Codification throug h the 2011 leg islative session

Sub chapter 17 Boa rd adoption - Aug ust 24, 2010 Guber natorial a pproval - O ctober

12, 2010 L eg islative approva l and final a doption - April 1, 2011 Effe ctive date - Jul y

1, 2011

Sub chapters 1, 3, 5, 7, 8 and Append ices A & E Boa rd adoption - F ebrua

ry 25, 2011 Guber natorial a pproval - A

pril 12, 2011 L eg islative approva l and final a doption - May 3, 2011 Effe ctive date - Jul y

1, 2011

TITL E 252. DEPA RTMENT OF ENV IRONMENTAL QUALITY CHAP TER 100. AIR P OLLUT ION CONTROL

Subchapter Section 1. Gene ral Provisions.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-1-1 2. I ncorpor ation by

Refer ence

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-2-1 3. Air Qua lity

Standards and I

ncre ments.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-3-1 4. New Sourc e Perf

ormanc e Standar ds [R EVOKED ] .

. . . . . . . . . . . . . . . . . . . . . . 252:100-4-1 5. Reg istration, Emissi on I nventory and Annua l Oper ating Fe es.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-5-1 6. Permitting [REVOKED].

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-6-1 7. Permits for Minor Fa cilities.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-7-1 8. Permits for Part 70 Source s.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-8-1 9. Ex cess Emission Reporting Requirements.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-9-1 11. Alterna tive Emissions R eduction Plans and Authorizations.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-11-1 13. Open B urning

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-13-1 15. Motor Vehicle Pollut ion Control Devices [REVOKED]..

. . . . . . . . . . . . . . . . . . 252:100-15-1 17. I nciner ators..

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-17-1 19. Control of Emission of P articula te Matter.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-19-1 21. Particulate Ma tter Emissions From Wood-W aste B urning Equipment [R EVOKED ].

. . . . . . . . . . . . . . . . . . . . . . 252:100-21-1 23. Control of Emissions Fr om Cott on Gins.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-23-1 24. Particulate Ma tter Emissions from Grain, F eed or Seed O perations.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-24-1 25. Visible Emissions and Particula tes.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-25-1 27. Particulate Ma tter Emissions From I ndustrial and Other Processe s and Ope rations [REVOKED].

. . . . . . . . . . . . . . . . . . . . 252:100-27-1 29. Control of Fug itive Dust.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-29-1 31. Control of Emission of S ulfur Compounds.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-31-1 33. Control of Emission of Nitroge n Oxi des.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-33-1 35. Control of Emission of Carbon Monox ide.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-35-1 37. Control of Emission of Volatile Org anic Compounds (VOCs)..

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-37-1 39. Emission of Volatile Org anic Compounds (VOCs) in Nonattainment Are as and F ormer Nonattainment Ar eas.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-39-1 40. Control of Emission of Friable A sbestos During Demolition and Renovation Oper ations. . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-40-1 41. Control of Emission of Hazardous Air Pollutants and Toxic Air Contaminants [ REVOKED].

. . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-41-1 42. Control of Tox ic Air Contaminants.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-42-1

143. Testing , Monitoring a nd Recordke eping

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-43-1 45. Monitoring of

Emissions [ REVOKED].

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-45-1 47. Control of Emissions from Exist ing Municipal Solid W aste L andfills.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252:100-47-1

Appendix A. Allowable Par ticular Matter

Emission R ate f

or I nciner ators Appendix B. Al l o wa b le Emissions for I ncine ra t o rs wi t h C ap ac i t i es l es s t h an 1 0 0 l b / h r

[R EVOKED ] Appendix C. Allowable Parti culate Matter Emission Rates for I ndirec tly Fire d Fue l-Bur ning U nits Appendix D. A ll o w a

b le Particulate Matter Emission Rates for I ndirec tly F ir e d Wo o d F u e l- B u r n in g Units Appendix E. Primary

Ambient Air Qua lity

Standards Appendix F. Secondar

y Ambient Air Qua lity

Standards Appendix G. Allowable Particulate Matter Emission Rates for Direc tly Fire d Fue l-Bur ning Units and I ndustrial Process Appendix H. De Minimis Fac iliti es Appendix I

. I nsignific ant Activities (Reg istration) L ist Appendix J

. Trivial Activities (De Minimi s) L ist Appendix K. Aver ag e Da ily Nitrog en Oxides Emissi ons Appendix L

. PM-10 Emissi on Fa ctors for Permit by

Rule for Gr ain Eleva tors Appendix M. Emission L imits for Hospital/Medica l/I nfec tious W aste I nciner ators (H MI WI ) Appendix N. Specialty

Coatings VO C Content L imits Appendix O. Tox i c Ai r C o n t am i n an t s (TAC) Maxi mum Acc eptable Ambient Concentra tions

(MAAC) Appendix P

. Reg ulated Air Pollutants (RAP) Appendix Q. I ncorpor ation by Refer ence

2SUBCHAPTER 1. G ENERAL PR OVISIONS

Section 252:100-1-1. Purpose 252:100-1-2. Statutory

definitions 252:100-1-3. Def

initions 252:100-1-4. Units, abbrevia tions and acr ony ms

252:100-1- 1. P urpose This Subchapter provides definitions of words and phrase s used in Chapter 100. The definitions contained in the Oklahoma Clean Air Act, under which this reg ulation is promulg ated, shal l also apply

. The S ubchapte r also contains a list o f commonly used uni ts with their abbreviations and a list of commonly

used ac rony

ms.

252:100-1- 2. Statutory defini tions The de finitions contained in the Oklahoma E nvironmental Qua lity Code at 27A O.S. Sections 2-01-102 and 2-05-101( 2002) under which this Chapter is promulg ated, shall apply for the following
terms. (1) air c ontaminants, (2) air pollution, (3) council, (4) depar tment, (5) direc tor, (6) Ex ecutive D irec tor, and (7) person.

252:100-1- 3. Defini tions The following wor ds and terms, whe n used in this Chapter, shall have the foll owing meaning

, unless the context c le arly indicates otherwise or unless define d specific ally for a Subchapter

, section, or subsec tion in the Subchapter, sec tion, or subsection. "Act" means the F eder al Clean Air A ct, as a mended, 42 U.S.C. 7401 et seq. "Administrator " means, unless specific ally define d otherwise, the Administrator of the United States Environmental Protection Ag ency (EPA) or the Administrator' s desig nee. "Air contam inan t source" means any and all source s of emission of air contaminants(pollutants), whe ther priva tely or publicly

owned or operated, or person contributing
to emission of air contaminants. Wit hout limit ing the g ener ality of the fore g oing, this term includes all ty pes of business, commerc ial and industrial plants, works, shops and stores, heating and power plants or stations, buildings and other structure s of all ty

pes. "Air pollu tion abatem ent operation" means any operation which has as its essential purpose a sig nificant re duction in: (A) the emission of air conta minants, or (B ) the e ffe ct of such e mission. "Air pollu tion episode" means high levels of air pollution exis ting for an extended period (24 hours or more) of time which may cause acute harmful health eff ects during periods of atmospheric stag nation, without ve rtical or horizontal ventilation. This occur s when there is a high pressure air

mass over an are a, a low wind speed and there is a temperature inversion. Other fac tors such as humidity may also aff ect the e pisode conditions. "Am bient air standards" or "Am bient air qual ity standards" means levels of air quality as codified in OA C 252:100-3. "Atm osph ere " means the a ir that enve lops or surrounds the e arth. "Best availabl e con tr o l tec hnol ogy" or "BACT" means the best control technolog y that is

curr ently availabl e as d eter mined by the Division Direc tor on a case -by -ca se basis, taking into

acc ount ener g y , environmenta l, and economic impa cts and other costs of alternative control sy stems.

3"Bu ildi ng, struct ure, facili ty, or installation " means all of the pollutant-emitting activities

which belong to the same industrial g rouping, are located on one or more contig uous or adjac ent
proper ties, and are u nder the control of the same person (or persons under common control). Pollut ant-e mitti ng activities shall be considere d as part of the same industrial g rouping if they belong
to the same "Ma

jor Group" (i.e., which have the same two-dig it code) as descr ibed in the Standard I ndustrial Classification Manual, 1972, a s amende d by the 1977 Supplement.

2 "Carbon dioxid e equ ivalent em ission s" or "CO e" means an amount of GHG emitted, and shall be computed by multipl ying the mass amount of emissions, for eac h of the six g ree nhouse g ases in the p o l l u t an t GHG, by the gas’ associated globa l war ming 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 e ach to c ompute a CO e. "Catalytic cracking uni t" means a unit composed of a reac tor, reg ener ator and fra ctionating
towers which is used to conver t cer tain petroleum fra ctions into more valuable products by passing the m ater ial throug h or commi ng led wit h a bed of cataly st in the reactor. Coke d ep o s i t s produce d on the ca taly st during c rac king a re r emoved by

burning off in the r eg ener ator. "Com bus tible m ater ials" means any substance which will rea dily burn and shall include those substances which, althoug h g ener ally considere d incombustible, are or may be included in the mass of the mate rial burne d or to be burne d.

" Co mm ence" means, unless specific ally define d otherwise, that the owner or operator of a fac ility to which neither

a NSPS or NESHAP applies has beg un the construc tion or i nstallation of the emitting units on a pa d or in the final location at the fac ility

. "Com plete" means in re fer ence to a n application for a permit, the applica tion contains all the information nece ssary for proce ssing the application. Desig nating an application complete for
purposes of permit proce ssing does not prec lu d e t h e Di rector from reque sting or acc epting any additional information. "Construction" means, unless specific ally define d otherwise, fabr ication, ere ction

, o r installation of a source

. "Crude oil" means a natura lly occur ring hy droca

rbon mix ture which is a liquid at standard conditions. I t may

contain sulfur, nitrog en and/or ox y g en der ivatives of hy droca rbon. "Direct fi red" means that the hot g asses produce d by the flame or heat source come into direc t
contac t with the material be ing pr ocesse d or hea ted. "Divisi on" means Air Quality Division, Oklahoma State Depa rtment o f Environmental Quality

. "Dust" means solid particula te matter rele ased into or car ried in the air by natura l forc es, by any fuel-bur ning, combustion, proce ss equipment or device

, construction work, mecha nical or industrial

proce sses. "EPA" means the U nited States Environmental Protection Ag ency

. "Excess em ission s" means the emission of reg ulated air pollutants in excess of an applicable limit ation or require ment as specifie d in the applicable limit ing Subchapter

, permit, or order of the DEQ. This term does not include fug itive VOC emissions cover ed by an exis ting leak detec tion and

repa ir prog ram that is re quired by a fe dera l or state re g ulation. "Exi sting source" means, unless speci fi ca l l y define d otherwise, an air contaminant source which is in being on the eff ective date of the appropr iate Subchapter

, section, or para g raph of these rules. "Fac ility" means all of the pollutant-emitting activities that meet all the following conditions: (A) A re unde r common control. (B ) Are located on one or more c ontiguous or a djace nt properties. (C) Have the same two-di gi t p ri m ary SI C Code (as descr ibed in the Standard I ndustrial Classification Manual, 1987). "Fe derally enforceable" means all lim i t at i ons and conditions which are enfor cea ble by the Administrator, including those require ments devel o p ed p u rs uant to 40 CFR Parts 60 and 61, require ments within any applicable State implementation plan, any permit require ments established pursuant to 40 CFR 52.21 or under reg ulations approve d pursuant t o 4 0 C FR P ar t 51, subpart I

, incl u d i n g o p erating permits issued under an EPA-appr oved prog ram that is incorporated into the

4State impleme ntation plan and expressly require s adher ence to any permit issued under such

prog ram. "Fuel-burning equipme nt" means any one or more of boilers, furna ces, g as turbines or other combustion device s and all appurte nances there to used to conver t fuel or waste to usable heat or power

. "Fugitive dust" means solid airborne particula te matter emitted from any source other than a stack or c himney

. "F ug it iv e e m is s io ns " me a n s , u n le s s s p e c if

ic ally define d otherwise, those emissions which could
not rea sonably

pass throug h a stac k, chimney , vent, or other functionally

equivalent ope ning. "Fum e" means minute solid particles g ener ated by the condensation of vapors to solid matter afte r vol atiliz ation from the mol t en s t at e, or gene rate d by sublimation, distil lation, calc ination, or chemica l rea ction when these proce sses cre ate a irborne pa rticles. "Garbage" means al l p u trescible animal and veg etable matter resulting from the handling

, prepa ration, cooking and consumption of food. "Gre enhous e gas" or "GHG " means the air poll utant define d in 40 CFR § 86.1818-12(a ) as

2 2 the ag g reg ate g roup of six gre enhouse g ases: ca rbon diox ide (CO ), ni trous ox ide (N O), methane

4 6 (CH ), hy drofluoroc arbons ( HFCs), pe rfluoroc arbons ( PFCs), and sulfur he x afluoride (SF ). "Gross particulate m atte r" or "GP M" means p a r ti c u la te ma tt e r w ith an aer ody

namic diameter
g rea ter than 10 micr ometers.

" I n being" means as used in the definitions of New I nstallation and Ex isting Source that an

owner or opera tor has undertaken a continuous prog ram of construction or modification or the owner

or opera tor has enter ed into a binding ag ree ment or contra ctual obliga tion to underta ke and complete within a rea sonable time a continuous prog ram of construction or modification prior to the compliance date f

or installation as specif

ied by the applica

ble re g ulation. "In cinerat or" means a combustion device specific ally desig ned for the destruction, by high tempera ture burning

, of solid, semi-solid, liquid, or g aseous combustible wastes and from which the solid residues contain little or no combustible mater ial. "In direct fi red" means that the hot g asses produced by the flame or heat source do not come into direct conta ct with the mater ial, excluding air , being proce ssed or he ated. "In stallation" means a

n identifiable piec e of pr ocess e quipment. "Low est a c hi e v a bl e em ission s rate " or "LAE R" means, for any source , the more stringe nt rate of emissions based on para g raphs (A) and (B ) of this de finition. This limit ation, when applied to a modification, means the lowest achie vable emissions rate for the new or modified emissions units within a stationary source

. I n n o event shall the application of L AER allow a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under applicable standard of

perf ormanc e for

the new sour ce. (A) L AE R m ea n s the most stringe nt emissions limit ation which is contained in the implementation pla

n of any State for such class or cate g ory of stationary source , unless the

owner or oper ator of the proposed stationar y source demonstrates that such l imitations are not achieva

ble, or (B ) L AER means the most stringe nt emissions limit ation which is ac h i ev ed i n prac tice by such cla ss or ca teg ory

of stationary

source s. "Major source" means any new or modified stationary source which direc tly emits or has the

capa bility at m axim um desig n capa city and, if appropr iatel y p ermitted, authority to emit 100 tons
per y ear or more of

a g iven pollutant. (OAC 252:100-8, Part 3) "M a l f unction" means any sudden, infreque nt, and not rea sonably preve ntable failure of air pollution control equipment, proce ss equipment, or a proce ss to operate in a normal or usual manner

. Fa ilures that ar e ca

used in part by

poor maintena

nce or car eless oper ation are not malfunctions. "Mist" means a suspension of any fin ely divided liquid in any g as or atmosphere excepting uncombined wa ter. "Modif ication" means any phy sical chang e in, or chang e in the method of opera tion of, a source wh i ch i n creases the amount of any air pollutant emitted by such source or which results in t h e emission of any

air pollutant not previously emitted, except that:

5(A) routine maintenanc e, repa ir and repla ceme nt shall not be considere d phy sical chang es;

and, (B ) the following shall not be consider ed a c hang e in the method of ope ration: (i) any i n cr ease in the production rate

, if such incre ase does not exceed the opera ting desig n capa city

of the sourc e; (ii) an incr ease in hours of oper ation; (iii) use of alterna tive fuel or raw materia l if, prior to the date any standard under this part become s applicable to such source the aff ecte d fac ility is desig ned to acc ommodate such alterna tive use. "National Em ission Stand ards for Hazardous Air P ollutan ts" or "NES HAP " means those standards f

ound in 40 CFR Parts 61 and 63. "New installation ", "Ne w s o u rc e"
, or "New equip m ent" means an air contaminant source which is not in being on the eff ective date of thes e re gu l at i ons and any exis ting source which is modified, repla ced, or rec onstructed afte r the eff ective date of the reg ulations such that the amount of air c ontaminant emissions is i ncre ased. "New Source P erform ance Stand ards" or "NSPS" means those standards found in 40 CFR Part 60. "Nonme thane organic com poun ds" or "NMOC" means nonmethane org anic compounds, as define d in 40 CFR 60.754. "Op acity" means the de g ree to which emis sions reduc e the transmission of li g ht and obscure the view of

an objec t in the backg round. "Op en burni ng" means the burning of combustible materia ls in such a manner that the products of combustion are emitted direc tly to the outside atmosphere

. "Organi c com poun d" means a ny chemica l compound containing the eleme nt car bon. "Ow ner or operator " means a ny person who ow ns, leases, ope rate s, controls or super vises a

source

. "Par t 70 perm it" means (unless the context sug g ests otherwise) any permit or g roup of permits

cover ing a

Part 70 source that is issued, renew ed, ame nded, or r evised pursua nt to this Chapter. "Par t 70 program " means a prog ram a

pproved by

the Administrator under

40 CFR Part 70. "Par t 70 source" mea n s any source subject to the permitting require ments of Part 5 of Subchapter

8, as provided in OA C 252:100-8-3(a) and (b)

. "PM -10 em ission s" means pa rticulate ma tter emit ted t o the ambient air with an ae rody namic diameter of 10 micrometer s or less as measure d by applicable ref ere nce methods, or an equivalent or alter native method. "PM -10" means pa

rticulate ma tter with an a erody namic diamete r of 10 micr ometers or less. "PM -2.5" means pa

rticulate ma tter with an a erody namic diamete r of 2.5 micr ometers or less.

" P artic ulate m atte r" or "PM " means any materia l that exis ts in a finely divided for m as a liquid or a solid. "Par ticulate m a t t e r e m is s io ns " me a n s p a r ti culate matter emitted to the ambient air as measure d by applicable ref

ere nce me thods, or an equiva lent or alter native method. "Pot ential to emi t" m eans the maxi mum capa city of a source to emit a pollutant under its phy sical and operational desig n. Any phy sical or operational limit ation on the capa city of the source to emit a pollutant, including air pollution control equipment and restric tions on hours of operation
or on t he ty

pe or a mount of material c ombusted, stored or proce ssed, s hall be treated as part of its desig n if the limit ation or the eff ect it would have on emissions is enfor cea ble. Secondar

y emissions do not count in determining the potential to emit of a sourc e. "Pr evention of si gnif

icant deter ioration" or "PSD" means increments for the protection of attainment ar eas a s codified in OAC 252:100-3. "Pr ocess equip m ent" means any equipment, device or contrivanc e for chang ing any materia ls or for storag e or handling of any materia ls, the use or existence of which may cause any

discharg e of air contaminants into the open air, but not including that equipment specific ally define d as fuelburning equipment, or re fuse- burning equipment.

6"Pr ocess weigh t" means the weig ht of all materia ls introduced in a source operation, including

solid fuels, but excluding liquids and g ases used solely as fuels, and excluding air introduced for the purposes of c ombustion. P roce ss weig ht rate me ans a r ate e stablished as follows: (A) for continuous or lo n g

- r u n , steady -state, operations, the total proce ss weig ht for the entire period of contin u o u s o p er ati on or for a ty pical portion there of, divided by the number of hours of such pe riod or portion there of. (B ) for cy clical or batch source operations, the total proce ss weig ht for a period which cover s

a complete or an integ ral number of cy cles, divided by the hours of actua l proce ss operation during such per iod. (C) whe re the nature of any proce ss or operation or the desig n of any equipment i s such as
to permit more than one interpre tation of this definition, that interpre tation which results in the minimum value for allowa ble emission shall apply

. "Reasonabl y availabl e control tec hnol ogy" or "RACT" means device s, s y stems, proce ss modifications, or other a

ppara tus or techniques tha t are rea sonably

available taking into account: (A) The n ec essi ty of imposing such controls in order to attain and maintain a national ambient air qua lity

standard; (B ) The soc ial, environmenta l, and ec onomic impact of such c ontrols; and (C) Alternative means of pr oviding f or attainment a

nd maintenanc e of suc h standard. "Reconstruct ion" means (A) the repla ceme nt of components of an exis ting source to the extent that will be deter mined by the Executive Direc tor based on: (i) the fix ed capital cost (the capital neede d to provide all the depre ciable components of the new components exceeds 50 perc ent of the fix ed capital cost of a compar able entirely

new sourc e); (ii) the estimated life of the source afte r the repla ceme nts is compar able to the life of an entirely new sourc e; and, (iii) the extent to whi ch t he components being repla ced cause or contribute to the emissions from the source

. (B ) a rec onstructed source will be trea ted as a new source for purposes of OAC 252:100-8, Part 9. "Refi n er y " m ea ns any fac ility eng ag ed in producing g asoline, kerose ne, fuel oils or other products throug h distil lation of crude oil or throug h redistillation, cra cking

, or ref orming of unfinished petrole um derivatives. "Refu se" means, unless specific ally define d otherwise, the inclusi v e t er m for solid, liquid or g aseous waste p ro d ucts which are composed wholly or partly of such materia ls as g arba g e,

swee pings, clea

nings, trash, rubbish, litter, industrial, commerc ial and domestic solid, liquid or g aseous waste; tree s or shrubs; tree or shrub trimmings; g rass clippings; brick, plaster, lumber or other waste resulting from the d em olition, alteration or construction of buildings or structure s;

acc umulated waste materia l, cans, c ontainers, tire s, junk or other such substanc es. "Refu se-burning equip m ent" means any equipmen t

, device

, or contrivanc e, and all appurte nance s there to, used for the destruc tion of combustible refuse or other combustible wastes by burning

. "Regulated air p ollutan t" means any substance or g roup of substances list ed in Appendix P of this Chapter, or any substance reg ulated as an air pollutant under any fede ral reg ulation for which the Depa rtment has been g iven authority

, or any other substance for which an air emission limit ation or equipment standa

rd is set by

an enf orce able pe rmit. "Respons ible of

fi cial" means one of the following : (A) For a cor

poration: a president, secr etar y , trea surer , or vice- president of the corpor ation in char g e of a principal business function, or any other person who perf orms simil ar policy

or decision-making functions for the corpor ation, or a duly authorized repr esenta tive of such person if the repr esenta tive is r esponsible for the overa ll pr oduction, or oper ating fac iliti es apply ing f

or or subjec t to a permit and e ither: (i) The fac il i ties employ more than 250 persons or have g ross annual sales or expenditures exceeding $25 milli on (in second qua rter 1980 dollar s); or

7(ii) The deleg ation of authority to such repr esenta tives is approve d i n ad v ance by the DEQ; (B ) For the partne rship or sole proprietor shi p : a g ener al partne r or the proprietor

, respe ctively ; (C) For a municip ality

, state, fede ral, or other public ag ency : Either a principal executive office r or ranking elec ted officia l. For purposes of this Chapter, a principal executive office r

or installation commander of a fede ral age n cy i ncludes the chief executive office r having responsibility for the overa ll operations of a principal g eog raphic unit of the ag ency (e.g

., a Reg ional Administrator of EPA); or (D) F or af

fec ted source s: (i) T h e desig nated repr esenta tive insofar as actions, standards, require ments, or prohibitions under Title I V of the Act or the reg ul at ions promulg ated there under are

conce rned; a

nd (ii) The de signated re prese ntative for a ny other purpose s under this Chapter. "S hutd own " means the cessa tion of operation of any proce ss, proce ss equipment, or air pollution control equipment. "S m oke" means small g as-born e or air-bor ne particle s resulting from combustion opera tions and consisting of ca

rbon, ash, a

nd other matter

any or all of whic h is present in suffic ient quantity to be observa

ble. "S ource operation" means the last operation prec eding the emi s s i o n o f an air contaminant, which oper ation: (A ) re s ults in the separ ation of the air contaminant from the proce ss materia ls or i n t h e

co n v ersion of the proce ss materia ls into air contaminants, as in the case of combustio n o f fuel; and, (B ) is not an air pollution abate ment operation. "S tack" means, unless specific all y d e f ined otherwise, any chimney

, flue, duct, conduit, exhaust, pipe, vent or opening

, excluding flare s, desig ned or specific ally intended to conduct emissions to the atmosphere

. "S tandard condition s" means a g as temperature of 68 deg ree s Fa hrenhe it (20 Centigr ade) and

o
a g as pre ssure of 14.7 pounds pe r squar e inch a bsolute. "S tart up" means the setting into operation of any proce ss, proce ss equipment, or air pollution control equipment. "S tationary source" means, unless specific ally define d otherwise, any b u i l d ing, structure

, fac ility

, or installation either fix ed or portable, whose desig n and intended use is at a fix ed location and emits or may

emit an air pollutant subject to OAC 252:100. "Total Sus pended P artic ulates" or "TS P " means particula te matter as measure d by the highvolume method descr ibed in Appendix B of 40 CFR Part 50. "Tem perature inversion" means a phenomenon in which t h e t em p erature in a lay er of air incre ases with heig ht and the cool heavy air below is trappe d by the warmer air above and cannot rise. "Visib le em ission " means any air contaminant, vapor or g as strea m which contains or may contain an air contaminant wh ich is passed into the atmosphere and which is perc eptible to the human ey e. "Volatile organic com po u nd" or "VOC" means any org anic compound that participa tes in atmospheric photochemica l rea ctions resulting in the formation of tropos pheric ozone. Carbon

monox ide, car

bon diox ide, car

bonic acid, me ta ll ic c a

r b id e s , a mm o n iu m c a r b o n a te s , te rt-buty l ace tate and compoun d s l i s t ed in 40 CFR 51.100(s)(1) are presumed to have neg ligible photochemica l

rea ctivity and ar e not consider ed to be VO C.

252:100-1- 4. Units, abb reviat ions, an d acronym s (a) Abbre viations and sy

mbols of units of measure. (1) Btu - B ritish thermal unit (2) cm/sec - centimeter

per se cond

2 (3) CO e - c arbon dioxide equivalent

8(4) dscf - dry cubic f eet a t standard c onditions (5) dscm - dry

cubic mete r at standa

rd conditions (6) ft/min - fee t per minute (7) g al - g allon (8) g al/d - g allons per da

y (9) g al/y r - g allons per y ear (10) g r/dscf - g rains per dry standard c ubic foot (11) hr - hour (12) Hg - merc ury (13) hp - horse power

2 (14) H O - water

2 (15) H S - hy drog en sulfide

2 4 (16) H SO - sulfuric a cid (17) kg - kilog ram (18) kg /metric ton - kilog rams per metric ton (19) kPa - kilopasca ls (20) l - liter (21) l/y r - liters pe r y ear (22) L T/D - long tons per day (23) lb/wk - pounds per w eek (24) lb - pound (25) lbs/hr - pounds per hour (26) m - cubic meter

3 (27) mg/dsc m - milli g rams per dry standard c ubic meter (28) MMBTU/hr

- million briti sh thermal units per hour (29) Mg - meg ag ram 10 g ram 6 (30) Mg /y

r - meg ag rams per

y ear (31) mg/l - milligr ams per liter (32) m/min - meter per minute (33) ng /dscm - nanog rams per dry standard c ubic meter (34) ng /J - nanog rams per J oule (35) oz/i n - ounce per squa re inc h 2 (36) ppm - parts pe r million (37) psia - pounds per

square inch absolute (38) psig - pounds per squa re inc h g ag e (39) ppmv - parts pe r million by volume

2 (40) SO - sulfur dioxide (41) TPY - tons per y ear (42) ì g /m - microg rams per cubic mete r 3 (b) Acr ony

ms. (1) A.I .S.I . - Amer ican I ron and Stee l I nstitut e (2) A.S.M.E. - Americ an Society of Mec hanica l Eng ineer s (3) A.S.T.M. - Americ an Society for Te sting a

nd Materia ls (4) BA CT - Be st Available Control Tec hnology (5) CEM - Continuous Em ission Moni tor (6) CFR - Code of F eder al Reg ulations (7) COM - Continuous Opacity Monitor (8) DEQ - D epar

tment of Environmental Qua lity (9) EPA - Environmental Protec tion Age ncy (10) GHG - Gre enhouse G as (11) HAP - Ha zardous Air Pollutants (12) HMI WI - Hospital/Medica l/I nfec tious W aste I nciner ator (13) MACT - Maxim um Achieva ble Control Technolog y (14) MSW - Municipal Solid W aste (15) MWC - Municipal Waste Combustors

9(16) NAAQS - N ational Ambient Air Qua lity Standards (17) NESHAP - National Emissions Standards for H azardous Air Pollutants (18) NSPS - Ne w Source Perfor mance Standards (19) OAC - Oklahoma Administrative Code (20) PBR - Permit by

Rule (21) PM - Particulate Matter (22) PSD - Prevention of Signific ant Dete rioration (23) SI C - Standard I ndustrial Classification (24) SI P - State I mplementation Plan (25) TSP - Total Suspended Particulates (26) VOC - Volatile Or g anic Compound (27) 27A O.S. - Title 27A Oklahoma Statutes

SUBCHAPTER 2. INCORP ORATION BY REFERENCE

Section 252:100-2-1. Purpose 252:100-2-2. [R ESERVED] 252:100-3-3. Refer ence to Title 40, Code of Fe dera l Reg ulations (40 CFR)

252:100-2- 1. P urpose The purpose of this Subcha pter is to incorporate by ref ere nce applicable provisions of Title 40 of the Code of

Fe dera l Reg ulations (see O AC 252:100, Appendix Q).

252:100-2- 2. [RESERVED]

252:100-2- 3. Refere nce to Title 40, C ode of Feder al Regulations (40 CF R) ( a ) I nc lu s io n o f CF R ci t a t io ns a nd de fi ni t io ns

. Wh e n a p r o v is io n o f 4 0 CF R is in c o r p o r a te d b y

r e f e r e n c e , a ll c it a

ti o n s c o n ta in e d th e r e in a

r e a ls o in c o r

p o r a te d b y r e f e r e n c e

. ( b ) I nc o ns is t e nc ie s o r du pl ic a t io ns

. ( 1 ) I n th e e v e n t th a

t th e r e a r e in c o n s is te n c ie s or dup li c a ti o n s b e tw e e n th e r e q

u ir e me n ts o f th is Ch a p te r a n d th e r e q u ir e me n ts o f th o s e p r o v is io n s in c o r p o r a te d b y r e f e r e n c e in A

p p e n d ix Q o r

in

a s p e c if ic s u b c h a p te r o f th is Ch a

p te r , th e mo r e s tr in g e n t r e q u ir e me n ts s h a ll a p p ly

. ( 2 ) I n th e e v e n t th a

t a s p e c if ic d a te o f in c o r

p o r a ti o n is in d ic a

te d in a specifi c s u

b c h a p te r o f th is Ch a p te r , th e d a

te o f in c o r p o r a ti o n s p e c if

ie d in th e s p e c if

ic s u b c h a p te r s h a ll a

p p ly

. ( c ) Term inology relat ed to 40 CF R. For purposes o f i n terfa cing with 40 CFR and unless the context clearly

indicates other

wise, the following terms apply

. (1) "Administrator " is sy nony mous with Ex ecutive D irec tor. ( 2) "EPA" is sy

nony mous with Department of Environmental Qua lity

(DEQ)

.
SUBCHAPTER 3. AIR QUA LITY S TANDARD S AND INCREMENTS

Section 252:100-3-1. Purpose 252:100-3-2. Primary

standards 252:100-3-3. Secondar

y standards 252:100-3-4. Significa

nt deteriora

tion increments

252:100-3- 1. P urpose The purpose of this Subchapter is to enumer ate the primary and secondary ambient air quality standards a

nd the sig nificant de teriora tion increments.

252:100-3- 2. P rim ary standards The table in Appendix E of this chapte r enume rate s the primary ambient air qua lity

standards.

10252:100-3- 3. Secondary standards

The table in Appendix F of this Chapter enumer ates the seconda ry ambient air quality standards.

252:100-3- 4. Sign if

icant deter ioration increm ents (a) Significa

nt deter ioration, as used in the phrase P reve ntio n o f S ignif icant Deteriora tion (PSD),

means an incre ase in ambient ai r pollution above a baseline plus a specific increment allowed for one of thre e cla sses of ar eas. See OAC 252:100-8, Part 7. (b) The a llowable incr ements ar e as f ollows: (1) Class I

Are as:

2 .5 (A) PM (ef

fec tive October

20, 2011): (i) annual arithmetic mean: maxi m u m allowable incre ase is 1 microg ram per cubic
meter. (ii) twenty -four hour maxi mum: maxi mum allowable incre ase is 2 microg rams per cubic
meter.

1 0 (B ) PM : (i) annual arithmetic mean: maxi mum allowable incre ase is 4 microgr am s per cubic
meter. (ii) twenty -four hour maxi mum: maxi mum allowable i n crease is 8 microg rams per cubic mete r. (C) Sulfur diox ide: (i) annual arithmetic mean: maxi mum allowable incre ase is 2 microg rams per cu b i c meter. (i i) twenty -four hour maxi mum: maxi mum allowable incre ase is 5 microg rams p er cubic mete r. (iii) three -hour maxi mum: m ax i m u m allowable incre ase is 25 microg rams per cubic
meter. (D) Nitrog en diox ide (ef fec tive May 11, 1991), annual arithmetic mean: maxi mum allowable inc rea se is 2.5 microg rams per cubic mete r. (2) Class I I Are as:

2 .5 (A) PM (ef

fec tive October

20, 2011): (i) annual arithmetic mean: maxi mum allowable incre ase is 4 microg rams per cubic
meter. (ii) twenty -four hour maxi mum: maxi mum allowable incre ase is 9 microg rams per cubic
meter.

1 0 (B ) PM : (i) annual arithmetic mean: maxi mum allowable increa se i s 17 microg rams per cubic
meter. (ii) twenty -f

o ur hour maxi mum: maxi mum allowable incre ase is 30 microg rams per cubic mete r. (C) Sulfur diox ide: (i) annual arithmetic mean: maximum allowable increa se i s 20 microg rams per cubic
meter. (ii) twenty -four hour maxi mum: m ax imum allowable incre ase is 91 microg rams per cubic mete r. (iii) three -hour maxi mum: max imum allowable incre ase is 512 microg rams per cubic
meter. (D) Nitrog en diox ide (ef fec tive May 11, 1991), annual arithmetic mean: maxi mum allowable inc rea se is 25 microg rams per cubic mete r. (3) Class I I I Are as:

2 .5 (A) PM (ef

fec tive October

20, 2011): (i) annual arithmetic mean: maxi mum allowable incre ase is 8 microg rams per cubic
meter. (i i ) twenty -four hour maxi mum: maxi mum allowable incre ase is 18 microg rams p er cubic mete r.

1 0 (B ) PM :

11(i) annual a rithmetic mean: maximum allowable inc rea se is 34 microg rams per cubic
meter. (ii) twenty -four hour maxi mum: m ax imum allowable incre ase is 60 microg rams per cubic mete r. (C) Sulfur diox ide: (i) annua l arithmetic mea n: maxi mum allowable increa se i s 40 microg rams per cubic
meter. (ii) twenty -four

hour maxim um: maxi mum allowable incr ease is 182 microg rams per cubic mete r. (iii) three -hour maxi mum: maxi mum a llowable incre ase is 700 microg rams per cubic
meter. (D) Nitrog en diox ide (ef fec tive May 11, 1991), annual arithmetic mean: maxi mum allowable inc rea se is 50 microg rams per cubic mete r.

SUBCHAPTER 4. NEW SOURCE P ERF ORMANC E ST ANDAR DS [REVOK

ED]

Section 252:100-4-1. Purpose [REVOKED] 252:100-4-2. [R EVOKED ] 252:100-4-3. Refer ence to 40 CFR [ REVOKED] 252:100-4-4. [R EVOKED ] 252:100-4-5. I ncorpor ation by ref ere nce [REVOKED]

252:100-4- 1. P urpose [REVOK ED]

252:100-4- 2. [REVOK

ED]

252:100-4- 3. Refere nce to 40 C F R [REVOK ED]

252:100-4- 4. [REVOK

ED]

252:100-4- 5. Incorporation by refere nce [REVOK ED]

SUBCHAPTER 5. REG ISTRATIO N, EMISSIO N INVENTORY AND ANNUA L OP ERATING F EES

Section 252:100-5-1. Purpose 252:100-5-1.1. Def

initions 252:100-5-2. Reg istration of potential source s of air c ontaminants 252:100-5-2.1. Emission i nventory 252:100-5-2.2. Annual oper ating fee s 252:100-5-2.3. Annual oper ating fee s for a rea source s of air pollution 252:100-5-3. Confidentiality of propr ietary

information

252:100-5- 1. P urpose This Subchapter require s potential source s of air contaminants to r eg ister with the Division. I t also require s fac iliti es t h at em i t air contaminants to file an emission inventory and pay annual

opera ting f

ees.

252:100-5- 1.1. Defini tions The following words and terms when used in this Subchapter shall have the following meaning unless the context clear ly indicates other

wise:

12"Actual em ission s" means the total amount of any reg ulated air pollutant actua lly emitted from

a g iven fac ility during a particula r cale ndar y ear , deter

mined using methods contained in 252:100-5- 2.1(d). "Allow able em ission s" means: (A) The total amount of any reg ulated air pollutant emitted based on limit s contained in an enf orce able pe rmit or potential to emit, or (B ) For g randf

ather ed source s, emission limits based on maxi mum desig n capa city and considering all applicable rules.

" Con sume r P rice Ind ex" means an index deter mined by the U.S. Depa rtment of L ab o r measuring the chang e in the cost of ty pical wag e-e arne r purcha ses of g oods and service s expressed

as a pe rce ntag e of the cost of these same g oods and ser vices in a ba se per iod. "Date of billin g" means the date the fee was billed. I n the ca se no fe e wa s billed beca use the

owner or opera

tor failed to submit the require d annual emission inventor y , the date of billing shall

mean the date on which the fee would have been billed had the emission inventory been submitt ed when due

. "Emission inventory" means a compilation of all point source , storag e and proce ss fug itive air emissions for all regulated air pollutants at a g iven fa cility

. "Error" means, with reg ard to fee s, a fee overpa y ment made as a result of a mistake on the part of t he DEQ i n i n voicing or t he part of t he owner or operator in calc ulating emissions. I t does not

mean a mistake made in the decision to use or not to use a par ticular e mission factor or me thod of calc ulation. "Grandfath ere d sou rce " means a stationary

source that was in ope ration in Oklahoma whe n

an otherwise applicable rule was promulg ated unless that rule specific ally applies to exis ting source s or the sourc e has unde rg one modifica tion since that rule wa s promulgated. "Minor f acility" means a

fac ility which is not a Part 70 sourc e. "Pr ocess F ugitive Em ission s" means those emissions cre ated by or incidental to any particula r proce ss which become airborne or have the potential to become airborne

, and could not rea sonably

, taking into acc ount economic considerations, be made to pass throug h a stack, chimney

, vent or other functionally

equivalent ope ning. "Regulated pollu tant (for fee calculation)"

, which is used only for p urposes of this Subchapter , means a

ny "r eg ulated air

pollutant" except the f

ollowing: (A) Carbon monoxi de. (B ) Gross par

ticulate matter

(GPM).

252:100-5- 2. Registr ation of potential sources of air contam inan ts (a) F ilin g. I n addition to any require ments fo r the submissi on of information found in any other
reg ulation in this C hapter , the owner or oper ator of an air contaminant source shall, upon reque st, provide the Division with information nece ssary to evalua te the source ' s potential fo r ca u sing air pollution. (b) Nec essary inform ation. The following information shall be include d for e ach sour ce: (1) Total weig ht of the conta minant relea sed per day

. (2) Period or per iods of opera tion. (3) Composit ion of the conta minant. (4) Phy sical state of

the contaminant. (5) Temper ature and moi sture content of t he air or gas stream at the point where rele ased into the atmosphere

. (6) Effic iency

of any control devic e. (7) Such other infor

mation as may

be spec ifically

reque sted by

the Dire ctor.

252:100-5- 2.1. Em ission inventory (a) Requirement to fi le an em ission inventory. The owner or operator of any fac ility that is a

source of air contaminants shall submit a complete emission inventory annually on forms obtained from the Division.

13(1) Ge neral requirem ents. The inventory shall cover operations during a cale ndar y ear and

shall be submitt ed prior to April 1 of the following y ear

. Upon rec eiving a written demonstration of g ood cause the Dire ctor may g rant a n extension for submitt al bey ond the April 1 dea dline. (2) P erm it by rule. The owner or operator of a fac ility reg istered u n d er a permit by rule as

o utlined in Subchapter 7 and emitting 5 tons per y ear or less of eac h reg ulated air pollutant is require d to submit an emission inventory for that fac ility once ever y 5 y ear s. The inventory shall

cover opera

tions during the last y ear of eac h 5-y ear period and be submitt ed by Marc h 1 of the following y ear

. (3) P erm it exem p t facili ties and de m inimis facili ties

. The owner s or operators of permit exempt fac iliti es or de minimi s fac iliti es, as these terms are define d in OAC 252:100-7-1.1, are not require d to submit an annua l emission inventory

. (4) Special in ventorie s. Upon re quest by the Direc tor, the owner or opera tor of a fa cility

that emits or has the potential to emit any reg ulated air pollutant shall file an emission inventory with the Division. The Direc tor is authorized to reque st this inventory when emission rela ted data is

nece ssary for p r o g r a

m planning or compliance with State or Fe dera l rules, reg ulations, standards,

or re quirements. (b) Content. All inventories submitt ed to the Division shall include, but shall not be limit ed to, the following : (1) For those emissions subject to a permit, the permit number and the p er m i t t ed all owable emissions as set forth there in. (2) The amount of the actua l emissions, including quantifiable excess emissions, a nd the basis for such deter

mination. I f the total actua l emissions of any reg ulated air pollutant from a fac ility
vary from the allowable or from the previous y ear ' s actua l by more than 30%, t h e Depa rtment
may require the owner or opera tor to p ro v i d e an explanation for the differ ence in order to deter mine compliance with the Oklahoma Clean Air Act or any rule promulg ated there under, or any permit condition presc ribed or or der issued pur suant there to. (3) For those emissions not the subject of a permit and when reque sted by the AQD, a list of all OAC 252:100 rules setting forth emission limit ations applicable to the fac ility in question and the maxim um y ear ly

allowable f

or the fa cility

. (c) Docum entation. All calc ulations and assumptions must be verifie d by proper documentation. All supporting da ta, including actua l production, throug hput and measur ement re cords a long w ith
eng ineer ing calc ulations and other data utiliz ed in acc ordanc e with OAC 252:100-5-2.1(d) must be maintained for at least 5 y ear s by the curr ent owner or operator at the fac ilit y in conjunction with fac ility rec ords of the emission inventory

. This information must either be submitt ed to the Division or made available for inspec tion upon request. (d) Met hod of calculation. The best available data at the time the emission inventory is or should have been prepa

red shall be used to d et er m ine emissions. I t shall be the burden of the owner or opera tor to selec t the best available data, based on an acc eptable method of calc ulation. The method of ca l culation used to deter mine emissions shall be binding upon the owner or operator and the Division for the purpose of calc ulating fee s under OAC 252:100-5-2

. 2 u n l es s challeng ed by the

owner or opera

tor prior to September 1 of the y ear the inventory is due or by the Division within six (6) months af

t er the date the inventory is rec eived. Acc eptable methods of calc ulation for deter mining ac tual emissions are: (1) Emission fac tors utiliz ed in the iss u an ce of a curr ently applicable Oklahoma Air Quality permit(s) f

or the fa cility

. (2) Stack tests using appropr iate EPA test methods, with a dvance notification and opportunity for obse rvation by

the Division. (3) Stack tests using appropr iate EPA test methods may be used for deter mining the emissions of identical equipmen t (i

. e., same model, same location, and same operating conditions and

para meters) when: (A) Tests are perf

ormed by persons qualified by training and experience to perf orm said
tests. (B ) Copies of the test re sults and methods are a vailable f or re view by

the Division.

14(4) Continuous emissions monitoring data, when s upported by require d cer tification and calibra tion data. (5) Current AP-42 f

actor s or other f

actor s acc eptable to the D ivision. (6) Manufa cture r' s test data, whe n approve d by the Division as reliable

. (7) EPA and EPA-contra cted industry -spec ific emission study data when it can be shown to be

ap p l i cable to the fac ility in question and approve d for use in the emission invento ry b y t h e Division. (8) Fue l usag e and other mass-bala nce methods when supported by specific rec ords applicable

t o the materia ls on which the calc ulations are based and approve d for use in the emissi o n inventory by the Division. (9) Any other m et h o d that can be shown to be rea sonably acc urate when supported by
eng ineer ing data and calc ulations, and approve d for use in t h e emission inventory by the Division. (e) Met hods of verification. Emission inventories deter mined by the Division to be substantially incomplete or substantially incorre ct shall, upon th e r e q u est of the Division, be subject to verific ation if not satisfac t o ri l y co mpleted or corr ecte d within a rea sonable time. Ver ification shall be

acc omplished by an appropr iate stack test using EPA approve d methods, installation of continuous monitoring e quipment, or other methods a cce ptable to the Division. (f) Cer tification. The emission inventory shall contain cer tification by a responsible officia l of the truth, acc urac y , and completene ss of the document. This cer tification shall be s i gned by a responsible officia l a

nd shall contain the following lang uag e: "I cer tify , based on information and belief formed af

t er re asonable inquiry

, the statements and information in the document are true,

acc urate , and complete ."

252:100-5- 2.2. Annu al operating fees (a) Appli cability. (1) OAC 252:100-5-2.2 applies to all fac iliti es that are source s of air pollution, including
g overnme nt fac iliti es, reg ardle ss of whether the source is curr ently permitted o r whether an emission inventory has or has not at any time been submitt ed for the fac ility

. The owner s or opera tors of Part 70 source s shall pay annual fee s that are sufficie nt to cover the Part 70 prog ram costs. The permitting authority shall ensure that the fee s require d by OAC 252:100-5-2.2(b) (2) will be used solely

for Par t 70 prog ram c osts. (2) OAC 252:100-5-2.2 doe s not apply to de minimis fac iliti es or to per mit ex empt fac iliti es. (b) F ee sc hedul e. (1) Minor facili ties. Be g inning J uly 1, 2008, annual operating fee s invoiced for minor fac iliti es

s hall be $25.12 per ton of reg ulated air pollutant (for fee calc ulation). The invoiced annual

opera ting fee s shall be discounted appropr iately in any g iven y ear if the Depa rtment deter

mines that other reve nues, including appropr iated state g ener al reve nue funds, have incre as ed sufficie ntly

to adequa tely

fund the a ir prog ram. (2) P art 70 Sources. Be g inning J uly 1, 2008, annual opera ting fee s invoiced for Part 70 source s shall be $32.30 per ton of reg ulated air pollutant (for fee calc ulation) and shall be adjusted eac h

y ear pursuant to (b)( 3) of this section. The invoiced CPI -adjusted annual operating fee s shall be discounted appropr i at ely in any g iven y ear if the Depa rtment deter

mines that other reve nues, including appropr iated state g ener al reve nue funds, have i n cr ea s ed sufficie ntly to adequately fund the a ir prog ram. Any discount would not affe ct CPI adjustments. (3) Use of Consume r P rice Ind ex (CP I) to adjust annu al operating fees. Annual opera ting fee s for Part 70 source s shall be adjusted a utomatically

eac h y ear by the per centa g e, if any , by which the CPI for the most rec ent cale ndar y ear ending befor e the beg inning of such y ear differ s from the CPI for the cale ndar y ear 2007. The CPI for any cale ndar y ear is the aver ag e of the CPI for all-urba

n consumers published by the Depa rtment of L abor, as of the clo s e o f the twelvemonth period ending on Aug ust 31 of eac h cale ndar y ear

. (c) P aym ent. (1) Fe es are due and pay able on the invoice due date( s). Fe es shall be considere d delinquent 30 day s afte r the invoice due date( s). Wit hin five (5) y ear s but not befor e a g rac e period of 120 day s

15from the invoice due date, the DEQ may issue an administrative order to r ecove r such fee s and

may assess a rea sonable administrative fine in acc ordanc e with the provisions of the Oklahoma Clean Air Act, 27A O.S. §§ 2-5-101 et seq. , to an owner or operator of a fac ility who has failed to pay or has unde rpaid such f

ees. (2) I f an owner or operator has failed to submit the require d annual emission inventory

, the DEQ
may issue an ad m i nistrative order to rec over fee s that would have been invoiced had the emission inventory been submit ted when due. The DEQ may issue su ch o rd er within five (5)

y ear s from the date of billing and may assess a rea sonable administrative fine in acc ordanc e with the provisions of the Oklahoma Clean Air Ac t, 27A O.S. §§ 2-5-101 et seq. (3) When a fee overpa

y ment h as b ee n m ade as a result of an err or, an owner or operator may seek a cre dit for such fee overpa y ment within five y ear s from the date on which pay ment of the fee was re ceive d by

the DEQ. (d) Basis f

or annual operating fees. (1) Oper ating fee s shall be calc ulated on a source -spec ific basis and based on actua l emissions of reg ulated pollutants (for fee calc ulation) as set forth in the fac ility emission inventory unless the owner or oper ator e lects to pay

fee s on allowable e missions

. (2) Reg ulated pollutants (for f ee calcula tion) in excess of 4,000 tons per y ear per pollutant for a Part 70 sourc e shall not be c onsidered in the c alculation of the annual f ee.

252:100-5- 2.3. Annu al operating fees for area source s of ai r pollution

The Depa

rtment of Environmental Quality is delay ing implementation of the new are a source opera ting fees adopted i n 2011. The Oklahoma Used Tire Recy cling Act 27 A, O.S

. § 2-11-401 et
seq. wa s adopted in 2011 and desig ned to supplement the new are a source operating fee prog ram. There fore

, DEQ will not assess the are a source annual operating fee s in OAC 252:100-5-2.3 at this time.

(a) Appli cability. Are a source s as define d in 40 CFR § 63.2 that are not subje ct to the permitting require ments in OAC 252:100-7 or 252:100-8 but are subject to one or more National Emission Standards for Hazardous Air Pollut ants at 40 CFR Part 63, are subject to annual operating fee s as provided in this section. (b) F ee sc hedul e. (1) Gasoline disp ensing facili ties. Gasoline dispensing fac ility are a source s that are subject to 40 CFR Part 63, Subpart CCC CCC

, National Emission Standards for Hazardous Air Pollut ants for Source C ateg ory : Gasoline Dispensing Fa cilities, but not subject to the permitting require ments in OAC 252:100-7 or 252:100-8 shall pay an annual opera ting fee based on aver ag e monthly g asoline throug hput. (A) Ga s o l i n e s tations with throug hput of 10,000 g allons or less shall pay an annual

opera ting f

ee of $250. (B ) Gasoline stations with throug hput of more than 10,000 g allons but less than 100,000
g allons shall pay

an annua l opera ting f

ee of $500. (C) Gasoline stations with throug hput of 100,000 g allons or more shall pay an annual

opera ting f

ee of $750. (2) Gasoline distribution bul k ter m inals , bul k pl ants, and pip eline facili ties. Are a sourc e g asoline distribution bulk terminals, bulk plants, and pipeline fac ilitie s that are subject to 40 CFR Part 63, Subpart BB BB BB

, National Emission Standards for Hazardou s Ai r P o llutants for Source Categ ory : Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Fa cilities, but
not subject to the permitting require ments in OAC 252:100-7 or 252:100-8 shall pay an annual

opera ting f

ee of $500. (3) Other existing area sources. Are a source s as define d in 40 CFR § 63.2 that are not subject to the permitting r equire ments in OAC 252:100-7 or 252: 100-8 but are subject t o an emission standard, equipment standard, or work prac tice standard in any fede ral NESHAP (40 CFR Part 63) shall pay

an annua l opera ting f

ee of $250.

16(c) P aym ent. Are a source s that are assessed annual operating fee s are subject to the provisions of

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

. (d) P rovisions fo r f

ee adjustm ent

. The invoiced annual operating fee s shall be discounted

appropr iately in any g iven y ea r i f the Depa rtment deter

mines that other reve nues, including

appropr iated state g ener al reve nue funds, h av e i ncre ased sufficie ntly to adequately fund the air
prog ram.

252:100-5- 3. Conf

identiali ty of proprietary inform ation [R efe r to 27A O.S. § 2-5-105.18.]

SUBCHAPTER 6. P ERMITTING [R EVOKED]

P ART 1. G ENERAL PR OVISIONS AND DEF INITIONS [REVOKED]

Section 252:100-6-1. Purpose [REVOKED] 252:100-6-2. Def

initions [R EVOKED ] 252:100-6-3. Uniform per mitti ng proce sses [R EVOKED ]

P ART 3. TYP ES O F P ERMITS AND OTHE R AUTHORIZA TIONS [REVOKED]

252:100-6-30. Authorizations in gene ral [REVOKED] 252:100-6-31. Dual sy stem of construc tion and operating pe rmits [ REVOKED] 252:100-6-32. Permit modifications [ REVOKED] 252:100-6-33. Other a ir quality authorizations [ REVOKED]

P ART 5. AP P LICATION AND AP P LICATION PR OCESS ING[REVOK ED]

252:100-6-50. Uniform proc esses a pplied to air quality

applications [REVOKED]

P ART 1. G ENERAL PR OVISIONS AND DEF INITIONS [REVOKED]

252:100-6- 1. P urpose [REVOKED]

252:100-6- 2. Defini tions [REVOKED]

252:100-6- 3. Unif

orm perm itting processes [ REVOKED]

P ART 3. TYP ES O F P ERMITS AND OTHE R AUTHORIZA TIONS [REVOKED]

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

252:100-6- 31. Dual system of construction and operating perm its [REVOK ED]

252:100-6- 32. P erm it m odif ications [REVOKED]

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

P ART 5. AP P LICATION AND AP P LICATION PR OCESS ING[REVOK ED]

252:100-6- 50. Unif

orm processe s app lied to air qual ity appl ications [REVOKED]

SUBCHAPTER 7. P ERMITS FOR M INOR F ACILITIES

17P ART 1. G ENERAL PR OVISIONS

Section 252:100-7-1. Purpose 252:100-7-1.1. Def

initions 252:100-7-2. Requirement f or per mits for minor fac iliti es 252:100-7-2.1 Minor permits for g ree nhouse g as (GH G) e mitti ng fac iliti es

P ART 2. P ERMIT AP P LICATION FEES

252:100-7-3. Permit application fee s 252:100-7-4. Annual oper ating permit fee s applicable to minor and major sourc es [REVOKED]

P ART 3. CONSTRUCTION P ERMITS

252:100-7-15. Construction permit 252:100-7-16. Stack heig ht limi tation [ REVOKED]

P ART 4. OP ERATING P ERMITS

252:100-7-17. Relocation per mits for portable sourc es 252:100-7-18. Oper ating permit

P ART 5. P REVENTION OF SIGN IF ICANT DETERIORATION (PSD)

REQUIREMENTS FOR ATTAINMENT AREAS

252:100-7-30. Applicability 252:100-7-31. Def

initions [R EVOKED ] 252:100-7-32. Source a

pplicability

deter mination 252:100-7-33. Review, a

pplicability

and exemptions [ REVOKED] 252:100-7-34. Control technolog y 252:100-7-35. Air quality impact eva luation 252:100-7-36. Source impac ting Class I are as [REVOKED] 252:100-7-37. I nnovative contr ol technolog y

P ART 7. MAJOR SOURCES AF F ECTING NONA TTAINMENT AREAS

252:100-7-50 Applicability 252:100-7-51 Def

initions [R EVOKED ] 252:100-7-52. Source a

pplicability

deter mination 252:100-7-53. Ex emptions 252:100-7-54. Requirements for source s located in nona ttainment are as

P ART 9. P ERMITS BY RULE

252:100-7.60 Permit by

rule 252:100-7-60.1 Cotton gins 252:100-7-60.2 Gra in elevator s 252:100-7-60.3 Particulate ma tter emissions 252:100-7-60.4 VOC storag e and loa ding f acilities

P ART 1. G ENERAL PR OVISIONS

252:100-7- 1. P urpose

18This Subchapter se ts forth permit applica tion fees a nd the basic substantive r equire ments for permits for minor fa cilities.

252:100-7- 1.1. Defini tions The following words and te rms when use d in this S ubchapte r shall have the following meaning unless the context clear ly indicates other

wise: "Actual em ission s" means the total a mount of any reg ulated air pollutant actually

emitted from a g iven fa cility

during a par

ticular c alenda

r y ear , deter

mined using me thods contained in OAC 252:100-5-2.1(d)

. "Best Availabl e Contr ol Technology" or "BACT" means the be st control technolog y that is curre ntly

available as dete rmined by the Dire ctor on a

case -by -ca se basis, taking into account

ener g y , environmenta l, and ec onomic impacts and other costs. "Com m ence" means, a s applied to the construc tion or modification of a minor f acility to which neither

a NSPS or NESHAP applies, that the owner or oper ator ha s beg un the construc tion or installation of the emitting e quipment on a pad or in the final loca tion at the fac ility

. "De m inimis facility" means a fac ility that meets the re quirements conta ined in para g raphs (A) a nd (B ) of this definition. (A) All the air pollutant emitting a ctivities at the fac ility are on the de minimis li st contained in Appe ndix H or the f acility meets all of the f

ollowing de minimi s criter ia: (i) The fa cility

has ac tual emissions of 5 tpy or less of e ach r eg ulated air pollutant, except that fra ction of par ticulate matter

that exhibi ts an ae rody

namic par ticulate diameter of more tha

n 10 micrometer s ( ì m). (ii) The fa cility

is not a "ma

jor source " a s defined in OA C 252:100-8-2. (iii) The fa cility

is not a "ma

jor stationary

source " a s defined in OA C 252:100-8-31 for f acilities in attainment are as. (iv) The fac ility

is not a "ma

jor stationary

source " a s defined in OA C 252:100-8-51 for f acilities in nonattainment are as. (v) The fa cility

is not operated in c onjunction with another fa cility or sourc e that is subject to air qua lity

permitting. (vi) The fac ility

has not opted to obtain or re tain an Air Q uality Division permit. (B ) The fa cility

is not subject to the Fede ral NSPS (40 CFR Part 60) or the F eder al NESHAP (40 CFR Parts 61 and 63)

. "Fac ility" means a ll of the pollutant-emitting ac tiviti es that mee t all the following conditions: (A) Are under c ommon control. (B ) Are located on one or more c ontiguous or a djace nt properties. (C) Have the same two-dig it pr imary SI C Code (as descr ibed in the Standard I ndustrial Classification Manual, 1987). "Hazardous Air P ollutan t" or "HAP" means an y hazardous air pollutant reg ulated under Section 112 of the F eder al Clean Air A ct, 42 U.S.C. Section 7412, and subject to NESHAP. "Minor f acility" means a

fac ility which is not a Part 70 sourc e. "National Em ission Stand ards for Hazardous Air P ollutan ts" or "NES HAP " means those

s t an dards as published by the Admi nistrator of the U.S

. Environmental P rotec tion Ag ency (E P A) pursuant to Section 112 of the F eder al Clean Air A ct, 42 U.S.C. Section 7412. "New portable source" means a portable source that has never operated withi n t h e S t at e of Oklahoma. This includes source s that are initially constructe d and exis ting fac iliti es that are reloc ating into Oklahoma from a nother state. "New Source P erform ance Stand ards" or "NSPS" means those standards found in 40 CFR Part 60. "Pe rm it exe m pt facili ty" means a fac ility that: (A) has actua l e missions in e very cale ndar y ear

that are 40 tpy

or less of eac h reg ulated air pollutant; (B ) is not a de minimis facility as def ined in OAC 252:100-7-1.1; (C) is not a "ma

jor source " a s defined in OA C 252:100-8-2 for Par t 70 sources;

19(D) is not a "ma jor stationary source " as define d in OAC 252:100-8-31 for PSD fac iliti es in attainment are as; (E) is not a "major stationary source " as define d in OAC 252:100-8 -5 1 for fac iliti es i n nonattainment ar eas; (F ) is not operated in conjunction with another fac ility or source that is subject to air quality permitting; (G) is not subject to an emission standard, equipment standard, or work prac tice standard in the Fe dera l NSPS (40 CFR Part 60) or the Fe dera l NESHAP (40 C FR Parts 61 and 63) ; and (H) is not subject to the require ments of OAC 252:100-39-47. "Por table source" means a source with desig n and intended use to allow disassembly or reloc ation. "Relocate " means to move a source from one g eog raphic al location to another

. The term does not include minimal moves within t he fa cility boundarie s. "Regulated air p ollutan t" means any substance or g roup of substances list ed in Appendix P of this Chapter, or any substance reg ulated as an air pollutant under any fede ral reg ulation for which the Depa rtment has been g iven authority

, or any other substance for which an air emission limit ation or equipment standa

rd is set by

an enf orce able pe rmit.

252:100-7- 2. Requirem ent for perm its for m inor f acilities (a) P erm it required. Ex cept as provided in OAC 252:100-7-2 and 252:100-7-18(b)

, no person may

commence construction or modification of any minor fac ility

, may opera te any new minor fac ility

, or may reloc ate any minor portable source without obtaining a permit from the DEQ. For additional

a p p li c a ti o n a n d p e r mi tt in g p r ocedur es, see OAC 252:4, Subchapter 7. Environmental Per mi t Pr o c e s s

. (b) Exceptions. (1) De m inimis facili ties. De minimi s fac iliti es are exempted from the permitting require ments of OAC 252:100-7. De minimi s fac iliti es rema in subject only to the following air quality control rules: (A) De minimis facilities must comply with OAC 252:100-13, Open B urning

. (B ) Wit h the exception of those d e minimi s cotton g in fac iliti es or g rain, fee d or seed fac iliti es that comply with the require ments of 252:100-23, Control of Emi s s i o n s from Cotton Gins or 252:100-24, Particulate M at t er E missions from Gra in, Fe ed or Seed Oper ations, de minimi s fac iliti es rema in subject to OAC 252:100-25, Visible Emissions and Particulates. (C) Wit h the exception of those de minimi s cotton g in fac iliti es or g rain, fee d or seed fac iliti es that comply with the require ments of 252:100-23, Cont ro l o f Emissions from Cotton Gins o r S u bchapte r 24 Particulate Matter Emissions from Gra in, Fe ed or Seed Oper ations, de minimi s fac iliti es rema in subject to OAC 252 : 1 0 0 -29, Control of Fug itive Dust. (D) De m i nimis fac iliti es must comply with OAC 252:100-42 Control of Tox ic Ai r Contaminants. (2) P erm i t ex emp t facili ties. Permit exempt fac iliti es are exempted from the permitting

re q uirements of OAC 252:100-7, the require ment to submit an annual emission inventory as require d by OAC 252:100-5-2.1, and the require ment to pay annual operating fee s as required by OAC 252:100-5-2.2(b)

. Permit exempt fac iliti es rema in subject to all other applicable State and F eder al air qua lity

control rules a

nd standards. (c) P erm it appl ication. (1) All applications shall be sig ned by the applica

nt. (2) The sig nature on an application for a permit shall constitute an im plied ag ree ment that the applicant shall be responsible for assuring construction or operation, as applicable

, in acc or d a n ce with the application and O AC 252:100. (3) Any applicant who fails to submit any rele vant fac ts or who has submitt ed i n co rr ec t information in a permit application shall, upon becoming awa re of such failure o r incorre ct submitt al, submit such supplementary fac ts or corr ecte d information within 30 day s unless the

20applicant' s reque st for more time has been approve d by the DEQ. I n addition, an applicant shall

provide additional information as nece ssary to addre ss any require ments that become applicable
to the source afte r the date it filed a complete application but prior to rele ase of the draf t permit. (d) Appli cability deter m ination

. Upon written reque st alo n g w ith the require d fee and any rele vant information nee ded, the DE Q will make a de termination of whe ther a permit is require d. (e) Change in perm it status. The owner or operator of a permitted fac ility may at any time notify the DEQ tha t the fac ility : (1) I s de minimis, requesting te rmination of the per mit, or (2) Qualifies for either a permit by rul e or a g ener al permit, submitt ing the appropr iate application for

such per mit, or (3) I s permit exempt, requesting termination of the pe rmit. (f) Transf

er of perm it. The transfe r of owner ship of a stationary source or a fac ility is an administrative amendment that shall subject the new owner or opera tor to exis ting permit conditions and/or compliance schedules. A new permit is not require d. The transfer or shal l n o t i fy t he DEQ using a presc ribed for

m no later than 30 da

y s following the chang e in owner ship. (g ) Em ission calculation m ethods. The methods in OAC 252:100 -5 -2

. 1 (d ) shall be used when calc ulating reg ulated air pollutant emi ssion rate s for purposes of deter mining if a DEQ-issued air quality permit is require d or wha t ty pe of pe rmit is required.

