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DEQ Board & Council Member Orientation September 25, 2008 9:30 a.m. Office of the General Counsel, Legal Services Division Jimmy Givens General Counsel Board & Councils Secretary Myrna Bruce General Counsel Jimmy Givens Deputy General Counsel Martha Penisten Personnel Attorney

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Presentation Transcript
slide3

Board & Councils Secretary

Myrna Bruce

General Counsel

Jimmy Givens

Deputy General Counsel

Martha Penisten

Personnel Attorney

Cristi Andrews

Criminal Investigations Unit Dennis Williams

Michael Freeman

Supervising Attorney

Environmental Complaints & Local Services

Mista Turner-Burgess

Supervising Attorney Air Quality

Sarah Penn

Supervising Attorney

Land Protection

Sonny Johnson

Supervising Attorney

Water Quality

Don Maisch

major functions of the office of general counsel
Major Functions of the Office of General Counsel
  • Provide legal input, drafting assistance, etc., for legislation and rulemaking activities of the DEQ
  • Counsel and represent the agency in enforcement actions and litigation
  • Provide “general counsel” services, e.g., legal research, legal memos, review of correspondence, guidance on open records and open meetings, drafting and review of contracts, advice on personnel issues, etc.
while we re on the subject
While we’re on the subject . . .
  • A word about legal counsel for the Board and Councils
board councils and rulemaking 101
Board, Councils and Rulemaking 101

κατευθυντήριαδιαδικασία 101

environmental quality board eqb
Environmental Quality Board (EQB)
  • 13 members, appointed by the Governor, confirmed by the Senate, for 5-year terms
  • Composition
  • Environmental Professional
  • General Industry
  • Hazardous Waste Industry
  • Solid Waste Industry
  • Water Usage
  • Petroleum Industries
  • Agriculture Industries
  • Conservation Districts
  • Local Government
  • Rural Water District
  • Statewide Nonprofit Environmental Organization (3)
eqb meetings
EQB Meetings
  • Must meet at least three times per year
  • One meeting must be during legislative session
  • Quorum = seven members
  • DEQ staff handles notice to Secretary of State of date, time and place of meetings and posting of meeting agendas
eqb duties
EQB Duties
  • Appoint and set compensation of

Executive Director

  • Adopt rules for the DEQ
  • Review and approve annual DEQ budget request
  • Provide input to DEQ on goals and objectives
  • Provide forums for public comments
advisory councils
Advisory Councils
  • Seven advisory councils
    • Air Quality Advisory Council
    • Hazardous Waste Management Advisory Council
    • Laboratory Services Advisory Council
    • Radiation Management Advisory Council
    • Solid Waste Management Advisory Council
    • Water Quality Management Advisory Council
    • Water & Wastewater Works Advisory Council
    • Also, Small Business Compliance Advisory Panel
advisory councils continued
Advisory Councils (continued)
  • Air Quality Advisory Council (AQAC)
  • Nine members appointed by Governor, confirmed by the Senate
  • Seven-year terms
  • Other advisory councils
  • Nine members appointed (three each) by Governor, Speaker of the House, and Senate President Pro Tem
  • Three-year terms
  • Members represent a cross-section of government, industry, and environmental interests
advisory council meetings
Advisory Council Meetings
  • Must meet at least once per year

(except AQAC must meet twice)

  • Quorum = 5 members
  • At least 5 members must concur in rulemaking recommendations to the Board
  • DEQ staff handles notice to Secretary of State of date, time and place of meetings and posting of meeting agendas
advisory council duties
Advisory Council Duties
  • Conduct rulemaking hearings
  • Recommend rules to the Board
  • Make other recommendations to the Board or DEQ related to the Council’s area of jurisdiction, e.g., the need for workshops and seminars
  • Provide public forums
two types of rules
Two Types of Rules
  • Permanent
  • Emergency

