Formal Comments on the Proposed Regulations

STAR Program: Strategic Toxic Air ReductionThis page lists comments sent to APCD during the formal comment period on the January 2005 proposed changes to APCD regulations to implement the Strategic Toxic Air Reduction (STAR) Program. The linked documents are in Adobe Acrobat (PDF) format. The file size is given if the file is larger than 100 kilobytes.

See also the formal comment/response document (734 KB, 349 pages) for APCD's responses to these comments.

1. The following are detailed comments on the proposed STAR Program regulations received by the District.

2. The following comments on the proposed STAR Program are more general in nature and summarized below or else were received as paper letters or cards. Please contact APCD by e-mail or at (502) 574-6000 if you would like to inspect any of these comments.

A. Written comments from the following individuals expressed general support for adoption of the STAR Program:

  • Earl R. Wilson
  • Janet Falcone 40205
  • Jerry Greenlee 40220
  • Jamey Aebersold 47151
  • Jenny Glantz 40204
  • Judith Lyons 40203
  • John E. Adams
  • JoAnna Mercer
  • Harold Trainer 40059
  • Suzanne De Gregorio 40222
  • Clara Hendricks
  • Lauren Mitchell 40205
  • Margaret C. Hyland 40205
  • Virginia Ratterman/Bush
  • Kenneth J. Palmgreen
  • Nick Braden 40208
  • Dr. Karen Cairns
  • Jodie B. Goldberg 40223
  • Kathy Wallace 40205
  • Floyd and Estelle Benner
  • Susie Lile 40209
  • Steve, Joy, Casey, and Laura Henry 40207
  • Emily C. Boone 40206
  • Teena Halbig 40299
  • Richard J. Evans 40258
  • Bill Gawarecki 40258
  • Sarah Lynn Cunningham 40204
  • Mark A. Atwell 40223
  • Ann Walsh 40208
  • Terry Mickler 40206
  • Patricia A. Geier 40205
  • George R. Edwards 40205
  • Mary Harvath 40205
  • Ann Crews Melton 40204
  • J. Miller 40205
  • Janet Wilborn 40242
  • D’Wain and Mordeau Archer 40208
  • Angelyn Rudd 40207
  • Maurice Ponocer 40204
  • Aron Ballard 40211
  • Sena Naslund 40208
  • Arch B. Taylor, Jr. 40204
  • Tomella Bowden 40212
  • Carl Wedekind 40204
  • Shauntrice Lanice Martin 40204
  • Eddie Davis 40211
  • Bani Hines-Hudson 40212
  • K. A. Owens 40206
  • Sandra Pope 40211
  • Anne Braden 40211
  • Rita C. Lord 40241
  • Peggy Kidwell 40250
  • George Adams 40223
  • Cate Fosl 40205
  • David Horvath 40205
  • Theodore E. Owens 40206
  • James Fisher 40212
  • Barry Norris
  • Heather Watson 40218
  • Jerome Neukerch 40208
  • James and Carol Jefferson 40225
  • John C. Morrison 40208
  • Doris R. Peacock 40211
  • Sallie Cuaresma 40202
  • Eleanor Self 40204
  • Beth Wilson 40202
  • Tyler Fairleigh 40206
  • David Morrison 40208
  • Sam Todd 40206
  • Jeanette McDermott 40204
  • Cyd Ryun 40211
  • Joyce A. Ware 40212
  • The Rev. Fred R. Withers 40211
  • Gracie Lewis 40201
  • Vanessa Gail Helinger 40208
  • Rob Bower
  • Marie Schneider 40217
  • Joan P. Kincade
  • Christopher L. Kincade
  • Wanda Mitchell Smith
  • D. J. McClure 40118
  • Dave and Polly Johnson
  • Cylista Williams
  • Thomas Bernal 40208
  • Sam Avery 40207
  • Pamela J. McMichael 40059
  • Lawrence Winburn, Sr.
  • Walter Bedford, Jr. 40204
  • Ted Schlecter 40214
  • Christy Swan 40203
  • Ira Grupper 40205
  • Thomas Moffett 40211
  • Nancy Demartra
  • Marcelles Watson 40211
  • J. B. Hudson 40212
  • A. S. Reynolds 40211
  • David Lott 40204
  • Pat Bricking 40206
  • Alice Wade 40211
  • Ivonne Rovira 40205
  • Michael Duncan 40214
  • Liz Clark 40212
  • David Anderson
  • Bill Allison
  • Larry Hovekamp 40218
  • Helena Phelps 40212
  • Teve and C. Sauceda 40222
  • Pat Allison 40205
  • Geoffrey and Karen Root 40211
  • Christina Baldon 40208
  • Beverly Duncan
  • Ibrahim Imam 40223
  • Brook Pardue 40241
  • Karen Christopher 40204

