Codification through the 2011 legislative session

Subchapter 17

Board adoption - August 24, 2010

Gubernatorial approval - October 12, 2010

Legislative approval and final adoption - April 1, 2011

Effective date - July 1, 2011

Subchapters 1, 3, 5, 7, 8 and Appendices A & E

Board adoption - February 25, 2011

Gubernatorial approval - April 12, 2011

Legislative approval and final adoption - May 3, 2011

Effective date - July 1, 2011

TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY

CHAPTER 100. AIR POLLUTION CONTROL

Subchapter Section

1. General Provisions.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-1-1

2. Incorporation by Reference. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-2-1

3. Air Quality Standards and Increments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-3-1

4. New Source Performance Standards [REVOKED] . . . . . . . . . . . . . . . . . . . . . . . 252:100-4-1

5. Registration, Emission Inventory and Annual

Operating Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-5-1

6. Permitting [REVOKED]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-6-1

7. Permits for Minor Facilities.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-7-1

8. Permits for Part 70 Sources. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-8-1

9. Excess Emission Reporting Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-9-1

11. Alternative Emissions Reduction Plans

and Authorizations.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-11-1

13. Open Burning.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-13-1

15. Motor Vehicle Pollution Control Devices [REVOKED].. . . . . . . . . . . . . . . . . . . 252:100-15-1

17. Incinerators.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-17-1

19. Control of Emission of Particulate Matter.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-19-1

21. Particulate Matter Emissions From

Wood-Waste Burning Equipment [REVOKED]. . . . . . . . . . . . . . . . . . . . . . . 252:100-21-1

23. Control of Emissions From Cotton Gins. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-23-1

24. Particulate Matter Emissions from Grain, Feed

or Seed Operations.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-24-1

25. Visible Emissions and Particulates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-25-1

27. Particulate Matter Emissions From Industrial

and Other Processes and Operations [REVOKED]. . . . . . . . . . . . . . . . . . . . . 252:100-27-1

29. Control of Fugitive Dust. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-29-1

31. Control of Emission of Sulfur Compounds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-31-1

33. Control of Emission of Nitrogen Oxides. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-33-1

35. Control of Emission of Carbon Monoxide. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-35-1

37. Control of Emission of Volatile Organic

Compounds (VOCs).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-37-1

39. Emission of Volatile Organic Compounds (VOCs)

in Nonattainment Areas and Former

Nonattainment Areas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-39-1

40. Control of Emission of Friable Asbestos During Demolition and 

Renovation Operations. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-40-1

41. Control of Emission of Hazardous Air Pollutants

and Toxic Air Contaminants [REVOKED]. . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-41-1

42. Control of Toxic Air Contaminants.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-42-1

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43. Testing, Monitoring and Recordkeeping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-43-1

45. Monitoring of Emissions [REVOKED].. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-45-1

47. Control of Emissions from Existing

Municipal Solid Waste Landfills. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-47-1

Appendix A. Allowable Particular Matter Emission Rate for Incinerators 

Appendix B. Allowable Emissions for Incinerators with Capacities less than 100 lb/hr

[REVOKED]

Appendix C. Allowable Particulate Matter Emission Rates for IndirectlyFired Fuel-Burning Units

Appendix D. AllowableParticulate Matter Emission Rates for IndirectlyFiredWood Fuel-Burning

Units

Appendix E. Primary Ambient Air Quality Standards 

Appendix F. Secondary Ambient Air Quality Standards 

Appendix G. Allowable Particulate Matter Emission Rates for Directly Fired Fuel-Burning Units

and Industrial Process

Appendix H. De Minimis Facilities

Appendix I. Insignificant Activities (Registration) List

Appendix J. Trivial Activities (De Minimis) List

Appendix K. Average Daily Nitrogen Oxides Emissions

Appendix L. PM-10 Emission Factors for Permit by Rule for Grain Elevators

Appendix M. Emission Limits for Hospital/Medical/Infectious Waste Incinerators (HMIWI)

Appendix N. Specialty Coatings VOC Content Limits

Appendix O. Toxic Air Contaminants (TAC) Maximum Acceptable Ambient Concentrations

(MAAC)

Appendix P. Regulated Air Pollutants (RAP)

Appendix Q. Incorporation by Reference

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SUBCHAPTER 1. GENERAL PROVISIONS

Section

252:100-1-1. Purpose

252:100-1-2. Statutory definitions

252:100-1-3. Definitions

252:100-1-4. Units, abbreviations and acronyms

252:100-1-1. Purpose

This Subchapter provides definitions of words and phrases used in Chapter 100. The definitions

contained in the Oklahoma Clean Air Act, under which this regulation is promulgated, shall also

apply. The Subchapter also contains a list of commonly used units with their abbreviations and a

list of commonly used acronyms.

252:100-1-2. Statutory definitions

The definitions contained in the Oklahoma Environmental Quality Code at 27A O.S. Sections

2-01-102 and 2-05-101(2002) under which this Chapter is promulgated, shall applyfor the following

terms.

(1) air contaminants,

(2) air pollution,

(3) council,

(4) department,

(5) director,

(6) Executive Director, and

(7) person.

252:100-1-3. Definitions

The following words and terms, when used in this Chapter, shall have the following meaning,

unless the context clearlyindicates otherwise or unless defined specificallyfor a Subchapter, section,

or subsection in the Subchapter, section, or subsection.

"Act" means the Federal Clean Air Act, as amended, 42 U.S.C. 7401 et seq.

"Administrator"means, unless specifically defined otherwise, the Administrator of the United

States Environmental Protection Agency (EPA) or the Administrator's designee.

"Air contaminant source" means any and all sources of emission of air

contaminants(pollutants), whether privately or publicly owned or operated, or person contributing

to emission of air contaminants. Without limiting the generality of the foregoing, this term includes

all types of business, commercial and industrial plants, works, shops and stores, heating and power

plants or stations, buildings and other structures of all types.

"Air pollution abatement operation" means any operation which has as its essential purpose

a significant reduction in:

(A) the emission of air contaminants, or

(B) the effect of such emission.

"Air pollution episode" means high levels of air pollution existing for an extended period (24

hours or more) of time which may cause acute harmful health effects during periods of atmospheric

stagnation, without vertical or horizontal ventilation. This occurs when there is a high pressure air

mass over an area, a low wind speed and there is a temperature inversion. Other factors such as

humidity may also affect the episode conditions.

"Ambient air standards" or "Ambient air quality standards" means levels of air quality as

codified in OAC 252:100-3.

"Atmosphere" means the air that envelops or surrounds the earth.

"Best available control technology" or "BACT" means the best control technology that is

currently available as determined by the Division Director on a case-by-case basis, taking into

account energy, environmental, and economic impacts and other costs of alternative control systems.

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"Building, structure, facility, or installation" means all of the pollutant-emitting activities

which belong to the same industrial grouping, are located on one or more contiguous or adjacent

properties, and are under the control of the same person (or persons under common control).

Pollutant-emitting activities shall be considered as part of the same industrial grouping if theybelong

to the same "Major Group" (i.e., which have the same two-digit code) as described in the Standard

Industrial Classification Manual, 1972, as amended by the 1977 Supplement.

"Carbon dioxide equ 2ivalent emissions" or "CO e" means an amount of GHG emitted, and

shall be computed bymultiplying the mass amount of emissions, for each of the six greenhouse gases

in the pollutant GHG, by the gas’ associated global warming potential (GWP) published in Table

A-1 to subpart A of 40 CFR Part 98 – Global Warming Potentials, and summing the resultant value

2

for each to compute a CO e.

"Catalytic cracking unit" means a unit composed of a reactor, regenerator and fractionating

towers which is used to convert certain petroleum fractions into more valuable products by passing

the material through or commingled with a bed of catalyst in the reactor. Coke deposits produced

on the catalyst during cracking are removed by burning off in the regenerator.

"Combustible materials" means any substance which will readily burn and shall include those

substances which, although generally considered incombustible, are or may be included in the mass

of the material burned or to be burned.

"Commence" means, unless specifically defined otherwise, that the owner or operator of a

facility to which neither a NSPS or NESHAP applies has begun the construction or installation of

the emitting units on a pad or in the final location at the facility.

"Complete" means in reference to an application for a permit, the application contains all the

information necessary for processing the application. Designating an application complete for

purposes of permit processing does not preclude the Director from requesting or accepting any

additional information.

"Construction" means, unless specifically defined otherwise, fabrication, erection, or

installation of a source.

"Crude oil" means a naturally occurring hydrocarbon mixture which is a liquid at standard

conditions. It may contain sulfur, nitrogen and/or oxygen derivatives of hydrocarbon.

"Direct fired" means that the hot gasses produced by the flame or heat source come into direct

contact with the material being processed or heated.

"Division" means Air QualityDivision, Oklahoma State Department ofEnvironmental Quality.

"Dust" means solid particulate matter released into or carried in the air by natural forces, by any

fuel-burning, combustion, process equipment or device, construction work, mechanical or industrial

processes.

"EPA" means the United States Environmental Protection Agency.

"Excess emissions" means the emission of regulated air pollutants in excess of an applicable

limitation or requirement as specified in the applicable limiting Subchapter, permit, or order of the

DEQ. This term does not include fugitive VOC emissions covered by an existing leak detection and

repair program that is required by a federal or state regulation.

"Existing source" means, unless specifically defined otherwise, an air contaminant source

which is in being on the effective date of the appropriate Subchapter, section, or paragraph of these

rules.

"Facility" means all of the pollutant-emitting activities that meet all the following conditions:

(A) Are under common control.

(B) Are located on one or more contiguous or adjacent properties.

(C) Have the same two-digit primary SIC Code (as described in the Standard Industrial

Classification Manual, 1987).

"Federally enforceable" means all limitations and conditions which are enforceable by the

Administrator, including those requirements developed pursuant to 40 CFR Parts 60 and 61,

requirements within any applicable State implementation plan, any permit requirements established

pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51, subpart I,

including operating permits issued under an EPA-approved program that is incorporated into the

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State implementation plan and expressly requires adherence to any permit issued under such

program.

"Fuel-burning equipment" means any one or more of boilers, furnaces, gas turbines or other

combustion devices and all appurtenances thereto used to convert fuel or waste to usable heat or

power.

"Fugitive dust" means solid airborne particulate matter emitted from any source other than a

stack or chimney.

"Fugitive emissions"means, unlessspecificallydefined otherwise, those emissions which could

not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.

"Fume" means minute solid particles generated by the condensation of vapors to solid matter

after volatilization from the molten state, or generated by sublimation, distillation, calcination, or

chemical reaction when these processes create airborne particles.

"Garbage" means all putrescible animal and vegetable matter resulting from the handling,

preparation, cooking and consumption of food.

"Greenhouse gas" or "GHG" means the air pollutant defined in 40 CFR § 86.1818-12(a) as

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the aggregate group of six greenhouse gases: carbon dioxide (CO ), nitrous oxide (N O), methane

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(CH ), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF ).

"Gross particulate matter" or "GPM"means particulatematterwith an aerodynamic diameter

greater than 10 micrometers.

"In being" means as used in the definitions of New Installation and Existing Source that an

owner or operator has undertaken a continuous program of construction or modification or the owner

or operator has entered into a binding agreement or contractual obligation to undertake and complete

within a reasonable time a continuous program of construction or modification prior to the

compliance date for installation as specified by the applicable regulation.

"Incinerator" means a combustion device specifically designed for the destruction, by high

temperature burning, of solid, semi-solid, liquid, or gaseous combustible wastes and from which the

solid residues contain little or no combustible material.

"Indirect fired" means that the hot gasses produced by the flame or heat source do not come

into direct contact with the material, excluding air, being processed or heated.

"Installation" means an identifiable piece of process equipment.

"Lowest achievable emissions rate" or "LAER"means, for anysource, the more stringent rate

of emissions based on paragraphs (A) and (B) of this definition. This limitation, when applied to a

modification, means the lowest achievable emissions rate for the new or modified emissions units

within a stationary source. In no event shall the application of LAER allow a proposed new or

modified stationary source to emit any pollutant in excess of the amount allowable under applicable

standard of performance for the new source.

(A) LAER means the most stringent emissions limitation which is contained in the

implementation plan of any State for such class or category of stationary source, unless the

owner or operator of the proposed stationary source demonstrates that such limitations are

not achievable, or

(B) LAER means the most stringent emissions limitation which is achieved in practice by

such class or category of stationary sources.

"Major source" means any new or modified stationary source which directly emits or has the

capability at maximum design capacity and, if appropriately permitted, authority to emit 100 tons

per year or more of a given pollutant. (OAC 252:100-8, Part 3)

"Malfunction" means any sudden, infrequent, and not reasonably preventable failure of air

pollution control equipment, process equipment, or a process to operate in a normal or usual manner.

Failures that are caused in part by poor maintenance or careless operation are not malfunctions.

"Mist" means a suspension of any finely divided liquid in any gas or atmosphere excepting

uncombined water.

"Modification" means any physical change in, or change in the method of operation of, a source

which increases the amount of any air pollutant emitted by such source or which results in the

emission of any air pollutant not previously emitted, except that:

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(A) routine maintenance, repair and replacement shall not be considered physical changes;

and,

(B) the following shall not be considered a change in the method of operation:

(i) any increase in the production rate, if such increase does not exceed the operating

design capacity of the source;

(ii) an increase in hours of operation;

(iii) use of alternative fuel or raw material if, prior to the date any standard under this part

becomes applicable to such source the affected facility is designed to accommodate such

alternative use.

"National Emission Standards for Hazardous Air Pollutants" or "NESHAP" means those

standards found in 40 CFR Parts 61 and 63.

"New installation", "New source", or "New equipment" means an air contaminant source

which is not in being on the effective date of these regulations and any existing source which is

modified, replaced, or reconstructed after the effective date of the regulations such that the amount

of air contaminant emissions is increased.

"New Source Performance Standards" or "NSPS" means those standards found in 40 CFR

Part 60.

"Nonmethane organic compounds" or "NMOC" means nonmethane organic compounds, as

defined in 40 CFR 60.754.

"Opacity" means the degree to which emissions reduce the transmission of light and obscure

the view of an object in the background.

"Open burning" means the burning of combustible materials in such a mannerthat the products

of combustion are emitted directly to the outside atmosphere.

"Organic compound" means any chemical compound containing the element carbon.

"Owner or operator" means any person who owns, leases, operates, controls or supervises a

source.

"Part 70 permit" means (unless the context suggests otherwise) any permit or group of permits

covering a Part 70 source that is issued, renewed, amended, or revised pursuant to this Chapter.

"Part 70 program" means a program approved by the Administrator under 40 CFR Part 70.

"Part 70 source" means any source subject to the permitting requirements of Part 5 of

Subchapter 8, as provided in OAC 252:100-8-3(a) and (b).

"PM-10 emissions" means particulate matter emitted to the ambient air with an aerodynamic

diameter of 10 micrometers or less as measured by applicable reference methods, or an equivalent

or alternative method.

"PM-10" means particulate matter with an aerodynamic diameter of 10 micrometers or less.

"PM-2.5" means particulate matter with an aerodynamic diameter of 2.5 micrometers or less.

"Particulate matter" or "PM" means any material that exists in a finely divided form as a

liquid or a solid.

"Particulate matter emissions"means particulate matter emitted to the ambient air as measured

by applicable reference methods, or an equivalent or alternative method.

"Potential to emit" means the maximum capacity of a source to emit a pollutant under its

physical and operational design. Any physical or operational limitation on the capacity of the source

to emit a pollutant, including air pollution control equipment and restrictions on hours of operation

or on the type or amount of material combusted, stored or processed, shall be treated as part of its

design if the limitation or the effect it would have on emissions is enforceable. Secondary emissions

do not count in determining the potential to emit of a source.

"Prevention of significant deterioration" or "PSD" means increments for the protection of

attainment areas as codified in OAC 252:100-3.

"Process equipment" means any equipment, device or contrivance for changing any materials

or for storage or handling of any materials, the use or existence of which may cause any discharge

of air contaminants into the open air, but not including that equipment specifically defined as fuelburning equipment, or refuse-burning equipment.

6
"Process weight" means the weight of all materials introduced in a source operation, including

solid fuels, but excluding liquids and gases used solely as fuels, and excluding air introduced for the

purposes of combustion. Process weight rate means a rate established as follows:

(A) for continuous or long-run, steady-state, operations, the total process weight for the entire

period of continuous operation or for a typical portion thereof, divided by the number of

hours of such period or portion thereof.

(B) for cyclical or batch source operations, the total process weight for a period which covers

a complete or an integral number of cycles, divided by the hours of actual process operation

during such period.

(C) where the nature of any process or operation or the design of any equipment is such as

to permit more than one interpretation of this definition, that interpretation which results in

the minimum value for allowable emission shall apply.

"Reasonably available control technology" or "RACT" means devices, systems, process

modifications, or other apparatus or techniques that are reasonably available taking into account:

(A) The necessity of imposing such controls in order to attain and maintain a national

ambient air quality standard;

(B) The social, environmental, and economic impact of such controls; and

(C) Alternative means of providing for attainment and maintenance of such standard.

"Reconstruction" means 

(A) the replacement of components of an existing source to the extent that will be determined

by the Executive Director based on:

(i) the fixed capital cost (the capital needed to provide all the depreciable components of

the new components exceeds 50 percent of the fixed capital cost of a comparable entirely

new source);

(ii) the estimated life of the source after the replacements is comparable to the life of an

entirely new source; and,

(iii) the extent to which the components being replaced cause or contribute to the

emissions from the source.

(B) a reconstructed source will be treated as a new source for purposes of OAC 252:100-8,

Part 9.

"Refinery" means any facility engaged in producing gasoline, kerosene, fuel oils or other

products through distillation of crude oil or through redistillation, cracking, or reforming of

unfinished petroleum derivatives.

"Refuse" means, unless specifically defined otherwise, the inclusive term for solid, liquid or

gaseous waste products which are composed wholly or partly of such materials as garbage,

sweepings, cleanings, trash, rubbish, litter, industrial, commercial and domestic solid, liquid or

gaseous waste; trees or shrubs; tree or shrub trimmings; grass clippings; brick, plaster, lumber or

other waste resulting from the demolition, alteration or construction of buildings or structures;

accumulated waste material, cans, containers, tires, junk or other such substances.

"Refuse-burning equipment" means any equipment, device, or contrivance, and all

appurtenances thereto, used for the destruction of combustible refuse or other combustible wastes

by burning.

"Regulated air pollutant" means any substance or group of substances listed in Appendix P

of this Chapter, or any substance regulated as an air pollutant under any federal regulation for which

the Department has been given authority, or any other substance for which an air emission limitation

or equipment standard is set by an enforceable permit.

"Responsible official" means one of the following:

(A) For a corporation: a president, secretary, treasurer, or vice-president of the corporation

in charge of a principal business function, or any other person who performs similar policy

or decision-making functions for the corporation, or a duly authorized representative of such

person if the representative is responsible for the overall production, or operating facilities

applying for or subject to a permit and either:

(i) The facilities employ more than 250 persons or have gross annual sales or

expenditures exceeding $25 million (in second quarter 1980 dollars); or

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(ii) The delegation of authority to such representatives is approved in advance by the

DEQ;

(B) For the partnership or sole proprietorship: a general partner or the proprietor,

respectively;

(C) For a municipality, state, federal, or other public agency: Either a principal executive

officer or ranking elected official. For purposes of this Chapter, a principal executive officer

or installation commander of a federal agency includes the chief executive officer having

responsibility for the overall operations of a principal geographic unit of the agency (e.g., a

Regional Administrator of EPA); or

(D) For affected sources:

(i) The designated representative insofar as actions, standards, requirements, or

prohibitions under Title IV of the Act or the regulations promulgated thereunder are

concerned; and

(ii) The designated representative for any other purposes under this Chapter.

"Shutdown" means the cessation of operation of any process, process equipment, or air

pollution control equipment.

"Smoke" means small gas-borne or air-borne particles resulting from combustion operations

and consisting of carbon, ash, and other matter any or all of which is present in sufficient quantity

to be observable.

"Source operation" means the last operation preceding the emission of an air contaminant,

which operation:

(A) results in the separation of the air contaminant from the process materials or in the

conversion of the process materials into air contaminants, as in the case of combustion of

fuel; and,

(B) is not an air pollution abatement operation.

"Stack"means, unless specificallydefined otherwise, anychimney, flue, duct, conduit, exhaust,

pipe, vent or opening, excluding flares, designed or specifically intended to conduct emissions to the

atmosphere.

"Standard conditions" means a gas temperature of 68 degrees Fahrenheit (20 Centigrade) and o

a gas pressure of 14.7 pounds per square inch absolute.

"Startup" means the setting into operation of any process, process equipment, or air pollution

control equipment.

"Stationary source" means, unless specifically defined otherwise, any building, structure,

facility, or installation either fixed or portable, whose design and intended use is at a fixed location

and emits or may emit an air pollutant subject to OAC 252:100.

"Total Suspended Particulates" or "TSP" means particulate matter as measured by the highvolume method described in Appendix B of 40 CFR Part 50.

"Temperature inversion" means a phenomenon in which the temperature in a layer of air

increases with height and the cool heavy air below is trapped by the warmer air above and cannot

rise.

"Visible emission" means any air contaminant, vapor or gas stream which contains or may

contain an air contaminant which is passed into the atmosphere and which is perceptible to the

human eye.

"Volatile organic compound" or "VOC"means any organic compound that participates in

atmospheric photochemical reactions resulting in the formation of tropospheric ozone. Carbon

monoxide, carbon dioxide, carbonic acid, metallic carbides, ammonium carbonates,tert-butyl acetate

and compounds listed in 40 CFR 51.100(s)(1) are presumed to have negligible photochemical

reactivity and are not considered to be VOC.

252:100-1-4. Units, abbreviations, and acronyms

(a) Abbreviations and symbols of units of measure.

(1) Btu - British thermal unit

(2) cm/sec - centimeter per second

2

(3) CO e - carbon dioxide equivalent

8
(4) dscf - dry cubic feet at standard conditions

(5) dscm - dry cubic meter at standard conditions

(6) ft/min - feet per minute

(7) gal - gallon

(8) gal/d - gallons per day

(9) gal/yr - gallons per year

(10) gr/dscf - grains per dry standard cubic foot

(11) hr - hour

(12) Hg - mercury

(13) hp - horsepower

2

(14) H O - water

2

(15) H S - hydrogen sulfide

2 4

(16) H SO - sulfuric acid

(17) kg - kilogram

(18) kg/metric ton - kilograms per metric ton

(19) kPa - kilopascals

(20) l - liter

(21) l/yr - liters per year

(22) LT/D - long tons per day

(23) lb/wk - pounds per week

(24) lb - pound

(25) lbs/hr - pounds per hour

(26) m - cubic meter 3

(27) mg/dscm - milligrams per dry standard cubic meter

(28) MMBTU/hr - million british thermal units per hour

(29) Mg - megagram 10 gram 6

(30) Mg/yr - megagrams per year

(31) mg/l - milligrams per liter

(32) m/min - meter per minute

(33) ng/dscm - nanograms per dry standard cubic meter

(34) ng/J - nanograms per Joule

(35) oz/in - ounce per square inch

2

(36) ppm - parts per million

(37) psia - pounds per square inch absolute

(38) psig - pounds per square inch gage

(39) ppmv - parts per million by volume

2

(40) SO - sulfur dioxide

(41) TPY - tons per year

(42) ìg/m - micrograms per cubic meter

3

(b) Acronyms.

(1) A.I.S.I. - American Iron and Steel Institute

(2) A.S.M.E. - American Society of Mechanical Engineers

(3) A.S.T.M. - American Society for Testing and Materials

(4) BACT - Best Available Control Technology

(5) CEM - Continuous Emission Monitor

(6) CFR - Code of Federal Regulations

(7) COM - Continuous Opacity Monitor

(8) DEQ - Department of Environmental Quality

(9) EPA - Environmental Protection Agency

(10) GHG - Greenhouse Gas

(11) HAP - Hazardous Air Pollutants

(12) HMIWI - Hospital/Medical/Infectious Waste Incinerator

(13) MACT - Maximum Achievable Control Technology

(14) MSW - Municipal Solid Waste

(15) MWC - Municipal Waste Combustors

9
(16) NAAQS - National Ambient Air Quality Standards

(17) NESHAP - National Emissions Standards for Hazardous Air Pollutants

(18) NSPS - New Source Performance Standards

(19) OAC - Oklahoma Administrative Code

(20) PBR - Permit by Rule

(21) PM - Particulate Matter

(22) PSD - Prevention of Significant Deterioration

(23) SIC - Standard Industrial Classification

(24) SIP - State Implementation Plan

(25) TSP - Total Suspended Particulates

(26) VOC - Volatile Organic Compound

(27) 27A O.S. - Title 27A Oklahoma Statutes

SUBCHAPTER 2. INCORPORATION BY REFERENCE 

Section

252:100-2-1. Purpose

252:100-2-2. [RESERVED]

252:100-3-3. Reference to Title 40, Code of Federal Regulations (40 CFR)

252:100-2-1. Purpose 

The purpose of this Subchapter is to incorporate by reference applicable provisions of Title 40

of the Code of Federal Regulations (see OAC 252:100, Appendix Q).

252:100-2-2. [RESERVED]

252:100-2-3. Reference to Title 40, Code of Federal Regulations (40 CFR)

(a) Inclusion of CFR citations and definitions. When a provision of 40 CFR is incorporated by

reference, all citations contained therein are also incorporated by reference.

(b) Inconsistencies or duplications.

(1) In the event that there are inconsistencies or duplications between the requirements of this

Chapter and the requirements of those provisions incorporated by reference in Appendix Q or in

a specific subchapter of this Chapter, the more stringent requirements shall apply.

(2) In the event that a specific date of incorporation is indicated in a specific subchapter of this

Chapter, the date of incorporation specified in the specific subchapter shall apply.

(c) Terminology related to 40 CFR. For purposes of interfacing with 40 CFR and unless the

context clearly indicates otherwise, the following terms apply.

(1) "Administrator" is synonymous with Executive Director.

(2) "EPA" is synonymous with Department of Environmental Quality (DEQ).

SUBCHAPTER 3. AIR QUALITY STANDARDS AND INCREMENTS

Section

252:100-3-1. Purpose

252:100-3-2. Primary standards

252:100-3-3. Secondary standards

252:100-3-4. Significant deterioration increments

252:100-3-1. Purpose

The purpose of this Subchapter is to enumerate the primary and secondary ambient air quality

standards and the significant deterioration increments.

252:100-3-2. Primary standards

The table in Appendix E of this chapter enumerates the primary ambient air quality standards.

10
252:100-3-3. Secondary standards

The table in Appendix F of this Chapter enumerates the secondary ambient air quality standards.

252:100-3-4. Significant deterioration increments

(a) Significant deterioration, as used in the phrase Prevention of Significant Deterioration (PSD),

means an increase in ambient air pollution above a baseline plus a specific increment allowed for

one of three classes of areas. See OAC 252:100-8, Part 7.

(b) The allowable increments are as follows:

(1) Class I Areas:

2.5 (A) PM (effective October 20, 2011):

(i) annual arithmetic mean: maximum allowable increase is 1 microgram per cubic

meter.

(ii) twenty-four hour maximum: maximum allowable increase is 2 micrograms per cubic

meter.

10

(B) PM :

(i) annual arithmetic mean: maximum allowable increase is 4 micrograms per cubic

meter.

(ii) twenty-four hour maximum: maximum allowable increase is 8 micrograms per

cubic meter.

(C) Sulfur dioxide:

(i) annual arithmetic mean: maximum allowable increase is 2 micrograms per cubic

meter.

(ii) twenty-four hour maximum: maximum allowable increase is 5 micrograms per

cubic meter.

(iii) three-hour maximum: maximum allowable increase is 25 micrograms per cubic

meter.

(D) Nitrogen dioxide (effective May 11, 1991), annual arithmetic mean: maximum

allowable increase is 2.5 micrograms per cubic meter.

(2) Class II Areas:

2.5 (A) PM (effective October 20, 2011):

(i) annual arithmetic mean: maximum allowable increase is 4 micrograms per cubic

meter.

(ii) twenty-four hour maximum: maximum allowable increase is 9 micrograms per cubic

meter.

10

(B) PM :

(i) annual arithmetic mean: maximum allowable increase is 17 micrograms per cubic

meter.

(ii) twenty-four hour maximum: maximum allowable increase is 30 micrograms per

cubic meter.

(C) Sulfur dioxide:

(i) annual arithmetic mean: maximum allowable increase is 20 micrograms per cubic

meter.

(ii) twenty-four hour maximum: maximum allowable increase is 91 micrograms per

cubic meter.

(iii) three-hour maximum: maximum allowable increase is 512 micrograms per cubic

meter.

(D) Nitrogen dioxide (effective May 11, 1991), annual arithmetic mean: maximum

allowable increase is 25 micrograms per cubic meter.

(3) Class III Areas:

2.5 (A) PM (effective October 20, 2011):

(i) annual arithmetic mean: maximum allowable increase is 8 micrograms per cubic

meter.

(ii) twenty-four hour maximum: maximum allowable increase is 18 micrograms per

cubic meter.

10

(B) PM :

11
(i) annual arithmetic mean: maximum allowable increase is 34 micrograms per cubic

meter.

(ii) twenty-four hour maximum: maximum allowable increase is 60 micrograms per

cubic meter.

(C) Sulfur dioxide:

(i) annual arithmetic mean: maximum allowable increase is 40 micrograms per cubic

meter.

(ii) twenty-four hour maximum: maximum allowable increase is 182 micrograms per

cubic meter.

(iii) three-hour maximum: maximum allowable increase is 700 micrograms per cubic

meter.

(D) Nitrogen dioxide (effective May 11, 1991), annual arithmetic mean: maximum

allowable increase is 50 micrograms per cubic meter.

SUBCHAPTER 4. NEW SOURCE PERFORMANCE STANDARDS [REVOKED]

Section

252:100-4-1. Purpose [REVOKED]

252:100-4-2. [REVOKED]

252:100-4-3. Reference to 40 CFR [REVOKED] 

252:100-4-4. [REVOKED]

252:100-4-5. Incorporation by reference [REVOKED]

252:100-4-1. Purpose [REVOKED]

252:100-4-2. [REVOKED]

252:100-4-3. Reference to 40 CFR [REVOKED]

252:100-4-4. [REVOKED]

252:100-4-5. Incorporation by reference [REVOKED]

SUBCHAPTER 5. REGISTRATION, EMISSION INVENTORY AND ANNUAL

OPERATING FEES

Section

252:100-5-1. Purpose

252:100-5-1.1. Definitions

252:100-5-2. Registration of potential sources of air contaminants

252:100-5-2.1. Emission inventory

252:100-5-2.2. Annual operating fees

252:100-5-2.3. Annual operating fees for area sources of air pollution

252:100-5-3. Confidentiality of proprietary information

252:100-5-1. Purpose

This Subchapter requires potential sources of air contaminants to register with the Division. It

also requires facilities that emit air contaminants to file an emission inventory and pay annual

operating fees.

252:100-5-1.1. Definitions

The following words and terms when used in this Subchapter shall have the following meaning

unless the context clearly indicates otherwise:

12
"Actual emissions" means the total amount of any regulated air pollutant actually emitted from

a given facility during a particular calendar year, determined using methods contained in 252:100-5-

2.1(d).

"Allowable emissions" means:

(A) The total amount of any regulated air pollutant emitted based on limits contained in

an enforceable permit or potential to emit, or

(B) For grandfathered sources, emission limits based on maximum design capacity and

considering all applicable rules.

"Consumer Price Index" means an index determined by the U.S. Department of Labor

measuring the change in the cost of typical wage-earner purchases of goods and services expressed

as a percentage of the cost of these same goods and services in a base period.

"Date of billing" means the date the fee was billed. In the case no fee was billed because the

owner or operator failed to submit the required annual emission inventory, the date of billing shall

mean the date on which the fee would have been billed had the emission inventory been submitted

when due.

"Emission inventory" means a compilation of all point source, storage and process fugitive air

emissions for all regulated air pollutants at a given facility.

"Error" means, with regard to fees, a fee overpayment made as a result of a mistake on the part

of the DEQ in invoicing or the part of the owner or operator in calculating emissions. It does not

mean a mistake made in the decision to use or not to use a particular emission factor or method of

calculation.

"Grandfathered source" means a stationary source that was in operation in Oklahoma when

an otherwise applicable rule was promulgated unless that rule specificallyapplies to existing sources

or the source has undergone modification since that rule was promulgated.

"Minor facility" means a facility which is not a Part 70 source.

"Process Fugitive Emissions" means those emissions created by or incidental to any particular

process which become airborne or have the potential to become airborne, and could not reasonably,

taking into account economic considerations, be made to pass through a stack, chimney, vent or other

functionally equivalent opening.

"Regulated pollutant (for fee calculation)", which is used only for purposes of this

Subchapter, means any "regulated air pollutant" except the following:

(A) Carbon monoxide.

(B) Gross particulate matter (GPM).

252:100-5-2. Registration of potential sources of air contaminants

(a) Filing. In addition to any requirements for the submission of information found in any other

regulation in this Chapter, the owner or operator of an air contaminant source shall, upon request,

provide the Division with information necessary to evaluate the source's potential for causing air

pollution.

(b) Necessary information. The following information shall be included for each source:

(1) Total weight of the contaminant released per day.

(2) Period or periods of operation.

(3) Composition of the contaminant.

(4) Physical state of the contaminant.

(5) Temperature and moisture content of the air or gas stream at the point where released into

the atmosphere.

(6) Efficiency of any control device.

(7) Such other information as may be specifically requested by the Director.

252:100-5-2.1. Emission inventory

(a) Requirement to file an emission inventory. The owner or operator of any facility that is a

source of air contaminants shall submit a complete emission inventory annually on forms obtained

from the Division.

13
(1) General requirements. The inventory shall cover operations during a calendar year and

shall be submitted prior to April 1 of the following year. Upon receiving a written demonstration

of good cause the Director may grant an extension for submittal beyond the April 1 deadline.

(2) Permit by rule. The owner or operator of a facility registered under a permit by rule as

outlined in Subchapter 7 and emitting 5 tons per year or less of each regulated air pollutant is

required to submit an emission inventory for that facility once every 5 years. The inventory shall

cover operations during the last year of each 5-year period and be submitted by March 1 of the

following year.

(3) Permit exempt facilities and de minimis facilities. The owners or operators of permit

exempt facilities or de minimis facilities, as these terms are defined in OAC 252:100-7-1.1, are

not required to submit an annual emission inventory.

(4) Special inventories. Upon request by the Director, the owner or operator of a facility that

emits or has the potential to emit any regulated air pollutant shall file an emission inventory with

the Division. The Director is authorized to request this inventory when emission related data is

necessaryfor program planning or compliancewith State or Federal rules, regulations, standards,

or requirements.

(b) Content. All inventories submitted to the Division shall include, but shall not be limited to, the

following:

(1) For those emissions subject to a permit, the permit number and the permitted allowable

emissions as set forth therein.

(2) The amount of the actual emissions, including quantifiable excess emissions, and the basis

for such determination. If the total actual emissions of any regulated air pollutant from a facility

vary from the allowable or from the previous year's actual by more than 30%, the Department

may require the owner or operator to provide an explanation for the difference in order to

determine compliance with the Oklahoma Clean Air Act or any rule promulgated thereunder, or

any permit condition prescribed or order issued pursuant thereto. 

(3) For those emissions not the subject of a permit and when requested by the AQD, a list of all

OAC 252:100 rules setting forth emission limitations applicable to the facility in question and

the maximum yearly allowable for the facility.

(c) Documentation. All calculations and assumptions must be verified by proper documentation. 

All supporting data, including actual production, throughput and measurement records along with

engineering calculations and other data utilized in accordance with OAC 252:100-5-2.1(d) must be

maintained for at least 5 years by the current owner or operator at the facility in conjunction with

facility records of the emission inventory. This information must either be submitted to the Division

or made available for inspection upon request.

(d) Method of calculation. The best available data at the time the emission inventory is or should

have been prepared shall be used to determine emissions. It shall be the burden of the owner or

operator to select the best available data, based on an acceptable method of calculation. The method

of calculation used to determine emissions shall be binding upon the owner or operator and the

Division for the purpose of calculating fees under OAC 252:100-5-2.2 unless challenged by the

owner or operator prior to September 1 of the year the inventory is due or by the Division within six

(6) months after the date the inventory is received. Acceptable methods of calculation for

determining actual emissions are:

(1) Emission factors utilized in the issuance of a currently applicable Oklahoma Air Quality

permit(s) for the facility.

(2) Stack tests using appropriate EPA test methods, with advance notification and opportunity

for observation by the Division.

(3) Stack tests using appropriate EPA test methods may be used for determining the emissions

of identical equipment (i.e., same model, same location, and same operating conditions and

parameters) when:

(A) Tests are performed by persons qualified by training and experience to perform said

tests.

(B) Copies of the test results and methods are available for review by the Division.

14
(4) Continuous emissions monitoring data, when supported by required certification and

calibration data.

(5) Current AP-42 factors or other factors acceptable to the Division.

(6) Manufacturer's test data, when approved by the Division as reliable.

(7) EPA and EPA-contracted industry-specific emission study data when it can be shown to be

applicable to the facility in question and approved for use in the emission inventory by the

Division.

(8) Fuel usage and other mass-balance methods when supported by specific records applicable

to the materials on which the calculations are based and approved for use in the emission

inventory by the Division.

(9) Any other method that can be shown to be reasonably accurate when supported by

engineering data and calculations, and approved for use in the emission inventory by the

Division.

(e) Methods of verification. Emission inventories determined by the Division to be substantially

incomplete or substantiallyincorrect shall, upon the request of the Division, be subject to verification

if not satisfactorily completed or corrected within a reasonable time. Verification shall be

accomplished by an appropriate stack test using EPA approved methods, installation of continuous

monitoring equipment, or other methods acceptable to the Division.

(f) Certification. The emission inventory shall contain certification by a responsible official of the

truth, accuracy, and completeness of the document. This certification shall be signed by a

responsible official and shall contain the following language: "I certify, based on information and

belief formed after reasonable inquiry, the statements and information in the document are true,

accurate, and complete."

252:100-5-2.2. Annual operating fees

(a) Applicability.

(1) OAC 252:100-5-2.2 applies to all facilities that are sources of air pollution, including

government facilities, regardless of whether the source is currently permitted or whether an

emission inventory has or has not at any time been submitted for the facility. The owners or

operators of Part 70 sources shall pay annual fees that are sufficient to cover the Part 70 program

costs. The permitting authority shall ensure that the fees required by OAC 252:100-5-2.2(b)(2)

will be used solely for Part 70 program costs.

(2) OAC 252:100-5-2.2 does not apply to de minimis facilities or to permit exempt facilities.

(b) Fee schedule.

(1) Minor facilities. Beginning July 1, 2008, annual operating fees invoiced for minor facilities

shall be $25.12 per ton of regulated air pollutant (for fee calculation). The invoiced annual

operating fees shall be discounted appropriately in any given year if the Department determines

that other revenues, including appropriated state general revenue funds, have increased

sufficiently to adequately fund the air program.

(2) Part 70 Sources. Beginning July 1, 2008, annual operating fees invoiced for Part 70 sources

shall be $32.30 per ton of regulated air pollutant (for fee calculation) and shall be adjusted each

year pursuant to (b)(3) of this section. The invoiced CPI-adjusted annual operating fees shall be

discounted appropriately in any given year if the Department determines that other revenues,

including appropriated state general revenue funds, have increased sufficiently to adequately

fund the air program. Any discount would not affect CPI adjustments.

(3) Use of Consumer Price Index (CPI) to adjust annual operating fees. Annual operating 

fees for Part 70 sources shall be adjusted automatically each year by the percentage, if any, by

which the CPI for the most recent calendar year ending before the beginning of such year differs

from the CPI for the calendar year 2007. The CPIfor any calendar year is the average of the CPI

for all-urban consumers published by the Department of Labor, as of the close of the twelvemonth period ending on August 31 of each calendar year.

(c) Payment.

(1) Fees are due and payable on the invoice due date(s). Fees shall be considered delinquent 30

days after the invoice due date(s). Within five (5) years but not before a grace period of 120 days

15
from the invoice due date, the DEQ may issue an administrative order to recover such fees and

may assess a reasonable administrative fine in accordance with the provisions of the Oklahoma

Clean Air Act, 27A O.S. §§ 2-5-101 et seq., to an owner or operator of a facility who has failed

to pay or has underpaid such fees.

(2) If an owner or operator has failed to submit the required annual emission inventory, the DEQ

may issue an administrative order to recover fees that would have been invoiced had the

emission inventory been submitted when due. The DEQ may issue such order within five (5)

years from the date of billing and may assess a reasonable administrative fine in accordance with

the provisions of the Oklahoma Clean Air Act, 27A O.S. §§ 2-5-101 et seq.

(3) When a fee overpayment has been made as a result of an error, an owner or operator may

seek a credit for such fee overpayment within five years from the date on which payment of the

fee was received by the DEQ.

(d) Basis for annual operating fees.

(1) Operating fees shall be calculated on a source-specific basis and based on actual emissions

of regulated pollutants (for fee calculation) as set forth in the facility emission inventory unless

the owner or operator elects to pay fees on allowable emissions.

(2) Regulated pollutants (for fee calculation) in excess of 4,000 tons per year per pollutant for

a Part 70 source shall not be considered in the calculation of the annual fee.

252:100-5-2.3. Annual operating fees for area sources of air pollution

The Department of Environmental Quality is delaying implementation of the new area source

operating fees adopted in 2011. The Oklahoma Used Tire Recycling Act 27A, O.S. § 2-11-401 et

seq. was adopted in 2011 and designed to supplement the new area source operating fee program.

Therefore, DEQ will not assess the area source annual operating fees in OAC 252:100-5-2.3 at this

time.

(a) Applicability. Area sources as defined in 40 CFR § 63.2 that are not subject to the permitting

requirements in OAC 252:100-7 or 252:100-8 but are subject to one or more National Emission

Standards for Hazardous Air Pollutants at 40 CFR Part 63, are subject to annual operating fees

as provided in this section.

(b) Fee schedule.

(1) Gasoline dispensing facilities. Gasoline dispensing facility area sources that are subject to

40 CFR Part 63, Subpart CCCCCC, National Emission Standards for Hazardous Air Pollutants

for Source Category: Gasoline Dispensing Facilities, but not subject to the permitting

requirements in OAC 252:100-7 or 252:100-8 shall payan annual operating fee based on average

monthly gasoline throughput.

(A) Gasoline stations with throughput of 10,000 gallons or less shall pay an annual

operating fee of $250.

(B) Gasoline stations with throughput of more than 10,000 gallons but less than 100,000

gallons shall pay an annual operating fee of $500.

(C) Gasoline stations with throughput of 100,000 gallons or more shall pay an annual

operating fee of $750.

(2) Gasoline distribution bulk terminals, bulk plants, and pipeline facilities. Area source

gasoline distribution bulk terminals, bulk plants, and pipeline facilities that are subject to 40 CFR

Part 63, Subpart BBBBBB, National Emission Standards for Hazardous Air Pollutants for

Source Category: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities, but

not subject to the permitting requirements in OAC 252:100-7 or 252:100-8 shall pay an annual

operating fee of $500.

(3) Other existing area sources. Area sources as defined in 40 CFR § 63.2 that are not subject

to the permitting requirements in OAC 252:100-7 or 252:100-8 but are subject to an emission

standard, equipment standard, or work practice standard in any federal NESHAP (40 CFR Part

63) shall pay an annual operating fee of $250.

16
(c) Payment. Area sources that are assessed annual operating fees are subject to the provisions of

OAC 252:100-5-2.2(c)(1).

(d) Provisions for fee adjustment. The invoiced annual operating fees shall be discounted

appropriately in any given year if the Department determines that other revenues, including

appropriated state general revenue funds, have increased sufficiently to adequately fund the air

program.

252:100-5-3. Confidentiality of proprietary information

[Refer to 27A O.S. § 2-5-105.18.]

SUBCHAPTER 6. PERMITTING [REVOKED]

PART 1. GENERAL PROVISIONS AND DEFINITIONS [REVOKED]

Section

252:100-6-1. Purpose [REVOKED]

252:100-6-2. Definitions [REVOKED]

252:100-6-3. Uniform permitting processes [REVOKED]

PART 3. TYPES OF PERMITS AND OTHER AUTHORIZATIONS [REVOKED]

252:100-6-30. Authorizations in general [REVOKED]

252:100-6-31. Dual system of construction and operating permits [REVOKED]

252:100-6-32. Permit modifications [REVOKED]

252:100-6-33. Other air quality authorizations [REVOKED]

PART 5. APPLICATION AND APPLICATION PROCESSING [REVOKED]

252:100-6-50. Uniform processes applied to air quality applications [REVOKED]

PART 1. GENERAL PROVISIONS AND DEFINITIONS [REVOKED]

252:100-6-1. Purpose [REVOKED]

252:100-6-2. Definitions [REVOKED]

252:100-6-3. Uniform permitting processes [REVOKED]

PART 3. TYPES OF PERMITS AND OTHER AUTHORIZATIONS [REVOKED]

252:100-6-30. Authorizations in general [REVOKED]

252:100-6-31. Dual system of construction and operating permits [REVOKED]

252:100-6-32. Permit modifications [REVOKED]

252:100-6-33. Other air quality authorizations [REVOKED]

PART 5. APPLICATION AND APPLICATION PROCESSING [REVOKED]

252:100-6-50. Uniform processes applied to air quality applications [REVOKED]

SUBCHAPTER 7. PERMITS FOR MINOR FACILITIES

17
PART 1. GENERAL PROVISIONS

Section

252:100-7-1. Purpose

252:100-7-1.1. Definitions

252:100-7-2. Requirement for permits for minor facilities

252:100-7-2.1 Minor permits for greenhouse gas (GHG) emitting facilities

PART 2. PERMIT APPLICATION FEES

252:100-7-3. Permit application fees

252:100-7-4. Annual operating permit fees applicable to minor and major sources [REVOKED]

PART 3. CONSTRUCTION PERMITS

252:100-7-15. Construction permit

252:100-7-16. Stack height limitation [REVOKED]

PART 4. OPERATING PERMITS

252:100-7-17. Relocation permits for portable sources

252:100-7-18. Operating permit

PART 5. PREVENTION OF SIGNIFICANT DETERIORATION (PSD)

REQUIREMENTS FOR ATTAINMENT AREAS

252:100-7-30. Applicability

252:100-7-31. Definitions [REVOKED]

252:100-7-32. Source applicability determination

252:100-7-33. Review, applicability and exemptions [REVOKED]

252:100-7-34. Control technology

252:100-7-35. Air quality impact evaluation

252:100-7-36. Source impacting Class I areas [REVOKED]

252:100-7-37. Innovative control technology

PART 7. MAJOR SOURCES AFFECTING NONATTAINMENT AREAS

252:100-7-50 Applicability

252:100-7-51 Definitions [REVOKED]

252:100-7-52. Source applicability determination

252:100-7-53. Exemptions

252:100-7-54. Requirements for sources located in nonattainment areas

PART 9. PERMITS BY RULE

252:100-7.60 Permit by rule

252:100-7-60.1 Cotton gins

252:100-7-60.2 Grain elevators

252:100-7-60.3 Particulate matter emissions

252:100-7-60.4 VOC storage and loading facilities

PART 1. GENERAL PROVISIONS

252:100-7-1. Purpose

18
This Subchapter sets forth permit application fees and the basic substantive requirements for

permits for minor facilities.

252:100-7-1.1. Definitions

The following words and terms when used in this Subchapter shall have the following

meaning unless the context clearly indicates otherwise:

"Actual emissions" means the total amount of any regulated air pollutant actually emitted

from a given facility during a particular calendar year, determined using methods contained in

OAC 252:100-5-2.1(d).

"Best Available Control Technology" or "BACT" means the best control technology that

is currently available as determined by the Director on a case-by-case basis, taking into account

energy, environmental, and economic impacts and other costs.

"Commence" means, as applied to the construction or modification of a minor facility to

which neither a NSPS or NESHAP applies, that the owner or operator has begun the construction

or installation of the emitting equipment on a pad or in the final location at the facility.

"De minimis facility" means a facility that meets the requirements contained in paragraphs

(A) and (B) of this definition.

(A) All the air pollutant emitting activities at the facility are on the de minimis list

contained in Appendix H or the facility meets all of the following de minimis criteria:

(i) The facility has actual emissions of 5 tpy or less of each regulated air pollutant,

except that fraction of particulate matter that exhibits an aerodynamic particulate

diameter of more than 10 micrometers (ìm).

(ii) The facility is not a "major source" as defined in OAC 252:100-8-2.

(iii) The facility is not a "major stationary source" as defined in OAC 252:100-8-31

for facilities in attainment areas.

(iv) The facility is not a "major stationary source" as defined in OAC 252:100-8-51

for facilities in nonattainment areas.

(v) The facility is not operated in conjunction with another facility or source that is

subject to air quality permitting.

(vi) The facility has not opted to obtain or retain an Air Quality Division permit.

(B) The facility is not subject to the Federal NSPS (40 CFR Part 60) or the Federal

NESHAP (40 CFR Parts 61 and 63).

"Facility" means all of the pollutant-emitting activities that meet all the following

conditions:

(A) Are under common control.

(B) Are located on one or more contiguous or adjacent properties.

(C) Have the same two-digit primary SIC Code (as described in the Standard Industrial

Classification Manual, 1987).

"Hazardous Air Pollutant" or "HAP" means any hazardous air pollutant regulated under

Section 112 of the Federal Clean Air Act, 42 U.S.C. Section 7412, and subject to NESHAP.

"Minor facility" means a facility which is not a Part 70 source.

"National Emission Standards for Hazardous Air Pollutants" or "NESHAP" means those

standards as published by the Administrator of the U.S. Environmental Protection Agency (EPA)

pursuant to Section 112 of the Federal Clean Air Act, 42 U.S.C. Section 7412.

"New portable source" means a portable source that has never operated within the State of

Oklahoma. This includes sources that are initially constructed and existing facilities that are

relocating into Oklahoma from another state.

"New Source Performance Standards" or "NSPS" means those standards found in 40 CFR

Part 60.

"Permit exempt facility" means a facility that:

(A) has actual emissions in every calendar year that are 40 tpy or less of each regulated

air pollutant;

(B) is not a de minimis facility as defined in OAC 252:100-7-1.1;

(C) is not a "major source" as defined in OAC 252:100-8-2 for Part 70 sources;

19
(D) is not a "major stationary source" as defined in OAC 252:100-8-31 for PSD facilities

in attainment areas;

(E) is not a "major stationary source" as defined in OAC 252:100-8-51 for facilities in

nonattainment areas;

(F) is not operated in conjunction with another facility or source that is subject to air quality

permitting;

(G) is not subject to an emission standard, equipment standard, or work practice standard

in the Federal NSPS (40 CFR Part 60) or the Federal NESHAP (40 CFR Parts 61 and 63);

and

(H) is not subject to the requirements of OAC 252:100-39-47.

"Portable source" means a source with design and intended use to allow disassembly or

relocation.

"Relocate" means to move a source from one geographical location to another. The term does

not include minimal moves within the facility boundaries.

"Regulated air pollutant" means any substance or group of substances listed in Appendix P

of this Chapter, or any substance regulated as an air pollutant under any federal regulation for which

the Department has been given authority, or any other substance for which an air emission limitation

or equipment standard is set by an enforceable permit.

252:100-7-2. Requirement for permits for minor facilities

(a) Permit required. Except as provided in OAC 252:100-7-2 and 252:100-7-18(b), no person may

commence construction or modification of any minor facility, may operate any new minor facility,

or may relocate anyminor portable source without obtaining a permit from the DEQ. For additional

application and permitting procedures, see OAC 252:4, Subchapter 7. Environmental Permit Process.

(b) Exceptions.

(1) De minimis facilities. De minimis facilities are exempted from the permitting requirements

of OAC 252:100-7. De minimis facilities remain subject only to the following air quality control

rules:

(A) De minimis facilities must comply with OAC 252:100-13, Open Burning.

(B) With the exception of those de minimis cotton gin facilities or grain, feed or seed

facilities that comply with the requirements of 252:100-23, Control of Emissions from

Cotton Gins or 252:100-24, Particulate Matter Emissions from Grain, Feed or Seed

Operations, de minimis facilities remain subject to OAC 252:100-25, Visible Emissions and

Particulates.

(C) With the exception of those de minimis cotton gin facilities or grain, feed or seed

facilities that comply with the requirements of 252:100-23, Control of Emissions from

Cotton Gins or Subchapter 24 Particulate Matter Emissions from Grain, Feed or Seed

Operations, de minimis facilities remain subject to OAC 252:100-29, Control of Fugitive

Dust.

(D) De minimis facilities must comply with OAC 252:100-42 Control of Toxic Air

Contaminants.

(2) Permit exempt facilities. Permit exempt facilities are exempted from the permitting

requirements of OAC 252:100-7, the requirement to submit an annual emission inventory as

required by OAC 252:100-5-2.1, and the requirement to pay annual operating fees as required

by OAC 252:100-5-2.2(b). Permit exempt facilities remain subject to all other applicable State

and Federal air quality control rules and standards.

(c) Permit application.

(1) All applications shall be signed by the applicant. 

(2) The signature on an application for a permit shall constitute an implied agreement that the

applicant shall be responsible for assuring construction or operation, as applicable, in accordance

with the application and OAC 252:100. 

(3) Any applicant who fails to submit any relevant facts or who has submitted incorrect

information in a permit application shall, upon becoming aware of such failure or incorrect

submittal, submit such supplementary facts or corrected information within 30 days unless the

20
applicant's request for more time has been approved by the DEQ. In addition, an applicant shall

provide additional information as necessary to address any requirements that become applicable

to the source after the date it filed a complete application but prior to release of the draft permit.

(d) Applicability determination. Upon written request alongwith the required fee and anyrelevant

information needed, the DEQ will make a determination of whether a permit is required.

(e) Change in permit status. The owner or operator of a permitted facility may at any time notify

the DEQ that the facility:

(1) Is de minimis, requesting termination of the permit, or

(2) Qualifies for either a permit by rule or a general permit, submitting the appropriate

application for such permit, or

(3) Is permit exempt, requesting termination of the permit.

(f) Transfer of permit. The transfer of ownership of a stationary source or a facility is an

administrative amendment that shall subject the new owner or operator to existing permit conditions

and/or compliance schedules. A new permit is not required. The transferor shall notify the DEQ

using a prescribed form no later than 30 days following the change in ownership.

(g) Emission calculation methods. The methods in OAC 252:100-5-2.1(d) shall be used when

calculating regulated air pollutant emission rates for purposes of determining if a DEQ-issued air

quality permit is required or what type of permit is required.

252:100-7-2.1. Minor permits for greenhouse gas (GHG) emitting facilities

Greenhouse gas (GHG) emissions shall not be included in a minor facility permit nor cause a

facility to be subject to minor facility permitting requirements contained in OAC 252:100-7, unless

the owner or operator of that facility requests that GHG emission limits and/or physical or

operational limitations be included in a minor permit for the facility to set enforceable limits to keep

potential GHG emission levels below the applicability threshold levels for the PSD construction

permit program and/or the Part 70 operating permit program. Physical or operational limitations may

include, but are not limited to, air pollution control equipment, restrictions on hours of operation,

and/or restrictions on the type or amount of material combusted, stored, or processed.

PART 2. PERMIT APPLICATION FEES

252:100-7-3. Permit application fees

Minor facility permit application fees. A permit application or a request for an applicability

determination will be assessed a one-time fee that must accompany the application or request.

Applications received without appropriate fees are incomplete. Fees must be paid bycheck or money

order made payable to the Department of Environmental Quality in accordance with the following

fee schedule:

(1) Applicability determination. $500, to be credited against the construction or operating

permit application fee, if a permit is required. If no permit is required, the fee will be retained

to cover the cost of making the determination.

(2) Construction permit application fees.

(A) Permit by rule registration - $250

(B) General permit authorization or NOI (Notice of Intent) - $500

(C) Individual permit (initial construction or for added emissions) - $2000

(D) Amendments of individual permits which do not increase emissions - $500

(E) Extension of time and transfer of ownership - no fee

(3) Operating permit application fees.

(A) Permit by rule registration - $100

(B) General permit authorization - $500

(C) Individual permit - $750

(D) Modification of individual permit - $750

(E) Relocation - $250

21
252:100-7-4. Annual operating permit fees applicable to minor and major sources

[REVOKED]

PART 3. CONSTRUCTION PERMITS

252:100-7-15. Construction permit

(a) Construction permit required. A construction permit is required to commence construction

or installation of a new facility or the modification of an existing facility as specified in OAC

252:100-7-15(a)(1) and (2). 

(1) New Facility. No person shall cause or allow the construction or installation of any new

minor facility other than a de minimis facility or a permit exempt facility as defined in OAC

252:100-7-1.1 without first obtaining a DEQ-issued air quality construction permit.

(2) Modification of an existing facility.

(A) A construction permit is required for any modification that would cause an existing

facility to no longer qualify for de minimis status, permit exempt facility status, or its current

permit category.

(B) A construction permit is required for an existing facility covered by an individual

permit:

(i) to add a piece of equipment or a process that is subject to NSPS or NESHAP or

(ii) to add or physically modify a piece of equipment or a process that results in an

increase in actual emissions of any one regulated air pollutant by more than 5 TPY.

(b) Permit categories. Three types of construction permits are available: permit by rule, general

permit, and individual permit. A permit by rule may be adopted or a general permit may be issued

for an industry if there are a sufficient number of facilities that have the same or substantially similar

operations, emissions, and activities that are subject to the same standards, limitations, and operating

and monitoring requirements.

(1) Permit by rule. An owner or operator of a minor facility may apply for registration under

a permit by rule if the following criteria are met:

(A) The facility has actual emissions of 40 TPY or less of each regulated air pollutant,

except HAPs.

(B) The facility does not emit or have the potential to emit 10 TPY or more of any single

HAP or 25 TPY or more of any combination of HAPs.

(C) The DEQ has established a permit by rule for the industry in Part 9 of this

Subchapter.

(D) The owner or operator of the facility certifies that it will comply with the applicable

permit by rule.

(E) The facility is not operated in conjunction with another facility or source that is

subject to air quality permitting.

(2) General permit. Minor facilities may qualify for authorization under a general permit if the

following criteria are met:

(A) The facility has actual emissions less than 100 TPY of each regulated air pollutant,

except for HAPs.

(B) The facility does not emit or have the potential to emit 10 TPY or more of any single

HAP or 25 TPY or more of any combination of HAPs.

(C) The DEQ has issued a general permit for the industry.

(3) Individual permit. The owners or operators of minor facilities requiring permits under this

Subchapter which do not qualify for permit by rule or a general permit shall obtain individual

permits. An owner or operator may apply for an individual permit even if the facility qualifies

for a permit by rule or a general permit.

(c) Content of construction permit application. Construction permit applications shall contain

at least the data and information listed in OAC 252:100-7-15(c)(1) and (2).

22
(1) Individual permit. An applicant for an individual construction permit shall provide data

and information required by this Chapter on an application form available from the DEQ. Such

data and information should include but not be limited to:

(A) site information,

(B) process description,

(C) emission data,

(D) BACT when required, 

(E) sampling point data and 

(F) modeling data when required.

(2) General permit. An applicant for authorization under a general permit shall provide data

and information required by that permit on a form available from the DEQ. For general permits

that provide for application through the filing of a notice of intent (NOI), authorization under the

general permit is effective upon receipt of the NOI.

(d) Permit contents. The construction permit:

(1) Shall require the permittee to comply with all applicable air pollution rules.

(2) Shall prohibit the exceedance of ambient air quality standards contained in OAC 252:100-3.

(3) May establish permit conditions and limitations as necessary to assure compliance with all

rules.

(e) Failure to comply with a construction permit. A violation of the limitations or conditions

contained in the construction permit shall subject the owner or operator of a facility to any or all

enforcement penalties, including permit revocation, available under the Oklahoma Clean Air Act and

Air Pollution Control Rules. No operating permit will be issued until the violation has been resolved

to the satisfaction of the DEQ.

(f) Cancellation of authority to construct or modify. A duly issued permit to construct or modify

will terminate and become null and void (unless extended as provided below) if the construction is

not commenced within 18 months of the permit issuance date, or if work is suspended for more than

18 months after it has commenced.

(g) Extension of authorization to construct or modify.

(1) Prior to the permit expiration date, a permittee may apply for extension of the permit by

written request of the DEQ stating the reasons for the delay/suspension and providing

justification for the extension. The DEQ may grant:

(A) one extension of 18 months or less or

(B) one extension of up to 36 months where the applicant is proposing to expand an

already existing facility to accommodate the proposed new construction or the applicant has

expended a significant amount of money (1% of total project cost as identified in the original

application, not including land cost) in preparation for meeting the definition of "commence

construction" at the proposed site.

(2) If construction has not commenced within three (3) years of the effective date of the original

permit, the permittee must undertake and complete an appropriate available control technology

review and an air quality analysis. This review must be approved by the DEQ before

construction may commence.

252:100-7-16. Stack height limitation [REVOKED]

PART 4. OPERATING PERMITS

252:100-7-17. Relocation permits for portable sources

Relocation permits may be issued to portable sources determined to be operating in compliance

with any permit or all applicable air quality control rule(s).

(1) Permit Required. A relocation permit issued by the DEQ shall be required for the

relocation of any portable source from one site to another. A relocation permit does not take the

place of an operating permit. Any purported or attempted relocation of such a source without

such permit shall automatically void the operating permit or the grandfather exemption for that

source.

23
(2) Applicability and permit duration. The relocation of portable sources shall be limited to

previously permitted or existing sources within attainment regions of this state and shall be valid

for only two years. Failure of the source to change its locale within the two-year time period will

be considered prima facie evidence that the source is a stationary source and subject it, at that

time, to permit analysis requirements as stated in 252:100-7-15(c) to determine whether a

modification of the operating permit is necessary.

252:100-7-18. Operating permit

(a) Permit required. An operating permit is required for a minor facility as specified in OAC

252:100-7-18(a)(1) and (2).

(1) New facility. No person shall cause or authorize the operation of a new minor facility for

more than a 60-day period without applying for a DEQ-issued air quality operating permit.

(2) Modification of an existing facility. No person shall cause or authorize the operation of a

minor facility modified pursuant to OAC 252:100-7-15(a)(2) for more than a 60-day period

without applying for a DEQ-issued air quality operating permit.

(b) Administrative permit amendment. An administrative permit amendment to an operating

permit does not require a prior construction permit. Except for correction of typographical errors,

application for an administrative permit amendment shall be made to the DEQ in writing within 30

days of the date the change occurred. Application for correction of typographical errors can be made

at anytime. An administrative permit amendment can be made to:

(1) correct typographical errors;

(2) identify a change in name, address, or phone number of any person identified in the permit,

or provide a similar minor administrative change at the facility;

(3) require more frequent monitoring or reporting by the permittee; and/or

(4) allow other permit amendments that are not physical or operational changes and that do not

result in an increase in emissions.

(c) Denial or revocation of a permit to operate. No owner or operator shall cause or authorize the

operation of a minor facility if the DEQ denies or revokes a permit to operate.

(d) Permit Categories. Three types of operating permits are available. See OAC 252:100-7-15(b)

for a complete description of the permit categories.

(e) Permit application requirements. An operating permit application shall meet the following

requirements.

(1) New or modified facility. An operating permit application must contain the following

information.

(A) Application content. Application shall be made on a form provided by the DEQ. 

An application shall contain:

(i) The proposed operation start-up date, or phased dates when applicable.

(ii) Revisions to the installation/construction, if any, that differed from the construction

design and plan given in the permit application material, data and specifications.

(B) Emission tests. Before a permit to operate a new or modified minor facility is

granted, the applicant, if required by the DEQ, shall conduct emission tests in accordance

with methods approved by the DEQ with the tests beingmade at the expense of the applicant. 

The DEQ shall be given advance notice of the tests, may monitor performance tests

conducted by the applicant, and may also conduct emissions tests. The results of any

required test must be provided to the DEQ along with supporting information as required.

(2) Contents of an application for an administrative permit amendment. The application

may be made on the DEQ application form or it may be in letter form. The application shall:

(A) describe the change to be made to the permit,

(B) include the date the change occurred,

(C) identify the facility and source involved, and

(D) be signed by the applicant.

(f) Operating permit conditions.

(1) Emission limitations established and made a part of the construction permit are incorporated

into and become enforceable limitations of the subsequently issued operating permit.

24
(2) Permit limitations in adjustment of, or in addition to, the facility's construction permit

limitations may be made a condition of the facility's operating permit issuance.

PART 5. PREVENTION OF SIGNIFICANT DETERIORATION (PSD)

REQUIREMENTS FOR ATTAINMENT AREAS

252:100-7-30. Applicability [AMENDED AND RENUMBERED TO 252:100-8-30]

252:100-7-31. Definitions [REVOKED]

252:100-7-32. Source applicability determination [AMENDED AND RENUMBERED TO

252:100-8-32]

252:100-7-33. Review, applicability and exemptions [REVOKED]

252:100-7-34. Control technology [AMENDED AND RENUMBERED TO 252:100-8-34]

252:100-7-35. Air quality impact evaluation [AMENDED AND RENUMBERED TO 252:100-

8-35]

252:100-7-36. Source impacting Class I areas [REVOKED]

252:100-7-37. Innovative control technology [AMENDEDANDRENUMBEREDTO252:100-

8-37]

PART 7. MAJOR SOURCES AFFECTING NONATTAINMENT AREAS

252:100-7-50. Applicability [AMENDED AND RENUMBERED TO 252:100-8-50]

252:100-7-51. Definitions [REVOKED]

252:100-7-52. Source applicability determination [AMENDED AND RENUMBERED TO

252:100-8-52]

252:100-7-53. Exemptions [AMENDED AND RENUMBERED TO 252:100-8-53]

252:100-7-54. Requirements for sources located in nonattainment areas [AMENDED AND

RENUMBERED TO 252:100-8-54]

PART 9. PERMITS BY RULE

252:100-7-60. Permit by rule

(a) Applicability. A minor facility may be constructed or operated under this rule and will be

exempt from any other permitting requirements in this Chapter if it meets the requirements of 100-7-

15(b)(1) and this Part.

(b) General requirements.

(1) To construct or operate a facility under a permit by rule, the owner or operator should submit

a letter to the Division requesting registration under the appropriate permit by rule. The letter

must contain written certification by the owner or operator that the facility will be constructed

or operated in compliance with such permit by rule. A construction or operating permit

application fee, as specified in 252:100-7-3, must accompany the letter.

(2) In accordance with the requirements of Subchapter 5, an emission inventory shall be

submitted to the DEQ every year, except that facilities emitting 5 tons per year or less of each

regulated pollutant are required to submit an emission inventory once every 5 years. No other

25
reporting requirements shall apply unless required by NSPS in Subchapter 4 or NESHAP in

Subchapter 41.

(3) Compliance inspections will be conducted by the DEQ in response to complaints and on a

random basis.

(4) Any change that would cause a facility to no longer qualify for a permit by rule will require

the owner or operator to apply for an individual or, if applicable, general permit.

(c) Registration. After receiving the appropriate application fee and certification, the DEQ will

acknowledge in writing that the facility is registered to construct or operate under the specified

permit by rule. No facility may be constructed or operated under a permit by rule until DEQ issues

written acknowledgement of the registration.

252:100-7-60.1. Cotton gins

See 252:100-23-7.

252:100-7-60.2. Grain elevators

See 252:100-24-7.

252:100-7-60.3. Particulate matter emissions

See 252:100-19-13.

252:100-7-60.4. VOC storage and loading facilities

See 252:100-37, Part 9.

SUBCHAPTER 8. PERMITS FOR PART 70 SOURCES

PART 1. GENERAL PROVISIONS

Section

252:100-8-1. Purpose

252:100-8-1.1. Definitions

252:100-8-1.2. General information

252:100-8-1.3. Duty to comply

252:100-8-1.4. Cancellation or extension of a construction permit or authorization under a

general construction permit

252:100-8-1.5. Stack height limitations

PART 3. PERMIT APPLICATION FEES

252:100-8-1.7. Permit application fees

PART 5. PERMITS FOR PART 70 SOURCES

252:100-8-2. Definitions

252:100-8-3. Applicability

252:100-8-4. Requirements for construction and operating permits

252:100-8-5. Permit applications

252:100-8-6. Permit content

252:100-8-6.1. General permits

252:100-8-6.2. Temporary sources

252:100-8-6.3. Special provisions for affected (acid rain) sources

252:100-8-7. Permit issuance

252:100-8-7.1. Permit renewal and expiration

252:100-8-7.2. Administrative permit amendments and permit modifications

252:100-8-7.3. Reopening of operating permits for cause

252:100-8-7.4. Revocations of operating permits

26
252:100-8-7.5. Judicial review

252:100-8-8. Permit review by EPA and affected states

252:100-8-9. Permit fees

PART 7. PREVENTION OF SIGNIFICANT DETERIORATION (PSD)

REQUIREMENTS FOR ATTAINMENT AREAS

252:100-8-30. Applicability

252:100-8-31. Definitions

252:100-8-32. Source applicability determination [REVOKED]

252:100-8-32.1. Ambient air increments and ceilings

252:100-8-32.2. Exclusion from increment consumption

252:100-8-32.3. Stack heights

252:100-8-33. Exemptions

252:100-8-34. Control technology review

252:100-8-35. Air quality impact evaluation

252:100-8-35.1. Source information

252:100-8-35.2. Additional impact analyses

252:100-8-36. Source impacting Class I areas

252:100-8-36.1. Public participation

252:100-8-36.2. Source obligation

252:100-8-37. Innovative control technology

252:100-8-38. Actuals PAL

252:100-8-39. Severability

PART 9. MAJOR SOURCES AFFECTING NONATTAINMENT AREAS

252:100-8-50. Applicability

252:100-8-50.1. Incorporation by reference

252:100-8-51. Definitions

252:100-8-51.1. Emissions reductions and offsets

252:100-8-52. Applicability determination for sources in attainment areas causing or contributing

to NAAQS violation

252:100-8-53. Exemptions

252:100-8-54. Requirements for sources located in nonattainment areas

252:100-8-54.1. Ozone and PM-10 precursors 

252:100-8-55. Source obligation

252:100-8-56. Actuals PAL

252:100-8-57. Severability

PART 11. VISIBILITY PROTECTION STANDARDS

252:100-8-70. Applicability

252:100-8-71. Definitions

252:100-8-72. Incorporation by reference

252:100-8-73. BART applicability

252:100-8-74. Exemption from BART requirements

252:100-8-75. Visibility standards for existing stationary facilities

252:100-8-76. Permit requirements

252:100-8-77. Cap and/or trade program

252:100-8-78. Modeling

PART 1. GENERAL PROVISIONS

252:100-8-1. Purpose

27
This Subchapter sets forth permit application fees and the substantive requirements for permits

for Part 70 sources.

252:100-8-1.1. Definitions

The following words and terms, when used in this Subchapter, shall have the followingmeaning,

unless the context clearly indicates otherwise. Except as specifically provided in this section, terms

used in this Subchapter retain the meaning accorded them under the applicable requirements of the

Act.