Except as otherwise specified, we will focus today on the process for permanent rules

general flow of a rule
General “Flow” of a Rule
  • Idea  Draft  Public Notice COUNCILBOARDGOVERNOR AND LEGISLATURE Publication  Effective
key pre council steps
Key Pre-Council Steps
  • Idea (proposal) – usually by DEQ, but can be from someone outside the agency
  • Public notice of rulemaking intent (NRI) (summarizes what the proposed rule would do)
  • Issuance of Rule Impact Statement and (if required) Economic Impact/Environmental Benefit Statement (summarizes why the rule is needed – purpose, benefits and costs)
  • Public comment period of 30 days or more (opportunity for written feedback on the proposal)
council and board action on rules
Council and Board Action on Rules
  • Councils conduct rulemaking hearings (except for matters not within purview of any Council); there is a second hearing before the Board
  • Public can orally comment on proposed rules before Council and/or Board
  • Councils make recommendations to the Board about proposed rules; the Board adopts (or disapproves or remands) the proposed rules
council and board meetings
Council and Board Meetings
  • Business, including rulemaking, must be conducted in open meeting (very limited exceptions), with votes publicly cast and recorded
  • Written minutes must be kept (we also keep transcripts)
transmittal of adopted rules to governor legislature
Transmittal of Adopted Rules toGovernor / Legislature
  • DEQ must file rules packages within 10 days after Board adoption
  • Includes rule text and just about everything else that went to the Councils and Board, plus some
gubernatorial and legislative review
Gubernatorial and Legislative Review
  • Governor – approve or disapprove within 45 calendar days

failure to act = disapproval

  • Legislature – approve or disapprove within 30 legislative days

failure to act = approval

publication and effective date
Publication and Effective Date
  • Once Governor and Legislature have both approved, publication in Oklahoma Register occurs approximately six to eight weeks later
  • Rules effective ten days after publication, unless a later date is specified

(DEQ specifies July 1)

The Oklahoma Register

a quick word on emergency rules
A Quick Word on Emergency Rules
  • Requires Council and Board finding of “emergency” (a compelling reason for acting quickly)
  • Gubernatorial approval only; no routine legislative review
  • Effective on Governor’s signature, unless later date specified
  • Limited duration
a final word about rules
A final word about rules . . .

“Everything should be made as simple as possible, but no simpler.” – Einstein (?)

ethics commission requirements 101
Ethics CommissionRequirements 101

James Loy

Don Bingham

Marilyn Hughes

Executive Director

John Raley

Jo Pettigrew

sources of requirements
Sources of Requirements
  • Oklahoma Constitution
  • Ethics Commission Rules (available on-line at www.ethics.ok.gov)
financial disclosure
FinancialDisclosure
  • File Ethics Commission financial disclosure form F-2R (or F-3R if no change) each year
financial disclosure cont
Financial Disclosure (cont.)
  • Ethics Commission mails forms to you
  • Deadline for filing – May 15 (or thirty days after taking office for a new appointee)
  • Also must file a “final statement” within 60 days after ceasing to serve
key restrictions on interests and gifts
Key Restrictionson Interests and Gifts
  • Can’t receive something for performing or not performing an act or duty
  • Can’t use official position for special privileges, favors or compensation
  • Can’t receive compensation that would impair independence of judgment
key restrictions on interests and gifts cont
Key Restrictionson Interests and Gifts (cont.)
  • Can’t receive substantial gifts/gratuities from regulated entities or other interested persons
  • In general, can’t participate/vote if there is monetary interest in or foreseeable benefit from matter being considered
  • Board members and their companies can’t contract with DEQ
liaison
Liaison
  • DEQ liaison to Ethics Commission – Myrna Bruce
  • Good source for general information and help
a little ethics humor to wrap up
A little ethics humor to wrap up…
  • At the height of a political corruption trial, the prosecuting attorney attacked a witness. "Isn\'t it true," he bellowed, "that you accepted five thousand dollars to compromise this case?"
  • The witness stared out the window as though he hadn\'t heard the question. "Isn\'t it true that you accepted five thousand dollars to compromise this case?" the lawyer repeated. The witness still did not respond.
  • Finally, the judge leaned over and said, "Sir, please answer the question."
  • "Oh," the startled witness said, "I thought he was talking to you."
executive director s office

EXECUTIVE DIRECTOR’S OFFICE

Oklahoma Department of Environmental Quality

slide35

Steve Thompson Executive Director

Craig Kennamer

Deputy Executive Director

Wendy Caperton

Director of

Policy & Planning

slide36

Executive Director

Deputy

Executive

Director

Legal Services Division

Policy and Planning

Public Information Office

Customer Services Division

Environmental Complaints & Local Services

Water

Quality

Division

Air

Quality

Division

Administrative Services

Division

Land

Protection Division

executive director
EXECUTIVE DIRECTOR
  • REPRESENTagency issues and positions with:
    • Governor and State Legislature
    • White House and Congress
    • EPA National & Regional Leadership
    • National State Environmental Commissioners Association, called ECOS
executive director39
EXECUTIVE DIRECTOR
  • OVERSEEAgency Management
  • DIRECT Agency Policy
  • MANAGE and provide direction for agency response to high-profile issues
  • AUTHORIZE Enforcement Orders and

