and Tina Oakes. Also present were Bruce Traughber, Secretary, Cabinet for Community Development, and Assistant County Attorneys Lauren Anderson, Stacy Fritze, and Ashley May Nash.

The following guests were present: Mike DeBusschere, Kentuckiana Engineering Company; Brad Dillon, Greenbaum, Doll & McDonald; Sharon Dodson, Louisville Gas & Electric Company; John David Dyche, Southland Terrace Shopping Center, LLC.; Cheryl Fisher, Dupont; Corinne Greenberg, LFI; Rachael Hamilton, FBT; Paige Mosser Theriac, Theriac Environmental Consultants, Inc.; Jim Wade, Engelhard, and special guests Bob Offutt, Bill Sexton, June Parish Hicks, Frank Arnold, and Gayle Ballard, past District Directors, District employees, or Board members.

Introduction of New Staff Members

Mr. Williams introduced Claudea Belcher, Air Pollution Technician in our Air Monitoring Unit. She most recently worked with one of the large national telecommunications companies.

Approval of Minutes

The minutes of the August 17, 2005, regular meeting were approved as distributed.

New Business

1. Agreed Board Order with Hogan Development Company

   Ms. Anderson said that the District recommends that the Board adopt the Agreed Board Order with Hogan Development Company with minor wording changes that do not make substantive changes to the requirements.

   Motion:	Mr. Howard moved to adopt the Agreed Board Order with Hogan Development Company, as recommended by the District. The motion passed unanimously.

2. Agreed Board Order with Southland Terrace Shopping Center, LLC

   Ms. Anderson said that the District recommends that the Board adopt the Agreed Board Order with Southland Terrace Shopping Center, LLC, with minor wording changes that do not make substantive changes to the requirements.

   Ms. Embry asked whether the wording changes to the order would alter the company’s legal responsibilities regarding the workers. Ms. Anderson responded that these changes do not provide any immunity regarding the workers.

   Motion:	Ms. Embry moved to adopt the Agreed Board Order with Southland Terrace Shopping Center, LLC, as recommended by the District. The motion passed unanimously.

3. Amendment to Regulation 1.06 Stationary Source Self Monitoring, Emissions Inventory Development, and Reporting, Version #8, Draft #1 - Proposed, August 3, 2005

   Mr. Trout said the District recommends that the Board adopt Regulation 1.06, Version #8, Draft #1-Proposed, August 3, 2005, as proposed.

   Motion:	Ms. Embry move to adopt this amended regulation as recommended by the District. The motion passed unanimously.

4. Amendment to Regulation 1.15 Version of Federal Regulations Incorporated by Reference, Version #12, Draft #1 - Proposed, July 26, 2005.

   Mr. Trout said that the District recommends that the Board adopt Regulation 1.15, Version #12, Draft #1-Proposed, July 26, 2005, as proposed.

   Motion:	Dr. Al-Shami moved to adopt this amended regulation as recommended by the District. The motion passed unanimously.

5. Amendment to Regulation 5.01 General Provisions, Version #5, Draft #2 - Proposed, August 17, 2005.

   Mr. Trout said the District recommends that the Board adopt Regulation 5.01, Version #5, Draft #2-Proposed, August 17, 2005, as proposed.

   Motion:	Mr. Howard moved to adopt this amended regulation as recommended by the District. The motion passed unanimously.

6. Amendment to Regulation 5.02 Adoption of Federal Emission Standards for Hazardous Air Pollutants, Version #15, Draft #1 - Proposed, August 10, 2005

   Mr. Trout said that the District recommends that the Board adopt proposed Regulation 5.02 with the changes identified in Version #15, Draft #2 - Proposed - Revision 1, dated September 20, 2005, which includes additions to 40 CFR Part 63 Subparts FFFF and WWWW.

   Motion:	Mr. Howard move to adopt this amended regulation as recommended by the District to include two additional changes. The motion passed unanimously.

7. Amendment to Regulation 7.02 Adoption of Federal New Source Performance Standards, Version #12, Draft #1 - Proposed, July 26, 2005

   Mr. Trout said that the District recommends that the Board adopt proposed Regulation 7.02 with the change identified in Version #12, Draft #2 - Proposed - Revision 1, dated September 20, 2005, which includes an addition to 40 CFR Part 60 Subpart Da.

   Motion:	Mr. Howard move to adopt this amended regulation as recommended by the District to include one additional change. The motion passed unanimously.