"A stack in existence" means for purposes of OAC 252:100-8-1.5 that the owner or operator

had:

(A) begun, or caused to begin, a continuous program of physical on-site construction of

the stack; or

(B) entered into binding agreements or contractual obligations, which could not be

canceled or modified without substantial loss to the owner or operator, to undertake a

program of construction of the stack to be completed in a reasonable time.

"Actual emissions" means, except for Parts 7 and 9 of this Subchapter, the total amount of any

regulated air pollutant emitted from a given facility during a particular calendar year, determined

using methods contained in OAC 252:100-5-2.1(d).

"Adverse impact on visibility" means, for purposes of Parts 7 and 11, visibility impairment

which interferes with the management, protection, preservation, or enjoyment of the visitor's visual

experience of the Federal Class I area. This determination must be made by the DEQ on a case-bycase basis taking into account the geographic extent, intensity, duration, frequency and time of

visibility impairments, and how these factors correlate with (1) times of visitor use of the Federal

Class I area, and (2) the frequency and timing of natural conditions that reduce visibility. This term

does not include effects on integral vistas.

"Dispersion technique" means for purposes of OAC 252:100-8-1.5 any technique which

attempts to affect the concentration of a pollutant in the ambient air by using that portion of a stack

which exceeds good engineering practice stack height; varying the rate of emission of a pollutant

according to atmospheric conditions or ambient concentrations of that pollutant; or increasing final

exhaust gas plume rise by manipulating source process parameters, exhaust gas parameters, stack

parameters or combining exhaust gases from several existing stacks into one stack, or other selective

handling of exhaust gas streams so as to increase the exhaust gas plume rise. The preceding sentence

does not include:

(A) The reheating of a gas stream, following use of a pollution control system, for the

purpose of returning the gas to the temperature at which it was originally discharged from

the facility generating the gas stream.

(B) The merging of exhaust gas streams where:

(i) the source owner or operator documents that the facility was originally designed and

constructed with such merged streams;

(ii) after July 8, 1985, such merging is part of a change in operation at the facility that

includes the installation of pollution controls and is accompanied by a net reduction in

the allowable emissions of a pollutant. This exclusion from "dispersion technique"

applicability shall apply only to the emission limitation for the pollutant affected by such

change in operation; or

(iii) before July 8, 1985, such merging was part of a change in operation at the facility

that included the installation of emissions control equipment or was carried out for sound

economic or engineering reasons. Where there was an increase in the emission limitation

or, in the event that no emission limitation existed prior to the merging, there was an

increase in the quantity of pollutants actually emitted prior to the merging, it shall be

presumed that merging was primarily intended as a means of gaining emissions credit for

greater dispersion. Before such credit can be allowed, the owner or operator must

satisfactorily demonstrate that merging was not carried out for the primary purpose of

gaining credit for greater dispersion.

(C) Manipulation of exhaust gas parameters,merging of exhaust gas streams from several

existing stacks into one stack, or other selective handling of exhaust gas streams so as to

28
increase the exhaust gas plume rise in those cases where the resulting allowable emissions

of sulfur dioxide from the facility do not exceed 5,000 tons per year.

"Emission limitations and emission standards" means for purposes of OAC 252:100-8-1.5

requirements that limit the quantity, rate or concentration of emissions of air pollutants on a

continuous basis, including any requirements that limit the level of opacity, prescribe equipment, set

fuel specifications or prescribe operation or maintenance procedures for a source to assure

continuous reduction.

"Natural conditions" includes naturallyoccurringphenomena that reduce visibilityas measured

in terms of light extinction, visual range, contrast, or coloration.

"Secondary emissions" means, for purposes of Parts 7 and 9 of this Subchapter, emissions

which occur as a result of the construction or operation of a major stationary source or modification,

but do not come from the source or modification itself. Secondary emissions must be specific, well

defined, quantifiable, and impact the same general areas as the source or modification which causes

the secondary emissions. Secondary emissions may include, but are not limited to:

(A) emissions from trains coming to or from the new or modified stationary source; and,

(B) emissions from any offsite support facilitywhich would not otherwise be constructed

or increase its emissions as a result of the construction or operation of the major source or

modification.

"Stack" means for purposes of OAC 252:100-8-1.5 any point in a source designed to emit

solids, liquids or gases into the air, including a pipe or duct but not including flares.

"Visibility impairment" means anyhumanlyperceptible reduction in visibility(light extinction,

visual range, contrast, and coloration) from that which would have existed under natural conditions.

252:100-8-1.2. General information

(a) Permit categories. Two types of construction and operating permits are available: general

permit and individual permit.

(1) General permit.

(A) A general permit may be issued for an industry if there are a sufficient number of

facilities that have the same or substantially similar operations, emissions and activities

which are subject to the same standards, limitations and operating and monitoring

requirements.

(B) Facilities may be eligible for authorization under a general permit if the following

criteria are met:

(i) The facility has actual emissions of 100 tpy or more of any one regulated air pollutant

emitted and/or is a Part 70 source.

(ii) The DEQ has issued a general permit for the industry.

(2) Individual permit. Facilities requiring permits under this Subchapterthat do not qualify for

a general permit shall obtain individual permits. An owner or operator may apply for an

individual permit even if the facility qualifies for a general permit.

(b) Applicability determination. Any person may submit a request in writing that the DEQ make

a determination as to whether a particular source or installation, which that person operates or

proposes to operate, is subject to the permit requirements of this Subchapter. The request must

contain sufficient information for the DEQ to make the requested determination and the required fee.

The DEQ may request any additional information that it needs for purposes of making the

determination.

252:100-8-1.3. Duty to comply

(a) An owner or operator who applies for a permit or authorization, upon notification of coverage,

shall be bound by the terms and conditions therein.

(b) An owner or operator who violates any condition of a permit or authorization is subject to

enforcement under the Oklahoma Clean Air Act.

252:100-8-1.4. Cancellation or extension of a construction permit or authorization under

a general construction permit

29
(a) Cancellation of permit or authorization to construct or modify. A duly issued permit or

authorization to construct or modify will terminate and become null and void (unless extended as

provided in Subsection (b) of this Section) if the construction is not commenced within 18 months

after the date the permit or authorization was issued, or if work is suspended for more than 18

months after it has commenced.

(b) Extension of permit or authorization to construct or modify.

(1) Prior to the expiration date of the permit or authorization, a permittee may apply for

extension of the permit or authorization by written request of the DEQ stating the reasons for the

delay or suspension and providing justification for the extension. The DEQ may grant:

(A) One extension of 18 months or less, or

(B) One extension of up to 36 months where the applicant is proposing to expand an

already existing facility to accommodate the proposed new construction or the applicant has

expended a significant amount of money (1% of total project cost as identified in the original

application, not including land cost) in preparation for meeting the definition of "commence

construction" at the proposed site, or

(C) One extension of up to 72 months will be granted to major industrial facilities

(project cost greater than $100,000,000.00), where the applicant proposes to construct at an

existing site and demonstrates that the existing site was originally designed and constructed

to accommodate the proposed new facilities. The applicant shall show a commitment to the

site by having purchased land necessary to construct facilities covered by this extension and

expended $1,000,000.00 or more on engineering and/or site development.

(2) If construction has not commenced within three (3) years of the effective date of the original

permit or authorization, the permittee must undertake and complete an appropriate available

control technologyreview and an air quality analysis. This review must be approved by the DEQ

before construction may commence.

(3) Upon formal request of any applicant whose permit has been denied for lack of increment,

the DEQ may require any permittee under OAC 252:100:8-1.4(b)(1)(B) or (C), to furnish a

complete air quality analysis and/or an appropriate available control technology review if such

review is required in order to provide new or current information.

252:100-8-1.5. Stack height limitations

(a) Stack height exclusion. Air quality modeling or ambient impact evaluation shall exclude the

effect of that portion of the height of any stack which exceeds good engineering practice or the effect

of any other dispersion techniques.

(b) Determination of good engineering practice (GEP) stack height. GEP stack height shall be

the greater of:

(1) 65 meters, measured from the ground-level elevation at the base of the stack; or

(2) The height under either OAC 252:100-8-1.5(b)(2)(A) or (B):

(A) for stacks in existence on January 12, 1979 and for which the owner or operator had

obtained all applicable permits or approvals required under OAC 252:100-8 or 40 CFR Part

52, Hg = 2.5H, provided the owner or operator can demonstrate that this equation was relied

upon in establishing an emission limitation;

(B) for all other stacks, Hg = H + 1.5L, where:

(i) Hg = good engineering practice stack height, measured from the ground-level

elevation at the base of the stack,

(ii) H = height of nearby structure(s) measured from the ground-level elevation at the

base of the stack,

(iii) L = lesser dimension (height or projected width) of nearby structure(s), provided

that the owner or operator may be required to verify such GEP stack height by the use of

a field study or fluid model as the Executive Director shall determine; or

(3) The height demonstrated by a fluid model or a field study approved by the reviewing agency,

which ensures that the emissions from a stack do not result in excessive concentrations of any

air pollutant as a result of atmospheric downwash, wakes, or eddy effects created by the source

itself, nearby structures, or nearby terrain features.

(c) Nearby.

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(1) For the formulae in OAC 252:100-8-1.5(b)(2). A structure or terrain feature shall be

considered nearby if it is located within a distance of up to five times the lesser of the height or

the width of a structure, but not more than 0.5 miles (0.8 km).

(2) For demonstration in OAC 252:100-8-1.5(b)(3).

(A) A structure or terrain feature shall be considered nearby if located at a distance not

greater than 0.5 mile (0.8 km), except that

(B) A portion of a terrain feature may be considered nearby if:

(i) It falls within a distance (not to exceed 2 miles) of up to 10 times the maximum

height (Ht) of the feature, and

(ii) At a distance of 0.5 mile, the height of such feature is at least 40 percent of the GEP

stack height determined by the formulae provided in OAC 252:100-8-1.5(b)(2)(B) or

85.3 feet (26 meters), whichever is greater, as measured from the base of the stack.

(3) Measurement of height of structure or terrain. The height of the structure or terrain

feature is measured from the ground-level elevation at the base of the stack.

(d) Excessive concentrations. When utilized for the purpose of determining GEP stack height

under OAC 252:100-8-1.5(b)(3), excessive concentrations shall be as follows:

(1) Forsources seeking credit for stack height exceeding that calculated under OAC 252:100-8-

1.5(b)(2), a maximum ground-level pollutant concentration from a stack due in whole or part to

downwash, wakes, and eddy effects produced by nearby structures or nearby terrain features

which is at least 40 percent in excess of the maximum concentration experienced in the absence

of such downwash, wakes, or eddy effects and which, when combined with the impacts due to

all sources, produces a concentration in excess of an ambient air quality standard. For sources

subject to the prevention of significant deterioration program (Part 7 of this Subchapter or

Federal 40 CFR 52.21), the same criteria apply except that a concurrent exceedance of a

prevention of significant deterioration increment is experienced. In making demonstrations

under this part, the allowable emission rate shall conform to the new source performance

standard that is applicable to the source category unless the owner or operator can demonstrate

that this emission rate is infeasible. Where such demonstrations are approved by the Director,

an alternative emission rate shall be established in consultation with the owner or operator;

(2) Forsources seeking credit after October l, 1983, for increases in existing stack heights up to

the heights established under OAC 252:100-8-1.5(b)(2) either:

(A) a maximum ground-level concentration due in whole or part to downwash, wakes or

eddyeffects as specified in OAC 252:100-8-1.5(b)(2), except that the emission rate specified

by any applicable state implementation plan (or, in the absence of such a limit, the actual

emission rate) shall be used, or

(B) the actual presence of a local nuisance caused by the existing stack, as determined by

the Director; and

(3) For sources seeking credit after January 12, 1979 for a stack height determined under OAC

252:100-8-1.5(b)(2) where the Director requires the use of a field study or fluid model to verify

GEP stack height, for sources seeking stack height credit after November 9, 1984 based on the

aerodynamic influence of cooling towers, and for sources seeking stack height credit after

December 31, 1970 based on the aerodynamic influence of structures not adequatelyrepresented

by the formulae in OAC 252:100-8-1.5(b)(2), a maximum ground-level concentration due in

whole or part to downwash, wakes or eddy effects that is at least 40 percent in excess of the

maximum concentration experienced in the absence of such downwash, wakes or eddy effects.

PART 3. PERMIT APPLICATION FEES

252:100-8-1.7. Permit application fees

A permit application or a request for an applicability determination will be assessed a one-time

fee, which must accompany the application or request. Applications received without appropriate

fees are administratively incomplete. Fees must be paid by check or money order made payable to

the Department of Environmental Quality in accordance with the following fee schedule:

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(1) Applicability determination. $500, to be credited against the construction or operating

permit application fee, if a permit is required. If no permit is required, the fee will be retained

to cover the cost of making the determination.

(2) Construction permit application.

(A) New Part 70 source - $7500.

(B) Modification of a Part 70 source - $5000.

(C) Authorization under a general permit - $900.

(3) Operating permit application.

(A) Initial Part 70 permit - $7500.

(B) Authorization under a general permit - $900

(C) Renewal Part 70 permit - $7500.

(D) Significant modification of Part 70 permit - $6000.

(E) Minor modification of Part 70 permit - $3000.

(F) Part 70 Temporary Source Relocation - $500.

SUBCHAPTER 8. PERMITS FOR PART 70 SOURCES

PART 5. PERMITS FOR PART 70 SOURCES

252:100-8-2. Definitions

The following words and terms, when used in this Part, shall have the following meaning, unless

the context clearly indicates otherwise. Except as specifically provided in this Section, terms used

in this Part retain the meaning accorded them under the applicable requirements of the Act.

"Administratively complete" means an application that provides:

(A) All information required under OAC 252:100-8-5(c), (d), or (e);

(B) A landowner affidavit as required by OAC 252:4-7-13(b);

(C) The appropriate application fees as required by OAC 252:100-8-1.7; and

(D) Certification by the responsible official as required by OAC 252:100-8-5(f).

"Affected source" means the same as the meaning given to it in the regulations promulgated

under Title IV (acid rain) of the Act.

"Affected states" means:

(A) all states:

(i) That are one of the following contiguous states: Arkansas, Colorado, Kansas,

Missouri, New Mexico and Texas, and

(ii) That in the judgment of the DEQ may be directly affected by emissions from the

facility seeking the permit, permit modification, or permit renewal being proposed; or

(B) all states that are within 50 miles of the permitted source.

"Affected unit" means the same as the meaning given to it in the regulations promulgated under

Title IV (acid rain) of the Act.

"Applicable requirement" means all of the following as they apply to emissions units in a Part

70 source subject to this Chapter (including requirements that have been promulgated or approved

by EPA through rulemaking at the time of issuance but have future effective compliance dates):

(A) Any standard or other requirements provided for in the applicable implementation plan

approved or promulgated by EPA through rulemaking under Title I of the Act that

implements the relevant requirements of the Act, including any revisions to that plan

promulgated in 40 CFR Part 52;

(B) Any term or condition of any preconstruction permits issued pursuant to regulations

approved or promulgated through rulemaking under Title I, including parts C or D, of the

Act;

(C) Any standard or other requirement under section 111 of the Act, including section

111(d);

(D) Any standard or other requirement under section 112 of the Act, including any

requirement concerning accident prevention under section 112(r)(7) of the Act, but not

including the contents of any risk management plan required under 112(r) of the Act;

32
(E) Any standard or other requirement of the acid rain program under Title IV of the Act or

the regulations promulgated thereunder;

(F) Any requirements established pursuant to section 504(b) or section 114(a)(3) of the Act;

(G) Anystandard or other requirement governing solid waste incineration, under section 129

of the Act;

(H) Anystandard or other requirement for consumer and commercial products, under section

183(e) of the Act;

(I) Any standard or other requirement for tank vessels, under section 183(f) of the Act;

(J) Any standard or other requirement of the regulations promulgated to protect stratospheric

ozone under Title VI of the Act, unless the Administrator has determined that such

requirements need not be contained in a Title V permit; and

(K) Any national ambient air quality standard or increment or visibility requirement under

part C of Title I of the Act, but only as it would apply to temporary sources permitted

pursuant to section 504(e) of the Act.

"Begin actual construction" means for purposes of this Part, that the owner or operator has

begun the construction or installation of the emitting equipment on a pad or in the final location at

the facility.

"Designated representative" means with respect to affected units, a responsible person or

official authorized by the owner or operator of a unit to represent the owner or operator in matters

pertaining to the holding, transfer, or disposition of allowances allocated to a unit, and the

submission of and compliance with permits, permit applications, and compliance plans for the unit.

"Draft permit" means the version of a permit for which the DEQ offers public participation

under 27A O.S.§§ 2-14-101 through 2-14-401 and OAC 252:4-7 or affected State review under OAC

252:100-8-8.

"Emergency" means, when used in OAC 252:100-8-6(a)(3)(C)(iii)(I) and (e), any situation

arising from sudden and reasonably unforeseeable events beyond the control of the source, including

acts of God, which situation requires immediate corrective action to restore normal operation, and

that causes the source to exceed a technology-based emission limitation under the permit, due to

unavoidable increases in emissions attributable to the emergency. An emergency shall not include

noncompliance to the extent caused by improperly designed equipment, lack of preventive

maintenance, careless or improper operation, or operator error.

"Emissions allowable under the permit" means a federally enforceable permit term or

condition determined at issuance to be required by an applicable requirement that establishes an

emissions limit (including a work practice standard) or a federally enforceable emissions cap that

the source has assumed to avoid an applicable requirement to which the source would otherwise be

subject.

"Emissions unit" means any part or activity of a stationary source that emits or has the potential

to emit any regulated air pollutant or any pollutant listed under section 112(b) of the Act. Fugitive

emissions from valves, flanges, etc. associated with a specific unit process shall be identified with

that specific emission unit. This term is not meant to alter or affect the definition of the term "unit"

for purposes of Title IV of the Act.

"Final permit" means the version of a part 70 permit issued by the DEQ that has completed all

review procedures required by OAC 252:100-8-7 through 252:100-8-7.5 and OAC 252:100-8-8.

"Fugitive emissions" means those emissions of regulated air pollutants which could not

reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening.

"General permit" means a part 70 permit that meets the requirements of OAC 252:100-8-6.1.

"Insignificant activities" means individual emissions units that are either on the list approved

by the Administrator and contained in Appendix I, or whose actual calendar year emissions do not

exceed any of the limits in (A) and (B) of this definition. Any activity to which a State or federal

applicable requirement applies is not insignificant even if it meets the criteria below or is included

on the insignificant activities list.

(A) 5 tons per year (TPY) of any one criteria pollutant.

(B) 2 tons per year for any one hazardous air pollutant (HAP) or 5 tons per year for an

aggregate of two or more HAPs, or 20 percent of any threshold less than 10 tons per year for

single HAP that the EPA may establish by rule.

33
"MACT" means maximum achievable control technology.

"Major source"means anystationary source (or any group of stationarysources that are located

on one or more contiguous or adjacent properties and are under common control of the same person

(or persons under common control)) belonging to a single major industrial grouping and that is

described in subparagraph (A), (B), or (C) of this definition. For the purposes of defining "major

source," a stationary source or group of stationary sources shall be considered part of a single

industrial grouping if all of the pollutant emitting activities at such source or group of sources on

contiguous or adjacent properties belong to the same Major Group (i.e., all have the same two-digit

primary SIC code) as described in the Standard Industrial Classification Manual, 1987.

(A) A major source under section 112 of the Act, which is defined as:

(i) For pollutants other than radionuclides, any stationary source or group of stationary

sources located within a contiguous area and under common control that emits or has the

potential to emit, in the aggregate, 10 TPY or more of any hazardous air pollutant which

has been listed pursuant to section 112(b) of the Act, 25 TPY or more of any combination

of such hazardous air pollutants, or such lesser quantity as the Administrator may

establish by rule. Notwithstanding the preceding sentence, emissions from any oil or gas

exploration or production well (with its associated equipment) and emissions from any

pipeline compressor or pump station shall not be aggregated with emissions from other

similar units, whether or not such units are in a contiguous area or under common

control, to determine whether such units or stations are major sources; or.

(ii) For radionuclides, "major source" shall have the meaning specified by the

Administrator by rule.

(B) A major stationary source of air pollutants, as defined in section 302 of the Act, that

directly emits or has the potential to emit, 100 TPY or more of any air pollutant (except gross

particulate matter) subject to regulation (including any major source of fugitive emissions

of any such pollutant, as determined by rule by the Administrator). The fugitive emissions

of a stationary source shall not be considered in determining whether it is a major stationary

source for the purposes of section 302(j) of the Act, unless the source belongs to one of the

following categories of stationary sources:

(i) Coal cleaning plants (with thermal dryers);

(ii) Kraft pulp mills;

(iii) Portland cement plants;

(iv) Primary zinc smelters;

(v) Iron and steel mills;

(vi) Primary aluminum ore reduction plants;

(vii) Primary copper smelters;

(viii) Municipal incinerators capable of charging more than 250 tons of refuse per day;

(ix) Hydrofluoric, sulfuric, or nitric acid plants;

(x) Petroleum refineries;

(xi) Lime plants;

(xii) Phosphate rock processing plants;

(xiii) Coke oven batteries;

(xiv) Sulfur recovery plants;

(xv) Carbon black plants (furnace process);

(xvi) Primary lead smelters;

(xvii) Fuel conversion plants;

(xviii) Sintering plants;

(xix) Secondary metal production plants;

(xx) Chemical process plants (not including ethanol production facilities that produce

ethanol by natural fermentation included in NAICS codes 325193 or 312140);

(xxi) Fossil-fuel boilers (or combination thereof) totaling more than 250 million British

thermal units per hour heat input;

(xxii) Petroleum storage and transfer units with a total storage capacity exceeding

300,000 barrels;

(xxiii) Taconite ore processing plants;

34
(xxiv) Glass fiber processing plants;

(xxv) Charcoal production plants;

(xxvi) Fossil-fuel-fired steam electric plants of more than 250 million British thermal

units per hour heat input; or

(xxvii) All other stationary source categories which, as of August 7, 1980, are being

regulated by a standard promulgated under section 111 or 112 of the Act.

(C) A major stationary source as defined in part D of Title I of the Act, including:

(i) For ozone non-attainment areas, sources with the potential to emit 100 TPY or more

of volatile organic compounds or oxides of nitrogen in areas classified as "marginal" or

"moderate," 50 TPY or more in areas classified as "serious," 25 TPY or more in areas

classified as "severe," and 10 TPY or more in areas classified as "extreme"; except that

the references in this paragraph to 100, 50, 25, and 10 TPY of nitrogen oxides shall not

apply with respect to any source for which the Administrator has made a finding, under

section 182(f)(1) or (2) of the Act, that requirements under section 182(f) of the Act do

not apply;

(ii) For ozone transport regions established pursuant to section 184 of the Act, sources

with the potential to emit 50 TPY or more of volatile organic compounds;

(iii) For carbon monoxide non-attainment areas:

(I) that are classified as "serious"; and

(II) in which stationary sources contribute significantly to carbon monoxide levels

as determined under rules issued by the Administrator, sources with the potential to

emit 50 TPY or more of carbon monoxide; and

10

(iv) For particulate matter (PM ) non-attainment areas classified as "serious," sources

with the potential to emit 70 TPY or more of PM10.

"Maximum capacity"means the quantityof air contaminantsthat theoreticallycould be emitted

by a stationary source without control devices based on the design capacity or maximum production

capacity of the source and 8,760 hours of operation per year. In determining the maximum

theoretical emissions of VOCs for a source, the design capacity or maximum production capacity

shall include the use of raw materials, coatings and inks with the highest VOC content used in

practice by the source.

"Permit"means (unless the context suggests otherwise) anypermit or group of permits covering

a Part 70 source that is issued, renewed, amended, or revised pursuant to this Chapter.

"Permit modification"means a revision to a Part 70 construction or operating permit that meets

the requirements of OAC 252:100-8-7.2(b).

"Permit program costs" means all reasonable (direct and indirect) costs required to develop

and administer a permit program, as set forth in OAC 252:100-5-2.2 (whether such costs are incurred

by the DEQ or other State or local agencies that do not issue permits directly, but that support permit

issuance or administration).

"Permit revision" means any permit modification or administrative permit amendment.

"Potential to emit" means the maximum capacity of a stationary source to emit any air pollutant

under its physical and operational design. Any physical or operational limitation on the capacity of

a source to emit an air pollutant, including air pollution control equipment and restrictions on hours

of operation or on the type or amount of material combusted, stored, or processed, shall be treated

as part of its design if the limitation is enforceable by the Administrator. This term does not alter

or affect the use of this term for any other purposes under the Act, or the term "capacity factor" as

used in Title IV of the Act or the regulations promulgated thereunder.

"Proposed permit" means the version of a permit that the DEQ proposes to issue and forwards

to the Administrator for review in compliance with OAC 252:100-8-8.

"Regulated air pollutant" means the following:

(A) Nitrogen oxides or any volatile organic compound (VOC), including those substances

defined in OAC 252:100-1-3, 252:100-37-2, and 252:100-39-2, except those specifically

excluded in the EPA definition of VOC in 40 CFR 51.100(s);

(B) Any pollutant for which a national ambient air quality standard has been promulgated;

(C) Any pollutant that is subject to any standard promulgated under section 111 of the Act;

35
(D) Any Class I or II ozone-depleting substance subject to a standard promulgated under or

established by Title VI of the Act;

(E) Any pollutant subject to a standard promulgated under section 112 or other requirements

established under section 112 of the Act (Hazardous Air Pollutants), including sections

112(g) (Modifications), (j) (Equivalent Emission Limitation by Permit, and (r) (Prevention

of Accidental Releases), including the following:

(i) any pollutant subject to the requirements under section 112(j) of the Act. If the

Administrator fails to promulgate a standard by the date established pursuant to section

112(e) of the Act (Schedule for Standards and Review), any pollutant for which a subject

source would be major shall be considered to be regulated as to that source on the date

18 months after the applicable date established pursuant to section 112(e) of the Act; and,

(ii) any pollutant for which the requirements of section 112(g)(2) of the Act have been

met, but only with respect to the individual source subject to the section 112(g)(2)

requirement; or

(F) Any other substance for which an air emission limitation or equipment standard is set

by an existing permit or regulation.

"Renewal" means the process by which a permit is reissued at the end of its term.

"Section 502(b)(10) changes" means changes that contravene an express permit term. Such

changes do not include changes that would violate applicable requirements or contravene federally

enforceable permit terms and conditions that aremonitoring (including testmethods),recordkeeping,

reporting, or compliance certification requirements.

"Small unit" means a fossil fuel fired combustion device which serves a generator with a name

plate capacity of 25 MWe or less.

"State-only requirement"means anystandard or requirement pursuant to Oklahoma Clean Air

Act (27A O.S.§§ 2-5-101 through 2-5-118, as amended) that is not contained in the State

Implementation Plan (SIP).

"State program" means a program approved by the Administrator under 40 CFR Part 70.

"Stationary source" means any building, structure, facility, or installation that emits or may

emit any regulated air pollutant or any pollutant listed under section 112(b) of the Act as it existed

on January 2, 2006.

"Subject to regulation" means, for any air pollutant, that the pollutant is subject to either a

provision in the federal Clean Air Act, or a nationally-applicable regulation codified by the EPA

Administrator in subchapter C of Chapter I of 40 CFR, that requires actual control of the quantity

of emissions of that pollutant, and that such a control requirement has taken effect and is operative

to control, limit, or restrict the quantity of emissions of that pollutant released from the regulated

activity. Except that:

(A) Greenhouse gases (GHG) shall not be subject to regulation unless, as of July 1, 2011,

the GHG emissions are at a stationary source emitting or having the potential to emit 100,000

TPY CO2 equivalent emissions 2(CO e) and are otherwise subject to regulation as previously

described in this definition.

2 2

(B) The term TPY CO equivalent emissions (CO e) shall represent an amount of GHG

emitted, and shall be computed bymultiplying the mass amount of emissions (TPY), for each

of the six greenhouse gases in the pollutant GHG, by the gas' associated global warming

potential (GWP) published in Table A-1 to subpart A of 40 CFR Part 98 – Global Warming

Potentials, and summing the re 2sultant value for each to compute a TPY CO e.

(C) If federal legislation or a federal court stays, invalidates, delays the effective date, or

otherwise renders unenforceable by the EPA, in whole or in part, the EPA's tailoring rule (75

FR 31514, June 3, 2010), endangerment finding (74 FR 66496, December 15, 2009), or lightduty vehicle greenhouse gas emission standard (75 FR 25686, May 7, 2010), this definition

shall be enforceable only to the extent that it is enforceable by the EPA.

"Trivial activities" means any individual or combination of air emissions units that are

considered inconsequential and are on a list approved by the Administrator and contained in

Appendix J.

"Unit" means, for purposes of Title IV, a fossil fuel-fired combustion device.

36
252:100-8-3. Applicability

(a) Covered sources. Except as exempted from the requirement to obtain a permit under subsection

(b) of this Section or elsewhere in this Subchapter, the sources listed below are subject to the

permitting requirements under this Subchapter. A major source or major stationary source shall

remain a Part 70 source until a federally enforceable permit is obtained which contains emission

limitations and/or conditions to limit the operation of the facility to below that which would define

it as a covered source pursuant to this section.

(1) Any major source (as defined in OAC 252:100-8-2);

(2) Any source subject to a NSPS;

(3) Any source, including an area source, subject to a NESHAP;

(4) Any affected source (as defined in OAC 252:100-8-2);

(5) Any source in a source category designated by the Administrator pursuant to 40 CFR §70.3;

and

(6) Any major stationary source required to have a permit under Parts 7 or 9 of this Subchapter.

(b) Source category exemptions.

(1) All sources listed in subsection (a) of this section that are not major sources, major stationary

sources, affected sources, or solid waste incineration units required to obtain a permit pursuant

to section 129(e) of the Act, are exempt from the obligation to obtain a Part 70 permit unless

required to do so by appropriate implementation of EPA administrative rulemaking for nonmajor sources. Any such exempt source may opt to apply for a permit under these rules and shall

be issued a permit if the applicant otherwise satisfies all of the requirements of this Chapter.

(2) If the Administrator determines after appropriate rulemaking that an exemption is applicable

to non-major sourceswhen adopting standards or other requirements under section 111 or section

112 of the Act after July 21, 1992, then at that time the exemption will apply.

(3) Unless otherwise required to obtain a Part 70 permit, the following source categories are

exempted from the obligation to obtain a Part 70 permit:

(A) All sources in source categories that would be required to obtain a permit solely

because they are subject to part 60, subpart AAA -- Standards of Performance for New

Residential Wood Heaters; and

(B) All sources in source categories that would be required to obtain a permit solely

because they are subject to part 61, subpart M -- National Emission Standard for Hazardous

Air Pollutants for Asbestos, Section 61.145, Standard for Demolition and Renovation.

252:100-8-4. Requirements for construction and operating permits

(a) Construction permits.

(1) Construction permit required. No person shall begin actual construction or installation

of any new source that will require a Part 70 operating permit without first obtaining a DEQissued air quality construction permit. A construction permit is also required prior to

reconstruction of a major affected source under 40 CFR Part 63, reconstruction of a major source

if it would then become a major affected source under 40 CFR 63, or for any physical change

that would be a significant modification under OAC 252:100-8-7.2(b)(2). In addition to the

requirements of this Part, sources subject to Part 7 or Part 9 of this Subchapter must also meet

the applicable requirements contained therein.

(2) Requirement for case-by-case MACT determinations.

(A) Applicability. The requirement for case-by-case MACT determinations applyto any

owner or operator who constructs or reconstructs a major source of hazardous air pollutants

after June 29, 1998, unless the source has been specifically regulated or exempted from

regulation under a subpart of 40 CFR Part 63, or the owner or operator has received all

necessary air quality permits for such construction or reconstruction before June 29, 1998.

(B) Exclusions. The following sources are not subject to this subsection.

(i) Electric utility steam generating units unless and until these units are added to the

source category list.

(ii) Stationary sources that are within a source category that has been deleted from the

source category list.

(iii) Research and development activities as defined in 40 CFR § 63.41.

37
(C) MACT determinations. If subject to this subsection, an owner or operator may not

begin actual construction or reconstruction of a major source of HAP until obtaining from

the DEQ an approved MACT determination in accordance with the following regulations: 

40 CFR 63.41, 40 CFR 63.43 and 40 CFR 63.44, which are hereby incorporated by reference

as they exist on July 1, 2000.

(b) Operating permits.

(1) Operating permits required. Except as provided in subparagraphs (A) and (B) of this

section, no Part 70 source subject to this Chapter may operate after the time that it is required to

file a timely application with the DEQ, except in compliance with a DEQ-issued permit.

(A) If the owner or operator of a source subject to the requirement to obtain a Part 70

permit submits a timely application for Part 70 permit issuance or renewal, that source's

failure to have a Part 70 permit shall not be a violation of the requirement to have such a

permit until the DEQ takes final action on the application. This protection shall cease to

apply if the applicant fails to submit, by the deadline specified in writing by the DEQ or

OAC 252:100-8-4, any additional information identified as being reasonably required to

process the application.

(B) If the owner or operator of a source subject to this Subchapter files a timely

application that the DEQ determines to be administratively incomplete due to the applicant's

failure to timely provide additional information requested by the DEQ, the applicant loses

the protection granted under paragraph (A) of this Section. The source's failure to have a

Part 70 permit shall be deemed a violation of this Subchapter.

(C) Filing an operating permit application shall not affect the requirement, if any, that a

source have a construction permit.

(2) Duty to apply. For each Part 70 source, the owner or operator shall submit a timely and

complete permit application on forms supplied by the DEQ in accordance with this section.

(3) Timely application. Sources that are subject to the operating permit program established

by this Chapter as of March 6, 1996, shall file applications on the following schedules outlined

in OAC 252:100-8-4(b)(4). A timely application is one that is postmarked on or before the

relevant date listed below. In the event a major source consists of operations under multiple SIC

codes, the primary activity shall form the basis for the initial permit application.

(4) Application submittal schedule. The following sources are subject to the operating permit

program and shall submit initial permit applications according to the following schedule.

(A) No later than September 5, 1996:

(i) Affected sources under the acid rain provisions of the Act shall submit a permit

application for at least the affected units at the site. Regardless of the effective date of

the program and the requirement to file an application defined in this section,

applications for initial Phase II acid rain permits shall be submitted to the DEQ no later

than January 1, 1996, for sulfur dioxide, and by January 1, 1998, for nitrogen oxides,

pursuant to the Act, §407.

(ii) Any owner or operator shall submit no less than one-third of their total applications

for Part 70 sources located at sources classified by the following Source Standard

Industrial Classification Codes and which belong to a single major industrial grouping

other than 28 (Chemicals and allied products) or 29 (Petroleum refining and related

industries):

(I) Petroleum and Natural Gas, 1311;

(II) Natural Gas Liquids, 1321;

(III) Electric Services, 4911, 4961;

(IV) Natural Gas Transmission, 4922;

(V) Natural Gas Transmission and Distribution, 4923; and

(VI) Petroleum Bulk Stations and Terminals, 5171.

(B) All remaining Part 70 sources identified in (b)(4)(A)(ii) of this Subsection shall be

subject to the operating permit program and shall submit initial permit applications no later

than March 5, 1997.

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(C) No later than March 5, 1997, any owner or operator shall submit their applications

for Part 70 sources located at sources classified by the following Standard Industrial

Classification Codes:

(i) Metals, 3312, 3315, 3321, 3341, 3351, 3411, 3412, 3432, 3466,

(ii) Brick Plants, 3251, 3297,

(iii) Commercial Printing, 2752, 2761.

(D) No later than July 5, 1998, any owner or operator shall submit their applications for

Part 70 sources located at sources classified by the following Standard Industrial

Classification Codes:

(i) Refineries, 2911;

(ii) Cement Plants, 3241;

(iii) Chemical/Carbon, 2819, 2821, 2851, 2861, 2869, 2891, 2895, 2899, 2999, 3053,

3086, 3089;

(iv) Petroleum Transportation/Terminals/Storage, 4612, 4613;

(v) Food Products, 2013, 2074, 2095.

(E) All remaining Part 70 sources shall be subject to the operating permit program and

shall submit initial permit applications no later than March 6, 1999.

(5) Newly regulated sources. A source that becomes subject to the operating permit program

established by this Chapter at any time following the effective date shall file an administratively

complete operating permit application within 180 days of commencement of operation.

(6) Application acceptability. Notwithstanding the deadlines established in paragraph (4) of

this subsection, an application filed prior to the above deadlines following submission of the

state program to EPA for approval shall be accepted for processing.

(7) 112(g) applications. A source that is required to meet the requirements under section 112(g)

of the Act, or to have a permit under a preconstruction review program under Title I of such Act,

shall file an application to obtain an operating permit or permit amendment or modification

within twelve months of commencing operation. Where an existing Part 70 operating permit

would prohibit such construction or change in operation, the source must obtain a construction

permit before commencing construction.

(8) Application for renewal. Sources subject to this Chapter shall file an application for

renewal of an operating permit at least 180 days before the date of permit expiration, unless a

longer period (not to exceed 540 days) is specified in the permit. Renewal periods greater than

180 days are subject to negotiation on a case-by-case basis. 

(9) Phase II acid rain permits. Sources required to submit applications under the Acid Rain

Program shall submit these applications as required by 40 CFR 72.30(b)(2)(i) through (viii).

(10) Application completeness. See Environmental Permit Process, OAC 252:4-7-7 and the

definition of "administratively complete" in OAC 252:100-8-2.

252:100-8-5. Permit applications

(a) Confidential information. If a source submits information to the DEQ under a claim of

confidentiality, the source shall also submit a copy of such information directly to the Administrator,

if the DEQ requests that the source do so.

(b) Duty to supplement or correct application. Any applicant who fails to submit any relevant

facts or who has submitted incorrect information in a permit application shall, upon becoming aware

of such failure or incorrect submittal, submit such supplementary facts or corrected information

within 30 days unless the applicant's request for more time has been approved by the DEQ. In

addition, an applicant shall provide additional information as necessary to address any requirements

that become applicable to the source after the date it filed a complete application but prior to release

of a draft permit.

(c) Standard application form and required information. Sources that are subject to the Part 70

permit program established by this Chapter shall file applications on the standard application form

that the DEQ makes available for that purpose. The application must include information needed

to determine the applicabilityof anyapplicable requirement, or state-onlyrequirement, or to evaluate

the fee amount required under the schedule approved pursuant to OAC 252:100-5-2.2(b)(2). The

applicant shall submit the information called for by the application form for each emissions unit at

39
the source to be permitted. The source must provide a list of any insignificant activities that are

exempted because of size or production rate. Trivial activities need not be listed. The standard

application form and anyattachments shall require that the information required byOAC 252:100-8-

5(d) and/or (e) be provided.

(d) Construction permit applications.

(1) An application for a construction permit shall provide data and information required by this

Chapter and/or requested on the application form available from the DEQ pursuant to the

requirements of this Chapter. Such data and information shall include but not be limited to site

information, process description, emission data and when required, BACT, modeling and

sampling point data as follows:

(A) BACT determination. To be approved for a construction permit, a major source

must demonstrate that the control technology to be applied is the best that is available for

each pollutant that would cause the source to be defined as a major source. This

determination will be made on a case-by-case basis taking into account energy,

environmental, and economic impacts and other costs of alternative control systems. Unless

required under Part 7 of this Subchapter, a BACT determination is not required for a

modification that will result in an increase of emissions of less than 100 tons per year of any

regulated air pollutant.

(B) Modeling. Any air quality modeling or ambient impact evaluation that is required

shall be prepared in accordance with procedures acceptable to the DEQ and accomplished

by the applicant.

(C) Sampling points. If required by the DEQ an application shall show how the new

sourcewill be equipped with sampling ports, instrumentation to monitor and record emission

data and other sampling and/or testing equipment.

(2) Construction permit applications for new sources must also include the requirements for

operating permits contained in OAC 252:100-8-5(e) to the extent they are applicable.

(e) Operating permit applications.

(1) Identifying information, including company name and address (or plant name and address

if different from the company name), owner's name and agent, and telephone number and names

of plant site manager/contact.

(2) A description of the source's processes and products (by two-digit Standard Industrial

Classification Code) including any associated with each alternate scenario identified by the

source.

(3) The following emissions-related information:

(A) All emissions of pollutants for which the source is major, and all emissions

(including fugitive emissions) of regulated air pollutants. Fugitive emissions shall be

included in the permit application and the permit in the same manner as stack emissions,

regardless of whether the source category in question is included in the list of sources

contained in the definition of major source. The permit application shall describe all

emissions of regulated air pollutants emitted from any emissions unit, except where such

units are exempted under OAC 252:100-8-5(c) or OAC 252:100-8-3(b).

(B) Identification and description of all points of emissions described in OAC 252:100-8-

5(e)(3)(A) in sufficient detail to establish the basis for fees and applicability of the Act's

requirements.

(C) Emissions rates in tons per year and in such terms as are necessary to establish

compliance consistent with the applicable standard.

(D) The following information to the extent it is needed to determine or regulate

emissions:

(i) fuels,

(ii) fuel use,

(iii) raw materials,

(iv) production rates, and

(v) operating schedules.

(E) Identification and description of air pollution control equipment and compliance

monitoring devices or activities.

40
(F) Limitations on source operation affecting emissions or any work practice standards,

where applicable, for all regulated pollutants at the covered source.

(G) Other information required by any applicable requirement, or state-only requirement

(including information related to stack height limitations developed pursuant to section 123

of the Act).

(H) Calculations on which the information in items (A) through (G) of this paragraph is

based.

(4) The following air pollution control requirements:

(A) Citation and description of all applicable requirements and all state-only

requirements.

(B) Description of or reference to any applicable test method for determining compliance

with each applicable requirement and state-only requirement.

(5) Other specific information required under the DEQ's rules and statutes to implement and

enforce other applicable requirements of the Act or of this Chapter or to determine the

applicability of such requirements.

(6) An explanation of any proposed exemptions from otherwise applicable requirements and

state-only requirements.

(7) Additional information as determined to be necessary by the DEQ to define alternative

operating scenarios identified by the source pursuant to OAC 252:100-8-6(a)(9) or to define

permit terms and conditions implementing OAC 252:100-8-6(f) or 252:100-8-6(a)(10).

(8) A compliance plan for all covered sources that contains all the following:

(A) A description of the compliance status of the source with respect to all applicable

requirements and state-only requirements as follows:

(i) For applicable requirements and state-only requirements with which the source is in

compliance, a statement that the source will continue to comply with such requirements.

(ii) For applicable requirements and state-only requirements that will become effective

during the permit term, a statement that the source will meet such requirements on a

timely basis shall satisfy this provision, unless a more detailed schedule is expressly

required by the applicable requirement.

(iii) For requirements for which the source is not in compliance at the time of permit

issuance, a narrative description of how the source will achieve compliance with such

requirements.

(B) For sources not in complete compliance, a compliance schedule as follows:

(i) A schedule of compliance for sources that are not in compliance with all applicable

requirements and state-only requirements at the time of permit issuance. Such a schedule

shall include a schedule of remedial measures, including an enforceable sequence of

actions with milestones, leading to compliance with any applicable requirements and

state-only requirements for which the source will be in noncompliance at the time of

permit issuance. This compliance schedule shall resemble and be equivalent in

stringency to that contained in any judicial consent decree or administrative order to

which the source is subject. Any such schedule of compliance shall be supplemental to,

and shall not sanction non-compliance with, the applicable requirements on which it is

based.

(ii) A schedule for submission of certified progress reports no less frequently than every

6 months.

(C) The compliance plan content requirements specified in this paragraph shall applyand

be included in the acid rain portion of a compliance plan for an affected source, except as

specifically superseded by regulations promulgated under Title IV of the Act with regard to

the schedule and method(s) the source will use to achieve compliance with the acid rain

emissions limitations.

(9) Requirements for compliance certification, including the following:

(A) A certification of compliance with all applicable requirements and state-only

requirements by a responsible official consistent with OAC 252:100-8-5(f) and section

114(a)(3) of the Act;

(B) A statement of methods used for determining compliance, including a description of

monitoring, recordkeeping, and reporting requirements and test methods;

41
(C) A schedule forsubmission of compliance certifications during the permit term, which

shall be submitted annually, or more frequently if required by an underlying applicable

requirement state-only requirements or by the permitting authority; and

(D) A statement indicating the source's compliance status with any applicable enhanced

monitoring and compliance certification requirements of the Act.

(10) The use of nationally-standardized forms for acid rain portions of permit applications and

compliance plans, as required by regulations promulgated under Title IV of the Act.

(f) Certification. Any application form, report, or compliance certification submitted pursuant to

this Chapter shall contain certification bya responsible official of truth, accuracy, and completeness. 

This certification and any other certification required under this Chapter shall be signed by a

responsible official and shall contain the following language: "I certify, based on information and

belief formed after reasonable inquiry, the statements and information in the document are true,

accurate, and complete."

252:100-8-6. Permit content

(a) Standard permit requirements. Part 70 permits issued under this Chapter shall include all

applicable requirements and state-only requirements (as defined in OAC 252:100-8-2) that apply to

the permitted source at the time of issuance. Each permit shall include the elements in paragraphs

(1) through (4) of subsection (a) of this Section.

(1) Emission limitations and standards. The permit shall specify emissions limitations and

standards that constitute applicable requirements and state-only requirements and shall include

those operational conditions and limitations necessary to assure compliance with all such

requirements.

(A) The permit shall specify and reference the origin of and authority for each term or

condition, and identify any difference in form as compared to the applicable requirement or

state-only requirement upon which the term or condition is based.

(B) The permit shall state that, where an applicable requirement of the Act is more

stringent than an applicable requirement of regulations promulgated under Title IV of the

Act, both provisions shall be incorporated into the permit and shall be enforceable by EPA.

(C) If the State implementation plan or an applicable requirement allows a source to

comply through an alternative emission limit or means of compliance, a source may request

that such an alternative limit or means of compliance be specified in its permit. Such an

alternative emission limit or means of compliance shall be included in a source's permit upon

a showing that it is quantifiable, accountable, enforceable, and based on replicable

procedures. The source shall propose permit terms and conditions to satisfy these

requirements in its application.

(2) Permit duration.

(A) Operating permits. The permit shall specify a fixed term. The DEQ shall issue

permits for any fixed period requested in the permit application, not to exceed five years,

except as follows:

(i) Permits issued to affected sources shall in all cases have a fixed term of five years.

(ii) Permits issued to solid waste incineration units combusting municipal waste subject

to standards under section 129(e) of the Act shall have a term not to exceed 12 years. 

Such permits shall be reviewed every five years.

(B) Construction permits. See OAC 252:100-8-1.4.

(3) Monitoring and related recordkeeping and reporting requirements.

(A) Monitoring requirements.

(i) The permit shall specify all emissions monitoring and analysis procedures or test

methods required under applicable requirements and state-only requirements, including

any procedures and methods promulgated pursuant to sections 114(a)(3) or 504(b) of the

Act.

(ii) The permit shall specify periodic monitoring during the relevant time period

sufficient to yield reliable data that are representative of the source's compliance with the

permit, as reported pursuant to (a)(3)(C) of this section when an applicable requirement

or state-only requirement does not require periodic testing or instrumental or non42
instrumental monitoring (which may consist of recordkeeping designed to serve as

monitoring). Such monitoring requirements shall assure use of terms, test methods,

units, averaging periods, and other statistical conventions consistent with the applicable

requirement or state-only requirement. Recordkeeping provisions may be sufficient to

meet the requirements of this subparagraph.

(iii) The permit shall specify as necessary, requirements concerning the use,

maintenance, and, where appropriate, installation of monitoring equipment or methods.

(iv) The permit shall contain provisions for the permittee to request the use of

alternative test methods or analysis procedures, and provisions for the DEQ to approve

or disapprove the request within 60 days.

(B) Recordkeeping requirements. The permit shall incorporate all applicable

recordkeeping requirements.

(i) When applicable the permit shall require records of required monitoring information

that include:

(I) the date, place as defined in the permit, and time of sampling or measurements;

(II) the date(s) analyses were performed;

(III) the company or entity that performed the analyses;

(IV) the analytical techniques or methods used;

(V) the results of such analyses; and

(VI) the operating conditions existing at the time of sampling or measurement.

(ii) When applicable, the permit shall require retention of records of all required

monitoring data and support information for a period of at least five years from the date

of the monitoring sample, measurement, report, or application. Support information

includes all calibration and maintenance records and all original stripchart recordings for

continuous monitoring instrumentation, and copies of all reports required by the permit. 

Where appropriate, the permit may specify that records may be maintained in

computerized form.

(C) Reporting requirements. The permit shall incorporate all applicable reporting

requirements and contain the following requirements.

(i) A permit issued under this Part shall require the permittee to submit a report of any

required monitoring at least every six months. To the extent possible, the schedule for

submission of such reports shall be timed to coincide with other periodic reports required

by the permit, including the permittee's annual compliance certification. However, the

reports may be submitted at any time within the reporting period, as stipulated in the

permit.

(ii) Each report submitted under (C)(I) of this paragraph shall identify any exceedances

from permit requirements since the previous report that have been monitored by the

monitoring systems required under the permit, and anyexceedances from the monitoring,

recordkeeping and reporting requirements under the permit.

(iii) In addition to semiannual monitoring reports, each permittee shall be required to

submit the following supplemental reports.

(I) Any exceedance resulting from an emergency as defined in OAC 252:100-8-2 or

upset conditions as defined in the permit shall be reported promptly but no later than

4:30 p.m. on the next working day after the permittee first becomes aware of the

exceedance. The initial report must contain a description of the emergency or upset

conditions, any steps taken to mitigate emissions, and corrective actions taken. 

Quantification of exceedances attributable to emergencies or upset conditions shall

be made by the best available method. If the permittee wishes to assert the

affirmative defense authorized under subsection (e) of this Section for emergencies,

the permittee shall submit a followup written report within 10 working days of first

becoming aware of the exceedance.

(II) Any exceedance that poses an imminent and substantial danger to public

health, safety, or the environment shall be reported as soon as is practicable; but

under no circumstance shall notification be more than 24 hours after exceedance.

43
(III) Any other exceedances that are identified in the permit as requiring more

frequent reporting than the permittee's semiannual report shall be reported on the

schedule specified in the permit.

(IV) All reports of exceedances shall identify the probable cause of the exceedances

and any corrective actions or preventive measures taken.

(iv) Every report submitted under this subsection shall be certified by a responsible

official, except that if a report of an exceedance required under (C)(iii) of this paragraph

must be submitted within ten days of the exceedance, the report may be submitted in the

first instance without a certification if an appropriate certification is provided within ten

days thereafter, together with any corrected or supplemental information required

concerning the exceedance. Reports submitted shall be consistent with the requirements

of OAC 252:100-9.

(4) Risk management plans. If the source is required to develop and register a risk

management plan pursuant to section 112(r) of the Act, the permit need only specify that the

permittee will comply with the requirement to register such a plan. Although the requirement

to have a risk management plan may be a term of the permit, the risk management plan contents

are not part of the permit.

(5) Title IV allowances.

(A) No permit revision shall be required for increases in emissions that are authorized by

allowances acquired pursuant to the acid rain program, provided that such increases do not

require a permit revision under any other applicable requirement.

(B) No limit shall be placed on the number of allowances held by the source. The source

may not, however, use allowances as a defense to noncompliance with any other applicable

requirement.

(C) The permit shall prohibit emissions exceeding any allowance that the source lawfully

holds under Title IV of the Act or the regulations promulgated thereunder. Compliance with

this paragraph will be determined on January 31st of any given year and be based on actual

emissions and the number of allowances held for the previous calendar year.

(6) Severability clause. The permit shall include a severability clause to ensure the continued

validity of the various permit requirements in the event of a challenge to any portions of the

permit.

(7) General requirements. The permit shall include the following provisions.

(A) The permittee must comply with all conditions of the permit. Any permit

noncompliance constitutes a violation of the Oklahoma Clean Air Act and is grounds for:

(i) enforcement action;

(ii) permit termination, revocation and reissuance, or modification; or

(iii) denial of a permit renewal application.

(B) It shall not be a defense for a permittee in an enforcement action that it would have

been necessary to halt or reduce the permitted activity in order to maintain compliance with

the conditions of this permit. However, nothing in this subsection shall be construed as

precluding consideration of a need to halt or reduce activity as a mitigating factor in

assessing penalties for noncompliance if the health, safety, or environmental impacts of

halting or reducing operations would be more serious than the impacts of continuing

operations.

(C) The permit may be modified, revoked, reopened, and reissued, or terminated for

cause. Except as provided under OAC 252:100-8-7.2(b)(1) for minor permit modifications,

the filing of a request by the permittee for a permit modification, revocation and reissuance,

or termination, or of a notification of planned changes or anticipated noncompliance does not

stay any permit condition.

(D) The permit does not conveyany property rights of any sort or any exclusive privilege.

(E) The permittee shall furnish to the DEQ, upon receipt of a written request and within

a reasonable time, any information that the DEQ may request to determine whether cause

exists for modifying, reopening, or revoking and reissuing or terminating the permit or to

determine compliance with the permit. Upon request, the permittee shall also furnish to the

DEQ copies of records required to be kept by the permit. The permittee may make a claim

44
of confidentiality pursuant to 27A O.S. § 2-5-105.18 for any information or records

submitted under this paragraph.

(8) Fees. The permit shall provide that the permittee will pay fees to the DEQ consistent with

the fee schedule established under OAC 252:100-5-2.2.

(9) Emissions trading. The permit shall provide that no permit revision shall be required under

any approved economic incentives, marketable permits, emissions trading and other similar

programs or processes for changes that are provided for in the permit.

(10) Operating scenarios. The permit shall include terms and conditions applicable to all

operating scenarios described in the permit application and eligible for approval under applicable

requirements and state-only requirements. The permit shall authorize the permittee to make

changes among operating scenarios authorized in the permit without notice, but shall require the

permittee contemporaneously with making a change from one operating scenario to another to

record in a log at the permitted facility the scenario under which it is operating.

(11) Emissions averaging. The permit shall include terms and conditions, if the permit

applicant requests them, for the trading or averaging of emissions increases and decreases in the

permitted facility, to the extent that the applicable requirements provide for trading or averaging

such increases and decreases. Such terms and conditions shall include terms under subsections

(a) and (c) of this Section to determine compliance and shall satisfy all requirements of the

applicable requirements authorizing such trading or averaging.

(b) Federally enforceable requirements.

(1) Except as provided in paragraph (b)(2) of this Section, all terms and conditions in a permit

issued under this Section, including any provisions designed to limit a source's potential to emit,

are enforceable by the DEQ, by EPA, and by citizens under section 304 of the Act.

(2) Notwithstanding paragraph (b)(1) of this Section, the DEQ shall designate as not being

federally enforceable under the Act any terms and conditions included in the permit that are not

required under the Act or any of its applicable requirements, and such terms and conditions shall

not be enforceable by EPA and citizens under section 304 of the Act.

(c) Compliance requirements. All permits issued under this Part shall contain the following

elements with respect to compliance.

(1) Consistent with paragraph (a)(3) of this Section, the permit shall contain compliance

certification, testing, monitoring, reporting, and recordkeeping requirements sufficient to assure

compliance with the terms and conditions of the permit. Any document (including reports)

required by a permit under this Part shall contain a certification by a responsible official as to the

results of the required monitoring.

(2) The permit shall contain inspection and entry requirements that require that, upon

presentation of credentials and other documents as may be required by law, the permittee shall

allow authorized officials of the DEQ to:

(A) enter upon the permittee's premises during reasonable/normal working hours where

a source is located or emissions-related activity is conducted, or where records must be kept

under the conditions of the permit;

(B) have access to and copy, at reasonable times, any records that must be kept under the

conditions of the permit;

(C) inspect at reasonable times and using reasonable safety practices any facilities,

equipment (including monitoring and air pollution control equipment), practices, or

operations regulated or required under the permit; and

(D) as authorized by the Oklahoma Clean Air Act, sample or monitor at reasonable times

substances or parameters for the purpose of assuring compliance with the permit.

(3) The permit shall contain a schedule of compliance if required under OAC 252:100-8-

5(e)(8)(B).

(4) To the extent required under an applicable schedule of compliance and OAC 252:100-8-

5(e)(8), the permit shall contain the requirement for progress reports to be submitted

semiannually or more frequently if specified in the applicable requirement or by the DEQ. Such

progress reports shall contain:

(A) dates for achieving the activities, milestones, or compliance required in the schedule

of compliance, and dates when such activities, milestones or compliance were achieved; and

45
(B) an explanation of why any dates in the schedule of compliance were not or will not

be met, and any preventive or corrective measures adopted.

(5) The permit shall contain requirements for compliance certification with terms and conditions

contained in the permit that are federally enforceable, including emission limitations, standards,

or work practices. Each permit shallcontain all of the following specifications and requirements.

(A) Each permit shall specifythe frequency(which shall be annuallyunless the applicable

requirement or state-only requirement specifies submission more frequently) of submissions

of compliance certifications.

(B) Each permitshall specifyin accordance with paragraph (a)(3) of this Section, a means

for monitoring the compliance of the source with emissions limitations, standards, and work

practices.

(C) Each permit shall include a requirement that the compliance certification include:

(i) the identification of each term or condition of the permit that is the basis of the

certification;

(ii) the permittee's current compliance status, as shown by monitoring data and other

information available to the permittee;

(iii) whether compliance was continuous or intermittent;

(iv) the method(s) used for determining the compliance status of the source, currently

and over the reporting period as required by paragraph (a)(3) of this Section; and

(v) such other facts as the DEQ may require to determine the compliance status of the

source.

(D) Each permit shall contain a requirement that all compliance certifications be

submitted to EPA as well as to the DEQ.

(E) Each permit shall contain such additional requirements as may be specified pursuant

to sections 114(a)(3) and 504(b) of the Act.

(6) Each permit shall contain such other provisions as the DEQ may require.

(d) Permit shield.

(1) Each operating permit issued under this Part shall include a "permit shield" provision, which

shall state that compliance with the terms and conditions of the permit (including terms and

conditions established for alternate operating scenarios, emissions trading, and emissions

averaging, but excluding terms and conditions for which the permit shield is expresslyprohibited

under this Subchapter) shall be deemed compliance with the applicable requirements identified

and included in the permit.

(2) Upon request, the DEQ shall include in the permit or in a separate written finding issued with

the permit a determination identifying specific requirements that do not apply to the source. The

source shall specify in its application for such a determination the requirements for which the

determination is requested. If the determination is issued in a separate finding, that finding shall

be summarized in the permit. The permit shall state that the permit shield applies to any

requirements so identified. A request for a determination to extend the shield to requirements

deemed inapplicable to the source may be made either in the original permit application or in a

subsequent application for a permit modification.

(3) A Part 70 permit that does not expressly state that a permit shield exists shall be presumed

not to provide such a shield.

(4) Nothing in this Section or in the permit shall alter or affect:

(A) the provisions of section 303 of the Act, including the authority of the Administrator

under that section;

(B) the liability of an owner or operator of a source for any violation of applicable

requirements or state-only requirements prior to or at the time of permit issuance;

(C) the applicable requirements of the acid rain program, consistent with section 408(a)

of the Act; or

(D) the ability of EPA to obtain information from a source pursuant to section 114 of the

Act.

(e) Emergencies.

46
(1) An emergency constitutes an affirmative defense to an action brought for noncompliance

with such technology-based emission limitations if the conditions of paragraph (e)(3) of this

Section and the reporting requirements of OAC 252:100-8-6(a)(3)(C)(iii)(I) are met.

(2) The affirmative defense of emergency shall be demonstrated through properly signed,

contemporaneous operating logs or other relevant evidence that:

(A) an emergency occurred and that the permittee can identify the cause(s) of the

emergency;

(B) the permitted facility was at the time being properly operated;

(C) during the period of the emergency the permittee took all reasonable steps to

minimize levels of emissions that exceeded the emission standards or other requirements in

the permit.

(3) In any enforcement proceeding, the permittee seeking to establish the occurrence of an

emergency has the burden of proof.

(4) The provision in this subsection is in addition to any emergencyor upset provision contained

in any applicable requirement or OAC 252:100-9.

(f) Operational flexibility.

(1) Applicant's duty to apply for alternative scenarios. A facility may implement any

operating scenario allowed for in its Part 70 permit without the need for any permit revision or

any notification to the permitting authority. It is incumbent upon the Part 70 permit applicant to

apply for any reasonably anticipated alternative facility operating scenarios at the time of initial

or renewal permit application.

(2) Changes resulting in no emissions increases. A permitted Part 70 source may make the

following changes within the facility.

(A) Such a source may make changes that are not modifications under any provision of

Title I of the Act.

(B) Such a source may make changes that do not cause any hourly or annual permitted

emission rate of any existing emissions unit to be exceeded.

(C) Such a source may make changes that result in a net change in emissions of zero,

provided that the facility notifies the DEQ and EPA in writing at least 7 days in advance of

the proposed changes. The source, DEQ, and EPA shall attach each such notice to their copy

of the relevant permit. For each such change, the written notification required above shall

include a brief description of the change within the permitted facility, the date on which the

change will occur, any change in emissions, and any permit term or condition that is no

longer applicable as a result of the change. The permit shield described in OAC 252:100-8-

6(d) does not apply to any change made pursuant to this subsection.

252:100-8-6.1. General permits

(a) Applicability.

(1) The DEQ may, after notice and opportunity for public participation, issue a general permit

for any source category if it concludes that the category is appropriate for permitting on a generic

basis. Anygeneral permit shall complywith all requirements applicable to otherPart 70 permits. 

No general permit may be issued for affected sources under the acid rain program unless

otherwise provided in regulations promulgated under Title IV of the Act.

(2) A general permit may be issued for a source category based upon an application from a

source within the source category or upon the DEQ's own initiative. The DEQ shall, following

receipt of an application for a general permit, or upon a determination that issuance of a general

permit for a category of sources may be appropriate, follow the same procedures for issuance of

a general permit as for any other permit issued under this part.

(3) A general permit may be issued to establish:

(A) Terms and conditions to implement applicable requirements and state-only

requirements for a source category.

(B) Terms and conditions to implement applicable requirements and state-only

requirements for specified categories of changes to permitted sources.

(C) Terms and conditions for new requirements that apply to sources with existing

permits.

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(D) Federally-enforceable caps on emissions from sources in a specified category.

(4) The DEQ may issue a general permit if it finds that:

(A) There are several permittees, permit applicants, or potential permit applicants who:

(i) Have the same or substantially similar operations, emissions, activities, or facilities.

(ii) Emit the same types of regulated air pollutants.

(B) The operations, emissions, activities, or facilities are subject to the same or similar:

(i) Standards, limitations, and operating requirements.

(ii) Monitoring requirements.

(5) If some, but not all, of a source's operations, activities, and emissions are eligible for

coverage under one or more general permits, the source must apply for an individual Part 70

permit for all of its covered sources.

(6) Facilities located in areas that are federally designated as non-attainment are not eligible for

coverage under a general permit.

(7) Sites that are not in compliance with all applicable State and Federal air regulations are

eligible for a general operating permit only if:

(A) They submit to DEQ an approvable compliance plan, and

(B) The facility submits to Tier II public review.

(8) Facilities with existing state operating permits are eligible for coverage under a general

operating permit.

(9) Facilities existing prior to the effective date of any applicable standard that would have

created specific quantifiable and enforceable emission rates are eligible for coverage under a

general operating permit.

(b) Authorization.

(1) A general permit issued under this section shall identify criteria by which sources may

qualify for the general permit. After a general permit has been issued, any source may submit a

request to be covered under the permit in the form of an application for authorization to operate

under the general permit. Such application shall identify the source and provide information

sufficient to demonstrate that it falls within the source category covered by the general permit,

together with any additional information that may be specified in the general permit.

(2) See OAC 252:4-7 for Tier I permitting processes and timelines for individual authorizations

under general permits. The DEQ shall act to approve or deny the application within 90 days of

filing.

(3) A final action approving an authorization to operate under a general permit shall not be

subject to public comment or judicial review.

(4) The DEQ will publish, at least monthly, an updated list of sources approved for inclusion

under the general permit and any aggrieved person may petition the DEQ to review the approval

of any stationary source for inclusion under a general permit within 30 days after publication of

the list.

(5) A copy of the general permit, together with a list of sources approved for coverage under it,

shall be kept on file for public review at the offices of the DEQ.

(c) Permit shield. A general permit issued under this section shall provide that any source approved

for coverage under a general permit shall be entitled to the protection of the permit shield for all

operations, activities, and emissions addressed by the general permit, unless and to the extent that

it is subsequently determined that the source does not qualify for the conditions and terms of the

general permit.

(d) Revisions.

(1) If an owner or operator of a source(s) makes a change to a source covered by a general permit

that affects any applicability information supplied in the general permit application, but the

source is still eligible for coverage under a general permit, the owner or operator must revise the

general permit application and submit it to the DEQ within 60 days.

(2) After coverage is granted to a source under the general permit, physical changes to the

facility which result in the addition of equipment new to the facility, either as a replacement

(except like-kind replacements) or net addition, will require a construction permit or a new

authorization. Any significant modification to a stationary source included under a general

permit shall subject the source to a Tier II review.

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(3) If equipment new to the facility is newly purchased or is relocated from another facility

where a permit was issued with enforceable emissions limits on that equipment, then

authorization under the general permit shall be modified or amended to include an emissions

limit for the newly purchased or relocated equipment. "Grandfathered" emissions sources at the

facilitywill retain only the equipment descriptions as permit conditions. "Grandfathered"means

a unit that was in existence prior to the effective date of any applicable regulation that would

have created specific quantifiable and enforceable emissions rate limits.

(4) For a general operating permit, if emissions change for any reason that subjects the facility

to PSD permitting requirements, then the facility no longer qualifies for a general operating

permit. However, the existing general operating permit will remain valid during the time period

covered bythe PSD construction permit until the facilityreceives a Part 70 site specific operating

permit for the entire facility.

(e) Permit content. Specific terms and conditions that will make the applicable rules and

requirements enforceable shall be stipulated in the general permit.

(f) Renewal of general operating permits.

(1) The DEQ will initiate the renewal process for a general operating permit at least 180 days

prior to the permit's expiration date and will follow the requirements in 252:100-8-7(a).

(2) Owners or operators shall apply to renew an authorization at least 60 days prior to expiration

of the existing authorization. Upon submittal of a timely and administratively complete

application, the applicant may continue to operate until such time as the DEQ grants or denies

coverage under the general operating permit.

252:100-8-6.2. Temporary sources

The DEQ may issue a single permit authorizing emissions from similar operations by the same

source owner or operator at multiple temporary locations. The operation must be temporary and

involve at least one change of location during the term of the permit. No affected source shall be

permitted as a temporary source. Permits for temporary sources shall include the following:

(1) Conditions that will assure compliance with all applicable requirements at all authorized

locations;

(2) Requirements that the owner or operator notify the permitting authority at least ten days in

advance of each change in location; and

(3) Conditions that assure compliance with all other provisions of this section.

252:100-8-6.3. Special provisions for affected (acid rain) sources

(a) Application binding until permit issuance or denial. A complete acid rain permit application

is binding on the applicant and enforceable as a permit until an acid rain permit is issued or denied. 

For applicable permitting processes, see OAC 252:4-7.

(b) Exemption petitions. Applicants with small units that burn low sulfur fuel or sources that retire

a unit can petition to have such units exempted from certain permitting and monitoring requirements

under the acid rain regulations.

(c) Permit shield. The acid rain portion of every operating permit is covered by a permit shield. 

This shield assures that an applicant operating in accordance with a permit issued in accordance with

Title IV of the Act, will be deemed to be operating in compliance with the Acid Rain Program.

(d) Modifications. See 40 CFR 72.82.

(e) Duration. Acid rain permits will have a term of five years commencing on the permits effective

date. The DEQ may issue a permit with a future effective date.

(f) Right of intervention. The Administrator may intervene as a matter of right in any

administrative appeal involving an Acid Rain permit or denial of an Acid Rain permit.

(g) Administrative appeal. The administrative appeal period shall be no more than 90 days

following the issuance of the Acid Rain permit and the judicial appeal period shall be no more than

90 days following a final agency action.

(h) Adoption of 40 CFR Part 72 by reference. DEQ hereby adopts and incorporates by reference

the provisions of 40 CFR Part 72, as published in the Federal Register on January 11, 1993, on

March 23, 1993, and on October 24, 1997, for purposes of implementing an acid rain program that

meets the requirements of Title IV of the Act. The term "permitting authority" shall mean the

49
Oklahoma Department of Environmental Quality and the term "Administrator" shall mean the

Administrator of the United States Environmental Protection Agency. If the provisions or

requirements of 40 CFR Part 72 conflict with or are not included in 252:100-8, the Part 72 provisions

and requirements shall apply and take precedence.

252:100-8-7. Permit issuance

(a) Criteria for issuance. A permit, permit modification, or renewal may be issued only if the

applicable requirements of 27A O.S. §§ 2-14-101 through 2-14-401; OAC 252:4-7; and this Chapter

have been met and the DEQ has determined that the conditions of the permit provide for compliance

with all applicable requirements and, for applications subject to OAC 252:100-8-8, that the

requirements of that Section have been satisfied.

(b) Draft permits and notice thereof. See OAC 252:4-7. A statement that sets forth the legal and

factual basis for the draft permit conditions (including references to the applicable statutory or

regulatory provisions) shall accompany the draft permit.

(c) EPA review. See OAC 252:100-8-8.

(d) DEQ final action. See OAC 252:4-7 and 252:100-8-8 when applicable.

(e) Timeline for technical review and issuance. The DEQ shall take final action on each

application for a permit within 18 months after beginning its technical review in accordance with

OAC 252:4-7-4 through 252:4-7-12 and OAC 252:4-7-31; and OAC 252:100-8-4(b)(7).

252:100-8-7.1. Permit renewal and expiration

(a) Timely application for permit renewal.

(1) Applications for permit renewal and for permits for new Part 70 sources or amendments,

shall be considered timely if the applicant meets the requirements of this subsection.

(2) Stationary sources operating under permits issued by the DEQ under this Subchapter shall

apply for permit reissuance at least 180 days before the expiration of the existing permit, unless

the permit specifies that the application must be submitted sooner. The DEQ shall require in a

permit that a reissuance application be submitted sooner if it determines that an earlier

application is needed to minimize the possibility of expiration prior to reissuance. The DEQ may

make the determination if it anticipates a relatively lengthy permit review process due to the

complexity of the stationary source or anticipated involvement of the public. In no event shall

the permit require application for reissuance sooner than eighteen months prior to the expiration

of the permit.

(b) Application content for renewal of expiring permit. In submitting an application for renewal

of a Part 70 operating permit, a source may identify and incorporate by reference terms and

conditions in its previous permit and permit application(s) that should remain unchanged. In

addition, a renewal application must contain:

(1) information specified in 252:100-8-5(e) for those products, processes, operations, and

emissions:

(A) That are not addressed in the existing permit;

(B) That are subject to applicable requirements or state-only requirements that are not

addressed in the existing permit; or

(C) For which the source seeks permit terms and conditions that differ from those in the

existing permit; and

(2) a compliance plan and certification as required in 252:100-8-5(e)(8) and (9).

(c) Issuance of renewal permit. Applications for permit renewal shall be subject to the same

procedural requirements, including those for public participation, affected State comment, and EPA

review, that apply to initial permit issuance under 252:100-8-7(a).

(d) Expiration of permit.