252:100-7- 2.1. Minor perm its for gree nhou se gas (G HG) em itting f acilities Gr ee n house g as (GHG ) emissions shall not be included in a minor fac ility permit nor cause a fac ility to be subject to minor fac ility permitting require ments contained in OAC 252:100-7, unless the owner or operat o r o f t h at fac ility reque sts that GHG emission limit s and/or phy sical or opera tional limit ations be included in a minor permit for the fac ility to set enfor cea ble limit s to keep potential GHG emission levels below the applicability threshold levels for the PSD construction permit prog ram and/or the Part 70 operating permit prog ram. Phy sical or oper a ti o n a l li mitations may include, but ar e not limited to, air pollution control equipment, restric tions on hours of opera tion, and/or re strictions on the ty pe or a mount of material c ombusted, stored, or pr ocesse d.

P ART 2. P ERMIT AP P LICATION FEES

252:100-7- 3. P erm it appl ication fees

Minor facili ty perm it a p p l i cation fees. A permit application or a reque st for an applicability deter mination will be assessed a on e- t i m e fe e that must acc ompany the application or reque st. Applications rec eived without appropr iate fee s are incomplete. Fe es must be paid by chec k or money order made pay able to the Depa rtment of Environmental Quality in a ccor dance with the following fee schedule : (1) Appli cability deter m ination

. $500, to be cre dited ag ainst the construction o r o p er ating permit applica tion fee, if a permit is require d. I f no permit is r equire d, the fe e will be re tained
to cover the cost of making the deter mination. (2) Construction perm it appl ication fees. (A) Permit by

rule re g istration - $250 (B ) Gene ral pe rmit authorization or NOI (Notice of I ntent) - $500 (C) I ndividual permit (initial construction or for added e missions ) - $2000 (D) Amendments of individual per mits which do not increase emissions - $500 (E) Ex tension of time and tra nsfer of owne rship - no fe e (3) Operating perm it appl ication fees. (A) Permit by

rule re g istration - $100 (B ) Gene ral pe rmit authorization - $500 (C) I ndividual permit - $750 (D) Modification of individual permit - $750 (E) Relocation - $250

21252:100-7- 4. Annu al operating perm it fees appl icable to m inor and m ajor sources [REVOK ED]

P ART 3. CONSTRUCTION P ERMITS

252:100-7- 15. Construction perm it (a) Construction perm it re qui red. A construc tion permit is required to commenc e construc tion

or installation of a new fac ility or the modification of an exis ting fac ility as specifie d in OAC 252:100-7-15(a )(1) and (2)

. (1) New F acility. No person shall cause or allow the co n s t ru ction or installation of any new minor fac ility o t h er t han a de minimi s fac ility or a permit exempt fac ility as define d in OAC 252:100-7-1.1 without first obtaining a DEQ -issued air qua lity construction per

mit. (2) Modif

ication of an existing f

acility. (A) A construction permit is require d for any modification that would cause an exis ting fac ility to no longe r qualify for de minimi s status, permit exempt fac ility status, or its curr ent permit ca teg ory

. (B ) A construction permit is require d for an exis ting fac ility cover ed by an i n d i vidual permit: (i) to add a piec e of e quipment or a proc ess that is subject to NSPS or NESHAP or (ii) t o ad d or phy sically modify a piece of equipment or a proce ss that results i n an incre ase in a ctual emissions of any one re g ulated air

pollutant by

more than 5 TPY. (b) P erm it cate gories. Three ty pes of construction per

mits are ava ilable: permit by rule, g ener al permit, and individual permit. A per mit by rule may be adopted or a g ener al per

mit may be issued for an industry if there are a sufficie nt number of fac iliti es that have the same or substantially simil ar opera tions, emissions, and activities that are subject to the same standards, limit ations, and operating and monitoring require ments. (1) P erm it by r ule. An owner or oper ator of a minor fac ility may apply for reg istration unde r a per mit by rule if the f

ollowing c riteria a

re me t: (A) The facility has actual emissions of 40 TPY or l ess of eac h regu l at ed air poll utant, except HAPs. (B ) The fac ility 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 DE Q has established a permit by rule for the industry in Part 9 of this Subchapter

. (D) The owner or opera tor of the fac ility cer tifies that it will comply with the applicable permit by rule. (E) T h e fac ility is not operated in conjunction with another fac ility or source that i s subject to air qua lity

permitting. (2) Ge neral perm it. Minor fac iliti es may qualify for authorization under a g ener al permit if the following criter ia ar e met: (A) The fac ility has actua l e missions less than 100 TPY of eac h reg ulated air pollutant, except for HA Ps. (B ) The fac ility 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 g ener al per mit for the industry

. (3) Ind ividu al perm it. The owner s or operators of minor fac iliti es requiring permits under this Subchapter which do n o t qualify for permit by rule or a gene ral permit shall obtain individual permits. An owner or opera tor may apply for an individual pe rmit e ven if the fac ility qualifies for a permit by

rule or a g ener al per

mit. (c) Content of construct ion perm it appl ication. Construction permit applications shall contain at least the data and infor mation list ed in OAC 252:100-7-15( c)( 1) and ( 2).

22(1) Ind ividu al perm it. An appli ca n t fo r an indi vidual construction permit shall provide data

and information require d by this Chapter on an application form available from the DEQ. Such data a nd information should include but not be limited to: (A) site information, (B ) proce ss description, (C) emission data, (D) BA CT when re quired, (E) sampling point data and (F ) modeling data when r equire d. (2) Ge neral perm it. An applicant for authorization under a g ener al per

mit shall provide data and information require d by that permit on a form available from the DEQ. For g ener al permits that provide for application throug h the filing of a notice of intent (NOI ), authorization under the
g ener al per

mit is eff ective upon r ece ipt of the NOI

. (d) P erm it contents. The c onstruction permit: (1) Shall require the permittee to c omply with all applicable a ir pollution rules. (2) Shall prohibit the exceeda nce of ambient air quality standards contained in OAC 252:100-3. (3) May establish permit conditions and limit ations as nece ssary to assure compliance with all rules. (e) F ailure to com ply wi th a construct ion perm it. A violation of the limit ati o n s o r conditions contained in the construction permit shall subject the owner or operator of a fa ci l i t y t o any or all enfor ceme nt penalties, including permit rev o c a ti o n , a v a il a b le u n d er the Oklahoma Clean Air Act and Air Pollut ion Control Rules. No opera ting permit will be issued until the violation has been resolved to the satisfac tion of the DEQ. (f) Cancellation of authority to construct or m odif y. 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 commence d within 18 months of the permit issuance date, or if work is suspended for more than 18 months after it has c ommenced. (g ) Extension of

authorization to constructor m odif y. (1) Prior to the permit expiration date, a permittee may apply for extension o f t h e permit by

wr itten reque st of the DEQ stating the rea sons for the delay /suspension and prov i d i n g justification for the e x tension. The DEQ may g rant: (A) one extension of 18 months or less or (B ) one extension of up to 36 months wh er e t h e applicant is proposing to expand an alre ady exis ting fac ility to acc ommodate the proposed new construction or the applicant has expended a signific ant amount of money (1% of total projec t cost as identified in the orig inal application, not including land cost) in prepa ration for meeting the definition of "c ommence construction" at the propose d site. (2) I f construction has not commence d within three (3) y ear s of the eff ective date of the orig inal permit, the permittee must undertake and complete an appropr iate available control technolog y revie w and an air q u al i t y analy sis. This revie w must be approve d by the DEQ befor e construction may

commence

.

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

P ART 4. OP ERATING P ERMITS

252:100-7- 17. Relocat ion p erm its for portable sources Relocation permits may be issued to portable source s deter mined to be operating in compliance with any permit or all applica

ble air qua lity

control rule( s). (1) P erm it Required. A reloc at i o n p ermit issued by the DEQ shall be require d for the reloc ation of any portable source from one site to another

. A reloc ation permit does not take the place of an opera

tin g permit. Any purported or attempted relocation of such a source without such permit shall automatically void the opera ting permit or the g randf

ather exemption for that

source

.

23(2) Appli cability and perm it duration. The reloc ation of portable source s shall be limit ed to

previously permitted or exis ting source s within attainment reg ions of this state and shall be valid for only two y ear s. Fa ilure of the source to chang e its locale within the two-y ear time period will be considered prima fac ie evidence that the s ource is a st ationary source an d subject i t, at t hat time, to permit analy sis require ments as sta t ed i n 2 5 2:100-7-15(c ) to deter mine whether a modification of the ope rating permit is nece ssary

.

252:100-7- 18. Operating perm it (a) P erm i t re q u i re d

. An opera ting permit is require d for a minor fac ility as specifie d in OAC 252:100-7-18(a )(1) and (2)

. (1) New f acility. No person shall cause or authoriz e the operation of a new minor facility for more than a

60-day period without apply ing f or a D EQ-issued a ir quality operating pe rmit. (2) Modif

ication of an existing facili ty. No person shall cause or authorize the operation of a

m i n o r fac ility modified pursuant to OAC 252:100-7-15(a )(2) for more than a 60-day period without apply ing f

or a D EQ-issued a ir quality opera ting pe rmit. (b) Adm ini s trative perm it am endm ent. An administrative permit amendment to an operating permit does not re quire a

prior construc tion permit. Ex cept for corr ection of ty pog raphic al er

rors, application for an administrative permit amendment shall be made to the DEQ in writing within 30 day s of the date the chang e occur red. Application for corr ection of ty pog raphic al err ors can be made at any time. An administrative per mit amendment can be made to: (1) corr ect ty

pog raphic al er

rors; (2) identify a chang e in name, addre ss, or phone number of any person identified in the permit, or provide a

simil ar minor a dminist rative c hang e at the f acility ; (3) require more fr equent monitoring or re porting by the per mittee; and/or (4) allow other permit amendments that are not phy sical or operational chang es and that do not result in an incr ease in emissions. (c) Denial or revoc ation of a perm it to operate

. No owner or opera tor shall cause or authorize the

opera tion of a minor fa cility if the DEQ de nies or re vokes a pe rmit to operate. (d) P erm it Cate gories. Three ty pes of operating permits are available

. See OAC 252:100-7-15(b) for a complete de scription of the pe rmit categ ories. (e) P erm it appl ication requirem ents. An operating permit application shall meet the following require ments. (1) New or m odif

ied facili ty. An operating permit application mus t co n t ai n the following information. (A) Appli cation content. Application shall be made on a form provided by the DEQ. An applica tion shall contain: (i) The propose d operation start-up date, or phased dates when a

pplicable. (ii) Revisions to the installation/construction, if any , that differ ed from the construction desig n and plan g iven in the per mit application material, da ta and spe cifications. (B ) Em ission test s. Be fore a permit to operate a new o r m o d ified minor fac ility is
g rant ed

, t he applicant, if require d by the DEQ, shall conduct emission tests in acc ordanc e with methods approve d by the DEQ with the tests being made at the expense of the applicant. The DEQ shall be g iven advanc e no t i ce of the tests, may monitor perf ormanc e tests conducte d by the app l i ca nt, and may also conduct emissions tests. The results of any require d test must be provided to the DEQ a long w ith supporting informa tion as require d. (2) Contents of an app lication f or an adm inis trat ive perm it am endm ent. The application
may be made on the DEQ a

pplication form or it may be in letter f

orm. The a

pplication shall: (A) descr ibe the cha

ng e to be made to the permit, (B ) include the da te the cha ng e occ urre d, (C) identify

the fa cility

and sourc e involved, and (D) be sig ned by

the applica

nt. (f) Operating perm it conditions

. (1) Emission limit ations established and made a part of the construction permit are incorporated into and become enfor cea ble limitations of the subseque ntly issued opera

ting pe rmit.

24(2) Permit limit at i o n s in adjustment of, or in addition to, the fac ility ' s construction permit

limit ations may

be made a condition of the f acility ' s opera ting pe rmit issuance.

P ART 5. P REVENTION OF SIGN IF ICANT DETERIORATION (PSD)

REQUIREMENTS FOR ATTAINMENT AREAS

252:100-7- 30. Appli cability [AMENDED AN D RENUM BERED TO 252:100-8- 30]

252:100-7- 31. Defini tions [REVOKED]

252:100-7- 32. Source appl icabil ity deter m ination [AM ENDED AND RENUMBERED TO

252:100-8- 32]

252:100-7- 33. Review, appl icability an d exem ptions [REVOKED]

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

252:100-7- 35. Air qual ity im pact evaluation [AM ENDED AND RENUMB ERED TO 252:100-

8-35]

252:100-7- 36. Source im pacting Class I areas [REVOK ED]

252:100-7- 37. Inn ovative control tec hnol ogy [ A M EN D ED A N D R EN U M BE R

ED TO 2 52:100- 8-37]

P ART 7. MAJOR SOURCES AF F ECTING NONA TTAINMENT AREAS

252:100-7- 50. Appli cability [AMENDED AN D RENUM BERED TO 252:100-8- 50]

252:100-7- 51. Defini tions [REVOKED]

252:100-7- 52. Source appl icability deter m ination [AM ENDED AND RENUMBERED TO

252:100-8- 52]

252:100-7- 53. Exem ptions [AMENDED AND R ENUMBERED TO 252:100-8-53]

252:100-7- 54. Requirem ents for sources locate d in nonattainme nt areas [AM ENDED AND

RENUMBERED TO 252:100-8-54]

P ART 9. P ERMITS BY RULE

252:100-7- 60. P erm it by rule (a) Appli cability. A m i n o r facility may be constructe d or operated under this rule and will be exempt from any other permitting require ments in this Chapter if it meets the require ments of 100-7- 15(b)( 1) and this Part. (b) Ge neral re qui rem ents. (1) To construct or opera te a fac ility under a permit by rule, the owner or opera tor should submit

a letter to th e Di v i s ion reque sting reg istration under the appropr iate permit by rule. The letter must contain written ce rtification by the owner

or oper ator that the facility will be constructe d

or opera ted in compliance with such permit by rule. A constru ct i o n o r o p erating permit application fe e, as spe cified in 252:100-7- 3, must accompa ny the letter. (2) I n acc ordanc e with the require ments of Subchapter 5, an emission in v entory shall be submitt ed to the DEQ ever y y ear , except that fac iliti es emit ting 5 tons per y ear or l ess of eac h
reg ulated pollutant are require d to submit an emission inventory once e very

5 y ear s. No other

25repor

ting require ments shall app l y u n less require d by NSPS in Subchapter 4 or NESHAP in Subchapter

41. (3) Compli ance inspections will be conduc ted by the DEQ in re sponse to complaints and on a random ba sis. (4) Any chang e that would cause a fac ility to no longe r qualify for a permit by rule will require the owner or oper ator to apply

for a n individual or, if applicable , g ener al per mit. (c) Registration. After rec eiving the appropr iate application fee and cer tification, the DEQ wi l l acknow ledg e in wr i t i ng that the fac ility is reg istered to construct or operate under the specifie d permit by rule. No fac ility may be constructe d or operated under a permit by rule until DEQ issues written ac knowledg ement of the reg istration.

252:100-7- 60.1. Cotton gins See 252:100-23-7.

252:100-7- 60.2. Gr ain elevators See 252:100-24-7.

252:100-7- 60.3. P artic ulate m atte r em ission s See 252:100-19-13.

252:100-7- 60.4. VOC storage and l oadin g facili ties See 252:100-37, Part 9.

SUBCHAPTER 8. P ERMITS FOR P ART 70 SOURCES

P ART 1. G ENERAL PR OVISIONS

Section 252:100-8-1. Purpose 252:100-8-1.1. Def

initions 252:100-8-1.2. Gene ral infor mation 252:100-8-1.3. Duty

to comply 252:100-8-1.4. Cance llation or extension of a construction permit o r authorization under a

g ener al construc tion permit 252:100-8-1.5. Stack heig ht limi tations

P ART 3. P ERMIT AP P LICATION FEES

252:100-8-1.7. Permit application fee s

P ART 5. P ERMITS FOR P ART 70 SOURCES

252:100-8-2. Def

initions 252:100-8-3. Applicability 252:100-8-4. Requirements for construction and ope ratingpermits 252:100-8-5. Permit applications 252:100-8-6. Permit content 252:100-8-6.1. Gene ral pe rmits 252:100-8-6.2. Tempora ry source s 252:100-8-6.3. Special provisions for a ffe cted ( acid r ain) sourc es 252:100-8-7. Permit issuance 252:100-8-7.1. Permit renew al and e x piration 252:100-8-7.2. Administrative permit amendme nts and permit modifications 252:100-8-7.3. Reopening of oper ating permits for c ause 252:100-8-7.4. Revoca tions of opera ting pe rmits

26252:100-8-7.5. J udicial re view

252:100-8-8. Permit review by EPA and af

fec ted states 252:100-8-9. Permit fees

P ART 7. P REVENTION OF SIGN IF ICANT DETERIORATION (PSD)

REQUIREMENTS FOR ATTAINMENT AREAS

252:100-8-30. Applicability 252:100-8-31. Def

initions 252:100-8-32. Source a

pplicability

deter mination [ REVOKED] 252:100-8-32.1. Ambient air incr ements and c eilings 252:100-8-32.2. Ex clusion from incre ment consumption 252:100-8-32.3. Stack heig hts 252:100-8-33. Ex emptions 252:100-8-34. Control technolog y revie w 252:100-8-35. Air quality impact eva luation 252:100-8-35.1. Source infor mation 252:100-8-35.2. Additional impact analy ses 252:100-8-36. Source impac ting Class I are as 252:100-8-36.1. Public participation 252:100-8-36.2. Source oblig ation 252:100-8-37. I nnovative contr ol technolog y 252:100-8-38. Actuals PAL 252:100-8-39. Severa

bility

P ART 9. MAJOR SOURCES AF F ECTING NONA TTAINMENT AREAS

252:100-8-50. Applicability 252:100-8-50.1. I ncorpor ation by ref ere nce 252:100-8-51. Def

initions 252:100-8-51.1. Emissions reductions and offse ts 252:100-8-52. Applicability deter mination for source s in attainment are as ca using or contributing to NAAQS violation 252:100-8-53. Ex emptions 252:100-8-54. Requirements for source s located in nona ttainment are as 252:100-8-54.1. Ozone and PM-10 pre cursor s 252:100-8-55. Source oblig ation 252:100-8-56. Actuals PAL 252:100-8-57. Severa

bility

P ART 11. VISIBIL ITY P ROTECTIO N STANDARDS

252:100-8-70. Applicability 252:100-8-71. Def

initions 252:100-8-72. I ncorpor ation by ref ere nce 252:100-8-73. BA RT applicability 252:100-8-74. Ex emption from B ART require ments 252:100-8-75. Visibili ty

standards f

or existi ng stationary

fac iliti es 252:100-8-76. Permit require ments 252:100-8-77. Cap and/or tra de prog ram 252:100-8-78. Modeling

P ART 1. G ENERAL PR OVISIONS

252:100-8- 1. P urpose

27This Subchapter sets forth permit application fee s and the substantive require ments for permits

for Par t 70 sources.

252:100-8- 1.1. Defini tions The following words and terms, when used in this Subchapter

, shall have the following meaning

, unless the context clea

rly indicates otherwise. Ex cept as specific ally provided in this section, terms used in this Subchapter reta in the meaning acc orded them under the applicable require ments of the Act. "A stack in existence " means for purposes of O AC 252:100-8-1.5 that the owne r or ope rator had: (A) beg un, or cause d to beg in, a continuous prog ram of phy sical on-site construction of the stack; or (B ) enter ed into binding ag ree ments or contra ctual obliga tions, which could not be

canc eled or modified without substan t i al l oss to the owner or operator, to underta ke a prog ram of c onstruction of the stac k to be completed in a rea sonable time. "Actual em ission s" means, except for Parts 7 and 9 of this Subchapter

, the total amount of any reg u lated air pollutant emitted from a g iven fac ility during a particula r cale ndar y ear , deter

mined using me thods contained in OAC 252:100-5-2.1( d). "Adverse im pact on visib ility" means, for purposes of Parts 7 and 11, vis i b ility impairment which interfe res with the manag ement, protec tion, prese rvation, or enjoy ment of the visitor's visual experience of the Fe dera l Class I are a. This deter mination must be made by the DEQ on a case -by

case basis takin g into acc ount the g eog raphic extent, intensity

, duration, fre quency and time of visibil ity impairments, and how these factors corre late with (1) tim es of vi s i t o r use of t he Feder al Class I are a, and (2) the fre quency and timing of natura l conditions that reduc e visibil ity

. This term does not include e ffe cts on integ ral vistas. "Disp er sion tec hni que" means for purposes of OAC 252:100-8-1.5 any technique which attempts to aff

ect the conce ntration of a pollutant in the ambient air by using that portion of a stack wh ich exceeds g ood eng ineer ing prac tice stack heig ht; vary ing the rate of emission of a pollutant

acc ording to atmospheric conditions or ambient conce ntrations of that pollutant; or incre asing final

ex h aust g as pl ume rise by manipulating source proce ss para meters, ex haust g as parameter s, st ac k

para meters or combining exhaust g ases from sever al exis ting stacks into one stack, or other selec tive handling of exhaust g as streams so as to incre ase the exhaust g as plume rise. The prec eding sentenc e does not include: (A) The rehe atin g of a g as stream, following use of a pollution control sy stem, for the purpose of returning the gas t o the t emper ature at which it was originally discharg ed from the fa cility

g ener ating the g as strea

m. (B ) The me rg ing of

exhaust ga s streams whe re: (i) the source owner or opera tor documents that the fac ility was orig inally desig ned and
constructe d with such merg ed strea ms; (ii) afte r J uly 8, 198 5

, s u ch m er gi ng is part of a chang e in operation at t he facility that includes the installation of pollution controls and is acc ompanied by a net r eduction in the allowable emi s s i o n s of a pollutant. This exclusion from "dispe rsion technique" applicability shall apply only to the emission limit ation for the pollutant aff ecte d by such chang e in oper ation; or (iii) befor e J uly 8, 1985, such merg ing was part of a chang e in operation at the fac ility that included the installation of emissions control equipment or was car ried out for sound economic or eng ineer ing rea sons. Where there was an incre ase in the emission limit ation

o r, in the event that no emission limit ation exis ted prior to the merg ing, t h er e wa s an incre ase in the quantity of po l l u t an t s ac t ually emitted prior to the merg ing, it shall be presumed that merg ing was primarily intended as a means of g aining emissions cre dit for
g rea t er d i s p ersion. Be fore such cre dit can be allowed, the owner or operator must satisfac torily demonstrate that m er gi n g was not car ried out for the primary purpose of
g aining cre dit for g rea

ter disper sion. (C) Manipulation of exhau s t g a s p a r a me te r s , me rg ing of exhaust g as streams from sever al exis ting stacks into one stack, or other selec tive handling o f ex h au s t gas streams so as to

28incre ase the exhaust ga s plume rise in those ca ses wher e the r esulting a llowable emissions

of sulfur dioxide from the fa cility do not exceed 5,000 tons per y ear

. "Emission li m itations and em ission standards" means for purposes of O AC 252:100-8-1.5 require ments that limit the quantity

, rate or conce ntr at i o n o f em i ssions of air pollutants on a continuous basis, including any require ments that limit the level of opacity

, presc ribe equipment, set fuel specific ations or presc ribe operation or maintenanc e proce dures for a source to assure continuous reduc tion. "N a t ur a l c o nd it io ns " in c lu d e s n a tu r a ll y o c c u r r in g phenomena that reduc e visibil ity as measure d in terms of lig ht ext inction, visual rang e, contr ast, or color ation. "S econdary em ission s" means, for purposes of Parts 7 and 9 of th i s S ubchapte r, 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. Secondar y emissions must be specific

, well define d, quantifiable, and impact the same g ener al are as as the source or modification which cause s the sec ondary

emissions. S econda

ry emissions may

include, but ar e not limited to: (A) emissions from trains coming to or from the new or modified stationary source ; and, (B ) emissions from any offsite support fac ility which would not otherwise be constructe d or i ncre ase its emissions as a re sult of the construction or operation of t he major source or modification. "S tack" means for purposes of OAC 252:100-8-1.5 any point in a sourc e d es i gned to emit solids, li quids or g ases into the air , including a pipe or duc t but not including flar es. "Visib ility im pa ir m e nt " me a n s a ny h u ma n ly p e r c e p ti b le r e d

u c tion in visibil ity (lig ht exti nction, visual rang e, contra st, and colora tion) from that which would have exis ted under natura l conditions.

252:100-8- 1.2. Ge neral inf orm ation (a) P erm it cate gories. Two ty pes of construction and operating permits are availabl e: gen er al permit and individual permit. (1) Ge neral perm it. (A) A g ener al permit may be issued for an indust ry if there are a sufficie nt number of fac iliti es t hat have the same or substantially simil ar operations, emissions and activities which are subject to the s ame standards, limit ations and operating and monitoring require ments. (B ) Fa cilities m ay b e el igible for authorization under a g ener al permit if the following criter ia ar e met: (i) The fac ility has actua l emissions of 100 tpy or more of any one reg ulated air pollutant emitted and/or is a Par

t 70 source. (ii) The DEQ has issued a g ener al per mit for the industry

. (2) Ind ividu al perm it. Fa cilities requiring permits under this Subchapter that do not qualify for

a g ener al permit shall obtai n i n d i v i d u al permits. An owner or opera tor may apply for an individual permit even if the f acility qualifies for

a g ener al per

mit. (b) Appli cability deter m ination

. Any person may submit a reque st in writing that the DEQ make

a deter mination as to whether a particula r source or installation, which that person operates or propose s t o o p er ate, is subject to the permit require ments of this Subchapter

. The reque st must contain sufficie nt information for the DEQ to make the reque sted deter mination and the require d fee

. The DEQ may req u est any additional information that it needs for purposes of making the deter mination.

252:100-8- 1.3. Duty to com ply (a) An owner or operator who applies for a permit or authorization, upon notification of cover ag e, shall be bound by

the terms and c onditions t here in. (b) An owner or operator who violates any condition of a permit or authoriza t i o n i s s ubject to enfor ceme nt under the O klahoma Clean A ir Act.

252:100-8- 1.4. Cancellation or extension of a construct ion perm it or au thorization u nder

a general c onstruction perm it

29(a) Cancellation of perm it or authorization to co n s truct or m odif y. A duly issued permit or authorization to construct or m o dify will terminate and become null and void (unless ex tended as provided in Subsection (b) of this Section) if the construction is not commence d within 18 months afte r the date the permit or authorization was issued, o r if work is suspended for more than 18 months after it has c ommenced. (b) Extension of

perm it or authorizat ion to construct or m odif y. (1) Prior to the expiration date of the permit or authorization, a permit t ee m ay ap p l y for extension of the permit or authorization by written reque st of the DEQ stating the rea sons for the delay or suspension and pr oviding justification for the extension. The DEQ may g rant: (A) One e x tension of 18 months or less, or (B ) One extension of up to 36 months wher e the applicant is proposing to expand an alre ady exis ting fac ility to acc ommodate the proposed new construction or the applicant has expended a signific ant amount of money (1% of total projec t cost as identified in the orig inal application, not including land cost) in prepa ration for meeting the definition of "c ommence construction" at the propose d site, or (C) One extens i o n o f up to 72 months will be g rante d to major industrial fac iliti es (projec t cost g reater than $100,000,000.00), wher e the applicant proposes to construct at an exis ting site and demonstrates that the exis ting site was orig inally desig ned and constructe d
to acc ommodate the proposed new fac iliti es. The applicant shall show a commitment to the site by having purcha sed land nece ssary to construct fac iliti es cover ed by this extension and expended $1,000,000.00 or more on eng ineer ing a nd/or site development. (2) I f construction has not commence d within three (3) y ear s of the eff ective date of the orig inal permit or authorization, the permittee must underta ke and complete an appropr i at e available control technolog y revie w and an air quality analy sis. This revie w must be approve d by the DEQ befor e construc tion may

commence

. (3) Upon formal reque st of any applicant whose permit has been denied for lack of incre ment, the DEQ may require any permittee under OAC 252:100:8-1.4(b)(1) (B ) or (C), to furnish a complete air quality analy sis a nd/or an appropr iate available control technolog y revie w if such revie w is require d in order to pr ovide new or curr ent information.

252:100-8- 1.5. Stack height limitat ions (a) Stack height exclusion

. Air quality modeling or ambient impact eva luation shall ex clude the eff ect of that portion of the heig ht of any stack which exceeds g ood eng ineer ing prac tice or the eff ect of any other disper sion techniques. (b) Det erm ination of good engineering practic e (G EP) stack height. GEP stack heig ht shall be the g rea ter of: (1) 65 meters, mea sured f rom the g round-leve l elevation at the ba se of the sta ck; or (2) The he ight unde r either OAC 252:100-8-1.5(b) (2)( A) or ( B) : (A) for stacks in exis tence on J anuar y 12, 1979 and for which the owner or operator had obtained all applicable permits or approva ls require d 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 a

n emission lim itation; (B ) for a ll other stacks, Hg = H + 1.5L , wher e: (i) Hg = g ood eng ineer ing prac t i ce stack heig ht, measure d from the g round-leve l eleva tion at the base of

the stack, (ii) H = heig ht of near

by struct u re( s) measure d from the g round-leve l eleva tion at the base of the stack, (iii) L = lesser dimension (heig ht or projec ted width) of near by structure (s), provided that the owner or operator may be require d to verify such GEP stack heig ht by the use of a fie ld study

or fluid model as the Executive Dir ector shall determine; or (3) The heig ht demonstrated by a fluid model or a field study approve d by the revie wing ag ency , which ensur es t hat t he emissi ons from a stack do not result in excessive conc entra tions of any air pollutant as a result of atmospheric downwash, wake s, or eddy eff ects cre ated by the source itself, near

by structure s, or nea

rby terra in fea tures. (c) Near by.

30(1) Fo r the form ulae in OAC 252:100-8- 1.5(b)(2). A structure or terra in feature shall b e

considere d near

by if it is located within a distance of up to five times the lesser of the heig ht or the width of a struc ture, but not more than 0.5 miles (0.8 km)

. (2) F or dem onstration in O AC 252:100- 8-1.5(b)(3)

. (A) A s tructure or terr ain fe ature shall be consider ed nea rby if located at a dis tance not
g reater than 0.5 mile (0.8 km) , except that (B ) A portion of a te rra in fea ture may be conside red ne arby

if: (i) I t falls within a distance (not to exceed 2 miles) of u p t o 1 0 times the maxi mum heig ht (Ht) of the feature, a nd (ii) At a distance of 0.5 mile, the heig ht of such feature is at least 40 perc ent of the GEP stack heig ht deter

mined by the formulae provided in OA C 2 5 2 :100-8-1.5(b) (2)( B) or 85.3 fee t (26 meters) , whicheve r is g reater, a s measure d from the ba se of the sta ck. (3) Measure m ent of height of struct ure or ter rain. The heig ht of the st ru ct ure or terra in fea ture is measur ed fr om the g round-leve l elevation at the ba se of the sta ck. (d) Excessive concentr ations. When utili z ed fo r the purpose of deter mining GEP stack heig ht under O AC 252:100-8-1.5(b) (3), e x cessive c oncentr ations shall be as follows: (1) For source s seeking cre dit for stack heig ht exceeding that calc ulated under OAC 252:100-8- 1.5(b)( 2), a maxi mum g round-leve l pollutant conce ntration from a stack due in whole or part to downwash, wake s, and eddy eff ects produce d by near

by structure s or near

by terr ain features which is at least 40 perc ent in excess of the maxi mum conce ntration experience d in the absenc e of such downwash, wake s, or eddy eff ects and which, when combined with the impacts due to all source s, produce s a conce ntration in e x cess of an ambient air quality standard. For source s subject to the preve ntion of signific ant d eter ioration prog ram (Part 7 of this Subchapter or Fe dera l 40 CFR 52.21), the same criter ia apply except that a concur rent ex ce ed an ce of a preven t i o n of signific ant deter ioration incre ment is experience d. I n making demonstrations under this part, the allowable emission rate shall confo rm t o the new source perf ormanc e standard that is applicable to the source cate g ory unless the owner or operator can demonstrate that this e mission ra te is infeasible. Where such demonstra tions are approve d by the Direc tor, an alter native emission rate shall be established in c onsultation with t he owne r or ope rator; (2) For source s seeking cre dit afte r October l, 1983, for incre ases in exis ting stack heig hts up to the heig hts established under O AC 252:100-8-1.5(b) (2) e ither: (A) a maxi mum g round-leve l conce ntration due in whole or part to downwash, wake s or eddy eff ects as specifie d in OAC 252:100-8-1.5(b) (2), except that the emission rate specifie d by any applicable state implementation plan (or, in th e ab s en ce of such a limit

, the actua l emission rate) sha ll be used, or (B ) the actua l prese nce of a local nuisance cause d by the exis ting stack, as deter mined by the Dire ctor; and (3) For source s seeking cre dit afte r J anuar y 12, 1979 for a stack heig ht deter mined under OAC 252:100-8-1.5(b) (2) wher e the Direc tor require s the use of a field study or fluid model to verify GEP stack heig ht, for source s seeking stack heig ht c redit afte r November 9, 1984 based on the

aer ody namic influence of cooling towers, and for source s seeking stack heig ht cre dit afte r Dec ember 31, 1970 based on the aer ody namic influence of structure s not adequately repr esente d by the formulae in OAC 252:100-8-1.5(b) (2), a maxi mum g round-level conce ntration due in whole or part to downwash, wake s or eddy eff ects that is at least 40 perc ent in excess of the maxi mum conce ntration experience d in the absenc e of such downwash, wake s or eddy eff ects.

P ART 3. P ERMIT AP P LICATION FEES

252:100-8- 1.7. P erm it appl ication fees

A permit application or a reque st for an applicability deter mination will be assessed a one-time fee

, which m u s t ac company the application or request. Applications rec eived without appropr iate fee s are administratively incomplete. F ees must be pa id by chec k or money order made pay able to the Depa rtment of Environmenta l Quality in acc ordanc e with the following fee schedule :

31(1) Appli cability deter m ination

. $500, to be cr ed i t ed ag ainst the construction or opera ting

permit application fee, if a permit is re q uired. I f no permit is require d, the fee wil l be retained
to cover the cost of making the deter mination. (2) Construction perm it appl ication. (A) New Par

t 70 source - $7500. (B ) Modification of a

Part 70 source - $5000. (C) Authorization under a g ener al per mit - $900. (3) Operating perm it appl ication. (A) I nitial Part 70 permit - $7500. (B ) Authorization under a g ener al per mit - $900 (C) Renewa l Part 70 permit - $7500. (D) Significa

nt modification of Part 70 per mit - $6000. (E) Minor modification of Part 70 pe rmit - $3000. (F ) Part 70 Tempora

ry Source Reloc ation - $500.

SUBCHAPTER 8. P ERMITS FOR P ART 70 SOURCES

P ART 5. P ERMITS FOR P ART 70 SOURCES

252:100-8- 2. Defini tions The following words and terms, when used in this Part, shall have the following meaning

, unless the context clea

rly indicates otherwise. Ex cept as specific ally provided in this Section, terms used in this P art re tain the meaning acc orded the m under the a pplicable r equire ments of the Ac t. "Administrative ly com plete" means a n application that provide s: (A) A ll information require d under O AC 252:100-8-5(c ), (d) , or (e ); (B ) A landow ner a ffidavit as r equire d by OAC 252:4-7-13(b) ; (C) The a

ppropriate application fe es as r equire d by OAC 252:100-8-1.7; and (D) Ce rtification by

the re sponsible official a s require d by OAC 252:100-8-5(f

). "Af fected sou rce " means the same as th e m eaning g iven t o it in the reg ulations promulg ated under Title I V (a cid ra in) of the Ac t. "Af fected stat es" means: (A) a ll states: (i) That are one of the following contig uo u s s tates: Arka nsas, Colorado, Kansa s, Missouri, New Mexico and Texas, and (ii) That in the judgme nt of the DEQ may be direc tly aff ecte d by emissions from the fac ility seeking the per

mit, permit modi fica tion, or permit rene wal being proposed; or (B ) all states that a

re w ithin 50 mi les of the pe rmitted source

. "Af fected uni t" means the same as the meaning g iven to it in the reg ulations promulg ated under Title I V (a cid ra in) of the Ac t. "App licable requirem ent" means all of the following as they apply to emissions units in a Part 70 source subject to this Chapter (including require ments that have been promulg ated or approve d by EPA throug h rulemaking at the time of issuanc e but have future e ffe ctive complianc e date s): (A) Any standard or other require ments provided for in the applicable implementation plan

approve d or promulg ated by EPA throug h rulemaking under T i t l e I of the Act that implements the rele vant require ments of the Act, including any revisions to that plan promulg ated in 40 CFR Part 52; (B ) Any term or condition of any prec onstruction permits issued pursuant to reg ulati o n s approve d or promulg ated throug h rulemaking un d er Title I

, including parts C or D, of the Act; (C) An y standard or other require ment under section 111 of the Act, including section 111(d); (D) Any standard or other require ment under section 112 of the Act, including any

re q u i reme nt conce rning acc ident preve ntion under section 112(r) (7) of the Act, but not including the contents of a ny risk manag ement plan r equire d under 112( r) of the Act;

32(E) Any standard or other require ment of the acid rain prog ram under Title I V of the Act or

the re g ulations promulga ted there under; (F ) Any require ments established pursuant to section 504(b) or section 114(a) (3) of the Act; (G) Any standard or other require ment g overning solid waste incineration, under section 129 of the Ac t; (H) Any standard or other require ment for consumer and commerc ia l p r o d ucts, under section 183(e) of the Ac t; (I ) Any standard or

other re quirement for

tank vessels, unde r sec tion 183(f) of the Act; (J) Any standard or other require ment of the reg ulations promulg ated to protec t stratospheric

ozone under T i t l e VI of the Act, unless the Administrator has deter mined that such require ments need not be contained in a Title V permit; and (K) Any national ambient air quality standard or incre ment or visibil ity require ment under part C of Title I of the Act, but only as it would apply to temporar y sources p er m i t t ed pursuant to sec tion 504(e) of the Act. "Begin actual construct ion" means fo r p u rp o s es of this Part, that the owner or operator has beg un the construction or installation of the emitting equipment on a pad or in the final location at the fa cility

. "Designated repre sentative" means with respe ct to aff ecte d units, a responsible person or officia l authorized by

the owner

or oper ator of a

unit to represe nt the owner or operator in matters perta ining to the holding, transfe r, or dispositi on of allowanc es allocated to a unit, and the submissi on of and compliance with permits, permit applications, and compliance plans for the unit. "Draft perm it" means the version of a permit fo r wh i ch the DEQ offe rs public participa tion under 27A O.S.§§ 2-14-101 throug h 2

- 1 4

- 4 0 1 and OAC 252:4-7 or aff ecte d State revie w under OAC 252:100-8-8. "Eme rgency" means, when u s ed in OAC 252:100-8-6(a )(3) (C)(iii)(I ) and (e)

, any situation arising from sudden and rea sonably unfore seea ble events bey ond the control of the source , including
acts of God, which situation re quires immediate corr ective action to r estore normal opera tion, a nd that cause s the source to exceed a technolog y -base d emission limit ation under the permit, due to unavoidable incre ases in emissions attributable to the eme rg ency . An emer g ency shall not inc lude

n o n compl iance to the extent cause d by improperly desig ned equipment, lack of preve ntive maintenanc e, ca

rele ss or improper ope ration, or ope rator e rror

. "Emissions allow able und er the perm it" means a fede rally enforceable permit term or condition deter

mined at issuance to be require d by an applicabl e re q u i reme nt that establishes an emissions limit (including a work prac tice st andar d) or a federa lly enf o rc ea ble emis sions cap that the source has assumed to avoid an applicable require ment to which the source would otherwise be subject. "Emissions uni t" means any part or activity of a stationary source that emits or has the potential to emit any reg ulated air pollutant or any pollutant listed under section 112(b) of the Ac t. Fug itive emissions fr om va lves, flang es, etc. associate d with a specific unit process shall be identified with that specific emission unit. This term is not meant to alter or aff ect the definition of the term "unit" for pur poses of Title I V of the A ct. "Final perm it" means the version of a part 70 permit issued by the DEQ that has completed all revie w proc edure s require d by OAC 252:100-8-7 throug h 252:100-8-7.5 and O AC 252:100-8-8. "Fugitive em ission s" means those emissions of reg ulated air pollutants which co uld not

rea sonably

pass throug h a stac k, chimney , vent, or other functionally -equiva lent opening

. "Gener al perm it" means a part 70 permit that meets the require ments of OAC 252:100-8-6.1. "In signi fi cant activities" means individual emissions units that are either on the list approve d by the Administrator and contained in A ppendix I

, or whose actua l c alenda r y ear emissions do not exceed any of the limit s in (A) and (B ) of this definition. Any activity to which a S t at e o r fede ral applicable require ment applies is not insignifica nt even if it meets the criter ia below or is inc luded on the insignific ant ac tiviti es list. (A) 5 tons pe r y ear

(TPY) of a

ny one cr iteria pollutant. (B ) 2 tons per y ear for any one hazardous air pollutant (HA P ) o r 5 tons per y ear for an ag g reg ate of two or more HAPs, or 20 perc ent of any threshold less than 10 tons per y ear for single HAP that the EPA may establish by

rule.

33"MACT" means maximum achie vable c ontrol technolog y

.

"Major source" means any stationary source (or any g roup of stationary source s that are located

on one or more contig uous or adjac ent proper ties and are under common control of the same person (or persons under common control)) belong ing to a single major industri al g rouping and that is descr ibed i n subpara g raph (A), (B ), or (C) of this definition. For the purposes of defining "ma jor

source ," a stationary source or g roup of statio n ary source s shall be considere d part of a single industrial g rouping if all of the pollutant emitting activ i ties at such source or g roup of source s on contig uous or adjac ent proper ties belong to the same Major Group (i.e., all have the same two-dig it primary SI C code) a s descr ibed in the Standard I ndustrial Classification Manual, 1987. (A) Amajor sourc e under section 112 of the A ct, which is def ined as: (i) For pollutants other than radionuc lides, any stationary source or g roup of stationary

source s located within a contig uous are a and under common control that emits or has the potential to emit, in the ag g reg ate, 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 h az ar d o u s air pollutants, or such lesser quantity as the Administrator may establish by rule. Notwithstanding the prec eding sentenc e, emissions from any oil or g as exploration or production well (with its a ssociated equipment) and emissions fr om a ny pipeline compre ssor or pump station shall not be ag g reg ated with emissions from other simil ar units, whether or not such units ar e in a contig uous are a or under common control, to deter

mine whether

such units or stations are ma jor source s; or. (ii) For radionuc lides, "ma jor sourc e" s h al l have the meaning specifie d by the Administrator by

rule. (B ) A major stationary source of air pollutants, as define d in section 3 0 2 o f t h e Act, that direc tly emits or has the potential to emit, 100 TPY or more of any air pollutant (except g ross particula te m atter) subject t o reg ulation (including any major s o u rc e of fugitive emissi ons of any such pollutant, as deter mined by rule by the Administrator). The fug itive e missions of a stationary source shall not be considere d in deter mining whether it is a major stationary

source for the purposes of section 302(j) of the Act, unless the source belong s to one of the following cate g ories of stationar y source s: (i) Coal cle aning plants (with thermal dry ers) ; (ii) Kra ft pulp mill s; (iii) Portland ceme nt plants; (iv) Primary

zinc smelters; (v) I ron and stee l mill s; (vi) Primary

aluminum ore re duction plants; (vii) Primary

copper smelters; (viii) Municipal incinerators capa ble of char g ing more than 250 tons of ref use per day ; (ix ) Hy drofluoric , sulfuric, or nitric acid plants; (x) Petroleum refine ries; (xi ) L ime plants; (xi i) Phosphate roc k proce ssing plants; (xi ii) Coke oven batter ies; (xi v) Sulfur re cover

y plants; (xv) Carbon black plants (f urnac e proc ess); (xvi ) Primary

lead smelter s; (xvi i) Fue l conver sion plants; (xvi ii) Sint ering plants; (xi x ) Seconda

ry metal produc tion plants; (xx ) Chemical process plants (not including ethanol production facilities that produce ethanol by

natura l ferme ntation included in NAI CS codes 325193 or 312140); (xx i) Fossil-fue l boilers (or combination there of) totaling more than 250 milli on Br itish thermal units per hour

heat input; (xx ii) P et ro l eum storag e and transfe r units with a total storag e capa city exceeding 300,000 barr els; (xx iii) Taconite or e proc essing plants;

34(xx iv) Glass fiber proce ssing plants; (xx v) Charc oal produc tion plants; (xx vi) Fossil-fue l-fire d steam electric plants of m ore than 250 m illion Br itish thermal units per hour he at input; or (xx vii) All other stationary source cat egories which, as of Aug ust 7, 1980, are being
reg ulated by

a standa rd promulg ated unde r sec tion 111 or 112 of the Ac t. (C) A major sta tionary

source as def

ined in part D of

Title I of the Ac t, including: (i) For ozone non-attainment are as, source s with the potential to emit 100 TPY or more of volatile org anic compounds or ox ides of nitrog en in are as classified as "ma rg inal" or "mode rate ," 50 TPY o r more in are as classified as "se rious," 25 TPY or more in are as classified as "se vere ," and 10 TPY or more in are as classified as "e x treme" ; except that the ref ere nces in this para g raph to 100, 50, 25, and 10 TPY of nitrog en ox ides shall not apply with respe ct to any source for which the Administrator has made a finding

, under section 182(f) (1) or (2) of the Act, that require ments under section 182(f) of the Act do not apply ; (ii) For ozone transport reg ions e stablished pursuant to se ction 184 of the Act, source s with the potential to emit 50 TPY or more of volatile or g anic c ompounds; (iii) For car bon monox ide non-a ttainment are as: (I ) that ar e cla ssified as " serious" ; and (I I ) in which stationar

y source s contribute sig nificantly to car bon monox ide levels

as deter mined under rules issued by the Administrator, source s with the potential to emit 50 TPY or more of c arbon monoxide; and

1 0 (iv) For particula te matter (PM ) non-attainment a rea s classified as "se rious," source s

1 0 with the potential to emit 70 TPY or more of PM

. "Maxim um capacity" means the quantity of air co n ta mi n a n ts th a t th e o r e ti c ally could be emitted by a stationary source without control device s based on the desig n capa city or maxi mum production

capa city of the source and 8,760 hours of operat i o n p er y ea r. I n deter mining the maxi mum theore tical emis sions of V OC s for a source , the design capac ity or m axim um production capac ity shall include the use of raw mat er i al s , co at i ng s and inks with the highe st VOC content used in

prac tice by

the source

. "Pe rm it" means (unless the context sug g ests o th e r w is e ) any permit or g roup of permits cover ing a Part 70 sourc e that is issued, rene wed, amended, or revised pur suant to this C hapter

. "Pe rm it m odi fication" means a revision to a Part 70 construction or operating permit that meets the re quirements of O AC 252:100-8-7.2(b)

. "Pe rm it program costs" means all reas o n able (direc t and indi rec t) costs require d to develop and administer a permit prog ram, as set forth in OAC 252:100-5-2.2 (whe ther such costs are incurre d by the DEQ or other State or local ag encie s that do not issue permits direc tly

, but that support permit issuance or

administration). "Pe rm it re vision " means a ny permit modification or a dminist rative pe rmit amendment. "Pot ential to em it" means the maxi mum capa city of a stationary source to emit any air pollutant under its phy sical and opera tional desig n. Any phy sical or operational limit ation on the capa city of

a source to emit an air pollutant, including air pollution control equipment and restric tions on hours of oper ation or on the ty

pe or amount of materia l c ombusted, stored, or proce ssed, shall be tre ated as part of i ts desig n if the l imitation is enfor cea ble by the Admi nistrator. This term does not alter or af fec t the use of this term for any other purpose s under the A ct, or the te rm "c apac ity fac tor" as used in Title I V of the A ct or the r egulations promulga ted there under. "Pr oposed perm it" means the version of a permit that the DEQ proposes to issue and forwa rds to the Administrator for r eview in c ompliance with OAC 252:100-8- 8. "Regulated air pollu tant" means the f ollowing: (A) Nitrog en ox ides or any volatile org anic compound (VOC), inc luding those substances define d in OAC 252:100-1-3, 252:100- 3 7 -2, and 252:100-39-2, except those specific ally 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 promulg ated; (C) Any pollutant that is subject to any standard promulg ated under section 111 of the Act;

35(D) Any Class I or I I ozone-depleting substance subject to a standard promulg ated under or

established by

Title VIof the Ac t; (E) Any pollutant subject to a standard promulg ated under section 112 or other require ments established under section 112 of the Act (Ha zardous Air Pollut ants), including sections 112(g ) (Modifica tions), (

j) (Equivalent Emission L imitation by Permit, and (r) (Preve ntion of Ac cidental Rele ases) , including the following : (i) any pollutant subject to the require ments u n d er s ec t i on 112(j) of the Act. I f the Administrator fails to promulg ate 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 sha ll be considere d to be re g ulated as to that sourc e on the date 18 months afte r the applicable date established pursuant to section 112(e) of the Act; and, (ii) any pollutant for which the require ments of section 112(g )(2) of the Act have been met, but only with respe ct to the individual source subject to the s ec t ion 112(g )(2) require ment; or (F ) Any other subst ance for which an air emission limit ation o r equipment standard is set by an existi ng permit or re g ulation. "Renewal " means the pr ocess by which a pe rmit is reissued at the e nd of its term. "S ect ion 502(b)(10) changes" means chang es that contra vene an express p ermit term. Such chang es do not include chang es that would violate applicable require ments or contra vene fede rally

e n f o r cea ble permit terms and conditions that are monitoring (including test me th o d s )

, r e c o r d k e e p in g , repor ting, or compliance cer

tification requir ements. "S m all uni t" means a fossil fuel fired combustion device which serve s a g ener ator with a name plate ca pacity of 25 MWe or less. "S tate -only requirem ent" means any standard or require ment pursuant to Oklahoma Clean Air Act (27A O.S.§§ 2-5-101 t h ro u gh 2 -5-118, as amende d) that is not contained in the State I mplementation Plan (SI P). "S tate program " means a prog ram a

pproved by

the Administrator under

40 CFR Part 70. "S tationary source" means any b u i l d i n g , structure

, fac ility

, or installation that emits or may emit any reg

ulated air pollutant or any pollutant listed under section 112(b) of the Act as it exis ted on J anuar y 2, 2006. "S ubj ec t to regulation " means, for any air pollutant, that the pollutant is subject to either a provision in th e fe d er al C l ean Air Act, or a nationally -applica ble reg ulation codified by the EPA Administrator in subchapte r C of C hapter I of 40 CFR, that require s actua l control of the quantity of emissions of that pollutant, and that such a control require ment has taken eff ect and is operative
to control, limit

, or restric t the quantity of emissions of that pollutant rele ased from t h e re gu lated activity . Ex cept that: (A) Gre enhouse ga ses (GHG) shall not be subject to re g ulation unless, as of Jul y 1, 2011, the GHG emissions are at a stationary source emitting or having the potential to emit 100,000

2 2 TPY CO equivalent emissions (CO e) and are otherwise subject to reg ulation as previously descr ibed in this definition.

2 2 (B ) The term TPY CO equivalent emissions (CO e) shall repr esent an amount of GHG emitted, and shall be computed by multipl y ing the mass amount of emissions (TPY), for eac h of the six g ree nhouse g ases in the pol l u t an t GH G, by the g as' associate d g lobal war ming potential (GWP) published in Table A-1 to subpart A of 40 CFR Part 98
– Global Warming

2 Potentials, and summing the re sultant value for eac h to compute a TPY CO e. (C) I f fede ral leg islation or a fede ral court stay s, invalidates, delay s the effec t i v e date, or otherwise rende rs unenfor cea ble by the EPA, in whole or in part, the EPA' s tailoring rule (75 FR 31514, J une 3, 2010), endang erme nt finding (74 FR 66496, Dec ember 15, 2009), or lightduty vehicle g ree nhouse g as emission standard (75 FR 25686, May 7, 2010), this definition shall be enf

orce able only

to the extent that it is enforc eable by the EPA. "Trivial activities" means any in d i v idual or combination of air emissions units that are considere d i nconseque ntial and are on a list approve d by the Administrator and contained in Appendix J

. "Uni t" means, for

purposes of T itle I V, a f

ossil fuel-fire d combustion device.

36252:100-8- 3. Appli cability

(a) Cover ed sources. Ex cept as exempted from the require ment to obtain a permit under subsection (b) of this Section or elsewhe re in this Subchapter

, the source s listed below are subject to the permitting require ments under this Subchapter

. A majo r s o u rce or major stationary source shall

rema in a Part 70 source until a fede rally en forceable permit is obtained which contains emission limit ations and/or conditions to limit the operation of the fac ility to below that which would define it as a cove red sour ce pur suant to this section. (1) Any major sourc e (a s defined in OA C 252:100-8-2); (2) Any source subject to a NSPS; (3) Any source , including a

n are a sourc e, subjec t to a NESHAP; (4) Any aff ecte d source (as de fined in OAC 252:100-8-2) ; (5) Any source in a source cate g ory desig nated by the Administrator pursuant to 40 CFR §70.3; and (6) Any major stationary source require d to have a permit under Parts 7 or 9 of this Subchapter

. (b) Source cat egory e xem ptions. (1) All source s listed in subsection (a) of this section that are not major source s, major stationary

source s, aff

ecte d source s, or solid waste incineration units require d to obtain a permit pursuant
to section 129(e) of th e Ac t

, ar e ex empt from the obliga tion to obtain a Part 70 permit unless require d to do so by ap propriate implementation of EPA administrative rulemaking for nonmajor source s. Any such exempt source may opt to apply for a permit under these rules and shall be issued a pe rmit if the applicant other wise satisfies a ll of the requir ements of this Chapter. (2) I f the Administrator deter mines afte r appropr iate rulemaking that an exemption is applicable
to non-major so u

r c e s w h e n a d o p ting standards or other require ments under section 111 or section 112 of the Ac t after

J uly 21, 1992, then at that time the exemption will apply

. (3) Unless otherwise require d t o o btain a Part 70 permit, the following source cate g ories are exempted from the oblig ation to obtain a Part 70 per mit: (A) All source s in source cate g ories that would be require d to obtain a p er m i t solely b ec ause they are subject to part 60, subpart AAA -- Standards of Perfor mance fo r Ne w Residential Wood Heater s; and (B ) All source s in source cate g ories that would b e re q u ired to obtain a permit solely beca use they are subject to part 61, subpart M -- National Emission Standard for Hazardous Air Pollutants for Asbestos, Section 61.145, Standard f or De moliti on and Renova tion.

252:100-8- 4. Requirem ents for construction and op erat ing p erm its (a) Construction perm its. (1) Construction perm it required. No person shall beg in actua l construction or installation of any n ew s o u rc e that will require a Part 70 operating permit without first obtaining a DEQissued air quality const ru cti on permit. A construction permit is also require d prior to

rec onstruction of a major aff ecte d source under 40 CFR Part 63, rec onstruction of a major source if it would then become a major affec ted s ource u n d er 4 0 C FR 63, or for any phy sical chang e that would be a signific ant modification under OAC 252:100 -8 -7.2(b)(2). I n addition to the require ments of this Part, sourc es subject to Part 7 or Par t 9 of this Subchapter must also meet the applica

ble re quirements conta ined there in. (2) Requirem ent for case- by-case M ACT deter m ination s. (A) Appli cabil it

y

. T h e r e quirement for case -by -ca se MACT deter minations apply to any

owner or opera tor who constructs or rec onstructs a major source of hazardous air pollutants aft er J u n e 29, 1998, unless the source has been specific ally reg ulated or exempted from
reg ulation under a s ubpart of 40 CFR Part 63, or the owner or operator has rec eived all

nece ssary air qua lity

permits for suc h construction or r econstruc tion before J une 29, 1998. (B ) Exclusion s. The following source s are not subject to this subsection. (i) Electric utilit y steam g ener ating units unless and until these units are add ed to the

source cate g ory

list. (ii) Statio n ar y s o u rces that are within a source categ ory that has been deleted from t he

source cate g ory

list. (iii) Resear ch and de velopment ac tiviti es as de fined in 40 CFR § 63.41.

37(C) MACT deter m ination s. I f subject to this subsection, an owner or operator may not

beg in actua l construction or rec onstruction of a major source of HAP until obtaining from the DEQ an approve d MACT deter mination in acc ordanc e with the following reg ulations: 40 CFR 63.41, 40 CFR 63.43 and 40 CFR 63.44, which are here by incorporated by ref ere nce as they exis t on J uly

1, 2000. (b) Operating perm its. (1) Operating perm its required. E x ce p t as provided in subpara g raphs (A) and (B ) of this section, no Part 70 source subject to this Chapter may operate afte r the time that it is require d to file a timely

application with the DEQ , except in compliance w ith a DEQ-issued pe rmit. (A) I f the owner or op erator of a source subject to the require ment to obtain a Part 70 permit submits a timely application for Part 70 permit issuance or rene wal, that sou rc e's failure to have a Part 70 permit shal l n o t b e a v iolation of the require ment to have such a permit until the DEQ takes final action on the ap p lication. This protec tion shall cea se to
ap p l y i f t he applicant fails to submit, by the deadline specifie d in writing by the DEQ o r OAC 252:100-8-4, any additional information identifi ed as being rea sonably require d to
proce ss the application. (B ) I f the owner or operator of a source subject to this Subchapter files a t i m ely application that the DEQ deter mines to be administratively incomplete due to the applicant' s failure to timely provide additional information reque sted by the DEQ, the applicant loses the protec tion g ran t ed u n d er p arag raph (A) of this Section. The source ' s failure to have a Part 70 permit shall be de emed a violation of this S ubchapte r. (C) Filing an opera

ting permit application shall not aff ect the require ment, if any , that a

source have a

construction per

mit. (2) Duty to appl y. For eac h Part 70 source , the owner or oper at o r s h all submit a timely and complete pe rmit application on forms supplied by the DEQ in a ccor dance with this section. (3) Time ly appl ication. Sources that are subject to the oper ating permit prog ram established by this Chapter as of Marc h 6, 1996, shall file applications on the following schedule s outlined in OAC 252:100-8-4(b) (4). A timely application is one that is postmarked on o r b ef o re the rele vant date listed below. I n the event a major source consists of operations under multipl e SI C codes, the primary

activity shall form the ba sis for the initial permit application. (4) Appli cation sub m ittal schedule. The following source s are subject to the operating permit
prog ram a

nd shall submit i nitial permit applications acc ording to the following schedule

. (A) No later

than September

5, 1996: (i) Affe cted source s un d er t h e acid rain provisions of the Act shall submit a permit application for

at least the a ffe cted units at the sit e. Reg ardle ss of the ef fec tive date of the prog ram and t h e require ment to file an application define d in this section, applications for initial Phase I I acid rain permits shall be submitt ed to the DEQ no later than J anuary 1

, 1996, for sulfur diox ide, and by J anuar y 1, 1998, for nitrog en ox ides, pursuant to the Ac t, §407. (ii) Any owner or opera tor shall submit no less than one-third of their total applications for Part 70 source s located at source s classified by the following Sour ce S t andard I ndustrial Classification Codes and which be long to a single major i ndustrial g rouping other than 28 (Chemicals and allied p ro d u ct s ) or 29 (Petroleum ref ining and rela ted industries): (I ) Petroleum and Natural Ga s, 1311; (I I ) Natura l Gas L iquids, 1321; (I I I ) Electric Service s, 4911, 4961; (I V) Natura l Gas Tra

nsmissi on, 4922; (V) Natura l Gas Tra

nsmissi on and Distribution, 4923; and (VI ) Petroleum Bulk Stations and Ter minals, 5171. (B ) All remaining Part 70 source s identified i n (b)( 4)(A) (ii) of this Subsection shall be subject to the opera ting permit prog ram and shall submit initial permit applications no later than Marc h 5, 1997.