Tier III Permits

deputy executive director
DEPUTY EXECUTIVE DIRECTOR
  • REPRESENTagency issues and positions at the direction of or in the absence of the Executive Director
  • DIRECT Program Management
    • Including multi-divisional oversight
deputy executive director41
DEPUTY EXECUTIVE DIRECTOR
  • DEVELOP Agency Policy
  • MANAGEAgency’s response to high

profile issues

  • AUTHORIZE Enforcement Orders and Tier III Permits in Executive Director’s absence
director of policy planning
DIRECTOR OF POLICY & PLANNING
  • IMPLEMENT Agency Policy
    • Ensure Agency Policy decisions and goals are in alignment through oversight of FOCUS, Strategic Plan and Annual Report
    • Collaboration with EPA Region 6, direct development of FOCUS
director of policy planning43
DIRECTOR OF POLICY & PLANNING
  • DIRECT response to gubernatorial and legislative referrals, including coordination

of time-sensitive responses during

Legislative session

  • SERVE as primary management support to the Executive Director relative to all national policy activities
director of policy planning44
DIRECTOR OF POLICY & PLANNING
  • SUPERVISEthe Agency’s Public Information Office
  • OVERSEEinter-divisional support activities, including information technology, flex-time policy and internet usage
financial management
Financial Management
  • Budgets
  • Grants
  • Revenue Management
  • Payables
  • Acquisition Management
acquisition management
Central Supplies

Inventory Control

Purchasing

Shipping/Receiving

Postal and Courier Services

Risk Management

Acquisition Management
human resource records management
Human Resource & Records Management

New Employee Recruitment and Orientation

Benefits - Insurance, Retirement, Savings

Salary Administration

Payroll

Time and Leave

Environmental Records

deq fy 08 hr statistics
DEQ FY-08 HR Statistics

Legislative FTE Cap 572

FTE 547

Vacancies 26 (4.5%)

Student/temps 60

New Hires 37

civil rights administration
Civil Rights Administration
  • Affirmative Action Plan
  • Affirmative Action Education
  • Employee Recruitment
central records
State Environmental Records

One Stop Shop

Imaging Initiative FY-08

Document Reduction and Document Management

Central Records
information systems management
Information Systems Management
  • Design and Maintain Computer Systems
  • Design and Implement Reporting Systems
  • DEQ Intranet
  • Customer Support
  • IT Contract Management
building operations
Security

Maintenance and Cleaning

Mechanical and Engineering

Parking Garage

Building Construction Projects

Building Operations
slide63

“All Work and No Glory”

September 25, 2008

Air Quality Division

slide64

State/Federal Air Quality Relationship

  • Federal air programs/emission standards can be delegated to Oklahoma for implementation and enforcement
  • Delegated programs can include:
    • National Emission Standards for Hazardous Air
    • Pollutants (NESHAPS)
    • New Source Performance Standards (NSPS)
    • Maximum Achievable Control Technology (MACT)
    • Title V
    • Prevention of Significant Deterioration (PSD)
    • Lead Based Paint

Air Quality Division

slide65

State/Federal Relationship

  • Many delegated programs are incorporated into our rules by reference
  • Oklahoma facilities prefer dealing with DEQ instead of EPA on these issues
  • Accepted delegation can result in significant burden on our resources

Air Quality Division

slide66

State/Federal Relationship

  • State Implementation Plans (SIP)
  • A SIP is required by the Clean Air Act
  • Oklahoma SIP contains state rules and procedures to achieve/maintain air quality standards
  • EPA approved SIPS become federally enforceable
  • EPA can issue Federal Plans (FIPS) if SIPS are unapproved
  • Approval process has become slow and tedious

