SMALL BUSINESS COMPLIANCE ADVISORY PANEL
SPECIAL MEETING
June 28, 2001
MINUTES
The meeting was officially called to order at 2:05 P.M., by Chairman Don Law who read the following statement: “This special meeting of the Small Business Compliance Advisory Panel has been called in accordance with the Open Meeting Act, Section 311 of Title 25 of the Oklahoma Statutes. Notice was filed with the Secretary of State on June 16, 2001. The agenda was duly posted at the Oklahoma Department of Environmental Quality, 707 N. Robinson, Oklahoma City, OK, 24 hours prior to this meeting, in accordance with Section 311 of the Open meeting Act. Only matters appearing on the posted agenda may be considered at this special meeting. In the event this meeting is continued or reconvened, public notice of the date, time and place of the continued meeting will be given by announcement at this meeting and the agenda for such continuation will remain the same as today’s agenda.”
2. Roll Call – Mary Ramsey, Secretary
Mary Ramsey took roll call and those in attendance were as follows:
MEMBERS:
Robert Henry Matt Robinson William Wortman Don Law
NON-MEMBERS:
Judith Duncan Dianne Wilkins Eddie Terrill Shawna McWaters-Khalousi
Richard Wuerflein Kyle Arthur Mary Ramsey
3. Election of Officers
Mr. William Wortman nominated Mr. Don Law for Chairman. Mr. Robert Henry seconded the motion, motion carried. Mr. William Wortman nominated Mr. Robert Henry for Vice Chairman. Mr. Don Law seconded the motion, motion carried.
4. Approval of Minutes of June 27, 2000 Meeting
Mr. Robert Henry made a motion for approval of the minutes from the June 27, 2000 meeting. Mr. William Wortman seconded the motion, motion carried.
5. Update of Small Business Assistance Programs Activities for FY 2001
Kyle Arthur gave a presentation regarding the Small Business Program and activities over the last year. He discussed the metal finishing outreach that Dianne Wilkins will later discuss in detail. He reminded the panel that the preferred way of outreach is through on-site visits. But this can be a difficult way of reaching industry, because business is leery of letting regulators on the premises. Over the phone assistance is the most common way of providing assistance. We hold workshops and seminars on occasion and perform major outreach, an out-reach assistance above and beyond the normal way of assisting. The other way of assisting is being an advocate for small business issues within the agency, particularly in the rule making process or in assistance with filling out an air quality permits application. Mr. Arthur is on a committee that is working on some rule changes on the air toxics rules. Mr. Arthur also mentioned that they assist business with filling out different forms. Mr. Robinson asked whether they were state or federal forms. Mr. Arthur said they were state forms. Mr. Henry commented on using waste oil to be used in a heater for winter being a way of re-cycling the used oil. Ms.Wilkins said that as long as it was their own business used oil and not purchased from someone else, it was an acceptable practice under the RCRA rules. Mr. Law commented that statistics indicate that 75% of manufacturers have less than 20 people and 40% have less than 5. Demographically that percentage is probably lower in Oklahoma.
6. Update on Metal Finishing Outreach
Ms. Dianne Wilkins gave a presentation on the mental finishing outreach that she and her staff have been conducting within the state. She informed the panel that she has just gotten back from a trip to Asia and that they were experiencing some of the same problems that we face here in United States. When the metal finishing outreach first came up it was decided that the outreach had to be different to reach those needing assistance. After observation during identification phase it was determined that the targeted facilities are pretty much clustered in certain areas of the state. So the outreach was started in Oklahoma City area by sending a letter, a way of enticing participants by stating that they were scheduled for an inspection within the next 90 days. If the facility chose to participate in the metal outreach program this inspection would be postponed. In the 37 businesses that were contacted in three phases, 26 decided to participate. The larger companies jumped at the chance and participated whole-heartedly. In this outreach program we found some exemplary facilities and some that were very, very clean. There were only about five that needed some level of permitting with air quality and they are now somewhere in this process getting into compliance. We did find several, but not as many as we thought we would, hazardous waste problems. Most related to proper labeling and other small problems, that business didn’t understand. When it was defined, they now know how to handle it. One of the problems with small business is that they don’t understand their waste problems, or they can’t understand the forms they were sent to fill out, so they are tossed in the corner in hope they go away. So the main part of the outreach is explanation and education on how to, what to, etc. Mr. Henry, Mr. Law and Mr. Wortman all brought out concerns regarding small business in the profit versus compliance realm. Ms. Duncan told the panel that is why the DEQ/Customer Services are trying to do more targeted outreach. This is a way that we can characterize waste, how to properly dispose, how to fill out forms, and make the process understandable and also more efficient.
7. Proposed Minor Source Annual Operating Fee Increase
Ms. Shawna McWaters-Khalousi, of the Air Quality Division of the DEQ, gave a presentation on the proposed fee increase.
This presentation is the same presentation that was given at the latest Air Council meeting in Tulsa. Ms. McWaters-Khalousi, with the use of graphs and charts, explained how their division developed the numbers for the proposed new fee increase. Ms. McWaters-Khalousi also passed out a memorandum to the panel with proposed revisions to Subchapter 5, which included two letters to Mr. Eddie Terrill, Director of the Air Quality Division from the GRDA and OG&E with their thoughts on this fee increase. The proposed increases in the annual operating fees for all sources, faces budgetary shortfalls for both expense categories: Title V (major source are funded solely by major source fees); and because DEQ Non-Title V (minor and mobile sources are funded by federal grants, minor source fees and state appropriations). Ms. McWaters-Kahlousi said that similar to the June Air Quality Council Meeting, staff would make presentations demonstrating the need and rationale for the proposed fee increase. Staff continues to review comments and questions in order to recommend the most reasonable approach to fee increases. The AQC continued the hearing on this subject until their August 15, 2001 meeting, which will be held at the Oklahoma State University at Tulsa, North Hall, Rm. # 150.
8. Update on New Source Identification Project
Ms. McWaters-Khalousi and Mr. Terrill gave a presentation updating the Panel on the New Source Identification project. A handout was distributed which contained a detailed flow-chart portraying the “New Source Tracking/ID Process”. Ms. McWaters-Khalousi said the Air Quality Division has undertaken a uniform, streamlined approach to track and identify new sources. The aim was to “even the playing field” by pulling in all sources of air pollution. She explained that this process serves the true minor sources. Major sources (even potential major sources) are not given assistance through this process. To date approximately 50 facilities have been assisted through this mechanism. This benefits the facility and benefits the DEQ. Although staff believes this to be a worthwhile process, resource shortfalls jeopardize the continuation of this compliance assistance tool. Mr. Law had a question about the funding. Mr. Terrill informed Mr. Law that the fee increases would enable the Agency to pay the Air Quality staff more. The Tulsa Office had previously not been funded, so since they have merged with Oklahoma staff, it has increased the cost significantly. Mr. Terrill indicated that with legislative support, a differentiation between Title V and non-Title V sources could be attained.
Mr. Law suggested that the panel be involved in the proposed fee increases at the August 15, council meeting being held at Oklahoma State University at Tulsa, North Hall, Rm. 150. Mr. Arthur will be getting in touch with the panel members regarding participation at the meeting.
9. New Business
NONE
10. Announcements
11. Adjournment
Mr. Bill Wortman made a motion for adjournment, Mr. Henry seconded the motion, motion carried.