Minutes
Regular Meeting
of the
Louisville Metro Air Pollution Control Board

October 19, 2005

The regular meeting of the Louisville Metro Air Pollution Control Board was called to order October 19, 2005, at 9:10 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, 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, Chris Cunningham, Billy DeWitt, Bo Fawbush, Phyllis Fitzgerald, Martha Gammons, Marty Layman, and Tiffani Jackson. 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, GLI; Mike DeBusschere, Kentuckiana Engineering Company; Brad Dillon, Greenbaum, Doll & McDonald; Tim Duncan, REACT; Cheryl Farr, Arkema; Cheryl Fisher, E. I. DuPont; Corinne Greenberg, LFI; Frank Kennedy and Rich Robinson, American Synthetic Rubber Company; Stephanie Holleman, SCI; Jonathan Miller, DuPont Performance; Larry Riddell, Covenant Industries; Michael Shiney and Kevin Spangler, OxyVinyls; and Paige Mosser Theriac, Theriac Environmental Consultants.

Introduction of New Staff Member

Mr. Williams introduced Tiffani Jackson. Ms. Jackson will fill one of the permit engineer positions.

Public Recognitions

Mr. Trout, who is a member of the Kentucky Small Business Stationary Source Compliance Advisory Panel (Panel), provided a brief basis and history of the Panel’s Air Quality Stewardship Award Program for small businesses. An award this year was given to Covenant Industries for its program to significantly reduce the use of styrene in its bathtub manufacturing process. Mr. Trout introduced Larry Riddell, president and owner of Covenant Industries, and displayed the award given by the Panel.

Approval of Minutes

The minutes of the September 21, 2005, public hearing and regular meeting were approved as distributed.

Public Comment

Mr. Conniff, representing the Greater Louisville, Inc., Air Toxics Task Force, said the Task Force had submitted informal comments to the District regarding the draft amendments to Regulation 2.08 and had asked that those informal comments be provided to the Board members. Mr. Trout indicated that those comments had been given to the Board members. Mr. Conniff suggested that the District prepare a monthly status report on the permit back log.

Unfinished Business

In response to a request for follow up information regarding the workers who had been exposed to asbestos during improper demolition at the Southland Terrace Shopping Center, Ms. Anderson said that Kentucky OSHA had been given names and addresses of the exposed employees, but the information turned out to be false and the employees were not located. Ms. Anderson said that they had contacted the Louisville Metro Health Department, but the staff member who had originally investigated this issue has retired and his replacement was not able to confirm or deny whether any follow up investigation had been done.

New Business

1. Agreed Board Order No. 05-06 with OxyVinyls, LP

   Ms. Phelps said that the District recommends that the Board adopt Agreed Board Order No. 05-06 with OxyVinyls.

   Motion:	Mr. Hammond moved to adopt the Agreed Board Order with OxyVinyls, as recommended by the District. The motion passed unanimously.

2. Agreed Board Order No. 05-07 with The Courier-Journal and Louisville Times

   Ms. Phelps said that the District recommends that the Board adopt Agreed Board Order No. 05-07 with The Courier-Journal and Louisville Times with minor wording changes from what was originally proposed. An additional paragraph indicates that The Courier-Journal denies improper removal of asbestos material and did not contact the police or conduct a formal internal investigation.

   Motion:	Mr. Howard moved to adopt the Agreed Board Order with The Courier-Journal and Louisville Times, as recommended by the District. The motion passed unanimously.

3. Election of Board Officers

   Mr. Hammond said that the nominating committee met and recommends Dr. Cassidy for reelection as Chair and Mr. Howard for reelection as Vice-Chair. There were no other nominations for either Chair or Vice-Chair, so Dr. Cassidy was elected Chair and Mr. Howard was elected Vice-Chair by unanimous consent.

Committee Reports

1. Policy Committee Report

   Mr. Trout said that the Policy Committee met on October 12, 2005, and approved amended Regulation 2.08 to undergo the formal Public Review process. The amendments would provide funding of part of the Strategic Toxic Air Reduction (STAR) Program. The written public comment period started on October 13, 2005, and will end on November 11, 2005. The public hearing will be on November 16, 2005.

2. STAR Implementation Advisory Group

   Mr. Trout said that, as a result of a request to add a Rubbertown area resident to the STAR Implementation Advisory Group, Ms. Eboni Cochran was added as a member. At the September 30, 2005, meeting, the advisory group discussed in detail the STAR Program Projects report that was given to the Board last month.

