August, 2005, Vol. 8, No. 2

New Compliance and Enforcement Technical Resources and Training Section

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.

This section is also home to the excess emissions and asbestos programs. Excess emission reporting is currently undergoing changes to make reporting easier for the regulated community and to make the data more useful for the DEQ staff. One of the anticipated changes will allow on-line reporting through the DEQ web site. The regulated community will be able to provide immediate notice of excess emissions as well as the 10-day follow-up letter and the demonstration of cause using this new method. It will also improve efficiency for DEQ staff responsible for entering data into the data system.

The AQD is devoting more resources to the asbestos program to improve compliance and, when necessary, increase enforcement. AQD staff held outreach programs in Oklahoma City and Tulsa to inform contractors, asbestos inspectors and municipalities of the changes to the program including penalties for noncompliance. The DEQ website now contains the asbestos enforcement matrix as well as the penalty policy for asbestos violations.
With the renewed emphasis on training, and better access to reporting and procedures, the Compliance and Enforcement Technical Resources and Training section will help the DEQ to better assist the public and maintain the quality of Oklahoma's air.

Collocated Facilities

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.

JULY AIR QUALITY COUNCIL MEETING

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.

A schedule for revisions to the current proposed NSR draft rule was set, and ground rules for participation in an industry work group were discussed. A draft rule has been posted to the DEQ website at http://www.deq.state.ok.us. A workgroup meeting has been scheduled for September 9th, and the resulting draft will be posted to the webpage on September 19th.

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.

Lead-Based Paint Management Rule Clarification

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.

Smoke School

The Department of Environmental Quality is again offering training for Visible Emissions Evaluation. The Fall 2005 courses are provided by the Air Quality Division in conjunction with CenSARA and are presented by Eastern Technical Associates (ETA). Training will occur in Oklahoma City on September 27, 28, 29 and in Tulsa on October 25, 26, 27. Field certifications and a classroom lecture will be offered at both locations. Applicants who have not attended smoke school previously are required to attend the classroom lecture. Lecture attendance is encouraged for all applicants who have not attended a lecture in the past year. These courses will meet EPA Method 9 and Method 22 training requirements. Individuals qualifying at the field certification will be certified to make visible emission readings. The Oklahoma City classroom lecture will take place on September 27 at the Metrotech Springlake Campus Business Conference Center Carousel Room at 1900 Springlake Drive. The Field certification will be held September 28 and 29 in the North Parking Lot of the State Fair Grounds (north of Space Needle). Attendees should enter the fairgrounds from May Ave. at gate 25 on Neosho Ave. The Tulsa classroom lecture is scheduled for October 25 at the Holiday Inn Select at 5000 E. Skelly Drive. The Field certification will be conducted October 26 and 27 at Chandler Park on 21st. Street.

Registration for all classes will begin at 8:00 am. Attendees should dress appropriately for the weather and bring pens, a clipboard and a lawn chair. Maps for both locations are available at the ETA website: http://www.eta-is-opacity.com Applicants should contact Jeff Dye at (405) 702-4118.

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