(1) A source's right to operate shall terminate upon the expiration of its permit unless a timely

and complete renewal application has been submitted at least 180 days before the date of

expiration.

(2) If a timely and complete application for a permit renewal is submitted, but the DEQ fails to

take final action to issue or deny the renewal permit before the end of the term of the previous

50
permit, then the permit shall not expire until the renewal permit has been issued or denied, and

any permit shield granted for the permit shall continue in effect during that time.

252:100-8-7.2. Administrative permit amendments and permit modifications

(a) Administrative permit amendments.

(1) An administrative permit amendment:

(A) Corrects typographical errors;

(B) Identifies a change in the name, address, or phone number of any person identified

in the permit, or provides a similar minor administrative change at the source;

(C) Requires more frequent monitoring or reporting by the permittee;

(D) Allows for a change in ownership or operational control of a source where no other

change in the permit is necessary, provided that a written agreement containing a specific

date for transfer of permit responsibility, coverage, and liability between the current and new

permittee has been submitted to the DEQ;

(E) Incorporates into the permit the requirements from preconstruction review permits

issued by the DEQ under this Part.

(2) Administrative permit amendments for purposes of the acid rain portion of the permit shall

be governed by 40 CFR Part 72.

(3) An administrative permit amendment shall be made by the DEQ in accordance with the

following:

(A) The DEQ shall take final action on a request for an administrative permit amendment

within 60 days from the date of receipt of such a request, and may incorporate the proposed

changes without providing notice to the public or affected States provided that it designates

any such permit revisions as having been made pursuant to this paragraph.

(B) The DEQ shall submit a copy of the revised permit to the Administrator.

(C) The source may implement the changes addressed in the request for an administrative

amendment immediately upon submittal of the request.

(4) The DEQ shall, upon taking final action granting a request for an administrative permit

amendment, allow coverage by the permit shield in OAC 252:100-8-6(d) for administrative

permit amendments made pursuant to OAC 252:100-8-7.2(a)(1)(E).

(b) Permit modification. A permit modification is any revision to a permit that cannot be

accomplished under OAC 252:100-8-7.2(a). A permit modification for purposes of the acid rain

portion of the permit shall be governed by 40 CFR Part 72.

(1) Minor permit modification procedures.

(A) Criteria.

(i) Minor permit modification procedures may be used only for those permit

modifications that:

(I) Do not violate any applicable requirement, or state-only requirements;

(II) Do not involve significant changes to existing monitoring, reporting or

recordkeeping requirements in the permit;

(III) Do not require or change a case-by-case determination of an emission

limitation or other standard, or a source-specific determination for temporarysources

of ambient impacts, or a visibility or increment analysis;

(IV) Do not seek to establish or change a permit term or condition for which there

is no corresponding underlying applicable requirement or state-only requirement

which the source has assumed to avoid some other applicable requirement or stateonly requirement to which the source would otherwise be subject. Such terms and

conditions include federally-enforceable emissions caps assumed to avoid

classification as a modification under any provision of Title I and alternative

emissions limits approved pursuant to regulations promulgated under § 112(i)(5) of

the Act; and

(V) Are not modifications under any provision of Title I of the Act.

(ii) NotwithstandingOAC 252:100-8-7.2(b)(1)(A)(i) and 252:100-8-7.2(b)(2)(A), minor

permit modification procedures may be used for permit modifications involving the use

of economic incentives, marketable permits, emissions trading, and other similar

51
approaches, to the extent that such minor permit modification procedures are explicitly

provided for in the State's implementation plan or in applicable requirements

promulgated by EPA.

(B) Application. To use the minor permit modification procedures, a source shall submit

an application requesting such use which shall meet the permit application requirements of

Tier I under OAC 252:4-7 and shall include the following:

(i) A description of the change, the emissions resulting from the change, and any new

applicable requirements or state-only requirements that will apply if the change occurs;

(ii) The source's suggested modification language;

(iii) Certification by a responsible official, that the application and the proposed

modification meet the criteria for use of minor permit modification procedures; and

(iv) Completed forms for any notices required by OAC 252:4-7 and OAC 252:100-8-

7.2(b)(1)(C).

(C) EPA and affected state notification. If the proposed minor modification is of a

permit that underwent EPA review in accordance with OAC 252:100-8-8, the provisions of

that section shall apply to the minor modification application.

(D) Timetable for issuance. Within 90 days of the DEQ's receipt of a complete

application under OAC 252:4-7 the DEQ shall:

(i) Issue the minor permit modification as approved;

(ii) Deny the minor permit modification application; or

(iii) Determine that the requested modification does not meet the minor permit

modification criteria and should be reviewed under the significant modification

procedures or administrative amendment procedures.

(E) Source's ability to make change. Immediately after filing an application meeting

the requirements of these minor permit modification procedures, the source is authorized to

make the change or changes proposed in the application. After the source makes the change

and until the DEQ takes any of the actions specified in OAC 252:100-8-7.2(b)(1)(D)(i)

through (iii), the source must comply with the applicable requirements and state-only

requirements governing the change and the proposed permit terms and conditions. During

this period, the source need not comply with the existing terms and conditions it seeks to

modify. However, if the source fails to comply with its proposed permit terms and

conditions during this time period, the existing permit terms and conditions it seeks to

modify may be enforced against it.

(F) Permit shield. The permit shield under OAC 252:100-8-6(d) will not extend to minor

permit modifications.

(G) Permittee's risk in commencing construction. The permittee assumes the risk of

losing any investment it makes toward implementing a modification prior to receiving a

permit amendment authorizing the modification. The DEQ will not consider the possibility

of the permittee suffering financial loss due to such investment when deciding whether to

approve, deny, or approve in modified form a minor permit amendment.

(2) Significant modification procedures.

(A) Criteria. Significant modification procedures shall be used for applications

requesting permit modifications that:

(i) Involve any significant changes in existing monitoring requirements in the permit;.

(ii) Relax any reporting or recordkeeping requirements.

(iii) Change any permit condition that is required to be based on a case-by-case

determination of an emission limitation or other standard, on a source-specific

determination of ambient impacts, or on a visibility or increment analysis;

(iv) Seek to establish or change a permit term or condition for which there is no

corresponding underlying applicable requirement or state-only requirement which the

source has assumed to avoid some other applicable requirement or state-onlyrequirement

to which the source would otherwise be subject. Such terms and conditions include:

(I) A federally enforceable emissions cap assumed to avoid classification as a

modification under any provision of Title I;

52
(II) An alternative emissions limit approved pursuant to regulations promulgated

under section 112(i)(5) of the Act; and

(v) Are modifications under any provision of Title I of the Act; and,

(vi) Do not qualify as minor permit modifications or administrative amendments.

(B) Procedures for processing. Significant permit modifications shall meet all

requirements of these rules that are applicable to Tier II applications. The application for the

modification shall describe the change, the emissions resulting from the change, and any new

applicable requirements or state-only requirements that will apply if the change occurs.

(C) Issuance. TheDEQ shall complete review of significant permit modifications within

nine months after receipt of a complete application, but shall be authorized to extend that

date by up to three months for cause.

252:100-8-7.3. Reopening of operating permits for cause

(a) Mandatory reopening. Each issued permit shall include provisions specifying the conditions

under which the permit will be reopened prior to the expiration date of the permit. A permit shall

be reopened and revised under any of the following circumstances:

(1) Additional federal applicable requirements become applicable to a stationary source with a

remaining permit term of three or more years. Such a reopening and amendment shall be

completed not later than 18 months after promulgation of the federal applicable requirement. 

Reopening is allowed if an applicable requirement becomes effective and the original permit or

any of its terms and conditions has been extended pursuant to the application shield provided at

252:100-8-7.1(d)(2) beyond the 18-month timeframe forrevision. No such reopening is required

if the effective date of the requirement is later than the date on which the permit is due to expire.

(2) Additional requirements (including excess emissions requirements) become applicable to an

affected source under the acid rain program. Upon approval by the Administrator, excess

emissions offset plans shall be deemed to be incorporated into the permit.

(3) The DEQ or the EPA determines that the permit contains a material mistake or that

inaccurate statements were made in establishing the emissions standards, limitations, or other

terms or conditions of the permit.

(4) The Administrator or the DEQ determines that the permit must be revised or revoked to

assure compliance with the applicable requirements.

(b) Discretionary reopening. The DEQ may reopen and amend a permit when:

(1) additional state-only requirements become applicable to a permitted stationary source and

the effective date of the requirement is at least 18 months prior to the date on which the permit

is due to expire;

(2) alterations or modifications to the permitted facility will result in or have the potential to

result in significant alteration of the nature or quantity of regulated air pollutants to be emitted

by the permittee;

(3) the DEQ receives information previously unavailable to the DEQ that shows that the terms

and conditions of the permit do not accurately represent the actual circumstances relating to the

permitted facility;

(4) a court of competent jurisdiction invalidates or modifies an Oklahoma or federal statute or

rule or federal guideline upon which a condition of the permit is based; or

(5) an event occurs that is beyond the control of the permittee that necessitates modification of

a compliance schedule in the permit.

(c) Reopening procedures. To reopen and amend a permit, the DEQ shall follow the procedures

that apply to significant permit modifications under this Subchapter, unless the amendment can be

made as an administrative amendment under 252:100-8-7.2(a).Mandatoryreopenings under 252:00-

8-7.3(a) shall be made as expeditiously as practicable. In lieu of an application, the significant

permit modification process will commence when the DEQ gives the permittee written notice of its

intent to amend the permit. The DEQ shall not issue the amendment, or make public notice of the

amendment where public notice is required, until at least thirty days after the DEQ has given the

permittee written notice of its intent to amend the permit, unless the permittee consents to less notice,

or in the case of an emergency. In cases where public participation is required, only those portions

53
of the permit that the DEQ proposes to amend shall be open for public comment or consideration

at a meeting or hearing.

(d) Reopenings for cause by EPA.

(1) If the Administrator finds that cause exists to terminate, modify, or revoke and reissue a

permit, the Administrator shall notify the DEQ and the permittee of such findings in writing.

(2) The DEQ shall, within 90 days after receipt of such notification, forward to EPA a proposed

determination of termination, modification, or revocation and reissuance, as appropriate. The

Administrator may extend this 90-day period for an additional 90 days if he finds that a new or

revised permit application is necessary or that the DEQ must require the permittee to submit

additional information.

(3) The Administrator will review the proposed determination from the DEQ within 90 days of

receipt.

(4) The DEQ shall have 90 days from receipt of an EPA objection to resolve any objection that

EPA makes and to terminate, modify, or revoke and reissue the permit in accordance with the

Administrator's objection.

(5) If the DEQ fails to submit a proposed determination pursuant to this subsection, or fails to

resolve any objection pursuant to this subsection, the Administrator will terminate, modify, or

revoke and reissue the permit after taking the following actions:

(A) Providing at least 30 days' notice to the permittee in writing of the reasons for any

such action.

(B) Providing the permittee an opportunityfor comment on the Administrator's proposed

action and an opportunity for a hearing.

252:100-8-7.4. Revocations of operating permits

(a) Revocation of a permit or authorization under a general permit without reissuance. The

DEQ may revoke permits or authorizations under a general permit and not reissue them when:

(1) there exists at the permitted facility unresolved noncompliance with applicable requirements

or a condition of the permit or authorization, and the permittee refuses to undertake an

enforceable schedule of compliance to resolve the noncompliance;

(2) the permittee fails to disclose fully the facts relevant to issuance of the permit or

authorization or submits false or misleading information to the DEQ or the Administrator;

(3) the permittee has failed to comply with any requirement under 252:100-5 to pay fees; or

(4) the permittee has failed to pay a penalty owed pursuant to court order, consent decree,

stipulation agreement, or schedule of compliance.

(b) Revocation procedures. The DEQ shall give notice to the permittee of its intention to revoke

a permit without reissuance. This notice must state that within 30 days of the receipt of the notice

the permittee may request a contested case hearing be held on the proposed action, except that the

DEQ may provide less notice in case of an emergency. If the permittee requests a contested case

hearing, the DEQ shall hold the hearing in accordance with the Oklahoma Administrative Procedures

Act.

252:100-8-7.5. Judicial review

Any final action in granting or denying an application for a permit, permit amendment or

modification, or permit renewal shall be subject to judicial review in the court of appropriate

jurisdiction upon an application filed by the applicant or permittee, or by any affected state or other

person who participated in the public comment process. Except for authorizations under General

Permits, judicial review is available to all affected parties for all final permit actions including minor

modifications and administrative actions. If no public comment procedure was employed for the

action under challenge, an application for review may be filed by the permittee or an affected state. 

The opportunity for judicial review provided for in this subsection shall be the exclusive means for

obtaining judicial review of any permit action.

(1) No application for judicial review may be filed more than 90 days following the final action

on which review is sought, unless the grounds for review arose at a later time, in which case the

application for review shall be filed within 90 days of the date on which the grounds for review

first arose and review shall be limited to such later-arising grounds.

54
(2) Any application for judicial review shall be limited to issues that:

(A) were raised in comments filed with the DEQ or during a public hearing on the

proposed permit action (if the grounds on which review is sought were known at that time),

except that this restriction shall not apply if the person seeking review was not afforded an

advance opportunity to comment on the challenged action; and

(B) are germane and material to the permit action at issue.

(3) For purposes of this section, "final action" shall include a failure by the DEQ to take final

action to grant or deny an application within the time specified in this Chapter.

252:100-8-8. Permit review by EPA and affected states

(a) Applicability. This Section applies to all Subchapter 8 permit actions except administrative

permit amendments.

(b) Format. To the extent practicable, information provided to the EPA by applicants shall be in

computer-readable format compatible with EPA's national database management system.

(c) Recordkeeping. The DEQ will keep for 5 years records required by this Section and will submit

to the Administrator such information as the Administrator may reasonably require to ascertain

whether the State program complies with the requirements of the Act or of this Chapter.

(d) Transmission of information to EPA. The DEQ shall provide to the Administrator a copy of

each permit application (including any application for permit modification), each proposed permit,

and each final permit, unless waived by the Administrator for a category of sources other than major

sources. In the alternative, the DEQ may require an applicant upon filing to provide a copy of the

permit application (including the compliance plan) directly to the Administrator. Upon agreement

with the Administrator, the DEQ may submit a permit application summary form and any relevant

portion of the permit application and compliance plan, in place thereof.

(e) Transmission of notice of draft permit to affected states. The DEQ shall give notice of each

draft permit to any affected State on or before the time that this notice is provided to the public under

27A O.S. § 2-14-302, except to the extent that paragraph 8-7.2(b)(1)regarding minor permit

modification applications, and 40 CFR § 70.7(e)(3)(iii) regarding group processing of minor permit

modifications, requires the timing of the notice to be different.

(f) Timelines for submission of EPA review copy.

The DEQ shall review public comments, revise the draft permit as appropriate and submit the

proposed permit to EPA for review no later than 60 days before the issuance deadline established

in OAC 252:4-7-31, except as provided in OAC 252:4-7-9 through 4-7-11, which stop the review

timeline and provide additional time for permit review.

(g) Notice of non-acceptance. The DEQ shall notify the Administrator and any affected State in

writing of any refusal by the DEQ to accept all recommendations for the proposed permit that the

affected State submitted during the review period. The notice will include the DEQ's reasons for not

accepting any such recommendation. The DEQ is not required to accept recommendations that are

not based on applicable requirements of the Oklahoma Clean Air Act or 40 CFR Part 70.

(h) EPA review and non-objection. Upon receipt of notice from the EPA that it will not object to

a proposed permit, the DEQ shall issue the proposed permit as final unless an administrative permit

hearing has been timely and properly requested.

(i) EPA review and objection.

(1) Timing. No permit for which an application must be transmitted to the Administrator under

subsection (a) of this Section shall be issued if the Administrator objects to its issuance in

writing within 45 days of receipt of the proposed permit and all necessary supporting

information.

(2) Form of objection. An EPA objection shall include a statement of the Administrator's

reasons for objection and a description of the terms and conditions that the permit must include

to respond to the objections.

(3) Additional grounds. Failure of the DEQ to do any of the following also shall constitute

grounds for an objection:

(A) Comply with subsections (d) or (e) of this Section;

(B) Submit any information necessary to review adequately the proposed permit; or

55
(C) Process the permit application according to the uniform permitting requirements of

OAC 252:4-7 Part 1.

(4) Copy. The Administrator will provide the permit applicant a copy of the objection.

(5) DEQ response. The DEQ shall consult with EPA and the applicant and shall amend the

permit and submit for approval an amended proposed permit to EPA within 90 days after the

date of EPA's objection.

(6) Failure of DEQ to respond. If the DEQ fails, within 90 days after the date of the EPA

objection, to amend and resubmit the amended proposed permit in response to the objection, the

Administrator will issue or deny the permit in accordance with the requirements of EPA's Part

71 regulations.

(j) Public petitions to the Administrator. If the Administrator does not object in writing under

subsection (h) of this Section, any person that meets the requirements of this subsection may petition

the Administrator within 60 days after the expiration of the Administrator's 45-day review period

to make such objection. Any such petition shall be based only on objections to the permit that the

petitioner raised with reasonable specificity during the public comment period provided for in 27A

O.S. § 2-14-302.A.2., unless the petitioner demonstrates that it was impracticable to raise such

objections within such period, or unless the grounds for such objection arose after such period. If

the Administrator objects to the permit as a result of a petition filed under this subsection, the DEQ

shall not issue the permit until EPA's objection has been resolved, except that a petition for review

does not stay the effectiveness of a permit or its requirements if the permit was issued after the end

of the 45-day review period and prior to an EPA objection. If the DEQ has issued a permit prior to

receipt of an EPA objection under this subsection, the Administrator will modify, terminate, or

revoke such permit, and shall do so consistent with the procedures in 40 CFR §§ 70.7(g)(4) or (5)(i)

and (ii) except in unusual circumstances. If the DEQ revokes the permit, it may thereafter issue only

a revised permit that satisfies EPA's objection. In any case, the source will not be in violation of the

requirement to have submitted a timely and complete application.

(k) Effect on administrative permit hearing. When a public petition or an EPA objection is

registered on a proposed permit on which an administrative permit hearing has been requested in

accordance with the Oklahoma Uniform Environmental Permitting Act, 27A O.S. §§ 2-14-101

through 2-14-401, the DEQ maystaythe evidentiarypart of the hearing involving cross-examination

until EPA objections are resolved.

252:100-8-9. Permit fees

[252:100-8-9(a), (b), (c), (d)(1), (d)(3) and (d)(4) amended and renumbered to 252:100-5. 

252:100-8-9(d)(2) amended and renumbered to 252:100-8-1.7]

PART 7. PREVENTION OF SIGNIFICANT DETERIORATION (PSD)

REQUIREMENTS FOR ATTAINMENT AREAS

252:100-8-30. Applicability

(a) General applicability.

(1) The requirements of this Part shall apply to the construction of any new major stationary

source or any project that is a major modification at an existing major stationary source in an area

designated as attainment or unclassifiable under sections 107(d)(1)(A)(ii) or (iii) of the Act.

(2) The requirements of OAC 252:100-8-34 through 252:100-8-36.2 apply to the construction

of any new major stationary source or the major modification of any existing major stationary

source, except as this Part otherwise provides.

(3) No new major stationary source or major modification to which the requirements of OAC

252:100-8-34 through 252:100-8-36.2(b) apply shall begin actual construction without a permit

that states that the major stationary source or major modification will meet those requirements.

(4) The requirements of OAC 252:100-8, Parts 1, 3, and 5 also apply to the construction of all

new major stationary sources and major modifications.

(b) Major modification.

(1) Major modification applicability determination.

56
(A) Except as otherwise provided in OAC 252:100-8-30(c), and consistent with the

definition of "major modification", a project is a major modification for a regulated NSR

pollutant if it causes two types of emissions increases:

(i) a significant emissions increase and

(ii) a significant net emissions increase.

(B) The project is not a major modification if it does not cause a significant emissions

increase. If the project causes a significant emissions increase, then the project is a major

modification only if it also results in a significant net emissions increase.

(2) Calculating significant emissions increase and significant net emissions increasebefore

beginning actual construction. The procedure for calculating whether a significant emissions

increase will occur depends upon the type of emissions units being modified, according to OAC

252:100-8-30(b)(3) through (5). This is the first step in determining if a proposed modification

would be considered a major modification. The procedure for calculating whether a significant

net emissions increase will occur at the major stationary source is contained in the definition of

"net emissions increase". This is the second step in the process of determining if a proposed

modification is a major modification. Both steps occur prior to the beginning of actual

construction. Regardless of any such preconstruction projections, a major modification results

if the project causes a significant emissions increase and a significant net emissions increase.

(3) Actual-to-projected-actual applicability test for projects that only involve existing

emissions units. A significant emissions increase of a regulated NSR pollutant is projected to

occur if the sum of the difference between the projected actual emissions and the baseline actual

emissions for each existing emissions unit, equals or exceeds the amount that is significant for

that pollutant.

(4) Actual-to-potential test for projects that only involve construction of a new emissions

unit(s). A significant emissions increase of a regulated NSR pollutant is projected to occur if

the sum of the difference between the potential to emit from each new emissions unit following

completion of the project and the baseline actual emissions of these units before the project

equals or exceeds the amount that is significant for that pollutant.

(5) Hybrid test for projects that involve multiple types of emissions units. A significant

emissions increase of a regulated NSR pollutant is projected to occurif the sum of the emissions

increases for each emissions unit, using the method specified in OAC 252:100-8-30(b)(3) or (4)

as applicable with respect to each emissions unit, for each type of emissions unit equals or

exceeds the amount that is significant for that pollutant.

(6) Actual-to-potential test for projects that only involve existing emissions units. In lieu

of using the actual-to-projected-actual test, owners or operators may choose to use the actual-topotential test to determine if a significant emissions increase of a regulated NSR pollutant will

result from a proposed project. A significant emissions increase of a regulated NSR pollutant

will occur if the sum of the difference between the potential emissions and the baseline actual

emissions for each existing emissions unit, equals or exceeds the amount that is significant for

that pollutant. Owners or operators who use the actual to potential test will not be subject to the

recordkeeping requirements in OAC 252:100-8-36.2(c).

(c) Plantwide applicability limitation (PAL). Major stationary sources seeking to obtain or

maintain a PAL shall comply with the requirements under OAC 252:100-8-38.

252:100-8-31. Definitions

The following words and terms when used in this Part shall have the following meaning, unless

the context clearly indicates otherwise. All terms used in this Part that are not defined in this Section

shall have the meaning given to them in OAC 252:100-1-3, 252:100-8-1.1, or in the Oklahoma Clean

Air Act.

"Actual emissions" means the actual rate of emissions of a regulated NSR pollutant from an

emissions unit, as determined in accordance with paragraphs (A) through (C) of this definition,

except that this definition shall not applyfor calculating whether a significant emissions increase has

occurred, or for establishing a PAL under OAC 252:100-8-38. Instead, the definitions of "projected

actual emissions" and "baseline actual emissions" shall apply for those purposes.

57
(A) In general, actual emissions as of a particular date shall equal the average rate in TPY

at which the unit actually emitted the pollutant during a consecutive 24-month period which

precedes the particular date and which is representative of normal source operation. The

Director shall allow the use of a different time period upon a determination that it is more

representative of normal source operation. Actual emissions shall be calculated using the

unit's actual operating hours, production rates, and types of materials processed, stored, or

combusted during the selected time period.

(B) The Director may presume that source-specific allowable emissions for the unit are

equivalent to the actual emissions of the unit.

(C) For any emissions unit that has not begun normal operations on the particular date,

actual emissions shall equal the potential to emit of the unit on that date.

"Allowable emissions" means the emission rate of a stationary source calculated using the

maximum rated capacity of the source (unless the source is subject to enforceable limits which

restrict the operating rate, or hours of operation, or both) and the most stringent of the following:

(A) the applicable standards as set forth in 40 CFR Parts 60 and 61;

(B) the applicable State rule allowable emissions; or,

(C) the emissions rate specified as an enforceable permit condition.

"Baseline actual emissions" means the rate of emissions, in TPY, of a regulated NSR

pollutant, as determined in accordance with paragraphs (A) through (E) of this definition.

(A) The baseline actual emissions shall be based on current emissions data and the unit's

utilization during the period chosen. Current emission data means the most current and

accurate emission factors available and could include emissions used in the source's latest

permit or permit application, the most recent CEM data, stack test data, manufacturer's data,

mass balance, engineering calculations, and other emission factors.

(B) For any existing electric utility steam generating unit (EUSGU), baseline actual

emissions means the average rate, in TPY, at which the unit actually emitted the pollutant

during any consecutive 24-month period selected by the owner or operator within the 5-year

period immediately preceding the date that a complete permit application is received by the

Director for a permit required under OAC 252:100-8. The Director shall allow the use of a

different time period upon a determination that it is more representative of normal source

operation.

(i) The average rate shall include fugitive emissions to the extent quantifiable, and

emissions associated with start-ups, shutdowns, and malfunctions.

(ii) The average rate shall be adjusted downward to exclude anynoncompliant emissions

that occurred while the source was operating above an emission limitation that was

legally enforceable during the consecutive 24-month period.

(iii) For a regulated NSR pollutant, when a project involves multiple emissions units,

only one consecutive 24-month period shall be used to determine the baseline actual

emissions for all the emissions units affected by the project. A different consecutive 24-

month period can be used for each regulated NSR pollutant.

(iv) The average rate shall not be based on any consecutive 24-month period for which

there is inadequate information for determining annual emissions, in TPY, and for

adjusting this amount if required by (B)(ii) of this definition.

(C) For an existing emissions unit (other than an EUSGU), baseline actual emissions means

the average rate in TPY, at which the emissions unit actually emitted the pollutant during any

consecutive 24-month period selected by the owner or operator within the 10-year period

immediately preceding either the date the owner or operator begins actual construction of the

project, or the date a complete permit application is received by the Director for a permit

required either under this Part or under a plan approved by the Administrator, whichever is

earlier, except that the 10 year period shall not include any period earlier than November 15,

1990.

(i) The average rate shall include fugitive emissions to the extent quantifiable, and

emissions associated with startups, shutdowns, and malfunctions.

58
(ii) The average rate shall be adjusted downward to exclude anynoncompliant emissions

that occurred while the source was operating above an emission limitation that was

legally enforceable during the consecutive 24-month period.

(iii) The average rate shall be adjusted downward to exclude any emissions that would

have exceeded an emission limitation with which the major stationary source must

currently comply, had such major stationary source been required to comply with such

limitations during the consecutive 24-month period. However, if an emission limitation

is part of a MACT standard that the Administrator proposed or promulgated under 40

CFR 63, the baseline actual emissions need only be adjusted if DEQ has taken credit for

such emissions reduction in an attainment demonstration or maintenance plan consistent

with requirements of 40 CFR 51.165(a)(3)(ii)(G).

(iv) For a regulated NSR pollutant, when a project involves multiple emissions units,

only one consecutive 24-month period must be used to determine the baseline actual

emissions for the emissions units being changed. A different consecutive 24-month

period can be used for each regulated NSR pollutant.

(v) The average rate shall not be based on any consecutive 24-month period for which

there is inadequate information for determining annual emissions, in TPY, and for

adjusting this amount if required by (C)(ii) and (iii) of this definition.

(D) For a new emissions unit, the baseline actual emissions for purposes of determining the

emissions increase that will result from the initial construction and operation of such unit

shall equal zero; and thereafter, for all other purposes, shall equal the unit's potential to emit.

(E) For a PAL for a stationary source, the baseline actual emissions shall be calculated for

existing EUSGU in accordance with the procedures contained in paragraph (B) of this

definition, for other existing emissions units in accordance with the procedures contained in

Paragraph (C) of this definition, and for a new emissions unit in accordance with the

procedures contained in paragraph (D) of this definition.

"Baseline area" means any intrastate areas (and every part thereof) designated as attainment or

unclassifiable under section 107(d)(1)(A)(ii) or (iii) of the Act in which the major source or major

modification establishing the minor source baseline date would construct or would have an air

quality impact for the pollutant for which the baseline date is established, as follows: Equal to or

greater 2 2 10than 1 μg/m (annual average) for SO , NO , or PM ; or equal or greater than 0.3 μg/m 3 3

2.5 (annual average) for PM .

(A) Area redesignations under section107(d)(1)(A)(ii) or (iii) of the Act cannot intersect or

be smaller than the area of impact of any major stationary source or major modification

which:

(i) establishes a minor source baseline date; or

(ii) is subject to 40 CFR 52.21 or OAC 252:100-8, Part 7, and would be constructed in

the same State as the State proposing the redesignation.

(B) Any baseline area established originally for the TSP increments shall remain in effect

and 10shall applyfor purposes of determining the amount of available PM increments, except

that such baseline area shall not remain in effect if the Director rescinds the corresponding

minor source baseline date in accordance with paragraph (D) of the definition of "baseline

date".

"Baseline concentration"means that ambient concentration level that exists in the baseline area

at the time of the applicable minor source baseline date.

(A) A baseline concentration is determined for each pollutant for which a minor source

baseline date is established and shall include:

(i) the actual emissions representative of sources in existence on the applicable minor

source baseline date, except as provided in (B) of this definition.

(ii) the allowable emissions of major stationary sources that commenced construction

before the major source baseline date, but were not in operation by the applicable minor

source baseline date.

(B) The following will not be included in the baseline concentration and will affect the

applicable maximum allowable increase(s):

59
(i) actual emissions from anymajor stationarysource on which construction commenced

after the major source baseline date; and,

(ii) actual emissions increases and decreases at any stationary source occurring after the

minor source baseline date.

"Baseline date" means:

(A) Major source baseline date means:

10

(i) in the case of PM and sulfur dioxide, January 6, 1975;

(ii) in the case of nitrogen dioxide, February 8, 1988; and

2.5 (iii) in the case of PM , October 20, 2010.

(B) Minor source baseline date means the earliest date after the trigger date on which a

major stationary source or major modification (subject to 40 CFR 52.21 or OAC 252:100-8,

Part 7) submits a complete application. The trigger date is:

10

(i) in the case of PM and sulfur dioxide, August 7, 1977;

(ii) in the case of nitrogen dioxide, February 8, 1988; and

2.5 (iii) in the case of PM , October 20, 2011.

(C) The baseline date is established for each pollutant for which increments or other

equivalent measures have been established if:

(i) the area in which the proposed source or modification would construct is designated

as attainment or unclassifiable under section 107(d)(1)(A)(ii) or (iii) of the Act for the

pollutant on the date of its complete application under 40 CFR 52.21 or under OAC

252:100-8, Part 7; and

(ii) in the case of a major stationary source, the pollutant would be emitted in significant

amounts, or, in the case of a major modification, there would be a significant net

emissions increase of the pollutant.

(D) Any minor source baseline date established originally for the TSP increments shall

10

remain in effect and shall apply for purposes of determining the amount of available PM

increments, except that the Director may rescind any such minor source baseline date where

it can be shown, to the satisfaction of the Director, that the emissions increase from the major

stationary source, or the net emissions increase from the major modification, responsible for

10

triggering that date did not result in a significant amount of PM emissions.

"Begin actual construction" means in general, initiation of physical on-site construction

activities on an emissions unit which are of a permanent nature.

(A) Such activities include, but are not limited to, installation of building supports and

foundations, laying of underground pipework, and construction of permanent storage

structures.

(B) With respect to a change in method of operation this term refers to those on-site

activities, other than preparatory activities, which mark the initiation of the change.

"Best available control technology" or "BACT" means an emissions limitation (including a

visible emissions standard) based on the maximum degree of reduction for each regulated NSR

pollutant which would be emitted from any proposed major stationary source or major modification

which the Director, on a case-by-case basis, taking into account energy, environmental, and

economic impacts and other costs, determines is achievable for such source or modification through

application of production processes or available methods, systems, and techniques, including fuel

cleaning or treatment or innovative fuel combination techniques for control of such pollutant. In no

event shall application of BACT result in emissions of any pollutant which would exceed the

emissions allowed by any applicable standard under 40 CFR parts 60 and 61. If the Director

determines that technological or economic limitations on the application of measurement

methodology to a particular emissions unit would make the imposition of an emissions standard

infeasible, a design, equipment, work practice, operational standard or combination thereof, may be

prescribed instead to satisfy the requirement for the application of BACT. Such standard shall, to

the degree possible, set forth the emissions reduction achievable by implementation of such design,

equipment, work practice or operation, and shall provide for compliance by means which achieve

equivalent results.

"Clean coal technology" means any technology, including technologies applied at the

precombustion, combustion, or post combustion stage, at a new or existing facility which will

60
achieve significant reductions in air emissions of sulfur dioxide or oxides of nitrogen associated with

the utilization of coal in the generation of electricity, or process steam which was not in widespread

use as of November 15, 1990.

"Clean coal technology demonstration project" means a project using funds appropriated

under the heading "Department of Energy-Clean Coal Technology", up to a total amount of

$2,500,000,000 for commercial demonstration of clean coal technology, or similar projects funded

through appropriations for the EPA. The Federal contribution for a qualifying project shall be at

least 20% of the total cost of the demonstration project.

"Commence" means, as applied to construction of a major stationary source or major

modification, that the owner or operator has all necessary preconstruction approvals or permits and

either has:

(A) begun, or caused to begin, a continuous program of actual on-site construction of the

source, to be completed within a reasonable time; or,

(B) entered into binding agreements or contractual obligations, which cannot be cancelled

or modified without substantial loss to the owner or operator, to undertake a program of

actual construction of the source to be completed within a reasonable time.

"Construction" means any physical change or change in the method of operation (including

fabrication, erection, installation, demolition, or modification of an emissions unit) that would result

in a change in emissions.

"Continuous emissions monitoring system" or "CEMS" means all of the equipment that may

be required to meet the data acquisition and availability requirements to sample, condition (if

applicable), analyze, and provide a record of emissions on a continuous basis.

"Continuous emissions rate monitoring system" or "CERMS" means the total equipment

required for the determination and recording of the pollutant mass emissions rate (in terms of mass

per unit of time).

"Continuous parameter monitoring system" or "CPMS" means all of the equipment

necessary to meet the data acquisition and availability requirements to monitor process and control

device operational parameters (for example, control device secondaryvoltages and electric currents)

and other 2 2information (for example, gas flow rate, O , or CO concentrations), and to record average

operational parameter value(s) on a continuous basis.

"Electric utility steam generating unit" or "EUSGU" means any steam electric generating

unit that is constructed for the purpose of supplying more than one-third of its potential electric

output capacity and more than 25 MW electrical output to any utility power distribution system for

sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a

steam-electric generator that would produce electrical energy for sale is also considered in

determining the electrical energy output capacity of the affected facility.

"Emissions unit" means any part of a stationary source that emits or would have the potential

to emit any regulated NSR pollutant and includes an EUSGU. There are two types of emissions

units as described in paragraphs (A) and (B) of this definition.

(A) A new emissions unit is any emissions unit that is (or will be) newly constructed and

that has existed for less than 2 years from the date such emissions unit first operated.

(B) An existing emissions unit is any emissions unit that does not meet the requirements in

paragraph (A) of this definition. A replacement unit is an existing emissions unit.

"Federal Land Manager" means with respect to any lands in the United States, the Secretary

of the department with authority over such lands.

"High terrain" means any area having an elevation 900 feet or more above the base of the stack

of a source.

"Innovative control technology" means any system of air pollution control that has not been

adequately demonstrated in practice, but would have a substantial likelihood of achieving greater

continuous emissions reduction than any control system in current practice or of achieving at least

comparable reductions at lower cost in terms of energy, economics, or non-air quality environmental

impacts.

"Low terrain" means any area other than high terrain.

"Major modification" means:

61
(A) Any physical change in or change in the method of operation of a major stationary

source that would result in a significant emissions increase of a regulated NSR pollutant and

a significant net emissions increase of that pollutant from the major stationary source is a

major modification.

(i) Anysignificant emissions increase from anyemissions units or net emissions increase

at a major Xstationary source that is significant for VOC or NO shall be considered

significant for ozone.

(ii) A physical change or change in the method of operation shall not include:

(I) routine maintenance, repair and replacement;

(II) use of an alternative fuel or raw material by reason of any order under sections

2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or

any superseding legislation) or by reason of a natural gas curtailment plan pursuant

to the Federal Power Act;

(III) use of an alternative fuel by reason of an order or rule under section 125 of the

Act;

(IV) use of an alternative fuel at a steam generating unit to the extent that the fuel is

generated from municipal solid waste;

(V) use of an alternative fuel or raw material by a stationary source which the source

was capable of accommodating before January 6, 1975, (unless such change would

be prohibited under any enforceable permit condition which was established after

January 6, 1975) or the source is approved to use under any permit issued under 40

CFR 52.21 or OAC 252:100-7 or 252:100-8;

(VI) an increase in the hours of operation or in the production rate, unless such

change would be prohibited under any federally enforceable permit condition which

was established after January 6, 1975;

(VII) any change in source ownership;

(VIII) the installation, operation, cessation, or removal of a temporary clean coal

technology demonstration project, provided the project complies with OAC 252:100

and other requirements necessary to attain and maintain the NAAQS during the

project and after it is terminated;

(IX) the installation or operation of a permanent clean coal technology

demonstration project that constitutes repowering, provided that the project does not

result in an increase in the potential to emit of any regulated pollutant (on a pollutantby-pollutant basis) emitted by the unit; or

(X) the reactivation of a very clean coal-fired EUSGU.

(B) This definition shall not applywith respect to a particular regulated NSR pollutant when

the major stationarysource is complying with the requirements under OAC 252:100-8-38 for

a PAL for that pollutant. Instead, the definition of "PAL major modification" at 40 CFR

51.166(w)(2)(viii) shall apply.

"Major stationary source" means

(A) A major stationary source is:

(i) any of the following stationary sources of air pollutants which emits, or has the

potential to emit, 100 TPY or more of a regulated NSR pollutant:

(I) carbon black plants (furnace process),

(II) charcoal production plants,

(III) chemical process plants, (not including ethanol production facilities that produce

ethanol by natural fermentation included in NAICS codes 325193 or 312140),

(IV) coal cleaning plants (with thermal dryers),

(V) coke oven batteries,

(VI) fossil-fuel boilers (or combination thereof) totaling more than 250 million BTU

per hour heat input,

(VII) fossil fuel-fired steam electric plants of more than 250 million BTU per hour

heat input,

(VIII) fuel conversion plants,

(IX) glass fiber processing plants,

62
(X) hydrofluoric, sulfuric or nitric acid plants,

(XI) iron and steel mill plants,

(XII) kraft pulp mills,

(XIII) lime plants,

(XIV) municipal incinerators capable of charging more than 250 tons of refuse per

day,

(XV) petroleum refineries,

(XVI) petroleum storage and transfer units with a total storage capacity exceeding

300,000 barrels,

(XVII) phosphate rock processing plants,

(XVIII) portland cement plants,

(XIX) primary aluminum ore reduction plants,

(XX) primary copper smelters,

(XXI) primary lead smelters,

(XXII) primary zinc smelters,

(XXIII) secondary metal production plants,

(XXIV) sintering plants,

(XXV) sulfur recovery plants, or

(XXVI) taconite ore processing plants;

(ii) any other stationary source not on the list in (A)(i) of this definition which emits, or

has the potential to emit, 250 TPY or more of a regulated NSR pollutant;

(iii) any physical change that would occur at a stationary source not otherwise qualifying

as a major stationary source under this definition if the change would constitute a major

stationary source by itself.

X

(B) A major source that is major for VOC or NO shall be considered major for ozone.

(C) The fugitive emissions of a stationary source shall not be included in determining for

any of the purposes of this Part whether it is a major stationary source, unless the source

belongs to one of the following categories of stationary sources:

(i) the stationary sources listed in (A)(i) of this definition;

(ii) any other stationary source category which, as of August 7, 1980, is being regulated

under section 111 or 112 of the Act.

"Necessary preconstruction approvals or permits"meansthose permits or approvalsrequired

under all applicable air quality control laws and rules.

"Net emissions increase" means:

(A) with respect to any regulated NSR pollutant emitted by a major stationary source, the

amount by which the sum of the following exceeds zero:

(i) the increase in emissions from a particular physical change or change in the method

of operation at a stationary source as calculated pursuant to OAC 252:100-8-30(b); and,

(ii) any other increases and decreases in actual emissions at the major stationary source

that are contemporaneous with the particular change and are otherwise creditable. 

Baseline actual emissions for calculating increases and decreases under (A)(ii) of this

definition shall be determined as provided in the definition of "baseline actual

emissions", except that (B)(iii) and (C)(iv) of that definition shall not apply.

(B) An increase or decrease in actual emissions is contemporaneous with the increase from

the particular change only if it occurs within 3 years before the date that the increase from

the particular change occurs.

(C) An increase or decrease in actual emissions is creditable only if:

(i) it is contemporaneous; and

(ii) the Director has not relied on it in issuing a permit for the source under OAC 252:100-8, Part

7, which permit is in effect when the increase in actual emissions from the particular change

occurs.

(D) An increase or decrease in actual emissions of sulfur dioxide, particulate matter, or

nitrogen oxides that occurs before the applicable minor source baseline date is creditable

only if it is required to be considered in calculating the amount of maximum allowable

increases remaining available.

63
(E) An increase in actual emissions is creditable only to the extent that the new level of

actual emissions exceeds the old level.

(F) A decrease in actual emissions is creditable only to the extent that it meets all the

conditions in (F)(i) through (iii) of this definition.

(i) It is creditable if the old level of actual emissions or the old level of allowable

emissions, whichever is lower, exceeds the new level of actual emissions.

(ii) It is creditable if it is enforceable as a practical matter at and after the time that actual

construction on the particular change begins.

(iii) It is creditable if it has approximately the same qualitative significance for public

health and welfare as that attributed to the increase from the particular change.

(G) An increase that results from a physical change at a source occurs when the emissions

unit on which construction occurred becomes operational and begins to emit a particular

pollutant. Any replacement unit that requires shakedown becomes operational only after a

reasonable shakedown period, not to exceed 180 days.

(H) Paragraph (A) of the definition of "actual emissions" shall not apply for determining

creditable increases and decreases.

"Potential to emit" means the maximum capacity of a stationary source to emit a pollutant

under its physical and operational design. Any physical or operational limitation on the capacity of

the source to emit a pollutant, including air pollution control equipment and restrictions on hours of

operation or on the type or amount of material combusted, stored or processed, shall be treated as

part of its design if the limitation or the effect it would have on emissions is enforceable. Secondary

emissions do not count in determining the potential to emit of a stationary source.

"Predictive emissions monitoring system" or "PEMS" means all of the equipment necessary

to monitor process and control device operational parameters (for example, control device secondary

voltages and elec 2 2tric currents) and other information (for example, gas flow rate, O , or CO

concentrations), and calculate and record the mass emissions rate (for example, lb/hr) on a

continuous basis.

"Prevention of Significant Deterioration (PSD) program" means a major source

preconstruction permit program that has been approved by the Administrator and incorporated into

the plan to implement the requirements of 40 CFR 51.166, or the program in 40 CFR 52.21. Any

permit issued under such a program is a major NSR permit.

"Project" means a physical change in, or change in method of operation of, an existing major

stationary source.

"Projected actual emissions" means

(A) Projected actual emissions means the maximum annual rate, in TPY, at which an

existing emissions unit is projected to emit a regulated NSR pollutant in any one of the 5

years (12-month period) following the date the unit resumes regular operation after the

project, or in any one of the 10 years following that date, if the project involves increasing

the emissions unit's design capacity or its potential to emit that regulated NSR pollutant, and

full utilization of the unit would result in a significant emissions increase, or a significant net

emissions increase at the major stationary source.

(B) In determining the projected actual emissions under paragraph (A) of this definition

(before beginning actual construction), the owner or operator of the major stationary source:

(i) shall consider all relevant information, including but not limited to, historical

operational data, the company's own representations, the company's expected business

activity and the company's highest projections of business activity, the company's filings

with the State or Federal regulatoryauthorities, and compliance plans under the approved

plan; and

(ii) shall include fugitive emissions to the extent quantifiable and emissions associated

with start-ups, shutdowns, and malfunctions; and

(iii) shall exclude, in calculating any increase in emissions that results from the

particular project, that portion of the unit's emissions following the project that an

existing unit could have accommodated during the consecutive 24-month period used to

establish the baseline actual emissions and that are also unrelated to the particular

project, including any increased utilization due to product demand growth; or,

64
(iv) in lieu of using the method set out in (B)(i) through (iii) of this definition, may elect

to use the emissions unit's potential to emit, in TPY.

"Reactivation of a very clean coal-fired electric utility steam generating unit" means any

physical change or change in the method of operation associated with the commencement of

commercial operations by a coal-fired utility unit after a period of discontinued operation where the

unit:

(A) has not been in operation for the two-year period prior to the enactment of the Clean Air

Act Amendments of 1990, and the emissions from such unit continue to be carried in the

Department's emissions inventory at the time of enactment;

(B) was equipped prior to shutdown with a continuous system of emissions control that

achieves a removal efficiencyfor sulfur dioxide of no less than 85% and a removal efficiency

for particulates of no less than 98%;

X

(C) is equipped with low-NO burners prior to the time of commencement of operations

following reactivation; and

(D) is otherwise in compliance with the requirements of the Act.

"Regulated NSR pollutant" means

(A) A regulated NSR pollutant is:

(i) any pollutant for which a NAAQS has been promulgated and any pollutant identified

under (A)(i) of this definition as a constituent or precursor to such pollutant. Precursors

identified by the Administrator for purposes of NSR are the following:

(I) volatile organic compounds and nitrogen oxides are precursors to ozone in all

attainment and unclassifiable areas.

2.5 (II) sulfur dioxide is a precursor to PM in all attainment and unclassifiable areas.

2.5 (III) nitrogen oxides are presumed to be precursors to PM in all attainment and

unclassifiable areas, unless the State demonstrates to the EPA Administrator's

satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in

a 2.5 specific area are not a significant contributor to that area's ambient PM

concentrations.

2.5 (IV) volatile organic compounds are presumed not to be precursors to PM in any

attainment or unclassifiable area, unless the State demonstrates to the EPA

Administrator's satisfaction or EPA demonstrates that emissions of volatile organic

compounds from sources in a specific area are a significant contributor to that area's

ambient PM2.5 concentrations. 

(ii) any pollutant that is subject to any standard promulgated under section 111 of the

Act;

(iii) any Class I or II substance subject to a standard promulgated under or established

by title VI of the Act; or

(iv) any pollutant that otherwise is "subject to regulation" under the Act as defined in the

definition of "subject to regulation" in OAC 252:100-8-31; 

2.5 10 (v) PM emissions, PM emissions, and PM emissions shall include gaseous emissions

from a source or activity which condense to form particulate matter at ambient

temperatures. Such condensable particulate matter shall be accounted for in applicability

determinations and 2.5, 10in establishing emissions limitations for PM, PM and PM in PSD

permits.

(B) Regulated NSR pollutant does not include:

(i) any or all HAP either listed in section 112 of the Act or added to the list pursuant to

section 112(b)(2) of the Act, which have not been delisted pursuant to section 112(b)(3)

of the Act, unless the listed HAP is also regulated as a constituent or precursor of a

general pollutant listed under section 108 of the Act; or

(ii) any pollutant that is regulated under section 112(r) of the Act, provided that such

pollutant is not otherwise regulated under the Act.

"Replacement unit" means an emissions unit for which all the criteria listed in paragraphs (A)

through (D) of this definition are met. No creditable emission reduction shall be generated from

shutting down the existing emissions unit that is replaced.

65
(A) The emissions unit is a reconstructed unit within the meaning of 40 CFR 60.15(b)(1),

or the emissions unit completely takes the place of an existing emissions unit.

(B) The emissions unit is identical to or functionally equivalent to the replaced emissions

unit.

(C) The replacement unit does not alter the basic design parameter(s) of the process unit.

(D) The replaced emissions unit is permanently removed from the major stationary source,

otherwise permanently disabled, or permanently barred from operating by a permit that is

enforceable as a practical matter. If the replaced emissions unit is brought back into

operation, it shall constitute a new emissions unit.

"Repowering" means

(A) Repowering shall mean the replacement of an existing coal-fired boiler with one of the

following clean coal technologies: atmospheric or pressurized fluidized bed combustion,

integrated gasification combined cycle,magnetohydrodynamics, direct and indirect coal-fired

turbines, integrated gasification fuel cells, or as determined by the Administrator, in

consultation with the Secretary of Energy, a derivative of one or more of these technologies,

and any other technology capable of controlling multiple combustion emissions

simultaneously with improved boiler or generation efficiency and with significantly greater

waste reduction relative to the performance of technology in widespread commercial use as

of November 15, 1990.

(B) Repowering shall also include any oil and/or gas-fired unit which has been awarded

clean coal technology demonstration funding as of January 1, 1991, by the Department of

Energy.

(C) The Director shall give expedited consideration to permit applications for any source

that satisfies the requirements of this definition and is granted an extension under section 409

of the Act.

"Significant" means:

(A) In reference to a net emissions increase or the potential of a source to emit any of the

following pollutants, a rate of emissions that would equal or exceed any of the following

significant emission rates:

(i) carbon monoxide: 100TPY,

(ii) nitrogen oxides: 40 TPY,

(iii) sulfur dioxide: 40 TPY,

10

(iv) particulate matter: 25 TPY of particulate matter emissions or 15 TPY of PM

emissions,

2.5 2.5 (v) PM : 10 TPY of direct PM emissions; 40 TPY of sulfur dioxide emissions; or 40

TPY of nitrogen ox 2.5 ide emissions unless demonstrated not to be a PM precursor under

the definition of "regulated NSR pollutant",

X

(vi) ozone: 40 TPY of VOC or NO ,

(vii) lead: 0.6 TPY,

(viii) fluorides: 3 TPY,

(ix) sulfuric acid mist: 7 TPY,

2

(x) hydrogen sulfide (H S): 10 TPY,

2

(xi) total reduced sulfur (including H S): 10 TPY,

2

(xii) reduced sulfur compounds (including H S): 10 TPY,

(xiii) municipal waste combustor organics (measured as total tetra-through octachlorinated dibenzo-p-dioxins and dibenzofurans): 3.5 x 10 TPY, -6 

(xiv) municipal waste combustor metals (measured as particulate matter): 15 TPY,

(xv) municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen

chloride): 40 TPY,

(xvi) municipal solid waste landfill emissions (measured as nonmethane organic

compounds): 50 TPY.

(B) Any emissions rate or any net emissions increase associated with a major stationary

source or major modification which would construct within 6 miles of a Class I area, and

have an impact on such area equal to or greater than 1 μg/m (24-hour average). 3

"Significant emissions increase" means, for a regulated NSR pollutant, an increase in

emissions that is significant for that pollutant.

66
"Significant net emissions increase"means a significant emissions increase and a net increase.

"Stationary source" means any building, structure, facility or installation which emits or may

emit a regulated NSR pollutant.

"Subject to regulation" means, for any air pollutant, that the pollutant is subject to either a

provision in the federal Clean Air Act, or a nationally-applicable regulation codified by the EPA

Administrator in subchapter C of Chapter I of 40 CFR, that requires actual control of the quantity

of emissions of that pollutant, and that such a control requirement has taken effect and is operative

to control, limit, or restrict the quantity of emissions of that pollutant released from the regulated

activity. Except that:

(A) Greenhouse gases (GHG) shall not be subject to regulation except as provided in (D)

through (E) of this definition.

2

(B) For purposes of (C) through (E) of this definition, the term TPY CO equivalent

emissions 2(CO e) shall represent an amount of GHG emitted, and shall be computed as

follows:

(i) Multiplying the mass amount of emissions (in TPY), for each of the six greenhouse

gases in the pollutant GHG, by the gas' associated global warming potential (GWP)

published in Table A-1 to subpart A of 40 CFR Part 98 – Global Warming Potentials.

(ii) Summing the resultant value from (B)(i) of this definition for each gas to compute

a TPY CO2e.

(C) The term emissions increase as used in (D) through (E) of this definition shall mean that

both a significant emissions increase (as calculated using the procedures in OAC 252:100-8-

30(b)(1) through (5)) and a significant net emissions increase (as defined in the definitions

of "net emissions increase" and "significant" in 252:100-8-31) occur. For the pollutant

GHG, an emissions 2increase shall be based on TPY CO e, and shall be calculated assuming

the pollutant GHG is a regulated NSR pollutant, and "significant" is defined as 75,000 TPY

CO2e and the emissions are otherwise subject to regulation as previously described in this

definition.

(D) Beginning January 2, 2011, the pollutant GHG is subject to regulation if it meets the

other requirements of this definition and if:

(i) The stationary source is a new major stationary source for a regulated NSR pollutant

2

that is not GHG, and also will emit or will have the potential to emit 75,000 TPY CO e

or more; or

(ii) The stationary source is an existing major stationary source for a regulated NSR

pollutant that is not GHG, and also will have an emissions increase of a regulated NSR

pollutant, and an emissions increa 2se of 75,000 TPY CO e or more.

(E) Beginning July 1, 2011, in addition to the provisions in (D) of this definition, the

pollutant GHG shall also be subject to regulation:

(i) At a new stationary source that will emit or have the potential to emit 100,000 TPY

CO2e; or

(ii) At an existing stationary source that emits or has the potential to emit 100,000 TPY

CO2e, when such stationary source undertakes a physical change or change in the method

of operation that will result in an emissions increase 2 of 75,000 TPY CO e or more.

(F) If federal legislation or a federal court stays, invalidates, delays the effective date, or

otherwise renders unenforceable by the EPA, in whole or in part, the EPA's tailoring rule (75

FR 31514, June 3, 2010), endangerment finding (74 FR 66496, December 15, 2009), or lightduty vehicle greenhouse gas emission standard (75 FR 25686, May 7, 2010), this definition

shall be enforceable only to the extent that it is enforceable by the EPA.

"Temporary clean coal technology demonstration project" means a clean coal technology

demonstration project that is operated for a period of 5 years or less, and which complies with the

Oklahoma Air Pollution Control Rules in OAC 252:100 and other requirements necessary to attain

and/or maintain the NAAQS during and after the project is terminated.

252:100-8-32. Source applicability determination [REVOKED]

67
252:100-8-32.1. Ambient air increments and ceilings

(a) Ambient air increments. Increases in pollutant concentration over the baseline concentration

in Class I, II, or III areas shall be limited to those listed in OAC 252:100-3-4 regarding significant

deterioration increments.

(b) Ambient air ceilings. No concentration of a pollutant shall exceed whichever of the following

concentrations is lowest for the pollutant for a period of exposure:

(1) the concentration allowed under the secondary NAAQS, or

(2) the concentration permitted under the primary NAAQS.

252:100-8-32.2. Exclusion from increment consumption

The following cases are excluded from increment consumption.

(1) Concentrations from an increase in emissions from anystationarysource converting from the

use of petroleum products, natural gas, or both by reason of any order under sections 2(a) and

(b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding

legislation), or by reason of a natural gas curtailment plan pursuant to the Federal Power Act

shall be excluded.

(A) Such exclusion is limited to five years after the effective date of the order or plan

whichever is applicable.

(B) If both an order and a plan are applicable, the exclusion shall not applymore than five

years after the later of the effective dates.

(2) Emissions of particulate matter from construction or other temporary emission-related

activities of new or modified sources shall be excluded.

(3) A temporary increase of sulfur dioxide, particulate matter, or nitrogen oxides from any

stationary source by order or authorized variance shall be excluded. For purposes of this

exclusion any such order or variance shall:

(A) specify the time over which the temporary emissions increase would occur (not to

exceed 2 years in duration unless a longer time is approved by the Director);

(B) specify that the exclusion is not renewable;

(C) allow no emissions increase from a stationary source which would impact a Class I

area or an area where an applicable increment is known to be violated or cause or contribute

to the violation of a NAAQS; and

(D) require limitations to be in effect by the end of the time period specified in such order

or variance, which would ensure that the emissions levels from the stationary source affected

would not exceed those levels occurring from such source before the order or variance was

issued.

252:100-8-32.3. Stack heights

(a) Emission limitation of any air pollutant under this Part shall not be affected in any manner by:

(1) stack height of any source that exceeds good engineering practice, or

(2) any other dispersion technique.

(b) OAC 252:100-8-32.3(a) shall not apply with respect to stack heights in existence before

December 31, 1970, or to dispersion techniques implemented before then.

252:100-8-33. Exemptions

(a) Exemptions from the requirements of OAC 252:100-8-34 through 252:100-8-36.2.

(1) The requirements of OAC 252:100-8-34 through 252:100-8-36.2 do not apply to a particular

major stationary source or major modification if the source or modification is:

(A) a nonprofit health or nonprofit educational institution; or 

(B) major only if fugitive emissions, to the extent quantifiable, are included in calculating

the potential to emit and such source is not one of the categories listed in paragraph (C) of

the definition of "Major stationary source"; or

(C) a portable stationary source which has previously received a permit under the

requirements contained in OAC 252:100-8-34 through 252:100-8-36.2 and proposes to

68
relocate to a temporary new location from which its emissions would not impact a Class I

area or an area where an applicable increment is known to be violated.

(2) The requirements in OAC 252:100-8-34 through 252:100-8-36.2 do not apply to a major

stationary source or major modification with respect to a particular pollutant if the owner or

operator demonstrates that the source or modification is located in an area designated as

nonattainment for that pollutant under section 107 of the Act.

(b) Exemption from air quality impact analyses in OAC 252:100-8-35(a) and (c) and 252:100-

8-35.2.

(1) The requirements of OAC 252:100-8-35(a) and (c) and 252:100-8-35.2 are not applicable

with respect to a particular pollutant, if the allowable emissions of that pollutant from a new

source, or the net emissions increase of that pollutant from a modification, would be temporary

and impact no Class I area and no area where an applicable increment is known to be violated.

(2) The requirements of OAC 252:100-8-35(a) and (c) and 252:100-8-35.2 as they relate to any

PSD increment for a Class II area do not apply to a modification of a major stationary source that

was in existence on March 1, 1978, if the net increase in allowable emissions of each regulated

NSR pollutant from the modification after the application of BACT, would be less than 50 TPY.

(c) Exemption from air quality analysis requirements in OAC 252:100-8-35(c).

(1) The monitoring requirements of OAC 252:100-8-35(c) regarding air quality analysis are not

applicable for a particular pollutant if the emission increase of the pollutant from a proposed

major stationary source or the net emissions increase of the pollutant from a major modification

would cause, in any area, air quality impacts less than the following significant monitoring

concentrations (SMC):

(A) Carbon monoxide - 575 μg/m , 8-hour average, 3

(B) Nitrogen dioxide - 14 μg/m , annual average, 3

2.5 (C) PM - 4 ìg/m , 24-hour average, 3

10

(D) PM - 10 μg/m , 24-hour average, 3

(E) Sulfur dioxide -13 μg/m , 24-hour average, 3

(F) Ozone - no de minimis air quality level is provided for ozone, however any net increase

of 100 TPY or more of VOC or NOXsubject to PSD would require an ambient impact

analysis, including the gathering of ambient air quality data,

(G) Lead - 0.1 μg/m , 24-hour 3-month average, 3

(H) Fluorides - 0.25 μg/m , 24-hour average, 3

(I) Total reduced sulfur - 10 μg/m , 1-hour average, 3

(J) Hydrogen sulfide - 0.2 μg/m , 1-hour average, or 3

(K) Reduced sulfur compounds - 10μg/m , 1-hour average. 3

(2) The monitoring requirements of OAC 252:100-8-35(c) are not applicable for a particular

pollutant if the pollutant is not listed in preceding OAC 252:100-8-33(c)(1).

(d) Exemption from monitoring requirements in OAC 252:100-8-35(c)(1)(B) and (D).

(1) The requirements for air qualitymonitoring in OAC 252:100-8-35(c)(1)(B) and (D) shall not

apply to a particular source or modification that was subject to 40 CFR 52.21 as in effect on June

19, 1978, if a permit application was submitted on or before June 8, 1981, and the Director

subsequently determined that the application was complete except for the requirements in OAC

252:100-8-35(c)(1)(B) and (D). Instead, the requirements in 40 CFR 52.21(m)(2) as in effect on

June 19, 1978, shall apply to any such source or modification. 

(2) The requirements for air qualitymonitoring in OAC 252:100-8-35(c)(1)(B) and (D) shall not

apply to a particular source or modification that was not subject to 40 CFR 52.21 as in effect on

June 19, 1978, if a permit application was submitted on or before June 8, 1981, and the Director

subsequently determined that the application as submitted was complete, except for the

requirements in OAC 252:100-8-35(c)(1)(B) and (D).

(e) Exemption from the preapplication analysis required by OAC 252:100-8-35(c)(1)(A), (B),

and (D).

10

(1) The Director shall determine if the requirements for air quality monitoring of PM in OAC

252:100-8-35(c)(1)(A), (B), and (D) may be waived for a particular source or modification when

an application for a PSD permit was submitted on or before June l, 1988, and the Director

69
subsequently determined that the application, except for the requirements for monitoring

particulate matter under OAC 252:100-8-35(c)(1)(A), (B), and (D), was complete before that

date.

10

(2) The requirements for air quality monitoring of PM in OAC 252:100-8-35(c)(1)(B)(i),

252:100-8-35(c)(1)(D), and 252:100-8-35(c)(3)shall applyto a particular source or modification

if an application for a permit was submitted after June l, 1988, and no later than December 1,

1988. The data shall have been gathered over at least the period from February l, 1988, to the

date the application became otherwise complete in accordance with the provisions of OAC

252:100-8-35(c)(1)(C), except that if the Director determines that a complete and adequate

analysis can be accomplished with monitoring data over a shorter period (not to be less than 4

months), the data required by OAC 252:100-8-35(c)(1)(B)(ii) shall have been gathered over that

shorter period.

(f) Exemption from BACT requirements and air quality analyses requirements. If a complete

permit application for a source or modification was submitted before August 7, 1980 the

requirements for BACT in OAC 252:100-8-34 and the requirements for air quality analyses in OAC

252:100-8-35(c)(1) are not applicable to a particular stationary source or modification that was

subject to 40 CFR 52.21 as in effect on June 19, 1978. Instead, the federal requirements at 40 CFR

52.21 (j) and (n) as in effect on June 19, 1978, are applicable to any such source or modification.

(g) Exemption fromOAC 252:100-8-35(a)(1)(B).The permitting requirements ofOAC 252:100-8-

35(a)(1)(B) do not apply to a stationary source or modification with respect to any PSD increment

for nitrogen oxides if the owner or operator of the source or modification submitted a complete

application for a permit before February 8, 1988.

252:100-8-34. Control technology review

(a) Requirement to comply with rules and regulations. A major stationary source or major

modification shall meet each applicable emissions limitation under OAC 252:100 and each

applicable emission standard and standard of performance under 40 CFR parts 60 and 61.

(b) Requirement to apply best available control technology (BACT).

(1) A new major stationary source shall apply BACT for each regulated NSR pollutant that it

would have the potential to emit in significant amounts.

(2) A major modification shall applyBACT for each regulated NSR pollutant for which it would

be a significant net emissions increase at the source. This requirement applies to each proposed

emissions unit at which a net emissions increase in the pollutant would occur as a result of a

physical change or change in the method of operation in the unit.

(3) For phased construction projects the determination of BACT shall be reviewed and modified

at the discretion of the Director at a reasonable time but no later than 18 months prior to

commencement of construction of each independent phase of the project. At such time the

owner or operator may be required to demonstrate the adequacy of any previous determination

of BACT.

252:100-8-35. Air quality impact evaluation

(a) Source impact analysis (impact on NAAQS and PSD increment).

(1) Required demonstration. The owner or operator of the proposed source or modification

shall demonstrate that, as of the source's start-up date, allowable emissions increases from that

source or modification, in conjunction with all other applicable emissions increases or reductions

(including secondary emissions) would not cause or contribute to any increase in ambient

concentrations that would exceed:

(A) any NAAQS in any air quality control region; or 

(B) the remaining available PSD increment for the specified air contaminants in any area as

determined by the Director.

2.5 (2) Significant impact levels (SILs). For purposes of PM , the demonstration required in

OAC 252:100-8-35(a)(1) is deemed to have been made if the emissions increase from the new

stationary source alone or from the modification alone would cause, in all areas, air quality

impacts less than the following significant impact levels (SILs).

70
2.5 (A) The SILs for PM annual averaging time are 0.06 ìg/m for a Class I Area, 0.3 ìg/m 3 3

for a Class II Area, and 0.3 ìg/m for a Class III Area. 3

2.5 (B) The SILs for PM 24-hour averaging time are 0.07 ìg/m for a Class I Area, 1.2 ìg/m 3 3

for a Class II Area, and 1.2 ìg/m for a Class III Area. 3

(b) Air quality models.

(1) All estimates of ambient concentrations required under this Part shall be based on the

applicable air quality models, data bases, and other requirements specified in appendix W of 40

CFR 51 (Guideline on Air Quality Models) as it existed on January 2, 2006.

(2) Where an air qualitymodel specified in appendix W of 40 CFR 51 (Guideline on Air Quality

Models) as it existed on January 2, 2006, is inappropriate, the model may be modified or another

model substituted, as approved by the Administrator. Such a modification or substitution of a

model may be made on a case-by-case basis or, where appropriate, on a generic basis. Modified

or substitute models shall be submitted to the Administrator with written concurrence of the

Director. In addition, use of a modified or substituted model must be subject to notice and

opportunity for public comment under procedures set forth in Sec. 51.102 as it existed on

January 2, 2006.

(c) Air quality analysis.

(1) Preapplication analysis.

(A) Ambient air quality analysis. Any application for a permit under this Part shall

contain, as the Director determines appropriate, an analysis of ambient air quality in the area

that the major stationary source or major modification would affect for each of the following

pollutants:

(i) for a new source, each regulated pollutant that it would have the potential to emit in

a significant amount;

(ii) for a major modification, each regulated pollutant for which it would result in a

significant net emissions increase.

(B) Monitoring requirements.

(i) Non-NAAQS pollutants. For any such pollutant for which no NAAQS exists, the

analysis shall contain such air quality monitoring data as the Director determines is

necessary to assess the ambient air quality for that pollutant in that area.

(ii) NAAQS pollutants. For visibility and any pollutant, other than VOC, for which a

NAAQS does exist, the analysis shall contain continuous air quality monitoring data

gathered to determine if emissions of that pollutant would cause or contribute to a

violation of the NAAQS or any PSD increment.

(C) Monitoring method. With respect to any requirements for air quality monitoring of

PM10 under OAC 252:100-8-33(e)(1) and (2), the owner or operator of the source or

modification shall use a monitoring method approved by the Director and shall estimate the

ambient concentrations of PM10 using the data collected by such approved monitoring

method in accordance with estimating procedures approved by the Director.

(D) Monitoring period. In general, the required continuous air monitoring data shall have

been gathered over a period of up to one year and shall represent the year preceding

submission of the application. Ambient monitoring data gathered over a period shorter than

one year(but no less than four months) or for a time period other than immediately preceding

the application may be acceptable if such data are determined by the Director to be within

the time period that maximum pollutant concentrations would occur, and to be complete and

adequate for determining whether the source or modification will cause or contribute to a

violation of any applicable NAAQS or consume more than the remaining available PSD

increment.

(E) Monitoring period exceptions.

(i) Exceptions for applications that became effective between June 8, 1981, and

February 9, 1982. For any application which became complete except for the

monitoring requirements of OAC 252:100-8-35(c)(1)(B)(ii) and 252:100-8-35(c)(1)(D),

between June 8, 1981, and February 9, 1982, the data that 252:100-8-35(c)(1)(B)(ii)

71
requires shall have been gathered over the period from February 9, 1981, to the date the

application became otherwise complete, except that:

(I) If the source or modification would have been major for that pollutant under 40

CFR 52.21 as in effect on June 19, 1978, any monitoring data shall have been

gathered over the period required by those regulations.

(II) If the Director determines that a complete and adequate analysis can be

accomplished with monitoring data over a shorter period, not to be less than four

months, the data that OAC 252:100-8-35(c)(1)(B)(ii) requires shall have been

gathered over that shorter period.

(III) If the monitoring data would relate exclusively to ozone and would not have

been required under 40 CFR 52.21 as in effect on June 19, 1978, the Director may

waive the otherwise applicable requirements of OAC 252:100-8-35(c)(1)(E)(i) to the

extent that the applicant shows that the monitoring data would be unrepresentative

of air quality over a full year.

10

(ii) Monitoring period exception for PM . For any application that became complete,

except for the requirements of OAC 252:100-8-35(c)(1)(B)(ii) and 252:100-8-

35(c) 10(1)(D) pertaining to monitoring of PM , after December l, 1988, and no later than

August l, 1989, the data that 252:100-8-35(c)(1)(B)(ii) requires shall have been gathered

over at least the period from August l, 1988, to the date the application becomes

otherwise complete, except that if the Director determines that a complete and adequate

analysis can be accomplished with monitoring data over a shorter period (not less than

4 months), the data that 252:100-8-35(c)(1)(B)(ii) requires shall have been gathered over

that shorter period.

(F) Ozone post-approval monitoring. The owner or operator of a proposed major

stationary source or major modification of VOC who satisfies all conditions of OAC

252:100-8-54 and 40 CFR 51, Appendix S, Section IV as it existed on January 16, 1979, may

provide post-approval monitoring data for ozone in lieu of providing preconstruction data

as required under OAC 252:100-8-35(c)(1).

(2) Post-construction monitoring. The owner or operator of a new major stationary source or

major modification shall conduct, after construction, such ambient monitoring and visibility

monitoring as the Director determines is necessary to determine the effect its emissions may

have, or are having, on air quality in any area.

(3) Operation of monitoring stations. The operation of monitoring stations for any air quality

monitoring required under this Part shall meet the requirements of 40 CFR 58 Appendix B as

it existed January 2, 2006.

252:100-8-35.1. Source information

(a) The permit application for a proposed new major stationarysource or major modification subject

to this Part shall contain the construction permit application content required in OAC 252:100-8-4.

(b) In addition to the requirements of OAC 252:100-8-35.1(a), the owner or operator of a proposed

new major stationary source or major modification subject to this Part shall supply the following

information in the permit application.

(1) The owner or operator of a proposed source or modification shall submit all information

necessary to perform any analysis or make any determination required under this Part.

(2) The permit application shall contain a detailed description of the system of continuous

emission reduction planned for the source or modification, emission estimates, and any other

information necessary to determine that BACT as applicable would be applied.

(3) Upon request of the Director, the owner or operator shall also provide information on:

(A) the air quality impact of the source or modification, including meteorological and

topographical data necessary to estimate such impact; and

(B) the air quality impacts and the nature and extent of any or all general commercial,

residential, industrial, and other growth which has occurred since August 7, 1977, in the area

the source or modification would affect.

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252:100-8-35.2. Additional impact analyses

(a) Growth analysis. The permit application shall provide an analysis of the projected air quality

impact and impairment to visibility, soils, and vegetation as a result of the source or modification

and general commercial, residential, industrial, and other growth associated with the source or

modification.

(b) Visibility monitoring. The Director may require monitoring of visibility in any Federal Class

I area near the proposed new stationary source or major modification for such purposes and by such

means as the Director deems necessary and appropriate.

252:100-8-36. Source impacting Class I areas

(a) Class I area variance. Permits may be issued at variance to the limitations imposed on a Class

I area in compliance with the procedures and limitations established in State and Federal Clean Air

Acts.