B. Written comments from the following organizations or businesses expressed general support for adoption of the STAR Program:

  • Kentuckians For The Commonwealth
  • The Sisters of Charity of Nazareth
  • Dominican Earth Center
  • Premier Home Care Inc.
  • Ohio Citizen Action
  • Calhoun County (Texas) Resource Watch
  • Community In-power and Development
    • Port Arthur, Texas
    • Beaumont, Texas
  • Citizens Environmental Coalition (NY)
  • The Working Group on Community Right- to-Know, a project of OMB Watch
  • Global Community Monitor (California)

C. Written comments from the following individuals or businesses expressed general concern with adoption of the STAR Program:

  • Jalonda K. Blanford 40218
  • Betty Moorman 40108
  • Kimberly K. Reilly
  • Cindy Federico
  • The Argus Company
  • HyKlas Paints
  • Joe Baker

D. 3,689 cards with the following text were received:

Everyone should be able to breathe safe and clean air!

The EPA has rated Louisville’s air as the unhealthiest in the southeast region of the United States. The time has come for the city of Louisville to get rid of the label of having the unhealthiest air in the southeastern region and become a city willing to accept the challenge of creating a clean and safe environment for its people.

Given that the highest priority of city government, its agencies and its boards is to protect the health and safety of city residents, we call on you as members of the Louisville Metro Air Pollution Control Board to:

  • Approve the Strategic Toxic Air Reduction Program before January 1, 2005.
  • Pass a board resolution that recommends local control over our local air.
  • Approve the Strategic Toxic Air Reduction (STAR) program.

[Note: Only the first two points were included on some cards and only the third point was included on the other cards. There was a slight difference in the wording of the text between the two different versions of these cards.]

E. 179 cards from Zeon employees, spouses or other family members of Zeon employees, or friends of Zeon employees with the following text were received:

My employer, Zeon Chemicals L.P., will be dramatically impacted by the proposed STAR air toxics regulations. While I support appropriate regulation of air toxics in Louisville Metro, any program must be reasonable. The STAR regulations, as currently drafted, are not reasonable. A few among many reasons are as follows:

  • The Zeon Chemicals L.P. - KY Plant has reduced emissions of our acrylonitrile (AN) and 1,3-butadiene (BD) by over 71% since taking ownership of the facilities in 1989. While I agree that further reductions may be necessary, preliminary STAR modeling indicates that we may now have to reduce AN and BD by more than an additional 97%. This is not reasonable regulation of our emissions.
  • The APCD has estimated that most required emission reductions can be made for $5,000 to $10,000 per ton of reduced emissions. Using EPA cost estimating tools, just one of our main dryer lines could cost over $250,000 per ton to control AN and BD. This is not reasonable regulation of our emissions.
  • The regulatory framework for applying good health research information is far too conservative. Two examples: STAR residential risk levels are applied anywhere outside plant fence lines, regardless of whether or not people live in such areas; and more specifically, STAR deems ethyl acrylate to be a carcinogen, something that other major references (ACGIH, IRIS, NTP) do not indicate. This is not reasonable regulation of our emissions.

I urge the APCD Board to direct further work on the STAR regulations into a true multi-stakeholder development process. Through such a process, our health and that of our neighbors will be protected by the most reasonable means available.