38(C) No l ater than M arc h 5, 1997, any owner or operator shall submit their applications

for Part 70 source s located at source s cl as sified by the following Standard I ndustrial Classification Codes: (i) Metals, 3312, 3315, 3321, 3341, 3351, 3411, 3412, 3432, 3466, (ii) Br ick Plants, 3251, 3297, (iii) Commercial Printing, 2752, 2761. (D) No later than J uly 5, 1998, any owner or operator shall submit their applications for Part 70 source s located at source s classified by the follow ing Standard I ndustrial Classification Codes: (i) Refiner ies, 2911; (ii) Cement Plants, 3241; (iii) Chemical/Carbon, 2819, 2821, 2851, 2861, 2869, 2891, 2895, 2899, 2999, 3053, 3086, 3089; (iv) Petroleum Tra

nsportation/Terminals/Storag e, 4612, 4613; (v) Food Produc ts, 2013, 2074, 2095. (E) All remaining Part 70 source s shall be subject to the ope rating permit prog ram a nd shall submit i nitial permit applications no later tha n Marc h 6, 1999. (5) Newly regulate d sources. A source that become s subject to the opera ting permit prog ram established by this Chapter at any time following the eff ective date shall file an administratively complete ope rating permit applica tion within 180 day s of commenc ement of ope ration. (6) Appli cation acc eptability. Notwithstanding the deadlines established in para g raph ( 4) of this subsection, an application filed prior to t h e ab ove deadlines following submissi on of the state prog ram to EPA for a pproval shall be a cce pted for pr ocessing

. (7) 112(g) appl ications. A source that is require d to meet the require ments under section 112(g ) of the Act, or to have a permit under a prec onstruction revie w prog ram under Title I of such Act, shall file an ap p l i ca t i on to obtain an opera ting permit or permit amendment or modification within twelve months o f co m mencing operation. Where an exis ting Part 70 operating permit would prohibit such construction or chang e in operation, the source must obtain a construction permit befor e commenc ing c onstruction. (8) Ap p l i ca ti o n for renewal. Sources subject to this Chapter shall file an application for

rene wal of an operating permit at l east 180 day s befor e t h e d at e of permit expiration, unless a longe r period (not to exceed 540 day s) is specifie d in the permit. Renewa l periods g rea ter than 180 day s are subject to neg otiation on a case -by -ca se basis. (9) P hase II acid rain p erm its. Sources r equire d to submit applications under the Acid Rain Prog ram shall submit these applica tions as require d by 40 CFR 72.30(b)( 2)(i) throug h (viii). (10) Appli cation com pleteness. 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. P erm it appl ications (a) Conf idential inf

orm ation. I f a source submits information to the DEQ under a claim of confide ntiality

, the source shall also submit a copy of such information direc tly to the Administrator, if the DEQ r equests that the sourc e do so. (b) Duty to su ppl em ent or corr ect appl ication. Any applicant who fails t o submit any re l evant fac ts or who has submitt ed incorre ct information in a permit application shall, upon becoming awa re of such failure o r incorre ct submitt al, submit such supplementary fac ts or corr ecte d information within 30 day s unless the applicant' s reque st for more time has been approve d by the DEQ. I n addition, an applicant shall provide additional information as nece ssary to addre ss any require ments that become applicable to the source afte r the date it filed a complete application but prior to rele ase of a dr aft pe rmit. (c) Stand ard appl ication form and required inf orm ation. Sources that are subject to the Part 70 permit prog ram 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 neede d
to deter mine the applicability of any applicable require ment, or state-only require ment, or to e v a lu a te the fee amount require d under the schedule approve d pursuant to OAC 252: 1 0 0 -5-2.2( b)(2)

. The applicant shall submit the information called for by the application form for eac h emissions unit at

39the source to be permitted. The source must provide a list of any insigni fi ca n t activities that are

ex em p t ed beca

use of siz e or production rate

. Trivial activities need not be listed. The standard application form and any attachme nts shall require that the information require d by OAC 252:100-8- 5(d) a nd/or (e) be provide d. (d) Construction perm it appl ications. (1) An application for a construction permit shall provide data and information require d by this Chapter and/or reque ste d o n the application form available from the DEQ pursuant to the require ments of this Chapter. Such data and information shall include but not be limit ed to site information, p ro cess descr iption, emission data and when require d, BA CT, modeling and sampling point data

as follows: (A) BACT deter m ination

. To be approve d for a co n struction permit, a major source must dem o n s t ra te that the control technolog y to be applied is the best that is available for

eac h pollutant that would cause the source to be define d as a major source

. This deter mination will be made on a case -by -ca se basis taking into acc o u n t en ergy , environmenta l, and economic impacts and other costs of alternative control sy stems. Unless require d under Part 7 of this Subchapter

, a BA CT det ermination is not require d for a modification that will result in an incre ase of emissions of less than 100 tons per y ear of any reg ulated air

pollutant. (B ) Modeling. Any

air quality

modeling or

ambient impact eva luation that is required shall be prepare d in acc ordanc e with proce dures a cce ptable to the DEQ and accomplished by the applica

nt. (C) Sam plin g poin ts. I f req u i re d b y the DEQ an application shall show how the new

source will be equipped with sampling ports, in strumentation to monitor and rec ord emission data a nd other sampling and/or testing equipment. (2) Construction permit appl i ca t i o ns for new source s must also include the require ments for
opera ting pe rmits contained in OAC 252:100-8-5( e) to the e x tent they are applicable

. (e) Operating perm it appl ications. (1) I dentify ing informatio n , i ncluding company name and addre ss (or plant name and addre ss if differ ent from the company name)

, owner ' s name and ag ent, and telephone number and names of plant site manag er/c ontact. (2) A descr iption of the source ' s proce sses and products (by two-digi t S t an d ard I ndustrial Classification Code) i n cl uding any associate d with eac h alternate scena rio identified by the

source

. (3) The following emissions-relate d information: (A) All emissions of pollutants for which the s o u rce is major, and all emissions (including fug itive emissions) of reg ulated air pollutants. Fu g itive emissions shall be included in the permit application and the permit in the same manner as st ac k emi ssions,

re gar dless of whether the source cate g ory in question is included in the list of source s contained in the definition of major source

. The permit application sh al l d es cribe all emissions of reg ulated ai r pollutants emitted from any emissions unit, except wher e such units are e x empted under OAC 252:100-8-5(c ) or OA C 252:100-8-3(b). (B ) I dentifica tion and desc r ip ti o n o f all points of emissions descr ibed in OAC 252:100-8- 5(e) (3)( A) in sufficie nt detail to establish t he basis for fee s and applicability of the Act' s require ments. (C) E m i s s i o n s rates in tons per y ear and in such terms as are nece ssary to establi s h compliance consistent with the applicable standard. (D) The following information t o the extent it is neede d to deter mine or reg ulate emissions: (i) fuels, (ii) fuel use, (iii) rawmateria ls, (iv) production ra tes, and (v) opera ting sc hedules. (E) I dentifica tion and descr iption of air pollution control equipment and compliance monitoring de vices or a ctivities.

40(F ) L imitations on source operat i o n af fe cting emissions or any work prac tice standards, wher e applica

ble, for a ll reg ulated pollutants at the cove red sour ce. (G) Other information require d by any applicable require ment, or state-only require ment (including information rela ted to stack heig ht limit ations develope d pursuant to section 123 of the Ac t). (H) Calculations on which the information in items (A) throug h (G) of this para g raph is based. (4) The following air pollution control require ments: (A) C itation and descr iption of all applicable require ments and all state-only require ments. (B ) Desc ription of or ref ere nce to any applicable test method for deter mining compliance with eac h applicable require ment and state- only require ment. (5) Other specific information require d u nder the DEQ' s rules and statutes to implement and enfor ce other applicable require ments of the Act or of this Chapter or to deter mine the applicability

of such r equire ments. (6) An explanation of any proposed exemptions from otherwise applicable require ments and state-only require ments. (7) Ad d i t i onal information as deter mined to be nece ssary by the DEQ to define alternati v e opera ting scena

rios identified by the s o u rc e pursuant to OAC 252:100-8-6(a )(9) or to define permit terms and c onditions i mplementing O AC 252:100-8-6(f ) or 252:100-8- 6(a) (10). (8) A compliance plan for a ll covere d source s that contains all the following : (A) A descr iption of the compliance status of the source with respe ct to all applicable require ments and state- only require ments as follows: (i) For applicable require ments and state-only require ments with which the source is in compliance

, a statement that the source will continue to comply with such require ments. (ii) For applicable require ments and state-only require ments that will be come eff ective during the permit term, a statement that t h e s ource will meet such require ments on a timely basis shall satisfy this provision, unless a more detailed schedule is expressly require d by

the applica

ble re quirement. (iii) For require ments for which the source is not in compliance at the time of permit issuance, a narr ative descr iption of how the sou rc e will achie ve compliance with such require ments. (B ) For

source s not in complete compliance , a complianc e sche dule as follows: (i) A schedule of compliance for source s that are not in compliance with all applicable require ments and state-only require ments at the time of permit issuance. Such a schedule shall include a schedule of reme dial measure s, including an enfor cea ble sequenc e of actions wit h milestones, leading to compliance with any applicable require ments and state-only require ments for which the source will be in noncompliance at the time of permit issuance. This compliance schedule shall rese mble and b e eq u i v alent in stringe ncy to that contained in any judicial consent decr ee or administrative order to which the source is subject. Any such schedule of compliance shall be supplemental to, and shall not sanction non-complianc e with, the applicable require ments on which it is based. (ii) A schedule for submissi on of cer tified prog ress repor

ts no less fre quently than ever y 6 months. (C) The compliance plan content require ments specifie d in this para g raph shall apply and be included in the acid rain portion of a compliance plan for an aff ecte d so u rce , except as specific ally superse ded by reg ulations promulg ated under Title I V of the Act with reg ard to the schedule and metho d (s ) t h e s o urce will use to achie ve compliance with the acid rain emissions li mitations. (9) Requirements for

compliance cer

tification, including the following : (A) A cer

tification of compliance with all applicable require ments and state-only require ments by a responsible officia l consistent with OAC 2 5 2 : 100-8-5( f) and section 114(a) (3) of

the Act; (B ) A statement of methods used for deter mining compliance

, including a descr iption of monitoring, re cordke eping , and re porting require ments and test methods; 41(C) A schedule fo r s u b mi s s io n of compliance cer tifications during the permit term, which shall be submitt ed an n u al ly

, or more fre quently if require d by an underly ing applicable require ment state-only

require ments or by

the per mitti ng authority ; and (D) A statement indicating the source ' s compliance status with any applicable enhanc ed monitoring a

nd compliance cer

tification requir ements of the A ct. (10) The use of nationally -standar dized forms for acid rain portions o f p e rmit applications and compliance plans, as re quired by reg ulations promulga ted under Title I V of the A ct. (f) Cer tification. Any application form, repor t, or compliance cer

tification submitt ed pursuant to this Chapter shall contain cer tification by a responsible officia l of truth, acc urac y , and completene ss. This cer tification and any other cer tification require d under this Chapter shall be s i gned by a responsible officia l a

nd shall contain the following lang uag e: "I cer tify

, based on information and belief formed afte r rea sonable inquiry

, the statements and information i n t h e document are true,

acc urate , and complete ."

252:100-8- 6. P erm it content (a) Stand ard perm it requirem ents. Part 70 permits issued under this Chapter sh al l i n clude all applicable require ments and state-only require ments (as define d in OAC 252:100-8-2) that apply to the permitted source at the time of issuance. Eac h permit shall include the elements in pa rag raphs (1) throug h (4) of

subsection (a ) of this Section. (1) Em ission lim itations and standards. The perm it shall specify emissions limit ations and standards that constitute applicable require ments and state-only require ments and shall include those operational conditions and limit ations nece ssary t o as sure compliance with all such require ments. (A) The perm i t s h al l specify and ref ere nce the orig in of and authority for eac h term or condition, and identify any differ ence in form as compar ed to the applicable require ment or state-only require ment upon which the ter m or condition is based. (B ) The p er m i t shall state that, wher e an applicable require ment of the Act is more stri n gent than an applicable require ment of reg ulations promulg ated under Title I V of the Act, both provisions shall be incorporated into the permit and shall be enfor cea ble by EPA. (C) I f the State imp l em en tation plan or an applicable require ment allows a source to comply throug h an alterna tive emission limit or means of compliance

, a source may reque st
t h at s uch an alterna tive limit or means of compliance be specifie d in its permit. Suc h an alterna tive emission limit or means of compliance shall be included in a source ' s permit upon

a sh o wi n g that it is quantifiable, acc ountable, enfor cea ble, and based on replica ble

proce dures. The source shall propose p er mit terms and conditions to satisfy these require ments in its application. (2) P erm it duration. (A) O p er a ti ng perm its. The permit shall specify a fix ed term. The DEQ shall issue permits fo r an y fix ed period reque sted in the permit application, not to exceed five y ear s, except as follows: (i) Permits issued to affec ted source s shall in all cases ha ve a f ix ed ter m of five y ear s. (ii) Permits issued to solid waste incineration units combusting municipal waste subject
to standards u n d er s ec t i o n 129(e) of t he Act shall have a t erm not to exceed 12 y ear s. Such permits shall be re viewed e very five y ear s. (B ) Construction perm its. See OAC 252:100-8- 1.4. (3) Monitoring and relat ed rec ordkeeping an d reporting re qui rem ents. (A) Monitoring requirem ents. (i) The permit shall specify all emissions monitoring and analy sis proced u re s o r test methods require d under applicable require ments and state-only require ments, including
any proce dures and methods promulg ated pursuant to sections 114(a) (3) or 504(b) of the Act. (ii) The permit shall specify periodic monitoring during the rele vant time peri o d sufficie nt to yield reliable data that are repr esenta tive of the source ' s compliance with the permit, as repor

ted pursuant to (a) (3)( C) of this section when an applicable require ment

o r state-only require ment does not require periodic testing or instrumental o r n o n

42instrumental monitoring (which may consist o f recordkee ping desig ned to serve as

m o nitoring)

. Such monitoring require ments shall assure use of terms, test metho d s , units, aver ag ing periods, and other statistical conventions consistent with the applicable requirem en t or state-only require ment. Recordke eping provisions may be sufficie nt to meet the r equire ments of this subparag raph. (iii) T he permit shall specify as nece ssary , require ments conce rning the us e, maintenanc e, and, wher e appropr iate, installation of monitoring equipment or methods. (iv) The permit shall contain p ro v i s i o ns for the permittee to reque st the use of alterna tive test methods or analy sis proce dures, and provisions f or the DEQ to a

pprove or disapprove the re quest within 60 day s. (B ) Rec ordkeeping requirem ents. The permit sh al l incorpora te all applicable

rec ordkee ping r equire ments. (i) When applicable the permit shall require rec ords of require d monitoring information that include: (I ) the date, place as define d in the permit, and time of sampling or measure ments; (I I ) the date( s) ana ly ses wer e per formed; (I I I ) the company

or entity that perf ormed the a

naly ses; (I V) the ana ly

tical technique s or methods used; (V) the re sults of such analy ses; and (VI ) the oper ating conditions ex isting at the time of sa mpling or me asure ment. (ii) When applicable

, the permit shall re q u i re retention of rec ords of all require d monitoring data and support information for a period of at least five y ear s from the date of the monitoring sampl e, measure ment, repor t, or application. Support information includes all calibra

tion and maintenanc e rec ords and all orig inal stripchar t rec ording s for continuous monitoring instrumentation, and copies of all repor ts require d by the permit. Where appropr iate, the p ermit may specify that rec ords may be maintained in computerized for

m. (C) Re porting requirem ents. The permit shall incorporate all applicable repor t i n g require ments and conta in the following require ments. (i) A permit issued under this Part shall require the permittee to submit a repor t of any require d monitoring a

t least eve ry

six months. To the extent possible, the sche dule for submissi on of such repor

ts shall be timed to coincide with other periodic repor ts require d by the permit, including the permittee' s annual c ompliance cer tification. Howeve r, the

repor ts may be submitt ed at any time wi t h i n t he repor ting period, as stipulated in the permit. (ii) Eac h repor

t submitt ed under (C)(I ) of this para g raph shall identify any exceeda nces from permit require ments since the previous repor t that have been monitored b y the monitori n g s y s te ms require d under the permit, and any exceeda nces from the monitoring,

rec ordkee ping a

nd repor ting r equire ments under the pe rmit. (iii) I n addition to semiannual monitoring repor ts, eac h permittee shall be require d to submit t he following supplemental re ports. (I ) Any exceeda

nce resulting from an emer g ency as define d in OAC 252:100-8-2 or upset conditions as define d in the permit shall be repor ted promptly but no later than 4:30 p.m. on th e n ex t working day afte r the permittee first become s awa re of the exceeda nce. The initial repor

t must contain a descr iption of the emer g ency or upset conditions, any steps taken to mitigate emissions, and cor rective actions taken. Quantifica tion of exceeda nces attributable to emer g encie s or upset conditions sha ll be made by the best available method. I f t he permittee wishes to asser t the aff irmative defe nse authorized under subsection (e) of this Section for emer g encie s, the permittee shall submit a followup written repor t within 10 working day s of first becoming awa

re of the exceeda

nce. (I I ) Any ex cee dance that poses an imminent and substantial dang er to public health, safe ty

, or t h e environment shall be repor ted as soon as is prac ticable; but under no c ircumstance shall notification be more than 24 hours af ter e x cee dance

.

43(I I I ) Any other exceeda nces that are identified in the permit as requirin g m o re fre qu en t repor

ting than the permittee' s semiannual repor t shall be repor

ted on the schedule specifie d in the permit. (I V) All repor

ts of exceeda

nces shall identify the probable cause of the exceeda nces and any corr ective a ctions or pre ventive mea sures take n. (iv) Every

repor t submitt ed under this subsection shall be ce rtified by a re sponsible officia l, except that if a repor t of an exceeda

nce require d under (C)(iii) of this para g raph
must be submitt ed within ten day s of the exceeda nce, the repor

t may be submitt ed in the first instance without a cer tification if an appropr iate cer tification is provided within ten day s there afte r, toge ther with an y correcte d or supplemental information require d

conce rning the exceeda

nce. Reports submitt ed shall be consistent with the require ments of OAC 252:100-9. (4) Risk m anagem ent plan s. I f the source is require d to develop and reg ister a risk
manag ement plan pursuant to section 112(r) of the Act, t h e permit need only specify that the permittee will comply

with the require ment to reg ister such a plan. Although the require ment
to have a risk manag ement plan may be a term of the permit, the risk manag ement plan contents

are not part of the pe rmit. (5) Title IV allow ances. (A) No permit revision shall be require d for incre ases in emissions that are authorized by allowanc es acquir ed pursuant to the acid rain prog ram, provided that such incre ases do not require a per

mit revision under any

other a pplicable r equire ment. (B ) No limit shall be place d on the number of allowanc es held by the source

. The source may not, howeve r, use allowanc es as a defe nse to noncompliance with any other applicable require ment. (C) The permit shall prohibit emissions exceeding any allowanc e that the source lawfully holds under Title I V of the Act or the reg ulations promulg ated there under. Compli ance with this para g raph will be deter mined on J anuar

y 31st of any g iven y ear and be based on actua l emissions and the number of allowanc es held for

the pre vious calenda

r y ear

. (6) Severability clause. The permit shall include a sever ability clause to ensure the continued val i d i t y o f the various permit require ments in the event of a challeng e to any portions of the permit. (7) Ge neral re qui rem ents. The pe rmit 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 Ac t and is g rounds for: (i) enfor ceme nt action; (ii) permit termination, re vocation and r eissuance , or modification; or (iii) denial of a

permit rene wal application. (B ) I t sha ll not be a defe nse for a permittee in a n enfor ceme nt a ction that it would have been nece ssary to halt or reduc e the permitted activity in order to maintain compliance with the conditions of this permit. Howeve r, nothing i n this subsection shall be construed as prec ludin g co n s i d er at ion of a need to halt or reduc e activity as a mitigating fac tor in assessing penalties for noncompliance if the h ea l t h

, safe ty

, or environmenta l impacts of halting or reduc ing opera tions would be more serious than the impacts of continuing

opera tions. (C) The permit may be modified, revoke d, reope ned, and reissued, o r terminated for

cause

. Ex cept as provided under OAC 252:100-8-7.2(b) (1) for minor permit modifications, the filing of a reque st by the permittee for a permit modification, revoc ation and reissuanc e,

or termination, or of a notification of planned chang es or anticipated noncompliance does not stay any permit condition. (D) The permit does not convey any proper ty rig hts of any sort or any exclusive privileg e. (E) The permittee shall furnish to the DEQ, upon rec eipt of a written reque st and within

a rea sonable time, any information that the DEQ may requ es t t o d eter mine whether cause exis ts for modify ing, reopen ing, or revoking and reissuing or terminating the permit or to deter mine compliance with the permit. Upon reque st, the permittee shall also furnish to the DEQ copies of rec ords require d to be kept by the permit. The permittee may make a claim

44o f confide ntiality pursuant to 27A O.S. § 2-5-105.18 for any information or reco rd s

submitt ed under

this parag raph. (8) F ees. The permit shall provide that the permittee will pa y fee s to the DEQ c onsistent with the fe e sche dule established unde r OAC 252:100-5-2.2. (9) Em ission s trading. The permit shall provide that no permit revision shall be require d under
any approve d economic incentives, marke table permits, emi s s i o n s trading and other simil ar prog rams or pr ocesse s for c hang es that ar e provide d for in the pe rmit. (10) Operating scenarios. T h e p er m it shall include terms and conditions applicable to all

opera ting scena

rios descr ibed in the permit application and elig ible f o r a p p r o v al under applicable require ments and state-only require ments. The permi t s h all authorize the permittee to make chang es among operating scena rios authorized in the permit without notice, but shall require the permittee contempora

neously with making a

chang e from one opera

ting scena rio to a nother to

rec ord in a log at the per

mitted facility

the sce nario unde r which it is operating. (11) Em ission s averaging. The permit sh al l include terms and conditions, if the permit applicant reque sts them, for the trading or aver ag ing of emissions incre ases and decr ease s in the permitted fac ility

, to the extent that the applicable require ments provide for trading or aver ag ing such incre ases and decr ease s. Such terms and conditions shall include terms under subsections (a) and (c) of this Section to deter mine compliance and sh al l s at i sfy all require ments of the applicable require ments authorizing such tra ding or aver ag ing. (b) F ederally enforce able requirem ents. (1) Ex cept as provided in pa rag raph (b)( 2) of this Section, all terms and conditions in a permit issued under this Section, including any provisions desig ned to limit a source ' s potential to emit,

are enfor cea

ble by the DEQ, by

EPA, and by

citizens under sec tion 304 of the Act. (2) Notwithstanding para g raph (b)( 1) of this Section, th e DE Q s hall desig nate as not being fede rally enfor cea

ble under the Act any terms and conditions included in the permit that are not require d under the Act or any of its applicable require ments, and such terms and conditions shall not be enf

orce able by

EPA and citizens under sec tion 304 of the Act. (c) Com plian ce requirem en ts

. Al l permits issued under this Part shall contain the following elements with re spect to complianc e. (1) Consist ent wit h para g raph (a) (3) of this Section, the permit shall contain compliance

cer tification, testing, monitoring, repor ting, and rec ordkee ping require ments sufficie nt to assure compliance with the terms and conditions of the permit. Any document (includin g reports) require d by a permit under this Part shall contain a cer tification by a responsible officia l as to the results of the r equire d monitoring. (2) The permit shall contain inspection and entry require ments that require that, upon prese ntation of cre dentials and other documents as may be require d by law, the permittee shall allow authorized off

icials of the DE Q to: (A) enter upon the permittee' s premises during rea sonable/normal working hours wher e

a source is located or emissions-relate d activity is conducte d, or wher e rec ords must be kept under the conditions of the per mit; (B ) have acc ess to and copy , at rea sonable times, any rec ords that must be kept under the conditions of the per

mit; (C) inspect at rea sonable times and using rea sonable safe t y p ractices any fac iliti es, equipment (including monitoring and air pollution control equipment), prac tices, or opera tions reg ulated or r equire d under the permit; and (D) as authorized by the Oklahoma Clean Air Act, sample or monitor at rea sonable times substances or

para meters f or the purpose of assuring compliance with the permit. (3) T h e permit shall contain a schedule of compliance if require d under OAC 252 : 1 0 0 -8

- 5(e) (8)( B)

. (4) To the extent require d under an applicable sched u l e o f compliance and OAC 252:100-8- 5(e) (8), the permit shall contain the require ment for prog ress rep o rt s t o be submitt ed semiannually or more fre quently if specifie d in the applicable require ment or by the DEQ. Such
prog ress re ports shall contain: (A) dates for achie ving the activities, milestones, or compliance require d in the schedule of compliance

, and dates when such activities, milestones or compliance wer e achie ved; and

45(B ) an explanation of why any dates in the schedule of compliance wer e not or will not

be met, and a

ny preve ntive or cor

rec tive measure s adopted. (5) T h e p ermit shall contain require ments for compliance cer tification with terms and conditions contained in the permit that are fede rally enfor cea ble, including emission limit ations, standards,

or work prac tices. Eac h permit shallcontain all of the following specific ations and require ments. (A) Eac h permit shall specify the fre quency (which shall b e a nn u a ll y u n le ss the applicable require ment or state-only require ment specifie s submissi on more fre quently ) of submissi ons of complianc e ce rtifications. (B ) Eac h perm it s h a ll specify in acc ordanc e with para g raph (a) (3) of this Section, a means for monitoring the compliance of the source with emissions limit ations, standards, and work

prac tices. (C) Eac h permit shall include a r equire ment that the compliance cer tification include: (i) the identification of eac h term or condition of the permit that is the basis of the

cer tification; (ii) the permittee' s curr ent compliance s t at u s , as shown by monitoring data and other information ava ilable to the per mittee; (iii) whether

compliance was c ontinuous or intermittent; (iv) the method(s) used for deter mining the compliance status of the source , curr ently and over the re porting period a s require d by para g raph ( a)( 3) of this Section; and (v) such ot her fact s as the DEQ may require to deter mine the compli ance status of t he

source

. (D) Eac h permit shall contain a require ment that all compliance cer t i fi cations be submitt ed to EPA as we ll as to the DEQ. (E) Eac h permit shall contain such additional require ments as may be specifie d pursuant to sections 114(a) (3) a

nd 504(b) of

the Act. (6) Eac h permit shall contain such othe r provisions as the DEQ may require

. (d) P erm it shield. (1) Eac h operating permit issued under this Part shall include a "pe rmit shield" provision, which

s hall state that compliance with the terms and conditions of the permit (including t er m s an d condi t ions established for alternate operating scena rios, emissions trading

, and emissions

aver ag ing, but excluding terms and conditions for which the permit shield is expressly prohibited under this Subchapter ) shall be deeme d compliance with the applicable require ments identified and included in the pe rmit. (2) Upon reque st, the DEQ shall include in the permit or in a separ ate written finding issued with the permit a deter

mination identify ing specific require ments that do not apply to the source

. The

source shall specify in its application for such a deter mination the requirement s fo r wh i ch the deter mination is reque sted. I f the deter mination is issued in a separ ate finding

, that finding shall b e s u mmarized in the permit. The permit shall state that the permit shield applies t o an y require ments so identified. A request for a dete rmination to ex tend the shield to requir ements deeme d inapplicable to the source may be made either in the orig inal permit application or in a subsequent application for a pe rmit modification. (3) A Part 70 permit that does not expressly state that a pe rmit shield ex ists shall be presumed not to provide such a shie ld. (4) Nothing in this Section or in the per mit shall alter or af

fec t: (A) the provisions of section 303 of the Act, including the authority of the Administrator under tha t section; (B ) the liability of an owner or opera tor of a s ource for any violation of applicable require ments or state-only require ments prior to or at the time of permit issuance ; (C) the applicable require ments of the acid rain prog ram, consistent with section 408(a) of the Ac t; or (D) the ability of EPA to obtain information from a source pursuant to section 114 of the Act. (e) Em erge ncies.

46(1) An emer g ency constitutes an aff irmative defe nse to an action broug ht fo r noncompliance with such technolog y -base d emission l i m i t at i ons if the conditions of para g raph (e) (3) of this Section and the r eporting require ments of OAC 252:100-8-6( a)( 3)(C)( iii)(I ) ar e met. (2) The aff

irmative defe nse of emer g ency shall be demonstrated throug h proper ly signed, contempora

neous oper ating logs or

other re levant evide nce tha t: (A) an em erge ncy occur red and that the permittee can identify the cause (s) of the

emer g ency ; (B ) the per

mitted facility

was a t the time being proper ly opera ted; (C) during the period of the emer g ency the permittee took all rea sonable st ep s to minimi ze levels of emissions that exceede d the emission standards or other require ments in the per mit. (3) I n any enfor ceme nt proce eding

, the permittee seeking to establish the occur renc e of an

emer g ency

has the burde n of proof

. (4) The provision in this subsection is in addition to any emer g ency or upset provision contained in any applicable require ment or OAC 252:100-9. (f) Operational f

lexibili ty. (1) Appli ca nt's duty to appl y for alter native scenarios. A fac ility may implement any opera ting scena

rio allowed for in its Part 70 permit without the need for any permit revision or any notification to the permitting authority

. I t is incumbent upon the Part 70 permit applicant to apply for any rea sonably anticipated alternative fac ility opera ting scena rios at the time of initial

or re newa l permit application. (2) Changes resulting in no em ission s increase s. A permitt ed P art 70 source may make the following chang es within the fac ility

. (A) Such a source may make chang es that are not modific ations under any provision of Title I of the Ac t. (B ) Such a source may make chang es t hat do not cause any hourly or annual permitted emission rate of a

ny exis ting e missions unit to be exceeded. (C) Such a source may make chang es that result in a net change i n emissions of zero, provided that the fac ility notifies the DEQ and EPA in writing at least 7 day s in advanc e of the proposed chang es. The source , DEQ, and EPA shall attach eac h such notice to their copy of the rele vant permit. For eac h such chang e, the written notification require d above shall include a brief descr iption of the chang e within the permitted fac ility

, the date on which the change will occur , any chang e in emissions, and any permit term or condition t h at i s n o longe r applicable as a result of the chang e. The permit shield descr ibed in OAC 252:100-8- 6(d) doe s not apply

to any chang e made pursuant to this subsection.

252:100-8- 6.1. Ge neral perm its (a) Appli cability. (1) The DEQ may , afte r notice a nd opportunity for public participa tion, issue a g ener al per mit for any source cate g ory if it conclude s that the cate g ory is appropr iate for permitting on a g ener ic basis. Any g ener al permit shall comply with all require ments applicable to other Part 70 permits. No g ener al permit may be issued for aff ecte d s o u rc es u n der the acid rain prog ram unless otherwise pr ovided in reg ulations promulga ted under Title I V of the A ct. (2) A g ener al permit may be issued for a source cate g ory b as ed upon an application from a

source within the source cate g ory or upon the DEQ' s own initiative. The DEQ shall, following

rec eipt of an application for a g ener al permit, or upon a deter mination that issuance of a g ener al permit for a cate g ory of source s may be appropr iate, follow the same proce dures for issuance of
a g ener al per

mit as for any

other pe rmit issued under this part. (3) A g ener al per

mit may be issued to establish: (A) Terms and conditions to implement applicable require ments and state-only require ments for a

source cate g ory

. (B ) Terms and conditions to implement applicable require ments and state-only require ments for spec ified ca teg ories of c hang es to permitted sourc es. (C) Terms and conditions for new require ments that apply to source s with exis ting permits.

47(D) Fe dera lly -enf orce able c aps on emissions from source s in a specif ied ca teg ory

. (4) The DEQ may

issue a g ener al per

mit if it finds that: (A) There are sever al permittees, permit applicants, or potential permit applicants who: (i) Have the same or substantially simil ar operations, emissions, activities, or fac iliti es. (ii) Emit the same ty

pes of r eg ulated air

pollutants. (B ) The operations, emissions, activities, or fac iliti es are subject to the same or simil ar: (i) Standards, limitations, and operating require ments. (ii) Monitoring r equire ments. (5) I f some, but not all, of a source ' s operations, activities, and emissions are elig ible for

cover ag e under one or more g ener al permits, the s o u rc e must apply for an individual Part 70 permit for a ll of its covere d source s. (6) Fa cilities located in are as that are fede rally desig nated as non-attainment are not elig ible for

cover ag e under

a g ener al per

mit. (7) Sites that are not in compliance with all applicable S t at e and Fe dera l air reg ulations are elig ible for a

g ener al oper ating permit only if: (A) They

submit t o DEQ a

n approva ble compliance plan, and (B ) The fa cility

submits t o Tier I Ipublic revie w. (8) Fa ci l ities with exis ting state operating permits are elig ible for cover ag e under a g ener al

opera ting pe rmit. (9) Fa cilities exis ting pri o r t o the eff ective date of any applicable standard that would have

cre ated specific quantifiable and enforce ab l e em i ssion rate s are elig ible for cover ag e under a g ener al oper ating permit. (b) Authorization. (1) A g eneral permit issued under this section shall identify criter ia by which source s may qualify for the g ener al permit. After a g ener al permit has been issued, any source may submit a reque st to be cover ed under the permit in the form of an application for authorization to operate under the g ener al permit. Such application shall identify the source and provide information sufficie nt to demonstrate that it falls within the sourc e cate g ory cover ed by the g ener al permit, toge ther with any

additional information that may be spec ified in the g ener al per mit. (2) See OAC 252:4-7 for Tier I permitting proce sses and timelines for individual authorizations under g ener al permits. The DEQ shall act to approve or deny the application within 90 day s of filing. (3) A final action approving an authorization to operate under a g ener al permit s h al l not be subject to public comment or judicial r eview. (4) The DEQ will publish, at least monthly

, an upd at ed list of source s approve d for inclusion under the g ener al permit and any ag g rieve d person may petition the DEQ to revie w the approva l of any stationary source for inclusion under a g ener al permit within 30 day s afte r publication of the list. (5) A copy of the g ener al permit, toge ther with a list of source s approve d for cover ag e under it, shall be kept on file f

or public re view at the of fice s of the DEQ

. (c) P erm it shield

. A g ener al permit issued under this section shall provide that any source approve d for cover ag e under a g ener al permit shall be entitled to the protec tion of the permit shield for all

opera tions, activities, and emissi ons addre ssed by the g ener al per

mit, unless and to the ext ent that i t is subsequently deter

mined that the source does not qualify for the conditions and t er m s o f t h e g ener al per

mit. (d) Revisions. (1) I f an owner or opera tor of a source (s) makes a chang e to a source cover ed by a g ener al permit that aff ects any ap p l icability information supplied in the g ener al permit application, but the

source is still elig ible for cover ag e under a g ener al permit, the owner or operator must revise the
g ener al per

mit application and submit it to the DEQ within 60 day s. (2) After cover age is g rante d to a source under the g ener al permit, phy sical chang es to the fac ility which result in the addition of equipment new to the fac i l i t y , ei ther as a repla ceme nt (ex ce p t like-kind repla ceme nts) or net addition, will require a construction permit or a new authorizat i o n

. Any signific ant modification to a stationary source included under a g ener al permit shall subject the sourc e to a Tie r I Irevie w.

48(3) I f equipment new to the faci l i t y is newly purcha sed or is reloc ated from another fac ility

wher e a permit was issued wit h enfor cea ble emissions limit s on that equipment, then authorization under the g ener al permit shall be modified or amende d to inclu d e an emi ssions limit for the newly purcha sed or reloc ated equipment. "G randf ather ed" emissions source s at the fac ility will reta in only the equipment descr iptions as permit conditions. "G randf ather ed" means

a u nit that was in exis tence prior to the eff ective date of any applicable reg ulation that would have c rea ted spec ific quantifiable and enf orce able e missions rate limit s. (4) For a g ener al operating permit, if emissions c hang e for any rea son that subjects the fac ility

t o PSD permitting require ments, then the fac ility no longe r qualifies for a g ener al o p er at i n g permit. Howeve r, the exis ting g ener al operating permit will rema in valid during the time period

cover ed by the PSD construction permit until the fac ility rec eives a Part 70 site specific opera ting permit for the entire f

acility

. (e) P erm it content. Specific terms and conditions that will make the ap p l icable rules and require ments enfor cea

ble shall be stipulated in the g ener al per mit. (f) Renewal of

general oper ating perm its. (1) The DEQ will initiate the renewa l proce ss for a g ener al operating permit at l ea s t 180 day s prior to the per

mit's expiration date and w ill follow the require ments in 252:100-8-7(a)

. (2) Owner s or operators shall apply to rene w an authorization at least 60 day s prior to expiration of the exis ting authorization. Upon submitt al of a timel y and administratively complete application, the a

pplicant may

continue to oper ate until such time as the DEQ g rants or de nies

cover ag e under

the g ener al oper ating permit.

252:100-8- 6.2. Tem porary source s The DEQ may issue a single permit authorizing emissions from simil ar operations by the same

source own er o r o p er ator at multipl e temporar y locations. The operation must be temporar y and involve at l ea s t o ne chang e of location during t he term of t he permit. No affec ted s ource shall be permitted as a

temporar y source . Permits for tempora ry source s shall include the following : (1) Conditi ons that will assure compliance with all applicable require ments at all authorized locations; (2) Requirements that the owner or operator notify the permitting authority at least ten da y s in advanc e of e ach c hang e in location; and (3) Conditi ons that assure c ompliance with all other provisions of this section.

252:100-8- 6.3. Special provisi ons f or aff ect ed (acid rain) source s (a) Appli cation bin din g until perm it issuan ce or denial. A complete acid rain permit application is binding on the applicant and enfor cea ble as a permit until an acid rain permit is issued or denied. For applicable permitting pr ocesse s, see OA C 252:4-7. (b) Exem ption petitions. Applicants with small units that burn low sulfur fuel or source s that retire

a unit can petition to have such units exempted from cer tain permitting and monitoring require ments under the acid r ain re g ulations. (c) P erm it shield. The a cid ra in portion of ever y operating permit is cover ed by a per mit shi eld. This shield assure s that an applicant operating in acc ordanc e with a permit issued in acc ordanc e with Title I V of the A ct, will be dee med to be oper ating in compliance w ith the Acid Rain Prog ram. (d) Modif

ications. See 40 CFR 72.82. (e) Duration. Acid rain permits will have a term of five y ear s commencing on the permits eff ective date. The DEQ may

issue a per

mit with a future ef

fec tive date. (f) Right of interve ntion. The Administrator may intervene as a matter of ri gh t i n any administrative appe al involving a n Acid Rain per

mit or denial of an A cid Rain permit. (g ) Adm inis trat ive appeal. The administrative appea l period shall b e n o m ore than 90 day s following the issuance of the Acid Rain permit and the judicial appea l period shall be no more than 90 day s following a

final ag ency

action. (h) Adoption of 40 CF R P art 72 by refer ence. DEQ here by adopts and incorporates by ref ere nce t h e p ro v i s i o n s of 40 CFR Part 72, as published in the Fe dera l Reg ister on J anuar y 11, 1993, o n Marc h 23, 1993, and on October 24, 1997, for purposes of implementing an acid rain prog ram that
meets the re q u i re m en ts of Title I V of the Act. The term "pe rmitting authority " shall mean the

49Oklahoma Depa rtment of Environmental Quali t y and the term "A dminist rator" shall mean the Administrator of the United States Env ironmental Protection Ag ency

. I f the provisions or require ments of 40 CFR Part 72 conflict with or are not included in 252:100-8, the Part 72 provisions and re quirements shall apply and take prec edenc e.

252:100-8- 7. P erm it issuan ce (a) Crite ria for issuan ce. A permit, permit modification, o r re n ewal may be issued only if the applicable require ments of 27A O.S. §§ 2-14-101 throug h 2-14-401; OAC 252:4-7; and this Chapter have been met and the DEQ has deter mined that the conditions of the permit provide for compliance with all applicable require ments and, for applications subject to OAC 252:100-8-8, t h at the require ments of that Section have been satisfied. (b) Draft perm its and notice there of. See OAC 252:4-7. A statement that sets forth the leg al and fac tual basis for the draf t p er m i t condit ions (including ref ere nces to the applicable statutory or reg ulatory

provisions) shall acc ompany the dra ft permit. (c) EPA revie w. See OAC 252:100-8- 8. (d) DEQ f

inal action. See OAC 252:4-7 a nd 252:100-8-8 whe n applicable

. (e) Time line for tec hni cal re v i ew a nd issuan ce. The DEQ shall take final action on eac h application for a permit within 18 months afte r beginning its technic al re v i ew in acc ordanc e with OAC 252:4-7-4 throug h 252:4-7-12 and O AC 252:4-7-31; and OA C 252:100-8-4(b)( 7).

252:100-8- 7.1. P erm it re newal and expi ration (a) Time ly app lication f or perm it re newal

. (1) Applications for permit rene wal and for p er mits for new Part 70 source s or amendments, shall be consider ed timely if the applica

nt meets the re quirements of this subsection. (2) Stationary

source s opera ting unde r per mits i ssued by the DEQ under this Subchapter shall apply for permit reissuanc e at least 180 day s befor e the expiration of the exis ting permit, unless the permit specifie s that the application must be submitt ed sooner. The DEQ shall require in a permit that a reissuanc e application b e submitt ed sooner if it deter mines that an ear lier application is neede d to minimi ze the possibili ty of expiration prior to reissuanc e. The DEQ may make t h e deter

mination if it anticipates a rela tively leng thy permit revie w proce ss due to the complexit y of the stationary source or anticipated involvement of the public. I n no event shall the permit require application for reissuanc e sooner than eig hteen months prior to the expiration of the pe rmit. (b) Appli cation content for renewal of expiring perm it. I n submitt ing an application for rene wal of a Part 70 opera ting permit, a source m ay i d enti fy and incorporate by ref ere nce terms and conditions in its previous permit and permit application(s) that should rema in unchang ed. I n addition, a re newa l application must contain: (1) information specifie d in 252:100-8-5(e ) for those products, proce sses, operati o ns, and emissions: (A) That ar e not addr essed in the e x isting per mit; (B ) That are subject to applicable require ments or stat e-only require ments that are not addre ssed in the exist ing pe rmit; or (C) For which the source seeks permit terms and conditions that differ from those in the exis ting pe rmit; and (2) a complianc e plan a

nd cer tification as re quired in 252:100-8-5( e)( 8) and ( 9). (c) I s s u a n ce of renewal perm it. Applications for permit rene wal shall be subject to the s am e proce dural require ments, including those for public participa tion, aff ecte d State comment, and EPA revie w, that apply

to initi al per

mit is suance under 252:100-8- 7(a)

. (d) Expi ration of p erm it. (1) A source ' s rig ht to ope rate shall terminate upon the e x piration of its permit unless a timely and compl et e re n ewa l application has been submitt ed at least 180 day s befor e the date of expiration. (2) I f a timely and complete application for a permit rene wal is submitt ed, but the DEQ fails to take f inal action to issue or de ny the re newa l permit befor e the e nd of the ter m of the pre vious

50permit, then the permit shall not expire until the rene wal permit has been issued or denied, and

any permit shield g rante d for the pe rmit shall continue in effe ct duringthat time.

252:100-8- 7.2. Adm inis trat ive perm it am endm ents and p erm it m odif ications (a) Adm inis trat ive perm it am endm ents. (1) An administrative per mit amendment: (A) Correc ts ty

pog raphic al er

rors; (B ) I dentifies a chang e in the name , addre ss, or phone number of any person identified in the permit, or provide s a similar minor administrative cha ng e at the sour ce; (C) Requires more fre quent monitoring or repor ting by the per mittee; (D) Allows for a chang e in ow nership or operational control of a source wher e no other chang e in the permit is nece ssary , provided that a written ag reem en t co n t aining a specific date for transfe r of permit responsibility

, cover ag e, and liability betwee n the curr ent and new permittee ha s been submitted to the DEQ; (E) I n corpor ates int o the permit the requirements from prec onstruction revie w permits issued by the DEQ unde r this Part. (2) Administrative permit amendments for purposes of the acid rain portion of the permit shall be g overne d by

40 CFR Part 72. (3) An administrative permit amendment shall be made by the DEQ in acc ordanc e with the following : (A) The DEQ shall take final action on a reque st for an administrative permit amendment within 60 day s from the date of rec eipt of such a reque st, and may incorporate the proposed chang es without providing notice to the public or aff ecte d States provided that it desig nates
any such per mit revisions as having been ma de pursua nt to this para g raph. (B ) The D EQ shall submit a copy of the re vised permit to the Administrator. (C) The sour ce ma

y implement the chang es addr essed in the r equest for an administrative amendment immediately

upon submitt al of the r equest. (4) The DEQ shall, upon taking final action g ranting a reque st for an administrative permit amendment, allow cover ag e by the permit shield i n OA C 2 5 2 :100-8-6(d) for administrative permit amendme nts made pursua nt to OAC 252:100-8-7.2(a) (1)( E). (b) P erm it m odif

ication. A permit modification is any revision t o a p er m i t that cannot be

acc o m p l ished under OAC 252:100-8-7.2(a ). A permit modification for purposes of the acid rain portion of the per

mit shall be gove rned by

40 CFR Part 72. (1) Minor perm it m odif ication procedures. (A) Crite ria. (i) Minor permit modi fi cation proce dures may be used only for those permit modifications that: (I ) Do not violate any

applicable require ment, or state- only require ments; (I I ) Do not involve signific ant chang es t o exis ting monitoring, repor ting or

rec ordkee ping r equire ments in the permit; (I I I ) Do not require or chang e a case -by -ca se d et er m i nation of an emission limit ation or other standard, or a source -spec ific deter mination for temporar

y source s of ambient impac ts, or a visibilit y or incre ment analy sis; (I V) Do not seek to establish or chang e a permit term or condition for which there is no corr esponding underlying appli ca b l e require ment or state-only require ment which the source has assumed to a void some other applicable require ment or stateonly require ment to which the source would otherwise be s ubject. S uch ter ms and conditions include fede rally -enf orce able emissions caps assumed to avoid classifica tion as a modification under any p rovision of Title I and alterna tive emissions limit s approve d pursuant to reg ulations promulg ated under § 112(i)(5) of the Act; and (V) Are not modifications under a ny provision of Title Iof the Ac t. (ii) N o tw it

h s ta n d in g O A C 2 5 2 :1 0 0

- 8

- 7

. 2 (b)( 1)(A) (i) and 252:100-8-7.2(b) (2)( A), minor permit modification proce dures may be used for permit modifications involving the use of econo mic incentives, marke table permits, emissions trading

, and other simil ar

51approa ches, to the extent that such minor permit modification proce dures are expli citly provided for in the State' s implementation plan or i n applicable require ments promulg ated by

EPA. (B ) Appli cation. To use the minor permit modification proce dures, a s o u r c e s h a ll submit

an application reque sting such use which shall meet the permit application require ments of Tier I under O AC 252:4-7 and shall include the following : (i) A desc ription of t he chang e, the emissions resulting from the chang e, and a ny new applicable require ments or state-only require ments that will apply if the chang e occur s; (ii) The sourc e' s sugg ested modifica tion langua g e; (iii) Certifica tion by a responsible officia l, that the application and th e p ro p o sed modification meet the c riteria f or use of minor permit modification proce dures; and (iv) Completed forms for any notices required by OAC 2 5 2 : 4 -7 and OAC 252:100-8- 7.2(b)( 1)(C). (C) EPA and aff

ect ed state notif

ication. I f the proposed minor modification is of a permit that underw ent EPA revie w in acc ordanc e with OAC 252:100-8-8, the provisions of that section shall apply

to the minor modification application. (D) T im etable for issuan ce. Wit hin 90 day s of the DEQ' s rec eipt of a co m p l et e application under

OAC 252:4-7 the DEQ shall: (i) I ssue the minor per

mit modi fica tion as approve d; (ii) Deny the minor permit modification applica tion; or (iii) Deter

mine that the reque sted modific at i o n does not meet the minor permit modification criter ia and should b e revie wed under the signific ant modification

proce dures or

administrative amendme nt proce dures. (E) Source's abili ty to m ake change. I mmediately afte r filing an application meeting the require ments of these minor permit modification proce dures, the source is authorized to make the chang e or chang es proposed in the application. After the source makes the chang e and until th e DE Q t akes any of the actions specifie d in OAC 252:100-8-7.2(b) (1)( D)(i) throug h (iii), the source m u st comply with the applicable require ments and state-only require ments g overning the chang e and the proposed pe rmit terms and conditions. During this period, the source need not comply with the exis ting terms and co n d i t i o ns it seeks to modify

. Howeve r, if the source fails to comply with its proposed p er m i t t er m s and conditions du ri n g this time period, the exis ting permit terms and conditions it seeks to modify may be enf orce d ag ainst it. (F ) P erm it shield

. The permit shield under OAC 252:100-8-6(d) will not extend to minor permit modifications. (G) P erm ittee 's risk in com m encing c onstruction. The permittee assumes the risk of losing any investme n t i t m akes toward implementing a modification prior to rec eiving a permit amendment authorizing the modification. The DEQ will not consider the possibili ty of the permittee suffe ring financ ial lo ss due to such investment when deciding whether to
approve , deny , or appr ove in modified for m a minor permit amendme nt. (2) Sign if icant m odif

ication procedures. (A) Crite ria. Significa nt modification proce dures shall be used for appl i cations

reque sting pe rmit modifications that: (i) I nvolve any signific ant chang es in e x isting monitoring require ments in the permit;. (ii) Relax any

repor ting or rec ordkee ping r equire ments. (iii) Chang e any permit condition that is require d to be based on a case -by -ca se deter minati o n of an emission limit ation or other standard, on a source -spec ific deter mination of ambient impacts, or on a visibil ity or incre ment analy sis; (iv) S ee k t o es t ab lish or chang e a permit term or condition for which there is no

corr esponding underlying applicable require ment or state-only require ment wh i ch the

source has assumed to avoid some o th e r a p p li c a b le require ment or state-only require ment to which the sourc e would other wise be subjec t. Such terms and conditions include: (I ) A fede rally enfor cea

ble emissions cap assum ed to avoid classification as a modification under a

ny provision of Title I ;

52(I I ) An alterna tive emissions limit approve d pursuant to reg ulations promulg ated under se ction 112(i)(5) of the Ac t; and (v) Are modifications under a ny provision of Title I

of the Ac t; and, (vi) Do not qualify

as minor per

mit modi fica tions or administrative amendments. (B ) P roce dures for processin g

. S i g nificant permit modifications shall meet all require ments of these rules that are applicable to Tier I I applications. The application for the modification shall descr ibe the chang e, the emissions resulting from the chang e, and any new applicable require ments or state-only require ments that will apply if the cha ng e occ urs. (C) I s s ua nc e

. T h e D EQ shall complete revie w of signific ant permit modifications within nine months afte r re ce i p t o f a complete application, but shall be authorized to extend that date by up to three months for c ause.

252:100-8- 7.3. Reopening of operating perm its for cause (a) Mandatory reopening. Eac h issued permit shall include provisions specify ing the conditions under w hich the per

mit will be re opened pr ior to the expiration date of the per mit. A permit shall be re opened a

nd revised unde r any

of the following circ umstances: (1) Additional fede ral applicable require ments become applicable to a stationary source with a

rema ining permit term of three o r m o re y ear s. Such a reope ning and amendment shall be completed not later than 18 months afte r promulgation of the fed er al applicable require ment. Reopening is allowed if an applicable require ment become s eff ective and the orig inal 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) bey ond the 18-month timefram e f o r r e v ision. No such reope ning is require d if the eff ective date of the require ment is later than the date on which the permit is due to expire. (2) Additional require ments (including excess emissions require ments) become applicable to an aff ecte d source under the acid rain prog ram

. Up on approva l by the Administrator, excess emissions offset plans shall be de emed to be inc orpora ted into the permit. (3) The DEQ or the EPA deter mines that the permit contains a materia l mis t ak e o r t h at inacc urate statements were made in establishing the emissions standards, lim itations

, o r o t her
terms or c onditions of the permit. (4) The Adminis t ra t o r o r the DEQ deter mines that the permit must be revised or revoke d to

assure compliance with the applicable require ments. (b) Discre tionary re openin g. The DEQ may reope n and ame nd a per

mit when: (1) additional state-only requir em en t s become applicable to a permitted stationary source and the eff ective date of the require ment is a t le ast 18 months prior to the date on which the permit is due to expi re; (2) altera tions or modifications to the permitted fac ility will result in or have t h e potential to result in signific ant alteration of the nature or quantity of reg ulated air pollutants to be emitted by the per mittee; (3) the DEQ rec eives information previously unavailable to the DEQ that shows that the terms and conditions of the permit do not acc urate ly repr esent the actua l circ umstances rela ting to the permitted fa cility ; (4) a court of compe tent jurisdiction invalidates or modifies an Oklahoma or fede ral statute or rule or f eder al g uideline upon which a condition of the per

mit is based; or (5) an event occur s that is bey ond the control of the permittee that nece ssitates modification of a complianc e sche dule in the per mit. (c) Reopening proc edures. To reope n and amend a permit, the DEQ shall follow the proce dures that apply to signific ant permit modifications under this Subchapter

, unless the amendment can be made as an administrative amendment under 252:100-8-7.2( a )

. M a n d a to r y r e o p e n in g s under 252:00- 8-7.3(a ) shall be made as expeditious ly as prac ticable. I n lieu of an application, the signific ant permit modification proce ss will commence when the DEQ g ives 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 wher e public notice is require d, until at least thirty day s afte r t h e DEQ has g iven the permittee written notice of its intent to amend the permit, unless the permittee consents to less notice,

or in the case of an emer g ency

. I n case s wher e public participa tion is require d, only those portions

53of t he permit that the DEQ proposes to amend shall b e o p en for public comment or consideration

at a mee ting or

hear ing. (d) Reopenings f

or cause by EP A. (1) I f the Administrator finds that cause exis ts t o t er m inate, modify

, or revoke and reissue a permit, the Administrator shall notify the DEQ a

nd the per mittee of such f

indings in writing

. (2) The DEQ shall, within 90 day s afte r rec eipt of such notification, forwa rd to EPA a proposed deter mination of t ermination, m odification, or revoc ation and reissuance

, as appropriate. The Administrator may extend this 90-day period for an additional 90 day s if he finds that a new or revised permit ap p l i ca t i o n i s nece ssary or that the DEQ must require the permittee to submit additional information. (3) The Administrator will revie w the proposed deter mination from the DEQ within 90 day s of

rec eipt. (4) The DEQ shall have 90 day s from rec eipt of an EPA objection to resolve any objection that EPA makes and to terminate, modify

, or re voke and reissue the permit in acc ordanc e with the Administrator' s objection. (5) I f the DEQ fails to submit a proposed dete rmination pursuant to this subsection, or fails to resolve a ny objection pursuant to this subsection, the Administrator will terminate, modify , or revoke and re issue the per mit after taking the following actions: (A) Providing at l east 30 day s' notice to the permittee in writing of the rea sons for any such ac tion. (B ) Providing the permittee an opportunity for comment on the Administrator' s proposed action and a

n opportunity

for a hear ing.

252:100-8- 7.4. Revoc ations of operating perm its (a) Revoc ation of a perm it or authorizat ion u nder a general perm it wi thout r eissuance. The DEQ may revoke permits or authorizations under a g ener al per

mit and not reissue them whe n: (1) there exis ts at the permitted fac ility unresolved noncompliance with applicable require ments

or a condition of the permit or authorization, and the permittee ref uses to u n d er t ak e an enfor cea ble sche dule of c ompliance to re solve the noncomplianc e; (2) the permit t ee fails to disclose fully the fac ts rele vant to issuance of the permit or authorization or submits false or misleading information to the DEQ or the Administrator; (3) the per

mittee has fa iled to comply with any require ment under 252:100-5 to pa y fee s; or (4) the permittee has failed to pay a penal ty owed pursuant to court order

, consent decr ee, stipulation agr eeme nt, or schedule of complianc e. (b) Revoc ation procedures. The DEQ shall g ive notice to the permittee of its intention to revoke a permit without reissuanc e. This notice mus t state t hat wit hin 30 day s of the re ceipt of the notice the per mittee may

reque st a contested c ase he aring be held on the proposed action, except that the DEQ may provide less notice in case of an emer g ency

. I f the permittee reque sts a contested case hear ing, the DEQ shall hold the h e a r in g in a c c o r d a

nce with the Oklahoma Administrative Procedur es Act.

252:100-8- 7.5. Judi cial revie w Any final action in gra nting or denying an application for a permit, permit amendment or modification, or permit rene wal shall be subject to judicial review in the court of appropr iate jurisdiction upon an application filed by the applicant or permittee, or by any aff ecte d state or other person who participa

ted i n the publ ic comment proce ss. Ex cept for authoriz at i o ns under Gener al Permits, judicial revie w is available to all aff ecte d parties for all final permit actions including minor modifications and administrative actions. I f no publi c co m m ent proce dure was employ ed for the action under challeng e, an application for revie w may be filed by the permittee or an aff ecte d state. The opportunity for judicial revie w provided for in this subsection shall be the exclusive means for obtaining judicia l reviewof any permit ac tion. (1) No application for judicial revie w may be filed more than 90 day s following the final action

on which revie w is soug ht, unless the g rounds for revie w arose at a later time, in which case the application for revie w shall be filed within 90 day s of the date on which the g rounds for revie w first arose and re view shall be limited to such later -ar ising g rounds.

54(2) Any application for

judicial revie w shall be limited to issues that: (A) wer e ra ised in comments filed with the DEQ or during a public hear ing on the proposed permit action (if the g rounds on which revie w is soug ht wer e known at that time), except that this re striction sha ll not apply if the per son seeking revie w was not a ffor ded an advanc e opportunity

to comment on the cha lleng ed ac tion; and (B ) are g erma

ne and ma terial to the pe rmit action at issue. (3) For purposes o f t h i s s ection, "final action" shall include a failure by the DEQ to take final action to g rant or de ny

an application within t he time spec ified in this Chapter.

252:100-8- 8. P erm it re view b y EPAand af fected stat es (a) Appli cability. This Section applies to all S u bchapte r 8 permit actions except administrative permit amendme nts. (b) F orm at. To the ex tent prac ticable, information provided to the EP A by applicants shall be in computer- rea dable f

ormat compa tible with EPA's national da tabase manag ement sy stem. (c) Rec ordkeeping. The DEQ will keep for 5 y ear s rec ords require d by this Section and will submit
to the Administrator such information as the Admin i s t ra t o r may rea sonably require to asce rtain whether the State prog ram c omplies with the require ments of the Ac t or of this Chapter. (d) Transm ission of inf

orm ation to EPA

. The DEQ shall provide to the Administrator a copy of

eac h permit application (including any application for permit modification), eac h proposed permit, and eac h final permit, unless waived by the Administrator for a cate g ory of source s other than major

source s. I n the alter

native, the DE Q may

require an applica

nt upon filing to provide a copy of the permit application (including the compliance plan) direc tly to the Administrator. Upon ag ree ment with the Administrator, the DEQ may submit a permit application summary form and any rele vant portion of the per

mit application and compliance plan, in place there of. (e) Transm ission of notice of draft perm it to aff ect ed state s. The DEQ shall g ive notice of eac h draf t permit to any aff

ecte d State on or befor e the time that this notice is provided to the public under 27A O.S. § 2 -1 4 -302, except to the extent that para g raph 8-7.2(b) (1)r eg arding minor permit modification applications, and 40 CFR § 70.7(e) (3)( iii) reg arding g roup proce ssing of minor permit modifications, require s the timing of the notice to be diffe rent. (f) Time lines f

or submission of

EPArevie w copy. Th e DE Q shall revie w public comments, revise the draf t permit as appropr iate and submit the proposed permit to EPA for review no later than 60 day s befo re the i ssuance deadline established in OAC 252:4-7-31, ex cept a s provided in OAC 252:4-7-9 throug h 4-7-11, whic h stop the review timeline and provide a dditional tim e for permit revie w. (g ) Notice of n on-acce ptance. The DEQ shall notify the Admi nistrator and any aff ecte d State in writing of any ref

usal by the DEQ to acc ept all recommendations for the proposed permit that the aff ecte d State submitt ed during the revie w period. The notice will include the DEQ' s rea sons for not

acc epting any such rec ommendation. The DEQ is not require d to acc ept rec ommendations that are not based on a

pplicable r equire ments of the Oklahoma Clean Air Ac t or 40 CFR Part 70. (h) EPA revie w and non-ob jec tion. Upon rec eipt 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 hear ing ha s been timely

and prope rly

reque sted. (i) EPA revie w an d 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 day s of rec eipt of the proposed permit and all neces s ar y s upporting information. (2) F orm of object ion. An EPA objectio n shall include a statement of the Administrator' s

rea sons for objection and a descr iption of the terms and conditions that the permit must include to respond to the objec tions. (3) Addition al grounds

. Fa ilure of the DE Q to do any of the following also shall constitute
g rounds for a

n objection: (A) Comply

with subsections (d) or ( e) of this S ection; (B ) Submit any

information nec essar

y to reviewadequately

the proposed pe rmit; or

55(C) Process the permit application acc ording to the uniform permitting require ments of

OAC 252:4-7 Part 1. (4) Copy. The Administrator will provide the permit applica nt a copy of the objec tion. (5) DE Q re spon se. The DEQ shall consult with EPA and the applicant and shall amend t h e permit and submit for approva l an amende d prop o s ed p er m i t to EPA within 90 day s afte r the date of EPA' s objection. (6) F ailure of DEQ to respond. I f the DEQ fails, within 90 day s afte r the d at e o f the EPA objection, to amend and resubmit the amende d proposed permit in response to the objection, the Administrator will issue or deny the permit in a ccor dance with the require ments of EPA' s Part 71 reg ulations. (j) P ubl ic p etitions to the Adm inis trat or. I f the Administrator does not object in writing under subsection (h) of this Section, any person that meets the require ments of this subsection may petition the Admi nistrator wit hin 60 day s afte r t he ex piratio n o f t h e Adm inistrator' s 45-day revie w period
to make such objection. Any such petit ion shall be based only on objections to the permit that the petitioner raised with rea sonable specific ity during the public comment period provided for in 27A O.S. § 2-14-302.A.2., unless the petitioner demonstrates that it was impractica ble to rais e s u ch objections within such period, or unle ss the g rounds for suc h objection ar ose af ter such period. I f 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 revie w does not stay the eff

ectivene ss of a permit or its require ments if the permit was issued afte r the end of the 45-day revie w period and prior to an EPA objection. I f the DEQ has issued a permit prior to

rec eipt of an EPA objection under this subsection, t h e Ad m i nistrator will modify

, terminate, or revoke such permit, and shall do so consistent with the proce dures in 40 CFR §§ 70.7(g )(4) or (5)( i) and (ii) except in unusual circ umstances. I f the DEQ revoke s the permit, it may there afte r issue only

a revised permit that satisfies EPA' s objection. I n any case , the source will not be in violation of the require ment to have submitted a timely and complete application. (k) Ef fect on adm inis trat ive perm it hearing. When a p u b l i c petition or an EPA objection is
reg istered on a proposed permit on which an administrative permit hear ing has been re q u es t ed in

acc ordanc e with the Oklahoma Uniform Environmental Permitting Act, 27A O.S. § § 2 -1 4-101 throug h 2-14-401, the DEQ may stay the evidentiar y part of the hear ing involving cross-e x amination until EP A objections ar e re solved.

252:100-8- 9. P erm it fees [252: 100-8-9( a), (b), (c)

, (d)( 1), (d)( 3) and (d)( 4) amende d and renumbe red to 2 5 2 : 1 0 0-5. 252:100-8-9(d) (2) a

mended a nd renumbe red to 252:100-8- 1.7]

P ART 7. P REVENTION OF SIGN IF ICANT DETERIORATION (PSD)

REQUIREMENTS FOR ATTAINMENT AREAS

252:100-8- 30. Appli cability (a) Ge neral appli cability. (1) The require ments of this Part shall appl y t o t h e co nstruction of any new major stationary

source or any projec t that is a major modification at an exis ting major stationary source in an are a desig nated a s attainment or uncla ssifiable under sections 107(d)( 1)(A) (ii) or (iii) of the Act. (2) The require ments of OAC 252:100-8-34 throug h 252:100-8-36.2 apply to the construction of any new major stationary source or t he major modification of any exis ting major stationary

source , except as this Part otherwise pr ovides. (3) No new major st ationary source o r m ajor modi fica tion to which the require ments of OAC 252:100-8-34 throug h 252:100-8-36.2(b) apply shall beg in actua l construction without a permit that states that the major stationary source or major modification will meet those require ments. (4) The re quirements of O AC 252:100-8, Parts 1, 3, and 5 also apply to the construction of a ll new major

stationary

source s and major modifications. (b) Major m odif

ication. (1) Major m odif

ication app licabili ty dete rm ination

.