(b) Notice to Federal Land Managers.

(1) The Director shall notify any affected Federal Land Manager of the receipt of any permit

application for a proposed major stationary source or major modification, emissions from which

may affect a Class I area. Such notification must be made in writing within 30 days of receipt

of an application for a permit to construct and at least 60 days prior to public hearing on the

application. The notification must include a complete copy of the permit application. The

Director shall also notify any affected Federal Land Manager within 30 days of receipt of any

advance notification of such permit application.

(2) The permit application will contain an analysis on the impairment of visibility and an

assessment of any anticipated adverse impacts on soils and vegetation in the vicinity of the

source resulting from construction of the source.

(c) Visibility analysis. Any analysis performed by the Federal Land Manager shall be considered

by the Director provided that the analysis is filed with the DEQ within 30 days of receipt of the

application by the Federal Land Manager. Where the Director finds that such an analysis does not

demonstrate to the satisfaction of the Director that an adverse impact on visibility will result in the

Federal Class I area, the Director will, in any notice of public hearing on the permit application,

either explain the decision or give notice as to where the explanation can be obtained.

(d) Permit denial. Upon presentation of good and sufficient information by a Federal Land

Manager, the Director may deny the issuance of a permit for a source, if the emissions will adversely

impact areas categorized as Class I areas even though the emissions would not cause the increment

for such Class I areas to be exceeded.

252:100-8-36.1. Public participation

See OAC 252:4 and O.S. §§ 27A-2-5-112 and 27A-2-14-101 to § 2-14-304.

252:100-8-36.2. Source obligation

(a) Obtaining and complying with preconstruction permits. Any owner or operator who

constructs or operates a source or modification not in accordance with the application submitted

pursuant to this Part or with the terms of any approval to construct, or any owner or operator of a

source or modification subject to this Part who commences construction after the effective date of

these regulations without applying for and receiving approval hereunder, shall be subject to

appropriate enforcement action.

(b) Consequences of relaxation of permit requirements. When a source or modification becomes

major solely by virtue of a relaxation in any enforceable permit limitation established after August

7, 1980, on the capacity of the source or modification to emit a pollutant, such as a restriction on

hours of operation, then the requirements of OAC 252:100-8, Parts 1, 3, 5, and 7 and 252:100-8-34

through 252:100-8-37 shall apply to that source or modification as though construction had not yet

commenced on it.

(c) Requirements when using projected actual emissions. The following specific provisions

apply to projects at existing emissions units at a major stationary source (other than projects at a

73
source with a PAL) when the owner or operator elects to use the method specified in (B)(i) through

(iii) of the definition of "projected actual emissions" for calculating projected actual emissions.

(1) Before beginning actual construction of the project, the owner or operator shall document

and maintain a record of the following information:

(A) A description of the project;

(B) Identification of the existing emissions unit(s) whose emissions of a regulated NSR

pollutant could be affected by the project; and

(C) A description of the applicability test used to determine that the project is not a major

modification for any regulated NSR pollutant, including the baseline actual emissions, the

projected actual emissions, the amount of emissions excluded under (B)(iii) of the definition

of "projected actual emissions" and an explanation for why such amount was excluded, and

any netting calculations, if applicable.

(2) If the emissions unit is an existing EUSGU, before beginning actual construction, the owner

or operator shall provide a copy of the information set out in OAC 252:100-8-36.2(c)(1) to the

Director. Nothing in OAC 252:100-8-36.2(c)(2) shall be construed to require the owner or

operator of such a unit to obtain any determination from the Director before beginning actual

construction.

(3) The owner or operator shall monitor the emissions of any regulated NSR pollutant that could

increase as a result of the project and that is emitted by any emissions unit identified in OAC

252:100-8-36.2(c)(1)(B); and calculate and maintain a record of the annual emissions, in TPY

on a calendar year basis, for a period of 5 years following resumption of regular operations after

the change, or for a period of 10 years following resumption of regular operations after the

change if the project increases the design capacity or potential to emit of that regulated NSR

pollutant at such emissions unit.

(4) If the unit is an existing EUSGU, the owner or operator shall submit a report to the Director

within 60 days after the end of each year during which records must be generated under OAC

252:100-8-36.2(c)(3) setting out the unit's annual emissions during the calendar year that

preceded submission of the report.

(5) If the unit is an existing unit other than an EUSGU, the owner or operator shall submit a

report to the Director if the annual emissions, in TPY, from the project identified in OAC

252:100-8-36.2(c)(1), exceed the baseline actual emissions (as documented and maintained

pursuant to 252:100-8-36.2(c)(1)(C)) by an amount that is significant for that regulated NSR

pollutant, and if such emissions differ from the preconstruction projection as documented and

maintained pursuant to 252:100-8-36.2(c)(1)(C). Such report shall be submitted to the Director

within 60 days after the end of such year. The report shall contain the following:

(A) The name, address and telephone number of the major stationary source;

(B) The annual emissions as calculated pursuant to OAC 252:100-8-36.2(c)(3); and

(C) Any other information that the owner or operator wishes to include in the report (e.g.,

an explanation as to why the emissions differ from the preconstruction projection).

(6) The owner or operator of the source shall make the information required to be documented

and maintained pursuant to OAC 252:100-8-36.2(c) available for review upon request for

inspection by the Director or the general public.

(7) The requirements of OAC 252:100-8-34 through 252:100-8-36.2 shall apply as if

construction has not yet commenced at any time that a project is determined to be a major

modification based on any credible evidence, including but not limited to emissions data

produced after the project is completed. In any such case, the owner or operator may be subject

to enforcement for failure to obtain a PSD permit prior to beginning actual construction.

(8) If an owner or operator materially fails to comply with the provisions of OAC 252:100-8-

36.2(c), then the calendar year emissions are presumed to equal the source's potential to emit.

252:100-8-37. Innovative control technology

(a) An applicant for a permit for a proposed major stationary source or major modification may

request the Director in writing to approve a system of innovative control technology.

(b) The Director may determine that the innovative control technology is permissible if:

74
(1) The proposed control system would not cause or contribute to an unreasonable risk to public

health, welfare or safety in its operation or function.

(2) The applicant agrees to achieve a level of continuous emissions reductions equivalent to that

which would have been required for BACT under OAC 252:100-8-34(b)(1) by a date specified

by the Director. Such date shall not be later than 4 years from the time of start-up or 7 years

from permit issuance.

(3) The source or modification would meet the requirements equivalent to those in OAC

252:100-8-34 and 252:100-8-35(a) based on the emissions rate that the stationary source

employing the system of innovative control technology would be required to meet on the date

specified by the Director.

(4) The source or modification would not, before the date specified, cause or contribute to any

violation of the applicable NAAQS, or impact any Class I area or area where an applicable

increment is known to be violated.

(5) All other applicable requirements including those for public participation have been met.

(6) The provisions of OAC 252:100-8-36 (relating to Class I areas) have been satisfied with

respect to all periods during the life of the source or modification.

(c) The Director shall withdraw approval to employ a system of innovative control technologymade

under OAC 252:100-8-37, if:

(1) The proposed system fails bythe specified date to achieve the required continuous emissions 

reduction rate; or,

(2) The proposed system fails before the specified date so as to contribute to an unreasonable

risk to public health, welfare or safety; or,

(3) The Director decides at any time that the proposed system is unlikely to achieve the required

level of control or to protect the public health, welfare or safety.

(d) If a source or modification fails to meet the required level of continuous emissions reduction

within the specified time period, or if the approval is withdrawn in accordance with OAC 252:100-8-

37(c), the Director may allow the source or modification up to an additional 3 years to meet the

requirement for application of BACT through the use of a demonstrated system of control.

252:100-8-38. Actuals PAL

(a) Incorporation by reference. With the exception of the definitions in OAC 252:100-8-38(c),

40 CFR 51.166(w), Actuals PALs, is hereby incorporated by reference, as it exists on July 2, 2007,

and does not include any subsequent amendments or editions to the referenced material.

(b) Inclusion of CFR citations and definitions. When a provision of Title 40 of the Code of

Federal Regulations (40 CFR) is incorporated by reference, all citations contained therein are also

incorporated by reference.

(c) Terminology related to 40 CFR 51.166(w). For purposes of interfacing with 40 CFR, the

following terms apply.

(1) "Baseline actual emissions" is synonymous with the definition of "baseline actual emissions"

in OAC 252:100-8-31.

(2) "Building, structure, facility, or installation" is synonymous with the definition of "building,

structure, facility, or installation" in OAC 252:100-1-3.

(3) “EPA" is synonymous with Department of Environmental Quality (DEQ) unless the context

clearly indicates otherwise.

(4) "Major modification" is synonymous with the definition of "major modification" in OAC

252:100-8-31.

(5) "Net emissions increase" is synonymous with the definition of "net emissions increase" in

OAC 252:100-8-31.

(6) "Reviewing authority" is synonymous with "Director".

(7) "State implementation plan" is synonymous with OAC 252:100.

(8) "Volatile organic compound (VOC)" is synonymous with the definition of "volatile organic

compound" or "VOC" in OAC 252:100-1-3.

252:100-8-39. Severability

75
If any provision of this Part, or the application of such provision to any person or circumstance,

is held invalid, the remainder of this Part, or the application of such provision to persons or

circumstances other than those as to which it is held invalid, shall not be affected thereby.

PART 9. MAJOR SOURCES AFFECTING NONATTAINMENT AREAS

252:100-8-50. Applicability

(a) General applicability.

(1) The requirements of this Part shall apply to the construction of any new major stationary

source or major modification which would locate in or affect a nonattainment area located in

Oklahoma, designated under section 107(d)(1)(A)(i) of the Act, if the stationary source or

modification is major for the pollutant for which the area is designated nonattainment.

(2) The requirements of OAC 252:100-8, Parts 1, 3, and 5 also apply to the construction of any

new major stationary source or major modification.

(3) In addition, the requirements of a PSD review (OAC 252:100-8, Part 7) would be applicable

if any regulated NSR pollutant other than the nonattainment pollutant is emitted in significant

amounts by that source or modification.

(b) Major modification.

(1) Major modification applicability determination.

(A) Except as otherwise provided in OAC 252:100-8-50(c), and consistent with the

definition of "major modification" contained in OAC 252:100-8-51, a project is a major

modification for a regulated NSR pollutant if it causes two types of emissions increases:

(i) a significant emissions increase, and

(ii) a significant net emissions increase.

(B) The project is not a major modification if it does not cause a significant emissions

increase. If the project causes a significant emissions increase, then the project is a major

modification only if it also results in a significant net emissions increase.

(2) Calculating significant emissions increase and significant net emissions increase. The

procedure for calculating whether a significant emissions increase will occur depends upon the

type of emissions unit(s) being modified, according to OAC 252:100-8-50(b)(3) through (5). 

This is the first step in determining if a proposed modification would be considered a major

modification. The procedure for calculating whether a significant net emissions increase will

occur at the major stationary source is contained in the definition of "net emissions increase" in

OAC 252:100-8-50.1 and 252:100-8-51. This is the second step in the process of determining

if a proposed modification is a major modification. Both steps occur prior to the beginning of

actual construction. Regardless of any such preconstruction projections, a major modification

results if the project causes a significant emissions increase and a significant net emissions

increase.

(3) Actual-to-projected-actual applicability test for projects that only involve existing

emissions units. A significant emissions increase of a regulated NSR pollutant is projected to

occur if the sum of the difference between the projected actual emissions and the baseline actual

emissions, as applicable, for each existing emissions unit, equals or exceeds the amount that is

significant for that pollutant.

(4) Actual-to-potential test for projects that only involve construction of a new emissions

unit(s). A significant emissions increase of a regulated NSR pollutant is projected to occur if

the sum of the difference between the potential to emit from each new emissions unit following

completion of the project and the baseline actual emissions of these units before the project

equals or exceeds the amount that is significant for that pollutant.

(5) Hybrid test for projects that involve multiple types of emissions units. A significant

emissions increase of a regulated NSR pollutant is projected to occur if the sum of the emissions

increases for each emissions unit, using the method specified in OAC 252:100-8-50(b)(3) and

(4) as applicable with respect to each emissions unit, for each type of emissions unit equals or

exceeds the amount that is significant for that pollutant.

76
(c) Plantwide applicability limitation (PAL). Major stationary sources seeking to obtain or

maintain a PAL shall comply with requirements under OAC 252:100-8-56.

252:100-8-50.1. Incorporation by reference

(a) Inclusion of CFR citations and definitions. When a provision of Title 40 of the Code of

Federal Regulations (40 CFR) is incorporated by reference, all citations contained therein are also

incorporated by reference.

(b) Terminology related to 40 CFR. When these terms are used in rules incorporated by reference

from 40 CFR, the following terms or definitions shall apply.

(1) "Baseline actual emissions" is synonymous with the definition of "baseline actual emissions"

in OAC 252:100-8-31.

(2) "Building, structure, facility, or installation" is synonymous with the definition of "building,

structure, facility, or installation" in OAC 252:100-1-3.

(3) "EPA" is synonymous with Department of Environmental Quality (DEQ) unless the context

clearly indicates otherwise.

(4) "Major modification" is synonymous with the definition of "major modification" in OAC

252:100-8-51.

(5) "Net emissions increase" is synonymous with the definition of "net emissions increase" in

OAC 252:100-8-51.

(6) "Regulated NSR pollutant" is synonymous with the definition of "regulated NSR pollutant"

in OAC 252:100-8-51.

(7) "Reviewing authority" is synonymous with "Director".

(8) "Secondary emissions" is synonymous with the definition of "secondary emissions" in OAC

252:100-8-1.1.

(9) "State implementation plan" is synonymous with OAC 252:100.

(10) "Volatile organic compound (VOC)" is synonymous with the definition of "volatile organic

compound" or "VOC" in OAC 252:100-1-3.

252:100-8-51. Definitions

The definitions in 40 CFR 51.165(a)(1) are herebyincorporated byreference as they exist on July

1, 2010, except for the definitions found at 40 CFR 51.165(a)(1)(xxxv) "baseline actual emissions";

(ii) "building, structure, facility, or installation"; (xlv) "fixed capital cost"; (xliv) "functionally

equivalent component"; (v) "major modification"; (vi) "net emissions increase"; (xliii) "process

unit"; (xxxvii) "regulated NSR pollutant"; (xxxviii) "reviewing authority"; (viii) "secondary

emissions"; (xlvi) "total capital investment"; and (xix) "volatile organic compound (VOC)". With

the exception of "reviewing authority", "fixed capital cost", "functionally equivalent component",

"process unit", and "total capital investment", these terms are defined in OAC 252:100-8-31,

252:100-8-51, or 252:100-1-3. The following words and terms, when used in this Part, shall have

the following meaning, unless the context clearly indicates otherwise.

"Major modification" means:

(A) Any physical change in, or change in the method of operation of, a major stationary

source that would result in a significant emissions increase of a regulated NSR pollutant and

a significant net emissions increase of that pollutant from the major stationary source is a

major modification.

(i) Any significant emissions increase from any emissions unit or net emissions increase

at a major Xstationary source that is significant for VOC and/or oxides of nitrogen (NO )

shall be considered significant for ozone.

(ii) A physical change or change in the method of operation shall not include: 

(I) routine maintenance, repair and replacement;

(II) use of an alternative fuel or raw material by reason of any order under sections

2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or

any superseding legislation) or by reason of a natural gas curtailment plan pursuant

to the Federal Power Act;

77
(III) use of an alternative fuel by reason of an order or rule under section 125 of the

Act;

(IV) use of an alternative fuel at a steam generating unit to the extent that the fuel is

generated from municipal solid waste;

(V) use of an alternative fuel or raw material by a source which the source was

capable of accommodating before December 21, 1976, unless such change would be

prohibited under any federally enforceable permit condition which was established

after December 21, 1976, or the source is approved to use under any permit issued

under 40 CFR 52.21 or OAC 252:100-7 or 8;

(VI) an increase in the hours of operation or in the production rate unless such change

would be prohibited under any federally enforceable permit condition which was

established after December 21, 1976;

(VII) any change in source ownership;

(VIII) the installation, operation, cessation, or removal of a temporary clean coal

technology demonstration project, provided that the project complies with OAC

252:100 and other requirements necessary to attain and maintain the NAAQS during

the project and after it is terminated.

(B) This definition shall not applywith respect to a particular regulated NSR pollutant when

the major stationarysource is complying with the requirements under OAC 252:100-8-56 for

a PAL for that pollutant. Instead the definition at 40 CFR 51.165(f)(2)(viii) shall apply.

(C) Forthe purpose of applying the requirements of OAC 252:100-8-54.1(a) to modifications

at major Xstationary sources of NO located in ozone nonattainment areas or in ozone

transport regions (as defined in 42 U.S.C. § 7511c), whether or not subject to subpart 2, part

D, Xtitle I of the Act, any significant net emissions increase of NO is considered significant

for ozone.

(D) Any physical change in, or change in the method of operation of, a major stationary

source of VOCs that results in any increase in emissions of VOCs from any discrete

operation, emissions unit, or other pollutant emitting activity at the source shall be

considered a significant net emissions increase and a major modification for ozone, if the

major stationary source is located in an extreme ozone nonattainment area that is subject to

subpart 2, part D, title I of the Act.

"Net emissions increase" means:

(A) With respect to any regulated NSR pollutant emitted by a major stationary source, net

emissions increase shall mean the amount by which the sum of the following exceeds zero:

(i) the increase in emissions from a particular physical change or change in the method

of operation at a stationary source as calculated pursuant to OAC 252:100-8-50(b); and,

(ii) any other increases and decreases in actual emissions at the major stationary source

that are contemporaneous with the particular change and are otherwise creditable.

Baseline actual emissions for calculating increases and decreases under (A)(ii) of this

definition shall be determined as provided in the definition of "baseline actual

emissions", except that (B)(iii) and (C)(iv) of that definition shall not apply.

(B) An increase or decrease in actual emissions is contemporaneous with the increase from

the particular change only if it occurs within 3 years before the date that the increase from

the particular change occurs.

(C) An increase or decrease in actual emissions is creditable only if:

(i) it is contemporaneous; and

(ii) the Director has not relied on it in issuing a permit under OAC 252:100-8, Part 9,

which permit is in effect when the increase in actual emissions from the particular change

occurs.

(D) An increase in actual emissions is creditable only to the extent that the new level of

actual emissions exceeds the old level.

(E) A decrease in actual emissions is creditable only to the extent that:

(i) the old level of actual emissions or the old level of allowable emissions, whichever

is lower, exceeds the new level of actual emissions;

78
(ii) it is enforceable as a practical matter at and after the time that actual construction on

the particular change begins;

(iii) the Director has not relied on it in issuing any permit under OAC 252:100; and,

(iv) it has approximately the same qualitative significance for public health and welfare

as that attributed to the increase from the particular change.

(F) An increase that results from a physical change at a source occurs when the emission unit

on which construction occurred becomes operational and begins to emit a particular

pollutant. Any replacement unit that requires shakedown becomes operational after a

reasonable shakedown period, not to exceed 180 days.

(G) Paragraph 40 CFR 51.165(a)(1)(xii)(B) of the definition of "actual emissions" shall not

apply for determining creditable increases and decreases or after a change.

"Regulated NSR pollutant" for purposes of this Part, means any or all of the following:

(A) Nitrogen oxides or volatile organic compounds;

(B) Any pollutant for which a NAAQS has been promulgated;

(C) Any pollutant that is identified under this paragraph as a constituent or precursor of a

general pollutant listed under paragraph (A) or (B) of this definition, provided that such

constituent or precursor pollutant may only be regulated under NSR as part of regulation of

the general pollutant. Precursors identified by the Administrator for purposes of NSR are the

following:

(i) Volatile organic compounds and nitrogen oxides are precursors to ozone in all ozone

nonattainment areas.

2.5 2.5 (ii) Sulfur dioxide is a precursor to PM in all PM nonattainment areas.

2.5 2.5 (iii) Nitrogen oxides are presumed to be precursors to PM in all PM nonattainment

areas, unless the State demonstrates to the Administrator's satisfaction or EPA

demonstrates that emissions of nitrogen oxides from sources in a specific area are not a

2.5 significant contributor to that area's ambient PM concentrations.

(iv) Volatile organic compounds and ammonia are presumed not to be precursors to 

PM2.5 2.5 in any PM nonattainment area, unless the State demonstrates to the

Administrator's satisfaction or EPA demonstrates that emissions of volatile organic

compounds or ammonia from sources in a specific area are a significant contributor to

2.5 that area's ambient PM concentrations, or

2.5 10

(D) PM emissions and PM emissions, including gaseous emissions from a source or

activity which condense to form particulate matter at ambient temperatures. Such

condensable particulate matter shall be accounted for in applicability determinations and in

establishing emissions 2.5 10limitations for PM and PM in nonattainment major NSR permits.

252:100-8-51.1. Emissions reductions and offsets

(a) The requirements in 40 CFR 51.165(a)(3) regarding emissions reductions and offsets are hereby

incorporated by reference as they exist on July 2, 2007.

(b) The requirements in subsection 40 CFR 51.165(a) (9) dealing with offset ratios are hereby

incorporated by reference as they exist on July 1, 2010.

(c) The requirements in 40 CFR 51.165(a)(11) regarding emission offsets are hereby incorporated

by reference as they exist on July 1, 2011.

252:100-8-52. Applicability determination for sources in attainment areas causing or

contributing to NAAQS violation

(a) The requirements in 40 CFR 51.165(b) regarding a source located in an attainment or

unclassifiable area but causing or contributing to a NAAQS violation are hereby incorporated by

reference as they exist on December 20, 2010.

(b) Sources of VOC located outside a designated ozone nonattainment area will be presumed to

have no significant impact on the designated nonattainment area. If ambient monitoring indicates

that the area of source location is in fact nonattainment, then the source may be granted its permit

since the area has not yet been designated nonattainment.

79
(c) Sources locating in an attainment area but impacting on a nonattainment area above the

significant levels listed in OAC 252:100-8-52(a) are exempted from the condition of OAC 252:100-

8-54(4)(A).

(d) The determination whether a source or modification will cause or contribute to a violation of an

applicable ambient air qualitystandard forsulfur dioxide, particulate matter or carbon monoxide will

be made on a case-by-case basis as of the proposed new source's start-up date by an atmospheric

simulation model. Forsources of nitrogen oxides the model can be used for an initial determination

assuming all the nitric oxide emitted is oxidized to nitrogen dioxide by the time the plume reaches

ground level, and the initial concentration estimates will be adjusted if adequate data are available

to account for the expected oxidation rate.

(e) The determination as to whether a source would cause or contribute to a violation of applicable

ambient air quality standards will be made on a case-by-case basis as of the new source's start-up

date. Therefore, if a designated nonattainment area is projected to be attainment as part of the state

implementation plan control strategy by the new source start-up date, offsets would not be required

if the new source would not cause a new violation.

252:100-8-53. Exemptions

(a) The requirements in 40 CFR 51.165(a)(4) regarding exemption of fugitive emissions in

determining if a source or modification is major are hereby incorporated by reference as they exist

on July 2, 2007.

(b) Nonattainment area requirements do not apply to a particular source or modification locating in

or impacting on a nonattainment area if the source or modification was not subject to 40 CFR Part

51, Appendix S (emission offset interpretative ruling) as it existed on January 16, 1979, and the

source:

(1) obtained all final federal and state construction permits before August 7, 1980;

(2) commenced construction within 18 months from August 7, 1980, or any earlier time required

by the State Implementation Plan; and,

(3) did not discontinue construction for a period of 18 months or more and completed

construction within a reasonable time.

(c) Secondary emissions are excluded in determining the potential to emit. However, upon

determination of the Director, if a source is subject to the requirements on the basis of its direct

emissions, the applicable requirements must also be met for secondary emissions but the source

would be exempt from the conditions of OAC 252:100-8-52(d) and 252:100-8-54(1) through

252:100-8-54(3). Also, the indirect impacts of mobile sources are excluded.

(d) As specified in the applicable definitions, the requirements of Part 7 for PSD and Part 9 for

nonattainment areas of this Subchapter are not applicable to a modification if the existing source was

not major on August 7, 1980, unless the proposed addition to the existing minor source is major in

its own right.

252:100-8-54. Requirements for sources located in nonattainment areas

In the event a major source or modification would be constructed in an area designated as

nonattainment for a pollutant for which the source or modification is major, approval shall be

granted only if the following conditions are met:

(1) The new source must demonstrate that it has applied control technology which the Director,

on a case-by-case basis, determines is achievable for a source based on the lowest achievable

emission rate (LAER) achieved in practice by such category of source (i.e., lowest achievable

emission rate as defined in the Act).

(2) If the Director determines that imposition of an enforceable numerical emission standard is

infeasible due to technological or economic limitations on measurement methodology, a design,

equipment, work practice or operational standard, or combination thereof, may be prescribed as

the emission limitation rate.

(3) The owner or operator of the new source must demonstrate that all other major sources

owned or operated by such person in Oklahoma are in compliance, or are meeting all steps on

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a schedule for compliance, with all applicable limitations and standards under Oklahoma and

Federal Clean Air Acts.

(4) The owner or operator of the new source must demonstrate that upon commencing

operations:

(A) The emissions from the proposed source and all other sources permitted in the area

do not exceed the planned growth allowable for the area designated in the State

Implementation Plan; or,

(B) The total allowable emissions from existing sources in the region and the emissions

from the proposed source will be sufficiently less than the total emissions from existing

sources allowed under the State Implementation Plan at the date of construction permit

application so as to represent further progress toward attainment or maintenance of the

ambient air quality standards in the problem area.

(5) The owner or operator may present with the application an analysis of alternate sites, sizes

and production processes for such proposed source.

252:100-8-54.1 Ozone and PM-10 precursors

(a) Ozone. The requirements of Part 9 of OAC 252:100-8 applicable to major stationary sources

and major modifications of VOCs Xshall apply to NO emissions from major stationary sources and

major modifications of NOXin an ozone transport region (as defined in 42 U.S.C. § 7511c) or in any

ozone nonattainment area, except in ozone nonattainment areas or in portions of an ozone transport

X

region where the Administrator has granted a NO waiver applying the standards set forth under

section 182(f) of the Act and the waiver continues to apply.

(b) PM-10 precursors. The requirements of Part 9 of OAC 252:100-8 applicable to major

stationarysources and major modifications of PM-10 shall also applyto major stationarysources and

major modifications of PM-10 precursors, except where the Administrator determines that such

sources do not contribute significantly to PM-10 levels that exceed the PM-10 ambient standards in

the area.

252:100-8-55. Source obligation

(a) Construction permits required. An owner or operator shall obtain a construction permit prior

to commencing construction of a new major stationary source or major modification.

(b) Responsibility to comply and the consequences of relaxation of permit conditions. The

requirements in 40 CFR 51.165(a)(5) regarding the responsibility to comply with applicable local

State or Federal law and the consequences of becoming a major source by virtue of a relaxation in

any enforcement limitation are hereby incorporated by reference as they exist on July 2, 2007.

(c) Requirements when using projected actual emissions.

(1) The specific provisions in 40 CFR 51.165(a)(6)(i) through (v) (as they exist on July 2, 2007) 

shall apply to projects at existing emissions units at a major stationary source (other than projects

at a source with a PAL) when the owner or operator elects to use the methods specified in the

definition of "projected actual emissions" at 40 CFR 51.165(a)(1)(xxviii)(B)(1) through (3) for

calculating projected actual emissions.

(2) The requirements in 40 CFR 51.165(a)(6)(i) through (v) are herebyincorporated byreference

as they exist on July 2, 2007

(d) Availability of information. The requirements in 40 CFR 51.165(a)(7) regarding availability

of information required to document the use of projected actual emissions for determining if a

project is a major modification are hereby incorporated by reference as they exist on July 2, 2007.

252:100-8-56. Actuals PAL

The requirements in 40 CFR 51.165(f) regarding actuals PAL except for the terminology

contained in OAC 252:100-8-50.1(b), are hereby incorporated by reference as they exist on July 2,

2007.

252:100-8-57. Severability

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If any provision of this Part, or the application of such provision to any person or circumstance,

is held invalid, the remainder of this Part, or the application of such provision to persons or

circumstances other than those as to which it is held invalid, shall not be affected thereby.

PART 11. VISIBILITY PROTECTION STANDARDS

252:100-8-70. Applicability

This Part applies to any BART-eligible source (existing stationary facility as defined in OAC

252:100-8-71) which may reasonably be anticipated to cause or contribute to visibility impairment

at any mandatory Class I Federal area.

252:100-8-71. Definitions

The following words and terms when used in this Part shall have the following meaning, unless

the context clearly indicates otherwise. All terms used in this Part that are not defined in this

Subsection shall have the meaning given to them in OAC 252:100-1-3, 252:100-8-1.1, 252:100-8-31,

or in the Oklahoma Clean Air Act.

"BART-eligible source" means an existing stationary facility as defined in this Section.

"Best Available Retrofit Technology" or "BART" means an emission limitation based on the

degree of reduction achievable through the application of the best system of continuous emission

reduction for each pollutant which is emitted by a BART-eligible source. The emission limitation

must be established on a case-by-case basis, taking into consideration the technology available, the

costs of compliance, the energy and non-air quality environmental impacts of compliance, any

pollution control equipment in use or in existence at the source, the remaining useful life of the

source, and the degree of improvement in visibility which may reasonably be anticipated to result

from the use of such technology.

"Deciview" means a measurement of visibility impairment. A deciview is a haze index derived

from calculated light extinction, such that uniform changes in haziness correspond to uniform

incremental changes in perception across the entire range of conditions, from pristine to highly

impaired. The deciview haze index is calculated based on the following equation (for the purposes

of calculating deciview, the atmospheric light extinction coefficient must be calculated from aerosol

mea e ext extsurements): Deciview haze index=10 ln (b /10 Mm ); where b =the atmospheric light !1

extinction coefficient, expressed in inverse megameters (Mm ). !1

"Existing stationary facility" means any of the following stationary sources of air pollutants,

including any reconstructed source, which was not in operation prior to August 7, 1962, and was in

existence on August 7, 1977, and has the potential to emit 250 TPY or more of any air pollutant. 

In determining potential to emit, fugitive emissions, to the extent quantifiable, must be counted.

(A) Fossil-fuel fired steam electric plants of more than 250 million Btu/hr input,

(B) Coal cleaning plants (thermal dryers),

(C) Kraft pulp mills,

(D) Portland cement plants,

(E) Primary zinc smelters,

(F) Iron and steel mill plants,

(G) Primary aluminum ore reduction plants,

(H) Primary copper smelters,

(I) Municipal incinerators capable of charging more than 250 tons of refuse per day,

(J) Hydrofluoric, sulfuric, and nitric acid plants,

(K) Petroleum refineries,

(L) Lime plants,

(M) Phosphate rock processing plants,

(N) Coke oven batteries,

(O) Sulfur recovery plants,

(P) Carbon black plants (furnace process),

(Q) Primary lead smelters,

(R) Fuel conversion plants,

(S) Sintering plants,

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(T) Secondary metal production facilities,

(U) Chemical process plants,

(V) Fossil-fuel boilers of more than 250 million Btu per hour heat input,

(W) Petroleum storage and transfer facilities with a capacity exceeding 300,000 barrels,

(X) Taconite ore processing facilities,

(Y) Glass fiber processing plants, and

(Z) Charcoal production facilities

"In existence" means that the owner or operator has obtained all necessary preconstruction

approvals or permits required by the Department and EPA and either has:

(A) begun, or caused to begin, a continuous program of physical on-site construction of

the facility; or

(B) entered into binding agreements or contractual obligations which cannot be cancelled

or modified without substantial loss to the owner or operator to undertake a program of

construction of the facility to be completed in a reasonable time.

"In operation" means engaged in activity related to the primary design function of the source.

"Integral vista" means a view perceived from within the mandatory Class I Federal area of a

specific landmark or panorama located outside the boundary of the mandatory Class I Federal area.

"Mandatory Class I Federal area" means any area identified in 40 CFR part 81, subpart D.

"Potential to emit" means the maximum capacity of a stationary source to emit a pollutant

under its physical and operational design. Any physical or operational limitation on the capacity of

the source to emit a pollutant including air pollution control equipment and restrictions on hours of

operation or on the type or amount of material combusted, stored, or processed, shall be treated as

part of its design if the limitation or the effect it would have on emissions is federally enforceable. 

Secondary emissions do not count in determining the potential to emit of a stationary source.

"Reasonably attributable" means attributable byvisual observation or any other technique the

Department deems appropriate.

"Secondary emissions" means emissions which occur as a result of the construction or

operation of a BART-eligible source but do not come from the BART-eligible source. Secondary

emissions may include, but are not limited to, emissions from ships or trains coming to or from the

BART-eligible source.

"Visibility in any mandatory Class I Federal area" includes anyintegral vista associated with

that area.

252:100:8-72. Incorporation by reference

Appendix Y, Guidelines for BART Determinations Under the Regional Haze Rule, of 40 CFR

51 is hereby incorporated by reference as it exists July 6, 2005.

252:100-8-73. BART applicability

(a) Each BART-eligible source that emits any air pollutant which may reasonably be anticipated to

cause or contribute to visibility impairment in any mandatory Class I Federal area is subject to

BART. This shall be determined using the criteria in Section III of Appendix Y of 40 CFR 51 in

effect on July 6, 2005. Thresholds for visibility impairment are set forth in OAC 252:100-8-73(a)(1)

and (2).

(1) A source that is responsible for an impact of 1.0 deciview or more is considered to cause

visibility impairment.

(2) A source that causes an impact greater than 0.5 deciviews contributes to visibility

impairment.

(b) Air pollutants emitted by sources in Oklahoma which may reasonably be anticipated to cause or

contribute X 2to visibility impairment in any mandatoryClass I Federal area are NO , SO , PM-10, and

PM-2.5.

(c) The owner or operator of a BART-eligible source may request and obtain a waiver from the

Department that a BART determination is not required:

2 X

(1) for SO or for NO if the BART-eligible source has the potential to emit less than 40 TPY

of such pollutant(s),

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(2) for PM-10 if the BART-eligible source has the potential to emit less than 15 TPY of such

pollutant, or

(3) if the owner or operator of the BART–eligible source demonstrates by modeling, in

accordance with a protocol approved by the Director, that a source does not emit any air pollutant

which may reasonably be anticipated to cause or contribute to visibility impairment in any

mandatory Class I Federal area.

252:100-8-74. Exemption from BART requirements

(a) The owner or operator of any BART-eligible source subject to the requirements of this Part to

install, operate, and maintain BART may apply to the Administrator for exemption from that

requirement.

(b) Should the owner or operator of a BART-eligible sourcewish to apply for exemption as provided

for in 40 CFR 51.303, such application must be accompanied by a written concurrence from the

Director.

252:100-8-75. Visibility standards for existing stationary facilities

(a) The owner or operator of a BART-eligible source that emits any air pollutant which causes or

contributes to visibility impairment in any mandatory Class I Federal area shall establish emissions

limitations by the application of BART.

(1) The determination of BART must be based on an analysis of the best system of continuous

emission control technology available and associated emission reduction achievable for each

BART-eligible source that is subject to BART.

(2) Afterthe level of control that represents BART is determined, an emission limit representing

this level of control must be established.

(3) BART may be established as design, equipment, work practice, or other operational

standards or combination thereof, when limitations on measurement technologiesmake emission

standards infeasible, if such application achieves equivalent results. Such standard, to the degree

possible, shall set forth the emission reduction to be achieved and must provide for compliance

by means which achieve equivalent results.

(b) The determination of BART shall be made pursuant to the guidelines in Appendix Y of 40 CFR

51 in effect on July 6, 2005.

(c) The owner or operator of a BART-eligible source shall submit to the Director by December 1,

2006:

(1) an application for a waiver pursuant to OAC 252:100-8-73, or

(2) an application for an exemption pursuant to OAC 252:100-8-74.

(d) A BART-eligible source that has not applied for a waiver pursuant to OAC 252:100-8-73 or an

exemption pursuant to OAC 252:100-8-74 shall submit to the Director a BART determination by

March 30, 2007.

(e) The owner or operator of each BART-eligible source subject to BART shall install and operate

BART no later than five years after EPA approves the Oklahoma Regional Haze SIP.

(f) The owner or operator of each source subject to BART shall maintain the control equipment

required by this Part and establish procedures to ensure such equipment is properly and continuously

operated and maintained.

(g) The owner or operator of any BART-eligible source that might cause or contribute to visibility

impairment in any mandatory Class I Federal area must provide a BART analysis at such times, as

determined by the Administrator, as new technology for control of the pollutant becomes reasonably

available if:

(1) the pollutant is emitted by that BART-eligible source;

(2) controls representing BART for the pollutant have not previously been required under this

Part; and

(3) the visibility impairment in any mandatory Class I Federal area is reasonably attributable to

the emissions of that pollutant.

252:100-8-76. Permit requirements

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The BART requirements for any BART-eligible source that is subject to BART shall be

submitted to the Director in an application for a permit modification pursuant to OAC 252:100-8-7.2

no later than March 30, 2007.

252:100-8-77. Cap and/or trade program

Nothing in this rule precludes the establishment of a cap and/or trade program that will achieve

greater reasonable progress than would be achieved through the installation and operation of BART.

252:100-8-78. Modeling

All modeling required by this Part shall be performed in accordance with a protocol approved

by the Director.

SUBCHAPTER 9. EXCESS EMISSION REPORTING REQUIREMENTS

Section

252:100-9-1. Purpose

252:100-9-1.1. Applicability

252:100-9-2. Definitions

252:100-9-3. General reporting requirements [REVOKED]

252:100-9-3.1. Excess emission reportingrequirements[AMENDEDANDRENUMBEREDTO

252:100-9-7]

252:100-9-3.2 [RESERVED]

252:100-9-3.3. Demonstration of cause [AMENDED AND RENUMBERED TO 252:100-9-8]

252:100-9-4. Maintenance procedures [REVOKED]

252:100-9-5. Malfunctions and releases [REVOKED]

252:100-9-6. Excesses resulting from engineering limitations [REVOKED]

252:100-9-7. Excess emission reporting requirements

252:100-9-8. Affirmative defenses

252:100-9-1. Purpose

This Subchapter sets forth requirements for the reporting of excess emissions and establishes

affirmative defense provisions for facility owners and operators for excess emissions.

252:100-9-1.1. Applicability

This subchapter applies to the owners and operators of air contaminant sources that are subject

to emission limitations in OAC 252:100, an enforceable permit, an administrative order or a judicial

order.

252:100-9-2. Definitions

The following words and terms, when used in this subchapter, shall have the following meaning,

unless the context clearly indicates otherwise:

"Bypass" means intentionally avoiding the use of air pollution control equipment.

"Excess emissions" means the emission of regulated air pollutants or opacity in excess of an

applicable limitation or requirement as specified in the applicable rule(s), enforceable permit, 

administrative or judicial order. This term does not include fugitive VOC emissions covered by an

existing leak detection and repair program that is required by a federal or state regulation.

"Excess emission episode" means a continuous period of excess emissions occurring from one

emission unit.

"Excess emission event" means the period of time during which excess emissions occurred,

either continuously or intermittently, as a result of the same primary cause. An excess emission

event may include one or more excess emission episodes.

"Primary cause" means the fundamental aspect of the cause that can logically be identified. 

In the event of a series of causes, one leading to another, the fundamental cause is the primary cause.

85
"Working day" means 8:00 a.m. to 4:30 p.m. each day except Saturday, Sunday, or a legal

holiday for state employees as proclaimed by the Governor.

252:100-9-3. General reporting requirements [REVOKED]

Agency Note: Amended and moved to 252:100-9-3.1 and 100-9-3.3.

252:100-9-3.1. Excess emission reporting requirements[AMENDEDAND RENUMBERED

TO 252:100-9-7]

252:100-9-3.2. [RESERVED]

252:100-9-3.3. Demonstration of cause [AMENDED AND RENUMBERED TO

252:100-9-8]

252:100-9-4. Maintenance procedures [REVOKED]

Agency Note: Amended and moved to 100-9-3.3.

252:100-9-5. Malfunctions and releases [REVOKED]

Agency Note: Amended and moved to 100-9-3.3.

252:100-9-6. Excesses resulting from engineering limitations [REVOKED]

Agency Note: Amended and moved to 100-9-3.3.

252:100-9-7. Excess emission reporting requirements

(a) Immediate notice. Except as provided in OAC 252:100-9-7(a)(1), the owner or operator of a

source of excess emissions shall notify the Director as soon as possible but no later than 4:30 p.m.

the following working day of the first occurrence of excess emissions in each excess emission event. 

Notification maybe made bytelephone (1-877-277-6236), byemail(excessemissions@deq.ok.gov),

by web (http://www.deq.state.ok.us/excessemissions) or by other method as approved in writing by

the Director prior to the excess emission event.

(1) Immediate notification shall not be required for:

(A) excess emission events with a primary cause of startup or shutdown as defined in

OAC 252:100-1-3; or

(B) excess emissions that do not exceed ten percent (10%) opacity above the applicable

opacity limit or standard; or

(C) excess emissions that do not exceed ten percent (10%) of the applicable non-opacity

emission limit or standard and are less than two hundred (200) pounds of the relevant

regulated pollutant during any twenty-four (24) hour period.

(2) In any event, no excess emission shall be exempt from the immediate notification

requirements of OAC 252:100-9-7(a), if the emission is:

(A) in excess of a limit of a hazardous air pollutant as defined in OAC 252:100-7-1.1 or

a toxic air contaminant as listed in Appendix O of this Chapter; or

(B) in excess of a limit of a criteria pollutant or ozone precursor emitted from a source

located in an area designated as nonattainment for the relevant criteria pollutant.

(3) Any required immediate notice shall include:

(A) the company name,

(B) the facility name,

(C) the event date,

(D) the event start time,

(E) the emission unit,

(F) the primary cause, if known, and

86
(G) the opacity and/or pollutant(s) emitted.

(4) If an immediate notice is submitted and the owner or operator discovers that no excess

emission has occurred, the owner or operator shall retract the immediate notice in writing within

thirty (30) days of submission of the immediate notice.

(b) Excess emission event report. No later than thirty (30) calendar days after the start of any

excess emission event, the owner or operator of an air contaminant source from which excess

emissions have occurred shall submit a report for each excess emission event describing the extent

of the event and the actions taken by the owner or operator of the facility in response to this event. 

After receiving a written request prior to the thirty (30) day deadline, the Director may grant an

extension. The report shall include:

(1) The date and start time of each excess emission event.

(2) The start time and duration of each excess emission episode in the excess emission event.

(3) The common name and the permit established identifier(s) from which the excess emissions

occurred.

(4) The applicable authorized emission limits, related to the air contaminant sources involved

in the event, including:

(A) any applicable permit number(s) and condition(s); and/or

(B) any applicable rule, administrative order provision, or judicial order provision.

(5) The amount by which the total emissions exceeded the applicable limitation or requirement,

expressed in units of the applicable limitation or requirement, including the data and calculations

used to compute the magnitude of said event. Include the total mass of any quantifiable air

contaminants released in excess of the applicable limitation or requirement. Good practice and

methods must be used to provide reasonably accurate representations for excess emissions.

(6) The primary cause of the event, including the reason for any relevant startup or shutdown.

(7) The immediate action taken to address the excess emission event and the corrective action(s)

taken to address the primary cause of the excess emission event. If no corrective actions are

taken, the report shall include a detailed explanation for that conclusion.

(8) The corrective action(s) taken to address a reoccurrence of the excess emission event.

(9) Any additional information that may be requested by the Division.

(c) Ongoing events. If an excess emission event is ongoing at the time the excess emission event

report required by OAC 252:100-9-7(b) is submitted, the owner or operator shall submit a final

excess emission event report within thirty (30) calendar days after the end of the ongoing event. If

an excess emission event is ongoing for one or more calendar quarters, the owner or operator shall

file updated excess emission event reports within thirty (30) calendar days after the end of each

calendar quarter until the event has ended. The updated reports shall be clearly identified as updated

reports.

(d) Alternative reporting. Owners or operators of air contaminant sources subject to the excess

emission reporting requirements of OAC 252:100-9-7(b) and the reporting requirements of 40 CFR

Parts 60, 61 and 63 may submit a written request to the Director for a case-by-case determination

allowing alternative reporting. The written request shall include an alternative reporting plan and

explain the extent to which the federal reporting requirements duplicate the requirements of this

subchapter. A written determination on an alternative reporting request shall be made within ninety

(90) days after such request is received by the Director. If no determination is made within the

ninety (90) day period, the owner or operator making such request may operate under the proposed

alternative reporting plan until the Director issues a determination.

(e) Certificate of truth, accuracy and completeness required. Any report filed pursuant to this

subchapter shall contain a certification of truth, accuracy and completeness. This certification shall

include an original signature by a responsible official or designee and shall contain the following

language: "I certify, based on information and belief formed after reasonable inquiry, the statements

and information in this document are true, accurate and complete."

252:100-9-8. Affirmative defenses

(a) General. All periods of excess emissions regardless of cause are violations of the Act and rules

promulgated thereunder, the Oklahoma Clean Air Act and rules promulgated thereunder, and

applicable permit or other authorization of the DEQ. An affirmative defense is provided to owners

87
and operators for civil or administrative penalty actions for excess emissions during periods of

startup, shutdown and malfunction.

(b) Affirmative defenses for excess emissions during malfunctions. To establish the affirmative

defense and to be relieved of a civil or administrative penalty in any action to enforce an applicable

requirement, the owner or operator of the facility must meet the requirements of OAC 252:100-9-7

and establish by a preponderance of the evidence:

(1) The excess emissions were caused by a sudden and not reasonably preventable breakdown

of air pollution control equipment or process equipment, or the failure of a process to operate in

the normal or usual manner.

(2) The excess emissions did not stem from any activity or event that could have been planned

for or reasonably foreseen and avoided.

(3) Repairs were made as expeditiously as possible.

(4) The amount and duration of the excess emissions, including any bypass, were minimized to

the extent practicable during periods of such emissions.

(5) Reasonable steps were taken to minimize the impact of the excess emissions on ambient air

quality.

(6) The reason(s) any monitoring systems were not kept in operation, if applicable. 

(7) The owner or operator's actions during the period of excess emissions were documented by

contemporaneous operating logs or other relevant evidence.

(8) The excess emissions were not part of a recurring pattern indicative of inadequate design,

operation or maintenance.

(9) To the maximum extent practicable, the air pollution control equipment or process equipment

was maintained and operated in a manner consistent with good practice for minimizing

emissions; provided, however, that this provision shall not be construed to automatically require

the shutdown of process equipment to minimize emissions.

(c) Affirmative defenses for excess emissions during startup and shutdown. To establish the

affirmative defense and to be relieved of a civil or administrative penalty in any action to enforce an

applicable requirement, the owner or operator of the facility must meet the requirements of OAC

252:100-9-7 and establish by a preponderance of the evidence:

(1) The periods of excess emissions that occurred during startup and shutdown were short and

infrequent and could not have been prevented through reasonable planning and design.

(2) The excess emissions were not part of a recurring pattern indicative of inadequate operation

or maintenance.

(3) If the excess emissions were caused by a bypass, the bypass was unavoidable to prevent loss

of life, personal injury or severe property damage.

(4) The frequency and duration of operation in startup and shutdown periods were minimized

to the extent practicable.

(5) Reasonable steps were taken to minimize the impact of excess emissions on ambient air

quality.

(6) The reason(s) any monitoring systems were not kept in operation, if applicable.

(7) The owner or operator's actions during the period of excess emissions were documented by

contemporaneous operating logs or other relevant evidence.

(8) The facility was operated in a manner consistent with good practice for minimizing

emissions; provided, however, that this provision shall not be construed to require the use or

installation of additional or redundant pollution control equipment not otherwise required and

that this provision shall not be construed to automatically require the shutdown of process

equipment to minimize emissions.

(d) Affirmative defenses prohibited. The affirmative defense provisions of this section shall not

be available for:

(1) Claims for injunctive relief.

(2) SIP limits or permit limits that have been set taking into account potential emissions during

startup and shutdown, including, but not limited to, limits that indicate they apply during startup

and shutdown, and limits that explicitly indicate they apply at all times or without exception.

(3) Excess emissions that cause an exceedance of the NAAQS or PSD increments.

88
(4) Failure to meet federally promulgated emission limits, including, but not limited to, 40 CFR

Parts 60, 61 and 63.

(5) Violations of requirements that derive from 40 CFR Parts 60, 61 and 63.

(e) Affirmativedefense determination. In making anydetermination whether a source established

an affirmative defense, the Director shall consider the information within the notification required

in OAC 252:100-9-7 and any other information the Director deems necessary and relevant, which

may include, but is not limited to, physical inspection of the facility and review of documentation

pertaining to the maintenance and operation of emission units and air pollution control equipment. 

This section should not be construed as limiting EPA or citizens' authority under the Act.

SUBCHAPTER 11. ALTERNATIVE EMISSIONS REDUCTION PLANS AND

AUTHORIZATIONS

Section

252:100-11-1. Purpose

252:100-11-2. Definitions

252:100-11-3. Applicability

252:100-11-4. Application for alternative emissions reduction plan authorizations

252:100-11-5. Emissions reduction requirements and limitations

252:100-11-6. Authorization procedures

252:100-11-7. Duty to comply

252:100-11-1. Purpose

The purpose of this Subchapter is to provide facilities located within the state an alternative

means for reducing the total burden of regulated air pollutants released into the atmosphere.

252:100-11-2. Definitions

The following words and terms, when used in this Subchapter, shall have the followingmeaning,

unless the context clearly indicates otherwise.

"Actual emissions" for purposes of this Subchapter, means the lowest emission rate in tons per

year at which the facility actually emitted a specific pollutant during the three-year period

immediately preceding the date of the alternative emissions reduction plan. The DEQ may allow the

use of a different time period upon a determination that it is more representative of normal

operations.

"Affected emission point" for purposes of this Subchapter, means an emission point that will

undergo an emissions reduction or emissions increase in an alternative emissions reduction plan.

"Affected pollutant" for purposes of this Subchapter, means any regulated air pollutant that is

reduced or increased as a result of the implementation of an alternative emissions reduction plan.

"Net emissions reduction" means the amount by which emissions from a facility will be

reduced in an alternative emissions reduction plan. Net emissions reduction shall be calculated by

subtracting the emissions of a specific pollutant allowed under an alternative emissions reduction

plan from the facility's actual emissions, potential emissions, the emissions allowed under the

operating permit, or the emissions allowed by rule, whichever is least.

"Potential emissions" for purposes of this Subchapter, means the level of emissions a source

emits when operating at maximum capacity considering enforceable reductions from air pollution

controls and other enforceable restrictions such as hours of operation, types of raw material or fuel,

etc.

252:100-11-3. Applicability

The procedures detailed in this Subchapter shall be available to all air contaminant sources

located within the state except those precluded by federal law or federal regulation (e.g., PSD,

NESHAP, or NSPS) provided:

(1) the facility is either in compliance with all applicable state air pollution control rules, or

(2) if the facility is not in compliance with any emission limit or standard, the petition filed

pursuant to the provisions of this Subchapter constitutes a commitment to achieve a net

89
emissions reduction from the facility as a whole that is equal to or greater than the amount by

which the emission limit or standard is exceeded.

252:100-11-4. Application for alternative emissions reduction plan authorizations

(a) Filing. A facility seeking to operate under an alternative emissions reduction plan (referred to

as the plan) shall submit an application for authorization to the DEQ.

(b) Content. An alternative emissions reduction plan application shall include, but shall not be

limited to:

(1) identification of the applicant facility by name and location;

(2) the name, address, and telephone/fax numbers of the owner or operator of the applicant

facility;

(3) the permit number under which each affected emission point is presently operating or, if the

affected emission point is grandfathered from permit requirements, the date emissions of each

affected pollutant from each affected emission point commenced; 

(4) a narrative of the proposed plan including a description of the means and methods to achieve

the proposed alternative reductions;

(5) the specific requirement for which an exemption is being requested and whythat requirement

cannot or is not being met;

(6) a plot plan of all the emission points at the facility identifying the affected emission points

within the facility and all affected pollutants emitted from each emission point, clearly marking

the measured distance between each affected emission point, showing the stack height of each

emission point or proposed emission point, showing the location of existing air pollution control

equipment and the particular emission points controlled by this equipment, and showing the

proposed location of any new control equipment to be added as a result of the implementation

of the alternative emissions reduction plan and the emission points to be controlled by this new

equipment;

(7) the actual emission levels of all affected pollutants from each emission point;

(8) estimated levels of any affected pollutant to be emitted should the authorization be issued

including estimates of the levels of affected pollutants to be emitted from each emission point

considered and control strategies and/or equipment that will be implemented to control emission

levels;

(9) identification of all affected pollutants according to individual chemical components; 

(10) as applicable, identification of particulate matter according to both chemical components

and particle size;

(11) modeling/monitoring data substantiating the current ambient levels of all affected

pollutants, and if required, modeling demonstrating that the plan will not cause or contribute to

a violation of the NAAQS;

(12) the method utilized in calculating the projected emissions levels;

(13) if the applicant facility is out of compliance with any emission standard or limit, a

compliance plan which includes dates and milestones for implementation of the elements of the

alternative emissions reduction plan;

(14) the net emission reduction as defined in OAC 252:100-11-2, and;

(15) any other information required by the application form.

(c) Multiple facilities. If the application includes more than one facility under the control of the

applicant, located on contiguous or adjacent property, and affecting the same airshed, in addition to

the information required in OAC 252:100-11-4(b), the application shall include a plot plan showing

the physical relationship of the facilities with the measured distance between the facilities clearly

marked.

252:100-11-5. Emissions reduction plan requirements and limitations

(a) Requirements.

(1) An acceptable alternative emissions reduction plan must result in a net emissions reduction,

that is, a reduction in the facility's actual emissions of all regulated air pollutants for which the

plan is proposed. (This does not include air pollutants that are increased due to control

equipment or strategy.) This means that a facility must reduce emissions of these regulated air

90
pollutants by an amount that brings the air burden to a level less than it would be if the facility

were in compliance. The exact amount of the net emissions reduction will be set on a case by

case basis, taking into account the status ofthe area, topography, weather conditions, surrounding

business/residential factors, etc. The plan must conform to the following requirements.

(A) A net emissions reduction as defined in OAC 252:100-11-2 must be shown as a result

of the control strategies proposed in the application.

(B) Facility-wide increases in any regulated air pollutants that result from the

implementation of the plan shall comply with limits, standards, and requirements applicable

to the emission points involved.

(C) The plan shall not cause or contribute to a violation of the NAAQS for any regulated

air pollutant.

(D) The plan shall contain enforceable methods of measurement, monitoring, and

reporting.

(E) Plans involving Part 70 sources located in Nonattainment Areas, in addition to the

requirement in OAC 252:100-11-5(a)(1)(A), (B), (C), and (D) must include a commitment

to install, maintain, and operate RACT, as defined by applicable rules, or other control

measures that would achieve equivalent reductions.

(2) Multiple facilities under the control of the same owner or operator may be included in the

plan if the facilities are located on contiguous or adjacent property and the emissions from all

the facilities involved affect the same airshed. In addition to the requirements of OAC 252:100-

11-5(a)(1), the owner or operator must demonstrate byair qualitymodeling that the increases and

decreases in facility emissions will not adversely affect air quality in the area impacted by the

affected emission points and that the plan will result in the same or better air quality level

overall.

(b) Limitation. The following limitations shall apply to all alternative emissions reduction plans:

(1) Net emissions reduction trade-offs will not be authorized across established pollutant

categories; e.g., sulfur emissions may not be traded for hydrocarbon emissions.

(2) Net emissions reduction trade-offs of particulate matter will be authorized only if the tradeoff results in a net reduction in particulate matter of equal or smaller average aerodynamic

diameter.

252:100-11-6. Authorization procedures

(a) Determination. Within 30 days after receipt of all information required to accomplish the

analysis of an application for an alternative emissions reduction plan, the DEQ will make a

determination whether the plan should be authorized, authorized with conditions or not authorized.

(b) Petition for recommendation to revise SIP, public notice, and Council hearing.

(1) Upon a determination to authorize but prior to authorization, the applicant shall file a petition

with the DEQ seeking a hearing and recommendation by the Air Quality Council for a

corresponding revision to the SIP.

(2) The applicant shall notify the public of the public hearing for an alternative emissions

reduction plan by methods contained in OAC 252:4-7-13.

(3) The public notice, as specified, will be sufficient to notify all sub-state entities and their

representatives of the proposed recommendation for SIP revision.

(4) At such a hearing before the Air QualityCouncil, the applicant shall bearthe burden of proof.

(c) Major source. In the case of a major source, as defined by the Federal Clean Air Act, that might

impact the air quality of a neighboring State, the comment period for that State is extended to a 60

day period as required by Section 126 of the Federal Clean Air Act, 42 U.S.C. Section 7426.

(d) Plan authorization. Following receipt of the Air Quality Council's recommended revision of

the SIP, the DEQ shall issue the plan authorization.

252:100-11-7. Duty to comply

(a) Upon issuance of the authorization for the alternative emissions reduction plan by the DEQ, the

owner or operator shall be bound by the terms and conditions therein.

(b) Any owner or operator who violates the terms or conditions in the authorized plan shall be

subject to enforcement under the Oklahoma Clean Air Act.

91
 SUBCHAPTER 13. OPEN BURNING

Section

252:100-13-1. Purpose

252:100-13-2. Definitions

252:100-13-3. Scope [REVOKED]

252:100-13-4. Effective date [REVOKED]

252:100-13-5. Open burning prohibited

252:100-13-6. Salvage operations utilizing open burning prohibited [REVOKED]

252:100-13-7. Allowed open burning

252:100-13-8. [RESERVED]

252:100-13-9. General conditions and requirements for allowed open burning

252:100-13-10. Disaster relief

252:100-13-11. Responsibility for consequences of open burning

252:100-13-1. Purpose

The purpose of this Subchapter is to control the open burning of refuse and other combustible

materials.

252:100-13-2. Definitions

The following words and terms, when used in this Subchapter, shall have the followingmeaning,

unless the context clearly indicates otherwise:

"Combustible materials" means any substance which will readily burn and shall include those

substances which, although generally considered incombustible, are or may be included in the mass

of the material burned or to be burned.

"Domestic refuse"means combustible materials or refuse that normallyresult from the function

of life at a residence, such as kitchen garbage, untreated lumber, cardboard boxes, packaging,

clothing, grass, leaves, and branch trimmings. It does not include such things as tires, non-wood

construction debris, furniture, carpet, electrical wire, and appliances.

"Fire training" means a fire purposely set as part of an organized program of drills for the

training of firefighting personnel or for testing firefighting materials or equipment, which is part of

a recognized training program.

"Human-made structure" means any structure constructed with the intent of providing shelter

to persons or property. It does not include structures constructed specifically for live-burn fire

training purposes.

"Land clearing operation" means the uprooting, cutting, or clearing of vegetation in

preparation for the construction of buildings, the development of residential, commercial,

agricultural, or industrial properties, and for the construction and maintenance of right-of-ways. It

does not include the clearing of vegetation such as trimmings, fallen limbs, branches, or leaves, or

other wastes from routine property maintenance activities.

"Open burning" means the burning of combustible materials in such a mannerthat the products

of combustion are emitted directly to the outside atmosphere.

"Open-pit incinerator" means a device consisting of a pit (into which the material to be

combusted is placed) and nozzles, pipes, and other appurtenances designed and arranged in a manner

to deliver additional air and/or auxiliary fuel to, or near, the zone of combustion so that theoretically

complete combustion is accomplished or approached.

"Products of combustion" means all particulate and gaseous air contaminants emitted as a

result of the burning of refuse and combustible materials.

"Refuse" means garbage, rubbish, domestic refuse and all other wastes generated by a trade,

business, industry, building operation, or household.

"Yard brush" means cut or broken branches, leaves, limbs, shrubbery, or tree trimmings. It

does not include refuse, grass clippings, in-ground tree stumps, or any non-vegetative material.

252:100-13-3. Scope [REVOKED]

92
252:100-13-4. Effective date [REVOKED]

252:100-13-5. Open burning prohibited

The open burning of refuse and combustible materials is prohibited unless conducted in strict

accordance with the conditions and requirements contained in 252:100-13-7 and 252:100-13-9. 

Under no circumstances shall the open burning of tires be allowed.

252:100-13-6. Salvage operations utilizing open burning prohibited [REVOKED]

252:100-13-7. Allowed open burning

When not prohibited by law or ordinance, the following types of burning are allowed, provided

the conditions and requirements in 252:100-13-9 have been met:

(1) Fire training. Open burning of human-made structures for the purpose of fire training is

allowed as provided for in Oklahoma Clean Air Act, 27A O.S., § 2-5-106.1. Industrial and

commercial facilities and fire training schools conducting on-site live burn fire training are not

subject to this provision.

(2) Elimination of hazards. Provided prior authorization is obtained from the local fire chief,

open burning is allowed for the elimination of:

(A) A fire hazard that cannot be abated by any other means.

(B) A dangerous or hazardous material when there is no other practical or lawful method

of abatement or disposal if authorization is also received from the DEQ prior to such

burning.

(3) Recreational and ceremonial fires. Open burning is allowed for camp fires and other fires

used solely for recreational purposes, ceremonial occasions, or non-commercial preparation

of food.

(4) Land management and land clearing operations. Open burning is allowed for the

following land management and land clearing operations.

(A) Fires purposely set to forest, crop or range lands for a specific reason in the

management of forests, crops or game, in accordance with practices recommended by the

Oklahoma Department of Wildlife Conservation, the Oklahoma State Department of

Agriculture, and the United States Forest Service.

(B) Fires purposely set for land clearing operations if conducted at least 500 feet upwind

of any occupied residence other than those located on the property on which the burning is

conducted, except that such burning must be conducted in open-pit incinerators in counties

or areas that are or have been designated nonattainment.

(5) Burning of domestic refuse. Where no collection and disposal service is reasonably

available, domestic refuse may be burned on the property where the waste is generated.

(6) Hydrocarbon burning. Open burning of hydrocarbons is allowed for:

(A) The disposal of spilled hydrocarbons or the waste products of oil exploration,

development, refining or processing operations which cannot be feasibly recovered or

otherwise disposed of in a legal manner. Notice must be given to the DEQ prior to such

burning.

(B) The disposal of waste hydrocarbons through a flare. The owner or operator shall be

required to use a smokeless flare if a condition of air pollution is determined to exist by the

DEQ.

(7) Open-pit incinerator. Except for hazardous material, any combustible material or refuse

that is allowed to be burned under this Subchapter may be burned in an open-pit incinerator that

is properly designed and operated for the control of smoke and particulate matter. The owner

or operator of the open-pit incinerator shall not accept any material owned by other persons and

shall not transport any material to the property where the open-pit incinerator is located in order

to burn the material.

(8) Yard brush. Yard brush may be burned on the property where the waste is generated.

252:100-13-8. [RESERVED]

93
252:100-13-9. General conditions and requirements for allowed open burning

The open burning of refuse and other combustible material may be conducted only if the

following conditions and requirements are met:

(1) No public nuisance is or will be created.

(2) The burning is controlled so that a visibility hazard is not created on any roadway, rail track

or air field as a result of the air contaminants being emitted.

(3) The burning is conducted so that the contaminants do not adversely affect the ambient air

qualityof a city or town.

(4) The initial burning shall begin only between three hours after sunrise and three hours before

sunset and additional fuel shall not be intentionally added to the fire at times outside these limits. 

This requirement does not apply to the open burning allowed under 252:100-13-7(2), (3), (4)(A)

and (6)(B).

252:100-13-10. Disaster relief

Notwithstanding the prohibition in 252:100-13-5, the Executive Director of the DEQ may allow

the open burning of debris resulting from a disaster if the Director determines such burning is

necessary to protect public health and safety. Such approval, if granted, shall be accompanied by

appropriate guidelines for burning the debris.

252:100-13-11. Responsibility for consequences of open burning

Persons who conduct open burning in accordance with the provisions of this Subchapter are not

exempt or excused from the consequences, damages, or injuries that may result from such conduct,

nor are they exempt or excused from complying with all applicable laws, ordinances, rules, and

orders.

SUBCHAPTER 15. MOTOR VEHICLE POLLUTION CONTROL DEVICES

[REVOKED]

Section

252:100-15-1. Purpose

252:100-15-2. Definitions

252:100-15-3. Scope

252:100-15-4. Prohibitions

252:100-15-5. Maintenance, repair or testing

252:100-15-6. Liquified petroleum gas

252:100-15-1. Purpose [REVOKED]

252:100-15-2. Definitions [REVOKED]

252:100-15-3. Scope [REVOKED]

252:100-15-4. Prohibitions [REVOKED]

252:100-15-5. Maintenance, repair, or testing [REVOKED]

252:100-15-6. Liquified petroleum gas [REVOKED]

SUBCHAPTER 17. INCINERATORS

PART 1. GENERAL PROVISIONS

Section

252:100-17-1. Purpose 

252:100-17-1.1. Reference to 40 CFR

94
252:100-17-1.2. Terminology related to 40 CFR [REVOKED]

252:100-17-1.3. Incinerators and fuel-burning equipment or units

PART 3. GENERAL PURPOSE INCINERATORS [AMENDED]

252:100-17-2. Applicability

252:100-17-2.1. Exemptions 

252:100-17-2.2. Definitions

252:100-17-3. Opacity

252:100-17-4 Particulate matter

252:100-17-5. Incinerator design and operation requirements

252:100-17-5.1. Alternative incinerator design requirements

252:100-17-6. Allowable emission of particulates [REVOKED]

252:100-17-7. Test methods

PART 4. BIOMEDICAL WASTE INCINERATORS 

Section

252:100-17-8. Applicability

252:10017-9. Definitions

252:100-17-10. Design and operation

252:100-17-11. Emission limits

PART 5. MUNICIPAL WASTE COMBUSTORS

252:100-17-14. Effective date; applicability

252:100-17-14.1. Definitions

25 2:100- 17-14.2. Terminology related to 40 CFR

252:100-17-15. Exemptions

252:100-17-16. Standards for particulate matter and opacity

252:100-17-17. Standards for municipal waste combustor metals

252:100-17-18. Standards for municipal waste combustor acid gases expressed as sulfur

dioxide and hydrogen chloride

252:100-17-19. Standards for municipal waste combustor organics expressed as total mass

dioxins/furans

252:100-17-20. Standards for nitrogen oxides

252:100-17-21. Standards for municipal waste combustor operating practices

252:100-17-22. Standards for municipal waste combustor fugitive ash emissions

252:100-17-23. Standards for air curtain incinerators

252:100-17-24. Standards for municipal waste combustor operator training and certification

252:100-17-25. Compliance and performance testing

252:100-17-26. Reporting and recordkeeping requirements

252:100-17-27. Compliance schedules

PART 7. HOSPITAL, MEDICAL AND INFECTIOUS WASTE INCINERATORS

252:100-17-40. Effective date; applicability

252:100-17-41. Definitions

252:100-17-42. Terminology related to 40 CFR

252:100-17-43. Exemptions

252:100-17-44. Emission limits

252:100-17-45. Standards for HMIWI operator training and certification

252:100-17-46. Standards for waste management plans

252:100-17-47. Compliance, performance testing and monitoring requirements

252:100-17-48. Equipment inspection of small rural HMIWI

252:100-17-49. Reporting and recordkeeping requirements

95
252:100-17-50. Part 70 permits

252:100-17-51. Compliance schedules

PART 9. COMMERCIAL AND INDUSTRIAL SOLID WASTE INCINERATION UNITS

252:100-17-60. Effective date; applicability

252:100-17-61. Definitions

252:100-17-62. Terminology related to 40 CFR

252:100-17-63. Exemptions

252:100-17-64. Emission limits

252:100-17-65. Operating limits

252-100-17-66. Standards for CISWI operator training and qualification requirements.

252:100-17-67. Standards for waste management plans

252:100-17-68. Performance testing

252:100-17-69. Initial compliance requirements

252:100-17-70. Continuous compliance requirements

252:100-17-71. Monitoring

252:100-17-72. Reporting and recordkeeping requirements

252:100-17-73. Part 70 permits

252:100-17-74. Air curtain incinerators

252:100-17-75. Compliance schedules

252:100-17-76. CISWI closure

PART 11. OTHER SOLID WASTE INCINERATION UNITS 

252:100-17-90. Effective date; applicability

252:100-17-91. Definitions

252:100-17-92. Terminology related to 40 CFR

252:100-17-93. Exemptions

252:100-17-94. Emission limits

252:100-17-95. Operating limits

252-100-17-96. Standards for CISWI operator training and qualification requirements

252:100-17-97. Waste management plans

252:100-17-98. Performance testing

252:100-17-99. Initial compliance requirements

252:100-17-100. Continuous compliance requirements

252:100-17-101. Monitoring

252:100-17-102. Reporting and recordkeeping requirements

252:100-17-103. Part 70 permits

252:100-17-104. Requirements for temporary-use incinerators and air curtain incinerators used

in disaster recovery

252:100-17-105. Air curtain incinerators that burn only wood waste, clean lumber, and yard

waste

252:100-17-106. Compliance schedules

252:100-17-107. OSWI closure

252:100-17-108. Equations

PART 1. GENERAL PROVISIONS

252:100-17-1. Purpose

The purpose of this subchapter is to specify design and operating requirements, and emission

limitations for incinerators and municipal waste combustors (MWC).

252:100-17-1.1. Reference to 40 CFR 

See OAC 252:100-2.

96
252:100-17-1.2. Terminology related to 40 CFR [REVOKED]

252:100-17-1.3. Incinerators and fuel-burning equipment or units 

Any incinerator or MWC subject to the requirements of any part of this subchapter that is used

to generate useful heat energy is also considered fuel-burning equipment or a fuel-burning unit and

is subject to all applicable requirements of this chapter.

PART 3. GENERAL PURPOSE INCINERATORS

252:100-17-2. Applicability

This part applies to any new and existing incinerator not subject to 40 CFR Part 60, Subparts

E, Ea, Eb, Ec, or EEEE, or Parts 4, 5, 7, 9, or 11 of this subchapter.

252:100-17-2.1. Exemptions

Thermal oxidizers, flares and any other air pollution control devices are exempt from the

requirements of this part.

252:100-17-2.2. Definitions

The following words and terms when used in this part and Part 4 of this subchapter shall have

the following meaning unless the context clearly indicates otherwise:

"Capacity" means the maximum design charging rate of refuse in pounds per hour (lb/hr) an

incinerator is designed to receive.

"Particulate matter" or "total particulate matter" means the sum of all filterable and

condensable particulate matter emitted to the ambient air as measured by applicable reference

methods, or an equivalent or alternative method.

"Primary combustion chamber" means the initial incinerator chamber where refuse is

charged, ignited, and burned.

"Secondary combustion chamber" means a component of the general purpose incinerator

that receives combustion gases from the primary combustion chamber and in which the

combustion process is completed.

252:100-17-3. Opacity

See OAC 252:100-25-3.

252:100-17-4. Particulate matter

The emissions of particulate matter from an incinerator subject to the requirements of this

part shall not exceed the applicable allowable particulate matter emission rate contained in

Appendix A of this chapter. Solid fuels charged will be considered part of the refuse weight.

