MINUTES
AIR QUALITY COUNCIL
October 8, 2003
Department of Environmental Quality
Multipurpose Room 707 N. Robinson
Oklahoma City Oklahoma
APPROVED
January 14, 2004
Notice of Public Meeting The Air Quality Council convened for its regular meeting at 9:00 a.m. October 8, 2003, in the Multipurpose Room of the Department of Environmental Quality, 707 North Robinson, Oklahoma City, Oklahoma. Notice of the meeting was forwarded to the Office of the Secretary of State giving the date, time, and place of the meeting on December 5, 2002 and amended on June 18, 2003. At least twenty-four hours prior to the meeting, agendas were posted on the entrance doors at the DEQ Central Office in Oklahoma City.
As protocol officer, Ms. Beverly Smith convened the hearings by the Air Quality Council in compliance with the Oklahoma Administrative Procedures Act and Title 40 CFR Part 51, and Title 27A, Oklahoma Statutes, Sections 2-5-201 and 2-5-101 - 2-5-118. She entered the Agenda and the Oklahoma Register Notice into the record. Ms. Smith announced that the court reporter was not available for the meeting but would be providing transcripts from recorded tape. She added that forms were at the sign-in table for anyone wishing to comment on any of the rules. Ms. Sharon Myers called the meeting to order. Roll was called and a quorum confirmed.
MEMBERS PRESENTDavid Branecky
Bill Breisch
Gary Kilpatrick
Bob Lynch
Gary Martin
Sharon Myers
Sandra Rose
Rick Treeman
Joel Wilson
MEMBERS ABSENT
OTHERS PRESENT Sign-in sheet is attached as an official part of these Minutes / DEQ STAFF PRESENT
Eddie Terrill
Beverly Smith
Scott Thomas
Pam Dizikes
Kendall Cody
Joyce Sheedy
Max Price
Cheryl Bradley
Michelle Martinez
Lisa Donovan
Pat Sullivan
Leon Ashford
Dawson Lasseter
Gary Kurtz
Myrna Bruce
Approval of Minutes Ms. Myers called for approval of the July 16, 2003 Minutes. Hearing no discussion, she called for a motion to approve the Minutes as presented. Mr. Branecky made the motion with Mr. Treeman making the second.
Roll call.Rick Treeman Yes
Sandra Rose Yes
Bill Breisch Yes
Gary Kilpatrick Yes
David Branecky Yes / Bob LynchYes
Joel WilsonYes
Gary Martin Yes
Sharon Myers Yes
Motion carried.
Schedule of Meetings Calendar Year 2003 Mr. Terrill advised that the dates proposed were selected following the schedule set by the Environmental Quality Board for its meetings. Mr. Terrill stated that he preferred that Council not change the dates, but that locations could be changed. Mr. Wilson made motion to accept the dates and locations as proposed but move the October meeting to Broken Bow. Ms. Rose made the second. The 2004 dates approved were: January 14 in Oklahoma City; April 14 in Tulsa; July 21 in Oklahoma City; and October 20 in Broken Bow.
Roll call.Rick Treeman Yes
Sandra Rose Yes
Bill Breisch Yes
Gary Kilpatrick Yes
David Branecky Yes / Bob LynchYes
Joel WilsonYes
Gary Martin Yes
Sharon Myers Yes
Motion carried.
Ms. Smith convened the hearings and called upon Dr. Joyce Sheedy for the first presentation.
OAC 252:100-5 Registration, Emissions Inventory and Annual Operating Fees OAC 252:100-7 Permits for Minor Facilities
Dr. Sheedy advised that the proposal would establish a new permit exempt facility category. She advised that the Council heard this rulemaking on April 16, 2003 and July 16, 2003 and that workgroups met on May 23, July 8, July 29 and August 19. Dr. Sheedy detailed the concerns expressed during those meetings. Dr. Sheedy entered into record comments from EPA Region 6 and from OIPA that had been received too late to provide within the Agenda packet. Dr. Sheedy and Mr. Terrill fielded questions and comments from the Council. Ms. Myers reiterated that the staff’s recommendation was to continue this hearing to the next meeting. Mr. Branecky made the motion to continue with Mr. Kilpatrick making that second.
