HAZARDOUS WASTE MANAGEMENT ADVISORY COUNCIL MEETING
DEPARTMENT OF ENVIRONMENTAL QUALITY
5051 S. 129th East Avenue
TULSA, OKLAHOMA 73134
JANUARY 13, 2000
This meeting was convened in accordance with the requirements for regularly scheduled meetings of the Open Meetings Act, Section 311 of Title 25 of the Oklahoma Statutes. The agenda for this meeting was posted on the main entrance door and the southwest entrance door of the Department of Environmental Quality Building, 707 North Robinson in Oklahoma City; and the front entrance of the Tulsa Regional DEQ Office, 5051 S. 129th East Avenue, Tulsa, Oklahoma, a minimum of 24 hours prior to the meeting in accordance with Section 311 of the Open Meetings Act.
Agenda Items 1 and 2:
Mr. David Bradshaw called the meeting to order at approximately 10:10 a.m. and asked Mary Johnson, secretary, for a roll call of members present. Members present included Mr. Wesley Anderson, Mr. David Bradshaw, Mr. Bruce Elwell, Mr. Michael Graves, Mr. Gerald Ihler, Mr. Bob Kennedy and Ms. Jody Reinhart. Absent at the time of the roll call were Mr. Blake Champlin and Mr. Steve Tomberlin. Mr. Champlin arrived late as described in Agenda Item 4 of these minutes. It was determined that a quorum was present.
Agenda Item 3 - DISCUSSION, AMENDMENT AND ROLL CALL VOTE TO APPROVE OFFICIAL MINUTES OF October 14, 1999:
Mr. Bradshaw asked if anyone had changes for the minutes of the October 14, 1999 meeting. Mr. Elwell offered a motion to approve the minutes and Mr. Graves seconded the motion. Catherine Sharp noted that two of the rulemaking issues before the council today were actually considered, at length, and voted upon at the last council meeting. Since the last meeting, council members should have received a memo from the DEQ indicating that after the last meeting it was noticed that an error had been made in making adequate public notice. Procedures within the Agency have been revised so that this will not happen again. To ensure adequate public notice, the process was restarted for that same set of rules. It was re-published in the Oklahoma Register prior to today's meeting. The language being considered is for subchapter 5 and subchapter 9 plus the Brownfields rules. It was suggested that the minutes from the last meeting stand without amendments. Mr. Graves again expressed his appreciation for very informative minutes, which helped him be prepared for the meetings. A roll call vote was taken and the motion carried. Mr. Ihler and Mr. Kennedy both abstained.
Mr. Bradshaw offered the opportunity for anyone present to speak at this time rather than waiting until Agenda Item 12. No one responded.
In addition to the council, the following individuals were present:
|Robert Rabatine, EMI||Catherine Sharp, DEQ|
|Pat Davenport, National Standard||Jerry Sanger, DEQ|
|Jerry Davenport, Shipley, Jennings & Champlin||Martha Penisten, DEQ|
|Glenn Travis, Sunoco||Pamela Green, DEQ|
|Stacy Kisler, RSA||Mary Johnson, DEQ|
|David Gilly, IT|
Agenda Item 4 - CHAIRMAN'S REPORT:
Mr. Blake Champlin arrived just as Mr. Bradshaw began his report; Mr. Bradshaw was noting that there would be an election of Chair and Vice-Chair. Mr. Bradshaw stated that he believed that the Chair should rotate out and give other people on the council the opportunity to serve. He noted that he has served for one and one-half years. He expressed his appreciation for the opportunity and the good experience to serve as Chairman.
Agenda Item 5 - ELECTION OF CHAIRPERSON AND VICE-CHAIRPERSON
Mr. Bradshaw asked for nominations for Chairperson. Mr. Graves expressed his gratitude for the fine manner in which Mr. Bradshaw had served the council the past year and one-half. He stated that one of the real strengths of the council is the willingness of the Chair-persons to pass around the responsibility of leadership, which has helped the mindset of the council to enact better rules. He concluded by placing the nomination of Ms. Jody Reinhart as Chairperson. Mr. Champlin seconded the nomination. No other nominations were offered. A roll call vote was taken; all members present except Ms. Reinhart (abstained) voted in favor and Ms. Reinhart was elected.
The floor was opened for nominations for Vice-Chairperson. Mr. Graves nominated Mr. Blake Champlin and Ms. Reinhart seconded the nomination. No other nominations or comments were offered. With Mr. Champlin abstaining, all members present responded in favor to a roll call vote. Mr. Champlin was elected as Vice-Chairperson.