252:100-17-5. Incinerator design and operation requirements

An incinerator subject to this part shall be designed and built with a primary combustion

chamber that maintains a temperature of at least 800 F in the primary combustion chamber at all o

times when refuse is being incinerated, and a secondary combustion chamber(s) that is

adequately designed and operated to combust gaseous and particulate matter suspended in the

exhaust gas stream from the primary combustion chamber. The combustion device in each

combustion chamber shall be in operation at all times when refuse is being incinerated.

252:100-17-5.1. Alternative incinerator design requirements

Notwithstanding OAC 252:100-17-5, the Director may approve an alternative incinerator

design if the owner or operator of the proposed incinerator demonstrates to the satisfaction of the

Director that the incinerator will comply with OAC 252:100-17-4 and all other applicable

requirements of this chapter.

252:100-17-6. Allowable emission of particulates [REVOKED]

97
252:100-17-7. Test methods

See OAC 252:100-43.

PART 4. BIOMEDICAL WASTE INCINERATORS 

252:100-17-8. Applicability

This part applies to any new or existing biomedical waste incinerator that is not subject to the

requirements of Part 7 of this subchapter or is exempted from the requirements of Subpart Ec of 40

CFR Part 60.

252:100-17-9. Definitions

The following words and terms when used in this part shall have the following meaning unless

the context clearly indicates otherwise:

"Antineoplastic agents" means drugs used to inhibit and combat the development of

neoplasms.

"Biomedical radioactive waste" means low-level radioactive waste as defined in 40 CFR

60.51c.

"Biomedical waste" means medical/infectious waste as defined in 40 CFR 60.51c,

Chemotherapeutic waste and biomedical radioactive waste.

"Biomedical waste incinerator" means an incinerator used to burn biomedical waste.

"Chemotherapeutic waste" means waste material resulting from the production or use of

antineoplastic agents.

"Neoplasms" means tumors consisting of an abnormal proliferation of cells. The growth of this

clone of cells exceeds, and is uncoordinated with, that of the normal tissues around it. Neoplasms

may be benign, pre-malignant or malignant.

252:100-17-10. Design and operation

An incinerator subject to this part shall be designed and built with a primarycombustion chamber

and secondary combustion chamber(s) each equipped with burners or other combustion devices that

maintain the applicable temperature and retention time specified in (1) through (3) of this section

in both the primary and secondary combustion chamber(s) at all times when biomedical waste is

being incinerated.

(1) The temperature in the primary combustion chamber shall not be less than 1,200 F. o

(2) The temperature in the secondary combustion chamber(s) shall not be less than 1,800 F with o

a retention time of not less than one (1) second when processing biomedical waste containing

no chemotherapeutic waste.

(3) The temperature in the secondary combustion chamber(s) shall not be less than 2,000 F with o

a retention time of not less than two (2) seconds when processing biomedical waste containing

chemotherapeutic waste.

252:100-17-11. Emission limits

Emissions from any biomedical waste incinerator subject to the requirements of this part shall

not exceed the limits specified in (1) through (3) of this section. Any required performance testing

shall be conducted while the incinerator is operating between 90% and 100% of operating capacity,

or under other representative operating conditions specified by an applicable permit or testing

method.

(1) Hydrochloric acid (HCl). Emissions of HCl shall not exceed 4.0 lb/hr.

(2) Particulate matter. Emissions of particulate matter shall not exceed 0.08 gr/dscf (grains per

dry standard cubic foot) corrected to12% carbon dioxide in the emission gas stream.

(3) Carbon monoxide (CO). Emissions of CO shall not exceed 100 ppm by volume corrected

to standard conditions in the emission gas stream.

PART 5. MUNICIPAL WASTE COMBUSTORS

252:100-17-14. Effective date; applicability

98
This Part is effective as of March 23, 1997 and applies to large MWC units.

252:100-17-14.1. Definitions

The definitions in 40 CFR 60.51b are hereby incorporated by reference as they exist on

November 6, 2006, except for the definition of municipal waste combustor plant. In addition to the

incorporated definitions, the following words and terms, when used in this Part, shall have the

following meanings, unless the context clearly indicates otherwise:

"EPA" means the Administrator of the U.S. EPA or employee of the U.S. EPA who is delegated

to perform the specified task.

"Municipal waste combustor" or "MWC" means each municipal waste combustor unit with

a combustion capacity greater than 250 tons per day of municipal solid waste for which construction

was commenced on or before September 20, 1994.

"Municipal waste combustor plant" means one or more municipal waste combustor units at

the same location.

"Semi-suspension refuse-derived fuel-fired combustor/wet refuse-derived fuel process

conversion" means a combustion unit that was converted from a wet refuse-derived fuel process to

a dry refuse-derived fuel process, and because of constraints in the design of the system, includes

a low furnace height (less than 60 feet between the grate and the roof) and a high waste capacity-toundergrate air zone ratio (greater than 300 tons of waste per day (tpd) fuel per each undergrate air

zone).

"Spreader stoker fixed floor refuse-derived fuel-fired combustor/100 percent coal capable"

means a spreader stoker type combustor with a fixed floor grate design that typically fires 100

percent refuse-derived fuel but is equipped to burn 100 percent coal instead of refuse-derived fuel

to fulfill 100 percent steam or energy demand.

252:100-17-14.2. Terminology related to 40 CFR

When these terms are used in rules incorporated by reference, the following definitions shall

apply:

"Affected facility" is synonymous with municipal waste combustor unit.

"State plan" is a program that the State is responsible for developing and implementing to

achieve compliance with the emission guidelines in Subpart Cb of 40 CFR Part 60.

252:100-17-15. Exemptions

(a) AnyMWC unit that is capable of combusting more than 250 tons per day of MSW and is subject

to a federally enforceable permit limiting the maximum amount of MSW that may be combusted in

the unit to less than or equal to 11 tons per day is not subject to this Part if the owner/operator:

(1) Notifies the EPA of an exemption claim.

(2) Provides the EPA with a copy of the federally enforceable permit that limits the firing of

MSW to less than or equal to 11 tons per day.

(3) Keeps records of the amount of MSW fired per day.

(b) A qualifying small power production facility, (as defined in section 3(17)(C) of the Federal

Power Act (16 U.S.C.§796(17)(C)), that produces electric energy from homogeneous waste is not

subject to this Part if the owner/operator:

(1) Notifies the EPA of an exemption claim.

(2) Provides the EPA data documenting that the facility qualifies for this exemption.

(c) A qualifying cogeneration facility, (as defined in section 3(18)(B) of the Federal Power Act (16

U.S.C.§796(18)(B)), that burns homogeneous waste to produce electric energy, steam, or other

useful energy used for industrial, commercial, heating, or cooling purposes, is not subject to this Part

if the owner/operator:

(1) Notifies the EPA of an exemption claim.

(2) Provides the EPA data documenting that the facility qualifies for this exemption.

(d) Any unit combusting a single-item waste stream of tires is not subject to this Part if the

owner/operator:

(1) Notifies the EPA of an exemption claim.

(2) Provides the EPA with data documenting that the unit qualifies for this exemption.

99
(e) Any unit required to have a hazardous waste permit is not subject to this Part.

(f) Any materials recovery facility (including primary or secondary smelters) that combusts waste

for the primary purpose of recovering metals is not subject to this Part.

(g) Any cofired combustor that meets the capacity specifications in paragraph (a) of this section is

not subject to this Part if the owner/operator:

(1) Notifies the EPA of an exemption claim.

(2) Provides the EPA with a copy of the federally enforceable permit.

(3) Keeps separate records, on a calendar quarter basis, of the weight of MSW and the weight

of all other fuels combusted at the cofired combustor.

(h) Air curtain incinerators that meet the capacityspecifications in 252:100-17-23 of this Subchapter

and combust a 100 percent yard waste fuel stream are not subject to this Part, except:

(1) The opacity limit under section 252:100-17-23 of this Subchapter.

(2) The testing procedures under section 252:100-17-25 of this Subchapter.

(3) The reporting and recordkeeping provisions under section 252:100-17-26 of this Subchapter.

(i) Pyrolysis/combustion units that are an integrated part of a plastics/rubber recycling unit are not

subject to this Part if the owner/operator of the unit maintains records of:

(1) The weight of plastics, rubber, and/or rubber tires processed on a calendar quarter basis.

(2) The weight of chemical plant feedstocks and petroleum refinery feedstocks produced and

marketed on a calendar quarter basis.

(3) The name and address of the purchaser of the feedstocks.

(j) The combustion of gasoline, diesel fuel, jet fuel, fuel oils, residual oil, refinery gas, petroleum

coke, liquefied petroleum gas, propane, or butane produced by chemical plants or petroleum

refineries that use feedstocks produced by plastics/rubber recycling units are not subject to this Part.

(k) Cement kilns firing MSW are not subject to this Part.

(l) No MWC is subject to subpart E of 40 CFR Part 60.

(m) Physical or operational changes made to an existing municipal waste combustor unit

primarily for the purpose of complying with this Part are not considered in determining whether the

unit is a modified or reconstructed facility under subpart Ea or subpart Eb of 40 CFR Part 60.

252:100-17-16. Standards for particulate matter and opacity

(a) Particulate matter. 

(1) Before April 28, 2009, the concentration of particulate matter contained in the gases

discharged to the atmosphere from a MWC unit shall not exceed 27 milligrams per dry standard

cubic meter, corrected to 7 percent oxygen. 

(2) By April 28, 2009, the concentration of particulate matter contained in the gases discharged

to the atmosphere from a MWCunit shall not exceed 25 milligrams per dry standard cubic meter,

corrected to 7 percent oxygen.

(b) Opacity. Opacity of gases discharged to the atmosphere from a MWC unit shall not exceed 10

percent (6-minute average).

252:100-17-17. Standards for municipal waste combustor metals

(a) Cadmium. 

(1) Before April 28, 2009, the concentration of cadmium contained in the gases discharged to

the atmosphere from a MWC unit shall not exceed 40 micrograms per dry standard cubic meter,

corrected to 7 percent oxygen.

(2) By April 28, 2009, the concentration of cadmium contained in the gases discharged to the

atmosphere from a MWC unit shall not exceed 35 micrograms per dry standard cubic meter,

corrected to 7 percent oxygen.

(b) Lead.

(1) By December 19, 2000, the concentration of lead contained in the gases discharged to the

atmosphere from a MWC unit shall not exceed 490 micrograms per dry standard cubic meter,

corrected to 7 percent oxygen.

(2) By August 26, 2002, or three years after EPA approval of the State plan, whichever is first,

the concentration of lead contained in the gases discharged to the atmosphere from a MWC unit

shall not exceed 440 micrograms per dry standard cubic meter, corrected to 7 percent oxygen.

100
(3) By April 28, 2009, the concentration of lead contained in the gases discharged to the

atmosphere from a MWC unit shall not exceed 400 micrograms per dry standard cubic meter,

corrected to 7 percent oxygen.

(c) Mercury. 

(1) Before April 28, 2009, the concentration of mercury contained in the gases discharged to the

atmosphere from a MWC unit shall not exceed 80 micrograms per dry standard cubic meter or

15 percent of the potential mercury emission concentration (85 percent reduction by weight),

corrected to 7 percent oxygen, whichever is less stringent.

(2) By April 28, 2009, the concentration of mercury contained in the gases discharged to the

atmosphere from a MWC unit shall not exceed 50 micrograms per dry standard cubic meter or

15 percent of the potential mercury emission concentration (85 percent reduction by weight),

corrected to 7 percent oxygen, whichever is less stringent.

252:100-17-18. Standards for municipal waste combustor acid gases expressed as sulfur

dioxide and hydrogen chloride

(a) Sulfur dioxide.

(1) ByDecember 19, 2000, the concentration of sulfur dioxide contained in the gases discharged

to the atmosphere from a MWC unit shall not exceed 31 parts per million by volume (ppmv) or

25 percent of the potential sulfur dioxide emission concentration (75 percent reduction byweight

or volume), corrected to 7 percent oxygen (dry basis), whichever is less stringent. Compliance

with this emission limit is based on a 24-hour daily geometric mean.

(2) By August 26, 2002, or three years after EPA approval of the State plan, which ever is first,

the concentration of sulfur dioxide contained in the gases discharged to the atmosphere from a

MWC unit shall not exceed 29 ppmv or 25 percent of the potential sulfur dioxide emission

concentration (75 percent reduction by weight or volume), corrected to 7 percent oxygen (dry

basis), whichever is less stringent. Compliance with this emission limit is based on a 24-hour

daily geometric mean.

(b) Hydrogen chloride.

(1) By December 19, 2000, the concentration of hydrogen chloride contained in the gases

discharged to the atmosphere from a MWC unit shall not exceed 31 parts per million by volume

(ppmv) or 5 percent of the potential hydrogen chloride emission concentration (95 percent

reduction by weight or volume), corrected to 7 percent oxygen (dry basis), whichever is less

stringent.

(2) By August 26, 2002, or three years after EPA approval of the State plan, which ever is first,

the concentration of hydrogen chloride contained in the gases discharged to the atmosphere from

a MWC unit shall not exceed 29 ppmv or 5 percent of the potential hydrogen chloride emission

concentration (95 percent reduction by weight or volume), corrected to 7 percent oxygen (dry

basis), whichever is less stringent.

252:100-17-19. Standards for municipal waste combustor organics expressed as total mass

dioxins/furans

(a) The concentration of organics, expressed as total mass dioxins/furans, contained in the gases

discharged to the atmosphere from a MWC unit shall not exceed:

(1) Before April 28, 2009, with electrostatic precipitator: 60 nanograms per dry standard cubic

meter (total mass), corrected to 7 percent oxygen.

(2) By April 28, 2009, with electrostatic precipitator: 35 nanograms per dry standard cubic

meter (total mass), corrected to 7 percent oxygen.

(3) Without electrostatic precipitator: 30 nanograms per dry standard cubic meter (total mass),

corrected to 7 percent oxygen. 

(b) MWC units that achieve a dioxin/furan emission level less than or equal to 15 nanograms per

dry standard cubic meter total mass, corrected to 7 percent oxygen, may elect the alternative

performance testing schedule for dioxins/furans as specified in 40 CFR 60.58b(g)(5)(iii).

252:100-17-20. Standards for nitrogen oxides

(a) Nitrogen oxides emission limits. The concentration of nitrogen oxides contained in the gases

discharged into the atmosphere from a MWC unit shall not exceed the following:

101
NITROGEN OXIDES LIMITS

Municipal Waste Nitrogen oxides

Combuster Technology emission limit (ppm by volume)a

Before On or After April 28, 2009

Mass burn waterwall 205 205

Mass burn rotary waterwall 250 210

Refuse-derived fuel combustor 250 250

Fluidized bed combustor

(by December 19, 2000) 240

Fluidized bed combustor

(by August 26, 2002, or three

years after EPA approval of the

State plan, whichever is first) 180 180

Mass burn refractory combustors No limit No limit

Corrected to 7 percent oxygen, dry basis, 24 hr daily arithmetic average

a

(b) Nitrogen oxides emissions averaging. The owner or operator of a MWC plant may elect to

implement a nitrogen oxides emissions averaging plan for the MWC units that are located at that

plant.

(1) The following units cannot be included in the emissions averaging plan:

(A) MWC units subject to Subpart Ea or Eb of 40 CFR Part 60.

(B) Mass burn refractory MWC units and other MWC technologies not listed in

paragraph (b)(3) of this section may not be included in the emissions averaging plan.

(2) Prior to implementing the nitrogen oxides emissions averaging plan, the units to be included

must be identified in the initial performance test report specified in 40 CFR 60.59b(f) or in the

annual report specified in 40 CFR 60.59b(g), as applicable. The units which are included in the

averaging plan may be redesignated each calendar year. Partial year redesignation is allowable

with DEQ approval.

(3) To implement the emissions averaging plan, the average daily (24-hour) nitrogen oxides

emission concentration level discharged from the units included in the emission averaging plan

shall be no greater than the levels specified in this section. Emission limits for the nitrogen

oxides concentration level for each type of unit are as follows:

NITROGEN OXIDES LIMITS FOR EXISTING

DESIGNATED FACILITIES INCLUDED IN AN

EMISSIONS AVERAGING PLAN AT A MUNICIPAL

WASTE COMBUSTOR PLANT

a

Municipal waste Nitrogen oxides

combustor technology emission limit

(ppm by volume)b 

Before On or After April 28, 2009

Mass burn waterwall 185 185

Mass burn rotary waterwall 220 190

Refuse-derived fuel combustor 230 230

Fluidized bed combustor 165 165

Mass burn refractory municipal waste combustors and other MWC technologies not listed above a

may not be included in an emissions averaging plan.

Corrected to 7 percent oxygen, dry basis, 24 hr daily arithmetic average

b

(4) Under the emissions averaging plan, the average daily nitrogen oxides emissions specified

in paragraph (b)(3) of this section shall be calculated using the equation in Appendix K of this

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Chapter. MWC units that are off-line shall not be included in calculating the average daily

nitrogen oxides emission level.

(5) For any day a unit included in the emissions averaging plan is off-line, the owner or operator

of the MWC plant must demonstrate compliance according to either paragraph (b)(5)(A) or both

paragraphs (b)(5)(B) and (b)(5)(C) of this section.

(A) Compliance with the applicable limits specified in (b)(3) of this Part shall be

demonstrated using the averaging procedure specified in paragraph (b)(4) of this section. 

The averaging procedure will include the MWC units in the plan that are on-line.

(B) For each of the units included in the emissions averaging plan, the nitrogen oxides

emissions shall be calculated on a daily average basis. The nitrogen oxides emissions level

shall be equal to or less than the maximum daily nitrogen oxides emission levels achieved

by that unit on any of the days during which the emissions averaging plan was achieved with

all units on-line during the most recent calendar quarter. The requirements of this paragraph

do not apply during the first quarter of operation under the emissions averaging plan.

(C) The average nitrogen oxides emissions (kilograms per day) calculated according to

paragraph (b)(5)(C)(ii) of this section shall not exceed the average nitrogen oxides emissions

(kilograms per day) calculated according to paragraph (b)(5)(C)(i) of this section.

(i) The average nitrogen oxides emissions shall be calculated for all days during which

the emissions averaging plan was implemented and achieved and during which all MWC

units were on-line. The average nitrogen oxides emissions (kilograms per day) shall be

calculated, on a calendar year basis, according to paragraphs (b)(5)(C)(i)(I) through

(b)(5)(C)(i)(III) of this section.

(I) The daily amount of nitrogen oxides emitted (kilograms per day) shall be

calculated for each MWC unit included in the emissions averaging plan. The

calculation shall be based on the hourly nitrogen oxides data required under 40 CFR

60.58b(h) and specified under 40 CFR 60.58b(h)(5). The flue gas flow rate is

determined using the hourly average steam or feedwater flow rate and Table 19-1 of

EPA Reference Method 19, which is hereby incorporated by reference as it exists on

July 1, 2002. 

(II) The daily total nitrogen oxides emissions shall be calculated as the sum of the

daily nitrogen oxides emissions from each unit calculated under paragraph

(b)(5)(C)(i)(I) of this section.

(III) On a calendar year basis, the average nitrogen oxides emissions (kilograms

per day), shall be calculated as the sum of all daily total nitrogen oxides emissions

calculated under paragraph (b)(5)(C)(i)(II) of this section divided by the number of

calendar days for which a daily total was calculated.

(ii) The average nitrogen oxides emissions shall be calculated for all days during which

one or more of the MWC units under the emissions averaging plan was off-line. The

average nitrogen oxides emissions (kilograms per day) shall be calculated according to

paragraphs (b)(5)(C)(ii)(I) through (b)(5)(C)(ii)(III) of this section on a calendar year

basis.

(I) For each MWC unit included in the emissions averaging plan, the daily amount

of nitrogen oxides emitted (kilograms per day) shall be calculated based on the

hourly nitrogen oxides data required under 40 CFR 60.58b(h)and specified under 40

CFR 60.58b(h)(5), the flue gas flow rate determined using Table 19-1 of the EPA

Reference Method 19, which is hereby incorporated by reference as it exists on July

1, 2002 and the hourly average steam or feedwater flow rate.

(II) The daily total nitrogen oxides emissions shall be calculated as the sum of the

daily nitrogen oxides emissions from each MWC unit as calculated under paragraph

(b)(5)(C)(ii)(I) of this section.

(III) The average nitrogen oxides emissions (kilograms per day) on a calendar year

basis shall be calculated as the sum of all daily total nitrogen oxides emissions

calculated under paragraph (b)(5)(C)(ii)(II) of this section divided by the number of

calendar days for which a daily total was calculated.

252:100-17-21. Standards for municipal waste combustor operating practices

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(a) The concentration of carbon monoxide contained in the gases discharged to the atmosphere from

a MWC unit shall not exceed the following limits for each type of affected equipment:

MUNICIPAL WASTE COMBUSTOR OPERATING LIMITS

Municipal waste combustor technology Carbon monoxide Averaging 

emissions level Timeb

(ppm by volume) (hours) a

Mass burn waterwall 100 4

Mass burn refractory 100 4

Mass burn rotary refractory 100 24

Mass burn rotary waterwall 250 24

Modular starved air 50 4

Modular excess air 50 4

Refuse-derived fuel stoker 200 24

Fluidized bed, mixed fuel 200 24c

(wood/refuse-derived fuel)

Bubbling fluidized bed combustor 100 4

Circulating fluidized bed combustor 100 4

Pulverized coal/refuse-derived

fuel mixed fuel-fired combustor 150 4

Spreader stoker coal/refuse-derived

fuel mixed fuel-fired combustor 200 24

Semi-suspension refuse-derived 

fuel-fired combustor/wet refusederived fuel process conversion 250 24c

Spreader stoker fixed floor 

refuse-derived fuel-fired

combustor/100 percent

coal capable 250 24c

Measured at the combustor outlet in conjunction with a measurement of oxygen concentration, a

corrected to 7 percent oxygen, dry basis. Calculated as an arithmetic average.

Averaging times are 4-hour or 24-hour block averages. b

24-hour block average, geometric mean. c

(b) An owner or operator of a MWC shall comply with all provisions specified in 40 CFR 

60.53b(b) and (c), which is hereby incorporated by reference as it exists on November 6, 2006.

252:100-17-22. Standards for municipal waste combustor fugitive ash emissions

An owner or operator of a MWC shall comply with all provisions specified in 40 CFR

60.55b, which is hereby incorporated by reference as it exists on July 1, 2002.

252:100-17-23. Standards for air curtain incinerators

An owner or operator of an air curtain incinerator with the capacity to burn greater than 250

tons per day of MSW and for which construction commenced on or before September 20, 1994,

and that combusts a fuel feed stream of 100 percent yard waste, shall not cause to be discharged

into the atmosphere from that incinerator any gases that exhibit greater than 10 percent opacity

(6-minute average). An opacity level of up to 35 percent (6-minute average) is permitted during

startup periods within the first 30 minutes of unit operation.

252:100-17-24. Standards for municipal waste combustor operator training and

certification

(a) Each chief facility operator and shift supervisor shall obtain and maintain a current provisional

operator certification from either the American Society of Mechanical Engineers (ASME) [QRO-1-

1994 Standard for the Qualification and Certification of Resource Recovery Facility Operators] or

104
a State certification program no later than the date 6 months after the startup of a MWC unit or 12

months after the date of State plan approval, whichever is later.

(b) Each chief facility operator and shift supervisor shall have completed full certification or

submitted an application, that has been accepted by the appropriate certification program, for a full

certification exam with either the ASME [QRO-1-1994 Standard for the Qualification and

Certification of Resource Recovery Facility Operators] or a State certification program no later than

the date 6 months after the startup of a MWC unit or 12 months after the date of State plan approval,

whichever is later.

(c)

(1) No owner or operator of a MWC unit shall allow the unit to be operated at any time unless

one of the following persons is on duty:

(A) A fully certified chief facility operator.

(B) A provisionally certified chief facility operator who has met the qualification

requirements specified in ASME [QRO-1-1994 section 2.2.2] and has made an application

for a full certification exam following the ASME [QRO-1-1994 section 4.3.1] application

process, according to the schedule specified in paragraph (b) of this section.

(C) A fully certified shift supervisor.

(D) A provisionally certified shift supervisor who has met the qualification requirements

specified in ASME [QRO-1-1994 section 2.2.2] and has made an application for a full

certification exam following the ASME [QRO-1-1994 section 4.3.1] application process,

according to the schedule specified in paragraph (b) of this section.

(2) The requirement specified in paragraph (c) of this section shall take effect no later than the

date 6 months after the startup of a MWC unit or 12 months after the date of State plan approval,

whichever is later.

(3) If both the certified chief facility operator and certified shift supervisor are unavailable, a

provisionally certified control room operator who is on-site at the MWC may fulfill the

requirement in paragraph (c) of this section. Depending on the length of time that a certified

chief facility operator and certified shift supervisor are away, the owner or operator of the

affected facility must meet one of three criteria:

(A) When the certified chief facility operator and certified shift supervisor are both off

site for 12 hours or less, and no other certified operator is on site, the provisionally certified

control room operator may perform the duties of the certified chief facility operator or

certified shift supervisor.

(B) When the certified chief facility operator and certified shift supervisor are off site for

more than 12 hours, but for two weeks or less, and no other certified operator is on site, the

provisionally certified control room operator may perform the duties of the certified chief

facility operator or certified shift supervisor without notice to, or approval by, the Director. 

However, the owner or operator of the affected facility must record the period when the

certified chief facility operator and certified shift supervisor are off site and include that

information in the annual report as specified in 40 CFR 60.59b(g)(5).

(C) When the certified chief facility operator and certified shift supervisor are off site for

more than two weeks, and no other certified operator is on site, the provisionally certified

control room operator may perform the duties of the certified chief facility operator or

certified shift supervisor without approval by the Director. However, the owner or operator

of the affected facility must take two actions:

(i) Notify the Director in writing. In the notice, state what caused the absence and what

actions are being taken by the owner or operator of the facility to ensure that a certified

chief facility operator or certified shift supervisor is on site as expeditiously as

practicable.

(ii) Submit a status report and corrective action summary to the Director every four

weeks following the initial notification. If the Director provides notice that the status

report or corrective action summaryis disapproved, the municipal waste combustion unit

may continue operation for 90 days, but then must cease operation. If corrective actions

are taken in the 90-day period such that the Director withdraws the disapproval,

municipal waste combustion unit operation may continue.

(4) A provisionally certified operator who is newly promoted or recently transferred to a shift

105
supervisor position or a chief facility operator position at the municipal waste combustion unit

may perform the duties of the certified chieffacility operator or certified shift supervisor without

notice to, or approval by, the Director for up to six months before taking the ASME QRO

certification exam.

(d) All chief facility operators, shift supervisors, and control room operators at MWC units must

complete the EPA or State MWC operator training course no later than the date 6 months after the

date of startup of the MWC or by 12 months after the date of State plan approval, whichever is later.

(e) The requirement specified in paragraph (d) of this section does not apply to chief facility

operators, shift supervisors, and control room operators who have obtained full certification from

the American Society of Mechanical Engineers on or before the date of State plan approval.

(f) The owner or operator may request that the DEQ waive the requirement specified in paragraph

(d) of this section for chieffacility operators, shift supervisors, and control room operators who have

obtained provisional certification from the American Society of Mechanical Engineers on or before

the date of State plan approval.

(g) The owner or operator of a MWC unit shall develop and update on an annual basis, a sitespecific operating manual. The operating manual shall, at a minimum, address the elements of

MWC unit operation specified in paragraphs (g)(1) through (g)(11) of this section.

(1) A summary of the applicable standards under this Part.

(2) A description of basic combustion theory applicable to a MWC unit.

(3) Procedures for receiving, handling, and feeding MSW.

(4) MWC unit start-up, shutdown, and malfunction procedures.

(5) Procedures for maintaining proper combustion air supply levels.

(6)Procedures for operating the MWC unit within the standards established under this Part.

(7) Procedures for responding to periodic upset or off-specification conditions.

(8) Procedures for minimizing particulate matter carryover.

(9) Procedures for handling ash.

(10) Procedures for monitoring MWC unit emissions.

(11) Reporting and recordkeeping procedures.

(h) The owner or operator of a MWC unit shall establish a training program to review the operating

manual according to the schedule specified in paragraphs (h)(1) and (h)(2) of this section. The

training shall be provided to each person who has responsibilities affecting the operation of the unit

including, but not limited to, chief facility operators, shift supervisors, control room operators, ash

handlers, maintenance personnel, and crane/load handlers.

(1) Each person specified in paragraph (h) of this section shall undergo initial training no later

than the date specified in paragraph (h)(1)(A), (h)(1)(B), or (h)(1)(C), whichever is later.

(A) The date 6 months after the date of startup of the unit.

(B) The date prior to the day the person assumes responsibilities affecting MWC unit

operation.

(C) Twelve months after date of State plan approval.

(2) Annually, following the initial review required by paragraph (h)(1) of this section, each

person specified in paragraph (h) of this section shall review the operating manual updates, any

operational lessons learned/experiences of the past year, and provide for review of any section

which an employee requests.

(i) The operating manual required by paragraph (h) of this section shall be kept in a readily

accessible location for all persons required to undergo training under paragraph (h) of this section

no later than 6 months after start-up or 12 months after the date of State plan approval. The operating

manual and records of training shall be available for inspection by the DEQ upon request.

252:100-17-25. Compliance and performance testing

An owner or operator of a MWC shall comply with all provisions specified in 40 CFR 60.58b,

which is hereby incorporated by reference as it exists on November 6, 2006.

252:100-17-26. Reporting and recordkeeping requirements

Except for the provisions of subsection 60.59b(a), b(5), and d(11), 40 CFR 60.59b is hereby

incorporated by reference as it exists on November 6, 2006.

106
252:100-17-27. Compliance schedules

(a) All MWC units must close or be in compliance with all requirements contained in this Part

within 3 years following approval of the State plan. However, all MWC units for which

construction, modification, or reconstruction is commenced after June 26, 1987 shall comply with

the emission limitfor mercuryspecified in 252:100-17-17(c) and the emission limitfor dioxin/furans

specified in 252:100-17-19 within 1 year following issuance of a revised construction or operating

permit, if a permit modification is required, or within 1 year following approval of the State plan,

whichever is later.

(b) All MWC units choosing to comply with all requirements contained in this Part in more than 1

year but less than 3 years following the date of issuance of a revised construction or operation permit

if a permit modification is required, or more than 1 year but less than 3 years following approval of

the State plan if a permit modification is not required, shall enter into a consent order that includes

measurable and enforceable incremental steps of progress toward compliance. These steps are

specified below:

(1) Date for submittal of the final control plan to the DEQ.

(2) Date for obtaining services of an architectural and engineering firm regarding the air

pollution control device(s).

(3) Date for initiation of installation of the air pollution control device(s).

(4) Date for completion of installation of the air pollution control device(s).

(5) Date for final compliance.

(c) All MWC units with a compliance schedule of more than 1 year after approval of the State plan

in accordance with paragraph (b) of this section, shall provide performance test results for

dioxin/furan emissions for each unit. However, where the MWC owner/operator can demonstrate

that multiple units have the same design, operate with the same fuel, have the same operating

parameters, and are expected to have similar emission levels, the results of a dioxin/furan test from

one unit may be provided as representative of all such units. The performance test results shall have

been conducted during or after 1990. The performance test shall be conducted according to the

procedures in 252:100-17-25.

(d) All MWC units intending to close in more than 1 year but less than 3 years after State plan

approval shall enter into a consent order to close. The closure order must include the date of plant

closure.

PART 7. HOSPITAL, MEDICAL AND INFECTIOUS WASTE INCINERATORS

252:100-17-40. Effective date; applicability

This Part applies to each individual hospital/medical/infectious waste incinerator (HMIWI) for

which construction was commenced on or before June 20, 1996.

252:100-17-41. Definitions

(a) The definitions in 40 CFR 60.51c are hereby incorporated by reference as they exist on July 1,

2002.

(b) The following words and terms when used in this Part, shall have the following meaning, unless

the context clearly indicates otherwise:

"Small rural HMIWI" is defined as any small HMIWI which is located more than 50 miles

from the boundary of the nearest Standard Metropolitan Statistical Area and which burns less than

2,000 pounds per week (lb/wk) of hospital waste and medical/infectious waste.

"Standard Metropolitan Statistical Area" or "SMSA" means any areas listed in the Office

of Management and Budget Bulletin No. 93-17 entitled "Revised Statistical Definitions for

Metropolitan Areas" dated June 30, 1993.

252:100-17-42. Terminology related to 40 CFR

For purposes of interfacing with 40 CFR, the following term applies:

"Affected facility" is synonymous with HMIWI or HMIWI unit.

252:100-17-43. Exemptions

107
(a) Except as provided in paragraphs (b) through (h) of this section, each HMIWI is subject to the

requirements in this Part. 

(b) A incinerator is not subject to this Part during periods when only pathological waste, low-level

radioactive waste, and/or chemotherapeutic waste is burned, provided the owner or operator of the

incinerator:

(1) Notifies the DEQ of an exemption claim.

(2) Keeps records on a calendar quarter basis of the periods of time when only pathological

waste, low-level radioactive waste, and/or chemotherapeutic waste is burned.

(c) Any co-fired combustor is not subject to this Part if the owner or operator of the co-fired

combustor:

(1) Notifies the DEQ of an exemption claim.

(2) Provides the DEQ an estimate of the relative weight of hospital waste, medical/infectious

waste, and other fuels and/or wastes to be combusted.

(3) Keeps records on a calendar quarter basis of the weight of hospital waste, medical/infectious

waste combusted, and the weight of all other fuels and wastes combusted at the co-fired

combustor.

(d) Any incinerator required to have a hazardous waste permit is not subject to this Part.

(e) Any incinerator which meets the applicability requirements under Part 5 of this Subchapter or

40 CFR 60 Subparts Ea, Eb, or Ec.

(f) Any pyrolysis unit is not subject to this Part.

(g) Cement kilns firing hospital waste and/or medical/infectious waste are not subject to this Part.

(h) Physical or operational changes made to an existing HMIWI unit solely for the purpose of

complying with this Part are not considered a modification and do not result in an existing HMIWI

unit becoming subject to the provisions of 40 CFR 60 Subpart Ec.

252:100-17-44. Emission limits

(a) Regulated pollutants. On and after the date on which the initial performance test is completed

or is required to be completed, whichever date comes first, no owner or operator of a HMIWIsubject

to this Part shall cause to be discharged into the atmosphere from that facility any gases that contain

stack emissions in excess of the emission limits in Appendix M.

(b) Opacity. On or after the date on which the initial performance test is completed or is required

to be completed, whichever date comes first, no owner or operator of a HMIWI subject to this Part

shall cause to be discharged into the atmosphere from the stack of that facility any gases that exhibit

greater than 10 percent opacity (6-minute block average).

252:100-17-45. Standards for HMIWI operator training and certification

By October 1, 2000, an owner or operator of an HMIWI shall comply with all provisions

specified in 40 CFR 60.53c, which is hereby incorporated by reference as it exists on July 1, 2002.

252:100-17-46. Standards for waste management plans

ByOctober 1, 2000, an owner or operator of an existing HMIWIshall complywith all provisions

specified in 40 CFR 60.55c, which is hereby incorporated by reference as it exists on July 1, 2002.

252:100-17-47. Compliance, performance testing and monitoring requirements

(a) Except for sections 60.56c (b)(12) and (c)(3), an owner or operator of a small, medium or large

HMIWIshall comply with the compliance and performance testing requirements of 40 CFR 60.56c,

which is hereby incorporated by reference as it exists on July 1, 2002.

(b) An owner or operator of a small rural HMIWI shall meet the following requirements:

(1) Conduct the performance testing requirements in 40 CFR 60.56c(a), (b)(1) through (b)(9),

(b)(11)(Hg only), and (c)(1). The 2,000 lb/week limitation for small rural HMIWI units does not

apply during performance tests.

(2) Establish maximum charge rate and minimum secondary chamber temperature as sitespecific operating parameters during the initial performance test to determine compliance with

applicable emission limits.

108
(3) Following the date on which the initial performance test is completed or required to

completed, whichever date comes first, ensure that the facility does not operate above the

maximum charge rate or below the minimum secondary chamber temperature measured as 3-

hour rolling averages (calculated each hour as the average of the previous 3 operating hours) at

all times except during periods of startup, shutdown, and malfunction. Operating parameter

limits do not apply during performance tests. Operation above the maximum charge rate or

below the minimum secondary chamber temperature shall constitute a violation of the

established operating parameter(s).

(4) Except as provided in paragraph (b)(5) of this section, operation of the HMIWI above the

maximum charge rate and below the minimum secondary chamber temperature (each measured

on a 3-hour rolling average) simultaneously shall constitute a violation of the PM, CO, and

dioxin/furan emission limits.

(5) The owner or operator may conduct a repeat performance test within 30 days of violation of

the applicable operating parameter(s) to demonstrate that the HMIWI is not in violation of the

applicable emission limit(s). Repeat performance tests conducted pursuant to this paragraph

must be conducted using the identical operating parameters that indicated a violation under(b)(4)

of this section.

(c) An owner or operator of any small, medium, or large HMIWI shall comply with all monitoring

provisions specified in 40 CFR 60.57c, which is hereby incorporated by reference as it exists on July

1, 2002.

(d) An owner or operator of a small rural HMIWI shall comply with the following monitoring

requirements:

(1) Install, calibrate (to manufacturers' specifications), maintain, and operate a device for

measuring and recording the temperature of the secondary chamber on a continuous basis, the

output of which shall be recorded, at a minimum, once every minute throughout operation.

(2) Install, calibrate (to manufacturers' specifications), maintain, and operate a device which

automatically measures and records the date, time, and weight of each charge fed into the

HMIWI.

(3) The owner or operator of a designated facility shall obtain monitoring data at all times during

HMIWI operation except during periods of monitoring equipment malfunction, calibration, or

repair. At a minimum, valid monitoring data shall be obtained for 75 percent of the operating

hours per day and for 90 percent of the operating hours per calendar quarter that the HMIWI is

combusting hospital waste and/or medical/infectious waste.

252:100-17-48. Equipment inspection of small rural HMIWI

(a) An owner or operator of a small rural HMIWI shall conduct an initial equipment inspection by

October 1, 2000, and annually (no more than 12 months following the previous equipment

inspection) thereafter. At a minimum, an inspection shall include the following:

(1) Inspect all burners, pilot assemblies, and pilot sensing devices for proper operation; clean

pilot flame sensor, as necessary.

(2) Ensure proper adjustment of primary and secondary chamber combustion air, and adjust as

necessary.

(3) Inspect hinges and door latches, and lubricate as necessary.

(4) Inspect dampers, fan, and blower for proper operation.

(5) Inspect HMIWI door and door gaskets for proper sealing.

(6) Inspect motors for proper operation.

(7) Inspect primary chamber refractory lining, clean and repair/replace lining as necessary.

(8) Inspect incinerator shell for corrosion and/or hot spots.

(9) Inspect incinerator secondary/tertiary chambers and stack; clean as necessary.

(10 Inspect mechanical loader, including limit switches, for proper operation, if applicable.

(11) Visually inspect waste bed (grates) and repair/seal, as appropriate.

(12) For the burn cycle that follows, inspection, document that the incinerator is operating

properly and make any necessary adjustments.

(13) Inspect air pollution control device(s) for proper operation, if applicable.

(14) Inspect waste heat boiler system(s) to ensure proper operation, if applicable.

(15) Inspect bypass stack components.

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(16) Ensure proper calibration of thermocouples, sorbent feed systems, and any other

monitoring equipment.

(17) Generally observe that the equipment is maintained in good operating condition.

(b) Within 10 operating days following an equipment inspection, all necessary repairs shall be

completed unless the owner or operator obtains written approval from the DEQ establishing a later

date whereby all necessary repairs shall be completed.

(c) If during an equipment inspection the need for repairs is identified, it shall not be considered a

violation of this section unless the repairs are not completed within the timeframe required in

252:100-17-48(b).

(d) An inspection of a small rural HMIWI performed by a DEQ or EPA representative in accordance

with 252:100-17-48(a) shall satisfy the annual inspection requirement for that facility and re-start

the 12-month inspection clock.

252:100-17-49. Reporting and recordkeeping requirements

(a) Except for Sections 60.58c (b)(2)(ii) and (b)(7), an owner or operator of a HMIWIshall comply

with all of the requirements specified 40 CFR 60.58c(b), (c), (d), (e), and (f), which are hereby

incorporated by reference as they exist on July 1, 2002.

(b) An owner or operator of a small rural HMIWI shall:

(1) Maintain records of the annual equipment inspections, any required maintenance, and any

repairs not completed within 10 days of an inspection or an alternate date approved by the DEQ.

(2) Submit an annual report containing information recorded under paragraph (b)(1) of this

section no later than 60 days following the year in which data were collected. The report shall

be signed by the facility's manager. Subsequent reports shall be sent no later than 12 calendar

months following the previous report until the HMIWI unit is subject to Part 70 permitting

requirements under 252:100-8. After the HMIWI unit is subject to Part 70 requirements, the

owner or operator must submit these reports semiannually.

252:100-17-50. Part 70 permits.

The owner or operator of a HMIWI, that is not otherwise a Part 70 source must submit to the

DEQ a complete application for a Part 70 operating permit on or before March 19, 2000.

252:100-17-51. Compliance schedules

(a) Except as provided in paragraphs (b) and (c) of the section, the owner or operator of any HMIWI

unit shall complywith all the requirements of this Part or shall close the HMIWI unit(s) and take any

steps necessary to render the unit(s) inoperable within 1 yearfollowing the approval of the State Plan

or by October 1, 2000, whichever date is first.

(b) The DEQ may grant an extension of up to 3 years or until September 16, 2002, whichever date

is earlier, for closing a HMIWI if the owner or operator demonstrates that no waste disposal options

exist other than onsite incineration. The owner or operator shall:

(1) Submit to the DEQ documentation of the analyses undertaken to support the need for an

extension, including an explanation of why 1 year after approval of the State plan is not

sufficient time to close the HMIWI.

(2) Submit to the DEQ an evaluation of the option to transport the waste offsite to a commercial

medical waste treatment and disposal facility on a temporary or permanent basis.

(3) Enter into a consent order to close. The closure order must include the date of plant closure.

(c) The DEQ will allow up to 3 years or until September 16, 2002, whichever date is earlier, for the

installation of air pollution control equipment to comply with the requirements of this Part provided

the owner or operator of the HMIWI:

(1) Submits a final control plan within 9 months of the date the State plan was approved or by

July 1, 2000, whichever date is first. The final control plan must include a description of the

control the source will use to comply with the emission limitations and other requirements.

(2) Awards contracts for control systems and process modification or orders for purchase of

components within 1 year of the date of State plan approval or by October 1, 2000, whichever

date is first.

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(3) Initiates on-site construction or installation of the air pollution device(s) or process changes

within 15 months of the date of State Plan approval or by January 1, 2001, whichever date is

first.

(4) Completes on-site construction or installation of control equipment or process changeswithin

30 months of date of State plan approval or by March 1, 2002, whichever date is first.

(5) Submits results of initial performance test to the DEQ within 34 months of the date of State

plan approval or by July 1, 2002, whichever date is first.

(6) Achieves final compliance with the emission limitations and other requirements within 3

years of the date of State plan approval or by September 16, 2002, whichever date is first.

PART 9. COMMERCIAL AND INDUSTRIAL SOLID WASTE INCINERATION UNITS

252:100-17-60. Effective date; applicability

(a) This Part applies to each individual commercial and industrial solid waste incineration (CISWI)

unit for which construction was commenced on or before November 30, 1999.

(b) If the owner or operator of a CISWI unit makes changes that meet the definition of modification

or reconstruction on or after June 1, 2001, the CISWI unit is no longer subject to this Part and

becomes subject to 40 CFR 60, Subpart CCCC, that has been adopted by reference at OAC 252:100-

4-5.

(c) If the owner or operator of a CISWI unit makes physical or operational changes to an existing

CISWI unit primarily to comply with this Part, such changes do not qualify as a modification or

reconstruction.

252:100-17-61. Definitions

The definitions in 40 CFR 60.2265 are hereby incorporated by reference, as they exist on

September 22, 2005.

252:100-17-62. Terminology related to 40 CFR

For purposes of interfacing with 40 CFR, the following terms apply:

"Affected facility" is synonymous with "commercial and industrial solid waste incinerator

(CISWI)" or "CISWI unit".

"Administrator" is synonymous with "Executive Director".

252:100-17-63. Exemptions

(a) Except as provided in subsections (b) through (p) of this section, each CISWI is subject to the

requirements in this Part.

(b) Pathological waste incineration units. Incineration units burning 90 percent or more byweight

(on a calendar quarter basis and excluding the weight of auxiliary fuel and combustion air) of

pathological waste, low-level radioactive waste, and/or chemotherapeutic waste as defined in 40

CFR 60.2265 are not subject to this Part if the owner or operator meets the two requirements

specified in paragraphs (b)(1) and (2) of this section.

(1) Notifies the DEQ that the unit meets these criteria.

(2) Keeps records on a calendar quarter basis of the weight of pathological waste, low-level

radioactive waste and/or chemotherapeutic waste burned, and the weight of all other fuels and

wastes burned in the unit.

(c) Agricultural waste incineration units. Incineration units burning 90 percent ormore byweight

(on a calendar quarter basis and excluding the weight of auxiliary fuel and combustion air) of

agricultural wastes as defined in 40 CFR 60.2265 are not subject to this Part if the owner or operator

meets the two requirements specified in paragraphs (c)(1) and (2) of this section.

(1) Notifies the DEQ that the unit meets these criteria.

(2) Keeps records on a calendar quarter basis of the weight of agricultural waste burned, and the

weight of all other fuels and wastes burned in the unit.

(d) Municipal waste combustion units. Incineration units that meet either of the two criteria

specified in paragraphs (d)(1) or (2) of this section are not subject to this Part.

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(1) Are regulated under Part 5 of this Subchapter or 40 CFR 60, Subpart Ea (Standards of

Performance for Municipal Waste Combustors); Subpart Eb (Standards of Performance for

Municipal Waste Combustors for Which Construction is Commenced After September 20,

1994); or Subpart AAAA (Standards of Performance for New Stationary Sources: Small

Municipal Waste Combustion Units).

(2) Burn greater than 30 percent municipal solid waste or refuse-derived fuel, as defined in 40

CFR 60, Subpart Ea, Subpart Eb, or Subpart AAAA, and that have the capacity to burn less than

35 tons (32 megagrams) per day of municipal solid waste or refuse-derived fuel, if the owner or

operator meets the two requirements in paragraphs (d)(2)(A) and (B) of this section.

(A) Notifies the DEQ that the unit meets these criteria.

(B) Keeps records on a calendar quarter basis of the weight of municipal solid waste

burned, and the weight of all other fuels and wastes burned in the unit.

(e) Medical waste incineration units. Incineration units regulated under Part 7 of the Subchapter

or 40 CFR 60, Subpart Ec (Standards of Performance for Hospital/Medical/Infectious Waste

Incinerators for Which Construction is Commenced AfterJune 20, 1996) are not subject to this Part.

(f) Small power production facilities. Units that meet the three requirements specified in

paragraphs (f)(1) through (3) of this section are not subject to this Part.

(1) The unit qualifies as a small power-production facility under section 3(17)(C) of the Federal

Power Act (16 U.S.C. 796(17)(C)).

(2) The unit burns homogeneous waste (not including refuse-derived fuel) to produce electricity.

(3) The owner or operator notifies the DEQ that the unit meets all of these criteria.

(g) Cogeneration facilities. Units that meet the three requirements specified in paragraphs (g)(1)

through (3) of this section are not subject to this Part.

(1) The unit qualifies as a cogeneration facility under section 3(18)(B) of the Federal Power Act

(16 U.S.C. 796(18)(B)).

(2) The unit burns homogeneous waste (not including refuse-derived fuel) to produce electricity

and steam or other forms of energy used for industrial, commercial, heating, or cooling purposes.

(3) The owner or operator notifies the DEQ that the unit meets all of these criteria.

(h) Hazardous waste combustion units. Units that meet either of the two criteria specified in

paragraph (h)(1) or (2) of this section are not subject to this Part.

(1) Units for which the owner or operators is required to get a permit under section 3005 of the

Solid Waste Disposal Act.

(2) Units regulated under 40 CFR part 63, Subpart EEEE (National Emission Standards for

Hazardous Air Pollutants from Hazardous Waste Combustors).

(i) Materials recovery units. Units that combust waste for the primary purpose of recovering

metals, such as primary and secondary smelters, are not subject to this Part.

(j) Air curtain incinerators. Air curtain incinerators that burn only the materials listed in

paragraphs (j)(1)through (3) of this section are only required to meet the requirements under 40 CFR

Sections 60.2245 through 60.2260 and the requirements of OAC 252:100-17-73.

(1) 100 percent wood waste.

(2) 100 percent clean lumber.

(3) 100 percent mixture of only wood waste, clean lumber, and/or yard waste.

(k) Cyclonic barrel burners.

(l) Rack, part, and drum reclamation units.

(m) Cement kilns. Kilns regulated under 40 CFR 63, Subpart LLL, (National Emission

Standards for Hazardous Air Pollutants from the Portland Cement Manufacturing Industry) are not

subject to this Part.

(n) Sewage sludge incinerators. Incineration units regulated under 40 CFR 60, Subpart O

(Standards of Performance for Sewage Treatment Plants) are not subject to this Part.

(o) Chemical recovery units. Combustion units burning materials to recover chemical constituents

or to produce chemical compounds where there is an existing commercial market for such recovered

chemical constituents or compounds are not subject to this Part.

The seven types of units described in paragraphs (o)(1) through (7) of this section are considered

chemical recovery units.

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(1) Units burning only pulping liquors (i.e., black liquor) that are reclaimed in a pulping liquor

recovery process and reused in the pulping process.

(2) Units burning only spent sulfuric acid used to produce virgin sulfuric acid.

(3) Units burning only wood or coal feedstock for the production of charcoal.

(4) Units burning only manufacturing byproduct streams/residues containing catalyst metals

which are reclaimed and reused as catalysts or used to produce commercial grade catalysts.

(5) Units burning only coke to produce purified carbon monoxide that is used as an intermediate

in the production of other chemical compounds.

(6) Units burning only hydrocarbon liquids or solids to produce hydrogen, carbon monoxide,

synthesis gas, or other gases for use in other manufacturing processes.

(7) Units burning only photographic film to recover silver.

(p) Laboratory analysis units. Units that burn samples of materials for the purpose of chemical

or physical analysis are not subject to this Part.

252:100-17-64. Emission limits

On and after the date on which the initial performance test is completed or is required to be

completed, whichever date comes first, no CISWI subject to this Part shall discharge into the

atmosphere from that facility any gases that contain stack emissions in excess of the emission limits

in Table 1 of 40 CFR 60, CCCC, which is hereby incorporated by reference as it exists on July 1,

2002.

252:100-17-65. Operating limits

(a) Except for 40 CFR 60.2110(b), a CISWI shall comply with all of the requirements specified 40

CFR 60.2110, 60.2115 and 60.2120 and Table 2 of 40 CFR 60, Subpart CCCC, which are hereby

incorporated by reference, as they exist on July 1, 2002.

(b) The CISWI must be operated within the operating limits established during initial performance

test.

252:100-17-66. Standards for CISWI operator training and qualification requirements

(a) The CISWI operator training and qualification requirements in 40 CFR 60.2070, 60.2080,

60.2085, 60.2090, 60.2095 and 60.2100 are hereby incorporated by reference, as they exist on July

1,2002.

(b) The operator training course must be completed by the latest of the three dates specified in (1)

through (3) of this paragraph.

(1) December 1, 2005.

(2) Six months after CISWI unit startup.

(3) Six months after an employee assumes responsibility for operating the CISWI unit or

assumes responsibility for supervising the operation of the CISWI unit.

252:100-17-67. Standards for waste management plans

(a) The CISWI waste management plan requirements in 40 CFR 60.2055 and 60.2065, are hereby

incorporated by reference, as they exist on July 1,2002.

(b) The waste management plan must be submitted to the DEQ no later than April 1, 2004.

252:100-17-68. Performance testing

40 CFR 60.2125 and 60.2130 are hereby incorporated by reference as they exist on July 1, 2002.

252:100-17-69. Initial compliance requirements

(a) 40 CFR 60.2135 is hereby incorporated by reference, as it exists on July 1, 2002.

(b) The initial performance test must be conducted no later than 180 days after the final compliance

date or December 1, 2005, whichever is earlier.

252:100-17-70. Continuous compliance requirements

40 CFR 60.2145, 60.2150, 60.2155, and 60.2160 are hereby incorporated by reference, as they

exist on July 1, 2002.

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252:100-17-71. Monitoring

40 CFR 60.2165 and 60.2170 are hereby incorporated by reference, as they exist on July 1, 2002.

252:100-17-72. Reporting and recordkeeping requirements

Except for 40 CFR 60.2175(g), 40 CFR 60.2175, 60.2180, 60.2200, 60.2205, 60.2210, 60.2215,

60.2220, 60.2225, 60.2230, 60.2235 and 60.2240 are hereby incorporated by reference, as they exist

on July 1, 2002.

252:100-17-73. Part 70 permits

(a) The owner or operator of a CISWI, that is not otherwise a Part 70 source, must submit to the

DEQ a complete application for a Part 70 operating permit on or before December 1, 2003.

(b) 40 CFR 60.2242 is hereby incorporated by reference, as it exists on July 1, 2002.

252:100-17-74. Air curtain incinerators

(a) 40 CFR 60.2245, 60.2255 and 60.2260 are herebyincorporated byreference, as theyexist on July

1, 2002.

(b) After the date the initial stack test is required or completed (whichever is earlier), the owner or

operator must meet the limitations in paragraphs (b)(1) and (2) of this section.

(1) The opacity limitation is 10 percent (6-minute average), except as described in paragraph

(b)(2) of this section.

(2) The opacity limitation is 35 percent (6-minute average) during the startup period that is

within the first 30 minutes of operation.

(c) Except during malfunctions, the requirements of OAC 252:100-17-74(b) apply at all times, and

each malfunction must not exceed 3 hours.

252:100-17-75. Compliance schedules

(a) Except as provided in paragraphs (b) and (c) of this section, the owner or operator of anyCISWI

unit, including air curtain incinerators, shall comply with all the requirements of this Part or shall

close the CISWI unit(s) and take any steps necessary to render the unit(s) inoperable by December

1, 2003.

(b) The DEQ may grant an extension to December 1, 2005, for closing a CISWI if the owner or

operator demonstrates that no waste disposal options exist other than onsite incineration. The owner

or operator shall:

(1) Submit to the DEQ documentation of the analyses undertaken to support the need for an

extension, including an explanation of why 1 year after approval of the State plan is not

sufficient time to close the CISWI.

(2) Submit to the DEQ an evaluation of the option to transport the waste offsite to a commercial

waste treatment and/or disposal facility on a temporary or permanent basis.

(3) Enter into a consent order to close. The closure order must include the date of plant closure.

(c) The DEQ will allow an extension to December 1, 2005, for the installation of air pollution

control equipment to comply with the requirements of this Part provided the owner or operator of

the CISWI:

(1) Submits a final control plan by January 1, 2004. The final control plan must include a

description of the control the source will use to comply with the emission limitations and other

requirements.

(2) Achieves final compliance with the emission limitations and other requirements by

December 1, 2005.

(d) The owner or operator of the CISWI shall send written notification to the DEQ to confirm

achievement of the events specified in (c)(2) of this section.

(1) The notification shall be postmarked no later than 10 business days after the compliance date

for the requirement.

(2) The notification shall include the signature of the owner or operator.

(e) If the owner or operator fails to meet any of the compliance requirements specified in OAC

252:100-17-75(c), he shall notify the DEQ in writing within 10 business days after the compliance

deadline and continue to submit reports each subsequent calendar month until compliance with that

requirement is achieved.

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252:100-17-76. CISWI closure

(a) If the CISWI unit is closed but will be restarted prior to December 1, 2005, the owner or operator

shall meet the increments of progress specified in OAC 252:100-17-75.

(b) If the CISWI unit is closed but will be restarted on or after December 1, 2005, the owner or

operator shall complete emission control retrofits and meet the emission limitations and operating

limits on the date the CISWI unit restarts operations.

(c) If the CISWI unit is permanently closed, the owner or operator shall submit a closure

notification, including the date of closure, to the DEQ by January 1, 2004.

PART 11. OTHER SOLID WASTE INCINERATION UNITS

252:100-17-90. Effective date; applicability

(a) This Part applies to each individual existing other solid waste incineration (OSWI) unit or air

curtain incinerator for which construction was commenced on or before December 9, 2004.

(b) OSWI units for which construction was commenced after December 9, 2004 are subject to 40

CFR 60, Subpart EEEE.

(c) If the owner or operator of an OSWI unit makes changes that meet the definition of modification

or reconstruction on or after June 16, 2006, the OSWI unit or air curtain incinerator is no longer

subject to this Part and becomes subject to 40 CFR 60, Subpart EEEE.

(d) If the owner or operator of an OSWI unit makes physical or operational changes to an existing

OSWI unit or air curtain incinerator primarily to comply with this Part, such changes do not qualify

as a modification or reconstruction.

(e) Applicability of this Part to air curtain incinerators is in 40 CFR 60.2888, which is incorporated

by reference as it exists on December 16, 2005.

252:100-17-91. Definitions

The definitions in 40 CFR 60.2977 are hereby incorporated by reference, as they exist on

December 16, 2005.

252:100-17-92. Terminology related to 40 CFR

For purposes of interfacing with 40 CFR, the following terms apply:

"Affected facility" is synonymous with "other solid waste incinerator (OSWI)" or "OSWI unit"

or "air curtain incinerator."

"Existing OSWI" is any unit or air curtain incinerator for which construction was commenced

on or before December 9, 2004.

"Final compliance" means that an owner/operator has completed all process changes and

retrofit of control devices so that, when the incineration unit begins operation, all process changes

and air pollution control devices necessary to meet the emission limitations operate as designed.

252:100-17-93. Exemptions

This Part does not apply to the types of units described in OAC 252:100-17-93(1) through (16)

if the owner or operator meets the requirements of this Section.

(1) Cement kilns. The unit is excluded if it is regulated under 40 CFR 63, subpart LLL

(National Emission Standards for Hazardous Air Pollutants from the Portland Cement

Manufacturing Industry).

(2) Co-fired combustors. The unit, that would otherwise be considered a very small municipal

waste combustion unit, is excluded if the owner or operator of the unit meets the five

requirements specified in OAC 252:100-17-93(2)(A) through (E).

(A) Has a Federally enforceable permit limiting the combustion of municipal solid waste

to 30% of the total fuel input by weight.

(B) Notifies the Director that the unit qualifies for the exclusion.

(C) Provides the Administrator with a copy of the federally enforceable permit.

(D) Records the weights, each calendar quarter, of municipal solid waste and of all other

fuels combusted.

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(E) Keeps each report for 5 years. These records must be kept on site for at least 2 years,

but may be kept off site for the remaining 3 years.

(3) Cogeneration facilities. The unit is excluded if it meets the three requirements specified in

OAC 252:100-17-93(3)(A) through (C).

(A) The unit qualifies as a cogeneration facility under section 3(18)(B) of the Federal

Power Act (16 U.S.C. 796(18)(B)).

(B) The unit burns homogeneous waste (not including refuse-derived fuel) to produce

electricity and steam or other forms of energy used for industrial, commercial, heating, or

cooling purposes.

(C) The owner or operator of the unit notifies the Director that the unit meets all of these

criteria.

(4) Commercial and industrial solid waste incineration units. The unit is excluded if it is

regulated under 40 CFR 60, subparts CCCC or DDDD or 40 CFR 62, subpart III and is required

to meet the emission limitations established in those subparts.

(5) Hazardous waste combustion units. The unit is excluded if it meets either of the two

criteria specified OAC 252:100-17-93(5)(A) or (B).

(A) The owner/operator of the unit is required to get a permit for the unit under section

3005 of the Solid Waste Disposal Act.

(B) The unit is regulated under 40 CFR part 63, subpart EEE (National Emission

Standards for Hazardous Air Pollutants from Hazardous Waste Combustors).

(6) Hospital/medical/infectious waste incinerators. The unit is excluded if it is regulated

under 40 CFR 60, subparts Ce or Ec (New Source Performance Standards and Emission

Guidelines for Hospital/Medical/Infectious Waste Incinerators) or 40 CFR 62, subpart HHH

(Federal Plan for Hospital/Medical/ Infectious Waste Incinerators constructed on or before June

20, 1996).

(7) Rural institutional waste incinerators. The incineration unit is excluded if it is an

institutional waste incinerator, as defined in OAC 252:100-17-91, and the application for

exclusion described in OAC 252:100-17-93(7)(A) and (B) has been approved by the Director.

(A) Prior to 1 year before the final compliance date, an application and supporting

documentation demonstrating that the institutional waste incineration unit meets the two

requirements specified in OAC 252:100-17-93(7)(A)(i) and (ii) must be submitted to the

Director for approval.

(i) The unit is located more than 50 miles from the boundary of the nearest Metropolitan

Statistical Area,

(ii) Alternative disposal options are not available or are economically infeasible.

(B) The application described in OAC 252:100-17-93(7)(A) must be revised and

resubmitted to the Director for approval every 5 years following the initial approval of the

exclusion for the unit.

(C) If the owner or operator re-applied for an exclusion pursuant to OAC 252:100-17-

93(7)(B) and was denied exclusion by the Director, the owner or operator has 3 years from

the expiration date of the current exclusion to comply with the emission limits and all other

applicable requirements of this subpart.

(8) Institutional boilers and process heaters. The unit is excluded if it is regulated under 40

CFR part 63, subpart DDDDD (National Emission Standards for Hazardous Air Pollutants for

Industrial, Commercial, and Institutional Boilers and Process Heaters).

(9) Laboratory Analysis Units. The unit is excluded if it burns samples of materials only for

the purpose of chemical or physical analysis.

(10) Materials recovery units. The unit is excluded if it combusts waste for the primary

purpose of recovering metals. Examples include primary and secondary smelters.

(11) Pathological waste incineration units. The institutional waste incineration unit or very

small municipal waste combustion unit is excluded from this subpart if it burns 90% or more by

weight (on a calendar quarter basis and excluding the weight of auxiliary fuel and combustion

air) of pathological waste, low-level radioactivewaste, and/or chemotherapeutic waste as defined

in OAC 252:100-17-91 and the owner or operator of the unit notifies the Director that the unit

meets these criteria.

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(12) Small or large municipal waste combustion units. The unit is excluded if it is

regulated under 40 CFR 60, AAAA, BBBB, Ea, Eb, or Cb, 40 CFR 62, subparts FFF or JJJ and

is required to meet the emission limitations established in those subparts.

(13) Small power production facilities. The unit is excluded if it meets the three

requirements specified in OAC 252:100-93(13)(A) through (C).

(A) The unit qualifies as a small power-production facility under section 3(17)(C) of the

Federal Power Act (16 U.S.C. 796(17)(C)).

(B) The unit burns homogeneous waste (not including refuse-derived fuel) to produce

electricity.

(C) The owner or operator of the unit notifies the Director that the unit meets all of these

criteria.

(14) Temporary-use incinerators and air curtain incinerators used in disaster recovery.

The incineration unit is excluded if it is used on a temporary basis to combust debris from a

disaster or emergency such as a tornado, hurricane, flood, ice storm, high winds, or act of

bioterrorism and complies with the requirements in 40 CFR 60.2969.

(15) Units that combust contraband or prohibited goods. The incineration unitis excluded

if the unit is owned or operated by a government agency such as police, customs, agricultural

inspection, or a similar agency to destroy only illegal or prohibited goods such as illegal drugs,

or agricultural food products that can not be transported into the country or across state lines to

prevent biocontamination. The exclusion does not apply to items either confiscated or

incinerated by private, industrial, or commercial entities.

(16) Incinerators used for national security. The incineration unit is excluded if it meets

the requirements specified in either OAC 252:100-17-93(A) or (B).

(A) The incineration unit is used solely during military training field exercises to destroy

national security materials integral to the field exercises.

(B) The incineration unit is used solely to incinerate national security materials, its use

is necessary to safeguard national security, the owner or operator follows the exclusion

request requirements in OAC 252:100-17-93(16)(B)(i) and (ii), and the Director has

approved the request for exclusion.

(i) The request for exclusion and supporting documentation must demonstrate both that

the incineration unit is used solely to destroy national security materials and that a

reliable alternative to incineration that ensures acceptable destruction of national security

materials is unavailable, on either a permanent or temporary basis.

(ii) The request for exclusion must be submitted to the Director prior to 1 year before the

final compliance date.

252:100-17-94. Emission limits

On and after the date on which the initial performance test is completed or is required to be

completed, whichever date comes first, no OSWI subject to this Part shall discharge into the

atmosphere from that facility any gases that contain stack emissions in excess of the emission limits

in Table 1 of 40 CFR 60, EEEE. Table 1 of 40 CFR 60, Subpart EEEE is hereby incorporated by

reference as it exists on December 16, 2005.

252:100-17-95. Operating limits

(a) Except for 40 CFR 60.2916(b), an OSWI shall comply with all of the requirements specified in

40 CFR 60.2916, 60.2917 and 60.2918 and Table 2 of 40 CFR 60, subpart EEEE, which are hereby

incorporated by reference, as they exist on December 16, 2005.

(b) The OSWI must be operated within the operating limits established during initial performance

test beginning on the date 180 days after final compliance date.

(c) The final compliance date can be no later than 3 years after the effective date of State plan

approval or December 16, 2010, whichever is earlier.

252-100-17-96. Standards for OSWI operator training and qualification requirements

(a) The OSWI operator training and qualification requirements in 40 CFR 60.2905, 60.2907,

60.2908, 60.2909, 60.2910 except for 60.2910(b)(1), and 60.2911 are hereby incorporated by

117
reference, as they exist on December 16, 2005. 

(b) The operator training course must be completed by the latest of the three dates specified in OAC

252:100-17-96(b)(1) through (3).

(1) Final Compliance date.

(2) Six months after OSWI unit startup.

(3) Six months after an employee of the owner/operator assumes responsibility for operating the

OSWI unit or assumes responsibility for supervising the operation of the OSWI unit.

(c) The initial review of documentation required to be kept on site as required in 40 CFR 60.2910

must be conducted by the latest of three dates specified in OAC 252:100-17-96(c)(1) through (3).

(1) Final Compliance date.

(2) Six months after OSWI unit startup.

(3) Six months after an employee assumes responsibilityfor operating the OSWI unit or assumes

responsibility for supervising the operation of the OSWI unit.

252:100-17-97. Waste Management Plans

Unless otherwise exempted, the owner or operator of an OSWI unit subject to this Part shall

submit a waste management plan, as specified in 40 CFR 60.2899 and 60.2901, to the Director no

later than 60 days following the initial performance test as specified in OAC 252:100-17-98 and

252:100-17-99. Parts 60.2899 and 60.2901 of Title 40 of CFR are hereby incorporated by reference

as they exist on December 16, 2005.

252:100-17-98. Performance testing

Parts 60.2922 and 60.2923 of Title 40 of CFR are hereby incorporated by reference as they exist

on December 16, 2005.

252:100-17-99. Initial compliance requirements

(a) The owner or operator must conduct an initial performance test, as required under 40 CFR 60.8,

to determine compliance with the emission limitations in Table 1 of 40 CFR 60 subpart EEEE and

to establish operating limits using the procedure in 40 CFR 60.2916 or 60.2917 except for

60.2916(b). The initial performance test must be conducted using the test methods listed in Table

1 of 40 CFR 60 subpart EEEE and the procedures in 40 CFR 60.2922.

(b) The initial performance test must be conducted no later than 180 days after the final compliance

date.

252:100-17-100. Continuous compliance requirements

Parts 60.2932, 60.2933, 60.2934, and 60.2935 of Title 40 of CFR are hereby incorporated by

reference, as they exist on December 16, 2005.

252:100-17-101. Monitoring

(a) Except for 2940(b), an OSWI shall comply with 40 CFR 60.2939, 60.2940, 60.2941, 60.2942,

60.2943, 60.2944, and 60.2945, which are hereby incorporated by reference as they exist on

December 16, 2005.

(b) The initial evaluation of the CEMS shall be completed within 180 days after the final compliance

date in OAC 252:100-17-106(a)

252:100-17-102. Reporting and recordkeeping requirements

(a) Parts 60.2949, 60.2950, 60.2951, 60.2954, 60.2955, 60.2956, 60.2957, 60.2958, 60.2959,

60.2960, 60.2961, and 60.2962 of Title 40 of CFR are hereby incorporated by reference as they exist

on December 16, 2005.

(b) The owner or operator of an OSWI must also submit a waste management plan as specified in

OAC 252:100-17-97.

252:100-17-103. Part 70 permits

The owner or operator of an OSWI that does not meet requirements for exemption as listed in

252:100-17-92 must submit to the Director a complete application for a Part 70 operating permit on

or before December 1, 2008.

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252:100-17-104. Requirements for temporary-use incinerators and air curtain incinerators

used in disaster recovery

Part 60.2969 of Title 40 of CFR is hereby incorporated by reference as it exists on December 16,

2005.

252:100-17-105. Air curtain incinerators that burn only wood waste, clean lumber, and yard

waste

(a) Parts 60.2970, 60.2971 except for 60.2971(a), 60.2972, 60.2973 except for 60.2973(a), and

60.2974 of Title 40 of CFR are hereby incorporated by reference as they exist on December 16,

2005.

(b) Within 180 days after the final compliance date, the two limitations specified in paragraphs OAC

252:100-17-105(b)(1) and (2) must be met.

(1) The opacity limitation is 10 percent (6 minute Method 9 block average), except as described

in paragraph (b)(2) of this section.

(2) The opacity limitation is 35 percent (6-minute average) during the startup period that is

within the first 30 minutes of operation. 

(c) Except duringmalfunctions, the requirements of OAC 252:100-17-105(b) applyat all times, and

each malfunction must not exceed 3 hours.

252:100-17-106. Compliance schedules

(a) The final compliance date can be no later than 3 years after the effective date of State plan

approval or December 16, 2010, whichever is earlier.

(b) The owner or operator must submit a notification to the Director stating whether final

compliance has been achieved, postmarked within 10 business days after the final compliance date.

252:100-17-107. OSWI closure

(a) If the OSWI unit is closed but will be restarted prior to final compliance date as contained in

OAC 252:100-17-106(a), the owner or operator shall meet the final compliance date.

(b) If the OSWI unit is closed but will be restarted on or after the final compliance date specified in

OAC 252:100-17-106(a), the owner or operator shall complete emission control retrofits and meet

the emission limitations and operating limits on the date the OSWI unit restarts operations. An

initial performance test must be conducted within 30 days of restarting an OSWI unit.

(c) If the OSWI unit is permanently closed, it must be closed before the final compliance date

specified in OAC 252:100-17-106(a) and the owner or operator shall submit a closure notification,

including the date of closure, to the Director by the final compliance date.

252:100-17-108. Equations

Equations to use when calculations are required to complywith this Part are contained in 40 CFR

60.1975, which is hereby incorporated by reference as it exists on December 16, 2005.

SUBCHAPTER 19. CONTROL OF EMISSION OF PARTICULATE MATTER

Section

252:100-19-1. Purpose

252:100-19-1.1.Definitions

252:100-19-2. Emission of particulate matter prohibited [REVOKED]

252:100-19-3. Existing equipment [REVOKED]

252:100-19-4. Allowable particulate matter emission rates from fuel-burning units

252:100-19-5. Refuse burning prohibited [REVOKED]

252:100-19-6. Allowable emission of particulate matter [REVOKED]

252:100-19-7. Particulate matter emission limits [REVOKED]

252:100-19-10. Allowable particulate matter emission rates from indirectly fired wood fuelburning units

252:100-19-11. Allowable particulate matter emission rates from combined wood fuel and fossil 

i. 