56(A) Ex cept as otherwise provided in OAC 252:100-8-30(c ), and co n sistent with the

definition of "ma

jor modification"

, a projec t is a major modification for a reg ulated NSR pollutant if it causes two ty pes of e missions incre ases: (i) a sig nificant e missions incre ase a nd (ii) a sig nificant ne t emissions i ncre ase. (B ) The proje ct i s n o t a major m odification i f i t does not cause a si g nificant emissi ons incre ase. I f t h e p roj ect causes a signific ant emis sions incre ase, then the project is a major modification only

if it also results in a signif icant net e missions incre ase. (2) Calculating signi fi cant em ission s increase and signi fi cant net em ission s increase before beginn ing actual construct ion. The proce dure for calc ulating whether a signific ant emissions incre ase will occur depends upon the ty pe of emissions units being modified, acc ording to OAC 252:100-8-30(b) (3) throug h (5). This is the first step in deter mining if a proposed modification would be considere d a major modification. The proce dure for calc ulating whether a signific ant
net emissions incre ase will occur at the major stationary source is contained in the definition of "ne t em i s s i o n s i n crease"

. This is the second step in the proce ss of deter mining if a proposed modification is a maj or modification. Both steps occur prior to the beg inning of actua l construction. Reg ardle ss of any such prec onstruction projec tions, a major modification results if the projec t cause s a sig nificant e missions incre ase a nd a sig nificant ne t emissions i ncre ase. (3) Act ual-to-proje ct ed -actual appl icability test for projec ts that only involve existing

em ission s uni ts. A signific ant emissions incr ease of a reg ulated NSR pollutant is projec ted to

occur if the sum of the differ ence betwee n the projec ted actua l emissions and the baseline actua l emissions for eac h exis ting emissions unit, equals or exceeds the amount that is signific ant for that pollutant. (4) Act ual-to-potential test for projec ts that only involve construct ion of a new em ission s uni t(s). A sig nificant emissi ons incre ase of a reg ulated NSR pollutant is projec ted t o occur if the sum of the differ ence betwee n the potential to emit from eac h new emissions unit following completion of the projec t and t h e b as eline actua l emissions of these units befor e the projec t equals or e x cee ds the amount that is significa nt for that pollutant. (5) Hybrid test for projec ts that involve m ultip le types of em ission s uni ts. A si gn i fica nt emissions incre ase of a reg ulated NSR pollutant is projec ted to occur if the sum of the emissions incre ases for eac h emissions unit, using the method specifie d in OAC 252:100-8-30(b) (3) or (4)

as applicable with resp ec t t o ea ch emissions unit, for eac h ty pe of emissions unit equals or exceeds the a

mount that is si g nificant for that pollutant. (6) Act ual-to-potential test for projec ts that only invol ve existing em ission s uni ts. I n lieu of using the actua l-to-projec ted-a ctual test, owner s or operators may choose to use the actua l-topotential test to deter

mine if a signific ant emissions incr ease of a reg ulated NSR pollutant will result from a

proposed pr oject. A s ignif icant emissi ons incre ase of a reg ulated NSR pollutant will occur if the s um of t he differe nce betwee n the pot ential emissions and the base line actua l emissions for eac h exis ting emissions unit, equals or exceeds the amount that is sig nificant for that pollutant. Owner s or operators who use the actua l to potential test will not be subject to the

rec ordkee ping r equire ments in OAC 252:100-8-36.2(c ). (c) P lantw ide appl i cab ility lim itation (P AL). Major stationary source s seeking to obtain or maintain a PAL

shall comply

with the require ments under OA C 252:100-8-38.

252:100-8- 31. Defini tions The following words and terms when used in this Part shall have the following meaning

, unless the context clea

rly indicates otherwise. All terms used in this Part that are not define d in this Section shall have the meaning g iven to them in OAC 252:100-1-3, 252:100-8-1.1, or in the Oklahoma Clean Air Ac t. "Actual em ission s" means the actua l rate of emiss ions of a reg u l at ed NS R pollutant from an emissions uni t, as deter

mined in acc ordanc e with para g raphs (A) throug h (C) of this definition, except that this definition shall not apply for calc ulating whether a signific ant emissions incre ase has

occur red, or for establishing a PAL under OAC 252:100-8-38. I nstead, the definitions of "pr ojected
actua l emissions" and " baseline a ctual emissions" sha ll apply for those pur

poses.

57(A) I n g ener al, ac tual emissions as of a pa rticular date shall equa l the aver ag e rate in T PY
at which the unit actua lly emitted the pollutant during a consec utive 24-month period which

p rec edes the particula

r date and which is repr esenta tive of normal source opera tio n

. T h e Direc tor shall allow t he use of a d i ff ere nt time period upon a determination that it is more repr esenta tive of normal source operation. Actual emissions shall be calc ulated us i n g the unit's actual operating hours, production rate s, and ty pes of materials processed, stored, or combusted during the selec ted time period. (B ) The Direc tor may presume that source -spec ific allowable em i s sions for the unit are equivalent to the a ctual emissions of the unit. (C) For any emissions unit that has not beg un normal opera ti o n s o n t he particula

r date,
actua l emissions shall equal the potential to emit of the unit on that date. "Allow able em ission s" means the emission rate of a stationary s o u rce calc ulated using the maxi mum rate d capa city of the s o u rc e (unless the source is subject to enfor cea ble limit s which restric t the operating r ate, or hours of ope ration, or both) a nd the most stringe nt of the following : (A) the applicable standards a s set forth in 40 CFR Parts 60 and 61; (B ) the a pplicable State r

ule allowable emissions; or, (C) the e missions rate specifie d as an e nforc eable permit condition. "B aseline actua l emissions" means the rate of emissions, in TPY, of a re gu l at ed NSR pollutant, as determined in a ccor dance with para g raphs ( A) throug h (E) of this definition. (A) The baseline actua l em i s s i o n s shall be based on curr ent emissions data and the unit's utiliz ation during the period chosen. Current emission data means the most curr ent and

acc urate emission fac tors available an d could i nclude emissions used i n the s ource ' s latest permit or permit application, the most rec ent CEM data, stack test data, manufa cture r' s data, mass balanc e, eng ineer ing c alculations, and othe r emission fac tors. (B ) For any exis ti n g electric utilit y steam g ener ating unit (EUSGU)

, baseline actua l emissions means the average rate

, in TPY, at which the uni t actua lly emitted the pol lutant during any consec utive 24-month period selec ted by the owner or opera tor within the 5-y ear period immediately prec eding the date that a complete permit application is rec eived by the Direc tor for a permit require d under OAC 252:100-8. The Direc tor shall allow the use of a differ ent time period upon a deter mination that it is more repr es en t at i v e of normal source opera tion. (i) The aver ag e rate shall include fug itive emissions to the extent quanti fi ab l e, and emissions associated with start-ups, shutdowns, a nd malfunctions. (ii) The aver ag e rate shall be adjusted downwar d to exclude any noncompliant emissions that occur

red while the source was operat ing above an emission limit ation that was leg ally enfor cea ble during the conse cutive 24-month per iod. (iii) For a reg ulated NSR pollutant, when a projec t involv es m u l t i p l e emissions units, only one consec utive 24-month period shall be used to deter mine the baseline actua l emissions for all the emissions units aff ecte d by the projec t. A differ ent consec utive 24- month period ca

n be used f

or ea ch re g ulated NSR pollutant. (iv) The aver ag e rate shall not be based on any consec utive 24-month period for which there is inadequa te information for deter mining annual emissions, in TPY, an d for adjusting this amount if re quired by (B )(ii) of this def

inition. (C) For an exis ting emissions unit (other than an EUSGU), baseline actua l emissions means the aver ag e rate in TPY, at which the emissions unit actua lly emitted the pollutant during any

consec utive 24-month period selec ted by the owner or operator within th e 1 0 -y ea r period immediately prec eding either the date the owner or operator beg ins actua l construction of the projec t, or the date a complete permit application is rec eived by the Direc tor for a p ermit require d either under this Part or under a plan approve d by the Administrator, whicheve r is

ear lier, except that the 10 y ear period shall not include any period ear lier than November 15, 1990. (i) The av er age ra te shall include fug itive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malf unctions.

58(ii) The aver ag e rate shall be adjusted downwar d to exclude any noncompliant emissions that occur

red while the source was operating above an emission limit ation that was leg ally enfor cea ble during the conse cutive 24-month per iod. (iii) The aver ag e rate shall be adjusted downwar d to exclude any emissions that would have exceede d an emission limit ation with wh i ch t h e major stationary source must

curr ently comply , had such major st ationary source been r equire d to comply with such limit ations during the consec utive 24-month period. Howeve r, if an emission limit ation is part of a MACT standard that the Administr at o r p ro p osed or promulg ated under 40 CFR 63, the baseline actua l emissions need only be adjusted if DEQ has taken cre dit for such emissions reduc tion in an attainment demonstration or maintenanc e plan consistent with require ments of 40 CFR 51.165(a )(3) (ii)(G)

. (iv) For a reg

ulated NSR pollutant, when a projec t involves multipl e emissions units, only one consec utive 24-month period must be used to d et er m i ne the baseline actua l emissions for the emissions units being chang ed. A differ ent consec uti ve 24-month period c an be use d for e ach r eg ulated NSR pollutant. (v) The aver ag e rate shall not be based on a ny consec utive 24-month period for which th er e is inadequa te information for deter mining annual emissions, in TPY, and for adjusting this amount if re quired by (C)(ii) a nd (iii) of this definition. (D) For a new emissions unit, the baseline actua l emissions for purposes of deter mining the emissions incre ase that will result from the initial construction and operation of such unit shall equal zero; and there afte r, for all other purposes, shall equal the unit's potential to emit. (E) For a PAL for a stationary source , the baseline actua l e missions shall be calc ulated for exis ting EUSGU in acc ordanc e with the p ro ce d u res contained in para g raph (B ) of this definition, for other exis ting emissions units in acc ordanc e with the proce dures contained in Parag raph (C) of this definition, and for a new emissions unit i n acc ordanc e with the

proce dures c ontained in par ag raph ( D) of this def inition. "Bas eline area" means any intrastate are as (and ever y part there of) desig nated as attainment or unclassifiable under section 107(d)( 1)(A) (ii) or (iii) of the Act in which the major sour ce or major modification establishing the minor source baseline date would construct or wo u l d have an air quality impact for the pollutant for which the ba seline date is established, as follows: Equal to or

2 2 1 0 gre at er t h an 1 μg/m (annua l aver ag e) for SO

, NO

, or PM ; or equal or g reater than 0.3 μg/m 3 3

2 .5 (annua l aver ag e) f

or PM

. (A) Are a rede signations under section107(d) (1)( A)(ii) or (iii) of the Act cannot intersec t or be smaller than the are a of impact of any major stationary source or major modification which: (i) esta blishes a minor source baseline date; or (ii) is subject to 40 CFR 52.21 or OAC 252:100-8, Part 7, and would be constructe d in the same State a s the State proposing the re desig nation. (B ) Any baseline a

rea established originally for the TSP incre ments shall rema in in eff ect

1 0 and shall apply for purposes of deter mining the amount of available PM incre ments, except that such baseline are a shall not r emain in e ffe ct if the Dire ctor re scinds the cor responding minor source baseline date in acc ordanc e with parag raph ( D) of the definition of " baseline date"

. "Bas eli ne c o nc e nt r a t io n" me a n s that ambient conce ntration level that exis ts in the baseline are a at the time of the a

pplicable minor sourc e base line date. (A) A baseline conce ntration is d et er m i n ed for eac h pollutant for which a minor source baseline date is established and sha ll include: (i) the actual emissions repr esenta tive of sources i n exis tence on the applica ble m inor

source baseline date, except as provide d in (B) of this definition. (ii) the allowable emissions of m ajor stationary source s t hat commenced construction befor e the major source baseline date, but wer e not in operation by the applicable minor

source baseline date. (B ) The following will not be included in the baseline conce ntrati o n and will aff ect the applicable maxi mum allowable incr ease (s):

59(i) actua l emissions from any major stationary source on which construction commence d afte r the major sour ce ba seline date ; and, (ii) actua l emissions incre ases and decr ease s at any stationary source occur ring afte r the minor source baseline date. "Bas eline date" means: (A) Ma jor source baseline date means:

1 0 (i) in the ca se of PM and sulfur dioxide, J anuar y 6, 1975; (ii) in the ca se of nitrog en dioxi de, F ebrua ry 8, 1988; and

2 .5 (iii) in the case of PM , October 20, 2010. (B ) Minor source baseline date means the ear liest date afte r the trig g er 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 a pplication. The trig g er date is:

1 0 (i) in the ca se of PM and sulfur dioxide, Aug ust 7, 1977; (ii) in the ca se of nitrog en dioxi de, F ebrua ry 8, 1988; and

2 .5 (iii) in the case of PM , October 20, 2011. (C) The baseline date i s es t ablished for eac h pollutant for which incre ments or other equivalent mea sures have bee n established if: (i) the are a in which the proposed source or modification would construct is desig nated as attainment o r unclassifiable under section 107(d)( 1)(A) (ii) or (iii) of t he Act for the pollutant on the date of its complete application under 40 C FR 5 2

. 2 1 or under OAC 252:100-8, Part 7; and (ii) in the case of a major stationary source , the pollutant would be emitted in signific ant amounts, or, in the case of a major modification, there would be a sign i fi ca nt net emissions increase of the pollutant. (D) Any minor source b aseline date established orig inally for the TSP incre ments shall

1 0 rema in in eff

ect and shall apply for purposes of determining the amount of ava ilable P M incre ments, except that the Direc tor may resc ind any such minor source baseline date wher e it can be shown, to the satisfac tion of the Direc tor, that the emissions incre ase from the major stationary source , or the net emissions incre ase from the major modification, responsible for

1 0 trig g ering that date did not re sult in a significa nt amount of PM emissions. "Be g i n a ct ual construct ion" means in g ener al, initiation of phy sical on-site construction activities on an e missions unit which are of a pe rmane nt nature. (A) Such activit i es i n cl u d e, but are not limit ed to, installation of building supports and foundations, lay ing of underg round pi p ewor k, and construction of perma nent storag e structure s. (B ) Wit h respe ct to a chang e in method of op er at ion this term ref ers to those on-site activities, other than pr epar atory activities, which mar

k the initiation of the chang e. "Best availabl e control tec hnol ogy" or "BACT" means an emissions limit ation (including a visible emissions standard) based on the maxi mum deg ree of reduc tion for ea ch reg ulated NSR pollutant which would be emitted from any proposed major stationary source or major modification wh i ch t h e Direc tor, on a case -by -ca se basis, taking into acc ount ener g y , environmenta l, an d economic impacts and other costs, deter mines is achie vable for such source or modification throug h application of production processes or available methods, sy stems, and t echnique s, including fuel clea ning or trea tment or innovative fuel combination techniques for control of such pollutant. I n no event shall application of BA CT res ult in emissions of any pollutant which would exceed the emissions allowed by any applicable standard u n d er 4 0 C FR parts 60 and 61. I f the Direc tor deter mines that technolog ical or economic limit at i ons on the application of measure ment methodology to a particul ar emissions unit would make the imposit ion of an emissions standard infea sible, a desig n, equipment, work prac tice, operational standard or combination there of, may be

presc ribed instead to sa tisfy the re quirement for

the applica

tion of BACT. Such standard shall, to the deg ree possible, set forth the emissions reduc tion achie vable by implementation of such desig n, equipment, work practice or oper ation, and shall provide for compliance by means which achie ve equivalent r esults. "Clean coal tec hnol o g y " means any technolog y , including technolog ies applied at the

prec ombustion, combustion, or post combustion stag e, at a new or exis ting fac ility which will

60achie ve signific ant reduc tions in air emissions of sulfur diox ide or ox ides of nitrog en associate d with

the utiliz ation of coal in the g ener ation of elec tricity

, or proce ss steam which was not in widespre ad use as of November

15, 1990. "Clean coal tec hnol ogy demon strat ion projec t" means a projec t using funds appropr iated under the heading "D ep ar t m en t of Energ y -Clean Coal Tec hnology ", up to a total amount of $2,500,000,000 for commerc ial demonstration of clea n coal technolog y , or simil ar projec ts funded throug h appropr iations for the EPA. The Fe dera l contribution for a qualify ing projec t shall be at least 20% of

the total cost of the de monstration project. "Com m ence" means, as appli ed t o construction of a major stationary source or major modification, that the owner or operator has all nece ssary prec onstruction approva ls or permits and either ha s: (A) begun, or caused to beg in, a c o n t i n u o u s p ro g ram of actua l on-site construction of t he

source , to be completed w ithin a rea sonable time; or, (B ) enter ed into binding ag ree ments or contra ctual obliga tions, whic h cannot be canc elled

or modified without substantial loss to the owner or operator, to undert ak e a prog ram of
actua l construction of the sour ce to be completed within a r easona ble time. "Construction" means any phy sical chang e or chang e in the method of operation (including fabr ication, ere ction, installation, demolition, or modification of an emissions unit) that would result in a cha ng e in emissions. "Contin uous em ission s m onitoring system " or "CEMS" means all of the equipment that may be require d to meet the data acquisition and ava i l ab i l i t y require ments to sample, condition (if applicable ), ana ly

ze, and provide a

rec ord of e missions on a continuous basis. "Contin uous em ission s rate m onitor i n g s y s tem " or "CERMS" means the total equipment require d for the deter

mination and rec ording of the pollutant mass emissions rate (in terms of mass per unit of time). "Conti n uous param ete r m onitoring system " or "CPM S" means all of the equipment

nece ssary to meet the data acquisition and availability require ments to monitor proce ss and control device opera tional para

meters (for example, control device seconda ry voltag es and elec tric curr ents)

2 2 and other information (for example, g as flow rate

, O

, or CO conce ntrations), and to rec ord aver ag e opera tional parameter va lue(s) on a continuous basis. "El ect ric util ity s te a m generat ing uni t" or "EUS GU " means any steam electric ge nerating unit that is constructe d fo r t h e purpose of supply ing more than one-third of its potential elec tric output capa city and more than 25 MW elec trical output to any utilit y power distribution sy stem for sale. Any steam supplied to a steam distribution sy stem for the purp o s e o f p ro v i ding steam to a steam-e lectric g ener ator that would produce elec trical ener g y for sale is also co n s idere d in deter mining the e lectric al ene rg y output capac ity

of the a ffe cted f

acility

. "Emissions uni t" means any part of a stationary source that emits or would have the potential
to emit any reg

ulated NSR pollutant and includes an EUSGU. There are two ty pes of emissions units as describe d in para g raphs ( A) a nd (B ) of this definition. (A) A new emissions unit is any emissions unit that i s (o r wi ll be) newly constructe d and that has existed for less than 2 y ear s from the da te such e missions unit first operate d. (B ) An exis ting emissions unit is any emissions unit that does not meet the require ments in

para g raph ( A) of this def

inition. A replace ment unit is an ex isting emissions unit. "Fe deral Land Manager" means with respe ct to any lands in the United States, the Secre tary of the de partment with authority over suc h lands. "Hi gh ter rain" means any are a having an eleva tion 900 fee t or more above the base of the stack of a sour ce. "In novative control tec hnol ogy" means any sy stem of air pollution control that has not be en adequately demonstrated in prac tice, but would have a substantial like l ihood of achie ving g rea ter continuous emissions re duction than any control sy stem in c urre nt pr actice or of achie ving at least

compar able reduc tions at lower cost in terms of ener g y , economics, or non-air quality environmenta l impacts. "Low ter rain" means a

ny are a other

than hig h terra in. "Major m odif

ication" means:

61(A) Any phy sical chang e in or chang e in the method of operation of a major stationary

source that would result in a signific ant emissions incre ase of a reg ulated NSR pollutant and

a signific ant net emissions incre ase of that pollutant from the major stationary source is a major modification. (i) Any signific ant emissions incre ase from any emis sions units or net emissions incre ase

X at a major stationary source that is signific ant for VOC or NO s h al l b e consi dere d signific ant for ozone. (ii) A phy sical cha

ng e or c hang e in the method of ope ration shall not include: (I ) routine maintena

nce, r epair

and re place ment; (I I ) use of an alterna tive fuel or raw materia l by rea son of any order under sections 2(a) and (b) of the Energ y Supply and Environmental Coordination Act of 1974 (or
any superse ding leg islation) or by rea son of a natura l g as curta ilment plan pursuant to the Fe dera l Power Ac t; (I I I ) use of an alterna

tive fuel by rea son of an order or rule under section 125 of the Act; (I V) use of an alterna tive fuel at a steam g ener ating unit to the extent that the fuel is
g ener ated f

rom municipal solid waste; (V) use of an alterna tive fuel or raw materia l by a stationary source which the source

was capa ble of acc ommodating befor e J anuar y 6, 1975, (unless such chang e would be prohibited u n d er any enfor cea ble permit condition which was established afte r J anuar y 6, 1975) or the source is a pproved to use under any permit issued under 40 CFR 52.21 or OAC 252:100-7 or 252:100- 8; (VI ) an incre ase in the hours o f o p er ati on or in the production rate

, unless such chang e would be prohibited under any fede rally enfor cea ble permit condition which

was e stablished afte r January 6, 1975; (VI I ) any chang e in source owner ship; (VI I I ) t h e installation, operation, cessa tion, or remova l of a temporar y clea n coal technolog y demonstration projec t, provided the projec t complies with OAC 252:100 and other require ments nece ssary to at t ai n and maintain the NAAQS during the projec t and af

ter it is terminated; (I X) the installation or o peration of a perma nent clea n coal technolog y demonstration projec t that constitutes repow ering

, provided that the projec t does not result in an incre ase in the potential to emit of any reg ulated pollutant (on a pollutantby -pollutant basis) emitted by the unit; or (X) the rea ctivation of a ve ry clea n coal- fired E USGU. (B ) This definition shall not apply with respe ct to a particula r reg ulated NSR pollutant when the major stationary source is comply ing with the require ments under OAC 252:100-8-38 for

a P AL for that pollutant. I nstead, the definition of "PAL major modification" at 4 0 C FR 51.166(w)( 2)(viii) shall apply

. "Major stat ionary source" means (A) Amajor stationary

source is: (i) any of the following stationary source s of air pollutants which emits, or has the potential to emit, 100 TPY or more of a reg ulated NSR pollutant: (I ) ca rbon blac k plants (furna ce pr ocess)

, (I I ) cha rcoa l production plants, (I I I ) chemica l proce ss plants, (not including ethanol p r o d u c ti o n f a cilities that produce ethanol by

natura l ferme ntation included in NAI CS codes 325193 or 312140), (I V) c oal clea

ning pla nts (with thermal dry ers)

, (V) c oke oven batteries, (VI ) fossil-fuel boilers (or combination there of) totaling more than 250 milli on BTU per hour heat input, (VI I ) fossil f

uel-fir ed steam elec tric plants of more than 250 milli on BTU per hour heat input, (VI I I ) fue l conver sion plants, (I X) g lass fiber pr ocessing plants,

62(X) hydrofluoric , sulfuric or nitric acid plants, (XI ) iron and ste el mill plants, (XI I ) kra ft pulp mill s, (XI I I ) lime plants, (XI V) municipal incinerators capa ble of char g ing more than 250 tons of ref use per day

, (XV) petroleum re finerie s, (XVI ) petrole um storag e and transfe r uni ts with a total storag e ca pacity exceeding 300,000 barr els, (XVI I ) phosphate r ock proc essing plants, (XVI I I ) portland c ement plants, (XI X) primar

y aluminum ore re duction plants, (XX) primary

copper smelters, (XXI ) primar

y lead smelter s, (XXI I ) primar

y zinc smelters, (XXI I I ) sec ondary

metal produc tion plants, (XXI V) sintering plants, (XXV ) sulfur r ecove ry

plants, or (XXV I ) tac onite ore pr ocessing 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 re g ulated NSR pollutant; (iii) any phy sical chang e that would occur at a stationary source not otherwise qualify ing

as a major stationary source under this definition if the chang e would constitute a major stationary source by

itself.

X (B ) A major sour ce tha t is major for VOC or N O shall be consider ed major f or ozone. (C) The fugitive emissions of a stationary s o u rc e shall not be included in deter mining for
any of the purposes of this Part whether it is a major stationary source , unles s the source belong s to one of the f

ollowing c ateg ories of stationar y source s: (i) the stationar

y source s listed in (A)(i) of this definition; (ii) any other stationary source cate g ory which, as of Aug ust 7, 1980, is being reg ulated under se ction 111 or 112 of the A ct. "Nece ssary preconstr uction approvals or perm its" means th o s e p e r mi ts o r a p p r o v a ls r e q

uired under a ll applicable a ir quality control laws a

nd rules. "Net em ission s increase" means: (A) with respe ct t o any reg ulated NSR pollutant emitted by a major stationary source , the amount by

which the sum of the f

ollowing e x cee ds zero: (i) the incre ase in emissions from a particula r phy sical chang e or chang e in the method of operation at a stationary source as calc ulated pursuant to OAC 252:100-8-30(b) ; and, (ii) any other incre ases and decr ease s in actua l emissions at the major stationary source that are contempora

neous with the particula r change and are otherwise cre ditable. Ba seline actua l emissions for calc ulating incre ases and decr ease s under (A )( i i) of this definition shall be deter mined as provided in the definition of "b as el i n e actua l emissions", except that (B )(iii) and ( C)(iv) of tha t definition shall not apply

. (B ) An incre ase or decr ease in actua l emissions is contempora neous with the incre ase from the particular chang e only if it occur s within 3 y ear s befor e the date that the i ncre ase from the par ticular c hang e occ urs. (C) An incr ease or dec rea se in ac tual emissions is creditable only if: (i) it is contemporane ous; and (ii) the Direc tor has not relied on it in issuing a permit for the source under OAC 252:100-8, Part 7

, wh i ch p ermit is in eff

ect when the incre ase in actua l emissions from the particula r chang e

occur s. (D) An incre ase or decr ease in actua l emissions of sulfur diox ide, particul at e matter, or nitrog en ox ides that occur s b ef o re the applicable minor source baseline date is cre ditable only if it is require d to be considere d in calc ulating the amount of maxi mum allowable incre ases r emaining available

.

63(E ) An incre ase in actua l emissions is cre ditable only to the extent that the new level o f

actua l emissions ex cee ds the old level. (F ) A decr ease in actua l emissio ns is cre ditable only to the extent that it meets all the conditions in (F)( i) throug h (iii) of this definition. (i ) I t is cre ditable if the old level of actua l emissions or the old level of allowable emissions, whichever

is lower, excee ds the new le vel of a ctual emissions. (ii) I t is cre ditable if it is enfor cea ble as a prac tical matter at and afte r the time that actua l construction on the pa

rticular c hang e beg ins. (iii) I t is cre ditable i f i t has approx imately the s ame qua litative significa nce f or public health and w elfa

re a s that attributed to the incre ase f rom the par

ticular c hang e. (G) An incre ase that results from a phy sical chang e at a source occur s when the emissions unit on which construction occur red become s opera

tional and begins to emit a particula r pollutant. Any repla ceme nt unit that require s shakedow n become s opera tional only afte r a

rea sonable shake down per iod, not to ex cee d 180 day s. (H) Parag raph (A) of the definition of "a ctual emissions" shal l n o t apply for deter mining

cre ditable incre ases a

nd decr ease s. "Pot ential to em it" means t h e maxi mum capa city of a stationary source to emit a pollutant under its phy sical and opera tional desig n. Any phy sical or operational limit ation on the capa city of the source to emit a pollutant, including air pollution control equipment and restric tions on hours of
opera tion or on the t y

pe or amount of m ater ial combusted, st ored or proce ssed, s hall be treated as part of its desig n if the limit ation or the eff ect it would have on emissions is enfor cea ble. Secondar

y emissions do not count in determining the pote ntial to emit of a stationary source

. "Pr edictive em ission s m onitoring system " or "PEMS" means all of the equipment nece ssary to monitor p r o c ess and control device operational para meters (for example, control device seconda ry

2 2 voltag es and elec tric curr ents) and other information (for example, g as flow rate

, O

, or CO

conce ntrations), and calc ulate and rec ord th e m as s emissions rate (for example, lb/hr) on a continuous basis. "Pr evention of Sign if

ican t De terioration (P SD) program " means a major source prec onstruction permit prog ram that has been approve d by the Administrator and incorporated into the pl an to implement the requirements of 40 CFR 51.166, or the prog ram in 40 CFR 52.21. Any permit issued under suc h a prog ram is a major NSR permit. "Pr ojec t" means a phy sical chang e in, or chang e in method of opera tion of

, an exis ting major stationary source

. "Pr ojec ted act ual em ission s" means (A) P ro j ec ted actua l emissions means the maxi mum annual rate

, in TPY, at which an exis ting emissions unit is projec ted t o em i t a reg ulated NSR pollutant in any one of the 5

y ear s (12-month period) following the date th e u n i t resumes reg ular operation afte r the projec t, or in any

one of the 10 y ear s following tha t date, if the project invol ves i ncre asing the emissions unit's desig n capa city or its potential to emit that reg ulated NSR pollutant, and full utiliz ation of the unit would result in a signific ant emissions incre ase, or a signific ant net emissions increase at the major stationar y source

. (B ) I n deter

mining the projec ted actua l em i s s i ons under para g raph (A) of this definition (bef ore beg inning actua l construction), the owner or operator of the major stationary source : (i) shall consider all rele vant information, including but not limit ed to

, historical

opera tional data, the company ' s own represe ntations, the company ' s expected busi ness activity and the company ' s highe st projec tions of business activity

, the company ' s filings with the State or Fe dera l reg ulatory authorities, and compliance plans under the approve d plan; and (ii) shall include fug itive emissions to the extent quantifiable and emissions associate d with start-ups, shutdowns, and malfunc tions; and (iii) shall exclude, in calc ulating any incre ase in emissions t h at results from the particula r projec t, that portion o f t he unit's emissions following the projec t that an exis ting unit could have acc ommodated during the consec utive 24-month period used to establish the baseline actua l emissions and that are also u n re l at ed to the particula r projec t, including a

ny incre ased utilization due to product demand g rowth; or,

64(iv) in lieu of using the method set out in (B )(i) throug h (iii) of this definition, may elec t to use the emissions unit's potential to emit, in TPY. "Reactivat ion of a very clean coal-fired elec tric utility steam generat ing uni t" means any phy sical chang e or chang e in the method of operation associate d with the commen ce m en t of

commerc ial operations by a coal- fired utilit y unit afte r a period of discontinued opera tion wher e the unit: (A) has not been in opera tion for the two-y ear period prior to the enac tment of the Clean Air Act Amendments of 1990, and the emissi o n s fr o m such unit continue to be car ried in the Depa rtment' s emissions inventory at the time of e nactment; (B ) was equipped prior t o s hutdown with a continuous sy stem of emissions control that achie ves a remova l eff

iciency for sulfur diox ide of no less than 85% and a remova l eff iciency for pa rticulates of

no less than 98%;

X (C) is eq u i p p ed with low-NO burner s prior to the time of commence ment of opera tions following rea ctivation; and (D) is other

wise in compliance with the require ments of the Ac t. "Regulated NSR poll utant" means (A) Areg ulated NSR pollutant is: (i) any pollutant for which a NAAQS has been promulg ated and any pollutant identified under (A)( i) of this definition as a constituent or prec ursor to such pollutant. Precur sors identified by

the Administrator for

purposes of N SR are the f ollowing: (I) v olatile org anic compounds and nitrog en ox ides are prec ursors to ozone i n al l attainment and unc lassifiable a rea s.

2 .5 (I I ) sulfur diox ide is a prec ursor to PM in a ll a ttainment a nd unclassifiable are as.

2 .5 (I I I ) n itrog en ox ides are presumed to be prec ursors to PM in all attainment and unclassifiable are as, unless the State demonstrates to the EPA Ad minist rator' s satisfac tion or EPA demonstrates that emissions of nitrog en ox ides from source s in

2 .5 a specific are a are not a sign i fi ca n t contributor to that are a' s ambient PM

conce ntrations.

2 .5 (I V) volatile org anic compounds are presumed not to be prec ursors to PM in a ny attainment or unclassifiable are a, unless the Stat e d em o n strates to the EPA Administrator' s satisfac tion or EPA demonstrates that emissions of volatile org anic compounds from source s in a specific are a are a signific ant contributor to that are a' s

2 .5 ambient PM conce ntrations. (ii) any pollutant that is subject to any standard promulg ated under section 111 of the Act; (iii) any Class I or I I substance subje ct to a standa rd promulg ated unde r or e stablished by title VI of the Ac t; or (iv) any pollutant that otherwise is "subje ct to reg ulation" under the Act as define d 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 g aseous emissions from a source or activity which condense to form particula te matter at ambient tempera tures. Such condensa ble particula te matter shall be acc ou n ted for in applicability

2 .5

, 1 0 deter minations and in establishing emissions limit ations for PM, PM and PM in PSD permits. (B ) Reg ulated 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 reg ulated as a const i t u en t or prec ursor of a g ener al pollutant list ed under section 108 of the A ct; or (ii) any pollutant that is reg ulat ed under section 112(r) of the Act, provided that such pollutant is not otherwise r eg ulated under the Act. "Replacem ent uni t" means an emissions unit for which all the criter ia listed in para g raphs (A) throug h (D) of this definition are met. No cre ditable emission reduc tion s h al l b e g ener ated from shutting down the e x isting emissions unit that is repla ced.

65(A) T he emissions unit is a reconstruc ted unit within the meaning of 40 CFR 60.15(b)( 1),

or the e missions unit completely takes the pla ce of

an existi ng emissions unit

. (B ) The emissions unit is identical to or functionally equivalent to the replace d emissions unit. (C) The r eplac ement unit does not alter the basic de sign pa rame ter(s) of the proc ess unit. (D) The repla ced emissions unit is perma nently remove d from the major stationary source , otherwise perma

nently disabled, or perma nently barr ed from operating by a permit that is enfor cea ble as a prac tical matter. I f the repla ced emissions unit is broug ht back into

opera tion, it s hall constitute a newemissions unit

. "Repow ering" means (A) Repower ing shall mean the repla ceme nt of an exis ting coal- fired boiler with one of the following clea

n coal technolog ies: atmospheric or pressurized fl u i d i z ed bed combustion, integ rate d g as if

ic a ti o n c o mb in e d c y

c le

, ma g n e to h y

d r o d y n a mi c s , d ir e c t and indirect coal- fired
tur bines, integ rate d g asifica tion fuel cells, or as deter mined by the Administrator, in consultation with the Secre tary of Energ y , a deriva tive of one or more of these technolog ies, and any other technolog y capa ble of controlling multipl e combustion emi ssions simult aneously with improved boiler or g ener ation eff iciency and with signific antly g rea ter
waste reduc tion rela tive to the perf ormanc e of technolog y in widespre ad commerc ial use as of Nove mber 15, 1990. (B ) Repower ing shall also include any oil an d/or g as-f ired unit which has been awa rded clea n co al technolog y demonstration funding as of J anuar y 1, 1991, by the Depa

rtment of Energ y

. (C) The Direc tor shall g ive expedited consideration t o permit applications for any source that satisfies the require ments of this definition and is g rante d an extension under section 409 of the Ac t. "S ignif icant" means: (A) I n ref

ere nce to a net emissions incre ase or the pot ential o f a s o urce to emit any of t he fol l o wi ng pollutants, a rate of emissions that would equal or exceed any of the following signific ant emission rates: (i) ca rbon monox ide: 100TPY, (ii) nitrog en oxides: 40 TP Y, (iii) sulfur diox ide: 40 TPY,

1 0 (iv) particula te mat t er : 25 TPY of particula te matter emissions or 15 TPY of PM emissions,

2 .5 2 .5 (v) PM : 10 TPY of direc t PM emissions; 40 TPY of sulfur diox ide emissions; or 40

2 .5 TPY of nitrog en ox ide emissions unless demonstrated not to be a PM prec ursor under the def inition of "re g ulated NSR pollutant",

X (vi) ozone: 40 TPY of VOC or NO

, (vii) lead: 0.6 TPY, (viii) fluorides: 3 TPY, (ix ) sulfuric a cid mist: 7 TP Y,

2 (x) hy drog en sulfide ( H S): 10 TPY,

2 (xi ) total reduc ed sulfur ( including H S): 10 TPY,

2 (xi i) reduc ed sulfur c ompounds (including H S): 10 TPY, (xi ii ) m u n i cipal waste combustor org anics (mea sured as total tetra- throug h octachlorinate d dibenzo-p-diox ins and dibenzofurans) : 3.5 x 10 TPY, -6 (xi v) municipal wa ste combustor metals (me asure d as par ticulate matter ): 15 TPY, (xv) municipal waste combustor acid g ases (mea sured as sulfur diox ide an d h y d rog en chloride) : 40 TPY, (xvi ) municip al s o lid waste landfill emissions (mea sured as nonmethane org anic compounds): 50 TPY. (B ) Any emissions rate or any net emis s i o n s i n cr ease associate d with a major stationary

source or major modification which would construct within 6 miles of a Class I are a, and have a n impact on such a

rea equal to or g reater than 1 μg /m (24-hour aver ag e). 3 "S ignif icant em ission s increase " means, for a re gu l at ed NSR pollutant, an incre ase in emissions that is s ignif

icant for that pollutant.

66"S ignif icant net em ission s increase " means a signific ant emissions incre ase and a net incre ase. "S tationary source" means any building, structure

, fac ility or installation which emits or may emit a re g ulated NSR pollutant. "S ubject to regulation" means, for any air pollutant, th at t h e p ollutant is subject to either a provision in the fede ral Cl ea n Ai r Ac t

, or a nationally -applica ble reg ulation codified by the EPA Administrator in subchapte r C of C hapter I of 40 CFR, that require s actua l control of the quantity of emissions of that pollutant, and that such a control require ment has taken eff ect and is operative
to control, limit

, or restric t the quan t i t y o f emissions of that pollutant rele ased from the reg ulated activity . Ex cept that: (A) Gre enhouse ga ses (GHG) shall not be subj ect to reg ulation ex ce p t as provided in (D) throug h (E) of

this definition.

2 (B ) For purposes of (C) throug h (E) of this definition, the term TPY CO equivalent

2 emissions (CO e) shall repr esent an am o u n t o f GHG emitted, and shall be computed as follows: (i) Multipl y ing the mass amount of emissions (in TPY), for eac h of the six g ree nhouse
g ases in the pollutant GHG, by the g as' associate d g lobal war ming p o t en t i al (GWP) published in Table A- 1 to subpart A of 40 CF R Part 98 – Global Warming Potentials. (ii) Summing the re sultant value from (B )(i) of this de finition for eac h g as to compute

2 a TPY CO e. (C) The term emissions incre ase as used in (D) throug h (E) of this definition shall mean that both a signific ant emissions incre ase (as calc ulated using the proce dures in OAC 252:100-8- 30(b)( 1) throug h (5)) and a signific ant net emissions increase (as define d in the definitions

o f "n et emissions incre ase" and "sig nificant" in 252:100-8-31) occur

. For the pollu t an t

2 GHG, an emissions incre ase shall be based on TPY CO e, and shall be calc ulated assuming the pollutant GHG is a reg ulated NSR pollutant, and "sig nificant" is define d as 75,000 TPY

2 CO e and the emis sions are o t h er wise subj ect to reg ulation as previously descr ibed i n this definition. (D) Be g inning J an u ar y 2

, 2011, the pollutant GHG is subject to reg ulation if it meets the other re quirements of this def inition and if: (i) The stationary source is a new major stationary source for a reg ulated 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 exis ting major stationary source for a reg ulated NSR pollutant that is not GHG, and also will have an emissions incr ease of a reg ulated NSR

2 pollutant, and an emissions increa se of 75,000 TPY CO e or more

. (E) Be g inning J uly 1, 2011, in addition to the provisions i n (D ) o f t h i s definition, the pollutant GHG shall also be subjec t to reg ulation: (i) At a new stationary source that will e mit or have the potential to emit 100,000 TPY

2 CO e; or (ii) At an exis ting stationary source that emits or has the potential to emit 100,000 TPY

2 CO e, when such stationary source underta kes a phy sical chang e or chang e in the method

2 of oper ation that will result in an emissions increase of 75,000 TPY CO e or more

. (F ) I f fede ral leg islation or a fede ral court stay s, invalidates, delay s the eff ective date, or otherwise rende rs unenfor cea ble by the EPA, in whole or in part, the EPA' s tailoring rule (75 FR 31514, J une 3, 2010), endang erme nt finding (74 FR 66496, Dec ember 15, 2009), or lightduty vehicle g ree nhouse g as emission standard (75 FR 25686, May 7, 2010), this definition shall be enf

orce able only

to the extent that it is enforc eable by the EPA. "Tem porary clean coal te chnology d em onstration projec t" means a clea n coal technolog y demonstration projec t that is operated f or a pe riod of 5 y ear s or less, and which complies with the Oklahoma Air Pollut ion Control Rules in OAC 252:100 and other require ments nece ssary to attain and/or maintain the N AAQS during and af ter the pr oject is terminated.

252:100-8- 32. Source applicabi lity deter m ination [REVOK ED]

67252:100-8- 32.1. Am bient air increm ents and ceilings

(a) Am bient air increm ents. I ncre ases in pollutant conce ntration over the baseline conce ntration in Class I , I I , or I I I are as shall be limited to those listed in OAC 252:100-3-4 reg arding signific ant deter ioration incre ments. (b) Am bient air ceilings. No conce ntration of a pollutant shall exceed whicheve r of the following

conce ntrations is lowest for the pollutant for a period of e x posure: (1) the conc entra tion allowed under the sec ondary

NAAQS, or (2) the conc entra tion permitted under the pr imary NAAQS.

252:100-8- 32.2. Exclusion from increm ent consum ption The following case s are excluded from incr ement consumption. (1) Concentra tions from an incre ase in emissions from any stationary source conver ting from the use of petroleum products, natura l g as, or both by rea son of any order under sections 2 (a ) and (b) of the Energ y Supply and E n v i ro n mental Coordination Act of 1974 (or any superse ding leg is l at i o n ), o r by rea son of a natura l g as curta ilment plan pursuant to the Fe dera l Power Act shall be excluded. (A) Such exclusion is limit ed to five y ear s afte r the eff ective date of th e order or plan whicheve r is applicable

. (B ) I f both an order and a plan are applicable

, the exclusion shall not apply more than five

y ear s after

the later of the e ffe ctive date s. (2) Emissions of particula te matter from construct i o n o r other temporar y emission-relate d activities of new

or modified sourc es shall be e x cluded. (3) A t empora

ry incre ase of sulfur diox ide, particula te matter, or nitrog en ox ides from an y stationary source by order or authorized varia nce shall be excluded. For purposes of this exclusion any

such orde r or va

rianc e shall: (A) specify the tim e o v er wh ich the temporar y emissions incre ase would occur (not to exceed 2 y ear s in duration unless a long er time is appr oved by the Dire ctor); (B ) specify

that the exclusion is not rene wable; (C) allow no emissions incr ease from a stationary source which would impact a Class I

are a or an are a wher e an applicable incre ment is known to be violated or cause or contribute to the violation of a NAA QS; and (D) require limit ations to be in eff ect by the end of the time period specifie d in such order

or varia nce, which would ensure that the emissions levels from the stationary source aff ecte d would not exceed those levels occur ring from such source befor e the order or varia nce was issued.

252:100-8- 32.3. Stack heights (a) Emission limitation of any air pollutant under this Part shall not be a ffe cted in any manner by : (1) stack he ight of

any source that exceeds g ood eng ineer ing pr actice , or (2) any other disper sion technique. (b) OAC 252:100-8-32.3(a ) shall not apply with respe ct to s t ac k h ei gh ts in exis tence befor e Dec ember

31, 1970, or to dispersion technique s implemented befor e then.

252:100-8- 33. Exem ptions (a) Exem ptions f

rom the re qui rem ents of OAC 252:100-8-34 t hrough 252:100-8-36.2. (1) The require ments of OAC 252:100-8-34 throug h 252:100-8-36.2 do not apply to a particula r major stationary

source or major modification if the source or modification is: (A) a nonprofit hea lth or nonprofit educ ational institut ion; or (B ) major only if fug itive e missions

, to the extent quantifiable, are included in ca lculating the pot ential t o emit and such sour ce is not one of the ca teg ories listed in para g raph ( C) of the def inition of "Major stationar y source "; or (C) a portable stationary source which has previously rec eived a p er m it under the require ments contained in OAC 252:100-8-34 throug h 252 :100-8-36.2 and proposes to

68reloc ate to a temporary new location from which its emissions would not impact a C l ass I

are a or a n are a whe re a

n applicable incre ment is known to be violated. (2) The require ments in OAC 252:100-8-34 throug h 252:100-8-36.2 d o not apply to a major stationary source or major modi fi cation with respe ct to a particula r pollutant if the owner or opera tor demonstrates that the source or mo d i fi cation is located in an are a desig nated as nonattainment for tha t pollutant under section 107 of the Act. (b) Exem ption from air qual ity im pact analyses in OAC 252:100-8- 35(a) and (c) and 252:100- 8-35.2. (1) The re quirements of O AC 252:100-8-35(a ) and (c) and 252:100-8-35.2 are not applicable with respe ct to a particula r pollutant, if t h e al l o wa b le emissions of that pollutant from a new

source , or the net emissions incre ase of that pollutant from a modification, would be temporar y and impact no Class I are a and no are a wher e an applicable incre ment is know n to be violated. (2) The require ments of OAC 252:100-8-35(a ) and (c) and 252:100-8-35.2 as they rela te to any PSD incre ment for a Class I I are a do not apply to a modification of a major stationary source that

was in exis tence on Marc h 1, 1978, if the net incre ase in allowable emissions of eac h reg ulated NSR pollutant from the modification afte r the application of BA CT, would be less than 50 TPY. (c) Exem ption f

rom air quali ty analysis requi rem ents in OAC 252:100-8-35( c). (1) The monitoring require ments of OAC 252:100-8-35(c ) reg arding air quality analy sis are not appli cable for a particula r pollutant if the emission incre ase of the pollutant from a prop o s ed major stationary source or the net emissions incre ase of the pollutant from a major modification would cause , in any ar ea, air quality impacts less than the following signific ant monitoring

conce ntrations (SMC): (A) Ca rbon monox ide - 575 μg /m , 8-hour avera g e, 3 (B ) Nitrog en dioxi de - 14 μg /m , annual avera g e, 3

2 .5 (C) PM - 4 ì g /m , 24-hour avera g e, 3

1 0 (D) PM - 10 μg /m , 24-hour avera g e, 3 (E) Sulfur dioxide -13 μg/m , 24-hour avera g e, 3 (F ) Ozone - no de minimi s air quality level is provided for ozone, howeve r any net incre ase

X of 100 TPY or more of VOC or NO subject to PSD would require an ambient impact analy sis, including the g ather ing of ambient air qua lity

data, (G) L ead - 0.1 μg/m , 24-hour 3- month avera g e, 3 (H) F luorides - 0.25 μg /m , 24-hour avera g e, 3 (I ) Total re duced sulfur

- 10 μg /m , 1-hour avera g e,

3 (J) Hy drog en sulfide - 0.2 μg/m , 1-hour avera g e, or 3 (K) Re duced sulfur

compounds - 10μg /m , 1-hour avera g e. 3 (2) The monitoring require ments of OAC 252 :100-8-35(c ) are not applicable for a particula r pollutant if the pollutant is not listed in prece ding O AC 252:100-8-33(c )(1)

. (d) Exem ption f

rom m onitoring requirem ents in OAC 252:100-8-35( c)( 1)(B) and (D). (1) The require ments for air quality monitoring in OAC 252:100-8-35(c )(1) (B ) and (D) shall not apply to a particula

r source or modification that was subject to 40 CFR 52.21 as in eff ect on J une 19, 1978, if a permit application was submitt ed on or befo re J u n e 8, 1981, and the Direc tor subsequently deter

mined that the application was complete except for the require ments in OAC 252:100-8-35(c )(1) (B ) and (D). I nstead, the require ments in 40 CFR 52.21(m)(2) as in eff ect on J une 19, 1978, shall apply to any such sourc e or modification. (2) The require ments for air quality monitoring in OAC 252:100-8-35(c )(1) (B ) and (D) shall not apply to a particula

r source or modification that was not subject to 40 CFR 52.21 as in eff ect on J une 19, 1978, if a permit application was submitt ed on or befor e J une 8, 1981, and the Direc tor subsequently deter

mi n ed that the application as submitt ed was complete, except for the require ments in OAC 252:100-8-35(c )(1) (B ) and ( D). (e) Exem ption from the preapplication analysi s required by OAC 252:100-8- 35(c) (1)( A), (B), and (D).

1 0 (1) The Direc tor shall deter mine if the require ments for air quality monitoring of PM in OAC 252:100-8-35(c )(1) (A), (B ), and (D) may be waived for a particula r source or modification when

an application for a PSD permit was submitt ed on or befor e J une l, 1988, and the Direc tor

69subsequently determined that the application, except for the require ments for monitoring

particula te matter under OAC 252:100-8-35(c )(1) (A), (B ), and (D), was complete befor e t h at date.

1 0 (2) The require ments for air quality monitoring of PM in OAC 252:100-8-35(c)(1) (B )(i), 2 5 2 :1 0 0

- 8

- 3 5 (c) (1)( D), and 252:100-8-35(c )(3) shall apply to a particula r source or modificatio n if an application for a permit was submitt ed afte r J une l, 1988, and no later than Dec ember 1, 1988. The data shall have been g ather ed over at l east the period from Fe bruar y l, 1988, to the date the application beca me otherwis e complete in acc ordanc e with the provisions of OAC 252:100-8-35(c )(1) (C), except that if the Direc tor deter mines t h at a complete and adequate analy sis can be acc omplished with monitoring data over a shorter pe riod (not to be less than 4 months), the data require d by OAC 252:100-8-35(c )(1) (B )(ii) shall have been g ather ed over that shorter pe riod. (f) Exem ption from BACT requirem ents and air qual ity analyses requirem ents. I f a complete permit application for a source or modification was s ubmitted befor e Aug ust 7, 1980 the require ments for BA CT in OAC 252:100-8-34 and the require ments for air quality analy ses in OAC 252:100-8-35(c )(1) are not applicable to a particula r stationary source or modificatio n t h at was subject to 40 CFR 52.21 as in eff ect on J une 19, 1978. I nstead, the fede ral require ments at 40 CFR 52.21 (j) and ( n) as in ef

fec t on J une 19, 1978, ar e applica ble to any such sourc e or modification. ( g ) Ex e m pt io n fr o m OAC 252:100-8- 35(a)( 1)(B). The permitting require ment s o f O A C 2 5 2 :1 0 0

- 8

- 35(a) (1)( B) do not a

pply to a stationary

source or modification with r espec t to any PSD incr ement for nitrog en ox ides if the owner or operator o f t h e s o u rc e or modification submitt ed a complete application for

a per mit before F ebrua

ry 8, 1988.

252:100-8- 34. Control te chnology review (a) Requirem ent to com ply w i th rules and regulations. A major stationary source or major modification shall meet eac h applica b l e em i ssions limit ation under OAC 252:100 and eac h applicable emission standard and sta ndard of perf ormanc e under

40 CFR parts 60 and 61. (b) Requirem ent to apply best availab le contr ol tec hnol ogy (BACT). (1) A new major stationary source shall apply BA CT for eac h reg ulated NSR pollu tant that it would have the potential to emit in si g nificant a mounts. (2) A major modification shall apply BA CT for eac h reg ulated NSR pollutant for which it would be a signific ant net emissions incre ase at the source

. This require ment applies to eac h proposed emissions unit at which a net emissions incre ase in the pollutant would occur as a result of a phy sical cha

ng e or c hang e in the method of ope ration in the unit. (3) For phased construction projec ts the deter mination of BA CT shall be revie wed and modified
at the discret i o n o f t h e Di rec tor at a rea sonable time but no later than 18 months prior to

commence ment o f co n struction of eac h independe nt phase of the projec t. At such time the

owner or operator may be require d to demonstrate the adequa cy of any previous deter mination of B ACT.

252:100-8- 35. Air quality impactevaluation (a) Source im pact analysis (impacton NAAQS and P SD increm ent). (1) Required dem onstration. The owner or operator of the proposed sour ce or modification shall demonstrate that, as of the source ' s start-up date, allowable emissions incre ases from that

source or modification, in conjunction with all o th e r a p p li cable emissions incre ases or reduc tions (including seconda

ry emissions) wo u l d n o t cause or contribute to any incre ase in ambient

conce ntrations that would exceed: (A) a ny NAAQS in any

air qua lity

control re g ion; or (B ) the rema ining available PSD incre ment for the specifie d air contaminants in any are a as deter mined by the Dire ctor.

2 .5 (2) Sign if

icant im pact l ev el s (SILs). For purposes of PM

, the demonstration require d in OAC 252:100-8-35(a )(1) is de emed to ha ve been made if the emissions incr ease from the new stationary source alone or fr o m t h e m o dification alone would cause , in all are as, air quality impacts less than the following signific ant impact leve ls (SI L s).

702 .5

(A) The SI L s for PM annual aver ag ing time a re 0.06 ì g /m for a Class I Are a, 0.3 ì g /m

3 3 for a Class I I Are a, and 0.3 ì g /m for a Class I I IAre a. 3

2 .5 (B ) The SI L s for PM 24-hour aver ag ing time are 0.07 ì g /m for a Class I Are a, 1.2 ì g /m 3 3 for a Class I I Are a, and 1.2 ì g /m for a Class I I IAre a. 3 (b) Air quality models. (1) All estimates of ambient conce ntrations re q u i re d under this Part shall be based on the applicable air quality models, data bases, and other require ments specifie d in appendix W of 40 CFR 51 (Guideline on A ir Quality Models) as it exist ed on January 2, 2006. (2) Where an air quality model specifie d in appendix W of 40 CFR 51 (Guideline on Air Quality Models) as it exis ted on J anuar y 2, 2006, is inappropria

te, the model may be modified or another model s u b s t i t u t ed, as approved by the Admi nistrator. S uch a modification or subs tituti on of a model may be made on a case -by -ca se basis or, wher e appropr iate, on a g ener ic basis. Modified

or substitut e models shall be submitt ed to the Administrator with written concur renc e of the Di rec tor. I n addition, use of a modified or substitut ed model must be subject to noti ce an d opportunity for public comment under proce dures set forth in Sec. 51.102 as it exis ted on J anuar y 2, 2006. (c) Air quality an alysis. (1) P reapplication anal ysis. (A) Am bient air qual ity analysi s. Any application for a permit under this Part shall contain, as the Direc tor deter mines appropr iate, an analy sis of ambient air quality in the are a that the major stationary source or major modification would aff ect for eac h of the following pollutants: (i) for a new source , eac h reg ulated pollutant that it would have the potential to emit in a sig nificant amount; (ii) for a major modif

ication, eac h reg ulated pollutant for which it would result in a signific ant net emissions increa se. (B ) Monitoring requirem ents. (i) Non-NAAQS pollu tants. For any such pol lutant for which n o NAAQS ex ists, the analy sis shall contain s uch air quality monitoring data as the Direc tor deter mines is

nece ssary to assess the ambient a ir quality for that pollutant in that are a. (ii) NAAQS pollu tants. For visibil ity and any pollutant, other than VOC, for which a NAAQS does exis t

, the analy sis shall contain continuous air quality monitoring data
g ather ed to deter

mine if emission s o f t h at pollutant would cause or contribute to a violation of the NAAQ S or any PSD increment. (C) Monitoring m ethod. Wit h respe ct t o an y requirements for air quality monitoring of

1 0 PM under OAC 252:100-8-33(e )(1) and (2), the owner or oper at o r o f the source or modification shall use a monitoring method approve d by the Direc tor and shall estimate the

1 0 ambient conce ntrations of PM using the data collecte d by such approve d m o n itoring method in acc ordanc e with estimating proce dures a pproved by

the Dire ctor. (D) Monitoring period. I n g ener al, the require d continuous air monitoring data shall have been g ather ed over a period of up to o n e y ea r an d shall repr esent the y ear prec eding submissi on of the application. Ambient monitoring data g ather ed over a period shorter than

one y ear (but no less than four months) or for a time period other than immediately prec eding the application may be acce ptabl e if such data are deter mined by the Director to be withi n the time period that maxi mum pollutant conce ntrations would occur , and to be complete and adequate for deter

mining whether the source or modification will cause or contribute to a violation of any applicable NAAQS o r co n sume more than the rema ining available PSD incre ment. (E) Monitoring period exce ptions. (i) Exceptions for appl i ca ti ons that becam e eff ect ive between June 8, 1981, and F ebruary 9, 1982. For any application which beca me complete ex ce p t for the monitoring require ments of OAC 252:100-8-35(c )(1) (B )(ii) and 252:100-8-35(c )(1) (D), betwee n J une 8, 1981, and Fe bruar y 9, 1982, th e d at a t hat 252:100-8-35(c )(1) (B )(ii)

71require s shall have been g ather ed over the period from Fe bruar y 9, 1981, to the date the application bec ame other wise complete , except that: (I ) I f the source or modification would have been major for that pollutant unde r 40 CFR 52.21 as in eff

ect on J une 19, 1978, any m o nitoring data shall have been
g ather ed over

the per iod require d by

those regulations. (I I ) I f the Direc tor deter m i n es that a complete and adequate analy sis can be

acc omplished with monitoring data over a sh o rt er period, not to be less than four months, the data that OAC 252:100-8-35(c )(1) (B )(ii) require s shal l h av e been
g ather ed over

that shorter pe riod. (I I I ) I f the monitoring data would rela te exclusively to ozone and wo u ld not have been require d under 40 CFR 52.21 as i n eff ect on J une 19, 1978, the Direct o r may waive the otherwise applicable require ments of OAC 252:100-8-35(c )(1) (E)( i) to the extent that the applicant s hows that the m onitoring data would be unre prese ntative of air qua lity

over a full y ear

.

1 0 (ii) Monitoring period exce ption for P M

. For any application that beca me complete,

ex cept for the require ments of OAC 252:100-8-35(c )(1) (B )(ii) and 252:100-8

-

1 0 35(c) (1)( D) perta ining to monitoring of PM

, afte r Dec ember l, 1988, and no later than Aug ust l, 1989, the data that 252:100-8-35(c )(1) (B )(ii) require s shall have been g ather ed

over at least the period from Aug ust l, 1 9 8 8

, t o t h e date the application become s otherwise complete, except that if the Direc tor deter mines that a complete and adequate analy sis can be a ccomplished with monitoring data over a shorter period (not less than 4 months), the data that 252:100-8-35(c )(1) (B )(ii) require s shall have been g ather ed over that shorter pe riod. (F ) Ozone post-approval m onitoring. The owner or operator of a p roposed major stationary source or major modification o f VO C who satisfies all conditions of OAC 252:100-8-54 and 40 CFR 51, Appendix S, Section I V as it exis ted on J anuar y 16, 1979, may p rovide post-approval moni toring data for oz one in lieu of providing preconstructi o n d at a

as re quired unde r OAC 252:100-8-35( c)( 1). (2) P ost-c onstruction m onitoring. The owner or operator of a new major stationary source or maj o r m o d ification shall conduct, afte r construction, such ambient monitoring and visibil ity monitoring as t he Direc tor deter mines is nece ssary to deter mine the eff

ect its emissions may have, or are having , on air qua lity in any are a. (3) Operation of m onitoring stations. The opera tion of monitoring stations for any air quality monitoring required under thi s Part shall meet t h e re q u irements of 40 CFR 58 Appendix B as it ex isted J anuar

y 2, 2006.

252:100-8- 35.1. Source inf orm ation (a) The permit application for a proposed new major stationary source or major modification subject
to this Part shall contain the construction permit application content require d in OAC 252:100-8-4. (b) I n addition to the require ments of OAC 252:100-8-35.1(a ), the owner or operator of a proposed

new major stationary source or major mo dification subject to this Part shall supply the following information in the per

mit application. (1) T h e o wner or operator of a proposed source or modification shall submit all informat i o n

nece ssary to perfor m any analy sis or make a

ny deter mination required unde r this Part. (2) The permit application s h al l contain a detailed descr iption of the sy stem of continuous emission reduc tion planned for the sourc e o r modification, emission estimates, and any other information nec essar

y to determine tha t BACT a s applicable would be applied. (3) Upon re quest of the Dir ector , the owner or oper ator shall also provide information on: (A) the air q u al ity impact of the source or modification, including meteorolog ical and topogr aphica l data nec essar y to estimate such impact; and (B ) the air quality impacts and the nature and extent of an y o r all g ener al commerc ial, residential, industrial, and other g rowth which has occur red since Aug ust 7, 1977, in the are a the source or modification would af fec t.

72252:100-8- 35.2. Addition al im pact analyses

(a) Gr owth analysi s. The permit application shall provide an analy sis of the projec ted air quality impact and impairment to visibil ity

, soils, and vege tation as a result of the s ource or m odification and g ener al commerc ial, residential, industrial, and o t h er growth associate d with the source or modification. (b) Visibi lity m onitoring. The Direc tor may require monitoring of visibil ity in any Fe dera l Class I are a near the proposed new stationary source or major modification for such purposes and by such

means a s the Direc tor dee ms nece ssary and appr opriate.

252:100-8- 36. Source im pacting Class I areas (a) Class I area variance. Permits may be issued at varia nce to the limit ations imposed on a Class I are a in compliance with the proce dures and limit ations established in State and Fe dera l Clean Air Acts. (b) Notice to F ederal Land Managers. (1) The Direc tor shall notify any aff ected Fe d era l L and Manag er of the rec eipt of any permit application for a proposed major stationary source or major modification, emissions from which
may aff ect a Class I are a. Such notifica tion must be made in writing w ithin 30 day s of re ceipt of an application for a permit to construct and at least 60 day s prior to public hear in g on the application. The notification must includ e a co m p lete copy of the permit application. The Direc tor shall also notify any aff ecte d Fe dera l L and Manag er within 30 d ay s o f re ce i pt of any advanc e notifica tion of such per mit application. (2) The p er m i t ap p l i cation will contain an analy sis on the impairment of visibil ity and an assessment of any anticipated adver se i m pacts on soils and veg etation in the vicinity of the

source resulting from construc tion of the source

. (c) Visibi lity analysi s. Any analy sis perf ormed by the Fe dera l L and Manag er shall be considere d b y t h e Di rec tor provided that the analy sis is filed with the DEQ within 30 day s of rec eipt o f t h e application by the Fe dera l L and Manag er. Where the Direc tor finds that such an analy sis doe s not demonstrate to the satisfac tion of the Direc tor that an adver se impact on visibil ity will result in the Fe dera l Class I area, the Direc tor will, in any notice of public hear ing on the permit application, either e x plain the dec ision or give notice as to whe re the explanation can be obta ined. (d) P erm it denial. Upon prese ntation of g ood and sufficie nt informati o n b y a Fe dera l L and Manag er, the Direc tor may deny the issuance of a permit for a source , if the emissions will adver sely impact are as cate g orized as Class I are as even though the emissions would not cause the incre ment for suc h Class I are as to be e x cee ded.