Note: The specific issues raised are addressed in the comment/response document, identifying the "179 cards."

F. Ten letters, as identified below, with the following text were received:

I am concerned about the proposed STAR package. Please consider these comments and concerns:

  • The West Louisville Air Toxics Risk Assessment Report only identified 18 chemicals of concern. There is no basis for local regulation of the additional 173 chemicals as proposed under STAR. Regulating only those chemicals for which a local risk has been identified would minimize any economic disadvantages to the local business community and help Louisville remain a viable community for business growth. At the same time, the risks associated with emissions of the targeted toxic chemicals would still be reduced.
  • The Risk Management Plan developed for the West Louisville Air Toxics Study was not followed to identify specific sources of toxic emissions and develop viable solutions. As a result, the STAR program will not have the desired effect of targeting specific, cost effective, air toxic emission reductions of the chemicals actually presenting the risk.
  • The STAR regulations should equally address all sources of air toxics (vehicles, area sources such as dry cleaners, gas stations, and auto repair shops as well as stationary sources) so the chemicals of concern may be effectively controlled throughout Louisville.
  • The formulas proposed in the regulations contain conservative, built-in safety assumptions that will overestimate the risks from industrial sources. Use of these formulas will require actions to reduce an imaginary risk with no actual increase in the protection of public health. The regulated cancer risk value should be changed to require action for risks calculated at greater than 1 in 10,000, consistent with EPA risk protocol.
  • It is appropriate to evaluate the risk where people actually live, not on adjacent industrial property, at a fence line, parking lot, or street.
  • The County-wide emissions cap requirements found in Regulation 5.21 Sections 2.8 and 4.8, should be removed. It is not appropriate for the District to penalize one business for the emissions from another business by adding up the County-wide emissions, reducing the total, and then arbitrarily cutting up the remaining "emission pie". As a result, more restrictive emission limits will be assigned to companies that may have already invested in costly emission reduction equipment.

Greater Louisville, Inc. had developed a revised regulatory package that addresses these and other concerns. I urge the Air Pollution Control Board to substitute it for the existing draft STAR package.

Thank you for your consideration,

  • Kerry Haight 40031
  • Cindy Haight 40031
  • Jim Harris
  • Joyce A. Harris
  • Carey Guess 40222
  • Donna K. Gaus
  • Michael Flynn 40214
  • Darren Kremer 40223
  • William R. Kremer 40223
  • Kurt A. Logsdon

Note: The specific issues raised are addressed in the comment/response document, identifying the "ten letters."

G. 77 cards with the following text were received:

I am concerned about the proposed STAR package. Please consider these comments and concerns:

  • The West Louisville Air Toxics Risk Assessment Report identified only 18 chemicals of concern. There is no basis for local regulation of the added 173 chemicals proposed by STAR.
  • A scientifically defensible plan specifically directed at the 18 chemicals of concern was not followed to identify specific emission sources and develop appropriate solutions. The proposed STAR program does not provide for cost effective reduction of emissions of the chemicals causing the actual risk.
  • The STAR regulations should equally address mobile, area and stationary sources of air toxics so the chemicals of concern may be effectively controlled throughout Louisville.
  • The formulas proposed in the regulations contain conservative, built-in safety assumptions that will overestimate the risks from stationary sources. Use of these formulas will require actions to reduce an imaginary risk with no actual increase in the protection of public health. The regulated cancer risk value should be changed to require action for risks calculated at greater than 1 in 10,000, consistent with EPA risk protocol.
  • It is appropriate to evaluate the risk where people live, not on adjacent industrial property, at a fence line, parking lot, or street.

Greater Louisville, Inc. had developed a revised regulatory package that addresses these and other concerns. I urge the Air Pollution Control Board to substitute it for the existing draft STAR package.

Thank you for your consideration,

Note: The specific issues raised are addressed in the comment/response document, identifying the "77 cards."

For additional information or questions about these comments, please e-mail STAR or call (502) 574-6000.