Roll call.Rick Treeman Yes
Sandra Rose Yes
Bill Breisch Yes
Gary Kilpatrick Yes
David Branecky Yes / Bob LynchYes
Joel WilsonYes
Gary Martin Yes
Sharon Myers Yes
Motion carried.
OAC 252:100-13 Open Burning
Staff presentation was made by Ms. Lisa Donovan. She pointed out changes recommended to clarify the scope of the conditions for open burning, and housekeeping measures and corrections made while the rule is open. Ms. Donovan detailed the changes proposed and, along with Mr. Terrill, answered questions and responded to comments. Ms. Myers called for motion to continue the hearing at staff’s recommendation. Mr. Martin made the motion. Mr. Wilson made the second.
Roll call.Rick Treeman Yes
Sandra Rose Yes
Bill Breisch Yes
Gary Kilpatrick Yes
David Branecky Yes / Bob LynchYes
Joel WilsonYes
Gary Martin Yes
Sharon Myers Yes
Motion carried.
OAC 252:100-41 Control of Emission of Hazardous Air Pollutants and Toxic Air Contaminants
Mr. Max Price advised that staff recommended updating the incorporations by reference to include new and amended NESHAP standards contained in 40 CFR Part 61 and 63. He listed the standards proposed for incorporation. Hearing no discussion, Ms. Myers called for motion to approve as presented and forward to the Environmental Quality Board for permanent adoption. Mr. Wilson made the motion and the second was by Mr. Kilpatrick.
Roll call.Rick Treeman Yes
Sandra Rose Yes
Bill Breisch Yes
Gary Kilpatrick Yes
David Branecky Yes / Bob LynchYes
Joel WilsonYes
Gary Martin Yes
Sharon Myers Yes
Motion carried.
Appendix E Primary Ambient Air Quality Standard
Appendix F Secondary Ambient Air Quality Standards
Mr. Leon Ashford presented staff’s recommendation stating that the Department proposed the addition of the 0.08 ppm 8-hour ozone standard to both the Primary and Secondary Ambient Air Quality Standards contained in Appendices E and F. He added that the Department is the delegated authority to administer the federal Clean Air Act requirements and Oklahoma is required to provide a State Implementation Plan that includes measures to achieve acceptable air quality. Mr. Terrill indicated that the PM 2.5 standard was inadvertently left out of this proposal so would be brought before the Council at a later meeting. Ms. Myers mentioned that staff’s recommendation was for Council to adopt the rule as written and forward to the Environmental Quality Board for permanent rulemaking. Mr. Wilson made the motion and Mr. Treeman made the second.
Roll call.Rick Treeman Yes
Sandra Rose Yes
Bill Breisch Yes
Gary Kilpatrick Yes
David Branecky Yes / Bob LynchYes
Joel WilsonYes
Gary Martin Yes
Sharon Myers Yes
Motion carried.
State 111(d)/129 Plan for Commercial and Industrial Solid Waste Incinerators
Ms. Lisa Donovan advised that although no formal Council approval is required, federal regulations require that a public hearing be held to receive comments from the Council and public on the proposed plan. She advised that the proposed 111(d) plan would implement Emission Guidelines for Commercial and Industrial Solid Waste Incineration Units. Ms. Donovan listed all the necessary components of the Plan and provided copies for those who wanted to see it in its entirety. Ms. Donovan and Mr. Lasseter fielded questions and comments regarding the Plan.
Petition for rulemaking - Decision whether to refer petition to staff to initiate rulemaking
Ms. Pam Dizikes, Air Quality Division Legal Counsel, advised that a petition for rulemaking had been received seeking amendments for fugitive dust requirements in subchapter 29. She advised that Council’s role was to make the determination whether rulemaking should be recommended for formal rulemaking proceeding, whether to let this petition die, or to give specific instructions to staff on how they should proceed with this particular request. Ms. Myers called upon several people to present their viewpoints regarding this rulemaking request. Ms. Myers then called for questions of the presenters and/or Mr. Terrill. Following considerable discussion, Mr. Branecky moved that this petition be recommended for rulemaking and that staff review the petition and present staff’s position with respect to the proposed revisions at Council’s January meeting. Mr. Kilpatrick seconded that motion.