252:100-8- 36.1. P ubl ic participation See OAC 252:4 and O .S. §§ 27A-2-5-112 a nd 27A-2-14- 101 to § 2-14-304.

252:100-8- 36.2. Source obligation (a) Obtain ing and com plyin g wi th preconstr uction perm its. Any o wner or operator who
constructs or operates a source or modification not in acc ordanc e with the application submitt ed pursuant to this Part or wit h the t er m s o f an y ap proval to construct, or any owner or operator of a

source or modification subjec t to this Part who commence s construction afte r the eff ective date of these reg ulations without apply ing for and rec eiving approval here under, shall be subject to
appropr iate enf

orce ment action. (b) Consequences of relaxat ion of perm it requirem ents. When a source or modification become s major solely by virtue of a rela x ation in any enfor cea ble permit limit ation established afte r Aug ust 7, 1980, on the capa city of the source or modification to emit a pollutant, such as a re striction on hours of operation, then the require ments of OAC 252:100-8, Parts 1, 3, 5, and 7 and 252:100-8-34 throug h 252:100-8-37 shall apply to that source or modification as though construction had not y et

commence d on it. (c) Requirem ents wh en u s i n g p rojecte d actual em ission s. The following specific provisions apply to projec ts at exis ting emissions units at a major stationary source (other t han projec ts at a

73source with a PAL ) when the owner or operator elec ts to use the method specifie d in (B )(i) throug h

(iii) of the de finition of "pr ojected a ctual emissions" f or ca lculating projec ted ac tual emissions. (1) Be fore beg inning actua l construction of the projec t, the owner or opera tor shall document and maintain a r ecor d of the following information: (A) A desc ription of the projec t; (B ) I dentifica tion of the exis ting emissions unit(s) whose emissions of a reg ulated NSR pollutant could be af

fec ted by the projec t; and (C) A descr iption of the applicability test used to deter mine that the projec t is not a major modification for a

ny reg ulated NSR pollutant, including the baseline actual emissions, the projec ted actua l emissions, the amount of emissions excluded under (B )(iii) of the definition of "pr ojected actua l emissions" and an explanation for why such amount was excluded, and
any netting c alculations, if applica ble. (2) I f the emissions unit is an exis ting EUSGU, befor e beg inning actua l construction, the owner

or opera tor shall provide a copy of the information set out in O AC 252:100-8-36.2(c )(1) to the Direc tor. Nothing in OAC 252:100-8-36.2(c )(2) shall be construed t o require the owner or opera tor of such a unit to obtain any det er m i n at i o n from the Direc tor befor e beg inning actua l construction. (3) The owner or opera

tor shall monitor the emissions of any reg ulated NSR pollutant that could i n cr ease as a result of the projec t and that is emitted by any emissions unit identified i n OA C 252:100-8-36.2(c )(1) (B ); and ca lculate a nd maintain a re cord of

the annua l emissions, in TPY

on a cale ndar y ear basis, for a period of 5 y ear s following resumption of reg ular operations afte r the chang e, or for a period of 10 y ear s following resumption of reg ular operations afte r the chang e if the projec t incre ases the desig n capa city o r p o t en t ial to emit of that reg ulated NSR pollutant at such emissions unit. (4) I f the unit is an exis ting EUSGU, the owner or operator shall submit a repor t to the Direc tor within 60 day s afte r t he end of each y ear during which re co rds m ust be gene rate d under OAC 252:100-8-36.2(c )(3) setting out the unit's annual emissions du ri n g the cale ndar y ear that

prec eded submission of the re port. (5) I f the unit is an exis ting unit other than an EUSGU, the owner or op er at o r s h all submit a repo rt t o t h e Di rec tor if the annual emissions, in TPY, from the projec t identified in OAC 252:100-8-36.2(c )(1)

, ex ce ed the baseline actua l emissions (as documented and maintained pursuant to 252 : 1 0 0 -8 -3 6.2(c) (1)( C)) by an amount that is signific ant for that reg ulated NSR pollutant, and if such emiss ions differ from the prec onstruction projec tion as docume nted and maintained pursuant to 252:100-8-36.2(c )(1) (C). Such repor t shall be submitt ed to the Direc tor within 60 day s after

the end of

such y ear . The re port shall contain the f ollowing: (A) The name, addr ess and tele phone number of the major sta tionary

source ; (B ) The a

nnual emissions as calc ulated pursua nt to OAC 252:100-8-36.2(c) (3); and (C) Any other information that the owner or operator wishes to include in the repor t ( e.g. , an explanation as to why

the emissions differ f

rom the pre construction proje ction). (6) The owner or opera tor of the source shall make the information require d to be documented and m ai n t ai n ed pursuant to OAC 252:100-8-36.2(c ) available for revie w upon reque st for inspection by

the Dire ctor or the g ener al public. (7) The req u i rements of OAC 252:100-8-34 throug h 252:100-8-36.2 shall apply as if construction has not y et com m en ce d at any time that a projec t is deter mined to be a major modification bas ed o n an y cre dible evidenc e, including but not limit ed to emissions data produce d afte r the projec t is completed. I n any such case , the owner or operator may be subject to enforc ement for

failure to obtain a PSD permit prior to beg inning a ctual construc tion. (8) I f an owner or operator materially fails t o comply with the provisi ons of OAC 2 5 2 : 1 0 0 -8- 36.2(c) , then the ca lendar y ear emissions are pr esumed to equa l the source ' s potential to emit.

252:100-8- 37. Inn ovative c ontrol tec hnol ogy (a) An applicant for a permit for a proposed major stationary source or major modification may reque st the Direc tor in writing to a pprove a sy stem of innovative contr ol technolog y

. (b) The Dire ctor may

deter mine that the innovative contr ol technolog y is permissible if:

74(1) The proposed control sy stem would not cause or contribute to an unrea sonable risk to public

health, we lfare or saf

ety in its operation or func tion. (2) The applicant ag ree s to achie ve a level of continuous emissions reduc tions equivalent to that which would have been require d for BA CT under OAC 252:100-8-34(b) (1) by a date specifie d b y t h e Di rec tor. Such date shall not be later than 4 y ear s from the time of start-up or 7 y ears from per mit is suance

. (3) The source o r m odification would meet the require ments equivalent to those in OAC 252:100-8-34 and 252:100-8-35(a ) bas ed o n the emissions rate that the stationary source employ ing the sy stem of i nnovative cont rol technolog y would be required to meet on the date specifie d by

the Dire ctor. (4) The source or modification would not, befor e the date specifie d, cause or contribute to a ny violation of the applicable NAAQ S

, o r i m p act any Class I are a or are a wher e an applicable incre ment is known to be violated. (5) All other applica

ble re quirements including those for public pa rticipation have been me t. (6) The provisions of OAC 252:100-8-36 (re lating to Class I are as) have been satisfied with

respe ct to all periods during the life of the source or modification. (c) The Direc tor shall withdraw approva l to employ a sy stem of innovative control technolog y made under O AC 252:100-8-37, if: (1) The proposed sy stem fails by the specifie d date to achie ve the require d continuous emissions reduc tion rate; or, (2) The proposed sy stem fails before t h e s p ec i fi ed date so as t o contribute to an unreasonable risk to public health, welf are or saf ety ; or, (3) The Direc tor decide s at any time that the proposed sy stem is unlikely to achie ve the require d level of c ontrol or to protec t the public health, we lfare or saf ety

. (d) I f a so u rc e o r m odification fails to meet the require d level of continuous emissions reduc tion within the specifie d time period, or if the approva l is withdrawn in acc ordanc e with OAC 252:100-8- 37(c)

, the Direc tor may allow the s o u rc e o r modification up to an additional 3 y ear s to meet the require ment for a

pplication of B ACT throug h the use of a demonstrated sy stem of control.

252:100-8- 38. Act uals PAL (a) Incorporation by refer ence. Wit h the ex ception of the definiti ons in OAC 252:100-8-38(c ), 40 CFR 51.166(w), Actuals PAL s, is here by incorporated by ref ere nce, as it exis ts on J uly 2, 2007, and does not include any

subsequent ame ndments or editions to the ref ere nced ma terial. (b) I n cl u sion of CF R citations and defi nition s. When a provision of Title 40 of the Code o f Fe dera l Reg ulations (40 CFR) is incorporated by ref ere nce, all citations contained the rein a re a lso incorpora ted by ref ere nce. (c) Term inology relat ed to 40 CF R 51.166(w). For purposes of in t er fa cing with 40 CFR, the following terms apply

. (1) "B aseline actua l emissions" is sy nony mous with the definition of "ba seline actua l emissions" in OAC 252:100-8-31. (2) "B uilding, structure

, fac ility

, or installation" is sy nony mous with the definition of "building

, structure , fac ility , or installation" in OAC 252:100-1- 3. (3) “EPA" is sy

nony mous with Depa

rtment of Environmental Quality (DEQ) unless the context clea rly indicates other

wise. (4) "Ma jor modification" is sy

nony mous with the definition of "ma jor m o d i fi cation" in OAC 252:100-8-31. (5) "Net emissions incre ase" is sy nony mous with the definiti on of "net emiss ions incre ase" in OAC 252:100-8-31. (6) "Re viewing authority " is sy nony mous with "Dire ctor"

. (7) "State implementa tion plan" is sy nony mous with OAC 252:100. (8) "V olatile org anic compound (VOC)" is sy nony mous with the definition of "vola tile org anic compound" or " VOC" in OAC 252:100-1-3.

252:100-8- 39. Severability

75I f any provision of this Part, or the application of such provision to any person or circ umstance,

is held invalid, the rema inder of this Part

, or the application of such provision to persons or circ umstances other

than those as to which it is held invalid, shall not be af fec ted there by

.

P ART 9. MAJOR SOURCES AF F ECTING NONA TTAINMENT AREAS

252:100-8- 50. Appli cability (a) Ge neral appli cability. (1) The require ments of this Pa rt s h al l ap p ly to the construction of any new major stationary

s o u rc e or m ajor modi fica tion which would locate in or aff ect a nonattainment area located i n Oklahoma, desig nated under section 107(d)( 1)(A) (i) of the Act, if the stationary source or modification is major for the pollutant for which the a rea is designa

ted nonattainment. (2) The require ments 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) I n addition, the require ments of a PSD revie w (OAC 252:100-8, Part 7) would be applicable if any reg ulated NSR pollutant other than the nonattainment pollutant is emitted in signific ant amounts by

that source or modification. (b) Major m odif

ication. (1) Major m odif

ication app licabili ty dete rm ination

. (A) Ex cept as otherwise provided in OAC 252:100-8-50(c ), and cons i s tent with the definition of "ma

jor modification" contained in OAC 2 5 2 : 1 0 0-8-51, a projec t is a major modification for a

reg ulated NSR pollutant if it causes two ty pes of e missions incre ases: (i) a sig nificant e missions incre ase, a nd (ii) a sig nificant ne t emissions i ncre ase. (B ) The project i s not a major modification if it does not cause a s i gn i fi ca n t emissions incre ase. I f t he project cause s a s i gn i fi cant emissions incre ase, then the project is a major modification only

if it also results in a signif icant net e missions incre ase. (2) Calculating signi fi cant em ission s increase and signi fi cant net em ission s increase

. The

proce dure for calc ulating whether a signific ant emissions incre ase will occur depends upon the ty pe of emissions unit(s) being modified, acc ordin g to OAC 252:100-8-50(b) (3) throug h (5). This is the first step in deter mining if a proposed modification would be considere d a major modification. T h e p ro ce d ure for calculating whether a si g nificant net emissions incre ase will

occur at the major stationary source is contained in the definition of "ne t emissions incre ase" in OAC 252:100-8-50.1 and 252:100-8-51. This is the se cond step in the proce ss of deter mining if a propose d modification is a major modifica tion. Both steps occur prior to the beg inning of
actua l c onstruction. Reg ardle ss of any such pre construction proje ctions, a major modification results if the projec t cause s a signific ant em issions incre ase and a signific ant net emissions incre ase. (3) Act ual-to-proje cte d-actual appl icability test for projec ts that o n l y involve existing

em ission s uni ts. A signific ant emissions incr ease of a reg ulated NSR pollutant is projec ted to

occur if the sum of the differ ence betwee n the projec ted actua l emissions and the baseline actua l emissions, as applicable

, for eac h exis ting emissions unit, equals or exceeds the amount that is signific ant for tha t pollutant. (4) Act ual-to-potential test for projec ts that only involve construct ion of a new em ission s uni t(s). A s ignif

icant emissi ons incre ase of a re g ulated NSR pollutant is projec ted t o occur if the sum of the differ ence betwee n the potential to emit from eac h new emissions unit following completion of the projec t and the baseline actua l emissions of these units befor e t h e projec t equals or e x cee ds the amount that is significa nt for that pollutant. (5) Hybrid test for projec ts that involve m ultip le types of em ission s uni ts. A sign i fi cant emissions incre ase of a reg ulated NSR pollutant is projec ted to occur if the sum of the emissions incre ases for each emissi ons unit, using the method spec ified in OAC 252:100-8-50( b)(3) and (4) a s applicable with respe ct t o eac h emissions unit, for e ach ty pe of e missions unit equals or exceeds the a

mount that is si g nificant for that pollutant.

76(c) P lantw ide appl icability lim itation (P AL). M ajor stationary source s seeking to obtain or

maintain a PAL

shall comply

with require ments under OA C 252:100-8-56.

252:100-8- 50.1. Incorporation by refere nce (a ) I n cl u s i o n o f CF R citations and defi nition s. When a provision of Title 40 of the Code of Fe dera l Reg ulations (40 CFR) is incorporated by ref ere nce, all citations contained the rein a re a lso incorpora ted by ref ere nce. (b) Term inology relat ed to 40 CF R. When these terms are used in rules incorporated by ref ere nce from 40 CFR, the f

ollowing ter

ms or definitions shall apply

. (1) "B aseline actua l emissions" is sy nony mous with the definition of "ba seline actua l emissions" in OAC 252:100-8-31. (2) "B uilding, structure

, fac ility

, or installation" is sy nony mous with the definition of "building

, structure , fac ility , or installation" in OAC 252:100-1- 3. (3) "E PA" is sy

nony mous with Depa

rtment of Environmental Quality (DEQ) unless the context clea rly indicates other

wise. (4) "Ma jor modification" is sy

nony mous with the definiti on of "major modi fi ca t i o n " in OAC 252:100-8-51. (5) " Net emissions increa se" is sy nony mous with the de finition of "ne t emissions i ncre ase" in OAC 252:100-8-51. (6) "Re g ulated NSR pollutant" is sy nony mous with the definition of "r eg ulated NSR pollutant" in OAC 252:100-8-51. (7) " Reviewing authority " is sy nony mous with "Dire ctor"

. (8) "Sec ondary emissions" is sy nony mous with the definition of "se condar y emissions" in OAC 252:100-8-1.1. (9) " State implementation plan" is sy nony mous with OAC 252:100. (10) "V olatile org anic compound (VOC)" is sy nony mous with the definition of "vola tile org anic compound" or " VOC" in OAC 252:100-1-3.

252:100-8- 51. Defini tions The definitions in 40 CFR 51.165(a) (1) are here by incorporated by ref ere nce as they exis t on J uly 1, 2010, except for the definitions found at 40 CFR 51.165(a) (1)( x x x v) "ba seline actua l emissions"; (ii) "building

, structure

, fac ility

, or installati o n "; (x lv) "f ix ed capital cost" ; (xl iv) "f unctionally equivalent component" ; (v) "ma jor modification" ; (vi) "ne t emi ssions incre ase" ; (xl iii) "pr ocess unit"; (xx x vii) "r egu l ated NSR pollutant"; (xx x viii) "r eviewing authority "; (viii) "se condar y emissions"; (xl vi) "total capital i nvestment" ; and (xix ) " volatile org anic c ompound (VOC)" . Wit h the ex ception of "r eviewing authority ", "f ix ed capital cost"

, "f

unctional ly equivalent component", "p ro ce s s u nit", and "total capital investment", these terms are define d in OAC 252:100-8-31, 252:100-8-51, or 252:100-1-3. The following words and te rms, when use d in this Part, shall have the following meaning , unless the context clear ly indicates other

wise. "Major m odif

ication" means: (A ) An y p h y sical chang e in, or chang e in the method of operation of, a major station ar y

source that would result in a signific ant emissions incre ase of a reg ulated NSR pollutant and

a signific ant net emissions incre ase of that pollutant from the major stationary source is a major modification. (i) Any signific ant emissions incre ase from any emissions unit or net emissions incre ase

X at a major stationary source that is signific ant for VOC and/or ox ides of nitrog en (NO ) shall be consider ed sig nificant for ozone. (ii) A phy sical cha

ng e or c hang e in the method of ope ration shall not include: (I ) routine maintena

nce, r epair

and re place ment; (I I ) use of an alterna tive fuel or raw materia l by rea son of any order under se ctions 2(a) and (b) of the Energ y Supply and Environmental Coordination Act of 1974 (or
any superse ding leg islation) or by rea son of a natura l g as curta ilment plan pursuant to the Fe dera l Power Ac t;

77(I I I ) use of an alterna tive fuel by rea son of an order or rule under section 125 of the Act; (I V) use of an alternative fuel at a steam g ener ating unit to the extent that the fuel is
g ener ated f

rom municipal solid waste; (V) use of an al t er n at i ve fuel or raw materia l by a source which the source was capa ble of acc ommodating befor e Dec ember 21, 1976, unless such chang e would be prohibited under a

ny fede rally enfor cea ble per mit condition which wa s established afte r Decembe r 21, 1976, or t he source is approve d to use unde r any permit issued under 40 CF R 52.21 or OAC 252:100-7 or 8; (VI ) an incre ase in the hours of operation or in the production rate unless such chang e would be prohibited under any fede rally enfor cea ble permit condit i o n which was established af

ter De cembe r 21, 1976; (VI I ) any chang e in source owner ship; (VI I I ) the installation, operation, cessa tion, or remova l of a temporar y clea n coal technolog y demonstration projec t, provi d ed t h at the projec t complies with OAC 252:100 and other require ments nece ssary to attain and maintain the NAAQS during the projec t and af

ter it is terminated. (B ) This definition shall not apply with respe ct to a particula r reg ulated NSR pollutant when the major stationary source is comply ing with the require ments under OAC 252:100-8-56 for a PAL for that pollutant. I nstead the de finition at 40 CFR 51.165(f)( 2)(viii) shall apply

. (C) For the purpose of apply ing th e r e q u ir e me nts of OAC 252:100-8-54.1(a ) to modifications

X at major stationary s o u rc es of NO located in ozone nonattainment are as or in ozone transport reg ions (as define d in 42 U.S.C. § 7511c), whether or not subject to subpart 2, part

X D, title I of the Act, any signific ant net emissions incre ase of NO is considere d signific ant for ozone. (D) Any phy sical chang e in, or ch an ge i n t h e method of operation of, a major stationary

s o u rce of VOCs that results in any incre ase in emissions of VOCs from any d i s cr et e opera tion, emissions unit, or other pollutant emitting activ i t y at t h e source shall be considere d a signific ant net emissions incre ase and a major modification for ozone, if the major stationary source is located in an extreme ozone nonattainment are a that is subject to subpart 2, par

t D, title I of the Ac t. "Net em ission s increase" means: (A) With respec t to any reg ulated NSR pollutant emitted by a major stationar y source , net emissions incre ase shall mean the amount by which the sum of the following exceeds zero: (i) the incre ase in emissions from a particula r phy sical chang e or chang e in the method of operation at a stationary source as calc ulated pursuant to OAC 252:100-8-50(b) ; and, (ii) any other incre ases and decr ease s in actua l emissions at the major stationary source that are contempora

neous with the particula r chang e and are otherwise cre ditab le. Ba seline actua l emissions for calc ulating i n cr ea s es and decr ease s under (A)( ii) of this definition shall be deter m i n ed as provided in the definition of "ba seline actua l emissions", except that (B )(iii) and ( C)(iv) of tha t definition shall not apply

. (B ) An incre ase or decr ease in actua l emissions is contempora neous with the incre ase from the particular chang e only if it occur s within 3 y ear s befor e the date that the i ncre ase from the par ticular c hang e occ urs. (C) An incr ease or dec rea se in ac tual emissions is creditable only if: (i) it is contemporane ous; and (ii) the Director has not relied on it in issuing a permit under OA C 2 5 2 : 1 0 0 -8, P art 9, which permit is in eff

ect when the incre ase in actua l emissions from the particula r chang e

occur s. (D) An incre ase in actua l emissions is cre ditable only to the extent that th e n ew l ev el o f
actua l emissions ex cee ds the old level. (E) A decr ease in actual e missions is creditable only to the extent that: (i) the old le vel of ac tual emissions or the old le vel of allowable emissions, whic hever is lower, excee ds the new le vel of a ctual emissions;

78(ii) it is enfor cea ble as a prac tical matter at and afte r the time that actua l construction on the par ticular c hang e beg ins; (iii) the Dire ctor ha s not relied on it in issuing any permit under O AC 252:100; and, (iv) it has approximately the same qualitative signific ance for public health and welfa re as that attributed to the incr ease from the pa rticular c hang e. (F ) An incre ase that results from a phy sical chang e at a source occur s when the emission unit

on which construction occur red become s op erational and beg ins to emit a particula r pollutant. Any repla ceme nt unit t h at require s shakedow n become s operational afte r a

rea sonable shake down per iod, not to ex cee d 180 day s. (G) Parag raph 40 CFR 51.165(a) (1)( x ii)(B ) of the definition of "a ctual emissions" shall not apply for de termining cre ditable incre ases a nd decr ease s or af

ter a chang e. "Regulated NSR poll utant" for pur poses of this Part, means a ny or all of the f

ollowing: (A) N itrog en oxides or volatile org anic c ompounds; (B ) Any pollutant for which a

NAAQS has be en promulg ated; (C) Any pollutant that is identified under this para g raph as a consti t u en t or precursor of a
g ener al pollut an t l i s t ed under para g raph (A) or (B ) of this definition, provided that such constituent or prec ursor pollutant may only be reg ulated under NSR as part of reg ulation of the g ener al pollutant. Precur sors identified by the Administrator for purposes of NSR are the following : (i) Volatile org anic compounds and nitrog en ox ides are prec ursors to ozone in all ozone nonattainment ar eas.

2 .5 2 .5 (ii) Sulfur diox ide is a pre cursor to PM in all PM nonattainment ar eas.

2 .5 2 .5 (iii) Nitrog en oxides a

re presumed to be prec ursors to PM in all PM nonattainment

ar eas, unless the State demonstrates to the Administrator' s satisfac tion o r E P A demonstrates that emissions of nitrog en ox ides from source s in a specific are a are not a

2 .5 signific ant contributor to that ar ea' s ambient PM conce ntrations. (iv) Volatile org anic compounds and ammonia are presumed not to be p re cursor s to

2 .5 2 .5 P M in any PM nonattainment are a, unless the State demonstrates to th e Administrator' s satisfac tion or EPA demons t rate s that emissions of volatile org anic compounds or ammoni a from source s in a spec ific ar ea are a si g nificant contributor to

2 .5 that are a' s ambient PM conce ntrations, or

2 .5 1 0 (D) PM emissions and PM emissions

, i n cl uding g aseous emissions from a source or activity which condense to form particula te matter at ambient temperatures. Such condensa ble particula

te matter shall be acc ounted for in applicability deter minations and in

2 .5 1 0 establishing emissions limit ations for PM and PM in nonattainment major NSR permits.

252:100-8- 51.1. Em ission s reductions and off sets (a) The require ments in 40 CFR 51.165(a) (3) reg arding emissions reduc tions and offse ts are here by incorpora ted by ref ere nce a s they

exis t on J uly

2, 2007. (b) T h e re q u i re m ents in subsection 40 CFR 51.165(a) (9) dealing with offse t ratios are here by incorpora ted by ref ere nce a s they

exis t on J uly

1, 2010. (c) The require ments in 40 CFR 51.165(a) (11) reg arding emission offse ts are here by incorporated by ref ere nce a s they

exis t on J uly

1, 2011.

252:100-8- 52. Appli cability deter m ination for sources in attainm en t a re a s causing or contributing to NAAQS violation (a) The require ments in 40 CFR 51.165(b) reg arding a source located in an attainment or unclassifiable are a but causing or contributing to a NAAQS violation are here by incorp o ra t ed by ref ere nce a s they

exis t on Dece mber 20, 2010. (b) Sources of VOC located outside a desig nated ozone nonattainment are a will be presumed to have no signific ant impact on the desig nated nonattainment are a. I f ambient monitoring indicates that the area of source location i s in fac t nonattainment, t hen the sourc e may be g rante d its permit since the a

rea has not y et bee n desig nated nona ttainment.

79(c ) S o u rc es locating in an attainment are a but impacting on a nonattainment are a above th e

signific ant levels listed in OAC 252:100-8-52(a ) are exempted from the condition of OAC 252:100- 8-54(4) (A). (d) The deter

mination whether a source or modification will cause or contribute to a violation of an applicable ambient air quality standard f o r s u lf ur diox ide, particula

te matter or car

bon monox ide will be made on a case -by -ca se basis as of the proposed new source ' s s t ar t -up date by an atmospheric simulation model. For source s of nitrog en ox ides the model can be used for an initial deter mination assuming all the nitric ox ide emitted is ox idiz ed to nitrog en diox ide by the time the plume rea ches
g round level, and the initial conc entra tion e stimates w ill be adjusted if adequate data a re a vailable
to acc ount for the e x pecte d ox idation rate. (e) The deter

mination as to whether a source would cause or contribute to a violation of applicable ambient air quality s t an d ar d s wi l l be made on a case-by -ca se basis as of the new source ' s start-up date. There fore

, if a desig nated nonattainment are a is projec ted to be attainment as part of the state implementation plan control strateg y by the new source start-up date, offse ts would not be require d if the newsource would not cause a new violation.

252:100-8- 53. Exem ptions (a) The require ments in 40 CFR 51.165 (a )( 4 ) rega rding exemption of fug itive emissions in deter mining if a source or modification is ma jor are here by incorporated by ref ere nce as they exis t on J uly 2, 2007. (b) Nonattainment are a require ments do not apply to a particula r source or modification locating in

or impacting on a nonattainment are a if the source or modification was not subje ct to 40 CFR Part 51, Appendix S (emission offse t interpre tative ruling ) as it exis ted on J anuary 1 6

, 1 979, and the

source : (1) obtained all fina l fede ral a nd state construc tion permits before Aug ust 7, 1980; (2) commence d construction within 18 months from Aug ust 7, 1980, or any ear lier time require d by the State I mplementation Plan; and, (3) did not discontinue construction for a period of 18 m o n t h s o r m ore and completed construction within a re asonable time. (c) Secondar

y emissions are excluded in deter mining the potent ial to emit. Howeve r, upon deter mination of the Direc tor, if a source is subject to the require ments o n t h e b asis of its direc t emissions, the applicable require ments must also b e met for seconda ry emissions but the source

wo u l d b e exempt from the conditions of OAC 252:100-8-52(d) and 252:100-8-54(1) throug h 252:100-8-54(3) . Also, the indirect impac ts of mobile sources a re e x cluded. (d) As specifie d in the appl i ca b l e d ef initions

, the require ments of Part 7 for PSD and Part 9 for nonattainment are as of this Subchapter are not applicable to a modification if the exis ting source was not major on Aug ust 7, 1980, unless the proposed addition to the exis ting minor source is major in its own right.

252:100-8- 54. Requirem ents for sources locat ed in n onattainm ent are as I n the event a major s o u rc e o r modification would be constructe d in an are a desig nated as nonattainment for a pollutant for which the source or modification is major, approva l shall be
g rante d only

if the following conditions are me t: (1) The new source must demonstrate that it has applied control technolog y which the Direc tor,

on a case -by -ca se basis, deter mines is achie vable for a s o u rc e b as ed on the lowest achie vable emission rate (L AER) achieved in prac tice by such categ ory of so u rc e (i.e., lowest achie vable emission rate a s defined in the A ct). (2) I f the Direc tor deter

mines that imposit ion of an enfor cea ble numerica l emission standard is infea sible due to technolog ical or economic limit ations on measure ment methodology

, a desig n, equipment, work prac tice or operational standard, or combination there of, may be presc ribed as the emission limi tation rate. (3) T h e owner or operator of the new source must demonstrate that all other major source s owned or opera ted by such person in Oklahoma a re in c ompliance, or

are meetingall steps on

80a schedule for compliance

, with all applicable limit ations an d s tandar ds under Oklahoma and

Fe dera l Clean Air Ac ts. (4) The owner o r operator of the new source must demonstrate that upon commencing

opera tions: (A) The emissions fr om the proposed source and all other source s permitted in the are a do not exceed the p l an ned g rowth allowable for the are a desig nated in the State I mplementation Plan; or, (B ) The total allowable emissions from exis ting source s in the reg ion and the emissions from the proposed source will be sufficie ntly less than the t o t al em i s sions from exis ting

source s allowed under the State I mplementation Plan at the date o f co n s t ruction permit application so as to repr esent further prog ress to wa rd at t ainm ent or maintenanc e of the ambient air qua lity

standards in the pr oblem are a. (5) The owner

or oper ator may

prese nt with the application an analy sis of alternate sites, sizes and produc tion processe s for such pr oposed sourc e.

252:100-8- 54.1 Ozone and PM -10 prec ursors (a) Ozone. The requireme nts of P art 9 of OAC 252:100-8 applicable to major st ationary s o u rce s

X and major modifications of VOCs shall apply to NO emissions from major stationary source s and

X major modifications of NO in an ozone transport reg ion (as define d in 42 U.S.C. § 7511c) or in any

ozone nonattainment are a, except in ozone nonattainment are as or in portions of an ozone transport

X reg ion wher e the Administrator has g rante d a NO waiver apply ing the standards s et forth under section 182(f

) of the A ct and the w aiver continues to apply

. (b) P M-10 precursor s. The require m en t s o f P art 9 of OAC 252:100-8 applicable to major stationary source s and major modifications of PM-10 shall also apply to maj o r stationary source s and

m ajor modifications of PM-10 prec ursors, except wher e the Administrator deter mines that s u ch

source s do not contribute signific antly to PM-10 levels that exceed the PM-10 ambient standards in the ar ea.

252:100-8- 55. Source obligation (a) Construction perm its required. An owner or operator shall obtain a construction permit prior to commencing construction of a new major

stationary

source or major modification. (b) Responsib ility to com ply and the consequences of relaxat ion of perm it conditi o n s. The require ments in 40 CFR 51.165(a) (5) reg arding the responsibil ity to comply with applicable loc al State or F eder al law and the conseque nces of becoming a major source by virtue of a re laxation i n any enfor ceme nt limi tation are here by incorporated by

ref ere nce a s they

exis t on J uly

2, 2007. (c) Requirem ents wh en usin g projec ted act ual em ission s. (1) The specific provisions in 40 CFR 51.165(a) (6)( i) throug h (v) (as they exis t on J uly 2, 2007) shall apply to projec ts at exis ting emissions units at a major stationary source (other than projec ts
at a source with a P AL) when t he owner or operator elec ts to use t he methods specifie d in the definition of "pr ojected actua l emissions" at 40 CFR 51.165(a) (1)( x x viii)(B) (1) throug h (3) for calc ulating pr ojected a ctual emissions. (2) The requi r e ments in 40 CFR 51.165(a) (6)( i) throug h (v) are here by incorporated by ref ere nce as they exis t on J uly

2, 2007 (d) Availabil ity of inf

orm ation. The require ments in 40 CFR 51.165(a) (7) reg arding availability of information require d to document the u s e of projec ted actua l emissions for deter mining if a projec t is a major modification are here by incorporated by ref ere nce as they exis t on J uly 2, 2007.

252:100-8- 56. Act uals PAL The require ments in 40 CFR 51.165(f) reg arding actua ls PAL except for the terminolog y contained in OAC 252:100-8-50.1(b)

, are here by incorporated by ref ere nce as they exis t on J uly 2, 2007.

252:100-8- 57. Severability

81I f any provision of this Part, or the application of such provision to any person or circ umstance,

is held invalid, the rema inder of this Part

, or the application of such provision to persons or circ umstances other

than those as to which it is held invalid, shall not be af fec ted there by

.

P ART 11. VISIBIL ITY P ROTECTIO N STANDARDS

252:100-8- 70. Appli cability This Part applies to an y BA RT-elig ible source (existi ng stationary fac ility as define d in OAC 252:100-8-71) which may rea sonably be anticipated to cause or contribute to visibil ity impairment at any mandatory

Class I Fe dera l are a.

252:100-8- 71. Defini tions The following words and terms when used in this Part shall have the following meaning

, unless the context clea

rly indic at es o t h er wi s e. All terms used in this Part that are not define d in this Su b s e c ti o n s h a ll h a

ve the meaning g iven to them in OAC 252:100-1-3, 252:100-8-1.1

, 2 5 2 :1 0 0

- 8

- 3 1

, or in the Oklahoma

Clean Air Ac t. "BART-eligib le source " means a n exis ting stationar

y fac ility as def ined in this S ection. "Best Available Ret rofit Technology" or "BART" means an emission limit ation based on the degre e of reduc tion achie vable throug h the application of the best sy stem of continuous emission reduc tion f

or eac h pollutant whic h is e mitted by a BA RT-elig ible source

. The emission limitation
must be established on a case -by -ca se basis, taking into consideration the technolog y available

, the
costs of compliance

, the ener g y and non-air quality environmenta l i m p acts of compliance

, any pollution control equipment in use or in exis t en ce at the source , the rema ining useful life of the

source , and the deg ree of i mprovement in visibil ity which may rea sonably be anticipated t o result from the use of such tec hnology

. "Deciview" means a measure ment of visibil ity impairment. A deciview is a haze index derive d from calc ulated light exti nction, such that uniform chang es in h aziness corr espond to uniform incre mental chang es in perc eption acr oss the entire rang e of conditions, from pristine to highly impaired. The deciview haze index is calc ulated based on the following equation (for the purposes of calc ulating deciview

, the atmospheric light exti nction coef ficient must be calc ulated from aer osol

e e x t e x t m ea s u reme nts): Dec iview haze index=10 ln (b /10 Mm ); wher e b =the atmospheric light

! 1 exti nction coef

ficient, e x presse d in inverse meg ameter s (Mm ).

! 1
"Exi sting stationary facili ty" means any of the following stationary source s of air pollutants, including any rec onstructed source , which was not in operation prior to Aug ust 7, 1962, and was in exis tence on Aug ust 7

, 1 977, and has the pot ential t o emit 250 TPY or m ore of any air poll utant. I n deter mining potential to emit, fug itive emissions, t o the extent quantifiable, must be counted. (A) Fossil-fue l fired stea m electr ic plants of more than 250 million Btu/hr input, (B ) Coal clea

ning pla nts (thermal dry ers)

, (C) Kra ft pulp mill s, (D) Portland ceme nt plants, (E) Primary

zinc smelters, (F ) I ron and stee l mill plants, (G) Primary

aluminum ore re duction plants, (H) Primary

copper smelters, (I ) Municipal incinerators capa ble of c harg ing mor e than 250 tons of r efuse per da y , (J) Hy drofluoric , sulfuric, a nd nitric ac id plants, (K) Petroleum ref

ineries, (L ) L ime plants, (M) Phosphate rock pr ocessing plants, (N) Coke oven ba tteries, (O) Sulfur rec overy

plants, (P) Carbon blac k plants (furna ce pr ocess)

, (Q) Primary

lead smelter s, (R) Fue l conver sion plants, (S) Sintering pla

nts,

82(T) Secondar y metal produc tion facilities, (U) Chemical proc ess plants, (V) Fossil-fue l boilers of more tha n 250 milli on Btu pe r hour he at input, (W) Petroleum storag e and transfe r fac iliti es with a capa city exceeding 300,000 barr els, (X) Tac onite ore pr ocessing fac iliti es, (Y) Glass fiber

proce ssing plants, a

nd (Z ) Charcoa l production fac iliti es "In existence " means that the owner or operator has obtained all nece ssary prec onstr u ct ion

approva ls or permits require d by the Depa rtment and EPA and e ither has: (A) beg un, or cause d to beg in, a continuous prog ram of phy sical on-site construction of the fa cility ; or (B ) enter ed into binding a g r e e me nts or contra ctual obliga tions which cannot be canc elled

or modified without substantial loss to the owner or opera tor to underta ke a p ro gram of construction of the fac ility to be completed in a

rea sonable time. "In operation" means eng ag ed in activity rela ted to the primary desig n function of the source

. "In tegr al vista" means a view perce ived from within the manda tory Class I Fe dera l are a of a specific landmark or panora ma located outside the boundary of the mandatory Class I Fe dera l are a. "Mand atory C lass I Fe deral are a" means a ny are a identified in 40 CFR pa rt 81, subpart D. "Pot ential to em it" means the maxi mum capa city of a s t at ionary source to emit a pollutant under its phy sical and opera tional desig n. Any phy sical or operational limit ation on the capa city of the source to emit a pollutant including air pollution control equipment and restric tions on hours of
opera tion or on the ty

pe or amount of materia l c ombusted, stored, or pr ocesse d, shall be treated as part of its desig n if the limit ation or the eff ect it would have on emissions is fede rally enfor cea ble. Secondar y emissions do not count in determining the pote ntial to emit of a stationary source

. "Reasonabl y attr ibu table" means attributable by visual observa tion or any other technique the Depa rtment dee ms appropria te. "S econdary em iss i o n s " m eans emissions which occur as a result of the construction or opera tion of a B ART-elig ible source but do not come from the B ART-elig ible source . Secondar y emissions may include, but are not limit ed to, emissions from ships or trains coming to or from the BA RT-elig ible source

. "Visib ility in any m andatory Class I F ederal area" includes any integ ral vista associate d with that are a.

252:100:8- 72. Incorporation by refere nce Appendix Y, Guidelines for BA RT Deter minations Under the Reg ional Haze Rule, of 40 CFR 51 is hereby

incorpora

ted by ref ere nce a s it ex ists J uly

6, 2005.

252:100-8- 73. BART app licabili ty (a) Eac h BA RT-elig ible source that emits any air pollutant which may rea sonably be anticipated to

ca u se or contribute to visibil ity impairment in any mandatory Class I Fe dera l are a is subject t o BA RT. This shall be determined usi ng the criteria in Se ct i o n I I I o f Appendix Y of 40 CFR 51 in eff ect on J uly 6, 2005. Thresholds for visibil ity 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 m o re i s co n s idere d to cause visibil ity impairment. (2) A source that cause s an impact g reater than 0.5 deciview s contributes t o v i sibili ty impairment. (b) Air pollutants emitted by source s in Oklahoma which may rea sonably be anticipated to cause or

X 2 contribute to visibil ity impairment in any mandatory Class I Fe dera l are a are NO

, SO

, PM-10, and PM-2.5. (c) The owner or opera

tor of a BA RT-el i gi b l e s o u rc e may reque st and obtain a waiver from the Depa rtment that a B ART deter mination is not require d:

2 X (1) for SO or for NO if the BART-elig ible source has t he potential to emit less than 40 TPY of such pollutant(s),

83(2) for PM -10 i f t he BART-elig ible source has t h e p o t en tial to emit less than 15 TPY of such

pollutant, or (3) if the owner or o p erator of the BA RT–eligible source demonstrates by modeling, in

acc ordanc e with a protocol approve d by the Direc tor, that a source does not emit any air pollutant which may rea sonably be an t i ci p ated to cause or contribute to visibil ity impairment in any mandatory

Class I Fe dera l are a.

252:100-8- 74. Exem ption f rom BART requirem ents (a) The owne r or operator of any BA RT-elig ible source subject to the re quirements of this Part to install, operate, and maintain BA RT may apply to the Administrator for exemption from that require ment. (b) Should the owner or opera tor of a BA RT-elig ible source wish to apply for exemption as provided fo r in 40 CFR 51.303, such application must be acc ompanied by a written concur renc e fr o m t h e Direc tor.

252:100-8- 75. Visibi lity standards f or existing stationary facilities (a) The owner or opera

tor of a BA RT-elig ible source that emits any air poll utant which causes or contributes to visibil ity impairment in any mandatory Class I Fe dera l are a shall establish emissions limit ations by

the applica tion of BART. (1) The deter

mination of BA RT must be based on an analy sis of the best sy stem of continuous emission control technolog y available and associate d emission reduc tion achie vable for eac h BA RT-elig ible source that is subject to BART. (2) After the level of control that repr esents BA RT is deter mined, an emission limit repr esenting this level of control must be esta blished. (3) BA RT may be established as d esi g n, equipment, work prac tice, or other operational standards or combination there of, when limit ations on measu r e me n t te c h n o lo g ie s ma

ke emission standards infea sible, if such application achie ves equivalent results. Such standard, to the deg ree possible, shall set forth the emission reduc tion to be achie ved and must provide for compliance by means whic h achie ve equiva lent results. (b) The deter

mination of BA RT shall be made pursuant to the g uidelines in Appendix Y of 40 CFR 51 in effe ct on J uly

6, 2005. (c) The owne r or ope rator of a B ART-elig ible source shall submit to the Dire ctor by Dec ember

1, 2006: (1) an application for a wa iver pursua nt to OAC 252:100-8-73, or (2) an application for an e x emption pursuant to OAC 252:100-8-74. (d) A BA RT-elig ible 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 submi t t o the Director a BA RT deter mination by Marc h 30, 2007. (e) The owner or opera tor of eac h BA RT-elig ible source subject to BA RT shall install and operate BA RT no later than f

ive y ear s after

EPA approve s the Oklahoma Reg ional Haze SI P. (f) The owner or opera tor o f ea ch source subject to BA RT shall maintain the control equipment require d by this Part and establish proce dures to ensure such equipment is proper ly and continuously

opera ted and maintaine d. (g ) The owner or opera tor of any BA RT-elig ible source that might cause or contribute to visibility impairment in a

ny mandatory Class I Fe dera l a rea must provide a BA RT analy sis at such times, as deter mined by the Administrator, as new technolog y for control of the pollutant become s rea sonably available if: (1) the pollutant is emitt ed by that BA RT-elig ible source ; (2) controls repr esenting BA RT for the pollutant have not previously been r equire d under this Part; and (3) the visibil ity impairment in any mandatory Class I Fe dera l are a is rea sonably attributable to the emissions of that pollutant.

252:100-8- 76. P erm it re qui rem ents

84The BA RT require ments for any BA R T -elig ible source that is subject to BA RT shall be

submitt ed to the Direc tor in an application for a permit modification pursuant to OAC 252:100-8-7.2 no later tha

n Marc h 30, 2007.

252:100-8- 77. Cap and /or tr ade program Nothing in this rule prec ludes the establishment of a cap and/or trade prog ram that will achie ve g rea ter rea sonable prog ress than would be achie ved throug h the installation and operation of BA RT.

252:100-8- 78. Modeling All modeling r equire d by this Part shall be performe d in acc ordanc e with a protocol approved by the Dire ctor.

SUBCHAPTER 9. EXCESS E MISSION REPORTINGREQUIREMENTS

Section 252:100-9-1. Purpose 252:100-9-1.1. Applicability 252:100-9-2. Def

initions 252:100-9-3. Gene ral re porting require ments [R EVOKED ] 252:100-9-3.1. E xc e s s e mission repor tin g r e q u ir e me n ts [A M EN D E D A N D RE N U M B E RE D T O 252:100-9-7] 252:100-9-3.2 [R ESERVED] 252:100-9-3.3. Demonstration of cause [AMENDED AND RENUMBE RED TO 252:100-9-8] 252:100-9-4. Maintenanc e proc edure s [R EVOKED ] 252:100-9-5. Malfunctions and r elea ses [REVOKED] 252:100-9-6. Ex cesse s resulting from eng ineer ing limitations [ REVOKED] 252:100-9-7. Ex cess e mission reporting r equire ments 252:100-9-8. Affir

mative def

enses

252:100-9- 1. P urpose Th i s Subchapter sets forth require ments for the repor ting of excess emissions and establishes aff irmative def

ense pr ovisions for fac ility owner s and oper ators for excess emissions.

252:100-9- 1.1. Appli cability This subchapte r applies to the owner s and operators of air contaminant source s that are subject
to emission limit ations in OAC 252:100, an enfor cea ble permit, an administrative order or a judicial order

.

252:100-9- 2. Defini tions The following words and terms, when used in this subchapte r, shall have the following meaning

, unless the context clear ly indicates other

wise: "Byp ass" means intentionally avoiding the use of a ir pollution control equipment. "Excess em ission s" means the emission of reg ulated air p o l l u t an t s or opacity in excess of an applicable limit ation or require ment as specifie d i n the applicable rule(s)

, enfor cea ble permit, administrative or judicial order

. This term does not include fug itive VOC emissions cover ed by an exis ting lea

k detec tion and repa ir prog ram that is re quired by a fe dera l or state re g ulation. "Excess em ission episode" means a continuous period of excess emissions occur ring from one emission unit. "Excess em ission event" means the period of time during which excess emissions occur red, either continuously or intermittently

, as a result of the same primary cause

. An excess emission event may

include one or

more e x cess e mission episodes. "Pr im ary cause" means the fundame ntal aspec t of the ca use that can logic ally be identified. I n the event of a series of cause s, one leading to another

, the fundame ntal cause is the primary cause

.

85"Workin g day" means 8:00 a.m. to 4:30 p.m. eac h day excep t S at u rd ay , Sunday

, or a leg al

holiday for state employ ees a s proclaimed by the Gover

nor.

252:100-9- 3. Ge neral re porting requirem ents [REVOK ED]

Agency Not e: Amended a nd moved to 252:100-9-3.1 and 100- 9-3.3.

252:100-9- 3.1. Ex c e s s e m is s io n r e po r t in g r e qu ir e m e nt s [ A M EN D ED AND RE N U M BE R ED TO 252:100-9-7]

252:100-9- 3.2. [RESERVED]

252:100-9- 3.3. Dem onstration of cause [AM ENDED AND RENUMBERED TO

252:100-9- 8]

252:100-9- 4. Maintenance proc edures [REVOK ED]

Agency Not e: Amended a nd moved to 100-9-3.3.

252:100-9- 5. Malfu nctions and rele ases [REVOK ED]

Agency Not e: Amended a nd moved to 100-9-3.3.

252:100-9- 6. Excesses r esulting f rom engineering lim itations [REVOKED]

Agency Not e: Amended a nd moved to 100-9-3.3.

252:100-9- 7. Excess em ission report ing requirem ents (a) Im m ediate notice

. Ex cept a s provided in OAC 252:100-9-7( a)( 1), the owne r or ope rator of a

source of excess emissions shall notify the Direc tor as soon as possible but no later than 4:30 p.m. the following working day of the first occur renc e of excess emissions in eac h excess emission event. Notification may be made by telephone (1-877- 277-6236), b y e ma il ( e xc e s s e mi s s io n s@deq.ok.g ov), by web (http://www.deq.state.ok.us/excessemissions) or by other method as approve d in writing by the Dire ctor prior

to the excess emission event. (1) I mmediate notifica tion shall not be require d for: (A) excess emission events with a primary cause of startup or s h u t d o wn as define d in OAC 252:100-1-3; or (B ) excess emissions that do not exceed ten perc ent (10%) opacity above the applicable opacity limit or standar d; or (C) excess emissions that do not exceed ten perc ent (10%) of the applicable non-opac ity emission limit or standard and are less than two hundre d (2 00) pounds of the rele vant
reg ulated pollutant during any twenty -four

(24) hour period. (2) I n any event, no excess emission shall b e ex empt from the immediate notification require ments of OAC 252:100-9-7( a), if the emission is: (A) in excess of a limit of a hazardous air pollutant as define d in OAC 252:100-7-1.1 or a toxi c air contaminant as listed in Appendix O of this Chapter; or (B ) in excess of a limit of a criteria pollutant or ozone precur sor emitted from a source located in a

n are a desig nated a s nonattainment for the rele vant cr iteria pollutant. (3) Any require d immediate notice sha ll include: (A) the company

name, (B ) the fa cility

name, (C) the eve nt date, (D) the eve nt start time, (E) the emission unit, (F ) the primary

cause , if known, and

86(G) the opac ity and/or pollutant(s) e mitted. (4) I f an immediate notice is submitt ed and the owner or operator discovers that no exc es s emission has occur

red, the owner or operator shall retra ct the immediate notice in writing within thirty (30) da y s of submission of the immediate notice. (b) E x ce s s emi s s i on event report

. No later than thirty (30) cale ndar day s afte r the start of any

excess emission event, the owner or operator o f an air contaminant source from which excess emissions have occur

red shall submit a repor

t for eac h excess emission event descr ibing the extent of the event and the actions taken by the owner or operator of the fac ility in response to this event. After rec eiving a wr i t t en reque st prior to the thirty (30) day deadline, the Direc tor may g rant an extension. The report sha ll include: (1) The da te and star

t time of eac h excess emission event. (2) The star

t time and duration of e ach e x cess e mission episode in the ex cess e mission event. (3) The common name and the permit established identifier( s) from which the excess emissions

occur red. (4) The applicable authorized emission limit s, rela ted t o the air contaminant sourc es involved in the event, including : (A) any

applicable permit number( s) and c ondition(s); and/or (B ) any

applicable rule, a dminist rative or der pr ovision, or judicial order pr ovision. (5) The amount by which the total emissions exceede d the applicable limit ation or require ment, expressed in units of the applicable limit ation or require ment, including the data and calc ulations used to compute the mag nitude of said event. I nclude the t o t al mass of any quantifiable air contaminants rele ased in excess of the applicable limit ation or require ment. Good prac tice and methods must be used to provide re asonably acc urate repr esenta tions for excess emissions. (6) The primar

y cause of the e vent, including the re ason for any rele vant startup or shutdown. (7) The immediate action taken to addre ss the excess emission event and the corr ective action(s) taken to addre ss the primary cause of the excess emission event. I f n o co rr ective actions are taken, the r eport shall include a detailed e x planation for tha t conclusion. (8) The c orre ctive ac tion(s) taken to a ddress a reoc curr ence of the e x cess e mission event. (9) Any additional information that may be re quested by

the Division. (c) Ongoin g events. I f an excess emission e vent is ong oing at the time the excess emission event
repor t require d by OAC 252:100-9-7(b) is subm i tted, the owner or operator shall submit a final

excess emission event repor t within thirty (30) cale ndar day s afte r the end of the ong oing event. I f

an excess emission event is ong oing for one or more cale ndar quarte rs, the owner or operator shall file updated exc es s em i s s ion event repor ts within thirty (30) cale ndar day s afte r the end of eac h cale ndar quarte r until the event has ended. The updated repor ts shall be clea

rly identified as updated

repor ts. (d) Al te rn a ti v e reporting. Owner s or operators of air contaminant source s subject t o the ex cess emission repor

ting require ments of OAC 252:100-9-7(b) and the repor ting require ments of 40 CFR Parts 60, 61 and 63 may submit a wr i t ten request to the Director for a case-by -ca se determination allowing alterna tive repor ting. The written reque st shall include an alternative repor ting plan a

nd explain the extent to which the fede ral re porting require ments duplicate the require ments of this subchapte r. A written deter mination on an alternative repor ting reque st shall be made within ninety (90) day s afte r such reque st is rec eived by t h e Di re ct o r. I f no deter mination is made within the ninety (90) day period, the owner or operator making such reque st may operate under the proposed alterna tive repor

ting plan until the Dire ctor issues a de termination. (e) Cer tificate of tr uth, ac curacy and com pleteness required. Any repor t f iled pursuant to this subchapte r shall contain a cer tification of truth, acc urac y and completene ss. This cer tification shall include an orig inal signature by a res p o n s i ble officia l or desig nee and shall contain the following lang uag e: "I cer

tify

, based on information and belief formed afte r rea sonable inquiry

, the statements and informa tion in thi s document ar e true , acc urate and complete ."

252:100-9- 8. Aff

irm ative defenses (a) Ge neral. All periods of excess emissions reg ardle ss of cause are violations of the Act and rules promulg ated there under, the Oklahoma Clean Air Act and rules promu l gat ed t here under, and applicable permit or other authorization of the DEQ. An aff irmative defe nse is provided to owner s

87and opera tors for civil o r ad m i n i s t rative penalty actions for excess emissions during periods of

startup, shutdown and malfunc tion. (b) Aff irm ative defenses for exce ss em ission s durin g m alf unctions. To establish the aff irmative defe nse and to be relieve d of a civil or administrative penalty in any action to enfor ce an applicable require ment, the owner or opera tor of the fac ility must meet the require ments of OAC 252:100-9-7 and esta blish by a pre pondera

nce of the evidenc e: (1) The e x cess emissions we re cause d by a sudden and not rea sonably preve ntable bre akdown of air pollution control equipment or proce ss equipment, or the failure of a proce ss to operate in the normal or usua l manner. (2) The excess emissions did not stem from any activity or event that could have been planned for or rea sonably

fore seen a

nd avoided. (3) Repairs we re ma de as e x peditiously as possible. (4) The amount and duration of the excess emissions, including any by pass, wer e minimi zed to the extent practica

ble duringperiods of suc h emissions. (5) Reasonable steps wer e taken to minimi ze the impact of the excess emissions on ambient air quality

. (6) The re ason(s) a

ny monitoring sy stems were not kept in opera tion, if applicable. (7) The owner or opera tor' s actions during the period of excess emissions wer e documented by contempora

neous oper ating logs or

other re levant evide nce. (8) The excess emissions wer e not part of a rec urring pattern indicative of inadequa te desig n, opera tion or maintenanc e. (9) To the ma

xim u m e xte n t p r a c ti c a

b le

, the air pollution control equipment or proce ss equipment

was maintain ed an d o perated in a manner consistent with g ood prac tice for minimi zing emissions; provided, howeve r, that this provision shall not be construed to automatically require the shutdown of proc ess equipment to minimiz e emissions. (c) Aff irm ative d efenses for exce ss em ission s durin g start up and shu tdow n. To establish the aff irmative defe nse and to be relieve d of a civil or administrative penalty in any action to enfor ce an applicable require ment, the owner or operator of the fac ility must meet the requi re m en t s of OAC 252:100-9-7 and e stablish by a pre pondera

nce of the evidenc e: (1) The periods of excess emissions that occur red during startup and shutdown wer e short and infreque nt and could not have been pr evente d throug h rea sonable planning and desig n. (2) The excess emissions wer e not part of a rec urring pattern indicative of inadequa te operation or maintena

nce. (3) I f the excess emissions wer e cause d by a by pass, the by

pass was unavoidable to preve nt loss of life, pe rsonal injury

or seve re pr operty

damag e. (4) The freque ncy and duration of operation in st artup and shut down periods wer e mi nimiz ed to the extent practica

ble. (5) Reasonable steps wer e taken to minimi ze the i m p ac t o f ex cess emissions on ambient air quality

. (6) The re ason(s) a

ny monitoring sy stems were not kept in opera tion, if applicable. (7) The owner or opera tor' s actions during the period of excess emissions wer e documented by contempora

neous oper ating logs or

other re levant evide nce. (8) The fac ility was opera ted in a manner consistent with g ood prac tice for minimi zing emissions; provided, howeve r, that this provision shall not be construed to require t h e use or installation of additional or redunda nt polluti on control equipment not otherwise require d and that this p rovi sion shall not be construed to automatically require the shutdown of proce ss equipment to minimi ze emissions. (d) Aff irm ative defenses prohib ited. The aff irmative defe nse provisions of this section shall not be ava ilable for: (1) Claims for injunctive relief

. (2) SI P limit s or permit limit s that have been set taking into acc ount potential emissions during startup and shutdown, including, but not limit ed to, limit s that indicate they apply during startup and shutdown, and limits that ex plicitly indicate they

apply at all times or without exception. (3) Ex cess e missions that cause an excee dance of the NA AQS or PSD increments.

88(4) Fa ilure to meet fede rally promulg ated emission limit s, including, but not limit ed to, 40 CFR

Parts 60, 61 and 63. (5) Violations of require ments that derive f rom 40 CFR Parts 60, 61 and 63. (e) Aff irm ativ e de fense deter m ination

. I n making any deter mination whether a source established

an aff irmative defe nse, the Direc tor shall consider the information within the notification require d in OAC 252:100-9-7 and a ny other information the Director dee ms nece ssary and re levant, which
may include, but is not limit ed to, phy sical inspection of the fac ility and re view of documentation perta ining to the maintenanc e and operation of emission units and air pollution control equipment. This section should not be construed a s limi ting EPA or c itiz ens' authority under the Act.

SUBCHAPTER 11. ALTERNATIVE EMISS IONS REDUCTION PLANS AND AUTHORIZATIONS

Section 252:100-11-1. Purpose 252:100-11-2. Def

initions 252:100-11-3. Applicability 252:100-11-4. Application for a lternative e missions reduc tion plan authorizations 252:100-11-5. Emissions reduction require ments and limitations 252:100-11-6. Authorization procedur es 252:100-11-7. Duty

to comply

252:100-11- 1. P urpose The purpose of this Subchapter is to provide fac iliti es loca t ed wi t h in the state an alterna tive means for reduc ing the total burden of r eg ulated air pollutants release d into the atmosphere.

252:100-11- 2. Defini tions The following words and terms, when used in this Subchapter

, shall have the following meaning

, unless the context clear ly indicates other

wise. "Actual em ission s" for purposes of this Subchapter

, means the lowest emission rate in tons per y ear at which the fac ility actua lly emitted a specific pollutant during the three -y ear peri o d immediately prec eding the date of the alternative emissions reduc tion plan. The DEQ may allow the

use of a differ ent time period upon a deter mination that it is more repr esenta tive of normal

opera tions. "Af fected em ission poin t" for purposes of this Subchapter

, means an emission point that will underg o an emissions reduc tion or emissions increase in an alter native emissions reduc tion plan. "Af fected pollu tant" for purposes of this Subchapter

, means any reg ulated air pollutant that is reduc ed or inc rea sed as a result of the implementa tion of an alter native emissions reduc tion plan. "Net em ission s reduction" means the amount by which emissions fr o m a fa ci lity will be reduc ed in an alterna tive emissions reduc tion plan. Net emissions reduc tion sha ll be calc ulated by subtracting the emis sions of a specific pollutant allowed under an alternative emiss i o n s reduc tion plan from the fac ility ' s actua l emissions, potential emiss i o n s , t h e emissions allowed under the

opera ting pe rmit, or the emissions allowed by rule, whic hever

is least. "Pot ential em ission s" for pur poses of this Subchapter , means the le vel of e missions a sourc e emits when oper ating at m axim um capa city considering enfor cea

ble re ductions from air pollution controls and other enfor cea ble restric tions such as hours of operation, ty pes of raw materia l or fuel,
etc.

252:100-11- 3. Appli cability The proce dures d et ai l ed in this Subchapter shall be available to all air contaminant source s located within the state except those p re cl u ded by fede ral law or fede ral reg ulation (e.g

., PSD, NESHAP, or NSPS) provided: (1) the fa cility

is either in compliance with all applicable sta te air pollution control rules, or (2) if the fac ility is not in compliance with any em ission limit or standard, the petition filed pursuant to the provisions of this Subchapter constitutes a commitment to achie ve a net

89em i s s i o ns reduc tion from the fac ility as a whole that is equal to or gre ater than t he amount b y

which the e mission l imit or standard is exceede d.

252:100-11- 4. Appli cation for alternative e m ission s reduction plan authorizations (a) F ilin g. A fac ility seeking to ope rate under an alternative emissions re duction plan (re fer red to as the plan) shall submit an application for a uthorization t o the DEQ. (b) Content. An alterna tive emissions reduc tion plan application shall include, but shall not be limit ed to: (1) identification of the a pplicant fa cility

by name a nd location; (2) the name, addre ss, and tel ep h o n e/ fa x numbers of the owner or operator of the applicant fac ility ; (3) the permit number under which eac h aff ecte d emission point is prese ntly operating or, if the aff ecte d emission point i s g randf ather ed fr om permit require ments, the date e missions of ea ch aff ecte d pollutant from eac h aff ecte d emission point commenced; (4) a narr ative of the proposed plan including a descr iption of the means and methods to achie ve the proposed a lternative r eductions; (5) the specific require ment for which an exemption is bei ng reque sted and why that require ment
cannot or is not being me t; (6) a plot plan of all the emission points at the facility identify ing the aff

ecte d emission points within the fac ility and all aff ecte d pollutants emitted from eac h emission point, clea rly marking the measur ed distance betwee n eac h aff ecte d emission point, showing the stack heig ht of ea ch emission point or proposed emission point, showing the location of exis ting air pollution control equipment and the particul ar em i s sion points controlled by this equipment, and showing the proposed location of any

new c ontrol equipment to be adde d as a r esult of the implementation of the alternative emissions reduc tion plan and the emission points to be controlled by this new equipment; (7) the ac tual emission levels of all af fec ted pollutants from ea ch emission point; (8) estimated levels of any aff ecte d pollutant to be emitted should the authorization be issued including estimates of the leve ls of aff ecte d pollutants to be emitted from each emission point considere d and control strateg ies and/or equipment that will be implemented to control emission levels; (9) identification of a ll affe cted pollutants ac cording to individual chemical compone nts; (10) as applicable

, identifica tion of particula

te matter acc ording to both chemica l components and par ticle size; (11) m o d eli ng /monitoring data substantiating the curr ent ambient levels of all aff ecte d pollutants, and if require d, modeling demonstrating that the plan will not cause or contribute to a violation of the NA AQS; (12) the method utiliz ed in ca lculating the projec ted emissions levels; (13) if the applicant fac ility is out of compliance with any emis s i o n s t an dard or limit

, a compliance plan which includes dates and milestones for implementation of the elements of the alterna tive emissions reduction plan; (14) the net emission reduc tion as defined in OA C 252:100-11-2, and; (15) any

other infor

mation require d by

the applica tion form. (c) Multiple facili ties. I f t he application includ es m o re t h an one fac ility under the control of the applicant, located on contig uous or adjac ent proper ty

, and aff ecting the same airshed, in addition to the information require d in OAC 252:100-11-4(b)

, the application shall include a plot plan showing the phy sical rela t ionship of the fac iliti es with the measure d distance betwee n the fac iliti es clea rly marke d.