119
fuel fired steam generating units

252:100-19-12. Allowable particulate matter emission rates from directlyfired fuel-burning units

and industrial processes

252:100-19-13. Permit by rule

252:100-19-1. Purpose

The purpose of this Subchapter is to control the emission of particulate matter.

252:100-19-1.1. Definitions

The following words and terms, when used in this Subchapter, shall have the following meaning

unless the context clearly indicates otherwise:

"Condensable particulate matter" means material that is vapor phase at stack conditions, but

which condenses and/or reacts upon cooling and dilution in the ambient air to form solid or liquid

particulate matter immediately after discharge from the stack. Condensable particulate matter is

considered PM-2.5.

"Filterable particulate matter" means particles that are directly emitted by a source as a solid

or liquid at stack or release conditions and captured on the filter of a stack test train.

"Fuel-Burning unit"means anyinternal combustion engine or gas turbine, or other combustion

device used to convert the combustion of fuel into usable energy.

"Fossil fuel" means coal, petroleum, natural gas, or any fuel derived from coal, petroleum, or

natural gas.

"Haul road" means a road on private property used to transport material or equipment by

motorized vehicles.

"Industrial process" means any source, activity or equipment, excluding fuel-burning units,

which can reasonably be expected to emit particulate matter. The term includes, but is not limited

to crushing, milling, screening, mixing and conveying. The term does not include maintenance

activities unless maintenance is the primary activity of the facility.

"Particulate matter facility" means a facility from which particulate matter is the predominant

emission, excluding fugitive emissions and emissions resulting from control equipment

malfunctions.

"Total particulate matter" means the sum of all filterable and condensable particulate matter

emitted to the ambient air as measured by applicable reference methods, or an equivalent or

alternative method.

"Wood fuel" means any fuel which, excluding air and water, is at least 80 percent by weight

cellulose, hemicellulose and lignin, and has a heat value of less than 9,500 BTU per pound; or any

wood derived fuel as approved by the Division. 

252:100-19-2. Emission of particulate matter prohibited [REVOKED]

252:100-19-3. Existing equipment [REVOKED]

252:100-19-4. Allowable particulate matter emission rates from fuel-burning units

Except as provided in 252:100-19-10, 252:100-19-11 and 252:100-19-12 the emission of

particulate matter resulting from the combustion of fuel in anynew or existing fuel-burning unit shall

not exceed the limits specified in Appendix C.

252:100-19-5. Refuse burning prohibited [REVOKED]

252:100-19-6. Allowable emission of particulate matter [REVOKED]

252:100-19-7. Particulate matter emission limits [REVOKED]

252:100-19-10. Allowable particulate matter emission rates from indirectly fired wood fuelburning units

The emission of particulate matter resulting from the combustion of wood fuel in any new or

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existing indirectly fired fuel-burning unit shall not exceed the limits specified in Appendix D.

252:100-19-11. Allowable particulate matter emission rates from combined wood fuel and

fossil fuel fired steam generating units

Any combined wood fuel and fossil fuel fired steam generating unit with a maximum design heat

input of more than 250 million BTUs per hour which commenced construction after March 4, 1978,

shall not emit total particulate matter in excess of 0.1 pound per million BTUs

252:100-19-12. Allowable particulate matter emission rates fromdirectly fired fuel-burning

units and industrial processes

The emission of particulate matter from any new or existing directly fired fuel-burning unit or

from any emission point in an industrial process shall not exceed the limits specified in Appendix

G.

252:100-19-13. Permit by rule

(a) Applicability. Any particulate matter facility may be constructed or operated under this section

if:

(1) it meets the requirements in 252:100-7-60, and

(2) it is not subject to any New Source Performance Standard (NSPS), National Emission

Standard for Hazardous Air Pollutants (NESHAP), Maximum Achievable Control Technology

(MACT) standard or other Permit by Rule (PBR).

(b) Requirements. In addition to the requirements of 252:100, the owner or operator of a particulate

matter facility permitted under this section shall comply with the following requirements. 

(1) All water sprays, bag houses, cyclones, or other particulate matter control equipment shall

be properly maintained and operated.

(2) Haul roads and material piles shall be watered or treated as necessary to minimize emissions

of fugitive dust.

SUBCHAPTER 21. PARTICULATE MATTER EMISSIONS FROM WOOD-WASTE

BURNING EQUIPMENT [REVOKED]

Section

252:100-21-1. Purpose [REVOKED]

252:100-21-2. Emission prohibition [REVOKED]

252:100-21-3. Limitations [AMENDED AND RENUMBERED TO 252:100-19-11]

252:100-21-4. Allowable emissions [REVOKED]

252:100-21-5. Emission limits [AMENDED AND RENUMBERED TO 252:100-19-10]

252:100-21-1. Purpose [REVOKED]

252:100-21-2. Emission prohibition [REVOKED]

252:100-21-3. Limitations [AMENDED AND RENUMBERED TO 252:100-19-11]

252:100-21-4. Allowable emissions [REVOKED]

252:100-21-5. Emission limits [AMENDED AND RENUMBERED TO 252:100-19-10]

SUBCHAPTER 23. CONTROL OF EMISSIONS FROM COTTON GINS

Section

252:100-23-1. Purpose

252:100-23-2. Definitions

252:100-23-3. Applicability, general requirements

252:100-23-4. Visible emissions (opacity) limit

121
252:100-23-5. Emission control equipment

252:100-23-6. Fugitive dust controls

252:100-23-7. Permit by rule

252:100-23-1. Purpose

The purpose of this Subchapter is to control emissions from cotton gins.

252:100-23-2. Definitions

The followingwords and terms, when used in this Subchapter, shall have the followingmeaning,

unless the context clearly indicates otherwise:

"Cotton gin" means any facility that removes seed, lint, and trash from raw cotton and bales of

lint cotton for further processing. Each equipment exhaust, including the trash and burr hopper,

located at a cotton gin shall be considered an individual process emission source.

"Existing gin" means a gin which was in existence and had submitted current emission

inventories to the Division for the most recent two ginning seasons and was in possession of a valid

annual renewable fee receipt prior to May 1, 1993. All other gins shall be considered "new".

"Gin site" means the land upon which a cotton gin is located and all contiguous land having

common ownership or use.

"High efficiency cyclone" means any cyclone type collector of the 2D-2D or 1D-3D

configuration. These designations refer to the ratio of cylinder to cone length, where D is the

diameter of the cylinder portion. A 2D-2D cyclone would exhibit a cylinder length of 2 x D and a

cone length of 2 x D (90 percent collection efficiency). A 1D-3D cyclone would exhibit a cylinder

length of 1 X D and a cone length of 3 x D (95 percent collection efficiency).

"High pressure exhausts" means the exhaust cotton handling air systems located at a cotton

gin which are not defined as "low pressure exhausts".

"Low pressure exhausts" means the exhaust air systems at a cotton gin which handle air from

the cotton lint handling system and battery condenser.

252:100-23-3. Applicability, general requirements

(a) Applicability. Effective May 1, 1993, the provisions of this Subchapter are applicable to all

new, modified, and existing cotton gins operating in the State of Oklahoma. Cotton gins in

compliance with this Subchapter are exempt from the requirements of 252:100-25, 252:100-19-12,

and 252:100-29.

(b) General requirements.

(1) Permits required. In addition to the requirements of this Subchapter, each new or modified

cotton gin shall comply with the permitting requirements of OAC 252:100-7.

(2) Air toxics emissions. The requirements of this Subchapter are in addition to any which may

be required under 252:100-41.

(3) Recordkeeping. The owner or operator of a cotton gin shall maintain a log documenting the

dailyprocess weight and hours of operation . Air emission control equipment replacement/repair

costs shall also be recorded. These records shall be maintained for a period of two years and

shall be made available for inspection by DEQ personnel during normal business hours.

(4) Test methods.

(A) Visible emissions testingshall be conducted using EPA reference method 9 contained

in 40 CFR Part 60, Appendix A . Testing shall be performed by a Certified Visible

Emissions Evaluator.

(B) Dispersion modeling for PM-10 shall be performed using an EPA approved modeling

method.

252:100-23-4. Visible emissions (opacity) and particulates

(a) Opacity limit. No person shall allow the discharge of any fumes, aerosol, mist, gas, smoke,

vapor, particulate matter or any combination thereof exhibiting greater than 20% opacity. This

requirement shall not apply to visible emissions exhibiting greater than 20% opacity emitted during

short-term occurrences, which consist of not more than one six-minute period in any consecutive 60

minutes, not to exceed three such periods in any consecutive 24 hours, during which the average of

122
any six-minute period shall not exceed 60% opacity.

(b) Alternative opacity limit. The 20% opacity limit as required under 252:100-23-4(a) may be

increased for particulates only provided that the owner or operator demonstrates to the satisfaction

of the Air Quality Council at public hearing that those requirements listed in 252:100-25-4(a)

through (c) have been met.

(c) PM-10 emissions limit. No cotton gin shall be operated so as to cause or contribute to a

violation of the PM-10 ambient air quality standards or any other ambient air quality standard

established in 252:100-3.

252:100-23-5. Emission control equipment

(a) Low pressure exhausts. For emission control from low pressure exhausts, the use of screens

with a mesh size of 70 by 70 or finer (U.S. Sieve), or the use of perforated condenser drums with

holes not exceeding 0.045 inches in diameter or equipment of equivalent design efficiency as

determined by the Executive Director shall be required.

(b) High pressure exhausts. For emission control from high pressure exhausts, the use of 2D-2D

cyclones shall be required for existing gins. Existing gins shall install and use 1D-3D cyclone

collectors or equivalent when the capital cost of repair or replacement of the existing 2D-2D cyclone

exceeds 50% of the capital cost of a new 1D-3D cyclone. New or modified cotton gins shall utilize

a 1D-3D cyclone collector or equipment of equivalent collection efficiency upon commencement

of operation.

(c) Burr hoppers. For emission control during dumping, burr hoppers at existing gin sites located

within the corporate city limits of any city or within 300 feet of two or more occupied

establishmentsmust be totally enclosed. All new gin sites shall install and use a total enclosure on

the burr hopper.

252:100-23-6. Fugitive dust controls

(a) For control of fugitive dust, no person shall allow the handling, transporting, or disposition of

any substance or material that is likely to be scattered by the air or wind, and no person shall operate

or maintain any gin site, open area, right-of-way, storage pile or materials, vehicle, or construction,

or any other enterprise which involves any material or substance likely to be scattered by the wind

or air, that would be classified as air pollution without taking reasonable precautions to minimize

atmospheric pollution.

(b) No person shall allow the discharge of any visible fugitive dust emissions beyond the property

line on which the emissions originate.

252:100-23-7. Permit by rule

(a) Applicability. Any new or existing facility may be constructed or operated under this section

if it meets the requirements of 252:100-7-60(a), (b), and (c) and has the Standard Industrial

Classification (SIC) code 0724 Cotton Ginning.

(b) Requirements.

(1) In addition to the requirements in 252:100-7-60(a), (b), and (c), an owner or operator of a

facility subject to this section shall comply with all of the requirements of this Subchapter.

(2) Maximum production rate of a facility subject to this section shall be 36,000 bales per year.

SUBCHAPTER 24. PARTICULATE MATTER EMISSIONS FROM GRAIN, FEED OR

SEED OPERATIONS

Section

252:100-24-1. Purpose

252:100-24-2. Definitions

252:100-24-3. Applicability, general requirements

252:100-24-4. Visible emissions (opacity) limit

252:100-24-5. Certification

252:100-24-6. Fugitive dust controls

252:100-24-7. Permit by rule

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252:100-24-1. Purpose

The purpose of this Subchapteris to control emissions from facilities that handle, store or process

grains, feeds or seeds. 

252:100-24-2. Definitions

The following words and terms when used in this subchapter, shall have the following meaning,

unless the context clearly indicates otherwise:

"Enclosed Grain Handling Equipment" means equipment that is totally self-contained or is

enclosed within a structure at a grain, feed, or seed facility. Emissions from this equipment shall not

be exhausted to the atmosphere except through non-pressurized vents/openings, and shall not be

considered a source subject to emission calculations.

"Grain, Feed, or Seed Facility" means the contiguous or adjacent area under common control

upon which a grain elevator, feed mill, or grain and seed processing equipment or structures are

located, and all contiguous sites having common control.

"Grain, Feed, or Seed Operation" means any facility or installation at which grain, feed, or

seed is loaded, handled, cleaned, dried, stored, treated, or otherwise processed.

"Leg Capacity" means the maximum process rate for which the manufacturer designs the

elevating portion of a grain, feed, or seed facility on a per leg basis.

"Loading-out hours of operation" means the hours calculated by dividing the cumulative total

quantity loaded out for a given time period by 75% of the rated leg capacity. This quotient is

equivalent hours (not actual hours) of operation required to process the material loaded out. Actual

leg capacity may be adjusted to more or less than 75% by individual facilities if documentation

supporting the proposed adjustment is submitted to and approved by the Division Director.

"Non-pressurized Vent or Opening" means any vent or opening which allows the emissions

of air and/or contaminants at pressures substantially equivalent to atmospheric pressure without the

use of mechanically-induced air flow.

"Pressurized Vent or Opening" means any vent or opening which allows the emissions of air

and/or contaminants at pressures greater than atmospheric pressure indicating the use of

mechanically-induced air flow.

"Receiving hours of operation" means hours calculated by dividing the cumulative total

quantity received for a given time period by 75% of the rated leg capacity. This quotient is

equivalent hours (not actual hours) of operation required to process the material received. Actual

leg capacity may be adjusted to more or less than 75% by individual facilities if documentation

supporting the proposed adjustment is submitted to and approved by the Division Director.

"Total hours of operation" means the sum of the receiving hours of operation and the loading

out hours of operation. Actual hours may be less since receiving and loading-out operations may

occur simultaneously.

252:100-24-3. Applicability, general requirements

(a) Applicability. The provisions of this Subchapter are applicable to all new, modified, and

existing grain, feed, or seed facilities in the State of Oklahoma.

(1) Facilities in compliance with 252:100-25, 252:100-19-12, and 252:100-29 are not required

to comply with this Subchapter.

(2) Facilities in compliance with this Subchapter are exempt from the requirements of 252:100-

25 (visible emissions), 252:100-19-12 (process weight), and 252:100-29 (fugitive dust).

(b) General requirements.

(1) Permits required. In addition to the requirements of this subchapter, each new, modified

or existing grain, feed, or seed facility shall comply with the permitting requirements of 

252:100-7 or 252:100-8.

(2) Air toxics emissions. Grain, feed, or seed facilities that emit toxic air pollutants specified

in 252:100-42 are subject to all applicable requirements contained therein.

(3) Record-keeping. The owner or operator of a facility shall maintain a daily log documenting

commodity receipts and load-outs and hours of operation for each. These records shall be

maintained for a period of two years and shall be made available for inspection by the DEQ

during normal business hours.

124
(4) Visible emissions test. Visible emissions (opacity) testing shall be conducted using EPA

reference method 9 contained in 40 CFR, Part 60, Appendix A and must be performed by a

Certified Visible Emission Evaluator.

(5) Determination of emissions. Emissions from grain, feed, or seed facilities shall be

determined by the best available data. This may include actual emissions as determined by stack

testing, mass balance calculations, emission calculations using approved published emissions

factors, or any other reasonably accurate method approved in advance by the DEQ.

252:100-24-4. Visible emissions (opacity) limit

(a) Opacity limit. No person shall allow the discharge of any fumes, aerosol, mist, gas, smoke,

vapor, particulate matter or any combination thereof exhibiting greater than 20% opacity. This

requirement shall not apply to visible emissions exhibiting greater than 20% opacity emitted during

short-term occurrences, which consist of not more than one six-minute period in any consecutive 60

minutes, not to exceed three such periods in any consecutive 24 hours, during which the average of

any six-minute period shall not exceed 60% opacity.

(b) Alternate opacity limit. The 20% opacity limit required under 252:100-24-4 (a) may be

increased for particulates only provided that the owner or operator demonstrates to the satisfaction

of the Air Quality Council at public hearing that those requirements listed in 252:100-25-4 (a)

through (c) have been met.

(c) Exceptions. Exceptions to the 20% opacity limit described in 252:100-24-4 (a) are provided as

follows:

(1) Visible emissions from loading-out (shipping)shall be no more than sixty-five percent (65%)

opacity, and visible emissions from unloading (receiving) shall be no more than fifty-five percent

(55%) opacity.

(2) Emissions from pressurized vents or openings without control devices shall either be

enclosed, exhausted through a control device, or shall be limited to no greater than ten percent

(10%) opacity.

(3) Emissions from non-pressurized vents or openings without control devices shall be limited

to no greater than 10% opacity.

252:100-24-5. Certification

(a) Initial certification. Any grain, feed or seed facility in existence on September 28, 1994, shall

provide written certification of compliance with this subchapter by September 28, 1995, or within

six months of receiving an initial certification form from DEQ.

(b) Annual certification. The owner, operator or other designated responsible party of a grain, feed

or seed facility shall submit along with the annual emissions inventory, an annual certification of

quantities received and loaded-out.

252:100-24-6. Fugitive dust controls

(a) All facilities will take reasonable precautions to prevent the discharge of any fugitive dust

emissions beyond the property line from which the emissions originate.

(b) No persons shall allow fugitive dust emissions beyond the property line in such a manner as to

damage or to interfere with the use of adjacent properties.

(c) All facilities shall make best efforts to reduce fugitive dust emissions during load-out by

minimizing the distance from the load-out spout to the top of the receiving vessel.

252:100-24-7. Permit by rule

(a) Applicability. Any new or existing source may be constructed or operated under this section

if it meets the requirements of 252:100-7-60(a), (b), and (c) and has the Standard Industrial

Classification (SIC) code 5153, Grain and Field Beans.

(b) Requirements.

(1) In addition to the requirements in 252:100-7-60(a), (b), and (c), an owner or operator of a

facility subject to this section shall comply with all of the requirements of this Subchapter, with

the exception of 252:100-24-5(a) and (b).

(2) The total annual emissions of PM-10 shall be calculated using the equation provided in

125
Appendix L, which was derived from AP-42 9.9.1, Grain Elevators and Processes.

(3) For grain storage elevators located at any wheat flour mill, wet corn mill, dry corn mill, rice

mill or soybean oil extraction plant, with a permanent grain storage capacity of 35,200 m , or 3

grain terminal elevators with a permanent storage capacity of more than 88,100 m , which have 3

commenced construction, modification, orreconstruction after August 3, 1978, the requirements

of 40 CFR, Part 60, Subpart DD are also applicable.

SUBCHAPTER 25. VISIBLE EMISSIONS AND PARTICULATES

Section

252:100-25-1. Purpose

252:100-25-2. General prohibition

252:100-25-2.1. Definitions

252:100-25-3. Opacity limit

252:100-25-4. Alternative for particulates

252:100-25-5. Continuous emission monitoring for opacity

252:100-25-1. Purpose

The purpose of this Subchapter is to control visible emissions and particulate matter from the

operation of any air contaminant source.

252:100-25-2. General prohibition

No owner or operator of any air contaminant source shall allow emissions from said source so

as to cause or contribute to air pollution.

252:100-25-2.1. Definitions

The following words and terms when used in this Subchapter shall have the following meaning

unless the context clearly indicates otherwise:

"One-hour period" means, for units with an operable Continuous OpacityMonitor(COM), any

60-minute period commencing on the hour.

"Opacity" means the degree to which emissions reduce the transmission of light and obscure

the view of an object in the background.

"Six-minute period" means, for units with an operable COM, any one of the ten equal parts of

a one-hour period.

"Unit" means any piece of equipment that has the potential to emit air contaminants in the form

of visible emissions.

252:100-25-3. Opacity limit

(a) Units subject to an opacity limit promulgated under section 111 of the Federal Clean Air Act are

exempt from this section.

(b) No person shall allow the discharge of any fumes, aerosol, mist, gas, smoke, vapor, particulate

matter, or any combination thereof exhibiting greater than 20% opacity except for:

(1) Short term occurrences, which consist of not more than one six-minute period in any

consecutive 60 minutes, not to exceed three such periods in any consecutive 24 hours. For units

with COMs operated and maintained in accordance with Performance Specification 1 (40 CFR

Part 60, Appendix B), short term occurrences which consist of not more than one six-minute

period in any one-hour period, not to exceed three such periods in any consecutive 24 hours. In

neither case shall the average of any six-minute period exceed 60% opacity.

(2) Smoke resulting from fires covered by the exceptions outlined in OAC 252:100-13-7.

(3) An emission, where the presence of uncombined water is the only reason for failure to meet

the requirements of OAC 252:100-25-3(b).

(4) Smoke generated due to a malfunction in a facility, when the source of the fuel producing

the smoke is not under the direct and immediate control of the facility and the immediate

constriction of the fuel flow at the facility would produce a hazard to life and/or property.

(c) To determine compliance with this Section, opacity shall be read by either:

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(1) A Certified Visible Emission Evaluator using Test Method 9 (40 CFR Part 60, Appendix A).

(2) A COM installed, calibrated, operated and maintained in accordance with Performance

Specification 1 (40 CFR Part 60, Appendix B).

252:100-25-4. Alternative for particulates

(a) The 20% opacity limit required under 252:100-25-3 may be increased for particulates only,

provided that the owner or operator demonstrates to the satisfaction of the Air Quality Council at

public hearing that:

(1) The owner or operator has installed air pollution control equipment to attempt to control both

visible and particulate matter emissions to the limit required by applicable Subchapters.

(2) The pollution control equipment installed:

(A) Has been properly maintained.

(B) Is in good working order.

(C) Is operated to minimize emissions.

(3) The installed control equipment does not control opacity to the limit required in 252:100-25-

3.

(4) The owner or operator has conducted stack test(s) using appropriate test methods as approved

by the Division to determine mass emissions at maximum allowed capacity and has determined

such emissions meet all applicable particulate matter requirements (i.e., permit limit, rule limit,

process limit).

(5) The owner or operator has conducted detailed modeling and other measures (e.g.,

monitoring) deemed necessary by the Executive Director to demonstrate that the maximum

impact of any increase of opacity will not exceed 5 ug/m PM-10 24-hour average at any point 3

of impact or 1 ug/m PM-10 annual average at any point of impact. 3

(b) Upon completion of the demonstration specified in (a) of this Section, the opacity allowed will

be based on the opacity read by a Certified Visible Emission Evaluator at the time of the maximum

operation stack test.

(c) Applications for an alternative under 252:100-25-4 will be submitted to the Director of the

Division for review and recommendation to the Air Quality Council for final action.

252:100-25-5. Continuous emission monitoring for opacity

(a) Continuous monitoring of opacity is required for fluid bed catalytic cracking unit catalyst

regenerators at petroleum refineries and fossil fuel-fired steam generators in accordance with 40 CFR

Part 51, Appendix P, which is hereby incorporated by reference as it existed on July 1, 1998.

(b) Owners or operators of these emission sources shall:

(1) Install, calibrate, operate, and maintain all monitoring equipment necessary for continuously

monitoring opacity.

(2) Complete the installation and performance tests of such equipment and begin monitoring and

recording by January 1, 2001.

(c) This section shall not apply to:

(1) Sources already subject to a new source performance standard promulgated in 40 CFR Part

60 pursuant to section 111 of the Clean Air Act.

(2) Sources scheduled for retirement within 5 years after the effective date of this rule, provided

adequate evidence and guarantees are available to show the source will cease operations prior

to such date.

(d) Alternative monitoring requirements different from the provisions of Parts 1 through 5 of

Appendix P maybe approved bythe DEQ and EPA on a case-by-case basis if continuous monitoring

cannot be implemented by a source due to physical plant limitations or extreme economic reasons. 

For example, the following alternative monitoring requirements may be used for natural gas-fired

facilities that burn oil on an emergency basis only (including periodic system testing not to exceed

40 hours per calendar year):

(1) A Certified Visible Emission Evaluator shall read visual emissions once per day when fuel

oils are burned.

(2) Visual emissions readings shall be conducted in accordance with EPA Test Method 9 (40

CFR Part 60, Appendix A).

(3) Records of fuel oil burned (including type, amount, and duration burned) and visible

127
emissions read shall be maintained for 2 years.

SUBCHAPTER 27. PARTICULATE MATTER EMISSIONS FROM INDUSTRIAL AND

OTHER PROCESSES AND OPERATIONS [REVOKED]

Section

252:100-27-1. Purpose [REVOKED]

252:100-27-2. Process emission limitations [AMENDED AND RENUMBERED TO 252:100-

19-12]

252:100-27-3. Exception to emission limits [REVOKED]

252:100-27-4. Sampling and testing [REVOKED]

252:100-27-5. Allowable rate of emission [AMENDEDAND RENUMBERED TO 252:100-19-

12]

252:100-27-1. Purpose [REVOKED]

252:100-27-2. Process emission limitations [AMENDED AND RENUMBERED TO 252:100-

19-12]

252:100-27-3. Exception to emission limits [REVOKED]

252:100-27-4. Sampling and testing [REVOKED]

252:100-27-5. Allowable rate of emission [AMENDED AND RENUMBERED TO 252:100-19-

12]

SUBCHAPTER 29. CONTROL OF FUGITIVE DUST

Section

252:100-29-1. Purpose

252:100-29-2. Prohibitions

252:100-29-3. Precautions required in maintenance or nonattainment areas

252:100-29-4. Exception for agricultural purposes

252:100-29-5. Variance [REVOKED]

252:100-29-1. Purpose

The purpose of this Subchapter is to control the release of fugitive dust into the air by any

operation or action.

252:100-29-2. Prohibitions

(a) Prohibitions. No person shall cause or allow any fugitive dust source to be operated, or any

substances to be handled, transported or stored, or any structure constructed, altered, or demolished

to the extent that such operation or activity may enable fugitive dust to become airborne and result

in air pollution, without taking reasonable precautions to minimize or prevent pollution.

(b) Reasonable precautions. Reasonable precautions include, but are not limited to, those actions

set forth below at OAC 252:100-29-3(1) through (6).

(c) Emission boundaries.

(1) No person shall cause or allow the discharge of any visible fugitive dust emissions beyond

the property line of the property on which the emissions originate in such a manner as to damage

or to interfere with the use of adjacent properties. If the DEQ determines that this rule has been

violated, the owner or operator of the fugitive dust emissions source or sources shall implement

controls, subject to economic and technological feasibility, to prevent future violations.

(2) No persons shall cause or allow the discharge of any visible fugitive dust emissions beyond

the property line of the property on which the emissions originate in such a manner as to cause

air quality standards to be exceeded or interfere with the maintenance of air quality standards.

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252:100-29-3. Precautions required in maintenance or nonattainment areas

As of the adoption of this Subchapter, in areas designated as Air Quality Maintenance Areas or

Nonattainment Areas for particulate matter, theDirectorshallrequire specific reasonable precautions

that may include, but shall not be limited to, the following:

(1) The use, where possible, of water or chemicals for control of dust in the demolition of

existing buildings or structures, construction operations, the grading of roads, driveways and

parking lots or the clearing of land for commercial, industrial, or residential development.

(2) The application of water or suitable chemicals or some other covering on materials stockpiles

and other surfaces that can create air-borne dusts under normal conditions.

(3) The installation and use of hoods, fans and dust collectors to enclose and vent the handling

of dusty materials or the use of water sprays or other acceptable measures to suppress dust

emission during handling. Adequate containment methods shall be employed during

sandblasting or other similar operations.

(4) The covering or wetting of open-bodied trucks, trailers, or railroad cars when transporting

dusty materials in areas where the general public must have access .

(5) The removal as necessary from paved street and parking surfaces of materials that have a

tendency to become airborne.

(6) The planting and maintenance of vegetative ground cover as necessary.

252:100-29-4. Exception for agricultural purposes

Section 252:100-29-3 shall not apply to the clearing or preparation of land used solely for

agricultural purposes. For the purpose of this Subchapter "agricultural purposes" shall be limited

to the raising of livestock or crops for food or fiber.

252:100-29-5. Variance [REVOKED]

SUBCHAPTER 31. CONTROL OF EMISSION OF SULFUR COMPOUNDS

PART 1. GENERAL PROVISIONS

Section

252:100-31-1. Purpose

252:100-31-2. Definitions

252:100-31-3. Performance testing [REVOKED]

PART 2. AMBIENT AIR CONCENTRATION LIMITS OR IMPACTS FOR NEW AND

EXISTING EQUIPMENT, SOURCES, OR FACILITIES

252:100-31-7. Ambient air concentration limits or impacts

PART 3. EXISTING EQUIPMENT STANDARDS

252:100-31-12. Sulfur oxides [REVOKED]

252:100-31-13. Sulfuric acid plants

252:100-31-14. Hydrogen sulfide [REVOKED]

252:100-31-15. Kraft pulp mills

252:100-31-16. Fossil fuel-fired steam generators

PART 5. NEW EQUIPMENT STANDARDS

252:100-31-25. Fuel-burning equipment

252:100-31-26. Petroleum and natural gas processes

252:100-31-27. Pulp mills

PART 1. GENERAL PROVISIONS

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252:100-31-1. Purpose

The purpose of this Subchapter is to control emissions of sulfur compounds from stationary

sources in order to prevent the Oklahoma Air Quality Standard from being exceeded and insure that

degradation of the present level of air quality in Oklahoma does not occur.

252:100-31-2. Definitions

The following words or terms, when used in this Subchapter, shall have the following meaning,

unless the context clearly indicates otherwise:

"Black liquor solids" means the dry weight of the solids, which enter the recovery furnace in

the black liquor.

"Digester system" means each continuous digester or each batch digester used for the cooking

of wood in white liquor, and associated flash tank(s), below tank(s), chip steamer(s), and

condenser(s).

"Existing facility," "existing source," or "existing equipment" means any facility, source,

or equipment that emits sulfur compounds and which is in being prior to July 1, 1972, except that

for facilities, sources, or equipment subject to:

(A) OAC 252:100-31-7(b) and/or OAC 252:100-31-26(a)(1), the date is prior to

December 31, 1974, and

(B) OAC 252:100-31-13, the date is on or before August 17 1971.

"Lime kiln" means a unit used to calcine lime mud, which consists primarily of calcium

carbonate, into quicklime, which is calcium oxide.

"Multiple-effect evaporator system" means the multiple-effect evaporators and associated

condenser(s) and hotwell(s) used to concentrate the spent cooking liquid that is separated from the

pulp (black liquor).

"New facility," "new installation," "new source," or "new equipment" means any facility,

installation, source, or equipment that emits sulfur compounds and which is not in being on, or

which is modified after, July 1, 1972, except that for :

(A) facilities, installations,sources, or equipment subject to OAC 252:100-31-7(b) and/or

OAC 252:100-31-26(a)(1) the date is December 31, 1974;

(B) petroleum refining facilities, sources, or equipment subject to OAC 252:100-31-26

(a)(2), the date is December 31, 1974; and

(C) facilities, sources or equipment subject to OAC 252:100-31-13, the date is August

17, 1971.

"Petroleum and natural gas process" means processes used in the processing of crude

petroleum and/or natural gas into refined products including, but not limited to, distillation columns,

treating columns, catalytic cracking units, catalytic reforming units, sulfur removal equipment,

petroleum coke units, flares, heat exchangers, reboilers, jet ejectors, compressors, recompressors and

other auxiliary equipment pertinent to the process.

"Pulp mill" means the process equipment used in production of pulp from wood chips or bolts

which may include but are not limited to, debarker, chipper, digester, blow tank, washers,

condensers, evaporators, recoveryfurnace, lime kiln,smelt-dissolving tank, mixers, heat exchangers,

gas scrubbers, and other auxiliaries pertinent to the process.

"Recovery furnace" means either a straight kraft recovery furnace or a cross recovery furnace,

and includes the direct-contact evaporator for a direct contact furnace.

"Smelt dissolving tank" means a vessel used for dissolving the smelt collected from the

recovery furnace.

"Sulfur recovery plant" means a process device that recovers elemental sulfur from acid gas.

"Sweetening plan 2 2t" means a process device that separates the H S and CO contents from the

gas stream.

"Three-hour average" or "3-hour average" means the arithmetic average of sampling results

or continuous emission monitoring data from three contiguous one-hour periods.

"Total reduced sulfur" or "TRS" is the sum of the compounds hydrogen sulfide, methyl

mercaptan, dimethyl sulfide, and dimethyl disulfide.

252:100-31-3. Performance testing [REVOKED]

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PART 2. AMBIENT AIR CONCENTRATION LIMITS OR IMPACTS FOR NEW AND

EXISTING EQUIPMENT, SOURCES, OR FACILITIES

252:100-31-7. Ambient air concentration limits or impacts

(a) Sulfur oxides. Emissions of sulfur dioxide from any existing facility or any new petroleum and

natural gas process facility with equipment subject to OAC 252:100-31-26(a)(1) shall not impact

existing ambient air concentrations of sulfur dioxide by more than:

(1) 1300 ìg/m (0.50 ppm) in a five (5) minute period of any hour; 3

(2) 1200 ìg/m (0.46 ppm), one-hour average; 3

(3) 650 ìg/m (0.25 ppm), 3-hour average; 3

(4) 130 ìg/m (0.05 ppm), 24-hour average; or, 3

(5) 80 ìg/m (0.03 ppm), annual arithmetic mean. 3

(b) Hydrogen sulfide. Emissions of hydrogen sulfide from any new or existing source shall not

result in a 24-hour average ambient air concentration of hydrogen sulfide at any given point of 0.2

ppm or greater.

(c) Exceptions. The standards set in subsections (a) and (b) of this Section shall not apply to

ambient air concentrations or impacts occurring on the property from which such emission occurs,

providing such property, from the emission point to the point of anysuch concentration, is controlled

by the person responsible for such emission.

(d) Compliance assurance. Upon approval of the Director, facility operators may use appropriate

material balances, performance test data, and/or emission factors to determine stack emissions

combined, when necessary, with the appropriate EPA approved atmospheric dispersion models to

determine ambient air concentration or impact in lieu of ambient air monitoring as proof of

compliance with limits set in OAC 252:100-31-7(a) and (b).

PART 3. EXISTING EQUIPMENT STANDARDS

252:100-31-12. Sulfur oxides [REVOKED]

252:100-31-13. Sulfuric acid plants

(a) Sulfuric acid mist standard. AfterJanuary 10, 1979, emissions of sulfuric acid mist from any

existing sulfuric acid plant shall not exceed 0.5 lb/T of acid produced (250 g/MT). The acid

production shall be expressed as 100% sulfur 2 4ic acid (H SO ).

(b) Continuous emission monitoring. Continuous monitoring of sulfur dioxide is required for

existing sulfuric acid plants where the production capacity is greater than 300 TPD expressed as

100% acid, except where the conversion of sulfuric acid is utilized to prevent emissions of sulfur

dioxide or other sulfur compounds.

(c) Installation, calibration, and maintenance of emission monitoring systems. Required

monitoring systems shall be installed, calibrated, maintained, and operated in accordance with 40

CFR 60, Appendix B and 40 CFR 51, Appendix P. Appendix P is hereby incorporated by reference.

252:100-31-14. Hydrogen sulfide [REVOKED]

252:100-31-15. Kraft pulp mills

After May 8, 1989, all existing kraft pulp mills shall meet the following standards.

(1) TRS. Emissions of TRS shall not exceed:

(A) 40 ppm TRS measured a hydrogen sulfide on a dry basis and on a 12-hour average,

converted to 8% by volume oxygen from any recovery furnace;

(B) 40 ppm TRS measured as hydrogen sulfide on a dry basis and on a 12-hour average,

corrected to 10% by volume oxygen from any lime kiln; and,

(C) 0.033 lb TRS/T black liquor solids as hydrogen sulfide (0.016 g TRS/kg of black

liquor solids as hydrogen sulfide) for a 12-hour average from any smelt dissolving tank.

(2) Non-condensable gases. Non-condensable gases from all evaporators and digester systems

shall be efficiently incinerated or otherwise treated to limit emissions of TRS measured as

hydrogen sulfide to less than 5 ppm by volume on a dry basis.

131
252:100-31-16. Fossil fuel-fired steam generators

(a) Continuous emission monitoring. Continuous monitoring of sulfur dioxide emissions is

required for existing fossil fuel-fired steam generators where the source utilizes an air pollution

abatement operation to reduce the sulfur dioxide emissions. Continuous monitoring of oxygen or

carbon dioxide is required where it is necessary to convert sulfur dioxide monitoring results.

(b) Installation, calibration, and maintenance of emission monitoring systems. Required

monitoring systems shall be installed, calibrated, maintained, and operated in accordance with 40

CFR 60, Appendix B and 40 CFR 51, Appendix P.

PART 5. NEW EQUIPMENT STANDARDS

252:100-31-25. Fuel-burning equipment

(a) Emission limits.

(1) Gas-fired fuel-burning equipment. Sulfur oxide emissions (measured as sulfur dioxide)

from any new gas-fired fuel-burning equipment shall not exceed 0.2 lb/MMBtu heat input (86

ng/J).

(2) Liquid-fired fuel-burning equipment. Sulfur oxide emissions(measured as sulfur dioxide)

from any new liquid-fired fuel-burning equipment shall not exceed 0.8 lb/MMBtu heat input

(340 ng/J).

(3) Solid fuel-burning equipment. Sulfur oxide emissions (measured as sulfur dioxide) from

any new solid fuel-burning equipment shall not exceed 1.2 lb/MMBtu heat input (520 ng/J).

(4) Combination of fuels burned. When different types of fuels are burned simultaneously in

any combination, the applicable standard (in lb/MMBtu) shall be determined byproration unless

a secondary fuel is used in de minimis quantities (less than 5% of total Btu input annually).

Compliance shall be determined using the following formula where X is the percent of total heat

input derived from gas fuel, Y is the percent of total heat input derived from liquid fuel, and Z

is the percent of total heat input derived from solid fuel.

SO2 limit = [X(0.2) + Y(0.8) + Z(1.2)]/(X + Y + Z)

(b) Averaging time. The averaging time for the emission limits set in OAC 252:100-31-25(a) is 3

hours unless a solid fuel sampling and analysis method is used to determine emission compliance. 

In that case the averaging time is 24 hours.

(c) Emission monitoring, fuel monitoring, and recordkeeping for sources with heat input of

250 MMBtu/hr or more. The requirements contained in this subsection apply to any new fuelburning equipment with a rated heat input of 250 MMBtu or greater.

(1) Emission monitoring. The instruments in OAC 252:100-31-25(c)(1)(A) and (B)(i) shall be

installed, calibrated, maintained, and operated in any new fuel-burning equipment with a rated

heat input of 250 MMBtu/hr or greater. These instruments shall be calibrated following

performance specifications 2 and 3 of 40 CFR Part 60, Appendix B.

(A) Opacity. A photoelectric or other type smoke detector and recordershall be used to

monitor opacity, except where gaseous fuel is the only fuel burned.

(B) Sulfur dioxide.

(i) An instrument for continuously monitoring and recording sulfur dioxide emissions

shall be used, except where gaseous fuel containing less than 0.1% by weight sulfur is

the only fuel burned; or

(ii) A solid fuel sampling and analysis method may be used to determine emission

compliance.

(2) Fuel monitoring. The sulfur content of solid fuels as burned shall be determined in

accordance with previous methods as approved by the Director or in accordance with Method

19 of 40 CFR Part 60, Appendix A.

(3) Recordkeeping. The owner or operator of any fuel-burning equipment with a rated heat

input of 250 MMBtu/hr or greater shall maintain a file of all measurements required in

paragraphs (1) and (2) of this subsection, including compliance status records and excess

emissions measurements. These records and measurements shall be retained for at least two (2)

years following the date of such measurements, and made available for inspection by the

Division or its representatives during normal business hours.

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252:100-31-26. Petroleum and natural gas processes

(a) Standards.

(1) Hydrogen sulfide standards. Hydrogen sulfide from any new petroleum or natural gas

process equipment shall be removed from the exhaust gas stream or it shall be oxidized to sulfur

dioxide. Hydrogen sulfide emissions shall be reduced by 95% of the hydrogen sulfide in the

exhaust gas.

(2) Sulfur dioxide standards.

(A) Natural gas processing. Sulfur oxide emissions, calculated as sulfur dioxide, from

any new gas sweetening plant shall be reduced by use of a sulfur recovery plant prior to

release of the exhaust gas to the atmosphere. The sulfur recovery plant shall have the sulfur

reduction efficiencies required in subparagraphs (C) through (F) of OAC 252:100-31-

26(a)(2).

(B) Petroleum refinery processing. Sulfur recovery plants operating in conjunction

with any refinery process shall have the sulfur reduction efficiencies required in paragraphs

(C) through (F) of OAC 252:100-31-26(a)(2).

(C) Greater than 0.54 LT/D but less than or equal to 5.0 LT/D. When the sulfur

content of the acid gas stream from a new gas sweetening unit or refinery process is greater

than 0.54 LT/D but less than or equal to 5.0 LT/D, the sulfur dioxide emission reduction

efficiency of the sulfur recovery plant shall be at least 75.0%.

(D) Greater than 5.0 LT/D but less than or equal to 150.0 LT/D. When the sulfur

content of the acid gas stream from a new gas sweetening unit or refinery process is greater

than 5.0 LT/D but less than or equal to 150.0 LT/D, the required sulfur dioxide emission

reduction efficiency of the sulfur recovery plant shall be calculated using the following

formula where Z is the minimum emission reduction efficiency required at all times and X

is the sulfur feed rate expressed in LT/D of sulfur rounded to one decimal place: Z = 92.34

(X )

0.00774

(E) Greater than 150.0 LT/D but less than or equal to 1500.0 LT/D. When the sulfur

content of the acid gas stream from a new gas sweetening unit or refinery process is greater

than 150.0 LT/D but less than or equal to 1500.0 LT/D, the required sulfur dioxide emission

reduction efficiency of the sulfur recovery plant shall be calculated using the following

formula where Z is the minimum emission reduction efficiency required at all times and X

is the sulfur feed rate expressed in LT/D of sulfur rounded to one decimal place: Z = 88.78

(X )

0.0156

(F) Greater than 1500.0 LT/D. When the sulfur content of the acid gas stream from a new

gas sweetening unit or refinery process is greater than 1500.0 LT/D, a minimum sulfur

dioxide reduction efficiency of 99.5% shall be met.

(b) Exceptions.

(1) Hydrogen sulfide. The requirements of OAC 252:100-31-26(a)(1) shall not apply if

hydrogen sulfide emissions do not exceed 0.3 lb/hr, two-hour average.

(2) Sulfur dioxide. The requirements of OAC 252:100-31-26(a)(2) shall not apply to any new

petroleum or natural gas process which would emit 100 lb/hr or less of sulfur oxides expressed

as sulfur dioxide, two-hour average. The requirements of paragraph (2) of subsection (a) of this

Section can be met alternatively by establishing that the sulfur content of the acid gas stream

from any gas sweetening plant or refinery process is 0.54 LT/D or less.

(c) Emission monitoring for hydrogen sulfide. All new thermal devices for petroleum and natural

gas processing facilities regulated under OAC 252:100-31-26(a)(1) shall have installed, calibrated,

maintained, and operated an alarm system that will signal noncombustion of the gas.

252:100-31-27. Pulp mills

(a) Emission limit. The emission of sulfur oxides, calculated as sulfur dioxide, from the blow pits,

washer vents, storage tanks, digester relief, and recovery furnace of any new pulp mill shall not

exceed 18 lb/T (air dried) of pulp produced, two-hour average.

(b) Emission monitoring. All new pulp mills shall install, calibrate, maintain and operate

instruments for continuouslymonitoring and recording emissions ofsulfur dioxide from the recovery

system gas-cleaning equipment and other locations as required by the Director. The instruments

133
installed and used pursuant to this Section shall have a confidence level of at least 95% and be

accurate within ±20% and shall be calibrated following performance specifications 2 and 3 of 40

CFR Part 60, Appendix B, and following the quality assurance procedures in 40 CFR Part 60,

Appendix F.

(c) Recordkeeping. The owner or operator of any new pulp mill subject to provisions of this

Section shall maintain files of all measurements required, including compliance status records and

excess emissions measurements. These records and measurements shall be retained for at least two

years following the date of such measurements and made available for inspection by the Division

during normal business hours.

SUBCHAPTER 33. CONTROL OF EMISSION OF NITROGEN OXIDES

Section

252:100-33-1. Purpose

252:100-33-1.1. Definitions

252:100-33-1.2. Applicability

252:100-33-2. Emission limits

252:100-33-3. Performance testing [REVOKED]

252:100-33-1. Purpose

The purpose of this Subchapter is to control the emission of nitrogen oxides from stationary

sources to prevent the Oklahoma air quality standards from being exceeded and insure that the

present level of air quality in Oklahoma is not degraded.

252:100-33-1.1. Definitions

The following terms, when used in this subchapter, shall have the following meaning, unless the

context clearly indicates otherwise:

"New fuel-burning equipment" means any fuel-burning equipment that was not in being on

February 14, 1972, or any existing fuel-burning equipment that was altered, replaced, or rebuilt after

February14, 1972, resulting in increased emissions of nitrogen oxides with the following exceptions.

(A) New fuel-burning equipment for gas turbines means anygas turbine that was not in being

on July 1, 1977, or any existing gas turbine that was altered, replaced, or rebuilt after July 1,

1977, resulting in increased emissions of nitrogen oxides; and

(B) New fuel-burning equipment for direct-fired processes means any direct-fired fuelburning equipment or processes that were not in being on July 1, 1977, or any existing directfired fuel-burning equipment or processes that were altered, replaced, or rebuilt after July 1,

1977, resulting in increased emissions of nitrogen oxides.

"Solid fossil fuel" means solid fossil fuel such as coal and any solid fuel derived from naturally

occurring coal or petroleum.

"Three-hour average"means the arithmetic average ofsamplingresults or continuous emission

monitoring data from three contiguous one-hour periods.

252:100-33-1.2. Applicability

(a) This subchapter applies to new fuel-burning equipment that meets both of the following criteria.

(1) The fuel-burning equipment has a rated heat input of 50 MMBTU/hr or greater.

(2) The equipment burns solid fossil fuel, gaseous fuel, or liquid fuel, or a combination thereof.

(b) Glass-melting furnaces that are subject toBACTrequirements contained in a currentlyapplicable

Air Quality Division permit are exempt Xfrom the requirements of OAC 252:100-33-2. The NO

emissions from this equipment shall not cause or contribute to an exceedance of any NAAQS or

PSD increment.

252:100-33-2. Emission limits

(a) Fuel-burning equipment subject to this subchapter shall meet the following emission limitations

except as provided in OAC 252:100-33-1.2(b) and 252:100-33-2(b). 

134
(1) Gas-fired fuel-burning equipment. Emissions of nitrogen oxides (calculated as nitrogen

dioxide) from any new gas-fired fuel-burning equipment shall not exceed 0.20 lb/MMBTU (86

ng/J) heat input, three-hour average.

(2) Liquid-fired fuel-burning equipment. Emissions of nitrogen oxides(calculated as nitrogen

dioxide) from any new liquid-fired fuel-burning equipment shall not exceed 0.30 lb/MMBTU

(129 ng/J) heat input, three-hour average.

(3) Solid fossil fuel-burning equipment. Emissions of nitrogen oxides (calculated as nitrogen

dioxide) from any new solid fossil fuel-burning equipment shall not exceed 0.70 lb/MMBTU

(300 ng/J) heat input, three-hour average.

(4) Combination of fuels burned. When different types of fuels are burned simultaneously in

any combination, xthe NO standard (calculated as nitrogen dioxide in lb/MMBTU heat input,

three-hour average) for the fuel-burning equipment shall be determined by proration unless a

secondary fuel is used in de minimis quantities (less than 5% of total BTU input annually).

Compliance shall be determined using the following formula where X is the percent of total heat

input derived from gaseous fuel, Y is the percent of total heat input derived from liquid fuel, and

Z 2is the percent of total heat input derived from solid fuel: NO limit = 0.2X + 0.3Y + 0.7Z /(X

+ Y + Z).

(b) If fuel-burning equipment, due to technological limitations, cannot meet the requirements of

OAC 252:100-33-2(a) during startup and/or shutdown, the fuel-burning equipment shall comply

with BACT for startup and/or shutdown as contained in a currently applicable Air Quality Division

permit. The NOX emissions during startup and/or shutdown of this equipment shall not cause or

contribute to an exceedance of any NAAQS or PSD increment. Approval of technological

limitations by the Director in an Air Quality Division permit does not mean automatic approval by

the EPA.

252:100-33-3. Performance testing [REVOKED]

SUBCHAPTER 35. CONTROL OF EMISSION OF CARBON MONOXIDE

Section

252:100-35-1. Purpose

252:100-35-1.1. Definitions

252:100-35-2. Emission limits

252:100-35-3. Performance testing [REVOKED]

252:100-35-1. Purpose

The purpose of this Subchapter is to control emissions of carbon monoxide from stationary

sources to prevent the Oklahoma Air Quality Standard from being exceeded and ensure that the

present level of air quality in Oklahoma is not degraded.

252:100-35-1.1. Definitions

The followingwords and terms, when used in this Subchapter, shall have the followingmeaning,

unless the context clearly indicates otherwise:

"Basic oxygen furnace" means a furnace in which the melting and refining of iron are

accomplished by the addition at high velocities of large amounts of high purity oxygen to the

atmosphere above the surface of the metal bath. The metal is held in a tiltable vessel with a basic

refractory lining. Such a furnace includes the furnace proper, oxygen lance, scrap and flux charging

units, iron transfer units, gas collecting and cleaning equipment, stacks and any other auxiliaries

pertinent to the process.

"Blast furnace" means furnace and equipment used in connection with the smelting process of

reducing metallic ores to molten metal in which primarily oxygen is removed from the ore and gas

is produced as a by-product. The furnace and equipment consists of, but is not limited to, the furnace

proper, charging equipment, stoves, bleeders, gas dust-cleaning devices, after-burner, and other

auxiliaries pertinent to the process.

"Existing source" means any gray iron cupola, blast furnace, basic oxygen furnace, petroleum

135
catalytic cracking unit or petroleum catalytic reforming unit, in being on July 1, 1972, and not

modified thereafter so as to increase the emission of carbon monoxide.

"Gray iron cupola" means shaft-type furnace used for the melting of metals usually consisting

of, but not limited to, the furnace proper, tuyeres, fans or blowers, tapping spout, charging

equipment, gas-cleaning devices and other auxiliaries. Shaft furnaces used for processing

non-metallic materials are not included under this definition but are included in the definition of

process equipment.

"New source" means any gray iron cupola, blast furnace, basic oxygen furnace, petroleum

catalytic cracking unit or petroleum catalytic reforming unit, in being after July 1, 1972.

252:100-35-2. Emission limits

(a) Existing sources. The emission of carbon monoxide from any existing source located in or

significantly impacting (i.e., 500 ug/m on an 8-hour average) on a nonattainment area for carbon 3

monoxide shall be reduced by use of complete secondary combustion of the waste gas generated. 

Removal of 93 percent or more of the carbon monoxide generated shall be considered equivalent to

complete secondary combustion. Existing equipment subject to this Subchapter must meet the

emission limitations as expeditiously as practicable, but no later than 3 years after nonattainment

designation by the Administrator.

(b) New sources. The emission of carbon monoxide from any new source shall be reduced by use

of complete secondary combustion of the waste gas generated. Removal of 93 percent or more of

the carbon monoxide generated shall be considered equivalent to secondary combustion.

252:100-35-3. Performance testing [REVOKED]

SUBCHAPTER 37. CONTROL OF EMISSION OF VOLATILE ORGANIC

COMPOUNDS (VOCs)

PART 1. GENERAL PROVISIONS

Section

252:100-37-1. Purpose

252:100-37-2. Definitions

252:100-37-3. Applicability and compliance

252:100-37-4. Exemptions

252:100-37-5. Operation and maintenance

PART 3. CONTROL OF VOCs IN STORAGE AND LOADING OPERATIONS

252:100-37-15. Storage of VOCs

252:100-37-16. Loading of VOCs

252:100-37-17. Effluent waterseparators [AMENDED AND RENUMBERED TO 252:100-37-

37]

252:100-37-18. Pumps and compressors [AMENDED AND RENUMBERED TO 252:100-37-

38]

PART 5. CONTROL OF VOCs IN COATING OPERATIONS

252:100-37-25. Coating of parts and products

252:100-37-26. Clean up with VOCs

PART 7. CONTROL OF SPECIFIC PROCESSES

252:100-37-35. Waste gas disposal

252:100-37-36. Fuel-burning and refuse-burning equipment

252:100-37-37. Effluent water separators

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252:100-37-38. Pumps and compressors [REVOKED]

PART 9. PERMIT BY RULE FOR VOC STORAGE AND LOADING FACILITIES

252:100-37-41. Applicability

252:100-37-42. Permit-by-rule requirements

PART 1. GENERAL PROVISIONS

252:100-37-1. Purpose

The purpose of this Subchapter is to reduce the formation of ozone by controlling the emissions

of volatile organic compounds (VOCs) from stationary sources.

252:100-37-2. Definitions

The following words and terms, when used in this Subchapter, shall have the followingmeaning,

unless the context clearly indicates otherwise.

"Acrylic" means a chemical coating containing polymers or co-polymers of acrylic or substitute

acrylic acid in combination with resinous modifiers. The primary mode of cure is solvent

evaporation.

"Alkyd primer" means a chemical coating composed primarily of alkyd applied to a surface

to provide a firm bond between the substrate and any additional coating.

"Condensate" means hydrocarbon liquid separated from natural gas which condenses due to

changes in the temperature and/or pressure and remains liquid at normal operating conditions.

"Custom product finish" means a proprietary chemical coating designed for a specific

customer and use.

"Drilling or production facility" means all drilling and servicing equipment, wells, flow lines,

separators, equipment, gathering lines, and auxiliary non-transportation-related equipment used in

the production of petroleum but does not include natural gasoline plants.

"Effluent water separator" means any container in which any VOC floating on, entrained in,

or contained in water entering the containeris physicallyseparated and removed from the water prior

to discharge of the water from the container.

"Epoxy"means a chemical coating containing epoxy groups and suitable chemical cross-linking

agents. The primary mode of cure involves a chemical reaction between the epoxy and the

cross-linking agent.

"External floating roof" means a storage vessel cover in an open top tank consisting of a

double deck or pontoon single deck which rests upon and is supported by the petroleum liquid being

contained and is equipped with a closure seal or seals to close the space between the roof edge and

tank wall.

"Lease custody transfer" means the transfer of produced crude oil and/or condensate, after

processing and/or treating in the producing operations, from storage vessels or automatic transfer

facilities to pipelines or any other form of transportation.

"Maintenance finish" means a chemical coating that protects a given substrate from adverse

chemical or physical conditions.

"Nitrocellulose lacquer (NC lacquer)"means a chemical coating containing nitrocellulose and

suitable resinous modifiers . The primary mode of cure is solvent evaporation.

"Submerged fill pipe" means any fill pipe or discharge nozzle that meets any one of the

following conditions.

(A) The bottom of the discharge pipe or nozzle is below the surface of the liquid in the

receiving vessel for at least 95 percent of the volume filled.

(B) The bottom of the discharge pipe or nozzle is less than 6 inches from the bottom of

the receiving vessel.

(C) The bottom of the discharge pipe or nozzle is less than 2 pipe or nozzle diameters

from the bottom of the receiving vessel.

"Vinyl" means a chemical coating containing plasticized or unplasticized polymers and

co-polymers of vinyl acetate, vinyl chloride, polyvinyl alcohols or their condensation products. The

137
primary mode of cure is solvent evaporation.

252:100-37-3. Applicability and compliance

(a) New sources. This Subchaptershall applyto all new installations of any equipment or processes

described in this Subchapter after the effective date of December 28, 1974.

(b) Existing sources. Sections 15, 16, 35, 36, 37, and 38 of this Subchapter shall apply to all

existing installations of any equipment or processes in use and described in this Subchapter that are

located in Tulsa County or Oklahoma County after the effective date of June 9, 1981. The retrofit

requirements for crude petroleum storage vessels apply only to vessels of greater than 420,000 gal

(1,590 m ) capacity.

3

(c) Permit-by-rule facilities. This Subchapter does not applyto facilities registered under the VOC

storage and loading facility permit-by-rule except as provided in Part 9.

252:100-37-4. Exemptions

(a) VOCs with vapor pressures less than 1.5 pounds per square inch absolute (psia) under actual

storage conditions are exempt from 252:100-37-15, 252:100-37-16 and 252:100-37-35 through

252:100-37-38.

(b) Petroleum or condensate stored, processed, treated, loaded, and/or transferred at a drilling or

production facility prior to lease custody transfer is exempt from this Subchapter. Methanol stored

at a drilling or production facility for use on site is also exempt from this Subchapter.

(c) The storage, loading, processing, manufacturing or burning of VOCs on a farm or ranch, when

such VOCs are used for agricultural purposes on said farm or ranch, is exempted from all provisions

of 252:100-37-15, 252:100-37-16, 252:100-37-35 through 252:100-37-38, 252:100-39-41, and

252:100-39-42.

252:100-37-5. Operation and maintenance

Anyvapor-loss control devices, packing glands and mechanical seals required bythisSubchapter

shall be properly installed, maintained, and operated.

PART 3. CONTROL OF VOCs IN STORAGE AND LOADING OPERATIONS

252:100-37-15. Storage of VOCs

(a) Storage capacities greater than 40,000 gallons. Each VOC storage vessel with a capacity of

more than 40,000 gal (151 m ) shall be a pressure vessel capable of maintaining working pressures

3

that prevent the loss of VOC to the atmosphere or shall be equipped with one of the following

vapor-loss control devices.

(1) An external floating roof that consists of a pontoon typeor double-deck type cover, or a fixed

roof with an internal-floating cover. The cover shall rest on the surface of the liquid contents at

all times (i.e., off the leg supports), except during initial fill, when the storage vessel is

completely emptied, or during refilling. When the cover is resting on the leg supports, the

process of filling, emptying, or refilling shall be continuous and shall be accomplished as rapidly

as possible. The floating roof shall be equipped with a closure seal, or seals, to close the space

between the cover edge and vessel wall. Floating roofs are not appropriate control devices if the

VOCs have a vapor pressure of 11.1 psia (76.6 kPa) or greater under actual conditions. All

gauging and sampling devices shall be gas-tight except when gauging or sampling is taking

place.

(2) A vapor-recovery system that consists of a vapor-gathering system capable of collecting 85

percent or more of the uncontrolled VOCs that would otherwise be emitted to the atmosphere

and a vapor-disposal system capable of processing these VOCs to prevent their emission to the

atmosphere. All vessel gauging and sampling devices shall be gas-tight except when gauging

or sampling is taking place.

(3) Other equipment or methods that are of equal efficiency for purposes of air pollution control

may be used when approved by the Division Director prior to installation.

(b) Storage capacities of 400 gallons and greater. Each VOC storage vessel with a capacity of 400

gal (1.5 m ) or more shall be equipped with a permanent submerged fill pipe or a vapor-recovery 3

138
system as required in 252:100-37-15(a)(2).

(c) Exemptions. VOC storage vessels that are subject to equipment standards (e.g., a fixed roof in

combination with an internal floating cover, an external floating roof, or a closed vent system and

control device)in 40 CFR 60 Subparts K, Ka, or Kb are exempt from the requirements of 252:100-

37-15(a) and (b).

252:100-37-16. Loading of VOCs

(a) Loading facilities with throughput greater than 40,000 gallons/day. Each VOC loading

facility with a throughput greater than 40,000 gal/d (151,416 l/d) from its aggregate loading pipes

shall be equipped with a vapor-collection and disposal system unless all tank trucks or trailers are

bottom loaded with hatches closed.

(1) Vapor-collection and disposal system.

(A) Vapor-collection portion of the system.

(i) When loading VOCs through the hatches of a tank truck or trailer, using a loading

arm equipped with a vapor collecting adaptor, a pneumatic, hydraulic, or mechanical

means shall be provided to ensure a vapor-tight seal between the adaptor and the hatch.

(ii) When loading is effected through means other than hatches, all loading and vapor

lines shall be equipped with fittings that make vapor-tight connections and which must

be closed when disconnected or which close automatically when disconnected.

(B) Vapor-disposal portion of the system. The vapor-disposal portion of the system

shall consist of:

(i) a vapor-liquid absorber system with a minimum recovery efficiency of 90 percent by

weight of all the VOC vapors and gases entering such disposal system; or,

(ii) a variable-vapor space tank, compressor, and fuel-gas system of sufficient capacity

to receive all VOC vapors and gases displaced from the tank trucks and trailers being

loaded.

(2) Prevention of VOC drainage. A means shall be provided in either loading system specified

in subsection (a) to prevent VOC drainage from the loading device when it is removed from any

tank truck or trailer, or to accomplish complete drainage before removal.

(b) Loading facilities with throughput equal to or less than 40,000 gallons per day.

(1) Each loading pipe at a VOC loading facility with an aggregate throughput of 40,000 gal/d

(151,416 l/d) or less shall be equipped with a system for submerged filling of tank trucks or

trailers which is installed and operated to maintain a 97 percent submergence factor.

(2) Paragraph 252:100-37-16(b)(1) applies to any facility that loads VOCs into any tank truck

or trailer with a capacity greater than 200 gal (757 l) which is designed for transporting VOCs.

(c) Exemptions. Loading facilities subject to the requirements of 40 CFR 60 Subpart XX or 40

CFR 63 Subpart R are exempt from the requirements of 252:100-37-16(a) and (b).

252:100-37-17. Effluentwater separators [AMENDED AND RENUMBERED TO 252:100-

37-37]

252:100-37-18. Pumps and compressors [AMENDED AND RENUMBERED TO 252:100-

37-38]

PART 5. CONTROL OF VOCs IN COATING OPERATIONS

252:100-37-25. Coating of parts and products

(a) Standards. No owner or operator of any coating line or coating operation with VOC emissions

shall use coatings that as applied contain VOCs in excess of the amounts listed below. (Limits are

expressed in pounds of VOC per gallon of coating, excluding the volume of any water and exempt

organic compounds.)

(1) Alkyd primer - 4.8

(2) Vinyls - 6.0

(3) NC lacquers - 6.4

(4) Acrylics - 6.0

139
(5) Epoxies - 4.8

(6) Maintenance finishes - 4.8

(7) Custom products finish - 6.5

(b) Plant-wide emission plan.

(1) Development of a plant-wide emission plan. An owner or operator may develop a plantwide emission plan instead of having each coating line complywith the VOC content limitations

in 252:100-37-25(a), if the following conditions are met.

(A) The owner or operator demonstrates by the methods in 252:100-5-2.1(d) that

sufficient reductions in emissions of VOCs may be obtained by controlling other sources

within the plant to the extent necessary to compensate for all excess emissions that result

from one or more coating lines not achieving the limitation. Such demonstration shall be

made in writing and shall include:

(i) a complete description of the coating line or lines that can not comply with the VOC

content limitation in 252:100-37-25(a);

(ii) quantification of emissions, in terms of pounds per day of VOCs, which are in excess

of the VOC content limitation for each coating line described under 252:100-37-

25(b)(1)(A)(i);

(iii) a complete description of how emissions will be decreased at specific sources to

compensate for excess emissions from each coating line described under 252:100-37-

25(b)(1)(A)(i) and the date on which such reductions will be achieved;

(iv) quantification of emissions, in terms of pounds per day of VOCs, for each source

described under 252:100-37-25(b)(1)(A)(iii), both before and after the improvement or

installation of any applicable control system, or operational changes to such a facility or

facilities to reduce emissions; and,

(v) a description of the procedures and methods used to determine the emissions of

VOCs.

(B) The plant-wide emission reduction plan does not include decreases in emissions

resulting from requirements of other applicable air pollution rules.

(2) Compliance with a plant-wide emission plan. The implementation of a plant-wide

emission reduction plan instead of compliance with the VOC content limitation prescribed in

252:100-37-25(a) must be approved in writing by the Division Director. Upon approval, any

emissions in excess of those established for each facility under the plan shall be a violation of

this Subchapter.

(c) Exemption. Owners or operators of sources that emit less than 100 pounds of VOC per 24-hour

day are exempt from the requirements of this Section.

(d) Alternate standard. The use of coatings with VOC contents in excess of those permitted by

252:100-37-25(a) or 252:100-37-25(b) is allowable if both of the following conditions are met:.

(1) VOC emissions are reduced to the quantity that would occur if the coating used complied

with the VOC content allowed in 252:100-37-25(a) by:

(A) incineration;

(B) absorption/adsorption; or,

(C) any other process of equivalent reliability and effectiveness.

(2) No air pollution, as defined by the Clean Air Act, results.

252:100-37-26. Clean up with VOCs

Emissions from the clean up with VOCs of any article, machine, or equipment used in applying

coatings controlled in 252:100-37-25(a) through 252:100-37-25(d) shall be counted in determining

compliance with those rules.

PART 7. CONTROL OF SPECIFIC PROCESSES

252:100-37-35. Waste gas disposal

(a) Ethylene manufacturing emissions. No owner or operator shall build or install any ethylene

manufacturing plant unless the waste-gas stream under normal operating conditions is properly

burned at 1,300EF for 0.3 seconds or greater in a direct-flame afterburner equipped with an

140
indicating pyrometer that is positioned in the working area for the operator's ready monitoring or an

equally effective catalytic vapor incinerator also with pyrometer. Proper burning of the waste-gas

stream is defined as reduction by 98 percent of the ethylene emissions originally present in the

waste-gas stream.

(b) Vapor blowdown. Except where inconsistent with the "Minimum Federal Safety Standards for

the Transportation of Natural and Other Gas by Pipeline" or any State of Oklahoma regulatory

agency, no owner or operator shall allow VOC gases to be emitted from a vapor recovery blowdown

system unless these gases are burned by smokeless flares or an equally effective control device as

approved by the Division Director.

252:100-37-36. Fuel-burning and refuse-burning equipment

All fuel-burning or refuse-burning equipment shall be operated to minimize emissions of VOC. 

Among other things, such operation shall assure, based on manufacturer's data and good engineering

practice, that the equipment is not overloaded; that it is properly cleaned, operated, and maintained;

and that temperature and available air are sufficient to provide essentially complete combustion.

252:100-37-37. Effluent water separators

A single-compartment or multiple-compartment VOC/water separator that receives effluent

water containing 200 gal/d (760 l/d) or more of any VOC from any equipment processing, refining,

treating, storing or handling VOCs shall comply with one of the following sets of conditions.

(1) The container totally encloses the liquid contents and all openings are sealed. All gauging

and sampling devices shall be gas-tight except when gauging or sampling is taking place. The

oil removal devices shall be gas-tight except when manual skimming, inspection and/or repair

is in progress.

(2) The container is equipped with an external floating roof that consists of a pontoon type or

double-deck type cover, or a fixed roof with an internal-floating cover. The covershall rest on

the surface of the contents and be equipped with a closure seal, or seals, to close the space

between the cover edge and container wall. All gauging and sampling devices shall be gas-tight

except when gauging or sampling is taking place. The oil removal devices shall be gas-tight

except when manual skimming, inspection and/or repair is in progress.

(3) The container is equipped with a vapor-recovery system that consists of a vapor-gathering

system capable of collecting the VOC vapors and gases discharged and a vapor-disposal system

capable of processing such vapors and gases to prevent their emission to the atmosphere. All

tank gauging and sampling devices shall be gas-tight except when gauging or sampling is taking

place. The VOC removal devices shall be gas-tight except when manual skimming, inspection

and/or repair is in progress.

(4) The containeris approved prior to use by the Division Director and is equipped with controls

that have efficiencies equal to the controls listed in 252:100-37-37(1) through (3).

252:100-37-38. Pumps and compressors [REVOKED]

PART 9. PERMIT BY RULE FOR VOC STORAGE AND LOADING FACILITIES

252:100-37-41. Applicability

Any new VOC storage and/or loading facilitymay be constructed and any existing VOC storage

and/or loading facility may be operated under this Part if the following conditions are met.

(1) The facility is located in an area designated as unknown or attainment for ozone.

(2) Each storage vessel located at the facility meets one of the following criteria.

(A) The storage capacity is 19,813 gal (75 m ) or less. 3

(B) The storage capacity is greater than 19,813 gal (75 m ) but less than 39,889 gal (151 3

m )and the liquid stored has a maximum true vapor pressure less than 2.18 psia (15.0 kPa). 3

(C) The storage capacity is greater than or equal to 39,889 gal (151 m ) and the liquid 3

stored has a maximum true vapor pressure less than 0.51 psia (3.5 kPa).

(3) The facility is designed to have a throughput of 19,998 gal/d (75,700 l/d) or less from the

aggregate loading pipes.

141
(4) The facility meets the requirements of 252:100-7-60(a), (b), and (c).

252:100-37-42. Permit-by-rule requirements

(a) An owner or operator shall submit annual emission inventory reports and meet the requirements

of 252:100-37-5, regarding operation and maintenance, and 252:100-37-38, regarding pumps and

compressors.

(b) No owner or operator shall build or install a new stationary VOC storage vessel with a capacity

of 400 gal (1.5 m ) or greater unless it is equipped with a permanent submerged fill pipe as defined

3

in 252:100-37-2.

(c) No owner or operator shall build or install a stationary VOC loading facility unless each loading

pipe is equipped with a system for submerged filling of tank trucks or trailers which is installed and

operated to maintain a 97 percent submergence factor.

(d) The owner or operator of a vessel with a storage capacity greater than 10,567 gal (40 m ) shall 3

maintain records on site of the dimensions of the storage vessel and an analysis showing the capacity.

SUBCHAPTER 39. EMISSION OF VOLATILE ORGANIC COMPOUNDS (VOCs) IN

NONATTAINMENT AREAS AND FORMER NONATTAINMENT AREAS

PART 1. GENERAL PROVISIONS

Section

252:100-39-1. Purpose

252:100-39-2. Definitions

252:100-39-3. General applicability

252:100-39-4. Exemptions

PART 3. PETROLEUM REFINERY OPERATIONS

252:100-39-15. Petroleum refinery equipment leaks

252:100-39-16. Petroleum refinery process unit turnaround

252:100-39-17. Petroleum refinery vacuum producing system

252:100-39-18. Petroleum refinery effluent water separators

PART 5. PETROLEUM PROCESSING AND STORAGE

252:100-39-30. Petroleum liquid storage in vessels with external floating roofs

PART 7. SPECIFIC OPERATIONS

252:100-39-40. Cutback asphalt (paving)

252:100-39-41. Storage, loading and transport/delivery of VOCs

252:100-39-41.1. Gasoline vapor leak detection method by combustible gas detector

252:100-39-42. Metal cleaning

252:100-39-43. Graphic arts systems

252:100-39-44. Manufacture of pneumatic rubber tires

252:100-39-45. Petroleum (solvent) dry cleaning

252:100-39-46. Coating of parts and products

252:100-39-47. Control of VOC emissions from aerospace industries coatings operations

252:100-39-48. Vapor recovery systems [REVOKED]

252:100-39-49. Manufacturing of fiberglass reinforced plastic products

PART 1. GENERAL PROVISIONS

252:100-39-1. Purpose

The purpose of this Subchapter is to reduce the formation of ozone by controlling the emissions

of volatile organic compounds (VOCs). This Subchapter contains requirements for the control of

142
emissions of VOCs from stationary sources located in areas that are nonattainment or were formerly

nonattainment for ozone.