Air Quality Division

slide67

Division Director

Eddie Terrill

Asst Division Director

Beverly Botchlet-Smith

Engineer Manager

Dawson Lasseter

Quality Assurance

Joe Mashburn

Legal Counsel

Sarah Penn

Data Systems Manager

Keith Duncan

Permitting

Sr. Engineer Manager

Phillip Fielder

Sr. Environmental Manager Enforcement & Compliance

Kendal Stegmann

Data Planning

Scott Thomas

Compliance Section, Enforcement Section, Compliance & Enforcement Technical Resources & Training Section, Regional Office at Tulsa Air Program Section

Emission Inventory Section,

Monitoring Section,

Rules and Planning Section,

Technical Resources,

and Projects

Engineering Section, New Source Permit Section, Existing Source, and Permit Section

Air Quality Division

slide68

Monitoring & Data Acquisition

  • Air Monitoring Network
    • CO, SO2, NO2, O3 and PM
    • Toxics
    • Mercury (Hg)
    • Visibility
  • Ozone Watch/Advisory Program

Air Quality Division

slide70

Toxics Monitoring Trailer

Air Quality Division

slide72

Ambient Monitoring Equipment

Inside AQ Monitoring Site

Air Quality Division

slide73

Quality Assurance

  • QA Plans
  • Data Validations
  • Certification of Standards
  • Audits and System Reviews
  • TEAM Database

Air Quality Division

slide74

Rules and Planning

  • Rules and Regulations
  • Air Quality Council
  • Public Workgroups
  • State Implementation Plan
  • Annual Report

Air Quality Division

slide75

A citizen speaks up for polar bears at the April 2008 Air Quality Council

Photo from work group of Council meeting.

Maybe polar bear. Skylar is checking into the photo from the

Oklahoman.

Air Quality Division

slide76

Permitting

  • Operating and Construction Permits
  • General Operating Permits
  • Applicability Determinations
  • Application Forms
  • Modeling
  • Permit Continuum
  • TEAM Data Base Permit Tracking

Air Quality Division

slide78

Permit History: Permits Issued

Air Quality Division

slide79

Permitting

  • Permit 3,923 facilities in Oklahoma
  • 333 of those are Major Source Permits
  • 61 of those are Prevention of Significant Deterioration (PSD) Permits
  • 874 Synthetic Minors
  • 2,766 are Minor Source Permits
  • 351 facilities are Permit Exempt

Air Quality Division

slide80

Enforcement/Compliance

  • Facility Inspections
    • Full Compliance Evaluations
    • Partial Compliance Evaluations
  • Asbestos Inspections
  • NOVs and Consent Orders
  • Complaints
  • Observe Stack Tests
  • Portable Emission Analyzer Stack Tests
  • Records Keeping and Reports Tracking
  • Alternative Enforcement
  • Excess Emission/Malfunction Workgroup

Air Quality Division

slide81

Air Quality inspector checks for leaks using a thermal vapor analyzer.

Insert Photo of Inspector in Field

Air Quality Division

slide82

Emission Inventory

  • Sources/Categories
  • Fees
  • Electronic Reporting/Redbud
  • Cross-Media Electronic Reporting Regulation (CROMERR)
  • Web Site

Air Quality Division

slide85

Technical Resources

  • Air Toxics
    • Maximum Achievable Control Technology (MACT)
    • Area Source MACT Outreach
  • Air Toxics Community Evaluations
    • Ponca City
    • Tulsa
  • Lead Based Paint Certification & Accreditation Program
  • Newsletter
  • Special Studies

Air Quality Division

slide86

Regional Office at Tulsa3105 E Skelly Drive, Suite 200Tulsa, OK 74105

  • Operating and Construction Permits
  • Compliance
    • Facility Inspections
    • Asbestos Inspections
  • Enforcement
    • Follow-up Inspections
    • Actions, NOVs, and Orders
  • Complaints

Air Quality Division

slide87

Outreach

  • Air Quality Education Committee
    • School Presentations
    • Environmental Fairs
    • Develop Outreach Materials
  • Fact Sheets
  • Workshops
  • Customer Service Outreach
  • ScienceFest

Air Quality Division

slide89

The Ozone Watch

  • Designed as transition from Ozone Alert & Clean Air Alert Days
  • For ozone only with statewide coverage
  • Issued as a forecast of high ozone levels
  • May initiate free or discounted bus fare and promotions by local government