8. Regulation 5.30 Time line and description of proposed stakeholder process

   Mr. Williams summarized the time line and description of the proposed stakeholder process, which was developed by the District as required by Regulation 5.30. He said that the District’s work will get underway hopefully within the next month with the hiring of one primary staff member who will be the District’s principle researcher. He said that the District will continue to plan for the stakeholder group and hold the first meeting in the same time frame. He explained that the focus of this stakeholder group is the development of the plan to assess and address the source categories identified in Regulation 5.30, which is different than the focus of the Strategic Toxic Air Reduction (STAR) Implementation Advisory Group, whose focus is on overall implementation of the STAR Program.

Committee Reports

1. STAR Implementation Advisory Group

   The STAR Implementation Advisory Group held its first meeting on August 23, 2005. The members discussed the purpose of the advisory group, established a general meeting schedule of monthly on the last Friday of the month immediately before the Air Quality Task Force meetings, and whether there was adequate representation of citizens, particularly citizens who live in the Rubbertown area. Mr. Williams said that additional representation of a Rubbertown resident is being considered. The purpose and status of the individual projects listed on the STAR Project tracking report was discussed. It was suggested that the District develop a STAR Program presentation for citizen groups.

2. Air Quality Task Force, Modeling Committee

   Mr. Trout said that the first meeting of the Air Quality Task Force Modeling Committee was held on September 2, 2005. The purpose of the Modeling Committee is to review the ozone modeling that has been finished and will be performed by the U.S. Environmental Protection Agency (EPA), the Lake Michigan Air Directors Consortium (LADCO) and the Association for Southeastern Integrated Planning (ASIP), to understand whether, and to what extent, the modeling demonstrates compliance with the 8-hour ozone standard for the Louisville area. Mr. Trout indicated that the District is participating in both LADCO and ASIP.

Staff Reports

1. Director

   Mr. Williams said that there has not been an 8-hour exceedance or air quality alert in the last month. He noted that the Ozone Report  includes several new graphs that visually depict the numerical information in the tables. The last graph, showing the Louisville area’s 8-hour ozone design value, is the most important because the EPA will use these data to determine attainment of the standard. Unless there are significant exceedances of the 8-hour ozone standard between now and the end of October, the Louisville area will have attained the standard and Kentucky and Indiana will seek redesignation to attainment.

   Mr. Williams said the PM_2.5 monthly average for August was 21.1 µg/m³. Louisville has had higher fine particle readings every month this year than were monitored for the corresponding months last year. Because of this increase, the Louisville area will not attain the PM_2.5 standard this year. Mr. Williams said that the EPA has finally proposed the fine particle implementation rule, which will, when finalized, establish the attainment demonstration requirements for nonattainment areas such as Louisville. The EPA is taking public comment on this proposed rule. Mr. Williams said that the District does not plan on filing comments unless requested to do so by the Board or Mayor’s office.

   Mr. Howard asked if the District staff has analyzed the fine particle monitoring data and developed an understanding of why this year’s monitored levels have been higher than last year. Ms. Lee responded that the District has not performed a statistical analysis of the data, but the District has observed that regionally there have been higher monitored fine particle levels this year and the meteorological conditions may be a contributing factor.

   Mr. Williams said that on August 22^nd the EPA sent a draft follow up letter regarding needed improvements in the District’s Title V program. He said that he expects a final letter detailing the required action plans, with a likely December due date, to be sent this week.

2. Air Quality Data

   The air quality monitoring reports were submitted for filing. A copy of each report is attached to the original minutes.

3. Enforcement Status

   The APCD Enforcement Status 09/14/2005  report was submitted for filing. A copy is attached to the original minutes.

4. Excess Emission Reports

   The Excess Emission Reports, 8/11/2005 Through 9/12/2005  report was submitted for filing. A copy is attached to the original minutes.

   The STAR Program Tracking report was submitted for filing. A copy is attached to the original minutes.

5. STAR Program Tracking Report

   The STAR Program Tracking Report  was submitted for filing. A copy is attached to the original minutes.

6. 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.

60 Years: From the Louisville Smoke Abatement Commission to the District

Mr. Williams said that the first air pollution agency in Louisville, the Louisville Smoke Abatement Commission, was started 60 years ago. He gave a brief history of the development of this agency into today’s Air Pollution Control District. Past Directors and other employees of the District and members of the Board who were present to help celebrate the 60 years of achievements of the District include Bob Offutt, Bill Sexton, June Parish Hicks, Frank Arnold, Gayle Ballard, Brad Dillon, and Mike DeBusschere.

Mr. Traughber, speaking on behalf of Mayor Abramson, thanked everyone for their contributions to improving our air quality and the Board members for their leadership and contributions to our community. He announced that Mayor Abramson has proclaimed today as the Air Pollution Control District’s 60^th Anniversary and urged all citizens to observe this special recognition. He presented to the Board a plaque displaying this proclamation.

Adjournment

The meeting adjourned at 10:01 a.m.  The next regular Board Meeting is Wednesday, October 19, 2005.