Oklahoma Attorney General Gentner Drummond has identified several concerns with an air quality rule update proposed by the state Department of Environmental Quality (DEQ). Although DEQ officials say the new rule wouldn't apply to a controversial aluminum smelter planned for northeast Oklahoma, Drummond's office worries it could make an easier path for the facility.
The DEQ is updating its air pollution control regulations to match federal standards from the Environmental Protection Agency. Among other things, the proposed changes create a new section on emission reduction credits.
The new policy would allow certain high-emissions facilities to "offset" some emissions, including chemicals that contribute to ozone pollution. The offset option would be part of an existing program to prevent significant air pollution from new facilities.
"The proposed rule revision is intended to promote economic development while improving Oklahoma's air quality and helping to continue to attain the National Ambient Air Quality Standards," DEQ Communications Director Skylar McElhaney said in an email.
Drummond asks DEQ to tighten up rules
The rule changes come as DEQ considers an air quality permit application for the nation's largest primary aluminum smelting facility. Drummond is suing the companies behind the smelter under state nuisance laws, anticipating negative effects on the environment and the well-being of people living around the facility.
In a letter to the DEQ last week, Drummond wrote the proposed rule change could make it easier for the smelter to comply with Oklahoma law and receive an air quality permit.
One of his criticisms is that the proposed rules measure offset credits based on tons of emissions, not based on their actual effect on air quality.
"Nothing requires the applicant to show, or DEQ to find, that those credits actually occur the modeled exceedance in the place where it would occur," Drummond wrote.
Ozone emissions in particular, he said, do not work "ton for ton." Certain emissions undergo chemical reactions with the environment to create ozone.
Drummond recommended altering the proposed rule change to require emission offsets that address the projected ozone impact from a facility, not just the projected emissions.
On a similar note, Drummond said the proposed rules don't account for geographical and seasonal factors at the specific location for the facility in question. It requires offsets within the state of Oklahoma and within 100 miles of the facility, within the same calendar year as the emissions. But the offsets aren't required to affect the same area impacted by the facility's emissions. Ozone production happens more in warm weather, and the offsets can be spread out throughout the year.
Drummond's letter also identified parts of the draft that are "internally inconsistent" and asked DEQ to clarify how the rule change would apply to existing air quality permit applications, like Oklahoma Primary Aluminum's.
DEQ officials say new rules wouldn't apply to smelter
The rule will not apply to Oklahoma Primary Aluminum's air quality permit application for the Inola smelter, according to McElhaney.
"If the rule revision is approved, it would not take effect for more than a year and therefore would not apply to the current application," McElhaney wrote.
Additionally, she said, this rule would only apply to air quality permits that propose ozone emissions higher than the federal "Significant Impact Level." The smelter's proposed emissions fall below that limit, so the state wouldn't need to evaluate whether or not to apply the rule in question.
Carrie Burkhart is the deputy press secretary for the Office of the Attorney General. She said in an email that Drummond would welcome clarification from the DEQ that the rule will not apply to Oklahoma Primary Aluminum's air quality permit application.
"To this office, it appeared that DEQ was changing the rules in a way that would make it easier for the smelter to comply with Oklahoma law," Burkhart said. "Regardless, General Drummond stands by his comments, and they apply to the rule generally."
McElhaney said the DEQ appreciates Drummond's letter and will review it carefully.
This report was produced by the Oklahoma Public Media Exchange, a collaboration of public media organizations. Help support collaborative journalism by donating at the link at the top of this webpage.
