Ken Lloyd, RAQC; Misty Howell, RAQC; Gerald Dilley, RAQC; Sara O’Keefe, RAQC; Steve McCannon, RAQC; Lucy Nolan, Ethanol Management; Gary Magno, Xcel Energy; Jerry Gallagher, Gallagher & Associates; Dennis Smith, TMSS Inc.; Robert Lowdermilk, AQCC; Greg Erhardt, DRCOG; Marcy Mrozinski, DRCOG; Shirleen Tucker, CDPHE; and Margie Perkins, CDPHE.

The meeting was called to order by Chair Jim Scherer at 3:05 p.m. A quorum was present.

Approval of Agenda and Minutes

Chairman

Jim Scherer informed Council that he attended the meetings with Elbert, Larimer, Morgan and Weld Counties, along with CDPHE, to discuss participation in the Ozone Early Action Compact.

None.

Committees

None.

Members

None.

None.

Proposed Ozone Nonattainment Area Boundaries

Margie Perkins, APCD, informed Council that the CDPHE has held a series of meetings with the four new counties that may become part of the nonattainment boundary. She indicated that all four counties have agreed to join the EAC.

Margie stated that a draft letter to EPA is awaiting Doug Benevento’s signature. The letter basically asks EPA to consider leaving Elbert County and Morgan County out of the final nonattainment area boundaries. The letter also recommends reducing the size of the area covered in Larimer, Weld , Adams and Arapahoe counties. The recommendations are based on emissions density and meteorology. The letter also recommends a specific boundary line if EPA chooses to leave Morgan County in the nonattainment area.

Margie indicated that CDPHE and EPA will have a series of discussions regarding the boundary once the letter is submitted.

Status of Ozone Action Plan

Ken Lloyd gave Council an update on the status of the Ozone Action Plan. He stated the contractor is making corrections to the 2007 base case modeling analysis. The sensitivity runs are showing the model is fairly stiff and not very responsive to local control strategies. The model is also showing that VOC reductions always reduce ozone concentrations and reductions need to come from all sources.

Ken indicated that CDPHE has some additional funding for the contractor to do additional work, including: more source apportionment, back trajectories and weight of evidence analysis.

There was discussion on RVP reductions, ethanol market penetration and the costs to the refineries.

Ken stated the there are 20 parties to the AQCC hearing on the EAC. He distributed a list of issues that have been raised by these parties.

There was discussion on how the boundary issue will change some of the regional planning efforts and the need for coordination and collaboration with the additional counties. The Northern Front Range has an air quality group that meets monthly. It was suggested that the Council hold a joint meeting with this group after the EPA has officially designated boundaries for ozone nonattainment. It was further suggested that the Attorney General’s office be contracted to discuss the legal ramifications of the potential boundary change.

George Gerstle said that CDOT has started meeting with the additional counties to discuss the implications this boundary change will have on transportation conformity issues.

There was discussion on educating the Legislature on the EAC issue. Margie Perkins, ACPD, reminded Council that the ACPD is taking the lead and has done a considerable amount of work with legislators. She also said the bill sponsors are Senator Hillman and Representative Mitchell.

Dennis Arfmann stated that CACI voted to support the EAC. He suggested the Council continue to educate the industry groups and counties on the importance of the EAC.

Council briefly discussed how the language regarding the boundary should be addressed in the EAC SIP document. The AG’s Office is working to address the issue.

There being no further business before the Council, the meeting was adjourned at 4:15 p.m. The next meeting will be on Thursday, March 4.