Minutes
Regular Meeting
of the
Louisville Metro Air Pollution Control Board

December 14, 2005

The regular meeting of the Louisville Metro Air Pollution Control Board was called to order December 14, 2005, at 9:03 a.m. in the Board Room of the Air Pollution Control District, 850 Barret Avenue, Louisville, Kentucky, by the Vice-Chairman, Lee Howard. Other Board members present were Lewis Hammond, Carolyn Embry, Dr. Nadir Al-Shami, Barbara Sexton Smith, and Sandra Withers. 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, Art Chang, Chris Cunningham, Michelle Stites, Steve Taylor and Phyllis Fitzgerald. 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. (GLI); Michael Cowherd, Brown-Forman; Sarah Lynn Cunningham, Kentucky Resources Council; Brad Dillon, Greenebaum, Doll & McDonald; Jim Dunbaugh and Rich Robinson, American Synthetic Rubber Company; Robert and Masen Elpers, Lawn Care for Cleaner Air award recipients; Corinne Greenberg, LFI; Barbara Hall, Ford; Tom Herman, Zeon Chemicals; Mark Hussung, GE Appliances; Jonathan Miller, DuPont Performance Elastomers; David Newman, Kentucky Motorcycle Association; Peter Raymond, Alcoa; Steve Samuels, Rubbertown Emergency ACTion (REACT); Sarah Scheetz and Dave Smith, Louisville Gas and Electric (LG&E); Mark Spaulding, BAE Systems; and Paige Mosser Theriac, Theriac Environmental Consultants.

Public Recognitions

Ms. Fitzgerald recognized Mr. Elpers, Lawn Care for Cleaner Air award recipient, and his daughter, Masen.

Approval of Minutes

Mr. Trout requested that the full company name, DuPont Performance Elastomers, be identified for Jonathan Miller in the list of guests. The minutes of the November 16, 2005, regular meeting were approved as distributed, with this one correction.

Unfinished Business

Mr. Dunbaugh made a presentation on the installation of American Synthetic Rubber Company’s thermal oxidizer. He said that preliminary testing has shown the control efficiency to be 99.99% for the 1,3-butadiene emissions. In contrast to the 60,000 to 70,000 pounds per year of 1,3-butadiene that were emitted by the company in 2004 and 2005, he said that the expected 1,3-butadiene emissions after full operation of the thermal oxidizer will be less than 10,000 pounds per year, well in compliance with the Strategic Toxic Air Reduction (STAR) Program goals. When asked by Ms. Embry about fugitive emissions, he responded that the company has not yet finished its evaluation, but, if there were problems in meeting the STAR Program goals, there were additional measures that the company could take to reduce fugitive emissions.

New Business

1. Amendment to Regulation 2.08

   Mr. Trout said the 30-day written comment period was over and the Public Hearing was held immediately before the November 16, 2005, Board meeting. He indicated that there were adverse comments on the proposed regulation that have not been resolved. For example, it was suggested that minor sources should be included in the STAR Program fee. Mr. Trout said that as the District develops a plan of action pursuant to Regulation 5.30, funding from other sources will be considered. In response to comments that industry should not pay for the entire STAR program, Mr. Trout explained that the proposed program fees do not cover the cost of the entire STAR program, only 42% for Fiscal Year 2006.

   Mr. Trout said that the District recommends that the Board adopt Regulation 2.08 Emissions Fees, Permit Fees, Permit Renewal Procedures and Additional Program Fees, Version #20, Draft # 2 - Proposed, September 6, 2005.

   After discussion among Board members, Vice-Chairman Howard decided to defer action on the proposed regulation until the next meeting.

Committee Reports

1. STAR Implementation Advisory Group

   Mr. Trout said the STAR Implementation Advisory Group met on November 17, 2005. The Group discussed the workshop and topics that should be presented in the next workshop for Title V companies as well as the need to have a more basic workshop for the smaller FEDOOP (Federally Enforceable District Origin Operating Permit) companies. The first workshop also needs to be repeated for those who were not able to attend. Additionally, a less technical workshop is needed to explain the STAR Program to citizens. It was also suggested that a periodic STAR Program implementation progress report be developed. Mr. Trout said that the District developed a report and sent a copy to the affected companies last week. A final suggestion was that the District develop a program to recognize companies that have taken actions above those required by the STAR Program.

Staff Reports

1. Director

   Mr. Williams said the Air Quality Task Force is meeting on Friday, December 16, 2005. The group is almost finished with its consideration of issues relating to ozone. He said that he expects a report from the Air Quality Task Force that recommends redesignation of the Louisville area but also the development of additional strategies to further reduce ozone levels to provide a margin of safety.

   Mr. Williams stated that the U.S. Environmental Protection Agency (EPA) is reviewing whether the current ozone standard is adequate to protect public health with an adequate margin of safety. The first draft EPA staff paper indicates that a risk assessment of ozone levels at the 0.06 to 0.08 part-per-million range is needed before a final recommendation is made. The second EPA staff paper, expected in the spring of 2006, will contain the agency’s conclusions and recommendation for any changes to the current 8-hour ozone standard. Mr. Williams said that the District’s assessment is that the staff paper may recommend that the 8-hour ozone standard be reduced from the current level of 0.08 parts per million to 0.06 or 0.07 parts per million.