Roll call.Rick Treeman Yes
Sandra Rose Yes
Bill Breisch Yes
Gary Kilpatrick Yes
David Branecky Yes / Bob LynchYes
Joel WilsonYes
Gary Martin Yes
Sharon Myers Yes
Motion carried.
Division Director’s Report Mr. Terrill advised that he would be prepared to discuss a proposed approach to rulemaking hearings on the EPA’s revised New Source Review at the January meeting. He said that he would be attending the STAPPA meeting next week and expected that a model rule would be presented at that meeting.
He stated that the Repair and Maintenance rulemaking would be before the Council for rulemaking at a later date.
As a final item, Mr. Terrill updated the Council on the Early Action Compact stating that they are on track to meet the March 31st deadline to identify a control strategy for EPA.
NEW BUSINESS - None
ADJOURNMENT - 12:15 p.m. Next meeting scheduled for January 14, 2004.
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DEPARTMENT OF ENVIRONMENTAL QUALITY
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STATE OF OKLAHOMA
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6 TRANSCRIPT OF PROCEEDINGS
7 OF THE AIR QUALITY ADVISORY COUNCIL
8 OF PUBLIC HEARING ON ITEM NOS. 1-5A
9 OAC 252:10-5
10 REGISTRATION, EMISSIONS INVENTORY AND
11 ANNUAL OPERATING FEES
12 OAC 252:100-7
13 PERMITS FOR MINOR FACILITIES
14 HELD ON OCTOBER 8, 2003, AT 9:00 A.M.
15 IN OKLAHOMA CITY, OKLAHOMA
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REPORTED BY: Christy A. Myers, CSR
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24 MYERS REPORTING SERVICE
(405) 721-2882
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MEMBERS OF THE COUNCIL
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5 1. MR. DAVID BRANECKY - MEMBER
6 2. MR. BILL BREISCH - MEMBER
7 3. MR. GARY KILPATRICK - MEMBER
8 4. DR. BOB LYNCH - VICE CHAIRMAN
9 5. MR. GARY MARTIN - MEMBER
10 6. MS. SHARON MYERS - CHAIR
11 7. MS. SANDRA ROSE - MEMBER
12 8. MR. RICK TREEMAN - MEMBER
13 9. MR. JOEL WILSON - MEMBER
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2 STAFF MEMBERS
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4 MS. MYRNA BRUCE - SECRETARY
5 MR. EDDIE TERRILL - DIVISION DIRECTOR
6 MS. SCOTT THOMAS - AQD
7 DR. JOYCE SHEEDY - AQD
8 MS. PAM DIZIKES - LEGAL
9 MS. KENDAL CODY - LEGAL
10 MS. LISA DONOVAN - AQD
11 MR. MAX PRICE - AQD
12 MS. BEVERLY BOTCHLET-SMITH - AQD
13 MS. MICHELLE MARTINEZ - AQD
14 MS. CHERYL BRADLEY - AQD
15 MS. PAT SULLIVAN - AQD
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Christy A. Myers
Certified Shorthand Reporter
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2 PROCEEDINGS
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4 MS. MYERS: Let's get started,
5 please. Myrna, would you call roll?
6 MS. BRUCE: Let me get my
7 technical things going here.
8 MS. MYERS: And before we get
9 started would you please make sure all
10 pagers and cell phones are off.
11 MR. TERRILL: Let me just mention
12 before we go on the record, we don't have a
13 court reporter here today, because she had
14 a conflict and couldn't be here today. So
15 it will be just like she's here but we
16 couldn't get her here today. And the last
17 time we had someone sit in for her it was a
18 nightmare. The minutes were not very good.
19 So we decided to have her transcribe the
20 meeting rather than risk somebody that
21 didn't understand the lingo.
22 MS. BRUCE: Roll call. Mr.
23 Treeman.
24 MR. TREEMAN: Here.
25 MS. BRUCE: Ms. Rose.
Christy A. Myers
Certified Shorthand Reporter
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1 MS. ROSE: Here.