Air Quality Division

slide91

Air Quality Health Advisories

  • Near real time notifications of elevated levels of air pollution
  • For ozone and particulate matter events
  • Not just metropolitan but “statewide”
  • Can be issued for any pollutant but primarily

for ozone and inhalable particulates

  • Issued when concentrations are near or above EPA standards
  • Issued the day of the event, not a forecast

Air Quality Division

slide93

Sign up for

Air Quality Health Advisories:

www.deq.state.ok.us/AQDnew

Air Quality Division

slide94

Regional and National Organization Participation

  • Central States Air Resource Agencies (CenSARA)
  • Central Regional Air Planning Organization (CenRAP)
  • National Association of Clean Air Agencies (NACAA)

Air Quality Division

slide95

What’s Next?

  • New Ozone Standard Implementation
  • Mercury
  • Change in EPA Administration

Air Quality Division

judy duncan division director
Judy Duncan Division Director

Customer Services Division

slide98

Customer Services Division

SEL Quality Assurance Officer

April Beltz

Division Director

Judy Duncan

Env. Programs Manager

Chris Armstrong

Customer Assistance

Rocke Amonette

Organics Analysis

Joe Brown

Inorganics Analysis

Jeff Franklin

Emergency Response Coordinator

Monty Elder

Laboratory Certification Officer

David Caldwell

Customer Assistance Program Section & Laboratory Customer Assistance Section

Metal Radiochemistry & Microbiology Section & General Chemistry Section

GC/MS Organics Section &

GC Organics Section

slide99

Customer Services Division

CSD Core Functions:

  • State Environmental Laboratory (SEL)
  • Customer Assistance
slide100

Customer Services Division

State Environmental Lab SEL

Organic Chemistry Sections

  • GC/MS Purgeables and Extractables Analyses
  • GC Organics and Sample Extraction/Preparation

Inorganic Chemistry Sections

  • Environmental Microbiology, Metals, & Radiochemistry
  • General Chemistry

Laboratory Customer Assistance

  • Sample Management
  • Sampling Assistance
  • Natural Resources Damages
slide101

Customer Services Division

State Environmental LabWorkload

Quality Assurance

  • Analytical support for other state agencies, federal agencies & intra-agency programs
  • ~25,000 chemical samples
  • ~30,000 bacteriological samples
  • ~1,500 citizen samples

Lab Accreditation

  • Accredit ~125 laboratories
slide102

Customer Services Division

State Environmental Lab SEL

  • Provides
  • Analytical support toenvironmental programs
    • Public water supplies
    • Wastewater & stream testing
    • Solid & hazardous wastes
    • Superfund & cleanup sites
  • Timely & accurate data forenvironmental decision making
slide103

Customer Services Division

Customer Assistance Programs

Citizen Assistance

Business Assistance

Local Government Assistance

slide104

Customer Services Division

‘One Stop’ Permitting Assistance

  • Centralized facilitation of permit public meetings
  • Evaluation of permitting needs for small businesses
  • Support for economic development
slide105

Customer Services Division

Small Business Assistance Program

  • No enforcement duties
  • Regulatory compliance and technical
  • assistance
  • One stop for permitting information
  • Permit Assistance Teams for new and expanding business and industry
slide106

Customer Services Division

Citizen and LocalGovernment Assistance

  • Funding for public water supply analysis through the Small Community Assistance appropriation of $513,000
  • Problem solving for private water supply contamination
  • “Our Facility” program development & assistance tracking
slide107

Customer Services Division

Risk Communication

  • SARA Title III Tier 2 Reports
    • Location of hazardous materials provided to Local Emergency Planning Committees and Fire Departments
    • Streamlined filing of annual reports
  • Toxic Release Inventory – TRI
    • Tracking trends of waste disposal to air, land and water
slide108

Customer Services Division

Publications & Outreach

  • Produces publications, fact sheets and
  • other outreach materials for the agency
slide109

Customer Services Division

Contacts

  • State Environmental Laboratory
  • Customer Assistance Program
    • Judy Duncan, 405-702-1040 or [email protected]
    • Customer Assistance Hotline 1-800-869-1400
slide111

Gary Collins

Division Director

slide114

ECLS PROGRAMS

  • Environmental Complaints
  • Individual and Small Public Sewage (On-site Sewage)
  • Highway Remediation Contractors
  • Septage Pumpers and Haulers
  • Total Retention Lagoons
  • Well Head Protection
  • Storm Water
  • Minor Water Systems
  • Inspections of Water, Wastewater,
  • Solid Waste and Air Facilities
slide115