252:100-39-2. Definitions

The following words and terms, when used in this Subchapter, shall have the followingmeaning,

unless the context clearly indicates otherwise.

"Petroleum refinery" means any facility engaged in producing gasoline, aromatics, kerosene,

distillate fuel oils, residual fuel oils, lubricants, asphalt, or other products through distillation of

crude oil or other hydrocarbons or through redistillation, cracking, rearrangement or reforming or

unfinished petroleum derivatives.

"Refinery unit" means a set of components which are a part of a basic process operation, such

as distillation, hydrotreating, cracking or reforming of hydrocarbons.

"Submerged fill pipe" means any fill pipe or discharge nozzle that meets any one of the

following conditions.

(A) The bottom of the discharge pipe or nozzle is below the surface of the liquid in the

receiving vessel for at least 95 percent of the volume filled.

(B) The bottom of the discharge pipe or nozzle is less than 6 inches from the bottom of

the receiving vessel.

(C) The bottom of the discharge pipe or nozzle is less than 2 pipe or nozzle diameters

from the bottom of the receiving vessel.

252:100-39-3. General applicability

In addition to any application of the requirements contained in 252:100-37, the additional

requirements contained in this Subchapter shall be required of existing and new facilities located in

Tulsa and Oklahoma Counties.

252:100-39-4. Exemptions

VOCs with vapor pressures less than 1.5 pounds per square inch absolute (psia) under actual

storage conditions are exempt from 252:100-39-16 through 252:100-39-18, 252:100-39-30, 252:100-

39-41, and 252:100-48.

PART 3. PETROLEUM REFINERY OPERATIONS

252:100-39-15. Petroleum refinery equipment leaks

(a) Definitions. The following words and terms, when used in this Section, shall have the following

meaning, unless the context clearly indicates otherwise.

(1) "Component" means any piece of equipment which has the potential to leak VOCs when

tested in the manner described in EPA Test Method 21 of 40 CFR Part 60. These sources

include, but are not limited to, pumping seals, compressor seals, seal oil degassing vents,

pipeline valves, flanges and other connections, pressure relief devices, process drains, and open

ended pipes. Excluded from these sources are valves which are not externally regulated.

(2) "Gas service" means any equipment which processes, transfers or contains a VOC or

mixture of VOCs in the gaseous phase.

(3) "Leaking component" means a component which has a VOC concentration exceeding

10,000 ppmv when tested according to the provisions in 252:100-39-15(e).

(4) "Liquid service" means any equipment which processes, transfers or contains a VOC or

mixture of VOCs in the liquid phase.

(5) "Valves not externally regulated" means valves that have no external controls, such as

in-line check valves.

(b) Applicability.

(1) This Section applies to all petroleum refineries located in Tulsa County and Oklahoma

County.

(2) VOCs with vapor pressures less than 0.0435 psia (0.3 kilopascals (kPa)) under actual storage

conditions are exempt from 252:100-39-15. (Effective 2-12-90.)

(c) Standards and operating requirements

143
(1) The owner or operator of a petroleum refinery subject to this Section shall:

(A) develop and conduct a monitoring program consistent with the provisions in 252:100-

39-15(d) and 252:100-39-15(f);

(B) record all leaking components and place an identifying tag on each component

consistent with the provisions in 252:100-39-15(f)(3);

(C) repair and retest the leaking components as soon as possible but no later than 15 days

after the leak is found;

(D) identify all leaking components which cannot be repaired until the unit is shutdown

for turnaround; and,

(E) assure all lines or pipes terminating with a valve are sealed with a second valve, a

blind flange, a plug or a cap.

(2) The Division Director mayrequire the owner or operator to take appropriate remedial action,

including early unit turnaround, based on the number and severity of tagged leaks awaiting

repair.

(3) Pipeline valves and pressure relief valves in gas service shall be marked in some manner that

will be readily obvious to both petroleum refinery or contract personnel performing monitoring

and the DEQ.

(d) Compliance schedule. The owner or operator of a petroleum refinery shall submit to the

Division Director a monitoring program by July 30, 1981. This program shall contain, at a

minimum, a list of the refinery units and the quarter in which they will be monitored, a copy of the

log book format, and the make and model of the monitoring equipment to be used. In no case shall

a monitoring contract relieve the owner or operator of a petroleum refinery of the responsibility for

compliance with this Section.

(e) Testing and monitoring procedures. Testing and calibration procedures to determine

compliance with this Section must be consistent with EPA Test Method 21 of 40 CFR Part 60.

(f) Monitoring.

(1) The owner or operator of a petroleum refinery shall conduct a monitoring program consistent

with the following provisions. The owner or operator shall:

(A) monitor yearly by the methods referenced in 252:100-39-15(e) all pump seals,

pipeline valves in liquid service, and process drains;

(B) monitor quarterly by the methods referenced in 252:100-39-15-(e) all compressor

seals, pipeline valves in gas service, and pressure relief valves in gas service;

(C) monitor weekly by visual methods all pump seals;

(D) monitor within 24 hours any pump seal from which VOC liquids are observed

dripping;

(E) monitor any relief valve within 24 hours after it has vented to the atmosphere; and,

(F) monitor immediately after repair any component that was found leaking.

(2) Pressure relief devices that are connected to an operating flare header, vapor recovery

devices, inaccessible valves, storage tank valves, and valves that are not externally regulated are

exempt from themonitoringrequirements in paragraph (1) of this subsection; provided, however,

such inaccessible valves will be monitored during annual shutdown.

(3) The owner or operator of a petroleum refinery, upon the detection of a leaking componentthat

is not repaired on discovery, shall affix a weatherproof and readily visible tag, bearing an

identification number and the date the leak is located, to the leaking component. This tag shall

remain in place until the leaking component is repaired.

(g) Recordkeeping.

(1) The owner or operator of a petroleum refinery shall maintain a leaking components

monitoring log which shall contain, at a minimum:

(A) the name of the process unit where the component is located;

(B) the type of component (e.g., valve, seal);

(C) the tag number of the component, if not repaired immediately on discovery;

(D) the date on which a leaking component is discovered;

(E) the date on which a leaking component is repaired;

(F) the date and instrument reading of the recheck procedure after a leaking component is

repaired;

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(G) the date of the calibration of the monitoring instrument which shall be made available

for inspection on request;

(H) those leaks that cannot be repaired until turnaround; and,

(I) the total number of components checked and the total number of components found

leaking.

(2) The monitoring log shall be retained on site by the owner or operator for at least two years

after the date on which the record was made or the report prepared.

(3) The monitoring log shall be made available for inspection at any reasonable time and copies

of the log shall be provided to the Division Director, upon written request of the AQD.

(h) Reporting. The owner or operator of a petroleum refinery shall:

(1) submit a report to the Division Director by the 30th day following the end of each calendar

quarter that lists all leaking components that were located during the previous quarter but not

repaired within 15 days, all leaking components awaiting unit turnaround, and the total number

of components found leaking; and,

(2) submit a signed statement with the report attesting to the fact that all monitoring and, with

the exception of those leaking components listed in 252:100-39-15(h)(1), all repairs were

performed as stipulated in the monitoring program.

252:100-39-16. Petroleum refinery process unit turnaround

(a) Definition. "Turnaround" means the planned procedure of shutting down a unit, inspecting

and repairing it, and restarting it.

(b) Procedures required. For the shutdown, purging and blowdown operation of any petroleum

refinery processing unit the following procedures are required:

(1) Recovery of VOCs shall be accomplished during the shutdown or turnaround to a process

unit pressure compatible with the flare or vapor system pressure. The unit shall then be purged

or flushed to a flare or vapor recovery system using a suitable material such as steam, water or

nitrogen. The unit shall not be vented to the atmosphere until pressure is reduced to less than

5 psig through control devices.

(2) Except where inconsistent with the "Minimum Federal Safety Standards for the

Transportation of Natural and Other Gas by Pipeline," or any State of Oklahoma regulatory

agency, no person shall emit VOC gases to the atmosphere from a vapor recovery blowdown

system unless these gases are burned by smokeless flares or an equally effective control device

as approved by the Division Director.

(3) At least fifteen days prior to a scheduled turnaround, a written notification shall be submitted

to the Division Director. As a minimum, the notification shall indicate the unit to be shutdown,

the date of shutdown, and the approximate quantity of VOCs to be emitted to the atmosphere.

(4) Scheduled refinery unit turnaround may be accomplished without the controls specified in

252:100-39-16(b)(1) and 252:100-39-16(b)(2) during non-oxidant seasons provided the

notification to the Division Director as required in 252:100-39-16(b)(3) specifically contains a

request for such an exemption. The non-oxidant season is from November 1 through March 31.

252:100-39-17. Petroleum refinery vacuum producing system

(a) Definitions. The following words and terms, when used in this Section, shall have the following

meaning, unless the context clearly indicates otherwise.

(1) "Accumulator" means the vessel in the overhead stream of any fractionating tower, after

the overhead condenses and separates noncondensable gases, liquid VOCs and water.

(2) "Hotwell" means the tank at the bottom of the barometer leg in a barometric condenser

system to receive the water, condensate and entrained VOCs generated by the barometric

condenser.

(b) Requirements. Noncondensable VOCs emitted from any of the vacuum producing systems

listed in paragraphs (1) through (3) of this subsection shall be incinerated or reduced by 90 percent

of what would be emitted without controls.

(1) Steam ejectors with barometric condensers.

(2) Steam ejectors with surface condensers.

(3) Mechanical vacuum pumps.

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(c) Hotwells and accumulators.

(1) Hot wells and accumulators shall be covered and the noncondensable vapors shall be vented

to a fire-box or incinerator.

(2) The presence of a pilot flame shall be monitored using a thermocouple or any other

equivalent device to detect the presence of a flame. (Effective February 12, 1990)

(d) Compliance. Compliance shall be determined in accordance with the provision of the CTG

document ("Control of Refinery Vacuum Producing systems, Wastewater Separators and Process

Unit Turnarounds," EPA 450/2-77-025, October, 1977). Test reports and maintenance records shall

be maintained for at least two years. If emission testing is required, the appropriate test method(s)

selected from EPA Reference Methods l through 4, 21, and/or 25, shall be utilized.

252:100-39-18. Petroleum refinery effluent water separators

(a) Definition. "Effluent water separator" means any container in which any VOC floating on,

entrained in, or contained in water entering the container is physically separated and removed from

the water prior to discharge of the water from the container.

(b) Requirements. No owner or operator shall operate or install a single-compartment or

multiple-compartment effluent waterseparator unless the compartment receiving the effluent water

is equipped to control emissions in one of the following ways.

(1) The container totally encloses the liquid contents and all openings are sealed. All gauging

and sampling devices shall be gas-tight except when gauging or sampling is taking place. The

oil removal devices shall be gas-tight except when manual skimming, inspection and/or repair

is in progress.

(2) The container is equipped with a vapor-recovery system, consisting of a vapor-gathering

system capable of collecting the VOC vapors and gases discharged and a vapor-disposal system

capable of processing such VOC vapors and gases to prevent their emission to the atmosphere. 

All tank gauging and sampling devices shall be gas-tight except when gauging or sampling is

taking place. The VOC removal devices shall be gas-tight except when manual skimming,

inspection and/or repair is in progress.

(3) A container that is equipped with controls of equal efficiency, provided the plans and

specifications are approved by the Division Director prior to their use.

PART 5. PETROLEUM PROCESSING AND STORAGE

252:100-39-30. Petroleum liquid storage in vessels with external floating roofs

(a) Definitions. The following words and terms, when used in this Section, shall have the following

meaning, unless the context clearly indicates otherwise.

(1) "Condensate" means hydrocarbon liquid separated from natural gas which condenses due

to changes in the temperature and/or pressure and remains liquid at standard conditions.

(2) "Drilling or production facility" means all drilling and servicing equipment, wells, flow

lines, separators, equipment, gathering lines, and auxiliarynon-transportation-related equipment

used in the production of petroleum but does not include natural gasoline plants.

(3) "External floating roof" means a storage vessel cover in an open top tank consisting of a

double deck or pontoon single deck which rests upon and is supported by the petroleum liquid

being contained and is equipped with a closure seal or seals to close the space between the roof

edge and tank wall.

(4) "Lease custody transfer" means the transfer of produced crude oil and/or condensate, after

processing and/or treating in the producing operations,from storage vessels or automatic transfer

facilities to pipelines or any other form of transportation.

(5) "Liquid-mounted seal" means primary seal mounted in continuous contact with the liquid

between the vessel wall and the floating roof.

(6) "Petroleum liquid" means crude oil, condensate, and any finished or intermediate liquid

products manufactured or extracted in a petroleum refinery.

(7) "Vapor-mounted seal" means a primary seal mounted so there is an annular vapor space

underneath the seal. The annular vapor space is bounded by the bottom of the primary seal, the

vessel wall, the liquid surface, and the floating roof.

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(8) "Waxy, high pour point crude oil" means a crude oil with a pour point of 59 F or higher

o

as determined bytheAmerican Societyof Testing and Materials Standard D97-66, "Test for Pour

Point of Petroleum Oils."

(b) Applicability.

(1) This Section applies to petroleum liquid storage vessels equipped with external floating

roofs, having capacities greater than 40,000 gal (150,000l).

(2) This Section does not apply to petroleum liquid storage vessels that:

(A) are used to store waxy, high pour point crude oil;

(B) have capacities less than 422,675 gal ( 1,600 m ) and are used to store produced

3

crude oil and condensate prior to lease custody transfer;

(C) contain a petroleum liquid with a true vapor pressure less than 1.5 psia (10.5 kPa);

(D) contain a petroleum liquid with a true vapor pressure less than 4.0 psia (27.6 kPa) if

the vessels are of welded construction and have a metallic-type shoe seal, a liquid-mounted

foam seal, a liquid-mounted liquid filled type seal, or other closure device of demonstrated

equivalence approved by the Division Director; or,

(E) are of welded construction, are equipped with a metallic-type shoe primary seal and

have a secondary seal from the top of the shoe seal to the vessel wall (shoe-mounted

secondary seal).

(3) Storage vessels that are subject to the equipment standards for external floating roofs in 40

CFR 60 Subparts Ka or Kb are exempt from the requirements of 252:100-39-30.

(4) Storage vessels that are subject to the equipment standards for external floating roofs in 40

CFR 63 Subparts CC (63.646) or G shall be exempt from the requirements of 252:100-39-30

upon the date compliance with the standards in Subparts CC and G is required.

(c) Equipment and operating requirements.

(1) Standards. Each storage vessel used to store a petroleum liquid shall meet the following

conditions.

(A) The vessel has been fitted with:

(i) a continuous secondary seal extending from the floating roof to the vessel wall

(rim-mounted secondary seal); or,

(ii) a closure device or other device which controls VOC emissions with an effectiveness

equal to or greater than a seal required in 252:100-39-30(c)(1)(A)(i) and approved by the

Division Director.

(B) All seal closure devices meet the following requirements.

(i) There are no visible holes, tears, or other openings in the seal(s) or seal fabric.

(ii) The seal(s) are intact and uniformly in place around the circumference of the floating

roof between the floating roof and the vessel wall.

(iii) The accumulated area of gaps exceeding 1/8 in. (0.32 cm) in width between the

secondary seal and the vessel wall when the secondary seal is used in combination with

a vapor mounted primary seal shall not exceed 1.0 in. /ft of vessel diameter (21.2 cm /m 2 2

of vessel diameter). This shall be determined by physically measuring the length and

width of all gaps around the entire circumference of the secondary seal in each place

where a 1/8 in. (0.32 cm) uniform diameter probe passes freely between the seal and the

vessel wall and summing the areas of the individual gaps.

(C) All openings in the external floating roof, except for automatic bleeder vents, rim

space vents, and leg sleeves, are:

(i) equipped with covers, seals, or lids in the closed position except when the openings

are in actual use; and,

(ii) equipped with projections into the vessel which remain below the liquid surface at

all times.

(D) Automatic bleeder vents are closed at all times except when the roof is floated off or

landed on the roof leg supports.

(E) Rim vents are set to open when the roof is being floated off the leg supports or at the

manufacturer's recommended settings.

(F) Emergency roof drains are provided with slotted membrane fabric covers or equivalent

covers which cover at least 90 percent of the area of the opening.

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(2) Monitoring. The owner or operator of a petroleum liquid storage vessel with an external

floating roof subject to this Section shall:

(A) perform routine inspections semi-annually in order to ensure compliance with

252:100-39-30(c)(1)(B)(i), i.e., no visible holes, tears, or other openings in the seals or seal

fabric;

(B) measure the secondary seal gap annually in accordance with 252:100-39-

30(c)(1)(B)(iii), when the floating roof is equipped with a vapor-mounted primary seal; and,

(C) maintain records of the types of volatile petroleum liquids stored, the true vapor

pressure of the liquid as stored, and the results of the inspections performed in 252:100-39-

30(c)(2)(A) and 252:100-39-30(c)(2)(B).

(3) Recordkeeping.

(A) Copies of all records under 252:100-39-30(c)(2) shall be retained by the owner or

operator for a minimum of two years after the date on which the record was made.

(B) Copies of all records under this Section shall be made available to the Division

Director, upon request, at any reasonable time.

(d) Compliance schedule. Compliancewith thisSection shall be accomplished byaffected facilities

by May 23, 1982.

PART 7. SPECIFIC OPERATIONS

252:100-39-40. Cutback asphalt (paving)

(a) Definitions. "Cutback asphalt" means a basic asphalt or asphaltic concrete containing a

petroleum distillate.

(b) Requirements. No owner, operator and/or contractor shall prepare or apply cutback liquefied

asphalt without the prior written consent of the Division Director. Such consent may be granted

during Oklahoma's non-oxidant season, i.e., November 1 through March 31.

252:100-39-41. Storage, loading and transport/delivery of VOCs

(a) Storage of VOCs in vessels with storage capacities greater than 40,000 gallons. Each vessel

with a capacity greater than 40,000 gal (151 m ) which stores gasoline or any VOC shall be a

3

pressure vessel capable of maintaining working pressures that prevent the loss of VOC vapor or gas

to the atmosphere or shall be equipped with one or more of the following vapor control devices.

(1) An external floating roof, that consists of a pontoon-type or double-deck type cover or a fixed

roof with an internal-floating cover. The cover shall rest on the surface of the liquid contents at

all times (i.e., off the leg supports), except during initial fill, when the storage vessel is

completely empty, or during refilling. When the cover is resting on the leg supports, the process

of filling, emptying, or refilling shall be continuous and shall be accomplished as rapidly as

possible. The floating roof shall be equipped with a closure seal, or seals, to close the space

between the cover edge and vessel wall. Floating roofs are not appropriate control devices if the

VOCs have a vapor pressure of 11.1 psia (76.6 kPa) or greater under actual conditions. All

gauging and sampling devices shall be gas-tight except when gauging or sampling is taking

place. Closure seals for fixed roof vessels with an internal-floating cover shall meet the

requirements of 252:100-39-30(c)(1)(B)(i) and (ii). Closure seals for vessels with external

floating roofs shall meet the requirements of 252:100-39-30(c)(1)(B)(i), (ii), and (iii).

(2) A vapor-recovery system that consists of a vapor-gathering system capable of collecting 90

percent by weight or more of the uncontrolled VOCs that would otherwise be emitted to the

atmosphere and a vapor-disposal system capable of processing VOCs to prevent emissions in

excess of 6.68 x 10 lb/gal (80 mg/l) of VOCs transferred. All vessel gauging and sampling -4

devices shall be gas-tight except when gauging or sampling is taking place.

(3) Other equipment or methods that are of equal efficiency for purposes of air pollution control

may be used when approved by the Division Director and in concert with federal guidelines.

(b) Storage of VOCs in vessels with storage capacities of 400-40,000 gallons.

(1) Each gasoline or other VOC storage vessel with a nominal capacity greater than 400 gal (1.5

m ) and less than 40,000 gal (151 m ) shall be equipped with a submerged fill pipe or be bottom 3 3

filled.

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(2) The displaced vapors from each storage vessel with an average daily throughput of 30,000

gal (113,562 l) or greater which stores gasoline or other VOCs shall be processed by a system

that has a total collection efficiency no less than 90 percent by weight of total VOCs in the

vapors.

(A) The vapor recovery system shall include:

(i) a vapor-tight return line from the storage vessel to the delivery vessel and a system

that will ensure that the vapor return line is connected before gasoline or VOCs can be

transferred into the storage vessel; or,

(ii) other equipment that has a total collection efficiency no less than 90 percent by

weight of the total VOCs in the displaced vapor if approval is obtained from the Division

Director prior to start of construction.

(B) The requirements for vapor collection of displaced vapors shall not apply to

operations that are not major sources.

(c) Loading of VOCs.

(1) Each VOC loading facility with an annual throughput of 120,000 gal (454,249 l) or greater

or storage capacity greater than 10,000 gal (38 m ) shall be equipped with a vapor-collection 3

and/or disposal system .

(2) While VOCs are loaded through the hatches of a transport vessel, a pneumatic, hydraulic or

mechanical means shall be provided to ensure a vapor-tight seal at the hatch.

(3) A means shall be provided to prevent VOC drainage from the loading device when it is

removed from the transport vessel, or to accomplish complete drainage before removal.

(4) When loading is by means other than hatches, all loading and vapor lines shall be equipped

with fittings that make vapor-tight connections and which close automatically when

disconnected.

(5) The vapor collection and/or disposal portion of the system shall consist of one or more of the

elements listed in 252:100-39-41(c) (5)(A) through 252:100-39-42(c) (5)(C) in addition to

bottom loading or submerged fill of transport vessels. Storage vessels at service stations and

bulk plants may be used for intermediate storage prior to recovery/disposal of vapors as specified

in 252:100-39-41(c)(5)(A) through 252:100-39-41(c)(5)(C) if they are designed to prevent the

release of vapors during use.

(A) An absorption/adsorption system or condensation system that has a minimum

recovery efficiency of 90 percent by weight of all the VOC vapors and gases entering such

disposal system.

(B) A vapor handling system which directs all vapors to a fuel gas incineration system

with a minimum disposal efficiency of 95 percent.

(C) Other equipment that has at least a 90 percent efficiency, provided plans for such

equipment are approved by the Division Director.

(6) Subsection 252:100-39-41(c) shall apply to any facility that loads VOCs into any transport

vessel designed for transporting VOCs.

(d) Transport/delivery.

(1) The vapor-laden delivery vessel shall meet one of the following requirements.

(A) The delivery vessel must be designated and operated to be vapor tight except when

sampling, gauging, or inspecting.

(B) The delivery vessel must be equipped and operated to deliver the VOC vapors to a

vapor recovery/disposal system.

(2) No owner or operator shall allow a delivery vessel to be filled at a facility unable to receive

displaced VOC vapors nor service vessels unable to deliver displaced vapors except for vessels

and facilities exempted in 252:100-39-41(b) and 252:100-39-41(c).

(3) Testing of the tank trucks for compliance with the vapor tightness requirements must be

consistent with Appendix "B" EPA Guideline Series Document, "Control of Volatile Organic

Compound Leaks from Gasoline Tank Trucks and Vapor Collection Systems," EPA 450/2-78-

051, or an equivalent method as determined by the Division Director.

(e) Additional requirements for Tulsa County.

(1) Applicability. This subsection applies only in Tulsa County.

(2) Storage of VOCs.

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(A) 2,000 - 40,000 gallons capacity. Each storage vessel with a nominal capacitygreater

than 2,000 gal (7.6 m ) and less than 40,000 gal (151 m ) that stores gasoline or other VOCs 3 3

or each storage vessel located at a facility that dispenses more than 120,000 gal/yr of gasoline

or other VOCs, in addition to being equipped with a submerged fill pipe or being bottom

loading, shall be equipped with a vapor control system. The vapor control system shall have

an efficiency of no less than 90 percent by weight of the VOCs contained in the displaced

vapors and shall be equipped with a pressure relief valve in the atmospheric vent system

which maintains a pressure of 16 oz/in. and l/2 oz/in. vacuum. The vapor recovery system 2 2

shall include one or more of the following.

(i) A vapor-tight return line from the storage vessel to the delivery vessel and a system

that will ensure that the vapor return line is connected before gasoline or VOCs can be

transferred into the storage vessel (i.e., poppeted connectors from the storage vessel to

the delivery vessel.).

(ii) A float vent valve assembly installed in the vapor return/vent line on new and

existing dual point installations; however, for coaxial installations on existing stations,

a vent sleeve extending 6 in. (15 cm) below the top of the vessel will be allowed. 

Sleeves may be equipped with a 1/16 in. (0.16 cm) air bleed hole.

(iii) A vapor recovery line with a cross-sectional area that is at least half of the

cross-sectional area of the liquid delivery line.

(iv) Other equipment that has a total collection efficiency no less than 90 percent by

weight of the total VOCs in the displaced vapor if approved by Division Director prior

to start of construction.

(B) Applicability.

(i) Any vessel with a capacity greater than 2,000 gal (7.6 m ) or any vessel located at 3

a facility that dispenses more than 120,000 gal/yr (454,249 l/yr) shall be and will always

remain subject to 252:100-39-41(e)(2). (effective February 12, 1990).

(ii) Exemptions to 252:100-39-41(e)(2) may be granted if the owner or operator shows

to the satisfaction of the Division Director that the vessel is used exclusively for

agricultural purposes.

(C) Emission testing. If emission testing is conducted, the appropriate test methods

selected from EPA Methods 1 through 4, 18, 21, 25, 25A and 25B shall be utilized.

(D) Compliance. Compliance with 252:100-39-41(e)(2) shall be accomplished by the

owner or operator of affected facilities by December 31, 1986.

(E) Certification. The owner or operator of a facility shall obtain, by whatever means

practicable, certification from the owner or operator of the transport/delivery vessels that all

deliveries of gasoline or other VOCs made to their 400-gallon to 40,000-gallon storage

facility located in Tulsa County shall be made by transport/delivery vessels that comply with

the requirements contained in 252:100-39-41(e)(4). Compliance with 252:100-39-41(e)(2)

shall be accomplished by owners or operators of affected facilities no later than December

31, 1990. (Effective February 12, 1990)

(3) Loading of VOCs. In addition to those requirements contained in 252:100-39-41(c),

stationary loading facilities shall be checked annually in accordance with EPA Test Method 21,

Leak Test. Leaks greater than 5,000 ppmv shall be repaired within 15 days. Facilities shall

retain inspection and repair records for at least two years.

(4) Transport/delivery vessel requirements. In addition to the requirements contained in

252:100-39-41(d), facilities located in Tulsa County must meet the following requirements.

(A) Maintenance.

(i) The delivery vessel must be maintained so that it is vapor tight except when

sampling, gauging, or inspecting. These activities shall not occur while the vehicle is

loading or unloading or is in a pressurized state.

(ii) The delivery vessel must be equipped, maintained, and operated to receive vapors

from sources identified in 252:100-39-41(b)(1) and 252:100-39-41(b)(2) and retain these

and all other vapors until they are delivered into an authorized vapor recovery/disposal

system.

(iii) Vessels with defective equipment such as boots, seals, and hoses, or with other

150
deficiencies that would impair the vessels' ability to retain vapors or liquid shall be

repaired within 5 days.

(iv) The certified testing facility must certify to the approving agency that the proper

testing and repairs have occurred in accordance with 252:100-39-41(e)(4)(B)(i). The

vessel must also display on the rear panel a tag showing the date of the pressure test.

(v) No owner or operator shall allow a delivery vessel to be filled at a facility unable to

receive displaced VOCs nor service vessels unable to deliver displaced vapors except for

vessels/facilities exempted in 252:100-39-41(b). Terminal owners shall not fill vessels

that do not display a current tag.

(vi) Delivery vessels may be inspected by representatives of the DEQ in order to

determine their state of repair. Such a test may consist of a visual inspection or a vapor

test with vapors not to exceed 5,000 ppmv. Failure of a vapor test shall require the

owner or operator to make the necessary repairs within 10 days. Failure to certify within

10 days of a vapor test that the necessary repairs have been made shall subject the owner

or operator to sanctions. Upon certification of repairs, the vessel will be allowed to

resume normal operation.

(B) Testing requirements.

(i) Pressure test.

(I) Delivery vessels, delivering or receiving gasoline must be tested one time per

year for vapor tightness. The vapor tightness test must be consistent with Appendix

"A" EPA Guideline Series Document, "Control of VolatileOrganicCompoundLeaks

from Gasoline Tank Trucks and Vapor Collection Systems", EPA 450/2-78-051. 

Tests shall be performed by the owner or a transport service company. Test methods

used to test these vessels by owners or testing companies must be approved for use

by the Division Director.

(II) The vessel shall be considered to pass the test prescribed in 252:100-3941(e)

(4)(B)(i)(I) when the test results show that the vessel and its vapor collection systems

do not 2sustain a pressure change of more than 3 in. H 0. There shall be no avoidable

visible liquid leaks.

(ii) Vapor test. Testing of the tank trucks for compliance with vapor tightness

requirements as required under 252:100-39-41(e)(4)(A)(vi) must be consistent with

Appendix "B" EPA Guideline Series Document, "Control ofVolatileOrganicCompound

Leaks from Gasoline Tank Trucks and Vapor Collection Systems", EPA 405/2-78-051,

as modified for this purpose in Section 252:100-39-41.1. The requirements of 252:100-

39-41(e) took effect December 15, 1988.

252:100-39-41.1. Gasoline vapor leak detection method by combustible gas detector

(a) Principle. A combustible gas detector is used to indicate any incidence of leakage from gasoline

truck tanks and vapor control systems. This qualitative monitoring procedure is an enforcement tool

to confirm the continuing existence of leak-tight conditions.

(b) Definitions. The following words and terms, when used in this Section, shall have the following

meaning, unless the context clearly indicates otherwise:

(1) "Truck tank" means any container, including associated pipes and fittings, that is used for

the transport of gasoline.

(2) "Truck tank vapor collection equipment" means any piping, hoses, and devices on the

truck tank used to collect and route the gasoline vapors in the tank to the bulk terminal, bulk

plant, or service station vapor control system.

(3) "Vapor control system" means any piping, hoses, equipment, and devices at the bulk

terminal, bulk plant, or service station, which is used to collect, store, and/or process gasoline

vapors.

(c) Applicability. The gasoline vapor leak detection procedure by combustible gas detector is

applicable to determining the leak-tightness of gasoline truck tanks during loading without taking

the truck tank out of service. The method is applicable only if the vapor control system does not

create back-pressure in excess of the pressure limits of the truck tank compliance leak test. For

vapor control systems, this method is applicable to determining leak-tightness at any time.

151
(d) Apparatus and specifications.

(1) Manometer. Liquid manometer, or equivalent, capable of measuring up to 6250 pascals (25

2 2

inches H O) gauge pressure with +25 pascals (0.1 inch H O) precision shall be used.

(2) Combustible gas detector. A portable hydrocarbon gas analyzer with associated sampling

line and probe having the following specification shall be used.

(A) Safety. The detector shall be certified as safe for operation in explosive atmospheres.

(B) Range. The minimum range for the detector shall be 0-100 percent of the lower

explosive limit (LEL) as propane.

(C) Probe diameter. The sampling probe shall have an internal diameter of 0.625 cm

(1/4 inch).

(D) Probe length. The probe sampling line shall be of sufficient length for easy

maneuverability during testing.

(E) Response time. The response time for full-scale deflection shall be less than 8

seconds for detector with sampling line and probe attached.

(e) Test procedure.

(1) Pressure. Place a pressure tap in the terminal, plant, or service station vapor control system,

as close as possible to the connection with the truck tank. Record the pressure periodically

during testing.

(2) Calibration. Calibrate the combustible gas detector with 2.2 percent propane by volume in

air for 100 percent LEL response.

(3) Monitoring procedure. During loading or unloading, check the periphery of all potential

sources of leakage of the truck tank and of the terminal, plant, or service station vapor collection

system with a combustible gas detector.

(A) Probe distance. The probe inlet shall be 2.5 cm from the potential leak source.

(B) Probe movement. Move the probe slowly (2.0 cm/second). If there is any meter

deflection at a potential leak source, move the probe to locate the point of highest meter

response.

(C) Probe position. As much as possible, the probe inlet shall be positioned in the path

of (parallel to) the vapor flow from a leak.

(D) Wind. Attempt as much as possible to block the wind from the area being

monitored.

(4) Recording. Record the highest detector reading and location for each incidence of leakage.

252:100-39-42. Metal cleaning

(a) Cold cleaning facility.

(1) Equipment requirements. An owner or operator of any cold cleaning unit for metal

degreasing which uses a VOC shall:

(A) install a cover or door on the facility that can be easily operated with one hand;

(B) provide an internal drain board that will allow lid closure if practical; if not practical,

provide an external drainage facility; and,

(C) attach a permanent, conspicuous label summarizing the operating requirements

specified in 252:100-39-42(a)(2) to the facility.

(2) Operating requirements. Owners or operators shall at a minimum:

(A) drain clean parts at least 15 seconds or until dripping ceases before removal;

(B) close degreaser cover when not handling parts in cleaner;

(C) store waste VOC in covered containers;

(D) not dispose or allow disposition of waste VOC in such a manner that more than 20

percent by weight can evaporate into the atmosphere.

(E) use a solid fluid stream, not an atomized spray, when VOC is sprayed.

(3) Requirements for controls. If the vapor pressure of the VOC is greater than 0.6 psi (4.1

kPa) measured at 100EF (38EC) or if VOC is heated to 248EF (120EC), the owner or operator

shall apply one or more of the following control devices/techniques.

(A) Freeboard that gives a freeboard ratio greater than or equal to 0.7.

(B) Water cover where the VOC is insoluble in and denser than water or such equivalent.

(C) Another system of equivalent control as approved by the Division Director.

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(4) Compliance and recordkeeping. Compliance shall be determined in accordance with EPA

guidance document "Control of Volatile Organic Emissions from Solvent Metal Cleaning,"

450/2-77-022. Test reports and maintenance and repair records of control equipment shall be

maintained by the source for at least two years.

(b) Vapor-type metal degreasing.

(1) Equipment requirements. An owner or operator of any vapor-type metal degreasing unit

using A VOC shall ensure that the following requirements are met.

(A) The unit shall have a cover or door that can easily be opened and closed without

disturbing the vapor zone.

(B) The unit shall have the following safety switches.

(i) Condenser flow switch and thermostat or equivalent capable of shutting off the sump

heat if condenser coolant is not circulating or coolant exceeds VOC manufacturer's

recommended level.

(ii) Spray safety switch capable of shutting off spray pumps if the vapor level drops in

excess of 4 in. (10 cm).

(C) The unit shallhave one or more of the following control devices/techniques.

(i) Freeboard ratio not less than 0.75, i.e., the ratio of the freeboard to the width of the

degreaser wherein the term freeboard is defined as the distance from the top of the vapor

zone to the top of the degreaser tank.

(ii) Refrigerated chiller, i.e., condenser coils in the upper limit of the vapor zone.

(iii) Enclosed design, i.e., cover or door is opened only when a part is actually

entering or exiting the facility.

(iv) A carbon adsorption system with ventilation greater than 50 cfm/ft of air/vapor 2

area when coveris open . The system shall exhaust less than 25 ppmv VOC average over

one adsorption cycle.

(v) A control system demonstrated to have a control efficiency equal to or greater than

any of the systems in 252:100-39-42(b)(1)(C).

(D) A permanent conspicuous label summarizing operating requirements in 252:100-39-

42(b)(2) shall be attached to the unit.

(2) Operating requirements. An owner or operator of a vapor type metal degreasing unit using

VOC shall ensure that the following requirements are met.

(A) As a minimum operators shall:

(i) keep the cover closed at all times except when degreasing parts;

(ii) rack parts to allow full drainage;

(iii) move parts in and out of the degreaser at less than 11 ft/min (3.4 m/min);

(iv) degrease the workload in the vapor zone at least 30 seconds or until condensation

ceases;

(v) tip out any pools of VOC on the cleaned parts before removal;

(vi) allow parts to drywithin the degreaser for at least 15 seconds or until visually dry;

(vii) assure that VOC leaks are immediately repaired or the degreaser is shut down;

and,

(viii) store waste VOC only in closed containers.

(B) As a minimum operators shall not:

(i) degrease porous or absorbent materials, such as cloth, leather, wood or rope;

(ii) allow workloads to occupy more than half of the degreaser's open top area;

(iii) spray above the vapor level;

(iv) allow greater than 20 percent of the VOC waste (by weight) to evaporate into the

atmospherewhen disposing of the waste or transferring the waste to another party;

(v) allow exhaust ventilation to exceed 65 cfm/ft (20 m /min/m ) of degreaser open area, 2 3 2

unless necessary to meet OSHA requirements.

(vi) use ventilation fans near the degreaser opening; or,

(vii) allow water to be visually detectable in VOC exiting the water separator.

(3) Compliance and recordkeeping. Compliance shall be determined in accordance with EPA

document 450/2-77-022 and all test and maintenance records shall be retained by the source for

at least two years.

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(c) Conveyorized degreasing unit.

(1) Operating requirements. An owner or operator of a conveyorized degreasing unit using

VOC shall ensure that the following requirements are met.

(A) Exhaust ventilation shall not exceed 65 cfm/ft (20 m /min/m ) of degreaser opening,

2 3 2

unless necessary to meet OSHA requirements.

(B) Work place fans shall not be used near the degreaser opening.

(C) Carry-out emissions shall be minimized by:

(i) racking parts for best drainage; and,

(ii) maintaining vertical conveyor speed at less than 11 ft/min (3.4 m/min).

(D) Evaporation of waste VOC into the atmosphere shall not be greater than 20 percent

of the waste (by weight) when disposing of the waste or transferring the waste to another

party.

(E) Waste VOC shall be stored only in covered containers.

(F) VOC leaks must be repaired immediately, or the degreaser must be shut down.

(G) Water shall not be visibly detectable in the VOC exiting the water separator.

(H) A permanent conspicuous label summarizing the operating requirements listed in

252:100-39-42(b) and 252:100-39-42(c)shall be attached to the unit.

(2) Control requirements. In addition to the requirements in 252:100-39-42(c)(1), anyunit that

has an air/vapor interface of more than 21.5 ft (2.0 m ) shall be subject to the following control 2 2

requirements.

(A) Major control devices. The degreaser must be controlled by either:

(i) a refrigerated chiller;

(ii) a carbon adsorption system that exhausts less than 25 ppmv of VOC averaged over

a complete adsorption cycle and has ventilation equal to or greater than 50 cfm/ft (15 2

m /min/m ) of air/vapor area (when down-time covers are open); or, 3 2

(iii) a system demonstrated to have control efficiency equivalent to or better than

either of the above.

(B) Carryover prevention. Either a drying tunnel, or another means such as rotating

(tumbling) basket, sufficient to prevent cleaned parts from carrying out VOC liquid or vapor

subject to space limitations must be installed.

(C) Safety switches. The following safetyswitches must be installed and be operational.

(i) Condenser flow switch and thermostat that shuts off sump heat if coolant is either not

circulating or too warm.

(ii) Spray safety switch that shuts off spray pump or conveyor if the vapor level drops

excessively, e.g. more than 4 in (10 cm).

(iii) Vaporlevel control thermostat that shuts off sump heat when vapor level rises too

high.

(D) Minimized openings. Entrances and exits shall silhouette work loads so that the

average clearance between parts and the edge of the degreaser opening is either less than 4

in. (10 cm) or less that 10 percent of the width of the opening.

(E) Covers. Down-time covers must be placed over entrances and exits of conveyorized

degreasers immediatelyafterthe conveyor and exhaust are shutdown and removed just before

they are started up.

(3) Compliance and recordkeeping. Compliance shall be determined in accordance with EPA

document 450/2-77-022 . All test and maintenance records shall be retained by the source for at

least two years.

(d) Alternative control methods. As an alternative to the requirements of 252:100-39-42(a)

through 252:100-39-42(c) and subject to EPA approval, an operator may request the approval by the

Division Director of other methods of control. The applicant must demonstrate that the proposed

method will prevent at least 80 percent of the emissions from each source from being emitted to the

atmosphere, as determined by the appropriate test methods selected from EPA Methods l through

4, 18, 25, 25A and 25B.

252:100-39-43. Graphic arts systems

(a) Definitions. The following words and terms, when used in this Section, shall have the following

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meaning, unless the context clearly indicates otherwise.

(1) "Flexographicprinting" means the application of words, designs and pictures to a substrate

by means of a roll printing technique in which the pattern to be applied is raised above the

printing roll and the image carrier is made of rubber or other elastomeric materials.

(2) "Packaging rotogravure printing" means rotogravure printing upon paper, paper board,

metal foil, plastic film, and other substrates, that are, in subsequent operations, formed into

packaging products and labels for articles to be sold.

(3) "Publication rotogravure printing" means rotogravure printing upon paper which is

subsequently formed into books, magazines, catalogues, brochures, directories, newspaper

supplements, and other types of printed materials.

(4) "Roll printing" means the application of words, designs and pictures to a substrate usually

by means of a series of hard rubber or steel rolls each with only partial coverage.

(5) "Rotogravure printing" means the application of works, designs and pictures to a substrate

bymeans of a roll printing technique that involves an intaglio or recessed image areas in the form

of cells.

(b) Applicability. This Section applies only to packaging rotogravure, publication rotogravure, and

flexographic printing facilities whose potential emissions of VOC are equal to or more than 100

tons/yr (90 Mg/yr). Potential emissions shall be calculated based on historical records of actual

consumption of VOC and ink.

(c) Provisions for specific processes.

(1) An owner or operator of a facility subject to this Section which uses VOC containing ink

shall ensure that one of the following conditions is met.

(A) The volatile fraction of ink, as it is applied to the substrate, contains 25.0 percent by

volume or less of VOC and 75.0 percent by volume or more of water.

(B) The ink as it is applied to the substrate, less water, contains 60.0 percent by volume

or more of nonvolatile material.

(C) The owner or operator installs and operates:

(i) a carbon adsorption system that reduces the VOC emissions from the capture system

by at least 90.0 percent by weight;

(ii) an incineration system that oxidizes at least 90.0 percent of the VOC measured as

total combustible carbon to carbon dioxide and water; or,

(iii) an alternative VOC emission reduction system demonstrated to have at least 90.0

percent reduction efficiency, measured across the control systemwhich has been

approved by the Division Director.

(2) A capture system must be used in conjunction with the emission control systems in 252:100-

39-43(c)(1)(C). The design and operation of the capture system must be consistent with good

engineering practice, and shall be required to provide for an overall reduction in VOC emissions

of at least:

(A) 75.0 percent where a publication rotogravure process is employed;

(B) 65.0 percent where a packaging rotogravure process is employed; or,

(C) 60.0 percent where a flexographic printing process is employed.

(d) Compliance schedule. Compliancewith this Section shall be accomplished byaffected facilities

by May 23, 1982.

(e) Testing. Test procedures to determine compliance with this Subchapter must be consistent with

EPA Reference Method 24 or equivalent ASTM Methods.

252:100-39-44. Manufacture of pneumatic rubber tires

(a) Definitions. The following words and terms, when used in this Section, shall have the following

meaning, unless the context clearly indicates otherwise.

(1) "Automatic tread end cementing" means the application of a VOC based cement to the

tire tread ends by automated devices.

(2) "Bead dipping" means the dipping of an assembled tire bead into a VOC based cement.

(3) "Green tires" means assembled tires before molding and curing have occurred.

(4) "Green tire spraying" means the spraying of green tires, both inside and outside, with

release compounds that help remove air from the tire during molding and prevent the tire from

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sticking to the mold after curing.

(5) "Manual tread end cementing" means the application of a VOC based cement to the tire

tread ends by manufacturers.

(6) "Passenger type tire" means agricultural, airplane, industrial, mobile home, light and

medium duty truck, and passenger vehicle tires with a bead diameter up to but not including 20.0

inches and cross section dimension up to 12.8 inches.

(7) "Pneumatic rubber tire manufacture" means the production of pneumatic rubber,

passenger type tires on a mass production basis.

(8) "Undertread cementing" means the application of a VOC based cement to the underside

of a tire tread.

(9) "Water based sprays" means release compounds, sprayed on the inside and outside of

green tires, in which solids, water and emulsifiers have been substituted for VOCs. These sprays

may contain an average of up to five percent VOC.

(b) Applicability.

(1) This Section applies to VOC emissions from all major source pneumatic rubber tire

manufacturing facilities located in Oklahoma County from:

(A) undertread cementing;

(B) automatic tread end cementing; and,

(C) green tire spraying.

(2) The provisions of this Section do not apply to the production of specialty tires for antique or

other vehicles when produced on an irregular basis or with short production runs. This

exemption applies only to tires produced on equipment separate from normal production lines

for passenger type tires.

(3) Manual tread end cementing operations are exempt from the provisions of this Section.

(c) Control requirements.

(1) Undertread cementing or automatic tread end cementing. The owner or operator of an

undertread cementing, or automatic tread end cementing, operation subject to this Section shall

install and operate the following.

(A) A capture system, designed to achieve maximum reasonable capture from all

undertread cementing, and automatic tread end cementing operations. Maximum reasonable

capture would require that hood enclosures be designed to minimize open areas and enclose

as much of the emission source as practical while maintaining a minimum in-draft velocity

of 200 ft/min (61 m/min) except during times when the enclosure must be opened to allow

work inside or for the inspections of the product in progress. Maximum reasonable capture

shall be consistent with:

(i) Industrial Ventilation,AManual of Recommended Practices, 14th Edition, American

Federation of Industrial Hygienists; and,

(ii) Recommended Industrial Ventilation guidelines, U.S. Department of Health

Education and Welfare, National Institute of Occupational Safety and Health.

(B) A control device that meets the requirements of one of the following systems.

(i) A carbon adsorption system designed and operated so that there is at least an initial

95.0 percent removal of VOC by weight from the gases ducted to the control device with

at least a 90 percent 3 year removal average.

(ii) An incineration system that oxidizes at least 90.0 percent of the VOCs (measured as

total combustible carbon) which enter the incinerator to carbon dioxide and water.

(iii) An alternative VOC emission reduction system certified bythe owner or operator

to have at least a 90.0 percent reduction efficiency, measured across the control system,

and that has been approved by the Division Director.

(2) Green tire spraying. The owner or operator of a green tire spraying operation subject to this

Section shall implement one of the following means of reducing VOC emissions.

(A) Substitute water-based sprays for the normal VOC-based mold release compound.

(B) Install a capture system designed and operated to capture and transfer at least 90.0

percent of the VOC emitted by the green tire spraying operation to a control device, and

install and operate a control device that meets the requirements of one of the following

systems.

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(i) A carbon adsorption system designed and operated so that there is at least 95.0

percent removal of VOC by weight from the gases ducted to the control device.

(ii) An incineration system that oxidizes at least 90.0 percent of the VOCs (measured as

total combustible carbon) to carbon dioxide and water.

(iii) An alternative VOC emission reduction system approved bytheDivision Director

and certified by the owner or operator to have at least a 90.0 percent reduction efficiency,

measured across the control system.

(3) Exemption. If the total VOC emissions from all undertread cementing, tread-end cementing,

bead dipping, and green tire spraying operations at a pneumatic rubber tire manufacturing facility

do not exceed 57 g/tire, 252:100-39-44(c)(1) and 252:100-39-44(c)(2) shall not apply.

(d) Compliance schedule. Compliancewith this Section will be accomplished byaffected facilities

on or before December 31, 1982.

(e) Testing and monitoring.

(1) Test procedures to determine compliance with this Section must be approved by the Division

Director and be consistent with:

(A) EPA Guideline Series Document "Measurement of Volatile Organic Compounds,"

EPA-450/2-78-041.

(B) Appendix A of "Control of Volatile Organic Emissions from Existing Stationary

Sources - Volume II: Surface coating of Cans, Coils, Paper, Fabrics, Automobiles, and

Light-Duty Trucks," EPA-450/2-77-008.

(2) The Division Director may accept, instead of green tire spray analysis, a certification by the

manufacturer of the composition of the green tire spray, if supported by actual batch formulation

records.

(3) If add-on control equipment is used, continuous monitors shall be installed, periodically

calibrated, and operated at all times that the associated control equipment is operating. These

monitors shall measure:

(A) exhaust gas temperature of an incinerator;

(B) temperature rise across a catalytic incinerator bed;

(C) breakthrough of VOC on a carbon adsorption unit; and,

(D) any other parameter for which a continuous monitoring or recording device is

required by the Division Director.

252:100-39-45. Petroleum (solvent) dry cleaning

(a) Definitions. The following words and terms, when used in this Section, shall have the following

meaning, unless the context clearly indicates otherwise.

(1) "Cartridge filters" means perforated canisters containing filtration paper and/or activated

carbon that are used in a pressurized system to remove solid particles and fugitive dyes from

soil-laden petroleum solvent.

(2) "Containers and conveyors of petroleum solvent" means piping, ductwork, pumps,

storage tanks, and other ancillary equipment that are associated with the installation and

operation of washers, dryers, filters, stills, and settling tanks.

(3) "Dry cleaning" means a process of the cleaning of textiles and fabric products in which

articles are washed in a non-aqueous solution (petroleum solvent) and then dried by exposure

to a heated air stream.

(4) "Housekeeping" means those measures and precautions necessary to minimize the release

of petroleum solvent to the atmosphere.

(5) "Operations parameters" means the activities required to insure that the equipment is

operated in a manner to preclude the loss of petroleum solvents to the atmosphere.

(6) "Perceptible leaks" means anypetroleum solvent vapor or liquid leaks that are conspicuous

from visual observation, such as pools or droplets of liquid, or buckets or barrels of petroleum

solvent or petroleum solvent-laden waste standing open to the atmosphere.

(7) "Petroleumsolvent"means organic material produced bypetroleum distillation comprising

a hydrocarbon range of 8 to 12 carbon atoms per organic molecule that exists as a liquid under

standard conditions.

(b) Applicability. This Section applies to petroleum solvent washers, dryers, filters, settling tanks,

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vacuum stills, and other containers and conveyors of petroleum solvent that are used in petroleum

solvent dry cleaning facilities in Tulsa County only.

(c) Operating requirements.

(1) The owner or operator of a petroleum solvent dry cleaning facility shall not operate any dry

cleaning equipment using petroleum solvents unless:

(A) there are no perceptible liquid or vapor leaks from any portion of the equipment;

(B) all washer lint traps, button traps, access doors and other parts of the equipment

where petroleum solvent may be exposed to the atmosphere are kept closed at all times

except when required for proper operation or maintenance;

(C) the still residue is stored in sealed containersand the used filtering material is placed

into a sealed container suitable for use with petroleum solvents, immediately after removal

from the filter and disposed of in the prescribed manner; or,

(D) cartridge filters containing paper or carbon or a combination thereof, which are used

in the dry cleaning process are drained in the filter housing for at least 24 hours prior to

removal.

(2) The owner or operator of a petroleum solvent dry cleaning facility shall not operate any

drying tumblers and cabinets that use petroleum solvents unless tumblers and cabinets are

operated in a mannerto control petroleum solvent vapor leaks by reducing the number of sources

where petroleum solvent is exposed to the atmosphere. Under no circumstances should there be

anyopen containers (can, buckets, barrels) of petroleum solvent or petroleum solvent-containing

material. Equipment containing solvent (washers, dryers, extractors, and filters) should remain

closed at all times other than during maintenance or load transfer. Lint filter and button trap

covers should remain closed except when petroleum solvent-laden lint and debris are removed. 

Gaskets and seals should be inspected and replaced when found worn or defective. Petroleum

solvent-laden clothes should never be allowed to remain exposed to the atmosphere for longer

periods than are necessary for load transfers. Finally, vents on petroleum solvent-containing

waste and new petroleum solvent storage tanks should be constructed and maintained in a

manner that limits petroleum solvent vapor emissions to the maximum possible extent.

(3) The owner or operator shall repair all petroleum solvent vapor and liquid leaks within 3

working days after identifying the sources of the leaks. If necessary repair parts are not on hand,

the owner or operator shall order these parts within 3 working days, and repair the leaks no later

than 3 working days following the arrival of the necessary parts.

(d) Disposal of filters. Filters from the petroleum dry cleaning facility shall be disposed of by:

(1) incineration at a facility approved by the fire marshall's office for such disposal;

(2) by recycling through an approved vendor of this service; or,

(3) by any other method approved by the Division Director.

(e) Compliance schedule. Compliance with 252:100-39-45(c)(1) through 252:100-39-45(c)(3),

shall be accomplished by affected facilities on or before October l, 1986.

252:100-39-46. Coating of parts and products

(a) Applicability. This Section shall apply only to industries located in Tulsa County which

manufacture and/or coat metal parts and products , such as large farm machinery, small farm

machinery, small appliances, commercial machinery, industrial machinery and fabricated metal

products. Architectural coating, aerospace coating, and automobile refinishing are not included.

(b) Definitions. The following words and terms, when used in this Section, shall have the following

meaning, unless the context clearly indicates otherwise.

(1) "Air or forced air dry coatings" means coatings that are dried by the use of air or forced

warm air at temperatures up to 194 F. o

(2) "Architectural coating" means coating used for residential, commercial and/or industrial

buildings and their appurtenances.

(3) "Clear coat" means a coating that lacks color and opacity or is transparent and uses the

undercoat as a reflectant base.

(4) "Extreme performance coatings" mean coatings designed for harsh exposure or extreme

environmental conditions (e.g., exposure to the weather all of the time, temperature above 200 F, o

detergents, abrasive and scouring agents, solvents, corrosive atmosphere or similar conditions).

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(5) "Facility" means all emission sources located on contiguous properties under common

control which are affected by the surface coating provisions of 252:100-37 and 252:100-39.

(6) "Powder" means a coating that is applied in a finely divided state by various methods, and

becomes a continuous, solid film when the metal part or product is moved to an oven for curing.

(7) "Transfer efficiency" means the weight (or volume) of coating solids adhering to the

surface being coated divided by the total weight (or volume) of coating solids delivered to the

applicator.

(c) Existing source requirement. No owner or operator shall discharge or cause the discharge into

the atmosphere from an existing coating line or individual coating operation any VOC in excess of

the amounts listed in 252:100-39-46(d) as calculated by EPA method 24, 40 CFR Part 60.

(d) Standards. The following table enumerates the limitations for surface coatings in pounds of

VOC per gallon of coating as applied (water and exempt compounds). If more than one limit listed

in the table is applicable to a specific coating, then the least stringent limitation shall be applied.

Coating type Limitations

lbs/gal kg/l

Air or Forced Air Dry 3.5 0.42

Clear Coat 4.3 0.52

Extreme Performance 3.5 0.42

Powder 0.4 0.05

Other 3.0 0.36

(e) Emission factor. For the purposes of calculating an emission factor (EF) in pounds VOC per

gallon of coating solids for use in the development of a plant-wide emission plan as described in

252:100-39-46(j)(1), the following formula will be utilized:

EF = VD/l-(V+W) = VD/S where:

(1) V = volume fraction of VOC in coating.

(2) D = density of VOC in the coating.

(3) W = volume fraction of water in coating.

(4) S = l-(V+W) = volume fraction of solids in coating.

(f) Compliance. Compliance with the coating limits listed in 252:100-39-46(d) is to be calculated

on a daily weighted average basis.

(g) VOC-containing materials. VOC-containing materials used for clean up shall be considered

in the VOC content limits listed in 252:100-39-46(d) unless:

(1) the VOC containing materials are maintained in a closed container when not in use;

(2) closed containers are used for the disposal of cloth or paper or other materials used for

surface preparation and cleanup;

(3) the spray equipment is disassembled and cleaned in a VOC vat and the vat is closed when

not in use; or,

(4) the VOC containing materials used for the clean up of spray equipment are sprayed directly

into closed containers.

(h) Exemptions. Facilities with a potential to emit 10 tons/year or less of VOC from coating

operations are exempt from this Section. Once this limit is exceeded, the facility will always be

subject to this Section.

(i) Alternate standard. Coatings with VOC contents in excess of those allowed by 252:100-39-

46(d) may be used if both of the following conditions are met.

(1) Emissions are reduced to levels equivalent to those that would occur if the VOC content of

the coatings met the limits contained in 252:100-39-46(d) and there is an overall control

efficiency of at least:

(A) 85 percent by incineration;

(B) 85 percent by absorption; or,

(C) 85 percent by any other equipment of equivalent reliability and effectiveness.

(2) No air pollution, as defined by the Clean Air Act, results.

(j) Emission plan.

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(1) Development of a plant-wide emission plan. An owner or operator may develop a

plant-wide emission plan consistent with EPA's Emission Trading Policy as published in the

December 4, 1986 Federal Register instead of having each coating line comply with the VOC

content limitations contained in 252:100-39-46(d), if the following conditions are met.

(A) The owner or operator demonstrates by the methods prescribed in 252:100-5-2.1(d)

that sufficient reductions in VOC emissions may be obtained by controlling other sources

within the plant to the extent necessary to compensate for all excess emissions which result

from one or more coating lines not achieving the prescribed limitation. Such demonstration

shall be made in writing and shall include:

(i) a complete description of the coating line or lines that can not comply with the VOC

content limitation in 252:100-39-46(d);

(ii) quantification of emissions, in terms of pounds per day of VOCs, which are in excess

of the prescribed VOC content limitation for each coating line described in 252:100-39-

46(j)(A)(i);

(iii) a complete description of how emissions will be decreased at specific sources to

compensate for excess emissions from each coating line described in 252:100-39-

46(j)(A)(i) and the date on which such reduction will be achieved;

(iv) a transfer efficiency based on a 60 percent baseline with emissions expressed in

pounds of VOC per gallon of solids when transfer efficiency is used to compensate for

excess emissions from spray painting operations;

(v) a demonstration of credits for improvements in transfer efficiency with in plant

testing that complies with EPA methods.

(vi) quantification of emissions, in terms of pounds per day of VOCs, for each source

both before and after the improvement or installation of any applicable control system,

or any physical or operational changes to such a facility or facilities to reduce emissions

and the date on which such reductions will be achieved; and,

(vii) a description of the procedures and methods used to determine the emissions of

VOCs.

(B) The plant-wide emission reduction plan does not include decreases in emissions

resulting from requirements of other applicable air pollution rules. The plant-wide emission

reduction plan as described in the Emissions TradingPolicymayinclude voluntary decreases

in emissions accomplished through installation or improvement of a control system or

through physical or operational changes to emission units, including permanently reduced

production or closing a facility, located on the premises of a surface-coating operation.

(2) Compliance with a plant-wide emission plan. The implementation of a plant-wide

emission reduction plan instead of compliance with the VOC content limitation prescribed in

252:100-39-46(d) has been expressly approved by the Executive Director and the EPA

Administrator. Upon approval of a plan, any emissions in excess of those established for each

facility under the plan shall be a violation of these rules.

(k) Compliance, testing, and monitoring requirements.

(1) The Division Director may require at the expense of the owner or operator a demonstration

of compliance with the emission limits using EPA Methods 24, 24A, 1-4, 25, 25A, 25B in 40

CFR 60.444 or EPA Document 450/3-84-019. At a minimum, such test must show that the

overall capture efficiency and destruction efficiency are equal to 85 percent (e.g., 90 percent

capture efficiency multiplied by 95 percent destruction efficiency equals 85.5 percent system

efficiency). The one hour bake option in Method 24 is required when doing compliance testing.

(2) Testing for plant-wide emission plans shall be conducted at the expense of the owner or

operator to demonstrate compliancewith the VOC content limits contained in 252:100-39-46(d).

(3) Monitoring shall be required of any owner or operator subject to this Section who uses addon control equipment for compliance. Such monitoring shall include installation and

maintenance of monitors to accuratelymeasure and record operational parameters of all required

control devices to ensure the proper functioning of those devices in accordance with design

specifications, including:

(A) the exhaust temperature of direct flame incinerators and/or gas temperature

immediately upstream and downstream of any catalyst bed;

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(B) the total amount of VOCs recovered by carbon adsorption or other VOC recovery

system during a calendar month; and,

(C) the dates and reasons for any maintenance and repair of the required control devices

and the estimated quantity and duration of emissions during such activities;

(l) Reporting and recordkeeping.

(1) The owner or operator of a facility subject to this Section shall submit to the Division

Director upon written request reports detailing specific VOC sources; the quantity of coatings

used for a specific time period, VOC content of each coating; capture and control efficiencies;

and any other information pertinent to the calculation of VOC emissions. The data necessary to

supply the requested information shall be retained by the owner or operator for a minimum of

two years.

(2) The owner or operator of a facility subject to this Section shall maintain records of any

testing conducted at an affected facility in accordance with the provisions specified in 252:100-

39-46(k), as well as all other records, for at least two years. These records shall be available to

representatives of the DEQ upon request.

(m) Compliance date. The date of compliance with the requirements of this Section is

December 31, 1990.

252:100-39-47. Control of VOC emissions from aerospace industries coatings operations

(a) Applicability.

(1) Except as noted in OAC 252:100-39-47(a)(2) and (3), this Section applies to existing or new

aerospace vehicle and component coating operations at aerospace manufacturing, rework, or

repair facilities located in Tulsa County that have the potential to emit 10 TPY or more of VOC

from coating operations. For purposes of this Section, coating operations include associated

cleaning operations as specified in OAC 252:100-39-47(d)(4) and surface preparation.

(2) This Section does not apply to manufacturing, rework, or repair operations involving space

vehicles or rework or repair operations performed on antique aerospace vehicles or components.

(3) This Section does not apply to the following activities: research and development, quality

control, laboratory testing, and electronic parts and assemblies (except for cleaning and coating

of completed assemblies).

(b) References to 40 CFR. References to the aerospace NESHAP 40 CFR 63 subpart GG refers

to that subpart as it existed on July 1, 2001.

(c) Definitions. The following words and terms, when used in this Section, shall have the following

meaning, unless the context clearlyindicates otherwise. Additional definitions for terms used in this

Section are found in § 63.742 and Appendix A of the aerospace NESHAP 40 CFR 63 subpart GG,

which is adopted by reference in OAC 252:100-41-15(b).

(1) "Alternate reasonably available control technology (ARACT)" means the lowest

emission limit that a particular source is capable of meeting by the application of control

technology that is reasonably available considering technological and economic feasibility as

determined on a case-by-case basis.

(2) "Chemical milling maskant" means a coating that is applied directly to aluminum

components to protect surface areas when chemical milling the component with a Type I or II

etchant. Type I chemical milling maskants are used with a Type I etchant and Type II chemical

milling maskants are used with a Type II etchant. This definition does not include bonding

maskants, critical use and line sealer maskants, and seal coat maskants. Additionally, maskants

that must be used with a combination of Type I or II etchants and any of the above types of

maskants (i.e., bonding, critical use and line sealer, and seal coat) are not included. Maskants

that are defined as specialty coatings are not included under this definition.

(3) "Operating parameter value" means a minimum or maximum value established for a

control equipment or process parameter that, if achieved by itself or in combination with one or

more other operating parameter values, determines that an owner or operator has continued to

comply with an applicable emission limitation.

(4) "Reasonably available control technology" or "RACT" means control technology that

is reasonably available considering technological and economic feasibility and the need to

impose such controls to attain and maintain a National Ambient Air Quality Standard.

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(5) "Specialty coating" means a coating that, even though it meets the definition of a primer,

topcoat, or self-priming topcoat, has additional performance criteria beyond those of primers,

topcoats, and self-priming topcoats for specific applications. These performance criteria may

include, but are not limited to, temperature or fire resistance, substrate compatibility,

antireflection, temporary protection or marking, sealing, adhesively joining substrates, or

enhanced corrosion protection.

(d) Standards and requirements.

(1) VOC content of coatings.

(A) VOC content limits for specialty coatings.

(i) No specialty coatings that contain VOC in excess of the limits specified in Appendix

N of this Chapter shall be applied to aerospace vehicles or components. The VOC

content of specialty coatings shall include any VOC-containing materials added to the

original coating supplied by the manufacturer.

(ii) The VOC content limits listed in Appendix N of this Chapter do not apply to touchup, aerosol, and DOD "classified" coatings.

(B) VOC content limits for primers and topcoats. Each coating operation utilizing

primers and topcoats (including self-priming topcoats) that are not specialty coatings listed

in Appendix N of this Chapter, shall comply with the VOC content limits contained in §

63.745(c)(2) and (c)(4) of the aerospace NESHAP 40 CFR 63, subpart GG.

(C) VOC content limits for chemical milling maskants. Each chemical milling

maskant operation utilizing chemical milling maskants (Type I/II) that are not specialty

coatings listed in Appendix N of this Chapter, shall comply with the VOC content limits

contained in § 63.747(c)(2) and the exemptions in § 63,747(c)(3) of the aerospace NESHAP

40 CFR 63 subpart GG.

(D) Exemption of low volume coating usage. The requirements of OAC 252:100-39-

47(d)(1) do not apply to the use of primers, topcoats, chemical milling maskants, and

specialty coatings for which the annual total of each separate formulation used at the facility

does not exceed 50 gal and the combined annual total of all such primers, topcoats, chemical

milling maskants, and specialty coatings used at the facility does not exceed 200 gal. 

Primers, topcoats, and chemical milling maskants exempt under OAC 252:100-39-47(a) are

not included in the 50 and 200 gal limits.

(E) Compliance determination.

(i) Coatings used at facilities subject to this Section shall be deemed in compliancewhen

the VOC content of these coatings comply with the requirements of OAC 252:100-39-

47(d)(1).

(ii) For purposes of determining compliancewith emission limits, VOC will be measured

by the approved test methods. Where such a method also inadvertently measures

compounds that are exempt solvents, an owner or operator may exclude these exempt

solvents when determining compliance with an emission standard.

(2) Application equipment.

(A) Each primer or topcoat application operation subject to this Section shall complywith

the requirements and exemptionsspecified in § 63.745(f) of the aerospace NESHAP 40 CFR

63 subpart GG.

(B) Specialtycoatings are not subject to the equipment requirements of OAC 252:100-39-

47(d)(2)(A).

(3) Control equipment.

(A) Control equipment efficiency. Each owner or operator may comply with the

provisions of OAC 252:100-39-47(d)(1) by using approved air pollution control equipment

provided that the control equipment has a combined VOC emissions capture and control

equipment efficiency of 81% or greater by weight.

(B) Exemption. Except for specialty coatings, any primer or topcoat operation that

complies with the control requirements in § 63.745(d) or any chemical milling maskant

operation that complies with the control requirements of § 63.747(d) of the aerospace

NESHAP 40 CFR 63 subpart GG is deemed to be in compliance with the requirements of

OAC 252:100-39-47(d)(3).

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(C) Compliance determination. When control equipment is used to comply with the

coating standards in OAC 252:100-39-47(d)(1), compliance shall be determined in

accordance with § 63.749(d) and (h) of the aerospace NESHAP 40 CFR 63 subpart GG.

(4) Housekeeping measures and solvent cleaning operations.

(A) Housekeeping measures and solvent cleaning operations (hand-wipe cleaning, spray

gun cleaning, and flush cleaning)subject to this Section shall comply with the requirements

and exemptions contained in § 63.744 of the aerospace NESHAP 40 CFR 63, subpart GG.

(B) Housekeepingmeasures and solvent cleaning operations subject toOAC 252:100-39-

47(d)(4)(A)shall be considered in compliancewith subparagraph (A) when the requirements

in § 63.749(c) of the aerospace NESHAP 40 CFR 63 subpart GG are met.

(5) General standards. The handling and transfer of primers, topcoats, and chemical milling

maskants to or from containers, tanks, vats, vessels, and piping systems shall be handled in a

manner that minimizes spills.

(e) Monitoring.

(1) Each owner or operator who chooses to comply with the VOC content limits of OAC

252:100-39-47(d)(1)(A), (B), and /or (C) byusing approved air pollution control equipment shall

submit a monitoring plan that specifies the applicable operating parameter value, or range of

values, to ensure ongoing compliance with OAC 252:100-39-47(d)(3) of this Section. The

monitoring device shall be installed, calibrated, operated, and maintained in accordance with the

manufacturer's specifications.

(2) Each owner or operator using an enclosed spray gun cleaner shall visually inspect the seals

and all other potential sources of leaks at least once per month. Each inspection shall occur

while the spray gun cleaner is in operation.

(3) Except for specialty coatings, any source that complies with the monitoring requirements of

§ 63.751 of the aerospace NESHAP 40 CFR 63 subpart GG is deemed to be in compliance with

the requirements of OAC 252:100-39-47(e).

(f) Recordkeeping requirements.

(1) Coating operations.

(A) Each owner or operator of primer and topcoat application operations or chemical

milling maskant application operations shall comply with the recordkeeping requirements

of § 63.752 of the aerospace NESHAP 40 CFR 63 subpart GG as appropriate.

(B) Each owner or operator of coating operations using specialty coatings listed in

Appendix N of this Chapter shall comply with the following recordkeeping requirements.

(i) They shall maintain a current list of coatings in use showing category and as-applied

VOC content of each coating.

(ii) They shall record coating usage on an annual basis. Methods used may include, but

are not limited to, inventory records.

(2) Cleaning operations. Each owner or operator subject to the solvent cleaning operation

requirements in OAC 252:100-39-47(d)(4) shall:

(A) for hand-wipe cleaning operations keep the records required by § 63.752(b)(2), (3),

and/or (4) of the aerospace NESHAP 40 CFR 63 subpart GG as appropriate;

(B) for enclosed spray gun cleaning operations keep the records required by §

63.752(b)(5) of the aerospace NESHAP 40 CFR 63 subpart GG.

(3) Control equipment. Each owner or operator using control equipment under OAC 252:100-

39-47(d)(3) shall record monitoring parameters as specified in the monitoring plan required

under OAC 252:100-39-47(e)(1).

(4) Exemptions. Except for specialty coatings listed in Appendix N of this Chapter, any source

that complies with the recordkeeping requirements of § 63.752 of the aerospace NESHAP, 40

CFR 63 subpart GG is deemed to be in compliance with the requirements of OAC 252:100-39-

47(f).

(g) Test methods.

(1) Coatings which are not waterborne (water-reducible). For coatings which are not

waterborne, determine the VOC content of each formulation (less water and less exempt

solvents) as applied using manufacturer's supplied data or Method 24 of 40 CFR 60, Appendix

A. If there is a discrepancy between the manufacturer's formulation data and the results of the

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Method 24 analysis, compliance shall be based on the results from the Method 24 analysis.

(2) Waterborne (water-reducible) coatings. Forwaterborne coatings,manufacturer'ssupplied

data alone can be used to determine the VOC content of each formulation.

(3) Cleaning solvents. Solvent composition and vapor pressure for cleaning solvents used in

hand-wipe cleaning operations subject to OAC 252:100-39-47(d)(4)(A) shall be determined as

specified in § 63.750(a) and (b) of the aerospace NESHAP 40 CFR 63 subpart GG.

(4) Control equipment. Measurements of VOC emissions from control equipment as allowed

by OAC 252:100-39-47(d)(3) shall be conducted in accordance with EPA Methods 18, 25,

and/or 25A of 40 CFR 60, Appendix A.

(5) Exemptions. Except for specialty coatings, any source that complies with the test method

requirements of § 63.750 of the aerospace NESHAP 40 CFR 63 subpart GG is deemed to be in

compliance with the requirements of this subsection.