Mr. Bradshaw then yielded the position of leadership to the newly elected Chairperson, Ms. Jody Reinhart and she continued the meeting.
Agenda Item 6. FORMAL RULEMAKING HEARING AND VOTE ON PROPOSED PERMANENT CHANGES TO OAC 252:205-5.
Ms. Reinhart first presented the proposed revision to 252:205-5, which involves moving language from 252:205-5-5(b) to 252:205-5-3(b)(5). She referred members to the material in their packets. With this change 252:205-5-3(B)(5) will read:
"Oklahoma large quantity generators shall submit copies of manifests signed by receiving facilities for wastes transported outside the United States."
And 252:205-5 will read:
"All large quantity generators shall include the disposal plan number on the Hazardous Waste Manifest before offering hazardous waste for shipment."
Mr. Elwell offered a motion to approve this change and Mr. Champlin gave the second. There was no discussion by the council or the audience. After a roll call vote the motion carried unanimously.
Ms. Reinhart described the addition of the following language to 252:205-9-6 regarding waste characterization issues for off-site hazardous waste facilities:
"Alternatively, the owner/operator must obtain supporting technical documentation (e.g. Material Safety Data Sheets, laboratory analyses, process description, etc.) from the original generator (or other source which has actual knowledge of waste characteristics) which adequately identifies the waste for the purpose of appropriately treating, storing, disposing or recycling the waste. If the alternative information is adequate, laboratory analysis will not be required."
Mr. Champlin made a motion to adopt this addition and Mr. Graves made the second. There were no questions or discussion. After a roll call vote the motion carried unanimously.
Agenda Item 7 -FORMAL RULEMAKING HEARING AND VOTE ON PROPOSED PERMANENT CHANGES TO 252:220.
Specifically: Subchapter 9 - Verification of Brownfields Projects (NEW).
Martha Penisten, DEQ Legal Division, presented the Brownfields rule, which is being proposed as the result of recent state legislation. She stated that this rule will simply allow the DEQ to verify eligibility of Brownfields projects for applying for loans from the Oklahoma Water Resources Board in connection with their loan program - the Wastewater Facility Construction Revolving Loan. Mr. Paul Hodge was at the last meeting and addressed most questions and supplied additional information at that time.
Mr. Champlin made a motion to adopt OAC 252:220, Subchapter 9 - Verification of Brownfields Projects (NEW). Mr. Ihler offered the second. There were no questions or discussion. The motion carried unanimously after a roll call vote.
Agenda Item 8 - CONSIDERATION AND VOTE ON FINDING OF EMERGENCY WITH RESPECT TO ITEM 7.
Ms. Sharp indicated, as discussed at the last meeting, that this finding of emergency enables Brownfields project managers to apply for money to the extent that money fits in with one aspect of their Brownfields redevelopment. Mr. Hodge had commented that his rules were somewhat staggered behind ours which made it seem less urgent, but now we have lost a little time. This would help us not to lag behind later on keeping a project from being approved. Ms. Penisten noted that their (OWRB) draft rules are out. We would want the money to be available as soon as possible so whenever the rules become final we would then be able to verify the eligibility of projects.
Mr. Graves made a motion to set forth 252:220-9 as an emergency rulemaking action. Mr. Champlin seconded the motion. After a roll call vote the motion passed unanimously.
Mr. Rabatine questioned the effective date of the permanent rule, as well as the emergency rule. Ms. Sharp yielded to Mr. Sanger for the explanation. He stated that the emergency rules were effective upon the Governor's signature. Of course, this will need to go to the Environmental Quality Board Meeting on February 25, 2000. After that the Governor has ~45 days in which to sign. So the earliest possible effective date would be ~45 days after February 25. Permanent DEQ rule changes take affect, as a general rule, on June 1.
Agenda Item 9 - FORMAL RULEMAKING HEARING AND VOTE ON PROPOSED PERMANENT CHANGE TO 252:205-3 INCORPORATION BY REFERENCE.
The purpose of the proposed amendment to 252:205-3-1 is to adopt by reference the federal hazardous waste regulations found in Title 40 of the Code of Federal Regulations revised as of July 1, 1999. Proposed revisions to 252:205-3-3 involve incorporating new or superseding amendments to 40 CFR contained in 64 FR 36465-36490, published July 6, 1999, regarding the addition of hazardous waste lamps as a universal waste at the federal level by the U.S. Environmental Protection Agency. Oklahoma currently has adopted language adding mercury-containing lamps as a state universal waste. However, Oklahoma's current rule is inconsistent with the federal rule. Therefore, certain language found at 252:205-3-2 and 252:205-3-7 is being revoked and replaced with the federal rule adopted by reference at 252:205-3-3. Additionally, language currently found at 252:205-3-3 will be revoked as duplicative of the update of adoption by reference in 252:205-3-1.
