MINUTES
AIR QUALITY COUNCIL
APRIL 17, 2002
OSU @ Tulsa, North Hall Room 150
TULSA, OKLAHOMA
For Approval
Approved July 17, 2002
Council Members Present David Branecky, Chairman Sharon Myers, Vice-ChairWilliam B. Breisch
Fred Grosz
Robert Lynch
Gary Martin
Rick Treeman
Joel Wilson / Staff Present
Eddie Terrill
David Dyke
Scott Thomas
Dawson Lasseter
Pam Dizikes / Staff Present
Joyce Sheedy
Pat Sullivan
Max Price
Myrna Bruce
Council Members Absent
Gary Kilpatrick / Guests Present **
See attached list
Notice of Public Meeting for April 17, 2002 was forwarded to the Office of the Secretary of State giving the date, time, and place of the meeting. At least twenty-four hours prior to the meeting, agendas were posted on the entrance doors at the DEQ Central Office in Oklahoma City and at the entrance of the meeting facility.
Callto Order ChairmanBranecky called the meeting to order and asked Ms. Bruce to call the roll. Roll call: Dr. Grosz - here; Dr. Lynch - here; Mr. Martin - here; Mr. Treeman - here; Mr. Wilson - here; Ms. Myers - here; and Mr. Branecky - here. Mr. Breisch arrived late and Mr. Kilpatrick did not attend.
Approval of Minutes Motion to approve the Minutes of the January 16, 2002 Regular Council meeting was made by Dr. Grosz and second was made by Mr. Wilson. Roll call: Dr. Grosz - aye; Dr. Lynch - aye; Mr. Martin - aye; Mr. Treeman - aye; Mr. Wilson - aye; Ms. Myers - aye; and Mr. Branecky - aye.
Protocol Statement As protocol officer, Mr. Dyke 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. Mr. Dyke entered the agenda and the Oklahoma Register Notice into the record. He added that forms were at the sign-in table for anyone wishing to comment on any of the rules.
PUBLIC HEARING
OAC 252-100-39-47 Emission of Volatile Organic Compounds (VOCs) in Nonattainment Areas and Former Nonattainment Areas [AMENDED]
Appendix N. Specialty Coatings VOC Content Limits and Equations [NEW]
Dr. Joyce Sheedy spoke on behalf of staff advising that this proposed rule was brought before the Council on January 16, 2002 meeting. Dr. Sheedy corrected an error in the packet memo in the second paragraph making it read Section 47 instead of 39.
Dr. Sheedy advised that the proposal would replace the existing individual ARACT for aerospace sources in Tulsa County with the requirements contained in the EPA Guidelines for coating operations (EPA-453/R-97-004); and that the proposal would also eliminate inconsistencies between the rule and aerospace NESHAP 40 CFR 63 Subpart GG. Staff believed that these clarifications would result in a more enforceable rule. Dr. Sheedy added that the proposal also contained a new Appendix N that would list the VOC content limits that constitute RACT for specialty coatings and include the formula used to calculate VOC content.
Dr. Sheedy pointed out changes made as a result of comments from the workgroup meeting held on February 7, 2002 and from EPA. She advised that a summary of those comments and responses are included in the Agenda Packet. She then outlined the comments for the record. Dr. Sheedy fielded questions and comments from the Council and the audience.
Dr. Sheedy advised that the staff recommended that the rule be passed on to the Environmental Quality Board for both permanent and emergency adoption. Mr. David Bradshaw, Environmental Manager with Boeing, Ms. Thelma Norman, Senior Engineer at American Airlines, and Mr. Alan Shar, EPA Region VI, all spoke in support of the revisions and encouraged both permanent and emergency adoption of the proposed rule. Mr. Branecky called for a motion. Mr. Martin made motion to recommend the rule to the Environmental Quality Board for both permanent and emergency adoption. Second was made by Mr. Treeman. Roll call: Mr. Breisch - aye; Dr. Grosz - aye; Dr. Lynch - aye; Mr. Martin - aye; Mr. Treeman - aye; Mr. Wilson - aye; Ms. Myers - aye; and Mr. Branecky - aye.