(h) Compliance date.

(1) The requirements of this Section shall be considered RACT for control of VOC emissions

from vehicle and component coating operations at aerospace manufacturing, rework, or repair

facilities in Tulsa County upon the effective date of this revision. New or modified sources shall

be in compliance upon start-up.

(2) Except for specialty coatings, any source that complies with the compliance dates and

determinations of § 63.749 of the aerospace NESHAP, 40 CFR 63 subpart GG is deemed to be

in compliance with the requirements of OAC 252:100-39-47(h).

(3) Owners or operators of facilities with specialtycoatings that are compliant under the ARACT

plan, but are not compliant with the VOC content limits contained in Appendix N of this Chapter

will have six (6) months from the effective date of this revision to find an alternate coating or

install controls. Owners or operators of such facilities shall notify the DEQ in writing of any

such noncompliant specialty coatings within 90 days of the effective date of this revision. This

notification shall include a list of the noncompliant specialty coatings, the VOC content of each

coating, and the quantity of each coating used per month and per year.

(i) Revocation of ARACT plans. Existing ARACT plans for aerospace facilities located in Tulsa

County shall become null and void upon the effective date of this revision.

252:100-39-48. Vapor recovery systems [REVOKED]

252:100-39-49. Manufacturing of fiberglass reinforced plastic products

(a) Applicability.

(1) This Section applies to any process gas stream with actual VOC emissions that exceed six

tons per year based on 6,240 hours of operation per year.

(2) Once the limit in 242:100-39-49(a)(1)is exceeded, the controls required in 252:100-39-49(b)

must be put in place and maintained and used at any operating level.

(b) Standards. Affected facilities shall limit emissions of VOC from fiberglass manufacturing by

use of control equipment which can demonstrate an 85 percent reduction in the VOC released from

each process stream (e.g. 90 percent capture efficiency multiplied by 95 percent destruction

efficiency equals 85.5 percent system efficiency).

(c) Compliance. All affected facilities must comply with one of the following.

(1) Meet the requirements of 252:100-39-49(b) by February 13, 1991.

(2) Have an approved plan for the reduction of VOC emissions as required by 252:100-39-49(b)

by February 13, 1991.

(A) The plan shall be submitted by August 13, 1990, and shall:

(i) detail those emissions which will be controlled;

(ii) detail the means by which control will be achieved; and,

(iii) demonstrate that compliance will be achieved by February 13, 1992.

(B) The Air Quality Council shall have approval authority for the plans.

(C) All approved plans shall be submitted to the EPA as SIP revisions.

(d) Demonstration of compliance.

(1) The Division Director may require at the expense of the owner or operator a demonstration

of compliance with the requirements of 252:100-39-49(b).

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(2) The testing shall be accomplished using the appropriate EPA test method or methods. These

include methods 1-4, 18-25, 25A, 25B and 40 CFR 60.444.

(3) Initial compliance testing shall be accomplished within 180 days of the applicable

compliance date.

(4) Testing for the emissions plan described in 252:100-39-49(c)(2) shall be conducted at the

expense of the owner or operator at his expense and shall demonstrate compliance with the

emission limits contained in the approved plan.

(e) Recordkeeping.

(1) The owner or operator of a facility subject to this Section shall submit to the Division

Director upon written request, reports that include:

(A) details of specific VOC sources;

(B) the quantity of VOC used during specific months;

(C) a description of the VOC used;

(D) control equipment efficiencies;

(E) details of maintenance performed on all control equipment;

(F) equipment downtime; and,

(G) anyother information pertinent to the calculation of VOC emissions from the facility.

(2) The records required in 252:100-39-49(e)(1) shall be maintained by the source for at least

two years. [252:100-390-49, Effective February 12, 1990]

SUBCHAPTER 40. CONTROL OF EMISSION OF FRIABLE ASBESTOS DURING

DEMOLITION AND RENOVATION OPERATIONS

Section

252:100-40-1. Purpose

252:100-40-2. [RESERVED]

252:100-40-3. Definitions

252:100-40-4. [RESERVED]

252:100-40-5. Additional provisions for handling, storing, and transporting of friable asbestos

during demolition or renovation operations

252:100-40-1. Purpose

The purpose of this Subchapter is to control the release of friable asbestos to the ambient air

during demolition and renovation operations.

252:100-40-2. [RESERVED]

252:100-40-3. Definitions

See 40 CFR 61.141.

252:100-40-4. [RESERVED]

252:100-40-5. Additional provisions for handling, storing, and transporting of friable asbestos

during demolition or renovation operations

In addition to the requirements set forth for the handling of asbestos found in 40 CFR Part 61,

Subpart M, the following provisions shall also apply to owners, operators and other persons.

(1) Before being handled, stored or transported in or to the outside air, friable asbestos from

demolition/renovation operations shall be:

(A) wetted,

(B) double bagged in six-mil plastic bags, or,

(C) single bagged in one six-mil plastic bag and placed in a disposable drum, or,

(D) contained in any other manner approved in advance, by the Division Director.

(2) When demolition/renovation operations must, of necessity take place in the outdoor air,

friable asbestos removed in such operations shall be immediately bagged or contained in

accordance with paragraph (1) of this Section.

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(3) Friable asbestos materials used on pipes or other outdoor structures shall not be allowed to

weather or deteriorate and become exposed to, or dispersed in the outside air.

(4) Friable asbestos materials shall, in addition to other provisions concerning disposal, be

disposed of in a facility approved for asbestos by the Oklahoma Department of Environmental

Quality, Land Protection Division.

SUBCHAPTER 41. CONTROL OF EMISSION OF HAZARDOUS AIR POLLUTANTS

AND TOXIC AIR CONTAMINANTS [REVOKED]

PART 1. GENERAL PROVISIONS [REVOKED]

Section

252:100-41-1. Purpose [REVOKED]

252:100-41-1.1. Supersession by Subchapter 42 [REVOKED]

252:100-41-2. Definitions [REVOKED]

PART 3. HAZARDOUS AIR POLLUTANTS [REVOKED]

252:100-41-13. Purpose [REVOKED]

252:100-41-14. Reference to 40 CFR [REVOKED]

252:100-41-15. National emission standardsfor hazardous air pollutants(NESHAP)[REVOKED]

252:100-41-16. Asbestos [REVOKED]

PART 5. TOXIC AIR CONTAMINANTS [REVOKED]

252:100-41-35. Applicability [REVOKED]

252:100-41-36. General prohibitions; scope [REVOKED]

252:100-41-37. New sources [REVOKED]

252:100-41-38. Existing sources [REVOKED]

252:100-41-39. Area sources [REVOKED]

252:100-41-40. Maximum acceptable ambient concentrations (MAAC) [REVOKED]

252:100-41-41. Emissions inventories[REVOKED]

252:100-41-42. Compliance requirements [REVOKED]

252:100-41-43. Exemptions [REVOKED]

252:100-41-44. Compliance date [REVOKED]

PART 1. GENERAL PROVISIONS [REVOKED]

252:100-41-1. Purpose [REVOKED]

252:100-41-1.1. Supersession by Subchapter 42 [REVOKED]

252:100-41-2. Definitions [REVOKED]

PART 3. HAZARDOUS AIR POLLUTANTS [REVOKED]

252:100-41-13. Purpose [REVOKED]

252:100-41-14. Reference to 40 CFR [REVOKED]

252:100-41-15. National emission standards for hazardous air pollutants (NESHAP)

[REVOKED]

252:100-41-16. Asbestos [REVOKED]

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PART 5. TOXIC AIR CONTAMINANTS [REVOKED]

252:100-41-35. Applicability [REVOKED]

252:100-41-36. General prohibition; scope [REVOKED]

252:100-41-37. New sources [REVOKED]

252:100-41-38. Existing sources [REVOKED]

252:100-41-39. Area sources [REVOKED]

252:100-41-40. Maximum acceptable ambient concentrations (MAAC) [REVOKED]

252:100-41-41. Emissions inventories [REVOKED]

252:100-41-42. Compliance requirements [REVOKED]

252:100-41-43. Exemptions [REVOKED]

252:100-41-44. Compliance date [REVOKED]

SUBCHAPTER 42. CONTROL OF TOXIC AIR CONTAMINANTS

PART 1. GENERAL PROVISIONS

Section

252:100-42-1. Purpose

252:100-42-1.1 Supersession of Subchapter 41

252:100-42-2. Definitions

252:100-42-3. Applicability

252:100-42-4. Existing air pollution control requirements

PART 3. STANDARDS

Section

252:100-42-20. TAC MAAC

PART 5. TAC MAAC EXCEEDANCE

Section

252:100-42-30. Areas of concern

252:100-42-31. AOC Compliance strategies

252:100-42-32. Redesignation

PART 1. GENERAL PROVISIONS

252:100-42-1. Purpose

The purpose of this Subchapter is to protect the public and the environment from the potentially

harmful effects of toxic air contaminants (TAC) that are emitted into the ambient air.

252:100-42-1.1. Supersession of Subchapter 41

All parts of OAC 252:100-41, with the exception of Part 3, shall be superseded by this

Subchapter.

252:100-42-2. Definitions

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The following words and terms when used in this Subchaptershall have the following meanings

unless the context clearly indicates otherwise.

"Area of concern" or "AOC" means a geographic area in Oklahoma designated as having

exceeded a TAC maximum acceptable ambient concentration (MAAC).

"Emissions unit" means, for the purposes of this Subchapter, any part of a stationary source

which emits a TAC.

"Malfunction" means any sudden, infrequent, and not reasonably preventable failure of air

pollution control equipment, process equipment, or a process to operate in a normal or usual manner. 

Failures that are caused in part by poor maintenance or careless operation are not malfunctions.

"Maximum acceptable ambient concentration" or "MAAC" means the action levels and

averaging times contained in Appendix O of this Chapter for TAC.

"Toxic air contaminant" or "TAC" means any substance listed in Appendix O of this Chapter.

252:100-42-3. Applicability

This Subchapter applies to stationary sources that emit any TAC.

252:100-42-4. Existing air pollution control requirements

Any work practice, material substitution, or control equipment required by the Department prior

to June 11, 2004, to control a TAC, shall be retained, unless a modification is approved by the

Director.

PART 3. STANDARDS

252:100-42-20. TAC MAAC

(a) TAC MAAC. The TAC MAAC list is located in Appendix O of this Chapter.

(b) Protocol for creating and modifying the TAC MAAC list.

(1) The Director may recommend substances to be added to the TAC MAAC list subject to the

applicability of all of the following:

(A) toxicity of the substance;

(B) availability of methods for monitoring the ambient air concentration of the substance

at the levels deemed to be acceptable for human health;

(C) quantity of the substance emitted in Oklahoma; and

(D) information indicating that anthropogenic emissions of the substance cause ambient

air concentration levels to exceed those that have been determined to be acceptable based on

health risks.

(2) The Director may recommend a substance be removed from the TAC MAAC list if the

substance does not meet one of the criteria listed in subparagraphs 42-20(b)(1)(A) through (D).

(c) Rulemaking requirements for TAC MAAC. Adoption and modification of the TAC MAAC

list will be in accordance with the rulemaking procedures of the Department.

PART 5. TAC MAAC EXCEEDANCE

252:100-42-30. Areas of concern

(a) Designation.

(1) Proposed AOC.

(A) The Director maypropose designation of an Area of Concern (AOC) for a TAC when

it is demonstrated by monitoring that the MAAC for that TAC is exceeded in such a way as

to endanger the public health.

(B) Excess emissions caused by malfunction shall not form the basis for an AOC

designation.

(2) AOC boundaries.

(A) The boundaries of the AOC will be determined by monitoring, modeling, or other

means approved by the Director.

(B) The impact of TAC emissions from stationary, mobile, and biogenic sources shall be

considered in determining the boundaries for an AOC.

168
(3) Monitoring and modeling.

(A) AOC and boundaries. Monitoring and modeling for the proposed AOC and its

boundaries will be performed by the Department in accordance with the requirements of 42-

30(a)(3)(D)(i) and (ii); however, the Department will accept monitoring and modeling from

other sources if such monitoring and modeling meet the requirements of 42-30(a)(3)(D)(i)

and (ii), respectively.

(B) Decision to monitor. The decision to monitor for TAC MAAC exceedance in an

area will be based on but not limited to:

(i) complaints received from the public;

(ii) information collected during compliance evaluations;

(iii) emission inventory data; or

(iv) EPA reports.

(C) Monitoring sites. Monitors for TAC shall only be placed in areas where human

health may be endangered by emissions of TAC.

(D) Acceptable monitoring and modeling methods.

(i) Risk assessment and monitoring.

(I) All risk assessment and monitoring methods used bythe Department for purposes

of this Subchapter shall be consistent with those in Volumes 1 and 2 of the United

States Environmental Protection Agency Air Toxics Risk Assessment (ATRA)

Reference Library, April 2004; documents referenced in ATRA; and State

requirements in OAC 252:100-43.

(II) The Department will analyze the data collected from each monitoring

location to determine the 95% upper confidence limit (95% UCL) for the mean

ambient concentration for each TAC/monitor combination. The 95% UCL will be

determined using at least 10 samples taken over a period of at least 30 days and will

be the concentration used for comparison with the TAC MAAC action level for each

monitoring location.

(ii) Modeling.

(I) All applications of air quality modeling shall be based on the applicable models,

databases, and other requirements specified in appendix W of 40 CFR Part 51

Guideline on Air Quality Models and in OAC 252:100-8-35(e).

(II) Where an air quality model specified in appendix W of 40 CFR Part 51

Guideline on Air Quality Models is inappropriate, the model may be modified or

another substituted. Such modification or substitution will be considered on a caseby-case basis. When modeling is performed by owners or operators of stationary

sources, written approval of the Director must be obtained for any modification or

substitution.

(4) Final designation. The Director shall not make a final designation of an AOC until at least

30 days following the public meeting held pursuant to subsection 42-30(c) below.

(b) Public notification. At least 30 days prior to the public meeting set forth in subsection 42-30(c)

below, the Department shall publish notice of the boundaries and the availability of information

associated with the proposed AOC.

(1) The notice shall be published on the Department website, in two newspapers circulated

statewide, and in one newspaper local to the AOC.

(2) The notice shall identify locations where information may be reviewed.

(3) The notice shall include the date, time, and place for the public meeting on the proposed

designation.

(4) The notice shall identify the process by which written comments regarding the proposed

designation may be submitted to the Department.

(c) Public meeting. The Department shall schedule and hold a public meeting. Any local

community meeting to be held on the proposed designation may be combined with the public

meeting authorized by this Section.

252:100-42-31. AOC Compliance strategies

(a) Applicability. Following final designation of an AOC by the Director, the Department shall

169
determine AOC Compliance Strategies to bring the AOC into compliance with the TAC MAAC. 

AOC Compliance Strategies developed by the Department shall apply to any stationary source or

emissions unit that:

(1) impacts an AOC; 

(2) emits the TAC for which the AOC was designated; and

(3) is not subject to a final emission standard, work practice, or other requirement to control

emissions of a TAC promulgated under Sections 112(d) or 129 of the Federal Clean Air Act,

OAC 252:100-17, Parts 5, 7, and 9, or required by a Consent Order or Decree issued by the

Department or another regulatory agency.

(b) AOC Compliance Strategy development.

(1) General requirements. After making a final designation of an AOC, the Department shall

prepare a compliance strategy for the AOC. In developing an AOC Compliance Strategy the

Department shall:

(A) take into consideration what portion of the pollutant load is attributable to stationary

sources versus that attributable to mobile sources, non-road sources, and biogenic sources;

(B) determine de minimis emission levels if appropriate for a particular TAC and a

particular AOC; and

(C) advise, consult and cooperate with other agencies of the State, towns, cities, and

counties, industries, other states and the federal government, and with affected groups in

bringing the AOC into compliance.

(2) Additional rulemaking. Any new requirements or standards developed for an AOC

Compliance Strategy shall be developed in accordance with the rulemaking procedures of the

Department.

(3) Permit requirements. In accordance with 27A O.S., Section 2-5-112, the Department may

as part of an AOC Compliance Strategy:

(A) require owners or operators to obtain permits for facilities that emit the TAC, for

which the AOC was designated, in a concentration that causes or contributes to an off-site

violation of the TAC MAAC in an AOC designated for that TAC; or

(B) require owners or operators of such facilities to modifyany existing permit to include

the TAC MAAC and any control measures required by paragraph 42-31(b)(4).

(4) Control measures. The availability, feasibility, and cost of any control measures, work

practice standards, control equipment requirements, material substitution requirements, or stack

emissions standards shall be considered in developing the AOC Compliance Strategy.

(5) On-site emissions. Owners or operators of facilities located in an AOC shall not be required

to demonstrate compliance with the TAC MAAC within the boundaries of their facilities.

(6) Monitoring and modeling requirements. As an AOC Compliance Strategy, the

Department mayrequire owners or operators of applicable stationarysources to perform ambient

air monitoring and/or modeling for the TAC of concern. Such ambient air monitoring and

modeling shall be performed using the references and requirements in 42-30(a)(3)(D)(i) and (ii).

(c) Public notification. Following final designation of an AOC, the Department shall publish a

report outlining the compliance strategy developed to bring the AOC into compliance with the TAC

MAAC.

252:100-42-32. Re-designation

(a) Re-designation. TheDirector shall re-designate an AOC as in compliancewith the TAC MAAC

when compliance is demonstrated through monitoring and/or modeling.

(b) Public notice. Following the re-designation of an AOC, the Department shall notify the public

pursuant to paragraph 42-30(b)(1).

SUBCHAPTER 43. TESTING, MONITORING AND RECORDKEEPING

PART 1. GENERAL PROVISIONS

Section

252:100-43-1. Purpose

170
252:100-43-1.1. Definitions

252:100-43-1.2. Applicability

252:100-43-2. Testing and monitoring

252:100-43-3. Requirement to test

252:100-43-4. Monitoring required

252:100-43-5. Acceptable methods

252:100-43-6. Credible evidence

252:100-43-7. Records and reports required

PART 3. SPECIFIC METHODS [REVOKED]

252:100-43-15. Gasoline vapor leak detection procedure by combustible gas detector

[AMENDED AND RENUMBERED TO 252:100-39-41.1]

PART 1. GENERAL PROVISIONS

252:100-43-1. Purpose

The purpose of this Subchapter is to provide general requirements for testing, monitoring and

recordkeeping.

252:100-43-1.1. Definitions

The following words and terms, when used in this Subchaptershall have the following meaning:

"Method" means a formalized program for the measurement, analysis, and reporting of the

physical and chemical properties of a process.

"Monitoring" means any form of collecting data on a routine basis to determine or otherwise

assess compliance with emission limitations or standards. Recordkeeping may be considered

monitoring where such records are used to determine or assess compliance with an emission

limitation or standard (such as records of raw material content and usage, or records documenting

compliance with work practice requirements). Monitoring may include one or more than one of the

following data collection techniques, where appropriate for a particular circumstance:

(A) Continuous emission or opacity monitoring systems.

(B) Continuous process, capture system, control device or other relevant parameter

monitoring systems or procedures, including a predictive emission monitoring system.

(C) Emission estimation and calculation procedures (e.g., mass balance or stoichiometric

calculations).

(D) Maintenance and analysis of records of fuel or raw materials usage

(E) Recording results of a program to conduct specific operation and maintenance

procedures.

(F) Verification of emissions, process parameters, capture system parameters, or control

device parameters using portable or in situ measurement devices.

(G) Visible emission observations.

(H) Any other form of measuring, recording, or verifying on a routine basis emissions,

process parameters, capture system parameters, control device parameters or other factors

relevant to assessing compliance with emission limitations or standards.

"Test" means the collection of data resulting from the execution of a method.

252:100-43-1.2. Applicability

Requirements of this Subchapter apply to any testing, monitoring or recordkeeping activity,

including permits, compliance, performance tests and enforcement, conducted at any stationary

source. When other applicable federal and state requirements are more stringent than those of this

Subchapter, then the more stringent requirements shall apply. Upon written request, the Director

will make a determination whether any other applicable federal or state regulation is more stringent

than those of this Subchapter.

252:100-43-2. Testing and monitoring

171
All testing and monitoring shall be conducted in accordance with the methods described in this

Subchapter. All tests shall be made under the direction of a person qualified by training and/or

experience in the appropriate field of air pollution control. The data from any required testing or

monitoring not conducted in accordance with the provisions of this Subchapter shall not be

considered valid by the Director.

252:100-43-3. Requirement to test

(a) The Director may, at his or her discretion, conduct tests, including stack test, of any air

contaminant source within the state of Oklahoma. Upon the written request of the Director, the

owner or operator of the source to be tested shall provide all necessary sampling and testing

facilities, exclusive of instruments and sensing devices, as may be deemed necessary by the Director

for the completion of the test and the safety of the testing personnel.

(b) The Director may require the owner or operator of a source to conduct test(s) at the owner or

operator's expense:

(1) when required by a federal regulation,

(2) as part of an administrative order,

(3) as part of a compliance plan,

(4) before the issuance of an operating permit,

(5) as part of an operating permit,

(6) to verify compliance with any emission standard or permitted emission limit, or 

(7) to prepare or verify an emission inventory.

(c) The operator of a source required to conduct an EPA Reference Method stack test bythe Director

shall submit a written pre-test plan for the Director's approval thirty (30) calendar days prior to the

test or provide information for a pre-test plan in the event the Director elects to perform the test.

(d) The owner or operator of a source required to perform an EPA Reference Method stack test shall

notify the Director in writing thirty (30) calendar days prior to the planned date of the test to provide

an opportunity for DEQ personnel to observe the test.

252:100-43-4. Monitoring required

To determine compliance with emissions limitations or standards the Director may require the

owner or operator of any source in the state of Oklahoma to install, maintain and operate monitoring

equipment in compliance with any methods the Director shall specify.

252:100-43-5. Acceptable methods

Acceptable methods include, as applicable, methods required byrule or permit, ASTM methods,

and methods contained in 40 CFR parts 51, 60, 61 and 75. The owner or operator may modify an

acceptable method or use an alternate method, if the owner or operator can demonstrate to the

satisfaction of the Director that:

(1) the proposed modification or alternative method is necessary;

(2) the results of the proposed modification or alternative method will be at least as accurate as

the unmodified method for the purpose intended; and

(3) such modification or alternative method is allowed by any applicable federal rule.

252:100-43-6. Credible evidence

For the purpose of submitting compliance certifications or establishing whether or not a person

has violated or is in violation of any provision of the Oklahoma implementation plan, nothing shall

preclude the use, including the exclusive use, of any credible evidence or information, relevant to

whether a source would have been in compliance with applicable requirements if the appropriate

performance or compliance test or procedure had been performed.

252:100-43-7. Records and reports required

(a) The Director may require the owner or operator of a source to record and maintain records on

emissions and other data to demonstrate compliance with any federal or state emission limit or

standard, or any requirement set forth in a valid permit. Required records shall be maintained in a

readily viewable format or medium, and kept on-site or at a location approved by the Director for

a period of not less than two years from the day of recording. Said records shall be made available

172
for inspection upon the request of DEQ personnel.

(b) Reports required by the Director shall be recorded and submitted on forms provided by, or

described by, the Director. Unless different units of measure or procedure are prescribed by the

Director, or by an applicable rule or permit requirement, the units of measure and procedures

described in paragraphs (1) through (5) of this subsection shall be used for any report required by

the Director.

(1) Emissions of particulate matter shall be recorded and reported in:

(A) pounds per hour,

(B) pounds per hour as related to the process weight rate,

(C) pounds per 100 pounds of refuse charged in incinerators, and

(D) tons per year.

(2) Emissions of sulfur dioxide shall be recorded and reported in:

(A) pounds per hour,

(B) pounds per million BTU heat input for fuel-burning equipment, and

(C) tons per year.

(3) Emissions of oxides of nitrogen shall be recorded and reported in:

(A) pounds per hour,

(B) pounds per million BTU heat input for fuel burning equipment,

(C) pounds per million drystandard cubic foot for fuel-burning equipment using gas fuel,

and

(D) tons per year.

(4) Visible emissions monitored by instrumentation shall be measured continuously and records

kept indicating total minutes per day in which stack discharge effluent exceeds 20 percent

opacity and a rolling six (6) minute average opacity.

(5) The sulfur content of fuels, as burned, shall be recorded and reported in:

(A) grains per dry standard cubic foot for gas fuel,

(B) grains per gallon for liquid fuel, and

(C) percent by weight for solid fuel.

PART 3. SPECIFIC METHODS [REVOKED]

252:100-43-15. Gasoline vapor leak detection procedure by combustible gas detector

[AMENDED AND RENUMBERED TO 252:100-39-41.1]

SUBCHAPTER 45. MONITORING OF EMISSIONS [REVOKED]

Section

252:100-45-1. Purpose [REVOKED]

252:100-45-2. Monitoring equipment required [AMENDED AND RENUMBERED TO

252:100-43-4]

252:100-45-3. Records required [AMENDED AND RENUMBERED TO 252:100-43-7]

252:100-45-4. Compliance certifications [REVOKED]

252:100-45-5. Enforceabiilty [REVOKED]

252:100-45-1. Purpose [REVOKED]

252:100-45-2. Monitoring equipment required [AMENDED AND RENUMBERED TO

252:100-43-4]

252:100-45-3. Records required [AMENDED AND RENUMBERED TO 252:100-43-7]

252:100-45-4. Compliance certifications [REVOKED]

Agency note: Amended and renumbered to OAC 252:100-43-6.

173
252:100-45-5. Enforceability [REVOKED]

Agency note: Amended and renumbered to OAC 252:100-43-6.

SUBCHAPTER 47. CONTROL OF EMISSIONS FROM EXISTING MUNICIPAL

SOLID WASTE LANDFILLS

Section

252:100-47-1. Purpose

252:100-47-2. Reference to 40 CFR

252:100-47-3. Definitions

252:100-47-4. Terminology related to 40 CFR

252:100-47-5. General provisions

252:100-47-6. Permits required

252:100-47-7. Emission standards

252:100-47-8. Operational standards for collection and control systems

252:100-47-9. Test methods and procedures

252:100-47-10. Compliance provisions

252:100-47-11. Monitoring of operations

252:100-47-12. Reporting requirements

252:100-47-13. Recordkeeping requirements

252:100-47-14. Specifications for active collection systems

252:100-47-1. Purpose

The purpose of this subchapter is to control emissions from existing municipal solid waste

landfills.

252:100-47-2. Reference to 40 CFR

When a provision of Title 40 of the Code of Federal Regulations (40 CFR) is incorporated by

reference, all citations contained therein are also incorporated by reference.

252:100-47-3. Definitions

(a) The definitions in 40 CFR 60.751 are hereby incorporated by reference as they exist on July 1,

2002.

(b) The following words and terms when used in this Subchapter, shall have the following meaning,

unless the context clearly indicates otherwise:

(1) "Existing municipal solid waste landfill" or "existing MSW landfill" means a municipal

solid waste landfill that commenced construction, modification, or reconstruction before May

30, 1991 and accepted waste after November 8, 1987.

(2) "StatePlan" means a program that the State is responsible for developing and implementing

to achieve compliance with the emission guidelines in Subpart Cc of 40 CFR Part 60.

252:100-47-4. Terminology related to 40 CFR

For purposes of interfacing with 40 CFR, the following terms apply:

(1) "Administrator" is synonymous with Executive Director.

(2) "EPA" is synonymous with the Department of Environmental Quality or DEQ.

(3) "State, local, or tribal agency" is synonymous with the DEQ.

252:100-47-5. General provisions

(a) Applicability. Except as provided in subparagraphs (1) and (2) of this paragraph, the provisions

of this Subchapter are applicable to all existing MSW landfills in the State of Oklahoma. This

Subchapter is also an applicable requirement for existing MSW landfill sites on the National

Priorities List in Appendix B of 40 CFR Part 300.

(1) Physical or operational changes made to an existing MSW landfill solely to comply with this

Subchapter are not considered a modification or reconstruction and would not subject an existing

174
MSW landfill to the requirements of 40 CFR Part 60, Subpart WWW (Standards of Performance

for Municipal Solid Waste Landfills).

(2) Remedial activities required by or conducted pursuant to state or federal law are not

considered construction, reconstruction, or modification for the purposes of this Subchapter.

(b) Exemptions. The DEQ, with EPA approval, may provide for the application of less stringent

emissions standards or longer compliance schedules than those otherwise required by this

Subchapter, provided that at least one of the circumstances listed below are applicable to the MSW

landfill:

(1) Unreasonable cost of control resulting from facility age, location, or basic design; or

(2) Physical impossibility of installing necessary control equipment; or

(3) Other factors specific to the facility that make pplication of a less stringent standard or final

compliance time significantly more reasonable.

252:100-47-6. Permits required

(a) Part 70 operating permits.

(1) The owner or operator of an existing MSW landfill with a design capacity less than 2.5

million megagrams or 2.5 million cubic meters is not required to obtain a Part 70 permit for the

landfill, unless the landfill is otherwise a Part 70 source.

(2) The owner or operator of an existing MSW landfill with a design capacity greater than or

equal to 2.5 million megagrams and 2.5 million cubic meters, that is not otherwise a Part 70

source, is subject to OAC 252:100-8 as a Part 70 source ninety (90) days after the effective date

of the state plan, even if the initial design capacity report was submitted earlier.

(3) When an existing MSW landfill is closed, the owner or operator is no longer subject to the

requirement to maintain a Part 70 permit for the landfill if the landfill is not otherwise subject

to the requirements of OAC 252:100-8 and if either of the following conditions is met:

(A) The landfill was never subject to the requirement for a control system under OAC

252:100-47-7.

(B) The owner or operator meets the conditions for control system removal specified in

OAC 252:100-47-7.

(b) Construction permits. The owner or operator of anyexisting MSW landfill that installs a MSW

landfill gas collection and control system is required to obtain a construction permit as provided by

OAC 252:100-7-15 or OAC 252:100-8-4. If the landfill has a design capacity of at least 2.5 million

cubic meters and 2.5millionmegagrams and an estimated nonmethane organic compounds (NMOC)

emission rate of at least 50 megagrams per year, calculated in accordance with Section 9 of this

Subchapter, the owner or operator of the MSW landfill shall also comply with the following

requirements:

(1) The application for a construction permit and the collection and control system design plan

shall be submitted to the DEQ within 12 months after the initial or any annual NMOC emissions

rate report indicates that the emission rate equals or exceeds 50 megagrams per year, unless site

specific sampling demonstrates that the emission rate is less than 50 megagrams per year.

(2) All contracts for installation of the emission control systems or for process modifications

shall be awarded and all orders for the purchase of component parts to accomplish emission

control or process modification shall be completed within 3 months of the submittal of the design

plan under paragraph (b)(1) of this section.

(3) The installation of the collection and control system shall commence within 3 months of the

awarding of contracts under paragraph (b)(2) of this section.

(4) The installation of the collection and control system shall be completed within 18 months

of the submittal of the design plan under paragraph (b)(1) of this section.

(5) Within 30 months of the first annual report in which the NMOC emission rate equals or

exceeds 50 megagrams per year, the MSW landfill shall be in compliance with paragraphs (b)(1)

through (b)(4) of this section.

252:100-47-7. Emission standards

An owner or operator of an existing MSW landfill shall comply with all provisions specified in

40 CFR 60.752, which is hereby incorporated by reference as it exists on July 1, 2002.

175
252:100-47-8. Operational standards for collection and control systems

An owner or operator of an existing MSW landfill shall comply with all provisions specified in

40 CFR 60.753, which is hereby incorporated by reference as it exists on July 1, 2002.

252:100-47-9. Test methods and procedures

An owner or operator of an existing MSW landfill shall comply with all provisions specified in

40 CFR 60.754, which is hereby incorporated by reference as it exists on July 1, 2002.

252:100-47-10. Compliance provisions

An owner or operator of an existing MSW landfill shall comply with all provisions specified in

40 CFR 60.755, which is hereby incorporated by reference as it exists on July 1, 2002.

252:100-47-11. Monitoring of operations

An owner or operator of an existing MSW landfill shall comply with all provisions specified in

40 CFR 60.756, which is hereby incorporated by reference as it exists on July 1, 2002.

252:100-47-12. Reporting requirements

(a) The owner or operator of an existing MSW landfill shall submit an initial design capacity report

to the DEQ within 90 days of the effective date of the State Plan.

(b) The owner or operator of an existing MSW landfill having a design capacity equal to or greater

than 2.5 million cubic meters and 2.5 million megagrams, shall submit an initial NMOC emission

rate report to the DEQ within 90 days of the effective date of the State Plan. Subsequent NMOC

emission rate reports shall be submitted annually thereafter, except as provided for in 40 CFR

60.757(b)(1)(ii) and (b)(3).

(c) The owner or operator of an existing MSW shall complywith the provisions specified in 40 CFR

60.757, except 60.757(a)(1) and (b)(1)(i), which is hereby incorporated by referenced as it appears

on July 1, 2002.

252:100-47-13. Recordkeeping requirements

An owner or operator of an existing MSW landfill shall comply with all provisions specified in

40 CFR 60.758, which is hereby incorporated by reference as it exists on July 1, 2002.

252:100-47-14. Specifications for active collection systems

An owner or operator of an existing MSW landfill shall comply with all provisions specified in

40 CFR 60.759, which is hereby incorporated by reference as it exists on July 1, 2002.

176
APPENDIX A.

ALLOWABLE PARTICULATE MATTER EMISSION RATE 

FOR INCINERATORS

The following information is for use only in conjunction with OAC 252:100-17-4.

The allowable particulate matter emission rate for incinerators with a capacity of 75 lb/hr or less is

0.10 pounds per hour of refuse charged, including any solid fuel, on an as-loaded basis.

The allowable particulate matter emission rate for incinerators with a capacity greater than 75 lb/hr

may be calculated using one of the following formulas, where Y equals the allowable particulate

matter emission rate in pounds per hour and X equals the refuse charged, including any solid fuel,

in pounds per hour on an as-loaded basis.

For incinerators with a capacity greater than 75 lb/hr but less than 100 lb/hr, the formula is:

Y = 9.213×10!11 X 4.818

For incinerators with a capacity of 100 lb/hr or more, the formula is:

Y = 1.221× 10!2 X 0.7577

1
APPENDIX B. ALLOWABLE EMISSIONS FOR INCINERATORS WITH CAPACITIES

LESS THAN 100 LB/HR [REVOKED]


APPENDIX C. ALLOWABLE PARTICULATE MATTER EMISSION RATES

FOR INDIRECTLY FIRED FUEL-BURNING UNITS

Maximum Heat Input In Allowable Total Particulate

Million British Thermal Matter Emissions In Pounds 

Units (MMBTU) Per Hour Per MMBTU

Less than or equal to 10 ..................................................................... 0.60

10,000 or more .................................................................................... 0.10

Allowable total particulate matter emissions for values of X greater than 10 MMBTU,

but less than 1,000 MMBTU may be calculated using the formula:

E = 1.0428080X-0.238561

Allowable total particulate matter emissions for values of X greater than or equal to

1,000 MMBTU, but less than 10,000 MMBTU may be calculated using the formula:

E = 1.60X-0.30103

Where:

E = allowable total particulate matter emissions in pounds per MMBTU and

X = the maximum heat input in MMBTU per hour.


















































APPENDIX D. ALLOWABLE PARTICULATE MATTER EMISSION RATES FOR

INDIRECTLY FIRED WOOD FUEL-BURNING UNITS

Maximum Heat Input In Allowable Total Particulate

Million British Thermal Matter Emissions In Pounds

Units Per Hour Per Million British Thermal

 Units

Less than 10 .................................................................................. 0.60

10 and less than 1,000 .................................................................. 0.50

1,000 and less than 10,000 ........................................................... 0.35

10,000 or more .............................................................................. 0.15
APPENDIX E. PRIMARY AMBIENT AIR QUALITY STANDARDS 

Sulfur 

Dioxide PM-10 PM 2.5

Carbon 

Monoxide Ozone

Nitrogen 

Dioxide Lead

1-hr. max (8)75 ppb

40 mg/m3 

(2)35 ppm (9)100 ppb

8-hr. max

10 mg/m3 

(2)9 ppm (4)0.075 ppm

24-hr. max (7) 150 ug/m3

(5) 35 ug/m3

Rolling 3- 

month 

average (3) 0.15 ug/m3

Annual (6) 15 ug/m3

(1) 53 ppb

(9) The standard is attained when the 3-year average of the 98th percentile of the daily maximum 1-hour 

average concentration at each monitor within an area does not exceed 100 ppb as determined in accordance 

with 40 CFR 50, Appendix S.

(8) The standard is attained when the 3-year average of the 99th percentile of the daily maximum 1-hour 

average at each monitor within an area does not exceed 75 ppb, as determined in accordance with 40 CFR 

50, Appendix T.

(1) Annual arithmetic mean

(2) Not to be exceeded more than once per year

(7) The standard is attained when the expected number of days per calendar year with a 24-hour average 

concentration above 150 ug/m3

, as determined in accordance with 40 CFR 50, Appendix K is equal to or less 

than one. 

(3) Not to be exceeded more than once during a 3-year period as provided in 40 CFR 50, Appendix R.

(4) The standard is attained when the computed 3-year average of the annual 4th-highest daily maximum 8-

hour average does not exceed 0.075 ppm, as provided in 40 CFR 50.15.

(5) The standard is attained when the 98th percentile concentration is equal to or less than the numerical 

standard as determined by 40 CFR 50, Appendix N.

(6) The standard is attained when the annual arithmetic mean is equal to or less than the numerical standard 

as determined by 40 CFR 50, Appendix N.
Appendix F. Secondary Ambient Air Quality Standards 

Sulfur 

Dioxide (6)PM-10 PM 2.5

(6)Carbon 

Monoxide Ozone

Nitrogen 

Dioxide Lead

1-hr. max

3-hr. max

1300 ug/m3 

(2)0.5 ppm

8-hr. max (4)0.075 ppm

24-hr. max

Rolling 3-

month 

average (3) 0.15 ug/m3

Annual (5) 15 ug/m3

100 ug/m3 

(1) 0.053 ppm

(6) PM-10 and carbon monoxide have no secondary standard.

(1) Annual arithmetic mean

(2) Not to be exceeded more than once per year

(3) Not to be exceeded more than once during a 3-year period as provided in 40 CFR 50, Appendix R. 

(4) The standard is attained when the computed 3-year average of the annual 4th-highest daily maximum 8-

hour average does not exceed 0.075 ppm, as provided in 40 CFR 50.15.

(5) The standard is attained when the annual arithmetic mean is equal to or less than the numerical standard 

as determined by 40 CFR 50, Appendix N.
APPENDIX G. ALLOWABLE PARTICULATE MATTER EMISSION RATES

FOR DIRECTLY FIRED FUEL-BURNING UNITS AND INDUSTRIAL

PROCESS

Allowable total particulate matter emission rates for process weight rates of 30 tons per

hour (60,000 pounds per hour) or less shall be calculated using the formula:

E = 4.10P0.67

Allowable total particulate matter emission rates for process weight rates greater than 30

tons per hour (60,000 pounds per hour) shall be calculated using the formula:

E = (55.00P )-40 0.11

Where:

E = allowable total particulate matter emission rate in pounds per hour and

P = process weight rate in tons per hour.


















































































APPENDIX N. SPECIALTY COATINGS VOC CONTENT LIMITS

The following table is for use only in OAC 252:100-39-47.

SPECIALTY COATINGS VOC CONTENT LIMITS

Coating Type

Limit

lb/gal g/l1

Ablative Coating 5.0 600

Adhesion Promoter 7.4 890

Adhesive Bonding Primers:

 Cured at 250EF or below 7.1 850

 Cured above 250EF 8.6 1,030

Adhesives:

 Commercial Interior Adhesive 6.3 760

 Cyanoacrylate Adhesive 8.5 1,020

 Fuel Tank Adhesive 5.2 620

 Nonstructural Adhesive 3.0 360

 Rocket Motor Bonding Adhesive 7.4 890

 Rubber-based Adhesive 7.1 850

 Structural Autoclavable Adhesive 0.5 60

 Structural Nonautoclavable Adhesive 7.1 850

Antichafe Coating 5.5 660

Bearing Coating 5.2 620

Caulking and Smoothing Compounds 7.1 850

Chemical Agent-Resistant Coating 4.6 550

Clear Coating 6.0 720

Commercial Exterior Aerodynamic Structure Primer 5.4 650

Compatible Substrate Primer 6.5 780

Corrosion Prevention Compound 5.9 710

Cryogenic Flexible Primer 5.4 645

Cryoprotective Coating 5.0 600

Dry Lubricative Material 7.3 880

Electric or Radiation-Effect Coating 6.7 800

 198 
Coating Type

Limit

lb/gal g/l1

Electrostatic Discharge and Electromagnetic Interference

(EMI)Coating 6.7 800

Elevated-Temperature Skydrol-Resistant Commercial Primer 6.2 740

Epoxy Polyamide Topcoat 5.5 660

Fire-Resistant (Interior) Coating 7.3 800

Flexible Primer 5.3 640

Flight-Test Coatings

 Missile or Single Use Aircraft 3.5 420

 All Other 7.0 840

Fuel Tank Coating 6.0 720

High-Temperature Coating 7.1 850

High-Temperature Radiation-Effect Coating 8.5 1,020

Insulation Covering 6.2 740

Intermediate Release Coating 6.4 750

Lacquer 6.9 830

Maskants:

 Bonding Maskant 10.02 1,230

 Critical Use and Line Sealer Maskant 8.5 1,020

 Seal Coat Maskant 10.2 1,230

Metallized Epoxy Coating 6.2 740

Mold Release 6.5 780

Optical Anti-Reflective Coating 6.3 750

Part Marking Coating 7.1 850

Pretreatment Coating 6.5 780

Rain Erosion-Resistant Coating 7.1 850

Rocket Motor Nozzle Coating 5.5 660

Scale Inhibitor 7.3 880

Screen Print Ink 7.0 840

Sealants:

 Extrudable/Rollable/Brushable Sealant 2.3 280

 Sprayable Sealant 5.0 600

 199 
Coating Type

Limit

lb/gal g/l1

Silicone Insullation Material 7.1 850

Solid Film Lubricant 7.3 880

Specialized Function Coating 7.4 890

Temporary Protective Coating 2.7 320

Thermal Control Coating 6.7 800

Wet Fastener Installation Coating 5.6 675

Wing Coating 7.1 850

Coating limits expressed in terms of mass (grams) of VOC per 1

volume (liters) of coating less water and less exempt solvent using

Equation 1 below.

EQUATION 1

Grams of VOC per liter of coating (less water and less exempt

solvent) shall be calculated using the following formula:

g/l = (W - W - W )/(V - V - V ) s w es s w es

Where:

W = weight of total volatiles in grams s 

W = weight of water in grams w 

W = weight of exempt compounds in grams es

V = volume of coating in liters s 

V = volume of water in liters w 

V = volume of exempt compounds in liters es

 200 


APPENDIX O. TOXIC AIR CONTAMINANTS (TAC) MAXIMUM ACCEPTABLE 

AMBIENT CONCENTRATIONS (MAAC) 

 

CAS SUBSTANCE MAAC 

ppb 

MAAC 

g

/m3

Time 

Period 

Carcinogens 

75-07-0 Acetaldehyde 28 50 24-hr avg.

107-13-1 Acrylonitrile 0.5 1 24-hr avg.

Group Arsenic compounds NA 0.02 24-hr avg.

71-43-2 Benzene 10 30 24-hr avg.

Group Beryllium compounds NA 0.02 24-hr avg.

106-99-0 1,3-butadiene 1 3 24-hr avg.

Group Cadmium compounds NA 0.06 24-hr avg.

56-23-5 Carbon tetrachloride 1 7 24-hr avg.

67-66-3 Chloroform 0.8 4 24-hr avg.

Group Hexavalent Chromium 

compounds 

NA 0.008 24-hr avg.

107-06-2 Ethylene dichloride (1,2-

dichloroethane) 

1 4 24-hr avg.

50-00-0 Formaldehyde 7 8 24-hr avg.

75-09-2 Methylene chloride 

(dichloromethane) 

58 200 24-hr avg.

Group Nickel compounds NA 0.15 24-hr avg.

79-34-5 1,1,2,2-tetrachloroethane 0.3 2 24-hr avg.

75-01-4 Vinyl chloride 9 23 24-hr avg.

Non-Carcinogens 

7664-41-7 Ammonia 2,500 1,742 24-hr avg.

100-41-4 Ethylbenzene 10,000 43,427 24-hr avg.

Group Manganese compounds NA 50 24-hr avg.

Group Mercury compounds NA 0.3 24-hr avg.

108-88-3 Toluene 10,000 37,668 24-hr avg.
APPENDIX P. REGULATED AIR POLLUTANTS (RAP)

REGULATED AIR POLLUTANT DESCRIPTION

Acid gas expressed as SO and 2

HCl

As defined in OAC 252:100-

17.

Acid mist expressed as H SO As defined in 40 CFR 60.81 2 4

and OAC 252:100-31.

Arsenic, inorganic NESHAP

Asbestos NESHAP

Benzene NESHAP

Beryllium NESHAP

Cadmium NSPS

Carbon Monoxide or CO Criteria pollutant

Dioxins/furans NSPS: Tetra- through octachlorinated dibenzo-pdioxins and dibenzofurans.

Fluorides NSPS: Elemental fluorine and

all fluoride compounds.

Hazardous Air Pollutants or

HAP(s)

Listed in 42 U.S.C.

7412(b)(1) and as modified

in 40 CFR Part 63, Subpart

C, List of Hazardous Air

Pollutants, Petitions

Process, Lesser Quantity

Designations, Source

Category List.

Hydrogen chloride or HCl NSPS

Hydrogen sulfide or H S NSPS 2

Lead Criteria pollutant

Mercury NSPS and NESHAP

Nitrogen dioxide or NO Criteria pollutant 2

NonMethane Organic Compounds

or NMOC expressed as hexane

As defined in 40 CFR 60.754.

Oxides of nitrogen or NOx NSPS: Ozone precursors 

Oxides of sulfur or SOx NSPS: PM-2.5 precursors

Ozone Criteria pollutant

Particulate Matter or PM As defined in OAC 252:100. 

(criteria pollutant)

Reduced sulfur compounds As defined in 40 CFR 60.101.

Reduced Sulfur, Total or TRS As defined in OAC 252:100-

31.

Sulfur dioxide or SO2 Criteria pollutant

Toxic Air Contaminates or

TAC(s)

As listed in OAC 252:100,

Appendix O. 

Vinyl chloride NESHAP

Volatile Organic Compounds

or VOC(s)

As defined in OAC 252:100.

(ozone precursors)

 202 
NOTES:

1. The Department does not have authority over Class I and II stratospheric ozone depleting

substances or CFCs as listed under 40 CFR, Part 82. These substances are RAP, however, under the

Federal Clean Air Act.

2. The Department does not have authority over Section 112(r) substances as listed in 40 CFR

68.130, Tables 1-4. These substances are, however, RAP under the Federal Clean Air Act.

3. The Department does not have the authority over radionuclides as listed in 40 CFR, Part 61. 

These substances are RAP, however, under the Federal Clean Air Act.
















































































APPENDIX Q. INCORPORATION BY REFERENCE

Except as provided under OAC 252:100-2-3(b)(2), the following provisions of Title 40 of the

Code of Federal Regulations are hereby incorporated by reference as they existed on December

10, 2009.

PART SUBPART DESCRIPTION

50 n/a

Appendix B to Part 50 - Reference Method for the Determination of

Suspended Particulate Matter in the Atmosphere (High-Volume

Method)

50 n/a Appendix J to Part 50 - Reference Method for the Determination of

Particulate Matter as PM in the Atmosphere 10

51 F Paragraph 51.100(s)(1) only of Subpart F, Procedural Requirements

51 n/a Appendix P to Part 51 - Minimum Emission Monitoring Requirements

58 n/a Appendix A to Part 58 - Quality Assurance Requirements for SLAMS,

SPMs and PSD Air Monitoring

60 A General Provisions [Except 60.4, 60.9, 60.10 and 60.16]

60 D Standards of Performance for Fossil-Fuel-Fired Steam Generators for

Which Construction is Commenced After August 17, 1971

60 Da Standards of Performance for Electric Utility Steam Generating Units

for Which Construction is Commenced After September 18, 1978

60 Db Standards of Performance for Industrial-Commercial-Institutional

Steam Generating Units

60 Dc Standards of Performance for Small Industrial-CommercialInstitutional Steam Generating Units

60 E Standards of Performance for Incinerators

60 Ea

Standards of Performance for Municipal Waste Combustors for Which

Construction is Commenced After December 20, 1989 and on or

Before September 20, 1994

60 Eb

Standards of Performance for Large Municipal Waste Combustors for

Which Construction is Commenced After September 20, 1994 or for

Which Modification or Reconstruction is Commenced After June 19,

1996

60 Ec

Standards of Performance for Hospital/Medical/Infectious Waste

Incinerators for Which Construction is Commenced After June 20,

1996

60 F Standards of Performance for Portland Cement Plants

60 G Standards of Performance for Nitric Acid Plants

60 H Standards of Performance for Sulfuric Acid Plants

60 I Standards of Performance for Hot Mix Asphalt Facilities

60 J Standards of Performance for Petroleum Refineries

60 Ja

Standards of Performance for Petroleum Refineries for Which

Construction, Reconstruction, or Modification Commenced After May

14, 2007




PART SUBPART DESCRIPTION

60 K

Standards of Performance for Storage Vessels for Petroleum Liquids

for Which Construction, Reconstruction, or Modification Commenced

After June 11, 1973, and Prior to May 19, 1978

60 Ka

Standards of Performance for Storage Vessels for Petroleum Liquids

for Which Construction, Reconstruction, or Modification Commenced

After May 18, 1978, and Prior to July 23, 1984

60 Kb

Standards of Performance for Volatile Organic Liquid Storage Vessels

(Including Petroleum Liquid Storage Vessels) for Which Construction,

Reconstruction, or Modification Commenced After July 23, 1984

60 L Standards of Performance for Secondary Lead Smelters

60 M Standards of Performance for Secondary Brass and Bronze Production

Plants

60 N

Standards of Performance for Primary Emissions from Basic Oxygen

Process Furnaces for Which Construction is Commenced After June

11, 1973

60 Na

Standards of Performance for Secondary Emissions from Basic Oxygen

Process Steelmaking Facilities for Which Construction is Commenced

After January 20, 1983

60 O Standards of Performance for Sewage Treatment Plants

60 P Standards of Performance for Primary Copper Smelters

60 Q Standards of Performance for Primary Zinc Smelters

60 R Standards of Performance for Primary Lead Smelters

60 S Standards of Performance for Primary Aluminum Reduction Plants

60 T Standards of Performance for the Phosphate Fertilizer Industry: WetProcess Phosphoric Acid Plants

60 U Standards of Performance for the Phosphate Fertilizer Industry:

Superphosphoric Acid Plants

60 V Standards of Performance for the Phosphate Fertilizer Industry:

Diammonium Phosphate Plants

60 W Standards of Performance for the Phosphate Fertilizer Industry: Triple

Superphosphate Plants

60 X Standards of Performance for the Phosphate Fertilizer Industry:

Granular Triple Superphosphate Storage Facilities

60 Y Standards of Performance for Coal Preparation and Processing Plants

60 Z Standards of Performance for Ferroalloy Production Facilities

60 AA

Standards of Performance for Steel Plants: Electric Arc Furnaces

Constructed After October 21, 1974, and On or Before August 17,

1983

60 AAa

Standards of Performance for Steel Plants: Electric Arc Furnaces and

Argon-Oxygen Decarburization Vessels Constructed After August 17,

1983

60 BB Standards of Performance for Kraft Pulp Mills


PART SUBPART DESCRIPTION

60 CC Standards of Performance for Glass Manufacturing Plants

60 DD Standards of Performance for Grain Elevators

60 EE Standards of Performance for Surface Coating of Metal Furniture

60 GG Standards of Performance for Stationary Gas Turbines

60 HH Standards of Performance for Lime Manufacturing Plants

60 KK Standards of Performance for Lead-Acid Battery Manufacturing Plants

60 LL Standards of Performance for Metallic Mineral Processing Plants

60 MM Standards of Performance for Automobile and Light Duty Truck

Surface Coating Operations

60 NN Standards of Performance for Phosphate Rock Plants

60 PP Standards of Performance for Ammonium Sulfate Manufacture

60 QQ Standards of Performance for the Graphic Arts Industry: Publication

Rotogravure Printing

60 RR Standards of Performance for Pressure Sensitive Tape and Label

Surface Coating Operations

60 SS Standards of Performance for Industrial Surface Coating: Large

Appliances

60 TT Standards of Performance for Metal Coil Surface Coating

60 UU Standards of Performance for Asphalt Processing and Asphalt Roofing

Manufacture

60 VV

Standards of Performance for Equipment Leaks of VOC in the

Synthetic Organic Chemicals Manufacturing Industry for which

Construction, Reconstruction, or Modification Commenced After

January 5, 1981, and on or Before November 7, 2006

60 VVa

Standards of Performance for Equipment Leaks of VOC in the

Synthetic Organic Chemicals Manufacturing Industry for Which

Construction, Reconstruction, or Modification Commenced After

November 7, 2006

60 WW Standards of Performance for the Beverage Can Surface Coating

Industry

60 XX Standards of Performance for Bulk Gasoline Terminals

60 BBB Standards of Performance for the Rubber Tire Manufacturing Industry

60 DDD Standards of Performance for Volatile Organic Compound (VOC)

Emissions from the Polymer Manufacturing Industry

60 FFF Standards of Performance for Flexible Vinyl and Urethane Coating and

Printing

60 GGG

Standards of Performance for Equipment Leaks of VOC in Petroleum

Refineries for which Construction, Reconstruction, or Modification

Commenced After January 4, 1983, and on or Before November 7,

2006

60 GGGa

Standards of Performance for Equipment Leaks of VOC in Petroleum

Refineries for Which Construction, Reconstruction, or Modification

Commenced After November 7, 2006


PART SUBPART DESCRIPTION

60 HHH Standards of Performance for Synthetic Fiber Production Facilities

60 III

Standards of Performance for Volatile Organic Compound (VOC)

Emissions From the Synthetic Organic Chemical Manufacturing

Industry (SOCMI) Air Oxidation Unit Processes

60 JJJ Standards of Performance for Petroleum Dry Cleaners

60 KKK Standards of Performance for Equipment Leaks of VOC From Onshore

Natural Gas Processing Plants

60 LLL Standards of Performance for Onshore Natural Gas Processing: SO2

Emissions

60 NNN

Standards of Performance for Volatile Organic Compound (VOC)

Emissions From Synthetic Organic Chemical Manufacturing Industry

(SOCMI) Distillation Operations

60 OOO Standards of Performance for Nonmetallic Mineral Processing Plants

60 PPP Standard of Performance for Wool Fiberglass Insulation Manufacturing

Plants

60 QQQ Standards of Performance for VOC Emissions From Petroleum

Refinery Wastewater Systems

60 RRR

Standards of Performance for Volatile Organic Compound Emissions

From Synthetic Organic Chemical Manufacturing Industry (SOCMI)

Reactor Processes

60 SSS Standards of Performance for Magnetic Tape Coating Facilities

60 TTT Standards of Performance for Industrial Surface Coating: Surface

Coating of Plastic Parts for Business Machines

60 UUU Standards of Performance for Calciners and Dryers in Mineral

Industries

60 VVV Standards of Performance for Polymeric Coating of Supporting

Substrates Facilities

60 WWW Standards of Performance for Municipal Solid Waste Landfills

60 AAAA

Standards of Performance for Small Municipal Waste Combustion

Units for Which Construction is Commenced After August 30, 1999 or

for Which Modification or Reconstruction is Commenced After June 6,

2001

60 EEEE

Standards of Performance for Other Solid Waste Incineration Units for

Which Construction Is Commenced After December 9, 2004, or for

Which Modification or Reconstruction Is Commenced on or After June

16, 2006

60 FFFF

Emission Guidelines and Compliance Times for Other Solid Waste

Incineration Units That Commenced Construction On or Before

December 9, 2004

60 IIII Standards of Performance for Stationary Compression Ignition Internal

Combustion Engines

60 JJJJ Standards of Performance for Stationary Spark Ignition Internal

Combustion Engines


PART SUBPART DESCRIPTION

60 KKKK Standards of Performance for Stationary Combustion Turbines

60 n/a Appendix A to Part 60 - Test Methods

60 n/a Appendix B to Part 60 - Performance Specifications

61 A General Provisions

61 C National Emission Standard for Beryllium

61 D National Emission Standard for Beryllium Rocket Motor Firing

61 E National Emission Standard for Mercury

61 F National Emission Standard for Vinyl Chloride

61 J National Emission Standard for Equipment Leaks (Fugitive Emission

Sources) of Benzene

61 L National Emission Standard for Benzene Emissions from Coke ByProduct Recovery Plants

61 M National Emission Standard for Asbestos

61 N National Emission Standard for Inorganic Arsenic Emissions From

Glass Manufacturing Plants

61 O National Emission Standard for Inorganic Arsenic Emissions From

Primary Copper Smelters

61 P National Emission Standard for Inorganic Arsenic Emissions From

Arsenic Trioxide and Metallic Arsenic Production Facilities

61 V National Emission Standard for Equipment Leaks (Fugitive Emission

Sources)

61 Y National Emission Standard for Benzene Emissions From Benzene

Storage Vessels

61 BB National Emission Standard for Benzene Emissions From Benzene

Transfer Operations

61 FF National Emission Standard for Benzene Waste Operations

63 A General Provisions

63 B

Sections 63.41, 63.43 and 63.44 only of Subpart B, Requirements for

Control Technology Determinations for Major Sources in Accordance

With Clean Air Act Sections, Sections 112(g) and 112(j)

63 F National Emission Standards for Organic Hazardous Air Pollutants

From the Synthetic Organic Chemical Manufacturing Industry

63 G

National Emission Standards for Organic Hazardous Air Pollutants

From the Synthetic Organic Chemical Manufacturing Industry for

Process Vents, Storage Vessels, Transfer Operations, and Wastewater

63 H National Emission Standards for Organic Hazardous Air Pollutants for

Equipment Leaks

63 I

National Emission Standards for Organic Hazardous Air Pollutants for

Certain Processes Subject to the Negotiated Regulation for Equipment

Leaks

63 J National Emission Standards for Hazardous Air Pollutants for

Polyvinyl Chloride and Copolymers Production


PART SUBPART DESCRIPTION

63 L National Emission Standards for Coke Oven Batteries

63 M National Perchloroethylene Air Emission Standards for Dry Cleaning

Facilities

63 N National Emission Standards for Chromium Emissions From Hard and

Decorative Chromium Electroplating and Chromium Anodizing Tanks

63 O Ethylene Oxide Emissions Standards for Sterilization Facilities

63 Q National Emission Standards for Hazardous Air Pollutants for

Industrial Process Cooling Towers

63 R National Emission Standards for Gasoline Distribution Facilities (Bulk

Gasoline Terminals and Pipeline Breakout Stations)

63 S National Emission Standards for Hazardous Air Pollutants from the

Pulp and Paper Industry

63 T National Emission Standards for Halogenated Solvent Cleaning

63 U National Emission Standards for Hazardous Air Pollutant Emissions:

Group I Polymers and Resins

63 W National Emission Standards for Hazardous Air Pollutants for Epoxy

Resins Production and Non-Nylon Polyamides Production

63 X National Emission Standards for Hazardous Air Pollutants from

Secondary Lead Smelting

63 Y National Emission Standards for Marine Tank Vessel Loading

Operations

63 AA National Emission Standards for Hazardous Air Pollutants From

Phosphoric Acid Manufacturing Plants

63 BB National Emission Standards for Hazardous Air Pollutants From

Phosphate Fertilizers Production Plants

63 CC National Emission Standards for Hazardous Air Pollutants From

Petroleum Refineries

63 DD National Emission Standards for Hazardous Air Pollutants from OffSite Waste and Recovery Operations

63 EE National Emission Standards for Magnetic Tape Manufacturing

Operations

63 GG National Emission Standards for Aerospace Manufacturing and

Rework Facilities

63 HH National Emission Standards for Hazardous Air Pollutants From Oil

and Natural Gas Production Facilities

63 II National Emission Standards for Shipbuilding and Ship Repair

(Surface Coating)

63 JJ National Emission Standards for Wood Furniture Manufacturing

Operations

63 KK National Emission Standards for the Printing and Publishing Industry

63 LL National Emission Standards for Hazardous Air Pollutants for Primary

Aluminum Reduction Plants

63 MM

National Emission Standards for Hazardous Air Pollutants for

Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and

Stand-Alone Semichemical Pulp Mills


PART SUBPART DESCRIPTION

63 OO National Emission Standards for Tanks - Level 1

63 PP National Emission Standards for Containers

63 QQ National Emission Standards for Surface Impoundments

63 RR National Emission Standards for Individual Drain Systems

63 SS

National Emission Standards for Closed Vent Systems, Control

Devices, Recovery Devices and Routing to a Fuel Gas System or a

Process

63 TT National Emission Standards for Equipment Leaks – Control Level 1

63 UU National Emission Standards for Equipment Leaks - Control Level 2

Standards

63 VV National Emission Standards for Oil-Water Separators and OrganicWater Separators

63 WW National Emission Standards for Storage Vessels (Tanks) - Control

Level 2

63 XX National Emission Standards for Ethylene Manufacturing Process

Units: Heat Exchange Systems and Waste Operations

63 YY

National Emission Standards for Hazardous Air Pollutants for Source

Categories: Generic Maximum Achievable Control Technology

Standards

63 CCC

National Emission Standards for Hazardous Air Pollutants for Steel

Pickling - HCl Process Facilities and Hydrochloric Acid Regeneration

Plants

63 DDD National Emission Standards for Hazardous Air Pollutants for Mineral

Wool Production

63 EEE National Emission Standards for Hazardous Air Pollutants from

Hazardous Waste Combustors

63 GGG National Emission Standards for Pharmaceuticals Production

63 HHH National Emission Standards for Hazardous Air Pollutants From

Natural Gas Transmission and Storage Facilities

63 III National Emission Standards for Hazardous Air Pollutants for Flexible

Polyurethane Foam Production

63 JJJ National Emission Standards for Hazardous Air Pollutant Emissions:

Group IV Polymers and Resins

63 LLL National Emission Standards for Hazardous Air Pollutants From the

Portland Cement Manufacturing Industry

63 MMM National Emission Standards for Hazardous Air Pollutants for Pesticide

Active Ingredient Production

63 NNN National Emission Standards for Hazardous Air Pollutants for Wool

Fiberglass Manufacturing

63 OOO National Emission Standards for Hazardous Air Pollutant Emissions:

Manufacture of Amino/Phenolic Resins

63 PPP National Emission Standards for Hazardous Air Pollutant Emissions

for Polyether Polyols Production


PART SUBPART DESCRIPTION

63 QQQ National Emission Standards for Hazardous Air Pollutants for Primary

Copper Smelting

63 RRR National Emission Standards for Hazardous Air Pollutants for

Secondary Aluminum Production

63 TTT National Emission Standards for Hazardous Air Pollutants for Primary

Lead Smelting

63 UUU

National Emission Standards for Hazardous Air Pollutants for

Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming

Units, and Sulfur Recovery Units

63 VVV National Emission Standards for Hazardous Air Pollutants: Publicly

Owned Treatment Works

63 XXX National Emission Standards for Hazardous Air Pollutants for

Ferroalloys Production: Ferromanganese and Silicomanganese

63 AAAA National Emission Standards for Hazardous Air Pollutants: Municipal

Solid Waste Landfills

63 CCCC National Emission Standards for Hazardous Air Pollutants:

Manufacturing of Nutritional Yeast

63 EEEE National Emission Standards for Hazardous Air Pollutants: Organic

Liquids Distribution (Non-Gasoline)

63 FFFF National Emission Standards for Hazardous Air Pollutants:

Miscellaneous Organic Chemical Manufacturing

63 GGGG National Emission Standards for Hazardous Air Pollutants: Solvent

Extraction for Vegetable Oil Production

63 HHHH National Emission Standards for Hazardous Air Pollutants for WetFormed Fiberglass Mat Production

63 IIII National Emission Standards for Hazardous Air Pollutants: Surface

Coating of Automobiles and Light-Duty Trucks

63 JJJJ National Emission Standards for Hazardous Air Pollutants: Paper and

Other Web Coating

63 KKKK National Emission Standards for Hazardous Air Pollutants: Surface

Coating of Metal Cans

63 MMMM National Emission Standards for Hazardous Air Pollutants for Surface

Coating of Miscellaneous Metal Parts and Products

63 NNNN National Emission Standards for Hazardous Air Pollutants: Surface

Coating of Large Appliances

63 OOOO National Emission Standards for Hazardous Air Pollutants: Printing,

Coating, and Dyeing of Fabrics and Other Textiles

63 PPPP National Emission Standards for Hazardous Air Pollutants for Surface

Coating of Plastic Parts and Products

63 QQQQ National Emission Standards for Hazardous Air Pollutants: Surface

Coating of Wood Building Products

63 RRRR National Emission Standards for Hazardous Air Pollutants: Surface

Coating of Metal Furniture

63 SSSS National Emission Standards for Hazardous Air Pollutants: Surface

Coating of Metal Coil


PART SUBPART DESCRIPTION

63 TTTT National Emission Standards for Hazardous Air Pollutants for Leather

Finishing Operations

63 UUUU National Emission Standards for Hazardous Air Pollutants for

Cellulose Products Manufacturing

63 VVVV National Emission Standards for Hazardous Air Pollutants for Boat

Manufacturing

63 WWWW National Emissions Standards for Hazardous Air Pollutants:

Reinforced Plastic Composites Production

63 XXXX National Emissions Standards for Hazardous Air Pollutants: Rubber

Tire Manufacturing

63 YYYY National Emission Standards for Hazardous Air Pollutants for

Stationary Combustion Turbines

63 ZZZZ National Emission Standards for Hazardous Air Pollutants for

Stationary Reciprocating Internal Combustion Engines

63 AAAAA National Emission Standards for Hazardous Air Pollutants for Lime

Manufacturing Plants

63 BBBBB National Emission Standards for Hazardous Air Pollutants for

Semiconductor Manufacturing

63 CCCCC National Emission Standards for Hazardous Air Pollutants for Coke

Ovens: Pushing, Quenching, and Battery Stacks

63 EEEEE National Emission Standards for Hazardous Air Pollutants for Iron and

Steel Foundries

63 FFFFF National Emission Standards for Hazardous Air Pollutants for

Integrated Iron and Steel Manufacturing Facilities

63 GGGGG National Emission Standards for Hazardous Air Pollutants: Site

Remediation

63 HHHHH National Emission Standards for Hazardous Air Pollutants: 

Miscellaneous Coating Manufacturing

63 IIIII National Emission Standards for Hazardous Air Pollutants: Mercury

Emissions From Mercury Cell Chlor-Alkali Plants

63 LLLLL National Emission Standards for Hazardous Air Pollutants: Asphalt

Processing and Asphalt Roofing Manufacturing

63 MMMMM National Emission Standards for Hazardous Air Pollutants: Flexible

Polyurethane Foam Fabrication Operations

63 NNNNN National Emission Standards for Hazardous Air Pollutants:

Hydrochloric Acid Production

63 PPPPP National Emission Standards for Hazardous Air Pollutants for Engine

Test Cells/Stands

63 QQQQQ National Emission Standards for Hazardous Air Pollutants for Friction

Materials Manufacturing Facilities

63 RRRRR National Emission Standards for Hazardous Air Pollutants: Taconite

Iron Ore Processing

63 SSSSS National Emission Standards for Hazardous Air Pollutants for

Refractory Products Manufacturing

63 TTTTT National Emission Standards for Hazardous Air Pollutants for Primary

Magnesium Refining


PART SUBPART DESCRIPTION

63 WWWWW National Emission Standards for Hospital Ethylene Oxide Sterilizers

63 YYYYY National Emission Standards for Hazardous Air Pollutants for Area

Sources: Electric Arc Furnace Steelmaking Facilities

63 ZZZZZ National Emission Standards for Hazardous Air Pollutants for Iron and

Steel Foundries Area Sources

63 BBBBBB

National Emission Standards for Hazardous Air Pollutants for Source

Category: Gasoline Distribution Bulk Terminals, Bulk Plants, and

Pipeline Facilities

63 CCCCCC National Emission Standards for Hazardous Air Pollutants for Source

Category: Gasoline Dispensing Facilities

63 DDDDDD National Emission Standards for Hazardous Air Pollutants for

Polyvinyl Chloride and Copolymers Production Area Sources

63 EEEEEE National Emission Standards for Hazardous Air Pollutants for Primary

Copper Smelting Area Sources

63 FFFFFF National Emission Standards for Hazardous Air Pollutants for

Secondary Copper Smelting Area Sources

63 GGGGGG National Emission Standards for Hazardous Air Pollutants for Primary

Nonferrous Metals Area Sources - Zinc, Cadmium, and Beryllium

63 HHHHHH

National Emission Standards for Hazardous Air Pollutants: Paint

Stripping and Miscellaneous Surface Coating Operations at Area

Sources 

63 LLLLLL National Emission Standards for Hazardous Air Pollutants for Acrylic

and Modacrylic Fibers Production Area Sources

63 MMMMMM National Emission Standards for Hazardous Air Pollutants for Carbon

Black Production Area Sources

63 NNNNNN National Emission Standards for Hazardous Air Pollutants for

Chemical Manufacturing Area Sources: Chromium Compounds

63 OOOOOO National Emission Standards for Hazardous Air Pollutants for Flexible

Polyurethane Foam Production and Fabrication Area Sources

63 PPPPPP National Emission Standards for Hazardous Air Pollutants for Lead

Acid Battery Manufacturing Area Sources

63 QQQQQQ National Emission Standards for Hazardous Air Pollutants for Wood

Preserving Area Sources

63 RRRRRR National Emission Standards for Hazardous Air Pollutants for Clay

Ceramics Manufacturing Area Sources

63 SSSSSS National Emission Standards for Hazardous Air Pollutants for Glass

Manufacturing Area Sources

63 TTTTTT National Emission Standards for Hazardous Air Pollutants for

Secondary Nonferrous Metals Processing Area Sources

63 VVVVVV National Emission Standards for Hazardous Air Pollutants for

Chemical Manufacturing Area Sources

63 WWWWWW National Emission Standards for Hazardous Air Pollutants: Area

Source Standards for Plating and Polishing Operations

63 XXXXXX National Emission Standards for Hazardous Air Pollutants Area Source

Standards for Nine Metal Fabrication and Finishing Source Categories


PART SUBPART DESCRIPTION

63 YYYYYY National Emission Standards for Hazardous Air Pollutants for Area

Sources: Ferroalloys Production Facilities

63 ZZZZZZ

National Emission Standards for Hazardous Air Pollutants: Area

Source Standards for Aluminum, Copper, and Other Nonferrous

Foundries

63 AAAAAAA National Emission Standards for Hazardous Air Pollutants for Area

Sources: Asphalt Processing and Asphalt Roofing Manufacturing

63 CCCCCCC National Emission Standards for Hazardous Air Pollutants: Area

Source Standards for Paints and Allied Products Manufacturing

64 All Subparts Compliance Assurance Monitoring (CAM)

72 All Subparts Permits Regulation