Complaints Office

  • Nationally Recognized Complaints System
  • Toll Free Number 1-800-522-0206
  • 24 hrs/day 7 days a week
  • 2 day response
  • 3rd day begin investigation
  • 7 day letter to complainant
  • 90 days to resolution
  • Customer survey to both complainant and responsible party
  • Natural Disaster Cleanups
slide116

Complaints

By the Numbers

  • 5,038 Complaints Last Year
    • 1,041 Onsite Sewage Complaints
    • 482 Unpermitted Disposal of
    • Solid Waste
    • 278 Open Burning
    • 219 Fugitive Dust
slide117

On-site Sewage

  • ~9,170 authorizations issued this year
    • ~300 Certified Installers
    • Non-Certified Installers
    • Inspection and Spot Checks
  • New system options added to rules:
    • Low Pressure Dosing
    • Shallow Extended
    • Aerobic Drip Irrigation
  • On-Line Payments
slide118

Soil Profilers

  • Soil Profiles
    • ~20 Certified Soil Profilers
    • Enforcement on percolation tests
  • Soil Profilers have an expanding role in protecting Oklahoma’s Scenic River Corridor
slide119

Septage Pumpers and Haulers

  • License and inspect the trucks
  • Assure they have an approved disposal site:
    • Wastewater Treatment Plant
    • Landfill
    • Land Application
slide120

Total Retention Lagoons

  • Perform inspections
  • Review engineering reports
  • Conduct site visits
  • Work toward best solution
slide121

Total Retention Lagoons

  • “Our Facility” Concept
  • - System management assistance
  • - Innovative corrective approach
  • - Shared responsibility
  • ECLS Inspections
  • - Identification of problem
  • - Suggested corrections
  • - Enforcement if appropriate
slide122

Wellhead Protection

  • A part of the Federal Source Water Protection Program
  • Well Head Protection Zones
    • Help communities identify potential sources of contamination
    • Community awareness
    • When working complaints; more stringent cleanup of spills, etc.
slide123

Wellhead Protection

  • Developed the Wellhead Word, a
  • quarterly newsletter
  • Developed education/outreach
  • material including bill inserts, fact
  • sheets and school presentations
  • to increase public awareness
  • Introduced H20 Joe, the Wellhead
  • Protection Spokesperson
slide124

Storm Water

  • Issue permits for industrial and construction sites
      • Industrial: ~125
      • Construction: ~1,560
  • Permits required on site when >1 acre is disturbed
  • SWP3’s reviewed if the site is located within a sensitive watershed or 40 or more acres will be disturbed
slide125

Storm Water

  • Make a routine inspection at ~10% of the permitted sites (both industrial and construction sites)
  • Perform inspections when a Notice of Termination (NOT) is filed
  • New courtesy inspection prior to filing NOT - resulting in an increased awareness of storm water
slide126

Minor Water Systems

  • Systems having fewer than 15 service connections
  • ECLS permits these facilities
  • Make annual inspections
  • Collect a sample for bacteriological analysis
  • 2008 New Chapter 624
slide127

Routine Inspection of Facilities Permitted by Water, Air and Land

  • Make inspection of all water and wastewater facilities
  • Inspect a portion of minor air facilities
  • Inspect solid waste transfer stations and C&D landfills
slide130

Division Director

Scott Thompson

Asst Division Director

Catherine Sharp

Quality Assurance Officer

Karen Khalafian

Solid Waste & Sustainability Unit

Fenton Rood

Hazardous Waste & Radiation Management

Jon Roberts

Remediation Unit

Kelly Dixon

Land Restoration, Pollution Prevention, Solid Waste Compliance, and Solid Waste Permitting & UIC