A copy of the hearing transcript is attached and made an official part of these minutes.
PUBLIC HEARING
OAC 252:100-11-2 and 11-6(b)(2) Alternative Emissions Reduction Plans and Authorizations [AMENDED]
Dr. Joyce Sheedy gave staff presentation advising that this rule had been before the Council at the January 16, 2002 meeting. Dr. Sheedy pointed out that the proposal would enhance an applicant’s chance to receive EPA’s approval of an alternative emissions reduction plan as a source-specific SIP revision. She stated that the proposed revision would add the requirement that the plan must provide for a reduction in actual emissions, would clarify what information is necessary in the application for such a plan, and would define the requirements and limitations for the plan.
Dr. Sheedy advised of comments received from EPA Region 6 and entered them into the record. She then pointed out the proposed revisions and fielded questions from Council and audience. She stated that staff’s recommendation would be for adoption as a permanent rule. Following much discussion about the proper wording for the suggested changes, Ms. Myers made a motion to continue this hearing to the July 17 meeting. Dr. Lynch seconded that motion. Roll call: Mr. Breisch - aye; Dr. Grosz - aye; Dr. Lynch - aye; Mr. Martin - aye; Mr. Treeman - aye; Mr. Wilson - aye; Ms. Myers - aye; and Mr. Branecky - aye.
A copy of the hearing transcript is attached and made an official part of these minutes.
PUBLIC HEARING
OAC 252:100-8 Permits for Part 70 Sources [AMENDED]
OAC 252:100-39 Emission of Volatile Organic Compounds (VOCs)
in Nonattainment Areas and Former Nonattainment Areas [AMENDED]
OAC 252:100-43 Sampling and Testing Methods [AMENDED]
OAC 252:100-45 Monitoring of Emissions [REVOKED]
Mr. Max Price spoke on behalf of the staff stating that the recommendations for all four rules would be one single action because changes would merge the requirements of Subchapter 45 into Subchapters 8 and 43 and then revoke Subchapter 45. Staff felt that these changes would simplify and clarify the Division Director’s authority to require monitoring, testing and recordkeeping for sources subject to the Air Quality Rules in Oklahoma. Mr. Price also set forth nine proposed significant revisions. He stated that it was staff’s recommendation to continue the hearing to the Council’s July meeting to allow time for further public comment. Mr. Price then fielded questions from the Council and audience.
Mr. Terrill stated that he would like to have feedback on these proposals and asked that everyone with concerns and suggestions regarding these proposals to inform staff in writing to be reviewed before the July meeting. With that, Mr. Wilson made motion to continue to the July meeting. Ms. Myers made the second. Roll call: Mr. Breisch - aye; Dr. Grosz - aye; Dr. Lynch - aye; Mr. Martin - aye; Mr. Treeman - aye; Mr. Wilson - aye; Ms. Myers - aye; and Mr. Branecky - aye.
A copy of the hearing transcript is attached and made an official part of these minutes.
PUBLIC HEARING
OAC 252:100-5 Registration, Emissions Inventory and Annual Operating Fees [AMENDED]
Mr. Max Price gave staff’s recommendations concerning this rule stating that the proposal would add language to 252:100-5-2.1 that would require stack testing to verify reported emissions for certain categories of fuel-burning equipment. Mr. Price provided specifics of these requirements and responded to comments received by Georgia Pacific, the Air Working Group, and from the EPA. He advised that these changes are substantive, therefore, he recommended that the hearing be continued to the July 17 Council meeting to allow time for further public comment. Following questions and comments from Council and the public, Mr. Branecky entertained a motion to continue the hearing to the next meeting. Ms. Myers made that motion and Dr. Grosz made the second. Roll call: Mr. Breisch - aye; Dr. Grosz - aye; Dr. Lynch - aye; Mr. Martin - aye; Mr. Treeman - aye; Mr. Wilson - aye; Ms. Myers - aye; and Mr. Branecky - aye.
