August, 2005, Vol. 8, No. 2
The Compliance and Enforcement Technical Resources and Training Section is the newest addition to the Air Quality Division. Inspectors new to the DEQ are assigned here to acquire classroom training and to learn inspection techniques and methods from experienced inspectors. This combination of training will provide the agency with well-rounded and knowledgeable inspectors.
Under EPA and AQD policy, emissions from sources that are collocated on contiguous or adjacent property may need to be aggregated in order to determine the category of permitting required and applicable rules and regulations. A new DEQ Fact Sheet, Permitting Collocated Facilities, is now available on the DEQ website http://www.deq.state.ok.us/factsheets. This Fact Sheet explains the definition of a "major source" and examines current EPA and AQD policy regarding the three determinations necessary to decide if emissions from collocated facilities should be aggregated: (1) "contiguous or adjacent property", (2) "common control", and (3) "same two-digit primary SIC code". The Fact Sheet also provide examples of theoretical situations and AQD past determinations.
AP-42 EMISSION FACTOR UPDATES
Currently, EPA lists only one section of the AP-42 as under review. AP-42 Section 12.5.1-Steel Minimills. The comment period was scheduled to close on March 31, 2005. Find more AP-42 information on EPA's TTN-CHIEF Bulletin Board at http://www.epa.gov/ttn/chief/ap42/index.html.
Air Toxics Update
Subchapter 41/42: The new air toxic rules passed the Air Quality Council in April and passed the DEQ Board as emergency rules in June. With Governor Henry's signature the emergency rules became effective on August 11, 2005. Please check out our webpage for new information on the rules' progress and implementation.
Air Toxic Monitoring: Air Quality has completed the Ponca City Phase II monitoring, and the first data from the contract laboratory arrived in August. The Ponca City project and a Tulsa monitoring project still in the planning stage are funded by EPA special project grants. Data will be posted to the webpage as it becomes available.
MACT updates: EPA has completed the bins of MACTs, but the lawsuits continue to hold up implementation. The two MACTs that include risk-based exemptions (Industrial, Commercial and Institutional Boilers and Process Heaters, and Plywood and Composite Wood Products) are under litigation. As these lawsuits progress, EPA is reconsidering the standards, and both MACTs have been re-opened for comments. The comment period has closed for the boiler MACT; the comment period for the plywood MACT will close in September. More information regarding MACT standards is available on the EPA Air Toxics Webpage at http://www.epa.gov/ttn/atw/mactfnl.html or the EPA rules site at http://www.epa.gov/ttn/oarpg.
The Air Quality Council held its third meeting of 2005 on July 20 at DEQ headquarters in Oklahoma City. The agenda for the meeting included hearings on Appendices E & F, Primary and Secondary Ambient Air Quality Standards; Definitions of Volatile Organic Compounds found in Subchapters 1, 37, and 39; and proposed New Source Review (NSR) reform changes contained in Subchapter 8.
The Council honored past member Joel Wilson of ConocoPhillips with a resolution for seven years of service on the Council. Mr. Wilson's responsibilities at ConocoPhillips have moved from the environmental division into research and product development. Governor Henry has appointed Jerry Purkaple also of ConocoPhillips as the new representative for the petroleum industry.
The Council voted to approve revocation of the 1-hour Primary and Secondary Ambient Air Quality Standards for ozone contained in OAC 252:100 Appendices E & F. These proposed changes, which are consistent with the federal standards, will be forwarded to the Environmental Quality Board for approval at their August 23, 2005 meeting in Pryor.
Other business, including the exemption of tert-butyl acetate as a volatile organic compound, was continued to the next Council meeting which will be held at 9 a.m. October 19, 2005, at DEQ headquarters in Oklahoma City.
Council members attending the meeting were: Sharon Myers, chair; Robert Lynch, vice chair; David Branecky; Bob Curtis; Jerry Purkaple; Laura Worthen; and Gary Martin. Donald Smith did not attend.
Recently, a question was posed to the Lead-based Paint (LBP) staff about sub-contracting LBP services: "Is a firm required to have LBP certification in order to bid on a contract that involves lead abatement, even if that firm will subcontract the abatement work to a LBP certified firm?" The answer is "yes." According to the LBP Management Act (27A O.S. §2-12-102), a LBP contractor is defined as "any individual or firm who performs or supervises or offers to perform or to supervise lead-based paint inspections, hazard evaluations, project designs, abatements or reductions" and a LBP paint reduction contractor as "any individual who performs or supervises lead-based paint services, including but not limited to hazard reduction, abatement, or deleading." Therefore, any firm bidding on a contract for LBP services is, in essence, offering to perform or supervise LBP services and must be certified by DEQ to do so.
After the contract has been awarded to a certified LBP firm and the start date determined, it is the responsibility of the firm to submit an initial abatement notification to LBP staff at least 5 business days before the start date of any LBP activities. Recent amendments to the LBP rules (OAC 252:110) became effective June 15, 2005 and require specific start and stop dates for lead abatement activities only, not the complete construction project. For more information and details on amendments, please visit our website at http://www.deq.state.ok.us.
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