Voluntary Cleanup, Tar Creek & SCAP, Site Remediation, and Brownfields

Radiation Management, Hazardous Waste Compliance, Hazardous Waste Permitting

slide131

LPD Permits & Approvals

  • Permitted TSD (Haz Waste) Facilities 31
  • Permitted Solid Waste Facilities 111
  • Radioactive Materials Licenses 255
  • X-Ray Machine Licenses 190
  • Permitted UIC facilities 7
  • VCP Sites 104
  • Brownfields 15
  • Armories (37 Evaluated, 4 in Remediation, 11 Completed) 87
  • Tire Processors 6
  • P2 Pollution Prevention Assistance 300
  • Land Restoration Projects (44 Cities and Towns) 51
state federal relationships
State/Federal Relationships
  • Hazardous Waste Program – Delegated (EPA)
  • Solid Waste Program – Authorized (EPA)
  • UIC Program – Delegated (EPA)
  • Radiation Management Program – Agreement State (NRC)
  • Radon – Grant (EPA)
  • Superfund – Cooperative Agreements (EPA)
  • Brownfields – Cooperative Agreement & MOA (EPA)
  • P2 Pollution Prevention – Grant (EPA)
slide133
Land Report

Produced

Each

Calendar

Year

tar creek superfund site
Tar Creek Superfund Site

Ottawa County

Picher, Cardin, Commerce, North Miami, Quapaw

other superfund sites
Other Superfund Sites

National Priorities List (NPL)

Double Eagle

Fourth Street Refinery

Mosely Road Landfill

Tenth Street Site

Tinker AFB

Imperial Refinery

Hudson Refinery

Hardage-Criner Dump

Sand Springs Petrochemical

Compass Industries

Tulsa Fuels Smelter

Oklahoma Refining Corp.

Removal Actions

Approximately 40 Removals

Across the State

slide136

Site Cleanup Assistance Program

Cleaning Up Armories Across Oklahoma

For Local Uses

land restoration projects
Land Restoration Projects

Dilapidated Structures – Wood, Brick, Concrete used for fill in reclaiming eroded areas under a Conservation Plan. Current Projects include: Altus, Broken Bow, Cordell, Elk City, Henryetta, Miami, OSU-Stillwater, Picher, Texhoma, Wewoka, Vinita, Shattuck, Hominy, and Valliant.

brownfields conference oklahoma city skirvin hotel december 2 3 2008
Brownfields ConferenceOklahoma CitySkirvin Hotel - December 2 & 3, 2008

The theme this year is

“Restoring Land, Building Community”

slide139

Voluntary Cleanup Program

Okmulgee

Refinery Celebration

Over 100 Sites in the VCP Statewide

pollution prevention p2 program
Pollution Prevention - P2 Program

All Divisions contribute to Environmental Education Resources for Teachers and Kids

Recycling

tire program
Tire Program

Estimated to be 350,000 Tires in Dumps in Oklahoma

About 3,000,000 Waste Tires Generated in Oklahoma Each Year

protect the quality of state waters ensure a safe supply of drinking water for the public

What Do We Do?

Protect the Quality of State Waters

Ensure a Safe Supply of Drinking Water for the Public

federal laws
Federal Laws
  • Water and wastewater programs based on federal environmental laws
  • DEQ has assumed responsibility for most federal environmental programs
wqd administers two federal environmental laws

WQD Administers Two Federal Environmental Laws

Safe Drinking Water Act 1974

Clean Water Act 1972

safe drinking water act 1974
Safe Drinking Water Act 1974
  • Oklahoma was the first state in the nation to assume a federal drinking water program
  • SDWA was assumed by Oklahoma in 1979
clean water act of 1972
Clean Water Act of 1972
  • NPDES Delegation obtained by DEQ on November 19, 1996
state federal water quality relationship delegation primacy
State/Federal Water Quality Relationship(Delegation/Primacy)
  • DEQ has taken on the responsibility for the implementation and enforcement of most Federal Drinking Water and Wastewater Programs
  • Programs include Public Water Supply Programs, Municipal Wastewater Programs, Industrial Wastewater Programs, and Sludge Management Programs
  • Federal requirements have been incorporated into DEQ rules by reference
  • Implementing these programs on a state level has proven to be of benefit to the regulated community as our programs provide technical assistance to help them achieve and maintain compliance
goal of sdwa
Goal of SDWA

Protection of Public Health

how do we ensure safe drinking water

How Do We Ensure Safe Drinking Water?