A copy of the hearing transcript is attached and made an official part of these minutes.
New Business None
AdjournmentWith no further business, the meeting was adjourned. The next regularly scheduled meeting will be at 9 a.m. on July 17, 2002 at the DEQ offices in Oklahoma City at 707 North Robinson, Oklahoma City, Oklahoma instead of in Lawton as originally scheduled.
NOTE: The sign-in sheet is attached as an official part of these Minutes.
______
David Branecky, Chairman
Air Quality Council
______
J. Eddie Terrill, Director
Air Quality Division
1
1
2 DEPARTMENT OF ENVIRONMENTAL QUALITY
3 AIR QUALITY DIVISION
4 STATE OF OKLAHOMA
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6
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7
8 TRANSCRIPT OF HEARING
9 ON OAC 252:100-39-47
10 EMISSION OF VOLATILE ORGANIC COMPOUNDS IN
11 NONATTAINMENT AREAS AND
12 FORMER NONATTANINMENT AREAS
13 HELD ON APRIL 17, 2002, AT 10:00 A.M.
14 IN TULSA, OKLAHOMA
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* * * * *
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24 REPORTED BY: CHRISTY A. MYERS, C.S.R.
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1 COUNCIL MEMBERS
2 David Branecky, Chairman
3 Sharon Myers, Vice-Chairman
4 Rick Treeman
5 Joel Wilson
6 Gary Kilpatrick
7 Dr. Robert Lynch
8 Dr. Fred Grosz
9 Mr. Bill Breisch
10 Mr. Gary Martin
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12 STAFF MEMBERS
13 Eddie Terrill, Director
14 David Dyke, Assistant Director
15 Myrna Bruce, Secretary
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1
2 PROCEEDINGS
3 MR. BRANECKY: Let's go ahead and
4 get started. The first item on the agenda
5 -- well, I guess, really before the first
6 one, is just a reminder. If you do have a
7 cell phone, we would appreciate it if you
8 would either turn it off or turn it on
9 vibrate or whatever.
10 And with that, Myrna, would you go
11 ahead and call roll.
12 MS. BRUCE: Dr. Grosz.
13 DR. GROSZ: Here.
14 MS. BRUCE: Dr. Lynch.
15 DR. LYNCH: Here.
16 MS. BRUCE: Mr. Martin.
17 MR. MARTIN: Here.
18 MS. BRUCE: Mr. Treeman.
19 MR. TREEMAN: Here.
20 MS. BRUCE: Mr. Wilson.
21 MR. WILSON: Here.
22 MS. BRUCE: Ms. Myers.
23 MS. MYERS: Yes.
24 MS. BRUCE: Mr. Branecky.
25 MR. BRANECKY: Here.
4
1 MS. BRUCE: For the record,
2 absent is Gary Kilpatrick, Bill Breisch
3 will be in later.
4 MR. BRANECKY: Mr. Breisch and
5 Mr. Terrill are currently meeting with the
6 Mayor of Tulsa, discussing with the Mayor
7 the ozone flex issue proposal. So they
8 should be here probably in another thirty
9 minutes. We will continue without them.
10 The next item on the agenda is
11 approval of the Minutes. Do I have any
12 motions for the approval?
13 MR. GROSZ: So moved.
14 MR. WILSON: Second.
15 MR. BRANECKY: Myrna, call the
16 roll, please.
