DEQ Board & Council Member Orientation September 25, 2008 9:30 a.m. - PowerPoint PPT Presentation

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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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Deq board council member orientation september 25 2008 9 30 a m l.jpg

DEQ Board & CouncilMember OrientationSeptember 25, 20089:30 a.m.


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Office of the General Counsel,Legal Services Division

Jimmy Givens

General Counsel


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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


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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.


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While we’re on the subject . . .

  • A word about legal counsel for the Board and Councils


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Board, Councils and Rulemaking 101

κατευθυντήριαδιαδικασία 101


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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)


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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


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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


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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


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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


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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


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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


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Two Types of Rules

  • Permanent

  • Emergency

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


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General “Flow” of a Rule

  • Idea  Draft  Public Notice COUNCILBOARDGOVERNOR AND LEGISLATURE Publication  Effective


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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)


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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


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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)


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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


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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


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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


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Example Timeline – Permanent Rule


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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


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A long and winding road . . .


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A final word about rules . . .

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


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Ethics CommissionRequirements 101

James Loy

Don Bingham

Marilyn Hughes

Executive Director

John Raley

Jo Pettigrew


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Sources of Requirements

  • Oklahoma Constitution

  • Ethics Commission Rules (available on-line at www.ethics.ok.gov)


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FinancialDisclosure

  • File Ethics Commission financial disclosure form F-2R (or F-3R if no change) each year


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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


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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


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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


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Liaison

  • DEQ liaison to Ethics Commission – Myrna Bruce

  • Good source for general information and help


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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."


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EXECUTIVE DIRECTOR’S OFFICE

Oklahoma Department of Environmental Quality


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Steve Thompson Executive Director

Craig Kennamer

Deputy Executive Director

Wendy Caperton

Director of

Policy & Planning


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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


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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


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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


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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


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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


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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


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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


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DIRECTOR OF POLICY & PLANNING

  • SUPERVISEthe Agency’s Public Information Office

  • OVERSEEinter-divisional support activities, including information technology, flex-time policy and internet usage


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Administrative ServicesDivision


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David R. DykeDivision Director


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Administrative Services Division


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Financial Management

  • Budgets

  • Grants

  • Revenue Management

  • Payables

  • Acquisition Management


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Central Supplies

Inventory Control

Purchasing

Shipping/Receiving

Postal and Courier Services

Risk Management

Acquisition Management


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Human Resource & Records Management

New Employee Recruitment and Orientation

Benefits - Insurance, Retirement, Savings

Salary Administration

Payroll

Time and Leave

Environmental Records


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DEQ FY-08 HR Statistics

Legislative FTE Cap572

FTE 547

Vacancies 26 (4.5%)

Student/temps 60

New Hires 37


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Civil Rights Administration

  • Affirmative Action Plan

  • Affirmative Action Education

  • Employee Recruitment


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State Environmental Records

One Stop Shop

Imaging Initiative FY-08

Document Reduction and Document Management

Central Records


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Information Systems Management

  • Design and Maintain Computer Systems

  • Design and Implement Reporting Systems

  • DEQ Intranet

  • Customer Support

  • IT Contract Management


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Computer Training Room


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Teleconferencing


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Security

Maintenance and Cleaning

Mechanical and Engineering

Parking Garage

Building Construction Projects

Building Operations


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Air Quality DivisionEddie TerrillDivision Director


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“All Work and No Glory”

September 25, 2008

Air Quality Division


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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


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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


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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


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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


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Monitoring & Data Acquisition

  • Air Monitoring Network

    • CO, SO2, NO2, O3 and PM

    • Toxics

    • Mercury (Hg)

    • Visibility

  • Ozone Watch/Advisory Program

Air Quality Division


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Toxics Monitoring Trailer

Air Quality Division


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Mercury Monitoring Station at McGee Creek Reservoir

Air Quality Division


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Ambient Monitoring Equipment

Inside AQ Monitoring Site

Air Quality Division


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Quality Assurance

  • QA Plans

  • Data Validations

  • Certification of Standards

  • Audits and System Reviews

  • TEAM Database

Air Quality Division


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Rules and Planning

  • Rules and Regulations

  • Air Quality Council

  • Public Workgroups

  • State Implementation Plan

  • Annual Report

Air Quality Division


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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


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Permitting

  • Operating and Construction Permits

  • General Operating Permits

  • Applicability Determinations

  • Application Forms

  • Modeling

  • Permit Continuum

  • TEAM Data Base Permit Tracking

Air Quality Division


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Permit History: Applications Received

Air Quality Division


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Permit History: Permits Issued

Air Quality Division


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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


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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


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

Insert Photo of Inspector in Field

Air Quality Division


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Emission Inventory

  • Sources/Categories

  • Fees

  • Electronic Reporting/Redbud

  • Cross-Media Electronic Reporting Regulation (CROMERR)

  • Web Site

Air Quality Division


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Emissions & Operating Fees for All Facilities

Air Quality Division


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Emissions Inventory by Source Classification (TPY)

Air Quality Division


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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


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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


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Outreach

  • Air Quality Education Committee

    • School Presentations

    • Environmental Fairs

    • Develop Outreach Materials

  • Fact Sheets

  • Workshops

  • Customer Service Outreach

  • ScienceFest

Air Quality Division


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5,000+ fifth graders gather for ScienceFestat the Oklahoma City Zoo


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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


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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


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Sign up for

Air Quality Health Advisories:

www.deq.state.ok.us/AQDnew

Air Quality Division


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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


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What’s Next?