252:100-11- 5. Em ission s reduction plan requirem ents and li m itations (a) Requirem ents. (1) An acc eptable alterna

tive emissions reduc tion plan must result in a net emissions reduc tion, that is, a reduc tion in the fac ility ' s actua l e missions of all reg ulated air pollutants for which the plan is proposed. (This does not include air pollutants that are i n cr ea s ed due to control equipment or strateg y .) This means that a fac ility must reduc e emissions of these reg ulated air

90pollutants by an amount that bring s the air burden to a level less than it would be if the fac ility

wer e in compliance . The e x act a mount of the net emissions reduc tion will be set on a ca se by

case basis, taking into acc ount the statu s o f th e a r e a , to pog raphy

, wea

ther conditions, surrounding business/residential fa ctors, etc . The plan must conf orm to the following require ments. (A) A net emissions reduc tion as define d in OAC 252:100-11-2 must be shown as a result of the c ontrol strateg ies proposed in the a pplication. (B ) Fa cility -wide incre ases in any reg ulated air poll u t an t s t hat result from the implementation of the plan shall comply with limit s, standards, and require ments applicable to the emission points involved. (C) The plan shall not cause or contribute to a violation of the NAAQS for any reg ulated air pollutant. (D) The p l an shall contain enfor cea ble methods of measure ment, monitoring, and

repor ting. (E) Plans involving P art 70 source s l o cated in Nonattainment Areas, in addition to the require ment in O AC 252:100-11-5(a )(1) (A), (B ), (C), and (D) must include a commitment
to install, maintain, and opera te RACT, as define d by applicable rules, or other control

measure s that would achie ve equiva lent reduc tions. (2) Mul t i p l e faciliti es under the control of t he same owner or operator may be included in the plan i f t he facilities are located on contig uous or adj ac en t p roperty and the emissions from all the fac iliti es involved aff

ect the same airshed. I n addition to the require ments of OAC 252:100- 11-5(a )(1)

, the owner or opera tor must demonstrate by air quality modeling that the incre ases and decr ease s in fac ility emissions wi l l not adver sely aff ect air quality in the area impacted by the aff ecte d emission points and that the plan will resu l t i n t h e s ame or better air quality level

overa ll. (b) Limit ation. The following limit ations shall apply to all alternative emissions re duction plans: (1) Net emissions reduc tion trade -off s will not be authorized acr oss established p o l l u t ant
cate g ories; e.g ., sulfur emissions may not be trade d for hy droca rbon emissions. (2) Net emissions reduc tion trade -off s of particula te matter will be authorized only if the trade

o ff results in a net reduc tion in particula te matter of equal or smaller aver ag e aero d y n am i c diameter

.

252:100-11- 6. Authorization procedures (a) Det erm ination

. Wit hin 30 day s afte r rec eipt of all information re q u i re d to acc omplish the analy sis of an application for an alternative emissions reduc tion plan, the DEQ will make a deter mination whether the plan should be authorized, authorized with conditions or not authorized. (b) P etition for rec om m endation to revise SIP , pub lic notice, and Coun cil hearing. (1) Upon a deter

mination to authorize but prior to authorization, the applicant shall file a petition with the DEQ seeking a hear ing and rec ommendation by the Air Quality Council for a

corr esponding revision to the SI P. (2) The applicant shall notify the public of the public hear ing for an altern at i v e emi ssions reduc tion plan by

methods contained in OA C 252:4-7-13. (3) The public notice, as s p ec i fi ed, will be sufficie nt to notify all sub-state entities and their

repr esenta tives of the propose d rec ommendation for SI P revision. (4) At such a hear ing befor e the Air Quality Council, the applicant shall bear the burden of proof. (c) Major source. I n the case of a major source , as define d by the Fe dera l Clean Air Act, that might impact the air quality of a neig hboring State, the comment period for that State is e x tended to a 60 day period a s require d by

Section 126 of the F eder al Clean Air A ct, 42 U.S.C. Section 7426. (d) P lan au thorization. Following rec eipt of the Air Qua lity Council's r ecommende d revision of the SI P, the DEQ shall issue the plan a uthorization.

252:100-11- 7. Duty to com ply (a) Upon issuance of the authorization for the alternative emissions reduc tion plan by the DEQ, the

owner or oper ator shall be bound by the terms and c onditions t here in. (b) Any owner or operator who violates the terms or conditions in the authorized plan shall be subject to enfor ceme nt under the O klahoma Clean A ir Act.

91SUBCHAPTER 13. OP EN BURNING

Section 252:100-13-1. Purpose 252:100-13-2. Def

initions 252:100-13-3. Scope [REVOKED] 252:100-13-4. Effe ctive date [R EVOKED ] 252:100-13-5. Open bur

ning pr ohibited 252:100-13-6. Salvag e oper ations utili zing open bur ning pr ohibited [ REVOKED] 252:100-13-7. Allowed open bur ning 252:100-13-8. [R ESERVED] 252:100-13-9. Gene ral c onditions and require ments for a llowed open bur ning 252:100-13-10. Disaster r elief 252:100-13-11. Responsibili ty for c onsequenc es of ope n burning

252:100-13- 1. P urpose The purpose of this Subchapter is to control the open burning of ref use and other combustibl e materia ls.

252:100-13- 2. Defini tions The following words and terms, when used in this Subchapter

, shall have the following meaning

, unless the context clear ly indicates other

wise: "Com bus tible m ater ials" means any substance which will rea dily burn and shall include those substances which, althoug h g ener ally considere d incombustible, are or may be included in the mass of the mate rial burne d or to be burne d. "Dom estic refuse " me a

n s c o mbustibl e materia ls or ref use that normally result from the function of life at a residence, s u ch as kitchen g arba g e, untrea ted lumber, car dboard box es, packa g ing, clothing, g rass, leave s, and branc h trimmings. I t does n o t i n cl u d e such things as tires, non-wood construction debr is, furniture, c arpe t, electr ical wire , and applianc es. "Fire training" means a fire purposel y s et as part of an org anized prog ram of drills for the training of firef

ighting personne l or for testing firef ighting materia ls or equipment, which is part of

a re cog nized training pr og ram. "Hu m an-m ade struct ure" means any structure constructe d with the intent of providing shelter
to persons or proper

ty

. I t d o es not include structure s constructe d specific ally for live-burn fire training purposes. "Lan d clearing operation" m ea n s t h e u p ro o t i n g, c u t t i n g , o r c l e a r i n g o f v ege t at i o n i n prepa ration for th e co n struction of buildings, the development of residential, commerc ial,
ag ricultural, or industrial proper ties, and for the construction and maintenanc e of rig ht-of-w ay s. I t does not inc lude the clea

ring of veg etation such as trimmings, fallen limbs, bra nches, or leave s, or other wa stes from routine pr operty maintenanc e ac tiviti es. "Op en burni ng" means the burning of combustible materia ls in such a manner that the products of combustion are emitted direc tly to the outside atmosphere

. "Op en-pit incinerator" m ea n s a device consisting of a pit (into which the materia l to be combusted is place d) and nozz les, pipes, and other appurte nance s desig ned and arr ang ed in a manner to deliver additional air and/or auxil iary fuel to, or near , the zone of combustion so that theore tically complete c ombustion i s acc omplished or approa ched. "Pr oducts of com bus tion" means all particula te and g aseous air contaminant s em itted as a result of the bur

ning of ref use and c ombustibl e mater ials. "Refu se" means g arba g e, rubbish, domestic ref use and all other wastes g ener at ed b y a trade

, business, industry , building oper ation, or household. "Yar d brush " means cut or broken branc hes, leave s, limbs, shrubber y , or tree trimmings. I t does not include re fuse, g rass c lippings, in-g round tree stumps, or any non-veg etative mate rial.

252:100-13- 3. Scope [REVOK ED]

92252:100-13- 4. Ef fective date [REVOK

ED]

252:100-13- 5. Open b urnin g prohib ited T h e open burning of ref

use and combustible materia ls is prohibited unless conducte d i n s t ri ct

acc ordanc e with t h e co n ditions and require ments contained in 252:100-13-7 and 252:100-13-9. Under no circ umstances sha ll the open burning of tires be allowed.

252:100-13- 6. Salvage operations utili zing open b urnin g prohib ited [REVOK ED]

252:100-13- 7. Allow ed open bu rning When not prohibited by law or ordinanc e, the following ty pes of burning are allowed, provided the conditions and re quirements in 252:100-13-9 have bee n met: (1) F ire training. Open burning of human-made structure s for the purpose o f fi re training is allowed as provided for in Oklahoma Clean Air Act, 27A O. S

., § 2-5-106.1. I ndustrial and

commerc ial fac iliti es 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 c annot be a bated by any other mea

ns. (B ) A dang erous or hazardous materia l when there is no other prac tical or lawful method of aba t em ent or disposal if authorization is also rec eived from the DEQ prior to such burning

. (3) Rec reat ional and cer em onial fi res. Open burning is allowed for camp fires and other fires used s o l el y for recr eational purposes, cer emonial occasions, or non-commer cial preparation of food. (4) Land m anagem ent and land clear ing operations. Open burning is allowed for the following land manag ement and la nd clea ring opera

tions. (A) Fire s purposely set to fores t

, crop or rang e lands for a specific rea son in the
manag ement of fore sts, crops or g ame, in accorda nce with prac tices rec ommended by the Oklahoma Depa

rtment of Wil dlife C o n serva tion, the Oklahoma State Depa rtment of Ag riculture, a

nd the United States F orest Servic e. (B ) Fire s purposely set for land clea ring operations if conducte d at least 500 fee t upwind of any occupie d residenc e other than those located on the proper ty on which the burning is conducte d, except that such burning must be conducte d in open-pit incinerators in counties

or ar eas tha t are or have been de signa ted nonattainment. (5) Burni ng of dom estic refuse

. Where no collection an d disposal service is rea sonably available , domestic ref

use may be burne d on the prope rty wher e the wa ste is ge nerated. (6) Hydrocarbon bu rning. Open bur ning of hy droca rbons is allowed for : (A) The dispo s al o f spilled hy droca rbons or the waste products of oil exploration, development, ref

ini n g o r proce ssing operations which cannot be fea sibly rec overe d or otherwise d i s p o s ed o f in a leg al manner

. Notice must be g iven to the DEQ prior to such burning

. (B ) The disposal of waste hy droca rbons throug h a flare

. The owner or opera tor shall be require d to use a smokeless flare if a condition of air pollution is deter mined to exis t by the DEQ. (7) Open-pi t incinerator

. Ex cept f or haz ardous material, any combustible materia l or ref use that is allowed to be burned under this Subchapter may be burned in an open-pit incinerator that is proper ly desig ned and operated for the control of sm oke and particula te m atter. T h e owner

or operator of the open-pit incinera tor shall not acc ept any materia l owned by other persons and shall not transport any materia l to the proper ty wher e the open-pit incinera tor is located in order to burn the mater ial. (8) Yard brush. Yar d brush may be burne d on the prope rty wher e the wa ste is ge nerated.

252:100-13- 8. [RESERVED]

93252:100-13- 9. Ge neral conditions an d requirem ents for allow ed open bu rning

T h e o p en burning of ref use and other combustible materia l may be conducte d only if t h e following conditions and requir ements ar e met: (1) No public nuisance is or will be cre ated. (2) The burning is controlled so that a visibil ity hazard is not cre ated on any roadw ay , rail trac k or air f ield as a r esult of the air

contaminants being emitted. (3) The b u rni ng is conducte d so that the contaminants do not adver sely aff ect the ambient air quality of a c ity

or town. (4) The initial burning shall beg in only betwee n three hours afte r sunrise and three hours befor e sunset and additional fuel shall not be intentionally added to the fire at times outside these limit s. This require ment 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 Ex ecutive Direc tor of the DEQ may allow the open burning o f debris resulting from a disaster if the Direc tor deter mines such burning is

nece ssary to protec t public heal t h an d safe ty

. Such approva l, if g rante d, shall be accompanie d by

appropr iate g uidelines for bur ning the debris.

252:100-13- 11. Responsib ility f or consequences of open b urnin g Persons who conduct open burning in acc ordanc e with the provisions of this Subchapter are not exempt or excused from the conseque nces, damag es, or injuries that may result from such conduct,

n o r are they exempt or excused from comply ing with all applicable laws, ordinanc es, rules, an d order s.

SUBCHAPTER 15. MOTOR VEHICLE POLLUTION CONTROL DE VICES [REVOK ED]

Section 252:100-15-1. Purpose 252:100-15-2. Def

initions 252:100-15-3. Scope 252:100-15-4. Prohibiti ons 252:100-15-5. Maintenanc e, re pair or te sting 252:100-15-6. L iquified petroleum g as

252:100-15- 1. P urpose [REVOK ED]

252:100-15- 2. Defini tions [REVOK ED]

252:100-15- 3. Scope [REVOK ED]

252:100-15- 4. P rohibition s [REVOK ED]

252:100-15- 5. Maintenance, r epair, or t esting [REVOK ED]

252:100-15- 6. Liq uif

ied petroleum gas [REVOK ED]

SUBCHAPTER 17. INCINERA TORS

P ART 1. G ENERAL PR OVISIONS

Section 252:100-17-1. Purpose 252:100-17-1.1. Refer ence to 40 CFR

94252:100-17-1.2. Terminolog y rela ted to 40 CFR [R EVOKED ] 252:100-17-1.3. I nciner ators and f uel-burning equipment or units

P ART 3. G ENERAL PU RP OSE INCINERATORS [AMENDED]

252:100-17-2. Applicability 252:100-17-2.1. Ex emptions 252:100-17-2.2. Def

initions 252:100-17-3. Opac ity 252:100-17-4 Particulate ma tter 252:100-17-5. I nciner ator de sign a nd operation requireme nts 252:100-17-5.1. Alterna tive incinerator desig n require ments 252:100-17-6. Allowable e mission of particulates [REVOKED] 252:100-17-7. Test methods

P ART 4. BIOMEDICAL WASTE INCINERATORS

Section 252:100-17-8. Applicability 252:10017-9. Def

initions 252:100-17-10. De sign a

nd opera tion 252:100-17-11. Emission lim its

P ART 5. MUN ICIP AL WASTE COMBUSTORS

252:100-17-14. Effe ctive date ; applicability 252:100-17-14.1. Def

initions 25 2:100- 17-14.2. Terminolog y rela ted to 40 CFR 252:100-17-15. Ex emptions 252:100-17-16. Standards for particula te matter a

nd opacity 252:100-17-17. Standards for municipal waste c ombustor metals 252:100-17-18. Standards for municipal waste c ombustor acid g ases e x presse d as sulfur diox ide and hy drog en chlor ide 252:100-17-19. Standards for municipal waste c ombustor org anics e x presse d as total mass diox ins/furans 252:100-17-20. Standards for nitrog en oxides 252:100-17-21. Standards for municipal waste c ombustor opera ting pr actice s 252:100-17-22. Standards for municipal waste c ombustor fug itive ash emissions 252:100-17-23. Standards for air c urtain inciner ators 252:100-17-24. Standards for municipal waste c ombustor opera tor trainingand ce rtification 252:100-17-25. Compli ance and per formanc e testing 252:100-17-26. Reporting and re cordke eping require ments 252:100-17-27. Compli ance schedule s

P ART 7. HOSPITAL, MEDICAL AND IN F ECTIOUS WASTE I NCINERATORS

252:100-17-40. Effe ctive date ; applicability 252:100-17-41. Def

initions 252:100-17-42. Terminolog y rela ted to 40 CFR 252:100-17-43. Ex emptions 252:100-17-44. Emission l imits 252:100-17-45. Standards for HMI WI operator training and ce rtification 252:100-17-46. Standards for waste ma nag ement plans 252:100-17-47. Compli ance , perf ormanc e testing and monitoring require ments 252:100-17-48. Equipment inspection of small rura l HMI WI 252:100-17-49. Reporting and re cordke eping require ments 95252:100-17-50. Part 70 permits

252:100-17-51. Compli ance schedule s

P ART 9. COMM ERCIAL AND INDU STRIAL S OLID WAST E INCINERATION UNITS

252:100-17-60. Effe ctive date ; applicability 252:100-17-61. Def

initions 252:100-17-62. Terminolog y rela ted to 40 CFR 252:100-17-63. Ex emptions 252:100-17-64. Emission l imits 252:100-17-65. Oper ating limit s 252-100-17- 66. Standards for CI SW Ioperator training and qualific ation require ments. 252:100-17-67. Standards for waste ma nag ement plans 252:100-17-68. Perfor

mance testing 252:100-17-69. I nitial compliance r equire ments 252:100-17-70. Continuous compli ance require ments 252:100-17-71. Monitoring 252:100-17-72. Reporting and re cordke eping require ments 252:100-17-73. Part 70 permits 252:100-17-74. Air cur tain incinerators 252:100-17-75. Compli ance schedule s 252:100-17-76. CI SW I closure

P ART 11. OTHE R SOLID WAST E INCINERATION UNITS

252:100-17-90. Effe ctive date ; applicability 252:100-17-91. Def

initions 252:100-17-92. Terminolog y rela ted to 40 CFR 252:100-17-93. Ex emptions 252:100-17-94. Emission l imits 252:100-17-95. Oper ating limit s 252-100-17- 96. Standards for CI SW Ioperator training and qualific ation require ments 252:100-17-97. Waste manag ement plans 252:100-17-98. Perfor

mance testing 252:100-17-99. I nitial compliance r equire ments 252:100-17-100. Continuous compli ance require ments 252:100-17-101. Monitoring 252:100-17-102. Reporting and re cordke eping require ments 252:100-17-103. Part 70 permits 252:100-17-104. Requirements for temporar y -use incine rators a

nd air c urtain inciner ators used in disaster re cover

y 252:100-17-105. Air cur tain incinerators that burn only wood waste , clea

n lumber, and y ard
waste 252:100-17-106. Compli ance schedule s 252:100-17-107. OSWI closure 252:100-17-108. Equations

P ART 1. G ENERAL PR OVISIONS

252:100-17- 1. P urpose The purpose of this subchapter is to specify

desig n and oper ating require ments, and emission limit ations for incine rators a nd municipal waste c ombustors (MWC ).

252:100-17- 1.1. Refere nce to 40 C F R See OAC 252:100-2.

96252:100-17- 1.2. Term inology related to 40 CF R [REVOK ED]

252:100-17- 1.3. Incinerators and fu el-burnin g equip m ent or units Any incinerator or MWC subject to the require ments of any part of this subchapte r that is used
to g ener ate useful heat ener g y is also considere d fuel-bur ning equipment or a fuel-bur ning unit and is subject to all applicable r equire ments of this chapter

.

P ART 3. G ENERAL PU RP OSE INCINERATORS

252:100-17- 2. Appli cability This part applies to any

new a nd exis ting incine rator not subjec t to 40 CFR Part 60, Subparts E, Ea, Eb, Ec , or EEEE, or Parts 4, 5, 7, 9, or 11 of this subchapte r.

252:100-17- 2.1. Exem ptions Therma l ox idiz ers, f

lare s and any

other a ir pollution control devices a re e x empt from the require ments of this part.

252:100-17- 2.2. Defini tions The following words and te rms when use d in this part and Part 4 of this subchapte r shall have the following meaning unless the context clear ly indicates other

wise: "Capacity" means the ma x imum design c harg ing r ate of ref use in pounds per hour

(lb/hr) a n incinera tor is desig ned to re ceive

. "Par ticulate m atte r" or "total particulate m atte r" means the sum of a ll filterable a nd condensa ble par ticulate matter

emitted to the ambient air a s measure d by applicable ref

ere nce methods, or an e quivalent or a lternative me thod. "Pr im ary com bus tion cham ber" means the initial incinerator cha mber whe re r efuse is char g ed, ig nited, and burne d. "S econdary com bus tion cham ber" means a component of the g ener al purpose inc inera tor that rec eives c ombustion gase s from the primar y combustion chamber

and in which the combustion process is complete d.

252:100-17- 3. Opacity See OAC 252:100-25- 3.

252:100-17- 4. P artic ulate m atte r The e missions of par

ticulate matter

from an inc inera tor subject to the re quirements of this part shall not exceed the applicable allowable pa rticulate ma

tter emission rate c ontained in Appendix A of this chapter. Solid fuels cha rg ed will be conside red pa rt of the r efuse weig ht.

252:100-17- 5. Incinerator design and op erat ion requirem ents An inciner ator subjec t to this part shall be de signe d and built with a primary combustion chambe r that maintains a tempe rature of at lea st 800 F in the pr imary combustion chamber

at all o times when re fuse is being incinerated, and a seconda ry combustion chamber (s) that is adequately

desig ned and ope rate d to combust ga seous and pa rticulate ma tter suspende d in the exhaust ga s stream fr om the primary combustion chamber . The c ombustion device in ea ch combustion chamber

shall be in operation at all times when ref use is being incinerated.

252:100-17- 5.1. Alter native incinerator design re qui rem ents Notwithstanding O AC 252:100-17-5, the Dire ctor may approve an alter

native inciner ator desig n if the owne r or ope rator of the proposed inc inera tor demonstrate s to the satisfaction of the Direc tor that the inciner ator will comply with OAC 252:100-17-4 and a ll other applica ble require ments of this chapter

.

252:100-17- 6. Allow able em ission of p artic ulates [REVOK ED]

97252:100-17- 7. Test m ethods

See OAC 252:100-43.

P ART 4. BIOMEDICAL WASTE INCINERATORS

252:100-17- 8. Appli cability This part applies to any new or exis ting biomedical waste incinerator that is not subject t o the require ments of Part 7 of this subchapte r or is exempted from the require ments of Subpart Ec of 40 CFR Part 60.

252:100-17- 9. Defini tions The following words and terms when used in this part shall have the following meaning unless the context clear ly

indicates other

wise: "Antin eoplastic agents" means drug s used to inhibit and combat t h e d ev elopm ent of neoplasms. "Bi om edical radioactive was te" means low-leve l radioa cti v e wa s t e as define d in 40 CFR 60.51c. "Bi om edical w a s te " m eans medical/infe ctious waste as define d in 40 CFR 60.51c, Chemotherape utic waste a nd biomedical ra dioactive wa ste. "Bi om edical was te incinerat or" means a n incinerator used to burn biomedica l waste. "Chem otherapeutic was te" means waste materia l resu l t i ng from the production or use of antineoplastic a g ents. "Neoplasms" means tumors consisting of an abnorma l prolifer ation of cells. The g rowth of this clone of cells exceeds, and is unc oordinated with, tha t of the normal tissues a round it. Neoplasms
may be benig n, pre- maligna

nt or malig nant.

252:100-17- 10. Design and operation An incinera tor subject to this part shall be desig ned and built with a primary combustion chambe r and seconda

ry combustion chambe r(s) eac h equipped with burner s or other combustion device s that maintain the applicabl e t em p er ature and retention time specifie d in (1) through (3) of this section in both the primary and seconda ry combustion chambe r(s) at all times when biomedical waste is being incinerated. (1) The temperature in the primar y combustion chamber

shall not be less than 1,200 F. o (2) The temperature in the seconda ry combustion chambe r(s) shall not be less than 1,800 F with o a retention time of not less than one (1) secon d when proce ssing biomedical waste containing no chemother apeutic w aste. (3) The temperature in the seconda ry combustion chambe r(s) shall not be less than 2,000 F with o

a rete ntion time of not le ss than two (2) seconds when proce ssing biomedical waste containing chemother apeutic w aste.

252:100-17- 11. Em ission lim its Emissions from any

biomedical wa ste incinerator subject to the re quirements of this part shall
not exceed the limit s specifie d in (1) throug h (3) of this section. Any require d perf ormanc e testing shall be conducte d while the incinera tor is opera ting betwee n 90% and 100% of operating capa city

, or under other repr esenta tive operating conditions specifie d by an applicabl e p ermit or testing method. (1) Hydrochloric acid (HCl). Emissions of HCl s hall not exceed 4.0 lb/hr. (2) P artic ulate m atte r. Emissions of particula te matter shall not exceed 0.08 g r/dscf (g rains per dry standard c ubic foot) c orre cted to12% c arbon dioxide in the emission gas stre am. (3) Carbon m onoxid e (CO). Emissions of CO shall not exceed 100 ppm by volume corr ecte d to standard c onditions i n the emission ga s stream.

P ART 5. MUN ICIP AL WASTE COMBUSTORS

252:100-17- 14. Ef

fective date ; appli cability

98This Part is effe ctive as of Marc h 23, 1997 and applies to lar g e MWC unit s.

252:100-17- 14.1. Defini tions The d ef i n i tions in 40 CFR 60.51b are here by incorporated by ref ere nce as they exis t on November 6, 2006, except for the definition of municipal waste combustor plant. I n addition to the incorpora ted definitions, the following words and terms, when u sed in this Part, shall have the following meaning s, unless the context clearly indicates other

wise: "EPA" means the Administrator of the U.S. EPA or employ ee of the U.S. EPA who is deleg ated to perfor m the specifie d task. "Mun icipal was te com bus tor" or "MWC" means eac h municipal waste combustor unit with

a combustion capa city g reater than 250 tons per day of municipal solid waste for which construction

was c ommenced on or

befor e September

20, 1994. "Mun icipal was te com bus tor plan t" means one or more municipal waste combustor units at the same loc ation. "S em i-susp ension refuse-derive d fu el-fired com bus tor/we t re fu se-der ived fu el process conversion" means a combustion unit that was conver ted from a wet ref

use-de rived fuel proce ss to a dry re fu s e- d erive d fuel process, and beca use of constraints i n the design of the s y stem, includes

a low furna ce heig ht (less than 60 fee t betwee n the g rate and the roof) and a high waste capa city -tounderg rate air z one ratio (g reater than 300 tons of waste per da y (tpd) fue l per e ach unde rg rate air zone). "S preade r s t o ke r fi x e d fl o o r r e fu s e

- de r iv e d fu e l- fi r e d c o m bus tor/100 perce nt coal capable"

means a sprea der stoker ty pe combustor with a fix ed fl oor g rate desig n that ty pically fires 100
perc ent re fuse- derive d fuel but is equipped to burn 100 pe rce nt coal instead of ref use-de rived fue l to fulfill 100 perce nt steam or ene rg y demand.

252:100-17- 14.2. Term inology related to 40 CF R When these terms are used in rules incorporated by ref ere nce, th e fo l l o wi ng definitions shall apply : "Af fected facility" is sy

nony mous with muni cipal wa ste combustor unit. "S tate plan " is a prog ram that the Stat e i s responsible for developing and implementing to achie ve complianc e with the emission g uidelines in Subpart Cb of 40 CFR Part 60.

252:100-17- 15. Exem ptions (a) Any MWC unit that is capa ble of combusting more than 250 tons per day of MSW and is subject
to a fede rally enfor cea

ble permit limit ing the maxi mum amount of MSW that may be combusted in the unit to less than or equa l to 11 tons per day is not subject to this Part if the owne r/operator: (1) Notifies the EPA of a n exemption claim. (2) Provides the EPA with a copy o f t he fede rally enfor cea ble permit that limit s the firing of MSW to less than or equa l to 11 tons per day

. (3) Kee ps rec ords of the a mount of MSW fired pe r day

. (b) A qualify ing small power production fa ci l i t y , (as define d in section 3(17)( C) of the Fe dera l Power Ac t (16 U.S.C.§796(17)(C)), tha t produce s elec tric ene rg y from homog eneous w aste is not subject to this Part if the owner /opera tor: (1) Notifies the EPA of a n exemption claim. (2) Provides the EPA data doc umenting tha t the fac ility qualifies for

this ex emption. (c) A qualify ing cog ener ation fac ility

, (as define d in section 3(18)( B) of the Fe dera l Power Act (16 U.S.C.§796(18)(B )), that burns homoge neous waste to produce elec tric ener g y , steam, o r o ther useful ener g y used for industrial, commerc ial, heating

, or cooling purposes, is not subject to this Part if the owne r/operator: (1) Notifies the EPA of a n exemption claim. (2) Provides the EPA data doc umenting tha t the fac ility qualifies for

this ex emption. (d) Any unit combusting a single -item waste stream of tires is not subject to this Part if the

owner /opera tor: (1) Notifies the EPA of a n exemption claim. (2) Provides the EPA with data doc umenting tha t the unit qualifies for this exemption.

99(e) Any

unit required to have a ha zardous waste pe rmit is not s ubject to this Part. (f) Any materia ls r ecove ry fac ility (including primary or seconda ry smelters) that combusts w aste for the pr imary

purpose of

rec overing

metals is not subject to this P art. (g ) Any cofire d combustor that meets the capa city specific ations in para g raph (a) of this sec tion is not subject to this P art if the owner/ope rator: (1) Notifies the EPA of a n exemption claim. (2) Provides the EPA with a copy of the fe dera lly

enfor cea ble per mit. (3) Kee ps separ ate r ecor ds, on a ca lendar quarte r basis, of the weight of MSW and the weig ht of all other f

uels combusted at the c ofired c ombustor. (h) Air curta in incin e r a

tors that meet the capa city specific ations in 252:100-17-23 of this Subchapter and combust a 100 pe rce nt y ard w aste fue l stream ar e not subject to this Part, except: (1) The opa city

limit under se ction 252:100-17-23 of this Subchapter

. (2) The testing proce dures unde r sec tion 252:100-17-25 of this Subchapter. (3) The repor

ting and rec ordkee ping provisions under sect io n 2 5 2:100-17-26 of this Subchapter

. (i) Py roly sis/combusti on units that are an integ rate d part of a plastics/rubber rec y cling unit are not subject to this Part if the owner /opera tor of the unit maintains rec ords of: (1) The we ight of

plastics, rubber , and/or rubbe r tires proc essed on a cale ndar qua

rter ba sis. (2) The weig ht of chemica l plant fee dstocks and petrol eu m ref inery fee dstocks produce d and marke ted on a c alenda

r quar ter ba sis. (3) The name and a ddress of the purcha ser of the fe edstocks. (j) The c ombustion of ga soline, diesel fue l, jet fuel, fue l oils, residual oil, refiner y g as, petrole um coke, liquefied petroleum g as, propane , or b u t ane produce d by chemica l plants or petroleum ref ineries that use fee dstocks produce d by plastics/rubber rec y cling units are not subject to this Part. (k) Cement kilns firing MSW are not subjec t to this Part. (l) No MWC i s subject to subpart E of 40 CF R Part 60. (m) P h y s i ca l or operational chang es made to an exis ting municipal waste combustor unit primarily for the purpose of comply ing with this Part are not considere d in deter mining whether the unit is a modified or rec onstructed f acility under subpa

rt Ea or subpart Eb of 40 CF R Part 60.

252:100-17- 16. Stand ards for particulate m atte r and opacity (a) P artic ulate m atte r

. (1) Be fore April 28, 2009, the conce ntratio n of particula te matter contained in the g ases discharg ed to the atmosphere from a MWC unit shall not exceed 27 milli g rams per dry standard cubic mete r, cor

rec ted to 7 perc ent oxy g en. (2) By April 28, 2009, the conce ntration of particula te matter contained in the g ases discharg ed
to the atmosphere from a MWC unit shall not exceed 25 milli g rams per dry standard cubic meter,

corr ecte d to 7 perc ent oxy g en. (b) Opacity. Opac ity of g ases discharg ed to the atmosphere from a MWC unit shall not exceed 10
perc ent (6-minute a

vera g e).

252:100-17- 17. Stand ards for m uni cipal w aste c om bus tor m etals (a) Cadm ium. (1) Be fore April 28, 2009, the concentra tion of cadmium contained in the gase s discharg ed to the atmosphere from a MWC unit shall not exceed 40 microg rams per dry standard cubic meter,

corr ecte d to 7 perc ent oxy g en. (2) By April 28, 2009, the concentra tion of cadmium contained i n t h e gase s discharg ed to the atmosphere from a MWC u n i t s hall not exceed 35 microg rams per dry standard cubic meter,

corr ecte d to 7 perc ent oxy g en. (b) Lead. (1) By Dec ember

19, 2000, the conc entra tion of lead c ontained in the gase s discharg ed to the atmosphere from a MWC unit shall not exceed 490 microg rams per dry standard c ubic meter

, corr ecte d to 7 perc ent oxy g en. (2) By Aug ust 26, 2002, or three y ear s afte r EPA approva l of the State plan, whicheve r is first, the conce ntration of lead contained in the g ases discharg ed to the atmosphere from a MWC unit shall not ex cee d 440 microg rams per dry standard c ubic meter , corr ecte d to 7 perc ent oxy g en.

100(3) By April 28, 2009, the conce ntration of lead contained in the g ases discharg ed to t h e

atmosphere from a MWC unit shall not exceed 400 microg rams per dry standard cubic meter,

corr ecte d to 7 perc ent oxy g en. (c) Mer cury. (1) Be fore April 28, 2009, the conce ntration of merc ury contained in the g ases discharg ed to the atmosphere from a MWC unit shall not exceed 80 microg rams per dry standard cubic meter or 1 5 p er ce n t of the potential merc ury emission conce ntration (85 perc ent reduc tion by weig ht),

corr ecte d to 7 perc ent oxy g en, whiche ver is less string ent. (2) By April 28, 2009, the concent ra t i o n of merc ury contained in the g ases discharg ed to the atmosphere from a MWC unit shall not exceed 50 microg rams per dry standard cubic meter or 15 perc ent of the potential merc u ry em i s s ion conce ntration (85 perc ent reduc tion by weig ht),

corr ecte d to 7 perc ent oxy g en, whiche ver is less string ent. 252:100-17- 18. Stand ards for m uni cipal wa s te com bus tor acid gases expresse d as sulf ur dioxid e and hyd rogen chloride (a) Sul fu r dioxide. (1) By Dec ember 19, 2000, the conce ntration of sulfur diox ide contained in the g ases discharg ed
to the atmosphere from a MWC unit shall not exceed 31 parts per milli on by volume (ppmv) or 25 perc ent of the potential sulfur diox ide emission conce ntration (75 perc ent reduc tion by weig ht

or volume), corr ecte d to 7 perc ent ox y g en (dry basis), whicheve r is less stringe nt. Compli ance with this emiss ion limi t is based on a 24- hour daily g eometric mean. (2) By Aug ust 26, 2002, or three y ear s afte r EPA approva l of the State plan, which ever is first, the conce ntration of sulfur diox ide contained in the g ases discharg ed to the atmosphere from a MWC unit shall not ex ceed 29 ppmv or 25 perc ent of the potential sulfur diox ide emission

conce ntration (75 percent reduction by weig ht o r v o l u m e)

, corr ecte d to 7 perc ent ox y g en (dry basis), whichever is less stringe nt. Compli ance with this emiss ion limi t is based on a 24- hour daily g eometric mean. (b) Hydrogen chloride. (1) By Dec ember 19, 2000, the conce ntration of hy drog en chloride contained in th e gas es discharg ed to the atmosphere from a MWC unit shall not exceed 31 parts per milli on by volume (ppmv) or 5 perc ent of the potential hy drog en chloride em i s s ion conce ntration (95 perc ent reduc tion b y we i gh t or volume), corr ecte d to 7 perc ent ox y g en (dry basis), whicheve r is less stringe nt. (2) By Aug ust 26, 2002, or three y ear s afte r EPA approva l of the State plan, which ever is first, the conce ntration of hy drog en chloride contained in the g ases discharg ed to the atmosphere from

a MWC unit shall not exceed 29 ppmv or 5 perc ent of the potential hy drog en chloride emission

conce ntration (95 percent reduction by weig ht or vo l u m e)

, co rr ecte d to 7 perc ent ox y g en (dry basis), whiche ver is less string ent.

252:100-17- 19. Stand ards for m uni cipal was te com bus tor organics expresse d as total m ass

dioxin s/f urans (a) The conce ntration of org anics, expressed as total mass diox ins/furans, contained in the g ases discharg ed to the atmospher e fr om a MWC uni t shall not ex cee d: (1) Be fore April 28, 2009, with elec trostatic prec ipitator: 60 nanog rams per dry standard cubic meter ( total mass), corr ecte d to 7 perc ent oxy g en. (2) By April 28, 2009, with elec trostatic prec ipi tator: 35 nanog rams per dry standard cubic meter ( total mass), corr ecte d to 7 perc ent oxy g en. (3) Wit hout elec trostatic prec ipitator: 30 nanog rams per dry standard cubic meter (total mass),

corr ecte d to 7 perc ent oxy g en. (b) MWC units that achie ve a diox in/furan emission level less than or equal t o 1 5 nanog rams per dry standard cubic meter total mass, cor re cted to 7 perc ent ox y g en, may elec t the alterna tive perf ormanc e testing schedule for dioxins /furans a s specifie d in 40 CFR 60.58b(g )(5) (iii).

252:100-17- 20. Stand ards for ni troge n oxid es (a) Nitroge n oxides em ission lim its. The conce ntration of nitrog en ox ides contained in the g ases discharg ed into the atmosphere from a MWC unit shall not exceed the f ollowing:

101NITROGEN OXIDES LIMITS

Municipal Waste Nitrog en oxides Combuster Technolog y emission lim it (ppm by volume) a Be fore On or Af

ter Apr il 28, 2009 Mass burn wa terwa ll 205 205 Mass burn rota

ry water wall 250 210 Refuse- derive d fuel c ombustor 250 250 Fluidized bed combustor (by Dec ember

19, 2000) 240 Fluidized bed combustor (by Aug ust 26, 2002, or three

y ear s after

EPA approva l of the State plan, whiche ver is first) 180 180 Mass burn re fra ctory

combustors No limit No limit

Correc ted to 7 perc ent oxy g en, dry basis, 24 hr daily

arithmetic a vera g e a

(b) Nitroge n oxides em ission s aver aging. The owner or operator of a MWC plant may elec t to implement a nitrog en ox ides emissions av er aging plan for the MWC units that are located at that plant. (1) The following units cannot be include d in the emissions avera g ing pla n: (A) MWC units subject to Subpart Ea or Eb of 40 CFR Part 60. (B ) Mass burn ref

rac tory MWC u n i ts and other MWC technolog ies not listed in

para g raph ( b)(3) of this section may not be included in the e missions aver ag ing pla n. (2) Prior to implementing the nitrog en ox ides emissions aver ag ing plan, the units to be included must be identified in the initial per formanc e test repor t specifie d in 40 CFR 60.59b(f) or in the annual repor

t specifie d in 40 CFR 60.59b(g ), as applicable

. The units which are included in the

aver ag ing plan may be rede signated eac h cale ndar y ear

. Partial y ear rede signa tion is allowable with DEQ appr oval. (3) To implement the emissions aver ag ing plan, the aver ag e daily (24-hour ) nitrog en ox ides emission conce ntration level discharg ed from the units included in the emission aver ag ing plan shall be no g reat er t han the levels specifie d in this section. Emission limit s for the nitrog en

ox ides conc entra tion level for e ach ty pe of unit ar e as f

ollows:

NITROGEN OXIDES LIMITS F OR EXIST ING DESIGNATED F ACILITIES INCLUDED IN AN EMISSI ONS AVERAG INGP LAN AT A MUN ICIP AL

WASTE COMBUS TOR PLAN T a

Municipal waste Nitrog en oxides combustor technolog y emission lim it (ppm by volume) b
Be fore On or Af

ter Apr il 28, 2009 Mass burn wa terwa ll 185 185 Mass burn rota

ry water wall 220 190 Refuse- derive d fuel c ombustor 230 230 Fluidized bed combustor 165 165

Mass burn refrac tory municipal waste combustors and other MWC technolog ies not listed above a
may not be included in an e missions aver ag ing pla n. Correc ted to 7 perc ent oxy g en, dry basis, 24 hr daily

arithmetic a vera g e b

(4) Under

the emissions avera g ing pla n, the ave rag e daily nitrog en ox ides emissions spec ified in pa rag raph ( b)(3) of this section shall be calc ulated using the equation in A ppendix K of this

102Chapter. MWC units that are off- line shall not be included in calc ulating the aver ag e daily

nitrog en oxides emissi on level. (5) For any day a unit included in the emissions aver ag ing plan is off- line, the owner or operator of the MWC plant must demonstrate compliance acc ording to either para g raph (b)( 5)(A) or both

para g raphs ( b)(5) (B ) and ( b)(5) (C) of this section. (A) Compli ance with the applicable limi t s s p ec ified in (b)( 3) of this Part shall be demonstrated u s i n g t he aver ag ing proce dure specifie d in para g raph (b)( 4) of this section. The avera g ing pr ocedur e will include the MWC units in the plan that ar e on-line. (B ) For eac h of t he unit s included i n the emis sions aver ag ing plan, the ni trog en ox ides emissions shall be calc ulated on a daily aver ag e basis. The nitrog en ox ides emissions level shall be equa l to or less than the maxim um daily nitrog en ox ides emission levels achieved by that unit on any of the day s during which the emissions aver ag ing plan was achie ved with all units on-line during the most rec ent cale ndar quarte r. The require ments of this para g raph do not apply

during the first quar

ter of ope ration under

the emissions avera g ing pla n. (C) The aver ag e nitrog en ox ides emissions (kilog rams per day ) calc ulated acc ording to
para g raph (b)( 5)(C)( ii) of this section shall not exceed the aver ag e nitrog en ox ides emissions (kilog rams per

day ) ca lculated a ccor ding to pa rag raph ( b)(5) (C)(i) of

this section. (i) The aver ag e nitrog en ox ides emissions shall be calc ulated for all day s during which the emissions aver ag ing plan was implemented and achie ved and during which all MWC units wer e on-line. The aver ag e nitrog en ox ides emissions (kilog rams per day ) shall be calc ulated, on a cale ndar y ear basis, acc ording to para g raphs (b)( 5)( C )( i)(I ) throug h (b)( 5)(C)( i)(I I I ) of this section. (I ) The daily amount o f n i t ro gen ox ides emitted (kilog rams per day ) shall be calc ulated for eac h MWC unit included in the emi s s i o ns aver ag ing plan. The calc ulation shall be based on the hourly nitrog en ox ides data require d under 40 CFR 60.58b(h) and specifie d under 40 CFR 60.58b(h)( 5). The flue g as flow rate is deter mined using the hourly aver ag e steam or fee dwater flow rate and Table 19-1 of EPA Refer ence Method 19, which is here by incorporated by ref ere nce as it exis ts on J uly 1, 2002. (I I ) The daily total nitrog en ox ides emissions shall be calc ulated as the sum of the daily nitrog en ox ides emissions from eac h unit calc ulat ed u nder para g raph (b)( 5)(C)( i)(I ) of this section. (I I I ) On a cale ndar y ear basis, the aver ag e nitrog en ox ides emissions (kilog rams per day ), shall be calculated as the s um of all daily total nitrog en ox id es emissions calc ulated under

para g raph ( b)(5) (C)(i)( I I ) of this sec tion divided by the number of cale ndar da

y s for whic h a daily

total was ca lculated. (ii) The aver ag e nitrog en ox ides emissions shall be calc ulated for all day s during which

one or more o f t he MWC units under the emissions aver ag ing plan was off- line. The

aver ag e nitrog en ox ides emissions (kilog rams per day ) shall be calc ulated acc ording to
para g raphs (b)( 5 )( C )(ii)(I ) throug h (b)( 5)(C)( ii)(I I I ) of this section on a cale ndar y ear basis. (I ) For eac h MWC unit included in the emissions a vera g ing plan, the daily amount of nitrog en ox ides emitted (kilog rams per day ) shall be calc ulated bas ed o n t h e hourly nitrog en ox ides data require d under 40 CFR 60.58b(h)a nd specifie d under 40 CFR 60.58b(h)( 5), the flue g as fl o w rate deter mined using Table 19-1 of the EPA Refer ence Method 19, which is here by incorporated by ref ere nce as it exis ts on J uly 1, 2002 and the hour ly

aver ag e stea m or fee dwater flow ra te. (I I ) The daily total nitrog en ox ides emissions shall be calc ulated as the sum of the daily nitrog en ox ides emissions from eac h MWC unit as calc ulated under para g raph (b)( 5)(C)( ii)(I ) of this section. (I I I ) The aver ag e nitrog en ox ides emissions (kilog rams per day ) on a cale ndar y ear basis shall be calc ulated as the sum of all daily total nitrog en ox ides emissions calc ulated under para g raph (b)( 5)(C)( ii)(I I ) of this section divided by the number of cale ndar da

y s for whic h a daily

total was ca lculated.

252:100-17- 21. Stand ards for m uni cipal w aste c om bus tor oper ating practice s 103(a) The conce ntration of car bon monox ide contained in the g ases discharg ed to the atmosphere from a MWC unit shall not ex cee d the following limit s for e ach ty pe of a ffe cted e quipment:

MUNIC IP AL WASTE COMBUSTOR OPERATING LIMITS

Municipal waste c ombustor technolog y Carbon monoxi de Aver ag ing emissions level Time b (ppm by volume) (hours)

a Mass burn wa terwa ll 100 4 Mass burn re fra ctory 100 4 Mass burn rota

ry ref rac tory 100 24 Mass burn rota

ry water wall 250 24 Modular starve d air 50 4 Modular excess air 50 4 Refuse- derive d fuel stoker 200 24 Fluidized bed, mix ed fue l 200 24 c (wood/re fuse- derive d fuel) Bubbling fluidiz ed bed c ombustor 100 4 Circulating fluidiz ed bed c ombustor 100 4 Pulverized coal/ref

use-de rived fuel mix ed fue l-fire d combustor 150 4 Spreade r stoker c oal/ref

use-de rived fuel mix ed fue l-fire d combustor 200 24 Semi-suspension refuse -der ived fuel-f ired c ombustor/wet ref

usederive d fuel proc ess conve rsion 250 24 c Spreade r stoker f

ix ed floor ref use-de rived fue l-fire d combustor/100 perc ent coal c apable 250 24 c

Measur ed at the c ombustor outlet in conjunction with a measure ment of oxy g en conc entra tion, a

corr ecte d to 7 perc ent oxy g en, dry basis. Calculated a s an ar ithmetic aver ag e. Aver ag ing times a

re 4- hour or 24- hour block a vera g es. b 24-hour block a

vera g e, g eometric mean. c

(b) An owner

or oper ator of a

MWC shall comply

with all provisions specified in 40 CFR 60.53b(b) a

nd (c) , which is here by

incorporated by

ref ere nce a s it ex ists on November 6, 2006.

252:100-17- 22. Stand ards for m uni cipal w aste c om bus tor fugitive ash em ission s An owner or oper ator of a

MWC shall comply

with all provisions specified in 40 CFR 60.55b, which is here by

incorpora

ted by ref ere nce a s it ex ists on J uly 1, 2002.

252:100-17- 23. Stand ards for air curtain incin erat ors An owner or oper ator of a

n air c urtain inciner ator with the c apac ity to burn g reater than 250 tons per day

of MSW and for which c onstruction commence d on or bef ore Septe mber 20, 1994, and that combusts a f

uel fe ed strea

m of 100 perc ent y ard w aste, shall not ca use to be discha

rg ed into the atmosphere f

rom that incinera

tor any g ases that e x hibit gre ater than 10 per cent opa city (6-minute ave rag e). A n opacity level of up to 35 pe rce nt (6-minute ave rag e) is per mitted during startup per iods within t he first 30 minutes of unit opera tion.

252:100-17- 24. Stand ards for m uni cipal was te combustor operator training and

cer tification (a) Eac h chief fac ility opera tor and shift supervisor shall obtain and maintain a curr ent provisional

opera tor cer

tification from either the Americ an Society of Mecha nical Eng ineer s (ASME) [QRO-1- 1994 Standard for the Qualifica tion and Certifica

tion of Resource Recove ry Fa cility Oper ators] or 104a State cer tification prog ram no later than the date 6 months a fter the startup of a MWC unit or 12 months after the date of

State plan appr oval, whiche ver is later

. (b) E ach chief fac ility operator and shift supervisor shall have completed full cer tification or submitt ed an application, that has been acc epted by the appropr iate cer tification prog ram, for a full

cer tification exam with either the ASME [ QR O- 1 -1 994 Standard for the Qualification and Certifica tion of Resource Recove ry Fa cility Oper ators] or a State cer tification prog ram no later than the date 6 months afte r the startup of a MWC unit or 12 months afte r the date of State plan approva l, whicheve r is later. (c) (1) No owner or opera tor of a MWC unit sha ll a llow the unit to be operated at any time unle ss one of the following persons is on duty : (A) A fully

cer tified chief

fac ility operator. (B ) A provisionally cer tifie d ch i ef fac ility operator who has met the qualifica tion require ments specifie d in ASME [QRO-1-1994 section 2.2.2] and has made an application for a full cer

t i fi ca tion exam following the AS ME [QRO-1-1994 section 4.3.1] application

proce ss, acc ording to the schedule specifie d in para g raph ( b) of this section. (C) A fully

cer tified shift supervisor. (D) A provisionally cer tified shift supervisor who has met the qualifica tion require ments specifie d in ASME [QRO-1-1994 section 2.2.2] and has m ad e an application for a full

cer tification exam following the AS M E [ QRO-1-1994 section 4.3.1] application proce ss,

acc ording to the schedule specifie d in para g raph ( b) of this section. (2) The require ment specifie d in pa rag raph (c) of this sec tion sha ll take eff ect no later than the date 6 months afte r the startup of a MWC unit or 12 months afte r the date of State plan approva l, whicheve r is later. (3) I f both the cer

tified chief fac ility opera

tor and cer

tified shi ft s u p er visor are unavailable

, a provisio n al l y cer

tified control room operator who is on-site at the MWC may fulfill the require ment in para g raph (c) of t h i s section. Depe nding on the leng th of time that a cer tified chief fac ility operator and cert i fi ed shift supervisor are awa y , the owner or operator of the aff ecte d fac ility

must meet one of thre e cr iteria: (A) When the certified chief facility operator and certified shift supervisor are both off site for 12 hours or less, and no other cer tified opera

tor is on site, the provisionally cer tified control ro o m o p er at or may perf orm the duties of the cer tified chief fac ility operator or

cer tified shift supervisor. (B ) When the cer

tified chief fac ility operator and cer tified shift supervisor are off site for

more than 12 hours, but for two wee ks or less, and no other cer tified operator is on site, the provisionally cer

tified control room operator may perf orm the duties o f t he cer

tified chief fac ility opera

tor or cer tified shift supervisor without notice to, or approva l by

, the Direc tor. Howeve r, the owner or operator of the aff ecte d fac ili t y m u s t rec ord the period when the

cer tified chief fa ci l ity opera tor and cer tified shift supervisor are off site and include that information in the annua l report a s specifie d in 40 CFR 60.59b(g )(5)

. (C) When the cer

tified chief fac ility operator and cer tified shift supervisor are off site for more than two wee ks, and no other certified operator is on si t e, t h e p ro visionally cer tified control room operator may perf orm the duties of the ce rt i fi ed chief fac ility operator or

cer tified shift supervisor without approva l by the Direc tor. Howeve r, the owner or opera tor of the a ffe cted f

acility must take two ac tions: (i) Notify the Direc tor in writing

. I n the notice, state what cause d the absenc e and what actions are being taken by the owner or operator of the fac ility to e nsure that a cer tified chief fac ility opera tor or cer tified sh i ft s u p ervisor is on site as expeditious ly as prac ticable. (ii) Submit a st at u s re p ort and corr ective action summary to the Direc tor ever y four

wee ks following the initial notification. I f the Direc tor provi des notice that the status
repor t or corr ective action summary is disapproved, the municipal waste combustion unit
may continue opera tion for 90 day s, but then must cea se operation. I f corr ective actions

are taken in the 90-day period such that the Direc tor withdraws t h e disapproval, municipal waste c ombustion uni t opera tion may continue. (4) A provisi onally cer

tified opera tor who i s n ewly promoted or rec ently transfe rre d to a shi ft

105supervisor position or a chief fac ility operator position at the municipal waste combustion unit

may perf orm the duties of the cer

tified chief fac ility operator or cer tified shift supervisor without notice to, or approva l by

, the Direc tor for up to six mon t h s b ef o re t aking the ASME QRO

cer tification exam. (d) Al l chief fac ility opera tors, shift supervisors, and control room operators at MWC units mus t complete the EPA or State MWC opera tor training course no later than the date 6 months a fter the date of startup of the MWC or by 12 months afte r the date of State plan approva l, whicheve r is later. (e) The require ment specifie d in para g raph (d) of this section does n ot apply to chief fac ility

opera tors, shif

t s u p ervisors, and control room operators who have obtained full cer tification from the Amer ican Society

of Mec hanica l Eng ineer s on or bef ore the date of

State plan appr oval. (f) The owner or opera tor may reque st that the DEQ waive the require ment specifie d in para g raph (d) of this section for chief fac ility operators, shift supervisors, and control room operators who have obtained provisional cer

tification from the Americ an Society of Mecha nical Eng ineer s on or befor e the date of

State plan appr oval. (g ) The owner or opera

tor of a MWC un i t shall develop and update on an annual basis, a sitespecific operating manual. The operating manual shall, at a minimum

, addre s s t he elements of MWC unit operation spec ified in para g raphs ( g )(1) throug h (g )(11) of this section. (1) A summary

of the a pplicable standa

rds under this P art. (2) A desc ription of basic c ombustion t heory applicable to a MWC uni t. (3) Procedur es for

rec eiving , handling , and fe eding MSW

. (4) MWC unit start-up, shutdown, and malfunc tion procedur es. (5) Procedur es for

maintaining pr oper c ombustion air supply levels. (6)Proc edure s for ope rating the MWC uni t within the standards established unde r this Part. (7) Procedur es for

responding

to periodic upset or

off- specific ation conditions. (8) Procedur es for

minimi zing par

ticulate matter

car ry over. (9) Procedur es for

handling ash. (10) Procedur es for

monitoring MWC unit emissions. (11) Reporting and re cordke eping proce dures. (h) The owner or operator of a MWC unit shall establish a training prog ram to revie w the opera ting manual acc ording to the schedule specifie d in para g raphs (h)( 1) and (h)( 2) of this sectio n. The training shall be provided to eac h person who has responsibilities aff ecting the operation of the unit including, but not limit ed to, chief fac ility operators, shift supervisors, control room operators, ash handler s, maintenanc e per sonnel, and c rane /load handler s. (1) Eac h person specifie d in pa rag raph (h) of this section sha ll unde rg o initial tra ining no later than the date specifie d in para g raph ( h)(1) (A), ( h)(1) (B ), or ( h)(1) (C), whiche ver is later

. (A) The da te 6 months after the date of

startup of the unit. (B ) T h e date prior to the day the person assumes responsibilities aff ecting M W C u n i t
opera tion. (C) Twelve months after date of State plan a pproval. (2) Annually

, fo l l o wi ng the initial revie w require d by para g raph (h)( 1) of this section, eac h

person specifie d in para g raph (h) of this section shall revie w the operating manual updates, any opera tional le ssons le arne d/experience s of the past y ear , and provide for r eview of any section which an e mploy ee r equests. (i) The operating manual require d by para g raph (h) of this s ec t i on shall be kept in a rea dily

acc essible location for all persons required to underg o training under pa rag raph ( h) of this section

no later than 6 months afte r start-up or 12 months afte r the date of State plan approva l. The operating manual and r ecor ds of training shall be ava ilable for inspe ction by the DEQ upon r equest.

252:100-17- 25. Com plian ce and perform ance te sting An owner or operator of a MWC shall comply with a ll pr ovisions spec ified in 40 CFR 60.58b, which is here by

incorpora

ted by ref ere nce a s it ex ists on November 6, 2006.

252:100-17- 26. Report ing an d recor dkeepin g requirem ents Ex cept for the provis i o n s o f subsection 60.59b(a)

, b(5), and d(11), 40 CFR 60.59b is here by incorpora ted by ref ere nce a s it ex ists on November 6, 2006.

106252:100-17- 27. Com plian ce sc hedul es

(a) All MWC units must close or be in compl i an ce wi th all require ments contained in this Part within 3 y ea rs following approva l of the State plan. Howeve r, all MWC units for which construction, modification, or rec onstruction is c ommenced afte r J une 26, 1987 shall comply with the emission limit for merc ury specifie d in 252:100-17-17 ( c ) a n d th e e mission limit for diox in/furans specifie d in 252:100-17-19 within 1 y ear following issuance of a revised construction or operating permit, if a permit modification is require d, or wit hin 1 y ear following approva l of t he S tate plan, whicheve r is later. (b) All MWC units choosing to comply with all require ments contained in this Part in more than 1

y ear but less than 3 y ear s following the date of issuance of a revised construction or operation permit if a permit modification is require d, or more than 1 y ear but less than 3 y ear s following approva l of the State plan if a permit modification is not require d, shall enter into a consent order that includes

measura ble and en fo rc ea ble incre mental steps of prog ress toward compliance

. These steps are specifie d below: (1) Date f or submittal of the final contr ol plan to the DEQ. (2) Date for obtaining ser v ices of an arc hitectura l and eng ineer ing firm reg arding the air pollution control device(s)

. (3) Date f or initiation of installation of the air pollution control device( s). (4) Date f or completion of installation of the a ir pollution control device( s). (5) Date f or final c ompliance. (c) All MWC units with a compliance schedule of more than 1 y ear afte r approva l of the State plan in acc ordanc e with para g raph (b) of this section, shall provi d e p er fo rm ance test results for diox in/furan emissions for eac h unit. Howeve r, wher e the MWC owner /opera tor can demonstrate that multipl e units have the same design

, o p er at e with the same fuel, have the same opera ting

para meters, and are expected to have simil ar emission levels, the results of a diox in/furan test from

one unit may be provided as repr esenta tive of all such units. The perf ormanc e test results shall have been conducte d duri n g o r afte r 1990. The perf ormanc e test shall be conducte d acc ording to the

proce dures in 252:100-17-25. (d) All MWC units intending to close in more than 1 y ear but less than 3 y ea rs afte r State plan

approva l shall enter into a consent order to c lose. The closure order must include the date of plant closure.

P ART 7. HOSPITAL, MEDICAL AND IN F ECTIOUS WASTE I NCINERATORS

252:100-17- 40. Ef

fective date ; appli cability This Part applies to eac h individual hospital/medical/infectious waste incinerator (HMI WI ) for which construc tion was commenc ed on or be fore J une 20, 1996.

252:100-17- 41. Defini tions (a) The de finitions in 40 C FR 60.51c are here by incorporated by ref ere nce as they exis t on July 1, 2002. (b) The following words and terms when used in this Part, shall have the following meaning

, unless the context clear ly

indicates other

wise: "S m all rural H MIWI" is define d as any small HMI WI wh i ch i s l o cated more than 50 miles from the boundary of the near est Standard Metropolitan Statist ical Are a and which burns less than 2,000 pounds per we ek (lb/wk) of hospital waste and me dical/infec tious waste. "S tandard Metr opolitan Statistical Are a" or "S MSA" means any are as listed in the Off ice of Manag ement and Budg et Bulletin No. 93-17 entitled "Re vised Statist ical Def initions for Metropolitan Are as" dated June 30, 1993.

252:100-17- 42. Term inology related to 40 CF R For purposes of inter fac ing w ith 40 CFR, the following te rm applies: "Af fected facility" is sy

nony mous with HMI WI or HMI WI unit.

252:100-17- 43. Exem ptions

107(a) Ex cept a s provided in par ag raphs ( b) throug h (h) of this sec tion, e ach HMI WI is subjec t to the

require ments in this P art. (b) A incinera

tor is not subject to this Part during periods when only patholog ical waste, low-leve l radioa ctive waste, and/or chemother apeutic waste is burned, provided the owner or operator of the incinera tor: (1) Notifies the DEQ of an e x emption claim. (2) Kee ps rec ords on a cale ndar quarte r basis of t h e periods of time when only patholog ical waste, low- level ra dioactive wa ste, and/or c hemothera peutic wa ste is burned. (c) Any co-f

ired combustor is not subject to this Part if the owner or opera t o r o f the co-f ired combustor: (1) Notifies the DEQ of an e x emption claim. (2) Provides the DEQ an estimate of the rela tive weig ht of hosp i t al waste, medical/infe ctious waste, a nd other fue ls and/or waste s to be combusted. (3) Kee ps rec ords on a cale ndar quarte r basis of the weig ht of hospital waste, medical/infe ctious
waste combusted, and the weig ht of all o t h er fuels and wastes combusted at the co-f ired combustor. (d) Any incinerator requir ed to have a hazar dous waste pe rmit is not s ubject to this Part. (e) Any incinera

tor which meets the applica bility require ments under Par

t 5 of t his Subchapter or 40 CFR 60 Subparts Ea, Eb, or Ec. (f) Any py roly sis unit i s not subject to this P art. (g ) Cement kilns fir ing hospital waste and/or medical/infe ctious waste a re not subject to this Part. (h) Phy sical or operational changes m ade to an exis ting HMI WI unit solely for the purpose of comply ing with this Part are not considere d a modification and do not result in an exis ting HMI WI unit becoming subject to the provisions of 40 CFR 60 Subpart Ec

.

252:100-17- 44. Em ission lim its (a) Regulated pollu tants. On and afte r the date on which the initial perf ormanc e test is completed

or is require d to be completed, whicheve r date comes first, no owner or operator of a HMI WI subject
to this Part shall cause to be discharg ed into the atmosphere from that fac ility any g ases that contain stack e missions in excess of the emission limi ts in Appendix M. (b) Opacity. On or afte r the date on which the initial perf ormanc e test is c ompleted or is r equire d
to be completed, whicheve r date comes first, no owner or operator of a HMI WI subject to this Part shall cause to be discharg ed into the atmosphere from the stack of that fac ility any g ases that exhibi t
g rea ter than 10 pe rce nt opacity (6-minute block avera g e).

252:100-17- 45. Stand ards for HMIWI operator t raining an d cert if ication By October 1, 2000, an owner o r o p er at o r of an HMI WI shall comply with all provisions specifie d in 40 CFR 60.53c, which is he reby incorporated by ref ere nce as it exis ts on J uly 1, 2002.

252:100-17- 46. Stand ards for w aste m anagem ent plans By October 1, 2000, an owner or opera tor of an exis ting HMI WI shall comply with all provisions specifie d in 40 CFR 60.55c, which is here by incorporated by ref ere nce as it exis ts on J uly 1, 2002.

252:100-17- 47. Com plian ce, per form ance te sting and m onitoring requirem ents (a) Ex cept for sections 60.56c (b)( 12) and (c) (3), an owner or operator of a small, medium or larg e HMI WI shall comply with the compliance and perf ormanc e testing require ments of 40 CFR 60.56c, which is here by

incorpora

ted by ref ere nce a s it ex ists on J uly 1, 2002. (b) An owner

or oper ator of a

small rural HMI WI shall meet the following require ments: (1) Conduct the perf

ormanc e testi ng require ments in 40 CFR 60.56c(a ), (b) (1) throug h (b)( 9), (b)( 11)(Hg only

), and (c) (1). The 2,000 lb/week limit ation for small rura l HMI WI units does not apply during perf

ormanc e tests. (2) Establish maxi mum char g e rate and minimum seconda ry cham b er temperature as sitespecific opera ting para

meters during the initial perf ormanc e test to deter

mine compliance with applicable emission lim its.