17 MS. BRUCE: Dr. Grosz.
18 DR. GROSZ: Aye.
19 MS. BRUCE: Dr. Lynch.
20 DR. LYNCH: Yes.
21 MS. BRUCE: Mr. Martin.
22 MR. MARTIN: Yes.
23 MS. BRUCE: Mr. Treeman.
24 MR. TREEMAN: Yes.
25 MS. BRUCE: Mr. Wilson.
5
1 MR. WILSON: Yes.
2 MS. BRUCE: Ms. Myers.
3 MS. MYERS: Yes.
4 MS. BRUCE: Mr. Branecky.
5 MR. BRANECKY: Yes.
6 All right. With that, we'll get
7 into the public hearing portion of the
8 meeting. And with that, Mr. Dyke.
9 MR. DYKE: Good morning. I'm
10 David Dyke, I'm Assistant Director of the
11 Air Quality Division. As such, I'll act as
12 the Protocol Officer for today's hearings.
13 These hearings will be convened by
14 the Air Quality Council in compliance with
15 the Oklahoma Administrative Procedures Act,
16 Title 40 of the Code of Federal
17 Regulations, Part 51, as well as Authority
18 of Title 27A of the Oklahoma Statutes,
19 Section 2-2-201, Sections 2-5-101 through
20 2-5-118.
21 These hearings were advertised in
22 the Oklahoma Register for the purpose of
23 receiving comments pertaining to the
24 proposed OAC Title 252, Chapter 100 Rules,
25 as listed on the amended agenda, which will
6
1 be entered into the record, along with the
2 Oklahoma Register filing.
3 If you wish to make a statement,
4 please complete one of these forms at the
5 registration table and you will be called
6 upon at the appropriate time.
7 We'll begin this morning with what's
8 marked as Agenda Item 4A, OAC 252:100-39-
9 47, Emission of Volatile Organic Compounds
10 in Nonattainment Areas and Former
11 Nonattainment Areas, along with Appendix
12 N., Specialty Coatings VOC Content Limits
13 and Equations.
14 We'll call upon Dr. Joyce Sheedy.
15 DR. SHEEDY: Mr. Chairman,
16 Members of the Council, ladies and
17 gentlemen, the proposed revision to
18 Subchapter 39, Section 47, Control of VOC
19 Emissions from Aerospace Industries -- does
20 that sound all right?
21 THE REPORTER: That's fine.
22 DR. SHEEDY: Okay. It just
23 sounds funny to me.
24 This revision was first brought to
25 the Council at the January 2002 Air Quality
7
1 Meeting and was continued until today's
2 meeting to allow resolution of the unsolved
3 issue.
4 Before we get started, let me point
5 out to the Council that in the packet, in
6 the memo concerning this change, there is
7 an error in the second paragraph.
8 MR. DYKE: Excuse me, Joyce.
9 You're going to have to get a little
10 closer.
11 DR. SHEEDY: Okay. Does it echo
12 to you all, or just to me?
13 MR. BRANECKY: I can hear a
14 little bit of an echo.
15 (Off the record discussion about
16 microphone.)
17 MR. DYKE: Go ahead and continue.
18 We'll get it corrected. Continue.
19 DR. SHEEDY: It's on the second
20 sentence of the second paragraph where it
21 says Section 39, it should be Section 47.
22 MR. DYKE: Cover that again,
23 Joyce. Would you?
24 DR. SHEEDY: On the second
25 paragraph of the memo, in the second
8
1 sentence, Section 39 should be Section 47
2 in the memo to the Council. Okay.
3 In the past, EPA designated Tulsa
4 County as nonattainment for ozone. Tulsa
5 County regained ozone attainment status in
6 1990. The requirement that aerospace
7 manufacturing and rework coating operations
8 reduce VOC emissions by implementation of
9 Reasonable Available Control Technology
10 (RACT) was part of the Oklahoma strategy to
11 bring Tulsa County back into attainment
12 status.
