DEQ Provides Update on Proposed Aluminum Smelter Permitting Process

For Immediate Release

Contact:  Skylar McElhaney, skylar.mcelhaney@deq.ok.gov

The Oklahoma Department of Environmental Quality (DEQ) is providing an update on the agency’s ongoing efforts to ensure a thorough, transparent evaluation of the pending air quality permit application for the proposed aluminum smelter in Inola, Oklahoma.

While DEQ does not have the authority to determine where a facility locates, the agency is responsible for ensuring that applicants comply with all applicable environmental requirements. DEQ is currently working through the air quality permitting process for the proposed aluminum smelter. As part of this process, DEQ is conducting the required rigorous review, utilizing all available regulatory tools at its disposal. For example, DEQ is requiring a Best Available Control Technology (BACT) review under the federal program implemented by the agency, a separate state BACT analysis under specific state requirements to evaluate additional pollutants not subject to the federal BACT analysis, and an “additional impacts analysis.” All of this will result in an extensive evaluation of the potential air quality impacts from the proposed facility, including the deposition of fluoride - both particulate fluoride and hydrogen fluoride - on vegetation and livestock. 

DEQ has made transparency a priority throughout the permitting process. During the most recent legislative session, the agency successfully initiated legislation establishing new requirements for greater transparency in future permitting actions. Although those statutory requirements are not yet in effect, DEQ has committed to applying those stricter transparency standards to this application—and is, in fact, going well beyond those requirements. For example, DEQ has established a dedicated webpage for the proposed aluminum smelter where the public can access relevant documents associated with the permit application, track the status of the permitting process, and find information about opportunities for public participation. The webpage is available at https://oklahoma.gov/deq/aluminum-smelter-inola.html.

In addition to information made available through the website and permitting portal, DEQ has actively engaged with members of the public and elected officials throughout the process and will continue to do so. Those efforts have included:

·        Holding numerous informal meetings with concerned citizens and legislators

·        Participating in an Inola Town Council meeting and offering to provide periodic updates at future meetings

·        Holding a permit process meeting at the local high school to explain the permitting process and opportunities for public participation

·        Planning to hold two additional public meetings, beyond those required by law, related to DEQ’s initial determinations concerning air quality modeling and the BACT reviews. The purpose of these meetings will be to explain the basis of these initial determinations in order to make the public’s opportunity to comment on any future draft permit more meaningful.

Any draft permit that is issued will be made available for public review and comment – to include a public comment period and a public meeting. After public comments are received, evaluated and responded to, the normal next step in the permitting process will be for the agency to issue a Proposed Permit.  Following the issuance of any Proposed Permit, interested members of the public have an opportunity to request an administrative hearing based on their concerns.  After any administrative hearing and consideration of the resulting proposed order, the last step would be for DEQ to issue a final agency action on the matter.

The agency’s permitting process is extremely technical and inherently iterative in nature, with agency staff requesting frequent clarifications and additional information from applicants. This is typical and part of the normal DEQ permitting process.  DEQ further recognizes that this technical and interactive process, combined with the level of transparency that agency is trying to achieve, has the potential to lead to some confusion by those trying to interpret the information; however, DEQ believes that the desired transparency outweighs those concerns.

“Transparency includes allowing the public access to the process as it actually occurs, including the questions we ask, the information we receive, and the analyses we conduct,” said DEQ Executive Director Rob Singletary. “This level of transparency, while going beyond what is required by law, is in the public interest, and DEQ staff is committed to assisting the public and answering any questions that may arise as the process unfolds.”

DEQ’s focus is on ensuring that any permit issued by the agency is protective of human health and the environment and complies with all applicable requirements. The agency hopes that the approach being taken, including this level of transparency and public engagement, will serve as an example for future permitting actions in Oklahoma and across the nation.

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