108(3) Following the d at e o n wh ich the initial perf ormanc e test is completed or require d to completed, whicheve r date comes first, ensure that the fac ility does not operate abo v e the maxi mum ch ar ge ra t e or below the minimum seconda ry chambe r t emper ature measure d as 3- hour rolling aver ag es (ca lculated eac h hour as the aver ag e of the previous 3 operating hours) at all t i mes except during periods of startup, shutdown, and malfunction. Oper ating para meter limit s do not apply during perf ormanc e tests. Oper ation above the maxi mum ch ar g e rate or below the minimum seconda ry cham b er t emperature shall constitute a violation of the established oper ating para meter( s). (4) Ex cept as provided in para g raph (b)( 5) of this sec t ion, opera tion of the HMI WI above the maxi mum char g e rate and below the minimum seconda ry chambe r temperature (ea ch measure d

on a 3-hour rolling aver ag e) simult aneously shall constit u t e a violation of the PM, CO, and diox in/furan e mission l imits

. (5) The owner or operator may conduct a repe at perf ormanc e test within 30 day s of violation of the applica

ble oper ating para

meter( s) to demonstrate tha t the HMI WI is not in vi olation of the applicable emission limit (s). Repea t perf ormanc e tests conducte d pursuant to this para g raph
must be conducte d using the identical operating para meters that indicated a viola ti o n u n d e r ( b ) ( 4) of this section. (c) An owner or operator of any small, medium, or larg e HMI WI shall comply with all monitoring provisions specifie d in 40 CFR 60.57c, which is here by incorporated by ref ere nce as it exis ts on J uly 1, 2002. (d) An own er o r opera

tor of a small rura l HMI WI shall comply with the following monitoring require ments: (1) I n s t al l

, calibrate (to manufa cture rs' specific ations), maintain, and operate a device for measuring and re cording the temper ature of t he secondary chambe r on a continuous basis, the output of which shall be r ecor ded, at a minimum , once e very

minute throug hout opera tion. (2) I nstall, calibrate (to manufa cture rs' speci fi ca t i o ns), maintain, and operate a device which automatically measu re s and rec ords the date, time, and weig ht of eac h char g e fed into the HMI WI

. (3) The owner or opera tor of a desig nated fac ility shall obtain monitoring data at all times during HMI WI opera tion ex cept during periods of monitoring equipment malfunc tion, calibration, or

repa ir. At a minimum, valid moni toring data shall be obtained for 75 perc ent of the ope rating hours per day and for 90 perc ent of the operating hours per cale ndar quarte r that the HMI WI is combusting hospital wa ste and/or medic al/infec tious waste.

252:100-17- 48. Equ ipme nt insp ect ion of sm all rural HMIWI (a) An owner or operator of a small rura l HMI WI shall conduct an initial equipment inspection by October 1, 2000, and annually (no more than 12 months fol l owing the previous equipment inspection) ther eaf

ter. At a minimum , an inspec tion shall include the following : (1) I nspect all b u rn er s , pilot assemblies, and pilot sensing device s for proper operation; clea n pilot flame sensor, a s nece ssary

. (2) Ensure proper adjustment of primary and seconda ry chambe r combustion air, and adjust as

nece ssary

. (3) I nspect hing es and door latches, a nd lubricate as nec essar

y

. (4) I nspect da mpers, fa

n, and blower

for pr oper ope ration. (5) I nspect HMI WI door and door g askets for

proper sealing

. (6) I nspect motors for

proper opera tion. (7) I nspect primar

y chambe r re fra ctory

lining, cle an and r epair

/replac e lining a s nece ssary

. (8) I nspect incine rator she ll for cor rosion and/or hot spots. (9) I nspect incine rator se condar y /tertiary chambe rs and stac k; clean a s nece ssary

. (10 I nspect mecha

nical loader

, including limit switches, for proper operation, if applicable

. (11) Visually

inspect wa ste bed (g rate s) and r epair /seal, as a ppropriate

. (12) For the burn cy cle that follows, inspection, document that the incinerator is opera ting

proper ly and make any

nece ssary

adjustments. (13) I nspect a ir pollution control device( s) for pr oper ope ration, if applica ble. (14) I nspect wa ste hea

t boiler sy stem(s) to ensure proper operation, if applicable. (15) I nspect by

pass stack c omponents. 109(16) Ensure pro p er calibration of thermocouple s, sorbent fee d sy stems, and any other

monitoring e quipment. (17) Gene rally

observe that the equipment is maintained in g ood operating c ondition. (b) Wit hin 10 opera

ting day s following an equipm en t inspection, all nece ssary repa irs shall be completed unless the owner or opera tor obtains written approva l from the DEQ establishing a later date whe reby

all nece ssary

repa irs shall be complete d. (c) I f during an equipment inspection the need for repa irs is ide ntified, it sha ll not be considere d a violation of this section unless the repa irs are not completed within the t i m ef ra me require d in 252:100-17-48(b)

. (d) An inspection of a small rura l HMI WI perf ormed by a DEQ or EPA repr esenta tive in acc ordanc e with 252:100-17-48(a ) shall satisfy the annual inspection require ment for t h at fac ility and re-start the 12-month inspection clock.

252:100-17- 49. Report ing an d recor dkeepin g requirem ents (a) Ex cept for Sections 60.58c (b)( 2)(ii) and (b)( 7), an owner or operator of a HMI WI shall comply with all of the require ments specifie d 40 CFR 60.58c(b)

, (c ), (d ), (e ), and (f)

, which are here by incorpora ted by ref ere nce a s they

exis t on J uly

1, 2002. (b) An owner

or oper ator of a

small rural HMI WI shall: (1) Maintain rec ords of the annu al equipm ent i nspections, any require d maintenanc e, and any repa irs not completed within 10 day s of an inspection or an alternate date approve d by the DEQ. (2) Submi t an annual repor t containing information rec orded under para g raph (b)( 1) of this section no later than 60 day s following the y ear in which data wer e collected. The repor t shall be sig ned by

the fa cility ' s manag er. Subsequent repor ts shall be sent no later tha n 12 cale ndar months following the previous repo rt until the HMI WI unit is subject to Part 70 permitting

re q u i re m en t s under 252:100-8. After the HMI WI unit is subject to Part 70 require ments, the

owner or oper ator must submit t hese r eports semiannua lly

.

252:100-17- 50. P art 70 per m its. The owner or opera tor of a HMI WI

, that is not otherwise a Part 70 sou rc e m u s t submit to the DEQ a complete a

pplication for a

Part 70 opera

ting pe rmit on or befor e Mar ch 19, 2000.

252:100-17- 51. Com plian ce sc hedul es (a) Ex cept as provided in para g raphs (b) and (c) of the section, the owner or operator of any HMI WI unit shall comply with all the require ments of this Part or shall close the HMI WI unit(s) and take any steps nece ssary to rende r the unit(s) inopera ble within 1 y ear following the approva l of the State Plan or by October 1, 2000, whicheve r date is first. (b) The DEQ may g rant an extension of up to 3 y ear s or until September 16, 2002, whicheve r date is ear lier, for closing a HMI WI if the owner or operator demonstrates that no waste disposal options exis t other than onsite inciner ation. The owne r or ope rator sha ll: (1) Submit to the DEQ documentation of the analy ses underta ken to support the n ee d fo r an extension, including an explanation of why 1 y ear afte r approva l of the State plan is not sufficie nt time to close the HMI WI

. (2) Submit to the DEQ an evalua tion of the option to transport the waste offsite to a commerc ial medical wa ste trea tment and disposal fac ility on a tempora

ry or per manent 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 y ear s or until September 16, 2002, whicheve r date is ear lier, for the installation of air pollution control equipment to comply with the require ments of this Part provided the owner or oper ator of the HMI WI : (1) Submit s a final c ontrol plan within 9 months of the date the State plan wa s approve d or by J uly 1, 2000, whicheve r date is first. The final control plan must include a descr iption of the control the sourc e will use to comply with the emission lim itations and other re quirements. (2) Awar ds contra cts for co n t ro l sy stems and proce ss modification or order s for purcha se of components within 1 y ear of the da te of State plan a

pproval or by

October 1, 2000, whicheve r date is first.

110(3) I nitiates on-site construction or installation of the air pollution device (s) or proce ss chang es

within 15 months of the date of State Plan approva l o r b y J anuar y 1, 2001, whicheve r date is first. (4) Co mp le te s o n

- s it e c o n s tr u c ti on or installation of control equipment or proce ss chang e s w it h in 30 months of date of State pla n approva l or by

Marc h 1, 2002, whicheve r date is first. (5) Submit s results of initial perf ormanc e test to the DEQ within 34 months of the date of State plan appr oval or by

J uly 1, 2002, whicheve r date is first. (6) Achieve s final compliance with the emission limit ations and o t h er require ments within 3

y ear s of the date of State plan a pproval or by

September 16, 2002, w hicheve r date is first.

P ART 9. COMM ERCIAL AND INDU STRIAL S OLID WAST E INCINERATION UNITS

252:100-17- 60. Ef

fective date ; appli cability (a) This Part applies to eac h individual commerc ial and industrial solid waste incineration (CI SW I ) unit for which c onstruction was c ommenced on or befor e Nove mber 30, 1999. (b) I f the owner or operator of a CI SW I unit makes chang es that meet the definition of modification

o r re const ruction on or afte r J une 1, 2001, the CI SW I unit is no longe r subject to this P ar t an d become s subject to 40 CFR 60, Subpart CCC C, that has been adopted by ref ere nce at OAC 252:100- 4-5. (c) I f the owne r or ope rator of a C I SW I unit makes phy sical or operational chang es t o an existi ng CI SW I unit primarily to comply with this Pa rt

, s u ch ch an ges do not qualify as a modification or

rec onstruction.

252:100-17- 61. Defini tions The definitions in 40 CFR 60.2265 are here by incorporated by ref er ence, as they exis t on September 22, 2005.

252:100-17- 62. Term inology related to 40 CF R For purposes of inter fac ing w ith 40 CFR, the following te rms apply : "Af fected facili ty" is sy

nony mous with "c ommercia l and industrial solid waste incinerator (CI SW I )" or " CI SW I unit". "Administrator " is sy

nony mous with "Executive Dire ctor"

.

252:100-17- 63. Exem ptions (a) Ex cept a s provided in subsections (b) through (p) of this section, ea ch CI SW Iis subject to the require ments in this P art. (b) P athological was te incineration uni ts. I nciner ation units burning 90 perc ent or more by weig ht (o n a cale ndar quarte r basis and excluding the weig ht of auxil iary fuel and combustion ai r) o f patholog ical waste, low-leve l radioa ctive waste, and/or chemother apeutic waste as define d in 40 CFR 60.2265 are not subj ec t to this Part if the owner or operator meets the two require ments specifie d in para g raphs ( b)(1) and (2) of this section. (1) Notifies the DEQ that the unit meets these c riteria. (2) Kee ps rec ords on a ca l en d ar q u arte r basis of the weig ht of patholog ical waste, low-leve l radioa ctive wa ste and/or c hemothera peutic wa ste burned, and the we ight of all other fue ls and wastes bur

ned in the unit. (c) Agricultural was te incineration uni ts. I nciner ation units burning 90 perc ent o r mo re by weig ht (on a cale ndar quarte r basis and excluding the wei gh t o f aux iliary fuel and combustion air) of
ag ricultural wastes as define d in 40 CFR 60.2265 are not subject to this Part if the owner or opera tor meets the two re quirements spec ified in para g raphs ( c)( 1) and ( 2) of this section. (1) Notifies the DEQ that the unit meets these c riteria. (2) Kee ps rec ords on a cale ndar quarte r basis of the weig ht of ag ricultural waste burned, and the weig ht of all other f

uels and wa stes burned in the unit. (d) Municipal was te com bus tion uni ts. I nciner ation units that meet either of the two criteri a specifie d in para g raphs ( d)(1) or (2) of this section are not subject to this P art.

111(1) Are reg ulated u nder Part 5 of this Subchapter or 40 CFR 60, Subpart Ea (Standards of

Perfor mance for Municipal Waste Combustors); Subpart Eb (Standards of Perfor man ce for Municipal Waste Combustors for Which Construction is Commenced After September 20, 1 9 9 4); or Subpart AAAA (Standards of Perfor mance for New Stationary Sources: Small Municipal Waste Combusti on Units). (2) Bur n g reater than 30 perc ent municipal solid waste or ref use-de rived fuel, as define d in 40 CFR 60, Subpart Ea, Subpart Eb, or Subpart AAAA, and that have the capa city to burn less than 35 tons (32 meg ag rams) per day of municipal solid waste or ref use-de rived fuel, if the owner or opera tor meets the two r equire ments in parag raphs ( d)(2) (A) a nd (B ) of this section. (A) Notifies the DEQ that the unit meets these c riteria. (B ) Kee ps rec ords on a cale ndar quarte r b as i s o f the weig ht of municipal solid waste burned, a nd the weig ht of all other f uels and wa stes burned in the unit. (e) Medical was te incineration uni ts. I nciner ation units reg ulated under Part 7 of the Subchapter

or 40 CFR 60, Subpart E c (S t an d ards of Perfor mance for Hospital/Medical/I nfec tious Waste I nciner ators for Which Construction is Commenced After J une 20, 1996) are not subject to this Part. (f) Sm all pow er production facili ties. Units that meet the three require ments spec i fi ed in

para g raphs ( f)( 1) throug h (3) of this section are not subject to this P art. (1) The unit qualifies as a small power -produc tion fac ility under section 3(17)( C) of the Fe dera l Power Ac t (16 U.S.C. 796(17)(C)). (2) The unit burns homoge neous waste (not including ref use-de rived fuel) to produce elec tricity

. (3) The owne r or ope rator notifie s the DEQ that the unit mee ts all of these c riteria. (g ) Cogener ation facilities. Units that meet the three require ments specifie d in pa rag raphs (g )(1) throug h (3) of

this section are not subject to this P art. (1) The unit qualifies as a cog ener ation fac ility under section 3(18)( B) of the Fe dera l Power Act (16 U.S.C. 796(18)(B )). (2) The unit burns homoge neous waste (not including ref use-de rived fuel) to produce elec tricity and steam or other forms of ener g y used for industrial, commerc ial, heating

, or cooling purposes. (3) The owne r or ope rator notifie s the DEQ that the unit mee ts all of these c riteria. (h) Hazardous was te com bus tion u nits. Units that meet either of the two criter ia specifie d in

para g raph ( h)(1) or (2) of this section are not subject to this P art. (1) Units for which the owner or operators is require d to g et a permit under section 3005 of the Solid W aste Disposal Ac t. (2) Uni ts reg ulated under 40 CFR part 63, Subpart EEEE (Na tional Emission Standards fo r Hazardous Air

Pollut ants from Ha zardous Waste Combust ors). (i) Mate rials rec overy uni ts. Units that combust waste fo r t h e primary purpose of rec overing metals, such as pr imary

and sec ondary

smelters, ar e not subject to this Part. (j) Air curtain inciner a to rs

. Ai r curta in incinera tors that burn only the materia ls listed in

para g raphs (j)(1) throug h (3) of this section are only require d to meet the require ments under 40 CFR Sections 60.2245 throug h 60.2260 and the r equire ments of OAC 252:100-17-73. (1) 100 perc ent wood wa ste. (2) 100 perc ent clea

n lumber. (3) 100 perc ent mix ture of only wood waste , clea

n lumber, and/or y ard w aste. (k) Cyclonic barre l bu rners. (l) Rack, part, and drum r eclam ation un its. (m) Cem ent kiln s. Kilns reg ulated under 40 CFR 63, Subpart L L L

, (Na tional Em i s s i o n Standards for Hazardous Air Pollut ants from the Portland Cement Manufa cturing I ndustry ) are not subject to this Part. (n) Sewage slud ge incin er a to rs

. I nciner ation units reg ulated under 40 CFR 60, Subpart O (Standards of

Perfor mance for Sewa g e Tre atment Plants) are not subject to this P art. (o) Chem ical rec overy uni ts. Combusti on units bur ning materia ls to rec over chemica l constituents

or to produce chemica l compounds wher e there is an exis ting commerc ial marke t for such rec overe d chemica l constituents or compounds are not subject to this P art. The seven ty

pes o f u n i t s descr ibed in para g raphs (o)( 1) throug h (7) of this section are considere d chemica l rec overy

units.

112(1) Units burning only pulping liquors (i.e., black liquor) that are rec laimed in a pulping liquor

rec overy proce ss and re used in the pulping proce ss. (2) Units burning only

spent sulfuric a cid used to produc e virg in sulfuric ac id. (3) Units burning only

wood or c oal fe edstock for the produc tion of char coal. (4) Units burning only manufa cturing by produ ct s t rea

ms/residues containing cata ly st metals which ar e re claimed a

nd reuse d as cataly sts or used to produce commerc ial g rade cata ly sts. (5) Units burning only coke to produce purified car bon monox ide that is used as an intermediate in the production of other chemica l compounds. (6) Units burn i n g only hy droca rbon liquids or solids to produce hy drog en, car bon monox ide,
sy nthesis ga s, or other g ases f or use in other

manufa cturing proce sses. (7) Units burning only

photogr aphic f

ilm to recover

silver. (p) Laboratory an alysis uni ts. Units that burn samples of materia ls for the purpose of chemica l or phy sical ana ly sis are not subjec t to this Part.

252:100-17- 64. Em ission lim its On and afte r the date on which the initial perf ormanc e test is completed or i s re q u i red to be compl eted, whicheve r date comes first, no CI SW I subject to this Part shall discharg e i n t o t h e atmosphere from that fac ility any g ases that contain stack emissions in excess of the emission limit s in T able 1 of 40 CFR 60, CCC C, which is here by incorporated by ref ere nce as it exis ts on J uly 1, 2002.

252:100-17- 65. Operating limit s (a) Ex cept for 40 CFR 60.2110(b), a CI SW I shall comply with all of the require ments specifie d 40 CFR 60.2110, 60.2115 and 60.2120 and Table 2 of 40 CFR 60, Subpart CCC C, which are hereby incorpora ted by ref ere nce, a s they

exis t on J uly

1, 2002. (b) The CI SW I must be operated within the operating limit s established during initial perf ormanc e test.

252:100-17- 66. Stand ards for CISWI op erat or tr ainin g and q ualif ication requirem ents (a) The CI SW I opera tor training and qualifica tion re q u i rements in 40 CFR 60.2070, 60.2080, 60.2085, 60.2090, 60.2095 and 60.2100 are here by incorporated by ref ere nce, as they exis t on J uly 1,2002. (b) The ope rator tr aining course must be completed by the latest of the three dates specifie d in (1) throug h (3) of

this parag raph. (1) Dec ember

1, 2005. (2) Six months after CI SW I unit startup. (3) Six months afte r an employ ee assumes responsibility for opera t i n g t h e CI SW I unit or

assumes re sponsibili ty

for supe rvising the operation of the CI SW Iunit.

252:100-17- 67. Stand ards for w aste m anagem ent plans (a) The CI SW I waste manag ement plan require ments in 40 CFR 60.2055 and 60.2065, are here by incorpora ted by ref ere nce, a s they

exis t on J uly

1,2002. (b) The wa ste manag ement plan must be submitted to the DEQ no late r than Apr il 1, 2004.

252:100-17- 68. P erform ance te sting 40 CFR 60.2125 and 60.2130 are here by incorporated by ref ere nce as they exis t on J uly 1, 2002.

252:100-17- 69. Initial com plian ce r equirem ents (a) 40 CFR 60.2135 is hereby incorporated by

ref ere nce, a s it ex ists on J uly 1, 2002. (b) The initial perf

ormanc e test must be conducte d no later than 180 day s afte r the final compliance date or Dec ember

1, 2005, whicheve r is ear lier.

252:100-17- 70. Continu ous com plian ce r equirem ents 40 CFR 60.2145, 60.2150, 60.2155, and 60.2160 are here by incorporated by ref ere nce, as they exis t on J uly

1, 2002.

113252:100-17- 71. Monitoring

40 CFR 60.2165 and 60.2170 are here by incorporated by ref ere nce, as they exis t on J uly 1, 2002.

252:100-17- 72. Report ing an d recor dkeepin g requirem ents Ex cept 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 here by incorporated by ref ere nce, as they exis t on J uly 1, 2002.

252:100-17- 73. P art 70 per m its (a) The owner or operator of a CI SW I

, that is not otherwise a P art 70 source , must submit to the DEQ a complete a

pplication for a

Part 70 opera

ting pe rmit on or befor e De cembe r 1, 2003. (b) 40 CFR 60.2242 is hereby incorporated by

ref ere nce, a s it ex ists on J uly 1, 2002.

252:100-17- 74. Air curt ain in cinerat ors (a) 40 CFR 60.2245, 60.2255 and 60.2260 are here by incorporated by ref ere nce, as they exis t on J uly 1, 2002. (b) After the date the initial stac k test is r equire d or completed (whiche ver is ear lier), the owner or opera tor must meet the limitations in para g raphs ( b)(1) and (2) of this section. (1) The opacity limit ation is 10 perc ent (6-minute av er age), except as descr ibed in para g raph (b)( 2) of this section. (2) The opacity limit ation is 35 perc ent (6-minute aver ag e) during the st artup period that is within the first 30 minutes of opera tion. (c) Ex cept during malfunctions, the require ments of OAC 252:100-17-74(b) apply at all times, and

eac h malfunction must not ex cee d 3 hours.

252:100-17- 75. Com plian ce sc hedul es (a) Ex cept as provided in para g raphs (b) and (c) of this section, the owner or operator of any CI SW I

u nit, including air curtain incinerators, shall comply with all the requirements of this Part or s h al l close the CI SW I unit(s) and take any steps nece ssary to rende r the unit(s) inopera ble by Dec ember 1, 2003. (b) The DEQ may gra n t an ex t ensi on to Dec ember 1, 2005, for closing a CI SW I if the owner or opera tor demonstrates that no waste disposal options exis t other than onsite incineration. The owner or oper ator shall: (1) Submit to the DEQ documentation of the analy ses underta ken to support t h e n ee d for an extension, including an explanation of why 1 y ear afte r approva l of the State plan is not sufficie nt time to close the CI SW I

. (2) Submit to the DEQ an evalua tion of the option to transport the waste offsite to a commerc ial
waste tre atment and/or disposal fa cility on a tempora

ry or per manent 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 Dec ember 1

, 2005, for the installation of air pollution control equipment to comply with the require ments of t his Part provided the owner or operator of the CI SW I : (1) S u b m i t s a final control plan by J anuar y 1, 2004. The final control plan must i n cl u d e a descr iption of the control the source will use to comply with the emission limit ations and other require ments. (2) Achieve s final complian ce with the emission limit ations and other require ments by Dec ember

1, 2005. (d) The owner or opera tor of the CI SW I shall send written notification to the DEQ t o confirm achie vement of the events spec ified in (c) (2) of this section. (1) The notification shall be postmarked no later than 10 business day s afte r the compliance date for the r equire ment. (2) The notifica tion shall include the signature of the owner or oper ator. (e) I f the owner or operator fails to meet any of the compliance require ments specifie d in OAC 252:100-17-75(c ), he shall notify the DEQ in writing within 10 business day s afte r the compliance deadline and continue to submit repor ts eac h subsequent cale ndar month until compliance with that require ment is achieve d. 114252:100-17- 76. CISWI closure

(a) I f the CI SW I unit is closed but will be restar ted prior to Dec ember 1, 2005, the owner or operator shall meet the incr ements of pr og ress spec ified in OAC 252:100-17-75. (b) I f the CI SW I unit i s cl o s ed b u t wi ll be restar ted on or afte r Dec ember 1, 2005, the owner or opera tor shall complete emission control retrof its and meet the emission limitations a nd opera ting limit s on the date the CI SW I unit restarts oper ations. (c) I f the CI SW I unit i s p erma nently closed, the owner or operator shall submit a closure notification, including the date of closure, to the D EQ by

J anuar y 1, 2004.

P ART 11. OTHE R SOLID WAST E INCINERATION UNITS

252:100-17- 90. Ef

fective date ; appli cability (a) This Part ap p l i es t o eac h individual exis ting other solid waste incineration (OSW I ) uni t or air
curta in incinera tor for w hich construc tion was commenc ed on or be fore Dec ember 9, 2004. (b) OSWI units for which construction was commence d afte r Decembe r 9, 2004 are subject to 40 CFR 60, Subpart EEEE. (c) I f the owner or opera tor of an OSWI unit makes chang es that meet the definition of modification

or rec onstruction on or afte r J une 1 6

, 2006, the OSWI unit or air curta in incinerator is no longe r subject to this Part and bec omes subject to 40 CFR 60, Subpart EEEE. (d) I f the owner or operator of an O SW Iunit make s phy sical or operational c hang es to a n exis ting OSWI unit or air curta in incinerator primarily to comply with this Part, such chang es do not qualify as a modification or rec onstruction. (e) Applicability of this Part to air curta in incinerators is in 40 CFR 60.2888, which is incorporated by ref ere nce a s it ex ists on Decembe r 16, 2005.

252:100-17- 91. Defini tions The definitio n s in 40 CFR 60.2977 are here by incorpora ted by ref

ere nce, as they exis t on Dec ember

16, 2005.

252:100-17- 92. Term inology related to 40 CF R For purposes of inter fac ing w ith 40 CFR, the following te rms apply : "Af fected facili ty" is sy

nony mous with "othe r solid waste incinerator (OSWI )" or "O SW I unit" or " air c urtain inciner ator." "Exi sting OSWI" is any unit or air curta in incinera tor for which construction was commence d on or bef ore D ece mber 9, 2004. "Final com plian ce" means that an o wn er/operator has completed all proce ss chang es and retrof it of control device s so that, when the incineration unit beg ins ope ration, all proce ss chang es and air pollution control devices nec essar y to meet the emission limit ations opera te as de signe d.

252:100-17- 93. Exem ptions This Part does not apply to the ty pes of units descr ibed in OAC 252:100-17-93(1) throug h (16) if the owne r or ope rator me ets the re quirements of this Section. (1) Cem ent kiln s. T h e u n i t is excluded if it is reg ulated under 40 CFR 63, subpart L L L (Na ti o n al Emission Standards for Hazardous Air Pollut ants from the Portland Cement Manufa cturing I ndustry

). (2) Co-fired com bus tors. The unit, that would otherwise be considere d a very small municipal
waste combustion unit, i s ex cl uded if the owner or operator of the unit meets the five require ments specifie d in OAC 252:100-17-93(2) (A) thr oug h (E). (A) Has a Fe dera lly enfor cea ble permit limit ing the combustion of municipal solid waste to 30% of the total fue l input by weig ht. (B ) Notifies the Dire ctor that the unit qualifies f or the e x clusion. (C) Provides the Administrator with a c opy of the fe dera lly

enfor cea ble per mit. (D) Records the weig hts, eac h cale ndar quarte r, of municipal solid waste and of all other fuels combusted.

115(E) Kee ps eac h repor t for 5 y ear s. These rec ords must be kept on site for at least 2 y ear s, but may be kept of

f site for the rema ining 3 y ear s. (3) Cogener ation facili ties. The unit is excluded if it meets the three require ments specifie d in OAC 252:100-17-93(3) (A) thr oug h (C). (A) The unit quali fi es as a cog ener ation fac ility under section 3(18)( B) of the Fe dera l Power Ac t (16 U.S.C. 796(18)(B )). (B ) The unit burns homoge neous waste (not including ref use-deri v ed fuel) to produce el ec t ricity and steam or other forms of ener g y used for industrial, commerc ial, heating

, o r cooling purposes. (C) The owner or operator of the unit notifies the Direc tor that the unit meets all of these criter ia. (4) Com m erc ial and ind ustrial solid was te incineration uni ts. The unit is excluded if it i s reg ulated under 40 CFR 60, subparts CCC C or DDDD or 40 CFR 62, subpart I I I and is require d to meet the emission limit ations established in those subparts. (5) Hazardous was te com bus tion uni ts. The un i t i s ex cl u ded if it meets either of the two criter ia spec ified OAC 252:100-17-93( 5)(A) or (B ). (A) The owner

/opera tor of the unit is require d to ge t a per mit for the unit unde r section 3005 of the Solid W aste Disposal Ac t. (B ) The unit is reg ulated under 40 CFR part 63

, subpart EEE (Na tional Emission Standards for

Hazardous Air

Pollut ants from Ha zardous Waste Combust ors). (6) Hospi tal/m edical/inf ec tious was te incinerators. The unit is excluded if it is reg ulated under 40 CFR 60, subparts Ce or Ec (Ne w Source Perfor mance Standards and Emission Guidelines for Hosp i t al / M edical/I nfec tious Waste I nciner ators) or 40 CFR 62, subpart HHH (F eder al Plan for Hospital/Medical/ I nfec tious Waste I nciner ators constructe d on or befor e J une 20, 1996). (7) Ru ra l institution al was te incinerators. The incineration unit is excluded if it i s an instit utional waste incinerator, as define d in OAC 252:100-17-91, and the application for exclusion described in OAC 252:100-17-93( 7)(A) and (B ) has be en appr oved by the Dire ctor. (A) Prior to 1 y ear befor e the final compliance date, an application and supporting documentation demonstrating that the instit utional waste incineration unit meet s t h e t wo require ments specifie d i n OAC 252:100-17-93(7) (A)( i) and (ii) must be submitt ed to the Direc tor for a

pproval. (i) The unit is located more than 50 miles from the boundary of the near est Metropolitan Statist ical Ar ea, (ii) Alterna tive disposal options are not ava ilable or a re e conomically

infea sible. (B ) The application descr ibed i n OAC 252:100-17-93(7) (A) must be revised and resubmitted t o the Director for approva l ever y 5 y ear s following the initial approva l of t he exclusion for the unit. (C) I f the owner or opera tor re- applied for an exclusion pursuant to OAC 252:100-17- 93(7)( B) and was denied exclusion by the Direc tor, the owner or operator has 3 y ear s from the expiration date of the curr ent exclusion to comply with the emission limit s and all other applicable require ments of this subpart. (8) Institution al boilers and proce ss heater s. The unit is excluded if it is reg ulated under 40 CFR part 63, subpart DDD DD (Na tional E mission Standards for Hazardous Air Pollut ants for I ndustrial, Commercial, and I nstitut ional Boiler s and Proce ss Heate rs). (9) Laboratory Analysis Units. The unit is excluded if it burns samples of materia ls only for the purpose of

chemica l or phy sical ana ly sis. (10) Mate rials rec overy uni ts. The unit is excluded if it combusts waste for the primary purpose of

rec overing metals. Examples include primary and sec ondary

smelters. (11) P athological was te incineration uni ts. The instit utional waste incineration unit or very small municipal waste combustion unit is excluded from this subpart if it burns 90% or more by weig ht (on a c alenda

r quar ter ba sis and excluding the we ight of auxil iary fuel a nd combustion air) of patholog ical waste, low-leve l r a d io a c ti v e w a s te

, a n d /o r c hemothera

peutic waste as define d in O AC 252:100-17-91 and the owner or oper ator of the unit notifies the Direc tor that the unit meets these c riteria.

116(12) Sm all or l arge m uni cipal was te com bus tion uni ts. The unit is excluded if it is

reg ulated under 40 CFR 60, AAAA, BB BB

, Ea, Eb, or Cb, 40 CFR 62, subparts FF F or J J J and is require d to meet the emission limit ations established in those subparts. (13) Sm all pow er pro d u ct i o n f a cil ities. The unit is excluded if it meets the three require ments specifie d in OAC 252:100-93(13)( A) throug h (C). (A) The unit qualifies as a small power -produc tion fac ility under section 3(17)( C) of the Fe dera l Power Ac t (16 U.S.C. 796(17)(C)). (B ) T h e u nit burns homoge neous waste (not including ref use-de rived fuel) to produce elec tricity

. (C) The owner or operator of the unit notifies the Direc tor that the unit meets all of these criter ia. (14) Tem porary-use incinerators and air curtain incinerators used in disaster rec overy. The incineration unit i s ex cluded if it is used on a temporar y basis to combust debris from a d isaster or emer g ency such as a tornado, hurrica ne, flood, ice storm, high winds, or act o f bioterror ism and complies with the require ments in 40 CFR 60.2969. (15) Units that com bus t contraband or prohib ited goods. The in c in e r a ti o n u n it is excluded if the unit is owned or operated by a g overnme nt agen cy such as police, customs, ag ricultural inspection, or a simil ar ag ency to destroy only illega l or prohibited g oods such as illega l drug s,

or ag ricultural food products that can not be transporte d into the country or acr oss state lines to
preve nt biocontamination. The exclusion does not apply to i t em s ei t her confiscated or incinera ted by

private, industrial, or c ommercia l entities. (16) Incinerators used for national security. The incine ration unit is ex cluded if it mee ts the re quirements spec ified in either O AC 252:100-17-93(A) or (B ). (A) The incinera tion unit is used solely during milit ary training field exercises to destroy national sec urity

materia ls integr al to the field e x erc ises. (B ) The incine ration unit is used solely to incinera te national sec urity materia ls, its us e is nece ssary to safe g uard national secur it y , the owner or opera tor follows the exclusion

reque st requirem ents in OAC 252:100-17-93(16) (B )(i) and (ii), and the Direc tor has

approve d the re quest for e x clusion. (i) The reque st for exclusion and supporting documentation must demonstrate both that

t h e i n ciner ation unit is used solely to destroy national secur ity materia ls and that a reliable alternative to incineration that ensure s acc eptable destruction of national s e c u r ity materia ls is unavailable, on either a per manent or te mporary

basis. (ii) The reque st for exclusion must be submitt ed to the Direc tor prior to 1 y ear befor e the final complianc e date

.

252:100-17- 94. Em ission lim its On and afte r the date on which the initial perf orm an ce t est is completed or is require d to be completed, whichever d at e comes first, no OSWI subject to this Part shall discharg e into the atmosphere from that fac ility any g ases that contain stack emissions in excess of the emission limit s i n Table 1 of 40 CFR 60, EEEE. Table 1 of 40 CFR 60, Subpart EEEE is here by incorporated by ref ere nce a s it ex ists on Decembe r 16, 2005.

252:100-17- 95. Operating limit s (a) Ex cept for 40 CFR 60.2916(b), an OSWI shall comply with all of the require ments specifie d in 40 CFR 60.2916, 60.2917 and 60.2918 and Table 2 of 40 CFR 60, subpart EEEE, which are here by incorpora ted by ref ere nce, a s they

exis t on Dece mber 16, 2005. (b) The OSWI must be operated within the operating limit s established during initial per formanc e test beg inning on the da

te 180 day s after

final complianc e date

. (c) The final compliance date can be no later t h an 3 y ea rs afte r the eff ective date of State plan

approva l or Dec ember

16, 2010, whicheve r is ear lier.

252-100-17- 96. Stand ards for OS WI operator training an d qu alif ication requirem ents (a) The OSWI operator training and qualifica tion require ments in 40 CFR 60.2905, 60.2907, 60.2908, 60.2909, 6 0

. 2 9 1 0 except for 60.2910(b)( 1), and 60.2911 are here by incorporated by

117ref

ere nce, a s they

exis t on Dece mber 16, 2005. (b) The operator training course must be completed by the latest of the three dates specifie d in OAC 252:100-17-96(b) (1) throug h (3). (1) Final Compliance date. (2) Six months after O SW I unit startup. (3) Six months afte r an employ ee of the owner /opera tor assumes responsibility for operating the OSWI unit or assumes re sponsibili ty for supe rvising the operation of the OSWI unit. (c) The initial review

of docume ntation r equire d to be kept on site as require d in 40 CFR 60.2910 must be conducte d by

the latest of thre e date s specifie d in OAC 252:100-17-96(c )(1) throug h (3). (1) Final Compliance date. (2) Six months after O SW I unit startup. (3) Six months afte r an employ ee assu mes responsibility for operating the OSWI unit or assumes responsibility

for supe rvising the operation of the OSWI unit.

252:100-17- 97. Waste M anagem ent P lans Unless otherwise exempted, the owner or oper at o r o f an OSWI unit subject to this Part shall submit a waste manag ement plan, a s specifie d in 40 CF R 60.2899 and 60.2901, to the Direc tor no later than 60 day s following t h e i n i tial perf ormanc e test as specifie d in OAC 252:100-17-98 and 252:100-17-99. Parts 60.2899 and 60.2901 of Title 40 of CFR are here by incorporated by ref ere nce as they exis t on Dece mber 16, 2005.

252:100-17- 98. P erform ance te sting Parts 60.2922 and 60.2923 of Title 40 of CFR are here by incorpora ted by ref ere nce as they exis t on Dec ember

16, 2005.

252:100-17- 99. Initial com plian ce r equirem ents (a) The owner or operator must conduct an initial perf ormanc e test, as require d under 40 CFR 60.8,
to deter mine compliance with the emission limit ations in Table 1 of 40 CFR 60 subpart EEEE and
to establish opera ting limit s using the proce dure in 40 CFR 60.2916 o r 6 0

. 2 9 1 7 except for 60

. 2916(b). The initial perf ormanc e test must be conducted usi ng the t est methods listed in Table 1 of 40 CFR 60 subpar

t EEEE and the pr ocedur es in 40 CFR 60.2922. (b) The initial perf

ormanc e test must be conducte d no later than 180 day s afte r the final compliance date.

252:100-17- 100. Continu ous com plian ce r equirem ents Part s 6 0.2932, 60.2933, 60.2934, and 60.2935 of Title 40 of CFR are here by incorporated by ref ere nce, a s they

exis t on Dece mber 16, 2005.

252:100-17- 101. Monitoring (a) Ex cept 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 here by incorp orate d by ref ere nce as they exis t on Dec ember

16, 2005. (b) The initial evalua tion of the CEMS shall be completed within 180 day s afte r the final compliance date in OAC 252:100-17- 106(a)

252:100-17- 102. Report ing an d recor dkeepin g requirem ents (a) Parts 60.2949, 60.2950, 6 0

. 2 951, 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 here by incorporated by ref ere nce as they exis t on Dec ember

16, 2005. (b) The owne r or ope rator of an OSWI must also submi t a waste manag ement plan as spec ified in OAC 252:100-17-97.

252:100-17- 103. P art 70 per m its The owner or opera

tor of an O SW Ithat does not meet re quirements for exemption as l isted in 252:100-17-92 must submit to the Direc tor a complete application for a Part 70 operating permit on or bef ore D ece mber 1, 2008. 118252:100-17- 104. Requirem ents for tem porary-use incinerators and ai r curt ain in cinerat ors used in disaster re cover y Part 60.2969 of Title 40 of CFR is here by incorporated by ref ere nce as it exis ts on Dec ember 16, 2005.

252:100-17- 105. Air curtain incinerators that burn only wood was te, clean lumber , and yard

was te (a) Parts 60.2970, 60.2971 exc ep t fo r 60.2971(a)

, 60.2972, 60.2973 except for 60.2973(a)

, and 60.2974 of Title 40 of CFR are here by incorpora ted by ref ere nce as they exis t on Dec ember 16, 2005. (b) Wit hin 180 day s afte r the final compliance date, the two limit ations specifie d in para g raphs OAC 252:100-17-105(b) (1) a

nd (2) must be met. (1) The opacity limit ation is 10 perc ent (6 minute Method 9 block aver ag e), except as descr ibed in para g raph ( b)(2) of this section. (2) The opacity li mitation is 35 perc ent (6-minute aver ag e) during the startup period that is within the first 30 minutes of opera tion. (c) Ex cept during malfunctions, the require ments of OAC 252:100-17-105(b) apply at all times, and

eac h malfunction must not ex cee d 3 hours.

252:100-17- 106. Com plian ce sc hedul es (a) The final compliance date ca n b e n o l ater than 3 y ear s afte r the eff ective date of State plan

approva l or Dec ember

16, 2010, whicheve r is ear lier. (b) The owner or opera tor must submit a notificatio n t o the Direc tor stating whether final compliance has been achie ved, postmarked within 10 business day s afte r the final compliance date.

252:100-17- 107. OSWI closu re (a) I f the OSWI unit is closed but will be restar ted prior to final compliance date as contained in OAC 252:100-17-106(a ), the owne r or ope rator sha ll meet the final c ompliance da te. (b) I f the OSWI unit is closed but will be restar ted on or afte r the final compliance date specifie d in OAC 252:100-17-106(a ), the owner or operator shall complete emission control retrof its and meet the emission limit ations and opera ting limit s on the d at e t h e OSWI unit restar ts operations. An initial performa

nce te st must be conducted within 30 day s of re starting an OSWI unit. (c) I f the OSWI unit is perma nently closed, it must be closed befor e the final compliance date specifie d in OAC 252:100-17-106(a ) and the owner or operator shall submit a closure notification, including the date of

closure, to the D irec tor by the final c ompliance da te.

252:100-17- 108. Equ ations Equations to use when calc ulations are require d to comply with this Part are contained in 40 CFR 60.1975, which is here by

incorpora

ted by ref ere nce a s it ex ists on Decembe r 16, 2005.

SUBCHAPTER 19. CONTROL OF EMISSI ON OF P ARTICULATE MATTER

Section 252:100-19-1. Purpose 252:100-19-1.1.De finitions 252:100-19-2. Emission of particulate ma tter prohibited [REVOKED] 252:100-19-3. Ex isting equipment [REVOKED] 252:100-19-4. Allowable pa rticulate ma tter emission rates f rom fuel- burning units 252:100-19-5. Refuse bur ning pr ohibited [ REVOKED] 252:100-19-6. Allowable e mission of particulate matter [R EVOKED ] 252:100-19-7. Particulate ma tter emission limi ts [ REVOKED] 252:100-19-10. Allowable particula te matter emission rate s from indirectly fired wood fuelburning units 252:100-19-11. Allowable particula te matter emission rate s from combined wood fuel and fossil i. 119fuel fir ed steam ge nera ting units 252:100-19-12. Allowable particula te matter emission rate s from direc tly fired fuel-bur ning units and industrial proc esses 252:100-19-13. Permit by rule

252:100-19- 1. P urpose The purpose of this Subchapter is to control the e mission of particulate matter

.

252:100-19- 1.1. Defini tions The following words and terms, when used in this Subchapter

, shall have the following meaning unless the context clear ly indicates other

wise: "Cond ensable particulate m atte r" means materia l that is vapor phase at stack conditions, but which conde nses and/or r eac ts upon cooling a nd dilution i n the ambient air to f orm solid or liquid particula te matter immediately afte r discharg e from t h e s t ac k

. Condensable particula te matter is considere d PM-2.5. "Filte rable particulate m atte r" means particle s that are direc tly emitted by a source as a solid or liquid at stack or r elea se conditions and ca ptured on the f

ilter of a sta ck test train. "Fuel-Burning uni t" means any int e r nal combustion eng ine or g as turbine, or other combustion device used to conve rt the combustion of fue l into usable ener g y

. "Fossil fu el" means c oal, petrole um, natural g as, or a ny fuel de rived fr om coal, petroleum, or natura l ga s. "Hau l road" means a road on private proper ty used to transport materia l o r equipment by motoriz ed vehic les. "In dus trial process" means any s ource , activity or equipment, excluding fuel-bur ning units, which can rea sonably be expected to e mit par ticulate matter. The term includes, but is not limit ed
to crushing

, milli ng , scre ening

, mix ing and convey ing. The t er m does not include maintenanc e activities unless maintenanc e is the primar y activity of the fa cility

. "Par ticulate m atte r facili ty" means a fac ility from which particula te matter is the predominant

em ission, excluding fug itive emissions and emissions resulting from control equipment malfunctions. "Total particulate m atte r" means the sum of all filterable and condensa ble particula

te matter emitted to th e ambi ent air as measure d by applicable ref ere nce methods, or an equivalent or alterna tive method. "Wood fu el" means any fuel which

, ex cl u d i n g air and water

, is at l east 80 perc ent by weig ht cellulose, hemicellulose and lignin, and has a heat value of less than 9,500 BTU per pound; or any wood der ived fue l as approve d by the Division.

252:100-19- 2. Em ission of p artic ulate m atte r prohibited [REVOKED]

252:100-19- 3. Existin g equip m ent [REVOK ED]

252:100-19- 4. Allow able particulate m atte r em ission rate s from fu el-burnin g uni ts Ex cept as provided in 2 5 2 :100-19-10, 252:100-19-11 and 252:100-19-12 the emission of particula te matter resulting from the combustion of fuel in any new or exis ting fuel-bur ning unit shall not exceed the limits specified in Appe ndix C.

252:100-19- 5. Refuse bu rning p rohibited [REVOKED]

252:100-19- 6. Allow able em ission of p artic ulate m atte r [R EVOKED]

252:100-19- 7. P artic ulate m atte r em ission lim its [REVOK ED]

252:100-19- 10. Allow able particulate m atte r em ission rate s from ind irec tly fi red wood fu elburni ng un its The emission of particula te matter resulting from the combustion of wood fuel in any new or

120exis ting indire ctly fired f uel-burning unit shall not ex cee d the limits specifie d in Appendix D.

252:100-19- 11. Allow able part iculate m atte r em ission rate s from com bin ed wood fu el and

foss il f uel f ired steam generat ing u nits Any combined wood fuel and fossil fuel fired steam g ener ating unit with a maxi mum desig n heat input of more than 250 milli on BTU s per hour which commence d construction afte r Marc h 4, 1978, shall not emit tot al par

ticulate matter

in excess of 0.1 pound per million BTUs

252:100-19- 12. Allow able particulate m a t t e r e m is s ion rate s from direct ly fi red fu el-burnin g

uni ts and in dus trial proce sses The e mission of particulate matter from any new or exis ting dire ctly

fired f uel-burning unit or from any emission point in an industrial process shall not exceed the limit s specifie d in Appendix G.

252:100-19- 13. P erm it by rule (a) Appli cability. Any particula te matter fac ility may be constructe d or operated under this section if: (1) it meets the requir ements in 252:100-7-60, a nd (2) it is not subject to any New Source Perfo rmanc e Standard (NSPS), National Emission Standard for Hazardous Air Pollut ants (NESHAP), Maxi mum Achieva ble Control Tec hnology (MACT) standa

rd or other

Permit by

Rule (PBR). (b) Requirem ents. I n addition to the require ments of 252:100, the owner or operator of a particula te matter fa cility

permitted under

this section shall comply with the following require ments. (1) All water spray s, bag houses, cy clones, or othe r par ticulate matter

control equipment shall be prope rly

maintained and ope rate d. (2) Haul roads and materia l piles shall be water ed or trea ted as nece ssary to minimi ze emissions of fug itive dust.

SUBCHAPTER 21. P ARTICULATE MATTER EMISS IONS FROM WOOD-WASTE BURNING

EQUIPM ENT [REVOKED]

Section 252:100-21-1. Purpose [REVOKED] 252:100-21-2. Emission prohibit ion [ REVOKED] 252:100-21-3. L imitations [AMENDED AND RENU MBERED TO 252:100-19-11] 252:100-21-4. Allowable e missions [R EVOKED ] 252:100-21-5. Emission l imits [AMENDED AND RENU MBERED TO 252:100-19-10]

252:100-21- 1. P urpose [REVOKED]

252:100-21- 2. Em ission prohib ition [REVOKED]

252:100-21- 3. Limit ations [AMENDED AN D RENUM BERED TO 252:100-19- 11]

252:100-21- 4. Allow able em ission s [REVOKED]

252:100-21- 5. Em ission lim its [AM ENDED AND RENU MBERED TO 252:100-19-10]

SUBCHAPTER 23. CONTROL OF EMISSI ONS FR OM COTTON GINS

Section 252:100-23-1. Purpose 252:100-23-2. Def

initions 252:100-23-3. Applicability , g ener al re quirements 252:100-23-4. Visible emissions (opacity ) limit

121252:100-23-5. Emission control equipment

252:100-23-6. Fug itive dust controls 252:100-23-7. Permit by

rule

252:100-23- 1. P urpose The purpose of this Subchapter is to control e missions from cotton g ins.

252:100-23- 2. Defini tions The following words and terms, when used in this Subchapter

, shall have the following meaning

, unless the context clear ly indicates other

wise: "Cotton gin" means any fac ility that remove s seed, lint, and trash from raw cotton and bales of lint cotton for further proce ssing. Eac h equipm ent exhaust, including the trash and burr hopper, located a t a cotton g in shall be consider ed an individual proc ess emission source. "Exi sting gin" means a g in which was in exis tence and h ad s u b m i t t ed curr ent emission inventories to the Division for the most rec ent two g inning seasons and was in possession of a valid annual r enew able f

ee r ece ipt prior to May

1, 1993. All other g ins shall be considere d "ne w"

. "Gin site" means the land upon which a cotton g in is lo ca t ed and all contig uous land having

common owner ship or use. "Hi gh eff

iciency cyclone" means any cy cl o ne ty pe collector of the 2D-2D or 1D-3D config urat i o n. These desig nations ref er to the ratio of cy

linder to cone leng th, wher e D is the diameter of the cylinder portion. A 2D- 2D cy clone would exhibi t a cy linder leng th of 2 x D and a

cone leng th of 2 x D (90 perc ent collection eff iciency ). A 1D-3D cy clone would exhibi t a cy linder leng th of 1 X D a

nd a cone leng th of 3 x D (95 pe rce nt collection ef ficienc y ). "Hi gh pressure exhaus ts" means the exhaust cotton handling air sy stems located at a cotton
g in which ar e not def

ined as " low pressure exhausts". "Low pressure exhausts" means the exhaust air sy stems at a cotton g in which handle air from the cotton lint handling sy stem and batter y condense r.

252:100-23- 3. Appli cability, general re qui rem ents (a) Appli cability. Effe ctive May 1, 1993, the p ro v i s ions of this Subchapter are applicable to all

new, m o d i fi ed

, and exis ting cotton g ins operating in the State of Oklahoma. Cotton g ins in compliance with this Subchapter are exempt from the require ments of 252:100-25, 252:100-19-12, and 252:100-29. (b) Ge neral re qui rem ents. (1) P erm its required. I n addition to the require ments of this Subchapter

, eac h new or modified cotton g in shall comply

with the permitting r equire ments of OAC 252:100-7. (2) Air toxics em ission s. The require ments of this Subchapter are in addition to any which may be re quired unde r 252:100-41. (3) Rec ordkeeping. The owner or operator of a cotton g in shall maintain a log documenting the daily proce ss weig ht and hours of operation

. Air emi s s ion control equipment repla ceme nt/repair
costs shall also be rec orded. These rec ords shall be maintained for a period of two y ear s and shall be made available for inspec tion by DEQ pe rsonnel during normal business hours. (4) Test m ethods. (A) Visible emissions testing s h a ll b e c o n d u c te d u s ing EPA ref

ere nce method 9 contained in 40 CFR P ar t 6 0

, Appendix A

. Testing shall be perf ormed by a Certified Visible Emissions Evaluator. (B ) Dispersion modeling for PM-10 shall be p e r f o r me d u s in g an EPA approve d modeling method.

252:100-23- 4. Visibl e em ission s (opacity) and particulates (a) Opacity lim it. No person shal l allow the discharg e of any fumes, aer osol, mist, g as, smoke,

vapor, particula te mat t er o r any combination there of exhibi ting g reater than 20% opacity

. This require ment shall not apply to visible emissions exhibi ting g reater than 20% opacity emitted during short-term occur

renc es, which consist of not more than one six -minute period in any consec utive 60 minutes, not to exceed three such periods in any consec utive 24 hours, during which the aver ag e of

122any

six -minute period sha ll not ex cee d 60% opac ity

. (b) Alter native opacity lim i t. The 20% opacity limit as require d under 252:100-23-4(a ) may be incre ased for particula tes only provided that the owner or operator demonstrates to the satisfac tion of the Air Quality Council at public hear ing that those require ments l i s ted in 252:100-25-4(a ) throug h (c) have be en met. (c) PM- 1 0 emi s s ions lim it. No cotton g in shall be operated so as to cause or contribute t o a violation of the PM-10 ambient air quality standards or any other ambi ent air quality standard established in 252:100-3.

252:100-23- 5. Em ission control e qui pm ent (a) Low pressure e xhaus ts. For emission control from low pressure exhausts, the use of scre ens with a mesh siz e of 70 by 70 or finer (U.S. Siev e)

, o r t h e u se of perf orate d condense r drums with holes not exceeding 0.045 inches in diameter or equipment of equivalent desig n eff ici ency as deter mined by the Executive Direc tor shall be re quired. (b) High pressure exhausts. For emission control from high pressure exhausts, the use of 2D-2D
cy clones shall be require d for exis ting g ins. Ex isting g ins shall install and use 1D-3D cy cl o n e collector s or equivalent when the capital cost of repa ir or repla ceme nt of the exis ting 2D-2D cy clone exceeds 50% of the capital cost of a new 1D-3D cy clone. New or modified cotton g ins shall utiliz e

a 1D-3D cy clone collector or equipment of equivalent collection eff iciency upon commence ment of oper ation. (c) Burr hopp ers. For emission control during dumping, burr hoppers at exis ting g in sites located within the corpor ate city limit s of any city or within 300 fee t of two or more occupie d establishmentsmust be tot ally enclose d. All new g in sites shall inst all and use a total enclosure on the burr hoppe r.

252:100-23- 6. F ugitive du st contr ols (a) For control of fug itive dust, no person shall allow the handling , transporting , or disposition of
any substance or materia l that is likely to be scatter ed by the air or wind, and no person shall opera te

or maintain any g in site, open are a, rig ht-of-w ay , storag e pile or materia ls, vehicle, or construction,
or any other enter

prise which involves any materia l or substance likely to be scatter ed by the wind or air, that would be cl assified as air poll ution without taking rea sonable preca utions to minimi ze atmospheric pollution. (b) No person shall allow the discharg e of any visible f ug itive dust e missions beyond the proper ty line on which the e missions orig inate.

252:100-23- 7. P erm it by rule (a) Appli cability. Any

new or exis ting f

acility may

be construc ted or ope rate d under this sec tion if it meets the require ments of 252:100-7-60(a ), (b ), an d (c ) and has the Standard I ndustrial Classification (SI C) code 0724 Cotton Ginning

. (b) Requirem ents. (1) I n addit ion to the require ments in 252:100-7-60(a ), (b), and (c)

, an owner or operator of a fac ility subject to this section shall comply with all of the re quirements of this Subchapter

. (2) Maxi mum production rate of a fac ility subject to this section shall be 36,000 bales per y ear

.

SUBCHAPTER 24. P ARTICULATE MATTER EMISS IONS FROM GR AIN, F EED OR SEE D OP ERATIONS

Section 252:100-24-1. Purpose 252:100-24-2. Def

initions 252:100-24-3. Applicability , g ener al re quirements 252:100-24-4. Visible emissions (opacity ) limit 252:100-24-5. Certifica tion 252:100-24-6. Fug itive dust controls 252:100-24-7. Permit by

rule

123252:100-24- 1. P urpose

The purpose of this Subchapter is to control emissions from fac iliti es tha t handle, store or proce ss g rains, fe eds or se eds.

252:100-24- 2. Defini tions The following words and terms when used in this subchapte r, shall have the following meaning

, unless the context clear ly indicates other

wise: "En closed Gr ain Handli ng Equip m ent" means equipment that is totally self-c ontained or is enclose d within a structure at a g rain, fee d, or seed fac ility

. Emissions from this equipment shall not be exhausted t o t h e atm osphere except throug h non-pre ssurized vents/opening s, and shall not be considere d a sourc e subjec t to emission calculations. "Grain, F eed, or Seed F acility" means the contig uous or adjac ent are a under common control

upon which a g rain eleva tor, fee d mill, or g rain and seed proce ssing equipm en t o r structure s are located, a nd all contig uous sites having common control. "Grain, Fee d, or S eed Op erat ion" means any fac ility or i nstallation at which g rain, feed, or seed is loade d, handled, c leane d, dried, store d, trea ted, or other wise proc essed. "Leg Capacity" means t h e m ax imum proce ss rate for which the manufa cture r desig ns the eleva ting por

tion of a g rain, fe ed, or se ed fa cility on a per leg basis. "Load ing-out hours of operation" means the hours calc ulated by dividing the cumulative total quantity loaded out for a g iven time period b y 75% of the rate d leg capa city

. This quotient is equivalent hours (not actua l hours) of operation require d to proce ss the materia l loaded out. Actual leg capa city may be adjusted to more or less than 75% by individual fac iliti es if documentation supporting the proposed a djustment is s ubmitted to and approve d by the Division Director

. "Non-pressurized Vent or Openin g" means any vent or opening which allows the emissions of air and/or contaminants at pressure s substantially equivalent to atmospheric pressure without the use of mec hanica lly -induce d air flow. "Pr essurized Vent or Openin g" means any vent or opening which allows the emissions of air and/or contaminants at p ressure s g reater than atmospheric pressure indicating the use of mecha nically -induce d air flow. "Rece iving hours of operation" means hours calc ulated b y d i v i ding the cumulative total

quan t i t y re ce i ved for a g iven time period by 75% of the rate d leg capa city

. This quotient is equivalent hours (not actua l hours) of operation require d to proce ss the mater ial rec eived. Actual leg capa city may be adjusted to more or less than 75% by individual fac iliti es if documentation supporting the proposed a djustment is s ubmitted to and approve d by the Division Director

. "Total hours of operation" means the sum of the rec eiving hours of operation and the loading
out hours of operation. Actual hours may be less since rece iving and loading -o u t o p er ati ons may

occur simult aneously

.

252:100-24- 3. Appli cability, general re qui rem ents (a) Appli cability. The provisions of this Subchapter are ap p l i cable to all new, modified, and exis ting g rain, fe ed, or se ed fa cilities in the St ate of Oklahoma. (1) Fa cilities in compliance with 252:100-25, 252:100-19-12, and 252:100-29 are not require d to comply with this S ubchapte r. (2) Fa cilities in compliance with this Subchapter are exempt from the require ments of 252:100- 25 (visible emissions), 252:100-19-12 (proc ess weig ht), and 252:100-29 ( fug itive dust). (b) Ge neral re qui rem ents. (1) P erm its required. I n addition to the require ments of this subchapter, e ach ne w, modified

or exis ting g rain, fee d, or seed fac il i t y shall comply with the permitting require ments of 252:100-7 or 252:100-8. (2) Air toxics em ission s. Gra in, fee d, or seed fac iliti es that emit tox ic air pollutants specifie d in 252:100-42 are subject to all applica ble re quirements conta ined there in. (3) Rec ord-keeping. The owner or operator of a fac ility shall maintain a daily log documenting commodity rec eipts and load-outs and hours of operat i o n for eac h. These rec ords shall be mai n t ained for a period of two y ear s and shall be made available for inspection by the DEQ during normal business hours.

124(4) Visibl e em ission s test

. Vis i b l e em i ssions (opac ity ) t esting shall be conducted usi ng EPA

ref ere nce method 9 contained in 40 CFR, Part 60, Appendix A and m u s t b e p erformed by a Certified Visible Emission Evaluator. (5) Det erm ination of em ission s. Emissions from g rain, fee d, or seed fa ci l ities shall be deter mined by the best available data. This may include actua l emissions as deter mined by stack testing, mass balanc e calc ulations, emission calc ulations using approve d published emi s s i o ns fac tors, or any

other re asonably

acc urate method approve d in advanc e by the DEQ.

252:100-24- 4. Visibl e em ission s (opacity) lim it (a) Opacity lim it. No person shall allow the discharg e of any fu m es, aer osol, mist, g as, smoke,

vapor, particula te m at t er or any combination there of exhibi ting g reater than 20% opacity

. This require ment shall not apply to visible emissions exhibi ting g reater than 20% opacity emitted during short-term occur

renc es, which consist of not more than one six -minute period in any consec utive 60 minutes, not to exceed three such periods in any consec utive 24 hours, during which the aver ag e of
any six -minute period sha ll not ex cee d 60% opac ity

. (b) Alter nate opacity lim it. T h e 2 0 % opacity limit require d under 252:100-24-4 (a) may be incre ased for particula tes only provided that the owner or operator demonstrates to the satisfac tion of the Air Quality Council at pu b l i c h ear ing that those require ments listed in 252:100-25-4 (a) throug h (c) have be en met. (c) Exceptions. Ex ceptions to the 20% opacity limit descr ibed in 252:100-24-4 (a) are provided as follows: (1) Visible emissions from loading -out (shipping) shall be no more tha n s ixt y

- f iv e perc ent (65%)

op a c it y , and visible emissions from unloading (re ceiving ) shall be no more than fifty -five perc ent (55%) opacity

. (2) Emissions from pressurized vents or opening s without control device s shall either be enclose d, exhausted throug h a control device

, or shall be limited to no gr eate r than ten perc ent (10%) opacity

. (3) Emissions from non-pre ssurized vents or opening s without control device s shall be limit ed to no gr eate r than 10% opa city

.

252:100-24- 5. Cer tification (a) Initial cer tification. Any g rain, fee d or seed fac ility in exis tence on September 28, 1994, shall provide wr itten cer

tification of complianc e with this subc hapter by September 28, 1995, or within six months of rec eiving an initial cer tification form fr om DEQ. (b) Annu al cer tification. The owner , operator or other desig nated responsible party of a g rain, fee d

or seed fac ility shall submi t al o n g with the annual emissions inventory

, an annual cer tification of quantities rec eived a

nd loaded- out.

252:100-24- 6. F ugitive du st contr ols (a) All fac iliti es will take rea sonable prec autions to preve nt the di s ch ar ge of any fug itive dust emissions bey ond the prope rty line from which the emissions originate

. (b) No persons shall allow fug itive dust emissions bey ond the proper ty line in suc h a manner as to damag e or to interf

ere with the use of a djace nt properties. (c) All fac iliti es shall make best eff orts to reduc e fug itive dust emissions during load-out by minimi zing the distance from the load- out spout to t he top of the r ece iving ve ssel.

252:100-24- 7. P erm it by rule (a) Ap p l i cability. Any new or exis ting source may be constructed or operated under this section if it meets the require ments of 252:100-7-60(a ), (b), and (c) and has the Standard I ndustrial Classification (SI C) code 5153, G rain a nd Field B eans. (b) Requirem ents. (1) I n addition t o the require ments in 252:100-7-60(a ), (b), and (c)

, an owner or operator of a fac ility subject to this section shall comply with all of the require ments of this Subchapter

, with the exception of 252:100-24-5( a) a nd (b). (2) The total annual emissions of PM-10 shall be calc ulated usin g the equation provided in

125Appendix L , which wa s derived f rom AP-42 9.9.1, Gra in Elevators a nd Processe s. (3) For g rain storag e eleva tors located at any whea t flour mill, wet corn mill, dry corn mill, rice mill or soy

bean oil extra ct i o n p lant, with a perma nent g rain storag e capa city of 35,200 m , or 3

g rain terminal eleva tors with a perma nent storag e capa city of more than 88,100 m , which have 3

commence d construction, modification, o r r econstruc tion afte r Aug ust 3, 1978, the require ments of 40 CFR, Part 60, Subpart DD are also applica ble.

SUBCHAPTER 25. VISIBLE EMISSI ONS AND P ARTICULATES

Section 252:100-25-1. Purpose 252:100-25-2. Gene ral prohibition 252:100-25-2.1. Def

initions 252:100-25-3. Opac ity

limit 252:100-25-4. Alterna tive for pa rticulates 252:100-25-5. Continuous emis sion monit oring for opa city

252:100-25- 1. P urpose The purpose of t his Subchapter is to control vi sible emissions and p ar t i cu l ate matter from the

opera tion of any

air c ontaminant source

.

252:100-25- 2. Ge neral prohibi tion No owner or oper ator of a

ny air c ontaminant source shall allow emissions from said source so as to ca use or c ontribute to air pollution.