13 Although EPA has prepared and
14 published Control Technology Guidelines, or
15 CTG, containing presumptive RACT for many
16 industries, at the time Tulsa was
17 nonattainment there was no presumptive RACT
18 for the aerospace industry. Each aerospace
19 manufacturing, rework, or repair facility
20 in Tulsa County with the potential to emit
21 greater than 10 tons per year of VOC from
22 coating operations was required to develop
23 their own Alternative Reasonable Available
24 Control Technology plan, or ARACT. These
25 plans were submitted to EPA as source
9
1 specific State Implementation Plans, or SIP
2 modifications. Section 47 of Subchapter 39
3 contains the ARACT requirements.
4 Although Tulsa County has regained
5 ozone attainment status, these facilities
6 remain subject to their individual ARACT
7 plans. In the interim, EPA has published a
8 presumptive RACT for aerospace
9 manufacturing and rework coating operations
10 in EPA Guideline Series: Control of
11 Volatile Organic Compounds, Emissions from
12 Coating Operations at Aerospace
13 Manufacturing and Rework Operations, EPA-
14 453/R-97-004, dated December 1997.
15 The proposed revision to Section 47
16 replaces the existing individual ARACTs
17 with the requirements contained in the CTG
18 for coating operations. The proposed
19 revision will ensure that in the future
20 these facilities will all be held to the
21 same standards and requirements regarding
22 VOC emissions from coating operations. The
23 proposed changes will also eliminate
24 inconsistencies between the rule and
25 aerospace NESHAP 40 CFR 63 Subpart GG to
10
1 which many of these same sources are
2 subject.
3 The clarification and the
4 elimination of inconsistencies provided by
5 the proposed changes should result in a
6 more enforceable rule.
7 In addition, a new Appendix N is
8 proposed. Appendix N lists the VOC content
9 limits that constitute RACT for specialty
10 coatings. The appendix also includes the
11 formula to be used to calculate VOC content
12 of specialty coatings for determining
13 compliance with the VOC content limits in
14 Appendix N.
15 A workgroup was formed to resolve
16 the issues that were brought forward at the
17 January Air Quality Council Meeting. This
18 workgroup met on February 7, 2002.
19 Based on that meeting and in
20 response to the comments received at that
21 meeting, at the January Council Meeting,
22 rather, a number of changes have been made
23 to the proposed revisions since the January
24 Council Meeting.
25 Comments were received from EPA,
11
1 Region 6, by fax on April 16, 2002, in
2 which EPA stated that they have no comments
3 in addition to those they presented -- that
4 were presented with the January 2002
5 meeting.
6 A summary of the written comments
7 and staff responses from the comments
8 presented at the January meeting are
9 included in your Council packets.
10 No expansion in the coverage of this
11 rule is proposed. That is, our intent is
12 for all those aerospace manufacturing and
13 rework coating operations that are
14 currently subject to Section 47 will remain
15 subject to Section 47. It is not our
16 intent to include existing operations that
17 are not currently subject to Section 47.
18 Except for portions of the
19 applicability subsection and a few
20 definitions, the contents of Section 47
21 have been replaced with the requirement of
22 the CTG.
23 In the instances where the
24 requirements in the guideline were
25 essentially the same as those in Subpart
12
1 GG, the Subpart is referenced in the rule
2 instead of repeating the requirement.
3 Facilities subject to the same or more
4 stringent requirements in Subpart GG are
5 generally considered to be in compliance
6 with Section 47 if they are in compliance
7 with Subpart GG.
8 The following changes are proposed
9 to Section 47 of Subchapter 39:
10 Subsection (a) Applicability, on
11 page 1, has been changed considerably since
12 the January meeting to make clear which
13 facilities and operations are subject to
14 the entire section and to list activities
15 that are exempt from the entire section.
16 A new Subsection (b), on page 1, has
17 been added to make clear that references to
18 the aerospace NESHAP refers to the Subpart
19 GG as it existed on July 1, 2001.
20 Definitions for "chemical milling
21 maskants", "operating parameter values",
22 and "specialty coatings", have been added
23 to Subsection (c) on pages 1 and 2. And