2 MS. BRUCE: Mr. Breisch
3 MR. BREISCH: Here.
4 MS. BRUCE: Mr. Kilpatrick.
5 MR. KILPATRICK: Here.
6 MS. BRUCE: Mr. Branecky.
7 MR. BRANECKY: Here.
8 MS. BRUCE: Ms. Myers.
9 MS. MYERS: Here.
10 MS. BRUCE: Dr. Lynch.
11 DR. LYNCH: Here.
12 MS. BRUCE: Mr. Wilson.
13 MR. WILSON: Here.
14 MS. BRUCE: And, Mr. Martin.
15 MR. MARTIN: Here.
16 MS. MYERS: The next item on the
17 Agenda is approval of the minutes. Is
18 there any discussion or comments?
19 MR. BRANECKY: I move the minutes
20 be approved.
21 MS. MYERS: We have a motion for
22 approval. Do we have a second?
23 MR. TREEMAN: Second.
24 (Off-the-record comments)
25 MS. BRUCE: Mr. Treeman, approval
Christy A. Myers
Certified Shorthand Reporter
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1 of the minutes please, sir.
2 MR. TREEMAN: Aye.
3 MS. BRUCE: Ms. Rose.
4 MS. ROSE: Yes.
5 MS. BRUCE: Mr. Breisch.
6 MR. BREISCH: Yes.
7 MS. BRUCE: Mr. Kilpatrick.
8 MR. KILPATRICK: Yes.
9 MS. BRUCE: Mr. Branecky.
10 MR. BRANECKY: Yes.
11 MS. BRUCE: Dr. Lynch.
12 DR. LYNCH: Yes.
13 MS. BRUCE: Mr. Wilson.
14 MR. WILSON: Yes.
15 MS. BRUCE: Mr. Martin.
16 MR. MARTIN: Yes.
17 MS. BRUCE: Ms. Myers.
18 MS. MYERS: Yes.
19 The next item on the Agenda is
20 setting the meeting schedule for calendar
21 year 2004.
22 MR. TERRILL: What you've got
23 there is the DEQ Board set their Agenda at
24 their last meeting and that's what you see
25 down below. What we did is we just
Christy A. Myers
Certified Shorthand Reporter
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1 selected the dates that allowed us to do
2 our notices and the things we have to do
3 prior to the meeting.
4 We just threw in the locations. If
5 you all want to move one or two, that's
6 your prerogative. I would like for you not
7 to move the dates, though, because the
8 dates are pretty firm that we need to have
9 them there in order to meet all the notice
10 requirements. The locations are totally up
11 to you all.
12 We're going to keep it at four for
13 next year. We may very well have to have
14 some special meetings for New Source Review
15 discussions or Early Action Compact rule
16 changes that we need to make, so we may end
17 up having two, three, or four other special
18 meetings dispersed around our regularly
19 scheduled meetings.
20 MS. MYERS: Any discussion or
21 suggestions from the Council on meetings or
22 places to hold meetings?
23 MR. TERRILL: I don't know that
24 you all have to -- if you all decide that
25 you just want to accept the dates, we can
Christy A. Myers
Certified Shorthand Reporter
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1 move the locations at a later time. If we
2 were going to move the January 14th
3 meeting, we would need to know that because
4 sometimes it is difficult to get a place to
5 have them. But if you all wanted to think
6 about the ones later in the year, you don't
7 have to designate the locations at this
8 point, just the dates.
9 MR. BREISCH: Do you need a
10 motion to accept the dates or what?
11 MR. BRANECKY: Just the dates?
12 MR. TERRILL: Whatever is your
13 pleasure. We have somebody who wants to
14 speak.
15 MR. BUD GROUND: I wonder if you
16 could tell us what those dates are?
17 MS. MYERS: Wednesday, January
18 14th, currently proposed to be held in
19 Oklahoma City. Wednesday, April 14th,
20 proposed to be held in Tulsa. Wednesday,
21 July 21st, proposed to be held in Oklahoma
22 City. Wednesday, October 20th, proposed to
23 be held in Oklahoma City, but I'd sure like
24 it to be Broken Bow.