Proper Design

Proper Operation

Monitor the Quality of Water Supplies

Enforcement to Achieve Compliance

proper design
Proper Design
  • Plans and specifications prepared by a

registered Engineer

  • Plans and specifications must meet

design standards

  • Construction permit required
proper operation
Proper Operation
  • Certified operators
  • Operational inspections
  • Technical assistance
  • Source Water Protection
monitor quality of water supplies
Monitor Quality of Water Supplies
  • Maximum Contaminant Levels (MCLs)

are established by EPA

  • Laboratory analysis
  • Review of monthly operations reports
enforcement to achieve compliance
Enforcement to Achieve Compliance
  • Technical assistance
  • Notices of violation
  • Consent orders with compliance schedules
  • Penalties
purchase water systems 651 systems
Purchase Water Systems (651 Systems)

Systems which purchase finished water from other systems

goal of cwa
Goal of CWA

“To restore and maintain the chemical, physical, and biological integrity of the Nation’s waters, and, where attainable, to achieve a level of water quality that provides for the protection and propagation of fish, shellfish, and wildlife, and for recreation in and on the water.”

how do we protect the quality of state waters
How Do We Protect the Quality of State Waters?
  • Develop wasteloads to protect Water Quality Standards (WQS)
  • Issue discharge permits based on wasteloads and Total Maximum Daily Loads (TMDL)
  • Assure proper design of wastewater systems
  • Monitor monthly operational reports
  • Conduct operational inspections
  • Provide technical assistance
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To Protect the State’s Water
  • WQS must be protected

To Protect WQS

  • Designated uses must be protected

To Protect Designated Uses

  • In-stream criteria must be protected
water quality standards
Water Quality Standards
  • Protecting WQS is the basic means of achieving the goal of the Clean Water Act
  • States develop WQS with OWRB being the responsible agency for Oklahoma
  • EPA provides guidance and approves WQS developed by the state
designated uses
Designated Uses
  • Fishing
  • Swimming
  • Drinking Water
  • Etc.
in stream criteria to protect designated uses
In-Stream Criteria To Protect Designated Uses
  • Dissolved Oxygen of > 3 ppm
  • Temperature within a range
  • Toxics below harmful levels
  • Nutrients – no algae blooms
  • Bacteria
  • pH

EXAMPLES:

how do we protect in stream criteria
How Do We Protect In-Stream Criteria
  • Develop wasteloads to determine the level of wastewater treatment required so in-stream criteria will be protected
if in stream criteria are not currently being met
If In-Stream Criteria are not Currently Being Met
  • Water body is considered impaired
  • Water body identified on State’s 303(d) list
  • Total Maximum Daily Load (TMDL) must be developed
  • Identifies reduction required for pollutants
  • Allocates pollutant reduction between point and non-point sources
what do 303 d lists tell us
What do 303(d) lists tell us?
  • 218 million Americans live within 10 miles of an impaired water body
  • States have identified about 21,000 polluted river segments, lakes, and estuaries
      • Over 300,000 river & shore miles & 5 million lake acres
      • Excess sediments, nutrients, and harmful microorganisms are leading reasons
implementing wqs protection
Implementing WQS Protection
  • NPDES discharge permits limit quantities of pollutants that can be discharged
  • Limits are derived from the wasteload allocation or TMDLs
  • Technical Assistance
  • Operator Certification
  • Enforcement
stormwater management permits
Stormwater Management/Permits
  • Those regulated include:
      • construction sites
      • industrial facilities
      • municipal stormwater systems
  • Primary pollutant is sediment
  • #1 citizen’s complaint for the Water Quality Division
sanitary sewer overflows ssos are a major concern
Sanitary Sewer Overflows (SSOs) are a Major Concern
  • Raw sewage running down a street is unacceptable
  • There is a national enforcement initiative related to SSOs
  • Federal fines are massive
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A Byproduct of Wastewater Treatment

is Biosolids (sludge)

  • 86 % of biosolids are used as fertilizer and is incorporated daily.
operator certification for water and wastewater systems
Operator Certification forWater and Wastewater Systems
  • Must be trained
  • Must pass competency tests
  • Must have continuing education
  • Can take tests “on-line”
what don t we do
WHAT DON’T WE DO?
  • Petroleum exploration/production
  • Agriculture activities
  • CAFOs
  • Water Quality Standards
  • Private/individual water systems
solutions for water and wastewater non compliance
Solutions for Water and Wastewater Non-Compliance?
  • Proper Operations
    • Technical assistance
    • Operator training
  • Money
    • DWSRF
    • FACT work group
    • “Our Facility” -- SEP
  • Engineering
    • Design standards
    • P & S Review
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