3. Air Quality Task Force

   Mr. Trout said information on the U.S. Environmental Protection Agency’s (EPA’s) Clean Air Interstate Rule and support modeling was presented to the Air Quality Task Force at the September 30, 2005, meeting. The Louisville area is expected to be in attainment for the 8-hour ozone standard. Information regarding the modeling being performed by the two regional modeling groups, the Lake Michigan Air Directors Consortium (LADCO) and the Association for Southeastern Integrated Planning (ASAP), was also presented. He said that the EPA has now proposed the implementation rule for fine particles. The proposed rule includes a list of reasonably available control measures (RACM) and the EPA would expect nonattainment areas to consider whether any of the listed measures could be reasonably implemented to reduce fine particles or precursor emissions. The Task Force will be reviewing those and other measures. The Task Force’s Health Effects Committee will meet next week to review the newest EPA report on the current ozone standard and the newly adopted California 8-hour ozone standard.

Staff Reports

1. Director

   Mr. Williams said the PM_2.5 monthly report shows that the monitored concentrations were approximately 10% higher in September 2005 than they were in September 2004. Every month so far in 2005, the PM_2.5 monitored concentrations have been higher than the corresponding month in 2004.

   Mr. Williams said that an additional six positions have been approved for the STAR Program. Three of these positions have been posted; the District intends to have these positions filled by the end of this quarter. Two positions are expected to be filled during the third quarter of the 2005-6 fiscal year; the final position is expected to be filled during the fourth quarter.

   Mr. Williams said that there are several ways to identify progress with the STAR Program. One of those will be monitoring activities. Grant money from the EPA will be used to acquire new monitoring equipment. The District is required to develop a quality assurance project plan (QAPP) for evaluating the effectiveness of the equipment that the District is intending to purchase. The QAPP has been prepared and submitted to the EPA for approval. The District will contract for a risk assessment of the toxics monitoring data that the University of Louisville has acquired since the West Louisville Air Toxics Monitoring Study that was done from April 2000 to April 2001. A Request for Proposal for the new risk assessment project is now under review by the Purchasing Department.

   Mr. Williams said that the first STAR Program implementation workshop is scheduled for November 10 from 2 to 4 p.m. in the Board room. This is the first of several workshops that the District will present.

   Mr. Williams said that the District has completed the STAR Program review for several construction permit applications for new printing processes and found that the emissions were environmentally acceptable.

   Dr. Cassidy asked how the District is publicizing the STAR workshop. Mr. Williams said that the District will send letters directly to the companies that are affected; send e-mails to consulting companies, people on the Board mailing list, and members of the Board, Air Quality Task Force, and STAR Implementation Advisory Group; post a notice on the District’s web page, send a media advisory; and work with the Kentucky chapter of the Air and Waste Management Association to send e-mails to the Association’s distribution lists.

   Mr. Howard asked how the STAR Program is funded for fiscal year 05-06. Mr. Williams stated that the funding of positions comes from a variety of sources. They include an EPA grant, Vehicle Emissions Testing (VET) Program surplus money, and the proposed program fees. The Louisville Metro government’s budget process starts in February for the fiscal year that begins July 1.

   Mr. Howard asked whether there was new information regarding the EPA’s permit program audit. Mr. Williams said that the deadline for an action plan is December 16, 2005, and the District was in the process of developing a plan.

   Mr. Howard asked if a report can be done to show how permits are being handled. Mr. Williams stated that the District had no objection to that.

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 10/10/2005  report was submitted for filing. A copy is attached to the original minutes.

4. Startup, Shutdown, Malfunction, and Emergency Report

   The Excess Emission Reports 9/13/2005 Through 10/12/2005  report was submitted for filing. A copy is attached to the original minutes.

5. STAR Program Tracking Report

   The October 18, 2005, STAR Program Tracking Report was submitted for filing. A copy is attached to the original minutes.

6. Lawn Care for Cleaner Air Awards

   The October 19, 2005, list of this month’s Lawn Care for Cleaner Air Award recipients  was submitted for filing. A copy is attached to the original minutes.

Adjournment

The meeting adjourned at 9:36 a.m.  The next regular Board Meeting is Wednesday, November 16, 2005.