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Air Quality Update
March, 2011, Vol 14, No 1
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The Air Quality Advisory Council held its January 19, 2011 meeting at the DEQ headquarters in Oklahoma City, Oklahoma. Several permanent rule proposals were presented, most of which were recommended for adoption by the Environmental Quality Board (EQB) at its February 25th meeting.

The Department presented a fee proposal to establish new annual operating fees for area sources and increase in permit application fees. The fee increases are necessary to cover budgetary shortfalls resulting from loss of state appropriations and to cover current and anticipated staffing requirements in administering the Department’s air pollution control programs. The fee increase will enable the Department to continue to accept delegation for new federal standards such as area sources standards and the anticipated “utility MACT”. The proposal did not include increases in annual operating fees for current fee payers.

A proposed new section of Subchapter 5 of the air pollution control rules that would alter the Air Quality Division’s current fee structure was presented to the Council for the second time. The new section would allow the Department to assess area sources subject to a National Emission Standard for Hazardous Air Pollutants (NESHAP) but not subject to air permitting requirements annual operating fees.

The proposal was modified since the last presentation to include increases to permit application fees in Subchapter 7 for minor sources and Subchapter 8 for major sources. The fee for obtaining a construction or operating permit, authorization under a general permit, or applicability determination would be increased for minor facilities and for major sources (PSD or Part 70/Title V sources).

Unpermitted gasoline dispensing facilities subject to 40 CFR, Part CCCCCC will pay an annual operating fee of $250, $500, or $750 based on monthly throughput, and unpermitted gasoline bulk terminals subject to 40 CFR, Part BBBBBB will pay a $500 annual operating fee. Any other unpermitted area source of air pollution subject to a NESHAP will be assessed an annual operating fee of $250. A copy of the power point presentation that was used at the meeting is available at:

After amending the proposal, the Council recommended passage to the February EQB.

Greenhouse Gases
The Department proposed permanent modifications to Subchapters 1, 3, 7, and 8 to ensure that State rules affected by recent changes to the U.S. Environmental Protection Agency’s (EPA’s) policies and programs for greenhouse gas (GHG) emissions are not perceived to be more stringent than the corresponding federal requirements. At its November meeting, The EQB approved the emergency rule changes, and the amendments became effective on December 27, 2010, when signed by Governor Henry. The proposed permanent GHG amendments are substantively the same as the emergency rules except for the addition of the proposed revisions to OAC 252:100-1-4.

Proposed modifications to Parts 7 and 9 of Subchapter 8 would incorporate EPA's Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR) implementation rule for the PM2.5 National Ambient Air Quality Standards (NAAQS). The amendments would establish a major source threshold, significant emissions rate, offset ratios, interpollutant trading for offsets, applicability of NSR to PM2.5 precursors, Significant Impact Levels (SILs), and a Significant Monitoring Concentration (SMC) that are consistent with those in federal regulations.

In conjunction with the proposed PM2.5 amendments to Subchapter 8, the Department is proposing to add the 24-hour and annual PM2.5 PSD increments to OAC 252:100-3-4. These proposed amendments to Subchapters 3 and 8 would bring the State's PSD and Nonattainment NSR programs up to date with respect to PM2.5 and would enable the Department to maintain its delegated authority for the full NSR program.

Some additional clean-up amendments included changes to correct scriveners’ errors and make some format changes to clarify other parts of the sections that were open for amending. With some minor amendments made at the meeting, the Council recommended all GHG and PM2.5 changes to the February EQB as permanent rule changes.

Appendix A – Incinerators
The Department requested revocation of Appendix A, Allowable Emissions for Incinerators and replacement with a new Appendix A in order to correct inaccuracies. The proposal was recommended by the Council to the EQB.

Appendix E – Primary Ambient Air Quality Standards
Proposed amendments to Appendix E would change the primary ambient air quality standards for nitrogen dioxide and sulfur dioxide to be consistent with the National Ambient Air Quality Standards. The proposal was recommended by the Council for passage to the EQB.

Incorporation by Reference
Updates to Chapter 100, Appendix Q, Incorporation By Reference, which were presented at the October Council meeting and held over to the January meeting were tabled until the Department is certain it has adequate resources to assume delegation for any additional federal standards.

Lead-Based Paint Management
The Department proposed changes to the Lead-Based Paint (LBP) Management rules in Chapter 110 of the Oklahoma Administrative Code. The proposal would establish state requirements that are consistent with those established by EPA in its new LBP renovation, repair and painting regulations (40 CFR 745). These rules target contractors who perform renovation, repair, and painting projects in homes, child-care facilities, and schools built before 1978. Firm certification and accreditation fees were included in the proposal. The rule revisions are necessary to enable the Department to obtain EPA delegation to administer the program in Oklahoma. The proposal was held over for further review by staff.