Catherine Sharp called attention to the "Revision Checklist" summaries- about 13 different federal rulemaking actions that came out involving hazardous waste during the year July 1, 1998 to June 30, 1999. There was one subsequent rule that is outside that window of time (Promulgation Date: July 6, 1999; Effective Date: January 6, 2000) that has to do with the EPA adding spent hazardous waste (mercury containing) lamps to the list of universal wastes. The Council will remember that they already enacted a rule to put lamps in universal waste in the state of Oklahoma. The reason that today's action proposes to go ahead and strike what was already done and adopt a federal one by reference is we were slightly different than some other states. By adopting by reference, we will be the same as the surrounding states.
Ms. Sharp again referred to the Revision Checklist Summaries that consist of a page briefly summarizing each rule. Just to highlight a few (entire Revision Checklist Summaries attached), it amounts to:
adding some new waste codes in the federal system
making changes to land disposal restrictions
making corrections to previous promulgated rules
the Hazardous Remediation Waste Management Requirements (HWIR-Media) was an attempt to streamline some site cleanups. It didn't streamline things quite as much as we had hoped but it is still a rule that we might use.
the Post-Closure Permit (174 Summary) - it eliminates the need for an actual post-closure permit but retains many of the substantive requirements that you would want to impose on a land disposal facility during its post-closure phase. It gives a little bit of relief in terms of the administrative burden.
Ms. Reinhart mentioned that from personal experience there was a contingency plan requirement that was not reiterated in this. Ms. Sharp noted that this posed a particular problem for a facility in a post-closure phase but was still active. Often a facility is dormant by that time and having a contingency plan when there is no emergency that you can figure out is going to break out on a closed landfill - it really created an administrative burden for the operator. That was the impetus behind this rule.
Ms. Sharp offered to answer any specific questions about any rules up for adoption today.
Ms. Reinhart asked for questions or comments from the council and the public and there were none. Mr. Champlin made a motion to adopt these changes to 252:205-3. Mr. Bradshaw offered a second. After a roll call vote, the motion carried unanimously.
Agenda Item 10 - CONSIDERATION AND VOTE ON FINDING OF EMERGENCY WITH RESPECT TO ITEM 9.
Mr. Graves offered a motion to set forth 252:205-3 as an emergency rulemaking action. The second was made by Mr. Elwell. The motion passed unanimously after a roll call vote.
Agenda Item 11 - NEW BUSINESS: None
Agenda Item 12 - OPEN FORUM SESSION - None
Mr. Champlin asked how long it takes for the DEQ webpage to reflect the changes adopted today. Ms. Sharp answered that the rules are made available to the public as soon as we are notified by the state Office of Administrative Rules that the action has been finalized. We try to get it on the webpage as soon as possible.
Mr. Bradshaw asked when the next Board Meeting would be. Ms. Sharp stated that it would be February 25, 2000 in Oklahoma City at the DEQ Office Building. The rules that were voted on today will be presented then.
Mr. Bradshaw also asked about the future meetings of the Council. Ms. Reinhart announced the meetings that were scheduled as:
May 4 Northwest Oklahoma
August 24 Oklahoma City
October 19 Oklahoma City (not to conflict with EFO)
Meetings for the Environmental Quality Board for this year are:
February 25 Oklahoma City
June 20 Tulsa
August 29 Durant
November 14 Hooker
The council agreed to reserve a meeting room at the VoTech Building in Fairview for the May 4 meeting. It was understood that the council could change the present meeting dates for either of the other meetings, if necessary. The Secretary will need to advise the Secretary of State of any changes.
Mr. Graves commented that because the Council packet had furnished material prior to the meeting, it had lessened discussion from the floor during the meeting. He commended the staff (Jerry Sanger and Pamela Green) for providing copies of the Revision Checklist Summaries and the actual language for the rulemaking changes. This provided clear information, particularly for the Incorporation by Reference. There was a consensus from the other members. Ms. Sharp agreed and stated that we still bring the Federal Registers in case anyone wants to refer directly to them.
Agenda Item 13 - ADJOURNMENT
Mr. Kennedy offered a motion to adjourn which was seconded by Ms. Reinhart. The motion passed unanimously and the meeting adjourned at approximately 10:44 a.m.