Executive Summary of Regulation 5.30 Report and Plan of Action

The West Louisville Air Toxics Study documented that there were high concentrations of harmful air toxics, including cancer-causing chemicals, in specific neighborhoods in Louisville Metro. A U.S. Environmental Protection Agency (EPA) study, that included modeling of reported emissions, concluded that the air in Jefferson County had the highest potential risk for adverse effects of all of the counties in the eight southeastern states. In the absence of federal and state air toxics programs to provide a safe environment for the citizens of Louisville, the Air Pollution Control Board (Board) adopted the Strategic Toxic Air Reduction (STAR) Program. One component of the STAR Program is Regulation 5.30 Report and Plan of Action for Identified Source Sectors, which requires the Louisville Metro Air Pollution Control District (District) to develop a proposed Report and Plan of Action to assess and address the risk to human health and welfare from ambient concentrations of toxic air contaminants (TACs) from minor stationary sources, area sources, non-road mobile sources, and mobile sources. In developing the proposed Report and Plan of Action, the District is required to implement a process allowing for active and meaningful stakeholder involvement in the development of, and review and comment on, the Report and Plan of Action.

To provide a structured forum for insuring active and meaningful stakeholder involvement, the District created a formal stakeholder group. In determining the appropriate members of the stakeholder group, the District reviewed the various source categories and groups that may be affected by a comprehensive toxics abatement program or had shown an interest in the STAR Program. The District invited industry and academic experts, planners, health and environmental advocates, health professionals, business representatives, and citizens to be members of the STAR 5.30 Stakeholder Group.

The Stakeholder Group formed working committees to review and discuss the basic issues facing the Stakeholder Group: developing recommended environmental acceptability risk goals, identifying the sources of TAC emissions and current risk levels, and developing recommendations for abatement of the identified high levels of toxics risks. Reports of the committees are included in Section 10 (Health/Risk Committee), Section 11 (Area and Minor Source Committee), Section 12 (Mobile and Non-Road Mobile Source Committee), and Section 13 (Report and Plan of Action Committee).

This Report and Plan of Action is the result of the collaborative effort of the members of the Stakeholder Group that began in July of 2006. The Plan of Action is comprised of 35 recommendations of the full Stakeholder Group, which are included in Section 14.

Recommendation 13 establishes the recommended environmental acceptability (EA) goals for the source sectors assessed pursuant to Regulation 5.30. These EA goals continue the concepts adopted by the Board in Regulation 5.21 for large and moderate stationary sources and include an overall cumulative cancer risk EA goal of 25 in one million and a single chemical noncancer risk goal of a Hazard Quotient of 1.0. The Stakeholder Group recognized that there may be some situations for which the employment of current technology will not allow the goal to be reached. In those instances, the Stakeholder Group emphasized the need for public education regarding land use and site planning to minimize exposure to high levels of risk, especially for highly sensitive populations such as schools, recreational facilities, and daycare centers. Regulation 5.30 established specific requirements for the contents of the proposed Report and Plan of Action. Through the course of its assessment of the myriad of issues and emission sources, the committees and the full Stakeholder Group evaluated many suggested recommendations. For a large number of these suggested recommendations, a strong consensus was reached. For others, consensus was not reached.

The Stakeholder Group recognized the dynamic nature of toxics issues in Louisville Metro and around the country. The 35 recommendations represent a snapshot in time of possible strategies for toxics reductions and exposure abatement. As new reduction technologies are developed and more funds become available, the opportunity to further reduce toxic emissions may arise. In addition, the Stakeholder Group concluded that the time constraint in Regulation 5.30 for preparation of the proposed Report and Plan of Action precluded the Stakeholder Group from completely assessing and addressing all applicable sources of toxic air emissions. Thus, the Stakeholder Group recognized the need for continual evaluation of Regulation 5.30 sources and possible control strategies not covered in this report. This Report and Plan of Action establishes some procedures to be used in the continued review and deliberation process by the Board and the District. This review may lead to additional specific strategies, recommendations, and timetables being developed. Progress toward achievement of the environmental acceptability goals should be quantified. Additionally, the Stakeholder Group recognized that the evaluation of some issues should include stakeholders who were not a part of the Stakeholder Group. Therefore, some of the recommendations include the creation of additional, ad hoc stakeholder groups to further evaluate specific issues.

Finally, the Stakeholder Group recognized that success in continued and future evaluation of air toxics is dependent upon additional and updated information. This Report and Plan of Action identifies future monitoring and emissions inventory needs.

Full report (140 pages, 0.6 MB PDF)