25 MR. WILSON: I second that.
Christy A. Myers
Certified Shorthand Reporter
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1 MR. BRANECKY: And seriously, I
2 realize that a lot of our air quality
3 issues are in Tulsa and Oklahoma City but
4 there are issues outside those areas and I
5 would also not oppose moving one of those
6 to some other place in the State. We can
7 decide that now or later, right?
8 MS. MYERS: Yes. Whatever is the
9 pleasure of the Council.
10 MR. WILSON: It's not too
11 difficult to scratch out Oklahoma City and
12 put Broken Bow down there, is it?
13 MS. MYERS: Right. Any
14 discussion?
15 MR. BRANECKY: Are you proposing
16 that?
17 MR. WILSON: I'm proposing that.
18 MS. MYERS: Is that a motion?
19 MR. WILSON: I'll move that we
20 change the proposed Agenda location of the
21 October 20th Council meeting to Broken Bow.
22 MS. ROSE: Second.
23 MS. MYERS: We have a motion and
24 a second. Myrna, would you call roll?
25 MS. BRUCE: Mr. Treeman.
Christy A. Myers
Certified Shorthand Reporter
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1 MR. TREEMAN: Yes.
2 MS. BRUCE: Ms. Rose.
3 MS. ROSE: Yes.
4 MS. BRUCE: Mr. Breisch.
5 MR. BREISCH: Yes.
6 MS. BRUCE: Mr. Kilpatrick.
7 MR. KILPATRICK: Yes.
8 MS. BRUCE: Mr. Branecky.
9 MR. BRANECKY: Yes.
10 MS. BRUCE: Dr. Lynch.
11 DR. LYNCH: Yes.
12 MS. BRUCE: Mr. Wilson.
13 MR. WILSON: Yes.
14 MS. BRUCE: Mr. Martin.
15 MR. MARTIN: Yes.
16 MS. BRUCE: Ms. Myers.
17 MS. MYERS: Yes.
18 The next item on the Agenda is the
19 public rulemaking hearings. And at this
20 point I will turn it over to our new
21 hearing officer, Beverly.
22 MS. BOTCHLET-SMITH: Good
23 morning. I am Beverly Botchlet-Smith. I
24 am Environmental Program Manager with the
25 Air Quality Division and I'll be serving as
Christy A. Myers
Certified Shorthand Reporter
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1 Protocol Officer for today's meeting.
2 These hearings will be convened by
3 the Air Quality Council in compliance with
4 the Oklahoma Administrative Procedures Act
5 and Title 40 of the Code of Federal
6 Regulations, Part 51, as well as the
7 authority of Title 27A of the Oklahoma
8 Statutes, Section 2-2-201, Sections 2-5-101
9 through 2-5-118.
10 These hearings were advertised in
11 the Oklahoma Register for the purpose of
12 receiving comments pertaining to the
13 proposed OAC Title 252, Chapter 100 rules,
14 as listed on the Agenda and will be entered
15 into each record along with the Oklahoma
16 Register filing.
17 If you wish to make a statement, it
18 is very important that you complete the
19 form at the registration table, and you
20 will be called upon at the appropriate
21 time.
22 And, as Eddie mentioned, when the
23 meeting date was changed from the 15th to
24 the 8th, our Court Reporter had a conflict.
25 She will not be here today and she will be
Christy A. Myers
Certified Shorthand Reporter
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1 providing transcripts from our tape
2 recordings.
3 Council and staff making
4 presentations, please talk into the
5 microphones. Audience members, please come
6 to the podium to make any comments and
7 please state your name prior to making
8 those comments.
9 At this time we will proceed with
10 what's marked as Agenda Item No. 5A on the
11 Hearing Agenda. OAC 252:100-5,
12 Registration, Emissions Inventory and
13 Annual Operating Fees; and OAC 252:100-7,
14 Permits for Minor Facilities.
15 We call on Dr. Joyce Sheedy of our
16 staff to give our position on the rule.
17 DR. JOYCE SHEEDY: Madam Chair,
18 Members of the Council, ladies and
19 gentlemen.
20 The proposal to establish a new
21 permit exempt facility category was first
22 presented at the Air Quality Council
23 meeting on April 16, 2003. The hearing was