  • New Ozone Standard Implementation

  • Mercury

  • Change in EPA Administration

Air Quality Division


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Customer Services DivisionSeptember 25, 2008


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Judy Duncan Division Director

Customer Services Division


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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


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Customer Services Division

CSD Core Functions:

  • State Environmental Laboratory (SEL)

  • Customer Assistance


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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


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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


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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


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Customer Services Division

Customer Assistance Programs

Citizen Assistance

Business Assistance

Local Government Assistance


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Customer Services Division

‘One Stop’ Permitting Assistance

  • Centralized facilitation of permit public meetings

  • Evaluation of permitting needs for small businesses

  • Support for economic development


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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


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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


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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


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Customer Services Division

Publications & Outreach

  • Produces publications, fact sheets and

  • other outreach materials for the agency


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Customer Services Division

Contacts

  • State Environmental Laboratory

    • Chris Armstrong, 405-702-1018 or

      • chris.armstrong@deq.ok.gov

  • Customer Assistance Program

    • Judy Duncan, 405-702-1040 or judy.duncan@deq.ok.gov

    • Customer Assistance Hotline 1-800-869-1400


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Environmental Complaints and Local Services


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Gary Collins

Division Director


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ECLS LOCAL OFFICES


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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


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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


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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


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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


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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


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Septage Pumpers and Haulers

  • License and inspect the trucks

  • Assure they have an approved disposal site:

    • Wastewater Treatment Plant

    • Landfill

    • Land Application


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Total Retention Lagoons

  • Perform inspections

  • Review engineering reports

  • Conduct site visits

  • Work toward best solution


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Total Retention Lagoons

  • “Our Facility” Concept

  • - System management assistance

  • - Innovative corrective approach

  • - Shared responsibility

  • ECLS Inspections

  • - Identification of problem

  • - Suggested corrections

  • - Enforcement if appropriate


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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.


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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


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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


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    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


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    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


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    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


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    Land Protection Division


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    Scott Thompson Division Director


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    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


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    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 Assistance300

    • Land Restoration Projects (44 Cities and Towns) 51


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    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)


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    Land Report

    Produced

    Each

    Calendar

    Year


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    Tar Creek Superfund Site

    Ottawa County

    Picher, Cardin, Commerce, North Miami, Quapaw


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    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


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    Site Cleanup Assistance Program

    Cleaning Up Armories Across Oklahoma

    For Local Uses


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    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.


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    Brownfields ConferenceOklahoma CitySkirvin Hotel - December 2 & 3, 2008

    The theme this year is

    “Restoring Land, Building Community”


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    Voluntary Cleanup Program

    Okmulgee

    Refinery Celebration

    Over 100 Sites in the VCP Statewide


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    Pollution Prevention - P2 Program

    All Divisions contribute to Environmental Education Resources for Teachers and Kids

    Recycling


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    Radiation Management Program


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    Tire Program

    Estimated to be 350,000 Tires in Dumps in Oklahoma

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


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    Water Quality Division


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    Jon L. CraigDivision Director


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    What Do We Do?

    Protect the Quality of State Waters

    Ensure a Safe Supply of Drinking Water for the Public


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    Federal Laws

    • Water and wastewater programs based on federal environmental laws

    • DEQ has assumed responsibility for most federal environmental programs


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    WQD Administers Two Federal Environmental Laws

    Safe Drinking Water Act 1974

    Clean Water Act 1972


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    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


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    Clean Water Act of 1972

    • NPDES Delegation obtained by DEQ on November 19, 1996


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    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


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    History of WQD Permits Processed


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    Goal of SDWA

    Protection of Public Health


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    How Do We Ensure Safe Drinking Water?

    Proper Design

    Proper Operation

    Monitor the Quality of Water Supplies

    Enforcement to Achieve Compliance


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    Proper Design

    • Plans and specifications prepared by a

      registered Engineer

    • Plans and specifications must meet

      design standards

    • Construction permit required


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    Proper Operation

    • Certified operators

    • Operational inspections

    • Technical assistance

    • Source Water Protection


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    Monitor Quality of Water Supplies

    • Maximum Contaminant Levels (MCLs)

      are established by EPA

    • Laboratory analysis

    • Review of monthly operations reports


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    Enforcement to Achieve Compliance

    • Technical assistance

    • Notices of violation

    • Consent orders with compliance schedules

    • Penalties


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    Surface Water PWS Systems(202 Systems)


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    Ground Water PWS Systems(743 Systems)


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    Purchase Water Systems (651 Systems)

    Systems which purchase finished water from other systems


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    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.”


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    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


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    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


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    Designated Uses

    • Fishing

    • Swimming

    • Drinking Water

    • Etc.


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    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:


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    How Do We Protect In-Stream Criteria

    • Develop wasteloads to determine the level of wastewater treatment required so in-stream criteria will be protected


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    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


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    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


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    303(d) Listed Impaired Water Bodies(2008 draft list)


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    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


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    Municipal Wastewater Systems (850 Systems)


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    Industrial Wastewater Systems (823 Systems)


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    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


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    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.


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    Operator Certification forWater and Wastewater Systems

    • Must be trained

    • Must pass competency tests

    • Must have continuing education

    • Can take tests “on-line”


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    7,003Licensed Operators for Wastewater and Drinking Water Systems


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    WHAT DON’T WE DO?

    • Petroleum exploration/production

    • Agriculture activities

    • CAFOs

    • Water Quality Standards

    • Private/individual water systems


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    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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    YES – as a last resort


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    Questions & AnswersbySteve Thompson


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