All of the rule proposals that were recommended to the EQB – fee increases, GHG and PM2.5, Appendix A, and Appendix E, were subsequently adopted by the Board at its February 25, 2011 meeting.

The next Council meeting and public hearing is scheduled for Wednesday, July 20, 2011, in Tulsa. The previously scheduled April meeting has been cancelled.

Emissions Inventories Due by April 1st!

It is time again for owners or operators of Oklahoma facilities that are sources of air contaminants to submit 2010 emission inventories. Oklahoma’s web-based emission inventory tool “Redbud” became available on January 3, 2011 for industry to use in reporting air emissions. This in-house developed and maintained system provides a secure electronic option for the submission of emission inventories which are required yearly. Improvements to the system this year include facility page breaks in the Turn-Around Documents, new on-line links to forms for deleting points, processes, or emissions and a new form for designating company Responsible Officials.

Redbud log-on information was distributed by email to all web submission eligible company’s Responsible Officials on January 3, 2011. Anyone who has not received a password or require a new one should contact the DEQ office. The system will be available 24 hours daily until the emission inventory submittal deadline of April 1, 2011. Users are encouraged to call the Emissions Inventory Section at (405)-702-4100 if they experience any trouble with the system or have questions about their inventory.

Changes and updates announced at 2011 Emissions Inventory Workshops
Oklahoma’s snow and ice resulted in the rescheduling of both 2011 Emissions Inventory Workshops. Between the storms, the Division was able to present the Oklahoma City Workshop on January 27, 2011 and the Tulsa Workshop on February 17, 2011. Over 200 industry representatives and consultants were able to participate.

This year the workshop agenda was reversed. From 9:00AM to Noon, staff presented the main topics that included policy updates and reporting guidance, building an inventory using an existing permit, and Redbud improvements. An optional Redbud overview for new users was offered after lunch.

Reporter Angela Rosecrans from OETA (the Oklahoma PBS network) attended a portion of the Tulsa Workshop on February 17, 2011. She filmed a portion of the Redbud presentation and interviewed a presenter and two attendees. The interviews and recording made for an interesting segment on the workshop that was televised later that evening on the OETA Oklahoma News Report.

There were several questions from each workshop that will be incorporated into the Frequently Asked Questions (FAQ) section of the Emissions Inventory website at

Feedback forms returned at the conclusion of each workshop reflected a very positive reception. Requests and suggestions for improvements to Redbud will be considered for implementation as resources allow.

The workshop agenda and Microsoft PowerPoint presentations are available at


Currently, EPA lists three chapters under review. Comments on Chapter 2, Section 4: Municipal Solid Waste Landfills, were due by May 5, 2009. The comment period on Chapter 4, Section 12: Manufacture of Rubber Products, closed February 2, 2009; and Chapter 15: Ordance Detonation, closed December 7, 2009. 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

It’s Lead-Based Paint Certification Time

DEQ Lead-Based Paint (LBP) contractors have until March 31, 2011 to submit applications to renew their certifications. All LBP disciplines must be renewed annually. If LBP contractors do not apply for renewal or their applications are incomplete, they may be required to pay initial fees along with other requirements to renew or reinstate their certifications.

To renew a LBP certification, contractors must submit a complete LBP renewal application, including documentation of refresher training and fees, to DEQ by March 31, 2011. Refresher training schedules are available on-line at:

In related lead-based paint news, the Renovation, Repair and Painting (RRP) rule will go back to the Air Quality Council at their next meeting. Watch the Air Quality Council webpage for times, agendas and proposed rules at

Smoke School Offered Again

The Department of Environmental Quality, in conjunction with CenSARA, is again offering the Visible Emissions Evaluation Training Course for Spring 2011. The course will be offered in Tulsa April 19, 20, and 21st. Field certification and a classroom lecture describing visible emissions evaluation procedures will be offered. This course was offered in Oklahoma City in March.

The course meets EPA Method 9 and Method 22 training requirements. Individuals successfully qualifying at the field certification will be certified to make valid visible emission readings.

Lecture Information
• Tuesday, April 19, 2011
• 8:30 a.m.
• Hampton Inn - Tulsa, 3209 S 79th East Avenue, Tulsa, OK
• (918) 663-1000

Field Information
• Wednesday & Thursday, April 20 & 21, 2011
• 8 a.m. registration and 8:30 a.m. start
• Chandler Park, 6302 W 21st Street, Tulsa, OK

Contact Information: Debbie Scalise,, (919)-878-3188



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