Changes in the Alternative Enforcement Policy

The Air Quality Enforcement, Compliance, and Technical Resources & Training sections jointly developed an alternative procedure that, under certain circumstances, can simplify and streamline the air quality enforcement process. The intent is to promote cooperation between the regulated community and DEQ, and to achieve timely resolution of noncompliance matters.

When a compliance evaluation is conducted at a facility, a report is generated detailing the findings. The final report is sent to the company along with a summary of noncompliance issues. A cover letter is attached to the report that summarizes the noncompliance issues found during the evaluation. The company is requested to submit a compliance plan within thirty (30) calendar days from receipt of the report. If the company would like to schedule a meeting to discuss the alternative enforcement process, they are requested to do so within ten (10) calendar days from receipt of the report. This option may be withdrawn if a compliance plan is not received within thirty days.

If the company found factual errors in the DEQ report, these may be pointed out within the compliance plan or a separate report to be attached to the inspection memorandum, but the alternate procedure does not include a dispute of issues. A company wishing to dispute allegations of noncompliance, rule or statute interpretations must use the traditional enforcement procedure. This opens the possibility that a formal notice of violation may be issued.

Under the alternate procedure, if DEQ approves the company's compliance plan, the case will be tracked until all noncompliance issues are resolved, after which the case will be closed. An enforcement conference and penalties may still be required, when appropriate. Resolution of noncompliance issues may be outlined and addressed in a consent order. The alternate option reflects the collective goal of DEQ and the regulated community: full and prompt compliance and a healthy environment for the people of Oklahoma.

If you have any questions or concerns please contact Kendal Stegmann, Senior Environmental Manager, Compliance and Enforcement Group at (405) 702-4100.

AP-42 EMISSION FACTOR UPDATES

Currently, EPA lists only one chapter under review: Chapter 15, Ordnance Detonation. Sub-sections 15.1, 15.2, 15.9, and 15.10 were updated or added. The comment period was extended to September 16, 2008. Instructions for using draft sections that have completed the comment period but are not designated as “final” are available on the webpage listed below.

Find more AP-42 information on EPA’s TTN-CHIEF Bulletin Board at http://www.epa.gov/ttn/chief/ap42/index.html.

AIR QUALITY ADVISORY COUNCIL CONSIDERS PROPOSED RULES AT JULY MEETING IN PONCA CITY

The Air Quality Advisory Council held its July 2008 meeting in Ponca City. The agenda for the meeting included hearings on several proposed rules for Chapter 100 of the Oklahoma Department of Environmental Quality’s rules. The Council voted to recommend the following two rules be forwarded to the Environmental Quality Board for consideration at its August 19 meeting:

• Proposed changes to Subchapter 8, Permits for Part 70 Sources. The proposed changes would correct errors in the existing rule; make changes required by revisions to the federal Part 70, PSD and NSR permitting rules; update incorporations by reference; and resolve a conflict between OAC 252:100-8-4(b)(8) and 252:100-8-7.1(d) regarding permit renewal and expiration.

• Modifications to definitions in Subchapters 1, General Provisions, and Subchapter 5, Registration, Emission Inventory and Annual Operating Fees. Definitions for “direct” and “indirect fired” are being moved from Subchapter 19 to Subchapter 1, because these definitions will be used in the proposed Subchapter 33 as well as Subchapter 19. The other significant change is the addition of the definition for “regulated air pollutant” to Subchapter 1, and the deletion of the definition from Subchapter 5.

These rules were subsequently passed by the Board at the August 19 meeting, along with the following two rules that were recommended for adoption at the April Air Quality Advisory Council meeting:

• Modifications to Subchapter 17, Incinerators, and

• Proposed changes to Subchapter 19, Control of Emission of Particulate Matter. Appendices C, D and G were also replaced.

At the July meeting, the Council recognized former Council member Gary Martin with a resolution and a certificate of appreciation. Mr. Martin, City Manager of Ponca City, served on the Air Quality Advisory Council from 2001-2008. Members also voted to elect Laura Worthen Lodes as Vice Chair to replace Rick Treeman, who resigned from the Council effective July 18, 2008. The departing of the two members leaves two vacancies on the Council.

The next Council meeting will be held in at the DEQ headquarters in Oklahoma City on Wednesday, October 15, 2008. The October meeting was originally scheduled to be held in Broken Bow but the Council voted at the July meeting to change the location.

Lead-Based Paint Reminders

As another lead-based paint certification year gets underway it is important to remember a few key items.

Initial training classes will once again be offered by Metro Technology Centers at the Springlake Campus in Oklahoma City. Please see the Lead-Based Paint (LBP) page of the DEQ website at http://www.deq.state.ok.us/aqdnew/lbp/lbptrainingMT.htm for the exact dates of each class.

A quarterly report of all LBP services performed in target housing and child-occupied facilities by certified persons must be submitted to the Department. The reports are due by the 10th day of January, April, July, and October on forms available from the Department. These reports are very important to an individual’s certification because all quarterly reports must be filed before a certification can be renewed.

Another requirement of LBP services is the abatement notification. According to 40 CFR 745.227(e)(4)(i) abatement notifications must be submitted five days before abatement activities begin.

Quarterly report and notification forms are available by request or at http://www.deq.state.ok.us/AQDnew/resources/aqforms.htm#LBPForms. If you have questions, feel free to contact Richard Hooper, Crystal K. Stearns or Kevin Tallant at 405-702-4100.

Smoke School-Fall 2008

Visible Emissions Evaluation training is being offered through CenSARA. Training will occur in Oklahoma City on September 23, 24, 25 and Tulsa on October 21, 22, 23. 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.

Maps and registration information for both locations are available at the CenSARA website: http://www.censara.org/training.asp#.

Questions may also be directed to Lyndee Songer at 405-702-4166.

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