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

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

2. Office of the General Counsel,Legal Services Division Jimmy Givens General Counsel

3. 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

4. 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.

5. While we’re on the subject . . . • A word about legal counsel for the Board and Councils

6. Board, Councils and Rulemaking 101 κατευθυντήριαδιαδικασία 101

7. 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)

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. Two Types of Rules • Permanent • Emergency Except as otherwise specified, we will focus today on the process for permanent rules

15. General “Flow” of a Rule • Idea  Draft  Public Notice COUNCILBOARDGOVERNOR AND LEGISLATURE Publication  Effective

16. 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)

17. 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

18. 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)

19. 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

20. 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

21. 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

22. Example Timeline – Permanent Rule

23. 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

24. A long and winding road . . .

25. A final word about rules . . . “Everything should be made as simple as possible, but no simpler.” – Einstein (?)

26. Ethics CommissionRequirements 101 James Loy Don Bingham Marilyn Hughes Executive Director John Raley Jo Pettigrew

27. Sources of Requirements • Oklahoma Constitution • Ethics Commission Rules (available on-line at www.ethics.ok.gov)

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

29. 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

30. 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

31. 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

32. Liaison • DEQ liaison to Ethics Commission – Myrna Bruce • Good source for general information and help

33. 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."

34. EXECUTIVE DIRECTOR’S OFFICE Oklahoma Department of Environmental Quality

35. Steve Thompson Executive Director Craig Kennamer Deputy Executive Director Wendy Caperton Director of Policy & Planning

36. 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

38. 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

39. 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

40. 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

41. 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

42. 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

43. 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

44. DIRECTOR OF POLICY & PLANNING • SUPERVISEthe Agency’s Public Information Office • OVERSEEinter-divisional support activities, including information technology, flex-time policy and internet usage

45. Administrative ServicesDivision

46. David R. DykeDivision Director

47. Administrative Services Division

48. Financial Management • Budgets • Grants • Revenue Management • Payables • Acquisition Management