   Mr. Williams said that monitored fine particle concentrations were higher for November 2005 than November 2004, with a monthly average of 12.7 µg/m³. The 2003 to 2005 annual average (missing the final month of 2005) is 15.6  µg/m3, exceeding the standard of 15.0 µg/m³. The Louisville area will not attain the fine particle standard for the 2003 to 2005 period.

   Ms. Embry asked whether the NO_x SIP Call had been expected to lower the levels of fine particles, and whether the increase that has occurred in the Louisville area has been experienced in other locations. Mr. Williams said that it appears that there is a seasonal aspect to the concentrations of fine particles. He said that the District believes that the NO_x SIP Call reductions have helped to reduce fine particle concentrations. He noted that last year the weather was cooler and wetter than average, which may explain some of the reduction last year. This year, our weather has been closer to normal than last year. Mr. Trout further explained that the NO_x SIP Call was aimed at reducing ozone levels, therefore, the electric generating plants were required to reduce NO_x emissions only during the five-month “high ozone season.” Thus, for seven months of the year, the selective catalytic reduction (SCR) controls were not operated. The EPA’s Clean Air Interstate Rule (CAIR) will require year-round controls, thus helping to reduce the annual average fine particle concentrations. Mr. Williams added that, although CAIR has a 15-year time frame for final compliance and the trading provisions provide operational flexibility, most utility companies will probably operate their installed SCR controls year-round in the next four to five years. Fine particle State Implementation Plans (SIPs) are due in 2008 and the attainment date is 2010.

   Mr. Williams stated that the fine particle standards are also being reviewed by the EPA. He said that he expects the EPA to also make the fine particle standards more stringent. The annual standard is now 15 µg/m³, and may be reduced to 13 or 14 µg/m³. The Louisville area has not had a problem attaining the daily standard of 65 µg/m³; the daily maximum concentrations have generally been no higher than the 40s µg/m³ range. If the daily standard is lowered to 30 or 40 µg/m³, the Louisville area might not be in compliance.

   Mr. Williams said that the EPA has proposed the fine particle implementation rules and has recently has extended the comment period for another 30 days. He indicated that there are some issues that the District or Board may want to comment on. These issues may be discussed at the January Board meeting.

   Mr. Williams said the Government Accounting Office (GAO) had been asked by several members of Congress to review the effectiveness of the EPA’s air toxics program. As part of this review, the GAO is reviewing the air toxics programs of the States of New Jersey, Wisconsin, and Oregon and the District’s STAR Program in order to understand the approaches used and determine whether there are aspects of state and local programs that could improve the effectiveness of the EPA’s program. The GAO will report its findings to Congress by June 2006.

   Mr. Williams said Sciences International has been selected to do the updated risk assessment of toxics data from the monitors operated by the University of Louisville from November 2001 through November 2005.

   Mr. Williams said the next STAR Implementation Advisory Group meeting is Friday, December 16, 2005. The District has developed draft forms for the enhanced toxics emissions inventory, which will be reviewed at the meeting. The District is continuing to interview candidates for the new STAR Program positions. Mr. Trout made a presentation of the STAR Program to the EPA toxicologists’ annual meeting. This was the first time that the EPA has invited state and local agency personnel to attend this meeting.

   Mr. Williams noted that following inspections by EPA Region 4 enforcement staff of several companies in Jefferson County, the EPA has filed Notices of Violation against Chem Central, Ashland, Inc., and BP America. These violations generally relate to record keeping, reporting, and monitoring requirements. The EPA has also requested record keeping, reporting, and monitoring records from Cone Solvents, Miller Oil, and Jellico, Inc.

   Mr. Williams said that U.S. Farmers Bio Industries has proposed to install equipment at a location on Southwestern Parkway to convert animal products, such as chicken or hog fat, into a biofuel that would be added to diesel fuel. The District is reviewing the company’s construction permit application. It appears that the process will be a minor source, with the primary emission being methanol. The District is reviewing information on two companies that have a similar operation in other states.

   Mr. Williams said that the District is continuing to develop a permit report for the Board. The District has received suggestions from Greater Louisville, Inc. about what the report should contain. The District will try to have the first report for the January Board meeting.

   Mr. Williams said that the District is finishing its response to the EPA regarding the District’s Title V program. The District is developing opportunities to streamline the processing of some permit applications and is working to address the personnel salary issues.

   Mr. Williams announced that the Public Information Supervisor position has been filled, with the person starting on December 19, 2005.

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 12/05/05  report was submitted for filing. A copy is attached to the original minutes.

4. Excess Emissions Reports

   The Excess Emissions Reports, 11/4/05 Through 12/5/05   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.

Next Meeting

The next regular Board Meeting is Wednesday, January 18, 2006.

Adjournment

The meeting adjourned at 10:20 a.m.