252:100-25- 2.1. Defini tions The following words and terms when used in this Subchapter shall have the following meaning unless the context clear ly indicates other

wise: "On e-hour period" means, for units with an opera ble Continuous Opac ity M o n itor (COM), any 60-minute period c ommencing on the hour. "Op acity" means the de g ree to which emissions reduce the transmission of light and obscure the view of

an objec t in the backg round. "S ix-m inu te period" means, for units with an opera ble COM, any one of the ten equal parts of

a one- hour per iod. "Uni t" 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 promulg ated under section 111 of the Fe dera l Clean Air Act are exempt from this section. (b) No person shall allow the discharg e of any fumes, aer osol, mist, g as, smoke, vapor, particula te matter, or a

ny combination there of exhibit ing g rea ter than 20% opacity

except for: (1) S h o rt t er m occur

renc es, which consist of not more than one six -minute period in any

consec utive 60 minutes, not to exceed three such periods in any consec utive 24 hours. For units with COMs opera ted and maintained in acc ordanc e with Perfor mance Specification 1 (40 CFR Part 60, Appendix B)

, short term occur renc es which consist of not more than o n e s i x -m i n u te period in any one-hour period, not to exceed three such periods in any consec utive 24 hours. I n neither c ase sha ll the aver ag e of a ny six -minute period e x cee d 60% opac ity

. (2) Smoke resulting f

rom fire s cover ed by

the exceptions outlined in OAC 252:100-13-7. (3) An emission, wher e the prese nce of uncombined water is the only rea son for failure to meet the re quirements of O AC 252:100-25-3(b)

. (4) Smoke g ener ated due to a malfunction in a facility

, when t h e s o u rce of t he fuel producing the smoke is not under the direc t and imm ed i ate control of the fac ility and the immediate constriction of the f

uel flow a t the fac ility

would produce a hazar d to life and/or pr operty

. (c) To deter

mine compliance with this S ection, opac ity shall be re ad by

either:

126(1) A Certified Visible Emission Evaluator using Test Method 9 (40 CFR Part 60, Appendix A).

(2) A COM installed, calibrated, operated and mai n t ai ned in acc ordanc e with Perfor mance Specifica tion 1 (40 CFR Part 60, Appendix B).

252:100-25- 4. Alter native for particulates (a) The 20% opacity limit require d under 252:100-25-3 may be incre ased for particula tes o n ly

, provided th at t h e o wn er or operator demonstrates t o the s atisfac tion of t he Air Quality Council at public hear ing tha t: (1) The owner or opera tor has installed air pollution control equipment to attempt to control both visible and particula te matter e missions to the limit require d by applicable Subchapter s. (2) The pollution control equipment installed: (A) Has be en prope rly maintained. (B ) I s in good w orking order

. (C) I s opera ted to minimi ze emissions. (3) The installed control equipment does not control opacity to the limit require d in 252:100-25- 3. (4) The owner or opera tor h a s c o n d ucted stack test(s) using appropr iate test methods as approve d by the Division to deter

mine mass emissions at maxi mum allowed capa city and has deter mined such emissions meet all applicable particula te matter require ments (i.e., permit limit

, rule limit

, proce ss limi t). (5) The owner or opera tor has conducted d et ai led modeling and other measure s (e.g

., m o n i t o ring ) deeme d nece ssary by the Ex ecutive Direc tor to demonstrate that the maxi m u m impact of any incre ase of

opacity will not exceed 5 ug /m PM-10 24- hour aver ag e at any point 3 of impact or 1 ug /m PM-10 annual ave rag e at a ny point of impact. 3 (b) Upon completion of the demonstration specifie d in (a) of this Section, the opacity allowed will be based on the opacity rea d by a Certified Visible Emission Evaluator at the time of the maxi mum opera tion stack test. (c) Applications for an alterna tive under 252:100-25-4 will be submitt ed to the Direc tor of the Division for revie w and r ecommenda tion to the Air Quality

Council for final a ction.

252:100-25- 5. Continu ous em ission m onitoring f or opacity (a) Conti n u o u s monitoring of opacity is require d for fluid bed cata ly tic cra cking unit cata ly st
reg ener ators at petroleum ref in e r ie s a n d f o s s il fuel-f

ired steam g ener ators in acc ordanc e with 40 CFR Part 51, Appendix P , which is here by incorporated by

ref ere nce a s it ex isted on J uly 1, 1998. (b) Owner s or oper ators of the se emission source s shall: (1) I nstall, calibrate, opera te, and maintain all monitoring equipment nece ssary for continuously monitoring opa city

. (2) Complete the installatio n and perf ormanc e tests of such equipment and beg in monitoring and

rec ording by

J anuar y 1, 2001. (c) This section shall not apply to: (1) Sources alre ady subject to a new source perf ormanc e standard promulg ated in 40 CFR Part 60 pursuant to sec tion 111 of the Clean Air A ct. (2) Sources schedule d for retire ment within 5 y ear s afte r the eff ective date of this rule, provided adequate evidence and g uara ntees are available to s how t he source will cea se operations prior to such date. (d) Alterna tive monitoring require ments differ ent from the provisions of Parts 1 t h rough 5 of Appendix P may be approve d by the DEQ and EPA on a case -by -ca se basis if continuous monitoring
cannot be implemented by a source due to phy sical plant limit ations or extreme economic rea sons. For example, the foll owing alternative monitoring requireme nts may be used for na tural g as-f

ired fac iliti es that burn oil on an emer g ency basis only (including periodic sy stem testing not to exceed 40 hours per

cale ndar y ear ): (1) A Certified Visible Emission Evaluator shall rea d visual emissions once per day when fuel oils are bur

ned. (2) Visual emissions rea dings sh al l be conducte d in acc ordanc e with EPA Test Method 9 (40 CFR Part 60, Appendix A). (3) Records of fuel oil burned (including ty pe, amount, an d d u ra t ion burned) and visible 127emissions read sha ll be maintained for 2 y ear s.

SUBCHAPTER 27. P ARTICULATE MATTER EMISS IONS FROM INDUSTRIAL AND

OTHE R P ROCESS ES AND OPERA TIONS [REVOKED]

Section 252:100-27- 1. P urpose [REVOKED] 252:100-27- 2. P roce ss em ission lim itations [AM ENDED AND RENUMBERED TO 252:100-

19-12] 252:100-27- 3. Exception to em ission lim its [REVOK ED] 252:100-27- 4. Sam plin g and testing [REVOKED] 252:100-27- 5. Allow able rate of em ission [AM ENDED AND RENUMBERED TO 252:100-19-

12]

252:100-27- 1. P urpose [REVOKED]

252:100-27- 2. P roce ss em ission lim itations [AM ENDED AND RENUMBERED TO 252:100-

19-12]

252:100-27- 3. Exception to em ission lim its [REVOK ED]

252:100-27- 4. Sam plin g and testing [REVOKED]

252:100-27- 5. Allow able rate of em ission [AM ENDED AND RENUMBERED TO 252:100-19

-

12]

SUBCHAPTER 29. CONTROL OF F UG ITIVE DUST

Section 252:100-29-1. Purpose 252:100-29-2. Prohibiti ons 252:100-29-3. Preca

utions required in maintena nce or nonattainment ar eas 252:100-29-4. Ex ception for ag ricultural pur

poses 252:100-29-5. Var iance [R EVOKED ]

252:100-29- 1. P urpose The purpose of this Subchapter is to control the rele ase of fug itive dust into the air by any opera tion or action.

252:100-29- 2. P rohibition s (a) P rohibition s. No person shall cause or allow any fug itive dust so u rc e to be operated, or any substances to be handled, transporte d or stored, or any structure constructe d, altere d, or demolished to the extent that such opera tion or activity may enable fug itive dust to be come airborne and result in air pollution, without taking rea sonable pre cautions to minimi ze or preve nt polluti on. (b) Reasonable precautions. Reasonable prec autions include, but are not limit ed to, those actions set forth be low at OAC 252:100-29-3( 1) throug h (6). (c) Em ission boun daries. (1) No person shall cause or allow the discharg e of a ny visible fug itive dust emissions be y ond the proper

ty line of the proper

ty on which the emissions orig inate in such a manner as to damag e

or to interfe re with the use of adjac ent proper ties. I f the DEQ deter

mines that this rule has been violated, the owner or operator of the fug itive dust emissions source or source s shall implement controls, subject to ec onomic and tec hnologic al fe asibility , to preve nt future violations. (2) No persons shall cause or allow the discharg e of any visible fug itive dust emissions bey ond the proper

ty line of the proper

ty on which the emissions orig inate in such a manner as to c ause air qua lity

standards to be exceede d or interf ere with the maintenanc e of a ir quality standards.

128252:100-29- 3. P rec autions requi red in m aintenance or nonattainm ent are as

As of the adoption of this Subchapter

, in are as desig nated as Air Quality Maintenanc e Are as or Nonattainment Are as for particula te matter, th e D ir e c to r s h a ll r e q u ir e s p e c if ic rea sonable prec autions that may include, but shall not be limited to, the following: (1) The use, wher e possi b l e, o f wa t er or chemica ls for control of dust in the demolition of exis ting buildings or structure s, construction opera tions, the g rading of roads, drivewa y s and parking lots or the clea

ring of land for

commerc ial, industrial, or reside ntial development. (2) The application of w a

te r or suitable chemica ls or some other cover ing on materia ls stockpiles and other surfa ces tha t can c reate air- borne dusts under normal conditions. (3) The installation and use of hoods, fans and dust collector s to e nclose and vent the handling of dusty materia ls or the use of water spray s or other acc eptable measure s to suppress dust emission during handling

. Adequa te containment methods shall be employ ed during sandblasting or other similar ope rations. (4) The covering or wetting of open-bodied trucks, trailers, or railroa d car s when transporting dusty materia ls in area s where the g ener al public must have a cce ss . (5) The remova l as nece ssary from paved street and p ar king surfa ces of materia ls that have a tendenc y to become a irborne. (6) The planting and maintena nce of veg etative g round cove r as ne cessa ry

.

252:100-29- 4. Exception f or agric ultural p urposes S ection 252:100-29-3 shall not apply to the clea ring or prepa

ration of land used solely fo r ag ricult u ra l p u rposes. For the purpose of t his Subchapter "a g ricultural purposes" shall be li mited to the raising of livestock or c rops for f ood or fiber

.

252:100-29- 5. Variance [ REVOKED]

SUBCHAPTER 31. CONTROL OF EMISSI ON OF SULFUR COMP OUNDS

P ART 1. G ENERAL PR OVISIONS

Section 252:100-31-1. Purpose 252:100-31-2. Def

initions 252:100-31-3. Perfor

mance testing [REVOKED]

P ART 2. AMBIENT AIR CONCENTRATION LIMITS OR IMPA CTS FOR NEW AN D

EXIST INGEQUIPM ENT, SO URCES, OR F ACILITIES

252:100-31-7. Ambient air c oncentr ation limit s or impacts

P ART 3. EXISTI NG

EQUIPM ENT ST ANDAR DS

252:100-31-12. Sulfur ox ides [R EVOKED ] 252:100-31-13. Sulfuric ac id plants 252:100-31-14. Hy drog en sulfide [REVOKED] 252:100-31-15. Kra ft pulp mill s 252:100-31-16. Fossil fuel-f ired steam ge nerators

P ART 5. NEW EQUIPM ENT ST ANDAR DS

252:100-31-25. Fue l-burning equipment 252:100-31-26. Petroleum and na tural g as proc esses 252:100-31-27. Pulp mi lls

P ART 1. G ENERAL PR OVISIONS

129252:100-31- 1. P urpose

The purpose of this Sub chapte r is to control emissions of sulfur compounds from stationary

source s in order to preve nt the Oklahoma Air Quality Standard from being exceede d and insure that deg rada tion of the prese nt level of a ir quality in Oklahoma does not oc cur.

252:100-31- 2. Defini tions The following words or terms, when used in this Subchapter

, shall have the following meaning

, unless the context clear ly indicates other

wise: "Bl ack liqu or solids" means the dry weig ht of the solids, which enter the rec overy furna ce in the black liquor. "Digester system " means eac h continuous dige ster or eac h batch dige ster used for the cooking of wood in white liquor, and associa t ed flash tank(s), below tank(s), chip steamer (s), and condense r(s). "Exi sting facili ty," "existi ng source," or "existing equip m ent" means any fac ility

, source , or equipment that e mits sul fur c ompounds and which is in being prior to J uly 1, 1972, except that for f acilities, source s, or equipment subjec t to: (A) OAC 252:100-31-7(b) and/or OAC 252:100-31-26(a )(1)

, the date is prior to Dec ember

31, 1974, and (B ) OAC 252:100-31-13, the da te is on or bef ore A ug ust 17 1971.

" L i me kiln " means a unit used to calc ine lime mud, which consists primarily of cal ci u m

car bonate, into quicklime, which is ca lcium ox ide. "Multip le-e ff

ect evaporator system" means the multipl e-e ffe ct evapor ators and associate d condense r(s) and hotwell(s) used to c oncentr ate the spent cooking liquid that is separ ated from the pulp (black liquor)

. "New facili ty," "n ew installation ," "n ew source," or "n ew equip m ent" means any fac ility

, installation, source , or equipment that emits sulfur compounds and which i s n o t i n being on, or which is modified af

ter, July 1, 1972, except that for : (A) fac iliti es, installation s , s o u r c e s , o r e q u ip me n t s u

b je c t to OAC 252:100-31-7(b) and/or OAC 252:100-31-26(a )(1) the date is De cembe r 31, 1974; (B ) petroleum ref

ining fac iliti es, source s, or equipment subject to O AC 252:100-31-26 (a) (2), the da

te is Dec ember

31, 1974; and (C) fac il i t i es , source s or equipment subject t o OAC 252:100-31-13, the date is Aug ust 17, 1971. "Pe trole um and n a tu ra l gas process" means proce sses used in the proce ssing of crude petroleum and/or natura l g as into ref ined products including, but not limit ed to, distil lation columns,
trea ting columns, cata ly

tic cra cking units, cata ly tic ref orming units, sulfu r re moval equipment,

p etroleum coke units, flare s, heat exchang ers, reboiler s, jet ejec tors, compre ssors, r e c o mp r e s s o r s a n d other a ux iliary equipment per

tinent to the proce ss. "Pulp m ill" means the proce ss equipment used in production of pulp from wood chips or bolts which may include but are not limit ed to, debar ker, ch i p p er , d ige ster, blow tank, washe rs, condense rs, evapor ators, rec o v e r y f u r n a c e , li me k il n , s me lt

- d issolving tank, mix ers, heat exchang ers, g as scr ubbers, a nd other a ux iliaries per

tinent to the proce ss. "Recove ry fu rnace" means either a straig ht kraf t rec overy furna ce or a cross rec overy furna ce, and includes the direc t-contac t evapor ator for a dire ct contac t furnac e. "S m elt dissol ving tank" means a vessel used for dissolving the smelt collecte d from the

rec overy furna ce. "S ulf ur rec overy plan t" means a proce ss device that rec overs elementa l sulfur from acid g as.

2 2 "S weetening plan t" means a proce ss device that separ ates the H S and CO contents from the
g as strea m. "Th ree -hour average " or "3-hou r average " means the arithmetic aver ag e of sampling results or continuous emission monitoring data from thre e contig uous one-hour periods. "To ta l re d u ced sulf

ur" or "TRS " is the sum of the compounds hy drog en sulfide, methy l

merc aptan, dimethy l sulfide, and dimethy l disulfide.

252:100-31- 3. P erform ance te sting [REVOKED]

130P ART 2. AMBIENT AIR CONCENTRATION LIMITS OR IMPA CTS FOR NEW AN D EXIST INGEQUIPM ENT, SO URCES, OR F ACILITIES

252:100-31- 7. Am bient air concentr ation limits or im pacts (a) Sul fu r oxides. Emissions of sulfur diox ide from any exis ting fac ility or any new petroleum and
natura l g as proce ss fac ility with equipment subject to OAC 252:1 0 0 -3 1 -26(a)(1) shall not impact exis ting ambient air conc entra tions of sulfur diox ide by more than: (1) 1300 ì g /m (0.50 ppm) in a f ive (5) minute pe riod of any hour; 3 (2) 1200 ì g /m (0.46 ppm), one- hour ave rag e; 3 (3) 650 ì g /m (0.25 ppm), 3-hour aver ag e; 3 (4) 130 ì g /m (0.05 ppm), 24-hour aver ag e; or, 3 (5) 80 ì g /m (0.03 ppm), annua l arithmetic mea n. 3 (b) Hydrogen sulf

ide. Emissions of hy drog en sulf i de from any new or exis ting source shall not result in a 24-hour aver ag e ambient air conce ntration of hy drog en sulfide at any g iven point of 0.2
ppm or g reater. (c) Exceptions. The s t andar ds set in subsections (a) and (b) of this Section shall not apply to ambient air conce ntrations or impacts occur ring on the proper

ty from which such emission occur s, providing such proper

ty

, from the emission point to the point of any such conce ntration, is controlled by the per son responsible for such emission. (d) Com plian ce assurance. Upon approva l of the Direc tor, fac ility operators may use appropr iate materia l balanc es, perf

ormanc e test data, and/or emission fac tors to deter mine st ac k emi ssions combined, whe n nece ssary , with the appropr iate EPA appr oved atmospher ic dispersion models t o deter mine ambient ai r co n ce n tration or impact in lieu of ambient air monitoring as proof of compliance with limi ts set in OAC 252:100-31-7(a) and (b)

.

P ART 3. EXISTI NG

EQUIPM ENT ST ANDAR DS

252:100-31- 12. Sul fu r oxides [REVOK ED]

252:100-31- 13. Sul fu ric ac id p lants (a) Sul fu ric acid m ist standard. After J anuar y 10, 1979, emissions of sulfuric acid mist from any exis tin g s u l fu ri c acid plant shall not exceed 0.5 lb/T of acid produce d (250 g /MT). The acid

2 4 production shall be e x presse d as 100% sulfur ic ac id (H SO ). (b) Con ti n u o u s em ission m onitoring. Continuous monitoring of sulfur diox ide is require d for exis ting sulfuric acid plants wher e the production capa city is g reater t h an 3 0 0 TPD expressed as 100% acid, except wher e the conver sion of sul furic acid is utiliz ed to preve n t em i s s i o ns of sul fur diox ide or other

sulfur compounds. (c) Installation
, calibratio n , a n d m aintenance of em ission m onitoring system s. Required monitoring sy stems shall be ins talled

, ca librated, maintained, and operated in acc ordanc e with 40 CFR 60, Appendix B and 40 CFR 51, Appendix P. Appendix P is here by incorporated by ref ere nce.

252:100-31- 14. Hydrogen sul fi de [REVOK ED]

252:100-31- 15. Kr aft pu lp mills After May 8, 1989, all exis ting kr aft pulp mills shall m eet the f ollowing standa

rds. (1) TRS. Emissions of TRS shall not ex cee d: (A) 40 ppm TRS measure d a hy drog en sulfide on a dry basis and on a 12-hour aver ag e,

conver ted to 8% by

volume ox y g en fr om any rec overy furna ce; (B ) 40 ppm TRS measure d as hy drog en sulfide on a dry basis and on a 12-hour aver ag e,

corr ecte d to 10% by

volume ox y g en fr om any lime kiln; and, (C) 0.033 lb TRS/T black liquor solids as hy drog en sulfide (0.016 g TRS/kg of black liquor solids as hy drog en sulfide) for a 12-hour avera g e fr om any smelt dissol ving ta

nk. (2) Non-condensabl e gases. Non-c ondensable g ases from all evapor ators and dige ster sy stems

s h al l b e efficiently incinera ted or otherwise trea ted to limit emissions of TRS measure d as hy drog en sulfide to less than 5 ppm by volume on a dry

basis.

131252:100-31- 16. F ossil f uel-fired steam generat ors (a) Continu ous em i ssion m onitoring. Continuous monitoring of sulfur diox ide emissions is require d for exis ting fossil fuel-f ired steam g ener ators wher e the source utiliz es an air pollution abate ment opera tion to reduc e the sulfur diox ide emissions. Continuous m o n i t oring of ox y g en or

car bon diox ide is require d wher e it is nece ssary to conver t sulfur diox ide monitoring r esults. (b) Installatio n , ca l ibration, and m aintenance of em ission m onitoring system s. Required monitoring sy stems shall be ins t al l ed

, calibrated, m aintained, and operated i n acc ordanc e with 40 CFR 60, Appendix B and 40 CFR 51, Appe ndix P.

P ART 5. NEW EQUIPM ENT ST ANDAR DS

252:100-31- 25. F uel-burni ng equi pm ent (a) Em ission lim its. (1) Gas- fi red fu el-burnin g equip m ent. Sulfur ox ide emissions ( measure d as sulfur diox ide) from any new g as-f

ired fue l-burning equipment shall not ex cee d 0.2 lb/MMBtu heat input (86
ng /J ). (2) Liq uid -fired fu el-burnin g equip m e nt

. Su lf u r o xid e e mi s s io n s ( me a s u

r ed as sulfur diox ide) from any new l i q u i d -fire d fuel-bur ning equipment shall not exceed 0.8 lb/MMBtu heat input (340 ng /J ). (3) Solid fu el-burnin g equip m ent. Sulfur ox ide emissions (mea sured as sulfur diox ide) from
any new solid fuel- burning equipment shall not exceed 1.2 lb/MMBtu hea t input (520 ng/J). (4) Com bin ation of fu els burned. When differ ent ty pes of fuels are burned simult aneously in
any combination, the applicable standard (in lb/MMBtu) shall be deter mined by prora

tion unless

a seconda ry fuel is used in de minimi s quantities (less than 5% of total Btu input annually ). Compli ance shall be deter mined using the following formula wher e X is the perc ent of total heat input derived fr om ga s fuel, Y is the perc ent of total he at input de rived from liquid fuel, and Z is the perc ent of total heat input derived fr om solid fuel.

2 SO limit = [X(0.2) + Y(0.8) + Z (1.2)]/(X + Y + Z ) (b) Aver aging tim e. The aver ag ing time for the emission limit s set in OAC 252:100-31-25(a ) is 3 hours unless a solid fuel sampling and analy sis method is used to deter mine emission compliance

. I n that case the ave rag ing time is 24 hours. (c) Em ission m onitoring, fu el monitoring, and rec ordkeeping for sources w ith heat i npu t of 250 MMBtu/hr or m ore. T h e require ments contained in this subsection apply to any new fuelburning equipment with a rated hea t input of 250 MMBtu or g reater. (1) Em ission m onitoring. The instruments in OAC 252:100-31-25(c )(1) (A) and (B )(i) shall be installed, calibrated, maintained, and operated in a ny new fuel-bur

ning equipment with a rate d heat input of 250 MMBtu/hr or g reater. These instruments shall be calibrat ed following perf ormanc e spec ifications 2 and 3 of 40 CFR Part 60, Appendix B. (A) Opacity. A photoelectr ic or other ty pe smoke detec tor and rec order shall be used to monitor opacity , except wher e g aseous f uel is the only

fuel burne d. (B ) Sul fu r dioxide. (i) An instrument for c ontinuously monitoring and rec ording sulfur diox ide emissions sh all be used, except wher e gase ous fuel containing less than 0.1% by weig ht sulfur i s the only fuel burne d; or (ii) A solid fuel sampling and analy sis method may be used to deter mine emission compliance

. (2) F uel m o n i to ri n g

. The sulfur content of solid fuels as burned shall be deter mined in

acc ordanc e with previous methods as approved by the Director or in acc ordanc e with Met hod 19 of 40 CFR Part 60, Appe ndix A. (3) Rec ordkeeping. The owner or operator of any fuel-bur ning equipment wi t h a rate d heat input of 250 MMBtu/hr or g reater shall maintain a file of all measure ments re q u i re d in

para g raphs (1) and (2) of this subsection, i n cl u ding compliance status rec ords and excess emissions measure ments. These rec ords and measure ments shall be reta ined for at least two (2)

y ear s following the date of such measurem en t s, and made available for inspection by the Division or its represe ntatives during normal business hours.

132252:100-31- 26. P etr oleum and n atural gas processe s

(a) Stand ards. (1) Hydrogen sulf

ide standards. Hy drog en sulfide from any new petrol eum or natura l g as proce ss equipment shall be remove d from the exhaust g as stream or it shall be ox idiz ed to sulfur diox i d e. Hy d ro gen sulfide emissions shall be reduc ed by 95% of the hy drog en sulfide in the exhaust ga s. (2) Sul fu r dioxide stand ards. (A) Natural gas processing. Sulfur ox ide emissions, calc ulated as sulfur diox ide, from

an y n ew gas swee tening plant shall be reduc ed by use of a sulfur rec overy plant prior to rele ase of the exhaust g as to the atmosphere

. The sulfur rec overy plant shall have the sulfur reduc t i o n eff

iciencie s require d in subpara g raphs (C) throug h (F ) of OAC 252:100-31- 26(a) (2). (B ) P etr oleum refinery processing

. Sulfur rec overy plants operating in conjunction with any ref

inery proce ss shall have the sulfur reduc tion eff iciencie s require d in para g raphs (C) throug h (F ) of OA C 252:100-31-26(a) (2). (C) Gr eater than 0.54 LT/D but less than or equal to 5.0 LT/D. When the sulfur
content of the acid g as stream from a new g as swee tening unit or ref inery proce ss is g rea ter than 0.54 L T/D but less t h an o r eq ual to 5.0 L T/D, the sulfur diox ide emission reduc tion eff iciency of the sulfur r ecove ry

plant shall be at lea st 75.0%. (D) Gr eate r than 5.0 LT/D but less than or equal to 150.0 LT/D. Whe n t h e s u l fur
content of the acid g as stream from a new g as swee tening unit or ref inery proce ss is g rea ter than 5.0 L T/D but less than or equal to 150.0 L T/D, the require d sulfur d i o x i d e emission reduc tion eff

iciency of the sulfur rec overy plant shall be calc ulated using the following formula whe re Z is the minimum emission r eduction eff iciency require d at all times a nd X is the sulfur fee d rate expressed in L T/D of sulfur rounded to one decimal place : Z = 92.34 (X ) 0 .0 0 7 7 4 (E) Gr eate r than 150.0 LT/D but less than or equal to 1500.0 LT/D. When the sulfur
content of the acid g as stream from a new g as swee tening unit or ref inery proce ss is g rea ter than 150.0 L T/D but less than or equal to 1500.0 L T/D, the require d sulfur diox ide emission reduc tion eff

iciency of the sulfur rec overy plant shall be calc ulated using the following formula wher e Z is the minimum emission r eduction eff iciency require d at all times a nd X is the sulfur fee d rate expressed in L T/D of sulfur rounded to one decimal place : Z = 88.78 (X ) 0 .0 1 5 6 (F ) Gr eate r than 1500.0 LT/D. When the sulfur content of the acid g as stream from a new g as swee tening unit or ref inery proce ss is g reater t han 1500.0 L T/D, a minimum sulfur diox ide re duction eff

iciency of 99.5% sha ll be met. (b) Exceptions. (1) Hydrogen sulf

ide. The require ments of OAC 2 52:100-31-26(a )(1) shall not apply if hy drog en sulfide e missions do not exceed 0.3 lb/hr, two-hour aver ag e. (2) Sul fu r dioxid e. The require ments of OAC 252:100-31-26(a )(2) shall not apply to any new petroleum or natura l g as proce ss which would emit 100 lb/hr or less of sulfur ox ides expressed

as sulfur diox ide, two-hour aver ag e. The require ments of para g raph (2) of subsection (a) of this Section can be met alterna tive l y b y es t ablishing that the sulfur content of the acid g as stream from any g as swee tening plant or re finery proce ss is 0.54 L T/D or less. (c) Em ission m onitoring for hydrogen sulf ide. All new thermal device s for petroleum and natura l
g as proce ssing fac iliti es reg ulated under OAC 252:100-31-26(a )(1) shall have installed, calibrated, maintained, and ope rate d an ala rm sy stem that will signal noncombustion of the g as.

252:100-31- 27. P ulp m ills (a) Em ission lim it. The emission of sulfur ox ides, calc ulated as sulfur diox ide, from the blow pits, washe r vents, storag e tanks, dige ster relief

, and rec overy furna ce of any new p u l p m i l l shall not exceed 18 lb/T (a ir dried) of pulp produce d, two-hour avera g e. (b) Em ission m onitoring. All new pulp mills shall ins t al l

, calibrate, maintain and operate instruments for continuously monitoring and rec ording e mi s s io n s o f s u lf u r d ioxide from the rec overy sy stem g as-c leaning equipment and other locations as require d by the Direc tor. The instruments

133installed and used pursuan t t o t h i s Section shall have a confide nce level of at least 95% and be

acc urate within ±20% and shall be calibra ted fo l l o wi ng perf

ormanc e specific ations 2 and 3 of 40 CFR Part 60, Appendix B, and foll o wi n g t he quality assura nce proce dures 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 measure ments require d, including compliance status rec ords and

excess emissions measure ments. These rec ords and measure ments shall be reta ined for at least two
y ear s following the date of such measure ments and made available for inspe ct i o n by the Divi sion during normal business hours.

SUBCHAPTER 33. CONTROL OF EMISSI ON OF NITROGEN OXIDES

Section 252:100-33-1. Purpose 252:100-33-1.1. Def

initions 252:100-33-1.2. Applicability 252:100-33-2. Emission l imits 252:100-33-3. Perfor

mance testing [REVOKED]

252:100-33- 1. P urpose The purpose of this Subchapter is to control the emission of nitrog en ox ides from stationary

source s to preve nt the Oklahoma ai r q u ali ty standards from being exceede d and insure that the

prese nt level of a ir quality in Oklahoma is not deg rade d.

252:100-33- 1.1. Defini tions The following terms, when used in this subchapte r, shall have the following meaning

, unless the context clearly

indicates other

wise: "New f uel-burni ng equi pm ent" means a ny fuel-bur ning e quipment that was not in being on Fe bruar y 14, 1972, or any exis ting fuel-bur ning equipment that was altere d, repla ced, or rebuilt afte r Fe bruar y 14, 1972, resulting in in c r e a s e d e mi s s io n s of nitrog en ox ides with the following exceptions. (A) New fuel-bur

ning equipment for g as turbines means any g as turbine that was not in being

on J uly 1, 1977, or any exis ting g as turbine that was altere d, repl ac ed

, or rebuilt afte r J uly 1, 1977, resulting in increa sed emissions of nitrog en oxides; and (B ) Ne w fuel-bur

ning equipment for direc t-fire d proce sses means any direc t-fire d fuelburning equipment or proce sses that were not in being on J uly 1, 1977, or any exis ting directfired fuel-bur

ning equipment or proce sses that wer e altere d, repla ced, or rebuilt afte r J u l y 1, 1977, resulting in increa sed emissions of nitrog en oxides. "S olid foss il fu el" means solid fossil fuel such as coal and any solid fuel derive d from natura lly

occur ring coal or

petroleum. "Th ree -hour average " means the ar it h me ti c a v e r a g e o f s a

mp li n g r e s u lts or continuous emission monitoring da ta from thre e contig uous one-hour

periods.

252:100-33- 1.2. Appli cability (a) This subchapte r applies to new fuel-bur ning equipment that meets both of the following criter ia. (1) The fue l-burning equipment has a rate d heat input of 50 MMB TU/hr or g reater. (2) The equipment burns solid fossil fuel, g aseous fuel, or liquid fuel, or a combination there of. (b) Glass-melting furna ces tha t a r e s u b je c t to B A CT r e q

u irements contained in a curr ently applicable

X Air Quality Division permit are exempt from the require ments of OAC 25 2:100-33-2. The NO emissions from this equipment shall not ca use or contribute to an exceeda nce of any NAAQS or PSD increment.

252:100-33- 2. Em ission lim its (a) Fue l-burning equipment subject to this subchapte r shall meet the following emission limit ations except as provided in OA C 252:100-33-1.2(b) a nd 252:100-33-2(b)

.

134(1) Gas- fi red fu el-burnin g equip m ent. Emissions of nitrog en ox ides (ca lculated as nitrog en

diox ide) from any new g as-f ired fuel-bur

ning equipment shall not exceed 0.20 lb/MMBTU (86
ng /J ) heat input, three-hour aver ag e. (2) Li quid-fi red fu el-burnin g equip m ent. Emission s o f n it r o g e n o xid e s ( c a lc u la

te d a s n it r o g e n diox ide) from any new liqui d-fire d fuel-bur ning equipment shall n o t exceed 0.30 lb/MMBTU (129 ng /J ) heat input, three-hour aver ag e. (3) Solid foss il fu el-burnin g equip m ent. Emissions of nitrog en ox ides (ca lculated as nitrog en diox ide) from an y n ew solid fossil fuel-bur ning equipment shall not exceed 0.70 lb/MMBTU (300 ng /J ) heat input, three-hour aver ag e. (4) Com bin ation of fu els burned. When differ ent ty pes of fuels are burned simult aneously in

x any combination, the NO s tandar d (ca lculated as nitrog en diox ide in lb/MMBTU heat input, three -hour aver ag e) for the fuel-bur ning equ i p m en t s h all be deter mined by prora tion unless a seconda ry fuel is used in de minimi s quantities (less than 5% of total BTU inpu t an n ually ). Compli ance shall be deter mined using the following formula wher e X is the perc ent of total heat input derive d from g aseous fuel, Y is the perc ent of total heat input derive d from liquid fuel, and

2 Z is the perc ent of total heat input derive d from solid fuel: NO limit = 0.2X + 0.3Y + 0.7Z /(X + Y + Z ). (b) I f fuel-bur

ning equipment, due to technolog ical limit ations, cannot meet the require ments of OAC 252:100-33-2(a ) during startup and/or s h u t d o wn, the fuel-bur ning equipment shall comply with BA CT for startup and/or shutdown as contained in a curr ently applicable Air Quality Division

X permit. The NO emissions during startup and/or shutdown of this equipment shall n o t ca u s e or contribute to an exceeda nce of any NAAQS or PSD incre ment. App ro v al o f technolog ical limit ations by the Direc tor in an Air Quality Division permit does not mean automatic approva l by the EPA.

252:100-33- 3. P erform ance te sting [REVOKED]

SUBCHAPTER 35. CONTROL OF EMISSI ON OF CARBON MONOXIDE

Section 252:100-35-1. Purpose 252:100-35-1.1. Def

initions 252:100-35-2. Emission l imits 252:100-35-3. Perfor

mance testing [REVOKED]

252:100-35- 1. P urpose The purpose of this Subchapter is to control emissions of car bon monox i d e fr o m s tationary

source s t o p revent the Oklahoma Air Quality Standard from being exceede d and ensure that the

prese nt level of a ir quality in Oklahoma is not deg rade d.

252:100-35- 1.1. Defini tions The following words and terms, when used in this Subchapter

, shall have the following meaning

, unless the context clear ly indicates other

wise: "Bas ic oxygen fu rnace" means a furn ac e i n whi ch the melting and ref ining of iron are

acc om p l i s h ed b y the addition at high velocities of larg e amounts of high purity ox y g en to the atmosphere above the surfa ce of the m etal bath. The meta l is held in a tilt able ve ssel with a basic ref rac tory lining. Such a furna ce includes the furna ce proper , ox yg en lance

, scra p and flux char g ing units, iron transfe r units, g as collecting and clea ning equipment, stacks and any other auxil iaries pertinent to the proc ess. "Bl ast fu rnace" means furna ce and equipment used in connec tion with the smelting proce ss of reduc ing metallic ores to molten metal in which primarily ox y g en is remove d from the ore and g as is produce d as a by -produc t. The furna ce and equipment consists of, but is not limit ed to, the furna ce proper , char g ing equipment, stoves, bleede rs, gas d u s t-clea ning device s, afte r-bur

ner, and other auxil iaries pe rtinent to the proce ss. "Exi sting source" means any g ray iron cupola, blast furna ce, basic ox y g en furna ce, petroleum

135cata ly

tic cra cking unit o r p etroleum cata ly tic ref orming unit, in being on J uly 1, 1972, and not modified there afte r so as to incre ase the emission of car bon monox ide. "Gray iron cupola" means shaft-ty pe furna ce used for the melting of metals usually consisting

o f, b ut not limit ed to, the furna ce proper , tuy ere s, fans or blowers, tapping spout, ch ar gi n g equipment, g as-c leaning device s and other auxil iaries. S h aft furna ces used for proce ssing non-metallic materia ls are not included under this definition but are included in the defini t i on of
proce ss equipment. "New source" means any g ray iron cupola, blast furna ce, basic o x y gen furna ce, petroleum
cata ly tic cra cking unit or petroleum cataly tic ref orming unit, in being a fter July 1, 1972.

252:100-35- 2. Em ission lim its (a) Existin g sources. The emission of car bon monox ide from any ex i s t i n g s o u rce located in or signific antly impacting (i.e., 500 ug /m on an 8-ho u r av erag e) on a nonattainment are a for car bon 3

monox ide shall be re duced by use of c omplete sec ondary combustion of the waste g as gene rate d. Removal of 93 perc ent or more of the car bon monox ide g ener ated shall be considere d equivalent to complete seconda

ry combustion. Ex isting equipment subject to this Subchapter must meet the emiss i o n l i m i t ati ons as expeditious ly as prac ticable, but no later than 3 y ear s afte r nonattainment desig nation by

the Administrator. (b) New sources. The emission of car bon monox ide from any new source shall be reduc ed by use of complete seconda

ry combustion of the waste g as g ener ated. Remova l of 93 perc ent or more of the ca rbon monox ide g ener ated sha ll be considere d equivalent to sec ondary combustion.

252:100-35- 3. P erform ance te sting [REVOKED]

SUBCHAPTER 37. CONTROL OF EMISSI ON OF VOLATILE ORGA NIC COMP OUNDS (VOCs)

P ART 1. G ENERAL PR OVISIONS

Section 252:100-37-1. Purpose 252:100-37-2. Def

initions 252:100-37-3. Applicability and complianc e 252:100-37-4. Ex emptions 252:100-37-5. Oper ation and maintena nce

P ART 3. CONTROL OF VOCs IN STORAG E AND LOADING OP ERATIONS

252:100-37-15. Storag e of V OCs 252:100-37-16. L oading of VOCs 252:100-37-17. Efflue nt water separ ators [AMENDED AND RENUMBE RED TO 252:100-37-

37] 252:100-37-18. Pumps and compressors [AMENDED AND RENUMBE RED TO 252:100-37-

38]

P ART 5. CONTROL OF VOCs IN C OATING OP ERATIONS

252:100-37-25. Coating of parts and pr oducts 252:100-37-26. Clean up with VOCs

P ART 7. CONTROL OF SP ECIF IC P ROCESS ES

252:100-37-35. Waste g as disposal 252:100-37-36. Fue l-burning and re fuse- burning equipment 252:100-37-37. Efflue nt water separ ators

136252:100-37-38. Pumps and compressors [REVOKED]

P ART 9. P ERMIT BY RULE FOR V OC STO RAG E AND LOADING F ACILITIES

252:100-37-41. Applicability 252:100-37-42. Permit-by -rule r equire ments

P ART 1. G ENERAL PR OVISIONS

252:100-37- 1. P urpose The purpose of this Subchapter is to reduc e the formation of ozone by controlling the emissions of volatile org anic c ompounds (VOCs) fr om stationary source s.

252:100-37- 2. Defini tions The following words and terms, when used in this Subchapter

, shall have the following meaning

, unless the context clear ly indicates other

wise. "Acrylic" means a chemica l coating containing poly mers or co-poly

mers of acr

ylic or substitut e

acr y lic acid in combination with resinous modifiers. The primary mode o f cu re is solvent

evapor ation. "Alk yd p ri mer " means a chemica l coating composed primarily of alky d applied to a surface to provide a f

irm bond betwee n the substrate a nd any additional coating

. "Cond ensate" means hy droca rbon l iquid separ ated from natura l g as which co n d enses due to chang es in the temper ature and/or pre ssure a nd rema ins liqui d at normal ope rating conditions. "Custom product fi nish " means a proprieta ry chemic al coating desig ned for a specific
customer a

nd use. "Drillin g or production facili ty" means all drilling and servicing equipment, wells, flow lines,

separ ators, equipment, g ather ing lines, and auxil iary non-transpor tation-rela ted equipment used in the produc tion of petroleum but does not include na tural g asoline plants. "Ef fl uent water separator " means any container in which any VOC floating on, entra ined in,

or contained in water enter ing the container is phy sically separ ated and remove d from the water prior to discharg e of the water

from the c ontainer. "Ep oxy" means a chemica l coating containing epoxy g roups a n d s u it a b le c h e mi c a l c r oss-linking
ag ents. The primary mode of cure involves a chemica l rea ction betwee n the epoxy an d the cross-linking ag ent. "External fl oating roof" means a storag e 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 betwee n the roof edg e and tank wall. "Lease custody transfer" means the transfer o f p roduce d crude oil and/or condensate, afte r proce ssing and/or trea ting in the producing operations, from storag e vessels or automati c transfe r fac iliti es to pipelines or a ny other for m of transporta tion. "Maintenance fi nish " means a chemica l coating that protec ts a given substrate from adverse chemica l or phy sical conditions. "Nitroce llul ose lacquer (NC lacquer)" means a chemica l coating c o n ta in in g n it r o cellulose and suitable resinous modifiers . The primary mode of c ure is solvent eva poration. "S ubme rged fi ll pip e" means any fill pipe o r d i s ch arge nozz le that meets any one of the following conditions. (A) The bottom of the discharg e pipe or nozz le is below the surf

ace of the liquid in the

rec eiving vessel for

at least 95 pe rce nt of the volume filled. (B ) The bottom of the discharg e pipe or nozz le is less than 6 inches from the bottom of the re ceiving vessel. (C) The bottom of the discharg e pipe or nozz le is less than 2 pipe or nozz l e d i am et ers from the bottom of the re ceiving vessel. "Vin yl" means a chemica l coating containin g p l as t icized or unplasticized poly mers and co-poly mers of viny l ace tate, viny l chloride, poly viny l alcohols or their condensation products. The

137primary

mode of c ure is solvent eva poration.

252:100-37- 3. Appli cability and com plian ce (a) New sources. This Subchapter shall apply to all new installations of any equipment or proce sses descr ibed in this S ubchapte r af ter the e ffe ctive date of De cembe r 28, 1974. (b) Existin g s o u rc es

. Sections 15, 16, 35, 36, 37, and 38 of this Subchapter shall apply to all exis ting installations of any equipment or proce sses in use and descr ibed in this Subchapter that are located in Tulsa County or Oklahoma County afte r the eff ective date of J une 9, 1981. The re trofit require ments for crude petroleum storag e vessels apply only to ve ssels of g reater than 420,000 g al (1,590 m ) ca

pacity

. 3 (c) P erm it-by-rule facili ties. This Subchapter does not apply to fac iliti es reg istered under the VOC storag e and loa ding f

acility permit-by -rule e x cept a s provided in Part 9.

252:100-37- 4. Exem ptions (a) VOCs with vapor pressure s less than 1

. 5 p o u n d s p er square inch absolute (psia) under actua l storag e conditions are exempt from 252:100-37-15, 252:100-37-16 and 252:100 -3 7 -35 throug h 252:100-37-38. (b) Petroleum or condensate stored, proce ssed, trea ted, loaded, and/or transfe rre d at a drilling or production fac ility prior to lease custody transfe r is exempt from this Subchapter

. Methanol stored at a dr illing or produc tion facility for use on site is also ex empt from this Subchapter. (c) The storag e, loading

, proce ssing, manufa cturing or burning of VOCs on a far m or ranc h, when such VOCs are used for ag ricultural purposes on said far m or ranc h, is exempted from all provisions of 252:100-37-15, 252:100-37-16, 252:100-37-3 5 t h roug h 252:100-37-38, 252:100-39-41, and 252:100-39-42.

252:100-37- 5. Operation and m aintenance Any vapor- loss control device s, packing g lands and mecha nical seals require d b y th is Su b c h apter shall be prope rly

installed, maintained, and ope rate d.

P ART 3. CONTROL OF VOCs IN STORAG E AND LOADING OP ERATIONS

252:100-37- 15. Storage of VOCs (a) Storage capacities great er than 40,000 gallons

. Eac h VOC storag e vessel with a capa city of

more than 40,000 g al (151 m ) shall be a pressure vessel capa ble of maintaining working pressure s 3 that preve nt the loss of VOC t o t h e atm osphere or shall be equipped with one of the following

vapor- loss control device s. (1) An external floating roof that consists of a pontoon ty peor double-de ck ty

pe cover , or a fix ed roof with an internal-f

loating cover

. The cover shall rest on the surfa ce of the liquid contents at all times (i.e., off the leg supports), except during ini t i al fill, when the storag e vessel is completely emptied, or during ref illing. When the co v er is resting on the leg supports, the

proce ss of filling, empty ing, or ref illing shall be continuous and shall be acc omplished as rapidly

as possible. The floating roof shall be equipped with a closure seal, or seals, to close the space betwee n the cover edg e and vessel wall. Floating roofs are not appropr iate control device s if the VO C s have a vapor pressure of 11.1 psia (76.6 kPa) or g reater under actua l conditions

. Al l
g aug ing and sampling device s shall be g as-tight except when g aug ing or sampling is taking place

. (2) A vapor- rec overy sy stem that consists of a vapor- g ather ing sy stem capa ble of collecting 85
perc ent o r m ore of the uncontrolled VOCs that would otherwise be emit ted t o the atmos phere and a vapor- disposal sy stem capa ble of proce ssing these VOCs to preve nt their emission to the atmosphere

. All vessel gaug ing and s ampling devices shall be gas- tight ex cept when gaug ing or sampling is taking pla ce. (3) Other equipment or methods that are of equal eff iciency for purposes of air pollution control
may be used w hen appr oved by the Division Director

prior to installation. (b) Storage capacities of 400 gallons and great er. Eac h VOC storag e vessel with a capa city of 400
g al (1.5 m ) or more shall b e eq u i p p ed with a perma nent submerg ed fill pipe or a vapor- rec overy 3

138sy stem as re quired in 252:100-37-15( a)( 2).

(c) Exem ptions. VOC storag e vessels that are subject to equipment standards (e.g

., a fix ed roof in combination with an interna l floating cover , an external floa ting r oof, or a closed ve nt sy stem and control device )in 40 CFR 60 Subparts K, Ka, or Kb are exempt from the require ments of 252:100- 37-15(a ) and ( b).

252:100-37- 16. Loadi ng of VOCs (a) Loadi ng facili ties w i th th roughpu t great er than 40,000 gallons /day. Eac h VOC loading fac ility with a t hroug hput g reater than 40,000 g al/d (151,416 l /d) from it s ag g reg ate loading pipes shall be equipped with a vapor-collec tion and disposal sy stem unless all tank trucks or tr ailers are bottom loaded with hatches c losed. (1) Vapor-c ollection and d isposal system

. (A) Vapor-c ollection portion of the system

. (i) When loading VOCs throug h the hatches of a tank t ruck or trailer, u s i n g a loading

arm equipped with a vapor collecting adaptor

, a pneumatic, hy draulic, or mecha nical

means shall be provided to ensure a vapor- tight seal betwee n the adaptor and the hatch. (ii) When loading is eff

ecte d throug h m eans other than hatche s, all loading and vapor lines shall be equipped with f ittings that make vapor- tight connec tions and which must be close d when disconne cted or which close automatically when disconne cted. (B ) Vapor-disposal por ti o n of the sys tem

. The vapor-disposal portion of t he sy stem shall consist of: (i) a vapor- liquid absorbe r sy stem with a minimum rec overy eff iciency of 90 perc ent by weig ht of all the VOC vapor s and g ases e nteringsuch disposal sy stem; or, (ii) a varia

ble-va por space tank, compre ssor, and fue l-g as sy stem of sufficie nt c apac ity
to rec eive all VOC vapors and g ases displaced fro m t h e tank trucks and trailers being loaded. (2) P reve ntion of VOC drainage. A means shall be provided in either loading sy stem specifie d in subsection (a) to preve nt VOC draina g e from the loading device when it is remove d from any tank truck or

trailer, or to acc omplish complete drainag e bef ore r emoval. (b) Loadi ng f

acilities with throughp ut equal to or less than 40,000 gall ons p er day. (1) Eac h loading pipe at a VOC loading fac ility with an agg re gat e t h roug hput of 40,000 g al/d (151,416 l/d) or less shall be equipped with a sy stem for submerg ed fi l l i n g o f t ank trucks or trailers w hich is installed and oper ated to maintain a 97 pe rce nt submerg ence fac tor. (2) Parag raph 252:100-37- 16(b)( 1) applies to any fac ility that loads VOCs into any tank truck

or trailer with a capa city g reater than 200 g al (757 l) which is de signe d for transporting VOCs. (c) Exem ptions. L oading fac iliti es subject to the require ments of 4 0 C FR 6 0 S u bpart XX or 40 CFR 63 Subpart R are exempt from the require ments of 252:100-37-16( a) a nd (b).

252:100-37- 17. Ef

fl ue nt wa t er separator s [AM ENDED AND RENUMBERED TO 252:10 0

- 37-37]

252:100-37- 18. P um ps and c om pressors [AM ENDED AND RENUMBERED TO 252:100-

37-38]

P ART 5. CONTROL OF VOCs IN C OATING OP ERATIONS

252:100-37- 25. Coating of p arts and produ cts (a) Stand ards. No owner or operator of any coating line or coating operation with VOC emissions shall use coating s that as applied contain VOCs in excess of the amounts listed below. (L imits are expressed in pounds of VOC per g allon of coating

, excluding the volume of any water and exempt
org anic c ompounds.) (1) Alky d primer - 4.8 (2) Viny ls - 6.0 (3) NC lacque rs - 6.4 (4) Acr y lics - 6.0

139(5) Epox ies - 4.8

(6) Maintenanc e finishes - 4.8 (7) Custom products finish - 6.5 (b) P lant-wi de em ission plan

. (1) Deve lopme nt of a plan t-wide em ission plan

. An owner or operator may develop a plantwide emission plan instead of having eac h coating line comply with the VOC content limit ations in 252:100-37-25(a ), if the f ollowing c onditions are met. (A) The owner or opera tor demonstrates by the methods i n 252:100-5-2.1(d) that sufficie nt reduc tions in em i s s i o ns of VOCs may be obtained by controlling other source s within the plant t o t h e ex tent nece ssary to compensa te for all excess emissions that result from one or more coating lines not achie ving the limit ation. Such demonstration sh al l b e made in wr iting and sha ll include: (i) a complete descr iption of the coating line or lines that can not comply with the VOC content limitation in 252: 100-37-25( a); (ii) quantifica tion of emissions, in terms of pounds per day of VOCs, which are in excess of the VOC content limit ation for eac h coating line descr ibed under 252:100-37- 25(b)( 1)(A) (i); (iii) a complete descr iption of how emissions will be decr ease d at specific source s to

co m p ensate for excess emissions from eac h coating line descr ibed under 252:100-37

- 25(b)( 1)(A) (i) and the date on whic h such re ductions will be achie ved; (iv) quantifica tion of emissions, in terms of pounds per day of VOCs, for eac h source descr ibed under 252:100-37-25(b) (1)( A)(iii), both befor e and afte r the improvement or installation of any applicable control sy stem, or operational chang es to such a fac ility or fac iliti es to reduc e emissions; and, (v) a descr ip t i o n o f the proce dures and methods used to deter mine the emissions of VOCs. (B ) The plant-wide emission reduc tion plan does not inclu d e decr ease s in emissions resulting from re quirements of othe r applica ble air pollution rules. (2) Com plian ce wi th a plan t-wide em ission plan

. Th e implementation of a plant-wide emission reduc tion plan instead of compliance wit h t h e VOC content limit ation presc ribed in 252:100-37-25(a ) m u s t b e approved in writing by the Division Direc tor. Upon approva l, any emissions in excess of t hose established for each fac ility under the plan shall be a violation of this S ubchapte r. (c) Exem ption. Owner s or operators of source s that emit less than 100 pounds of VOC per 24-hour day are exempt from the require ments of this Section. (d) Alter nat e s ta n d a rd. The use of coatings with VOC contents i n excess of t hose permitted by 252:100-37-25(a ) or 252:100-37- 25(b) is allowa ble if both of the f

ollowing c onditions are met:. (1) VOC emissions are re d uced to the quantity that would occur if the coating used complied with the VOC content a llowed in 252:100-37-25(a ) by : (A) incinera tion; (B ) absorption/adsorption; or, (C) any

other proc ess of e quivalent re liability and ef fec tiveness. (2) No air pollution, as def ined by the Clean Air A ct, re sults.

252:100-37- 26. Clean up w ith VOCs Emissions from the clea

n up with VOCs of any article

, machine, or equipment used in apply ing coating s controlled in 252:100-37-25(a ) throug h 252:100-37-25(d) shall be counted in deter mining compliance with those rules.

P ART 7. CONTROL OF SP ECIF IC P ROCESS ES

252:100-37- 35. Waste gas disposal (a) Ethylene m anuf

acturing em ission s. No owner or operator shall build or install any ethy lene manufa cturing plant unless the waste- g as stream under normal opera tin g co n d i t i ons is proper ly burned at 1,300 E F for 0.3 seconds or g reater in a direc t-flame afte rburne r equipped with an

140indicating py rometer that is positioned in the working are a for the operator' s rea dy monitoring or an equally eff ective c ataly

tic vapor inc inera tor also with py rometer

. Proper bur

ning of the waste -g as stream is define d as reduc tion by 98 perc ent of the ethy lene emissions orig inally prese nt in the
waste- g as strea

m. (b) Vapor blow dow n. Ex cept wher e inconsistent with the "Minimum Fe dera l Safety Standards for the Transpor

tation of Natur al an d Ot h er Gas by Pipeline" or any State of Oklahoma reg ulatory
ag ency , no owner or operator shall allow VOC g ases to be emitted from a vapor rec overy blowdown
sy stem unless these ga ses are burne d by smokeless flar es or an equally eff ective control device as approve d by

the Division Director

.

252:100-37- 36. F uel-burni ng and refuse-burnin g equip m ent All fuel-bur

ning or ref

use-bur ning equipment shall be operated to minimi ze emissions of VOC. Among other things, such opera tion shall assure , based on manufa cture r' s data and g ood eng ineer ing

prac tice, that the equipment is not overloa ded; that it is proper ly clea ned, operated, and maintained; and that temper ature and ava ilable air a re suf ficient to provide e ssentially complete c ombustion.

252:100-37- 37. Ef

fl uent w ater separator s A single -compa

rt m en t or multipl e-c ompartment VOC/water separ ator that rec eives eff luent
water containing 200 g al/d (760 l/d) or more of any VOC from any equipment proce ssing, ref ining,
trea ting, storing or handling VOCs shall comply with one of the f

ollowing se ts of conditions. (1) The container totally enclose s the liquid contents and all opening s are seale d. All g aug ing and sampling device s shall be g as-tig ht e x cept when g aug ing or sampling is taking place

. The oil r emoval device s shall be g as-tig ht e x cept whe n manual skimming, inspec tion and/or repa ir is in progr ess. (2) The container is equipped with an ex t er n al floating roof that consists of a pontoon ty pe or double-de ck ty

pe cover , or a fix ed roof with an internal-f loating cover

. The cover shall rest on the surfa ce of the content s and be equipped with a closure seal, or seals, to close the space betwee n the cover edg e and container wall. All g aug ing and sampling device s shall be g as-tig ht except when g aug ing or sampling is taking place

. The oil remova l device s shall be gas-tig ht except when manua l skimm ing, inspe ction and/or re pair is in prog ress. (3) The c ontainer is equipped with a vapor-re cover y sy stem that consists of a vapor-g ather ing
sy stem capa

ble of collecting the VOC vapors and g ases discharg ed and a vapor- disposal sy stem
capa ble of proce ssing such vapors and g ases to preve nt their emiss i o n t o t h e atmosphere

. All tank g aug ing and sampling device s shall be g as-tig ht except when g aug ing or sampling is taking place

. The VOC remova l device s shall be g as-tig ht except when manual skimmi ng , inspection and/or re pair is in prog ress. (4) The container is approve d prior to use by the Division Direc tor and is equipped with controls that have e fficie ncies e qual to the controls listed in 252:100-37-37(1) throug h (3).

252:100-37- 38. P um ps an d com pressors [REVOKED]

P ART 9. P ERMIT BY RULE FOR V OC STO RAG E AND LOADING F ACILITIES

252:100-37- 41. Appli cability Any new VOC storag e and/or loading fac ility may be constructe d and any exis ting VOC storag e and/or loading fac ility

may be oper ated unde r this Part if the following conditions are me t. (1) The fa cility

is located in an a

rea desig nated a s unknown or attainment f or ozone. (2) Eac h storag e vesse l located a t the fac ility meets one of

the following criter ia. (A) The stora g e ca

pacity is 19,813 ga l (75 m ) or less. 3 (B ) The storag e capa city is g reater than 19,813 g al (75 m ) but less than 39,889 g al (151 3

m )and the liquid stored has a maxi mum true vapor pressure less than 2.18 psia (15.0 kPa). 3 (C) The storag e capa city is g reater than or equal to 39,889 g al (151 m ) an d t h e l iquid 3 stored has a

maxi mum true vapor pr essure less than 0.51 psia (3.5 kPa)

. (3) The fac ility is desig n ed t o h av e a throug hput of 19,998 g al/d (75,700 l/d) or less from the
ag g reg ate loading pipes.

141(4) The fa cility meets the re quirements of 252:100-7- 60(a) , (b), a nd (c)

.

252:100-37- 42. P erm it-by-rule r equirem ents (a) An owner or operator shall submit annual emission inventory repor ts and meet the require ments of 252: 100-37-5, re garding opera tion and maintenance, and 252: 100-37-38, reg arding pumps and

compre ssors. (b) No owner or opera tor shall build or install a new stationary VOC storag e vessel with a capa city of 400 g al (1.5 m ) or g reater unless it is equipped with a perma nent submerg ed fill pipe as define d 3 in 252:100-37-2. (c) No owner or opera tor shall build or install a stationary VOC loading fac ility unless eac h loading pipe is equipped with a sy stem for submerg ed filling of tank trucks or trailers which is installed and

opera ted to maintain a 97 per cent submer g ence fac tor. (d) The owne r or ope rator of a vesse l with a storag e capa city g reater than 10,567 g al (40 m ) shall 3 maintain rec ords on site of the dimensions of the storag e vessel and an analy sis showing the capa city

.

SUBCHAPTER 39. EMISSION OF VOLATILE O RG ANIC COM P OUNDS (VOCs) IN NONATTAINMENT AREAS AND F ORMER NONATTAINMENT AREAS

P ART 1. G ENERAL PR OVISIONS

Section 252:100-39-1. Purpose 252:100-39-2. Def

initions 252:100-39-3. Gene ral a

pplicability 252:100-39-4. Ex emptions

P ART 3. P ETROL EUM REF INERY OP ERATIONS

252:100-39-15. Petroleum ref inery equipment leaks 252:100-39-16. Petroleum ref inery proce ss unit turnaround 252:100-39-17. Petroleum ref inery vacuum pr oducing sy stem 252:100-39-18. Petroleum ref inery eff luent water

separ ators

P ART 5. P ETROL EUM P ROCESS INGAND STORAG E

252:100-39-30. Petroleum liquid storag e in vessels with external floa ting r oofs

P ART 7. SPECIF IC OP ERATIONS

252:100-39-40. Cutback aspha lt (paving ) 252:100-39-41. Storag e, loading and tra nsport/delivery

of VOCs 252:100-39-41.1. Gasoline va por leak detec tion method by combustible g as dete ctor 252:100-39-42. Metal cle aning 252:100-39-43. Gra

phic ar ts sy stems 252:100-39-44. Manufa cture of pneuma tic rubber tires 252:100-39-45. Petroleum (solvent) dr y clea ning 252:100-39-46. Coating of parts and pr oducts 252:100-39-47. Control of VOC emissions from aer ospace industries coating s opera tions 252:100-39-48. Vapor

rec overy sy stems [ REVOKED] 252:100-39-49. Manufa cturing of fiber g lass reinfor ced pla stic products

P ART 1. G ENERAL PR OVISIONS

252:100-39- 1. P urpose The purpose of this Subchapter is to reduc e the formation of ozone by controlling the emissions of vol atile orga

nic compounds (VOCs). This Subchapter c ontains require ments for the c ontrol of 142emissions of VOCs from stationary source s located in are as that are nonattainment or wer e former ly

nonattainment for ozone.

252:100-39- 2. Defini tions The following words and terms, when used in this Subchapter

, shall have the following meaning

, unless the context clear ly indicates other

wise. "Pe trole um refinery" means any fac ility eng ag ed in producing g asoline, aroma tics, kerose ne, d i s tillate fuel oils, residual fuel oils, lubricants, asphalt, or other products throug h distil lation o f crude oil or ot h er hy droca rbons or throug h redistillation, cra cking

, rea rra ng ement or ref

orming or unfinished petrole um derivatives. "Refin ery uni t" means a set of components which are a part of a basic proce ss operation, such as distillation, hy drotrea

ting, c rac king or

ref orming of hy droca

rbons. "S ubme rged fi ll pip e" means any fill pip e o r d i s char g e nozz le that meets any one of the following conditions. (A) The bottom of the discharg e pipe or nozz le is below the surf

ace of the liquid in the

rec eiving vessel for

at least 95 pe rce nt of the volume filled. (B ) The bottom of the discharg e pipe or nozz le is le ss tha n 6 inches from the bottom of the re ceiving vessel. (C) The bottom of the discharg e pipe or nozz le i s l es s than 2 pipe or nozz le diameter s from the bottom of the re ceiving vessel.

252:100-39- 3. Ge neral appli cability I n addition to any application of the require ments contai n ed i n 2 52:100-37, the additional require ments contained in this Subchapter shall be require d of exis ting and new fac iliti es located in Tulsa and Okla

homa Counties.

252:100-39- 4. Exem ptions VOCs with vapor pressure s less than 1.5 pounds per square inch ab s o l u t e (p sia) under actua l

s to r a g e c o n d it io n s a

r e e xe mp t f

r o m 2 5 2 :1 0 0

- 3 9

- 1 6 thr oug h 252:100-39-18, 252:100-39-30, 2 5 2 :1 0 0

- 39-41, and 252:100-48.

P ART 3. P ETROL EUM REF INERY OP ERATIONS

252:100-39- 15. P etr oleum refinery equipme nt leaks (a) Defini tions. The following words and terms, when used in this Section, shall have the following meaning , unless the context clear ly indicates other

wise. (1) "Com ponent" means a ny piece of equipment which has the potential to leak VO Cs when tested in the manner descr ib ed i n E P A T es t Method 21 of 40 CFR Part 60. These source s include, but are not limit ed to, pumping s ea l s, compre ssor seals, seal oil deg assing vents, pipeline valves, flang es and other connec tions, pressure relief device s, proce ss drains, and open ended pipe s. Ex cluded f

rom these sourc es ar e valve s which ar e not externally reg ulated. (2) "Gas servic e" means any equipment wh i ch proce sses, transfe rs or contains a VOC or mix ture of V OCs in the ga seous phase

. (3) "Leaki ng com ponent" means a component whi ch has a VOC conce ntration exceeding 10,000 ppmv when tested a ccor ding to the pr ovisions in 252: 100-39-15( e). (4) "Li qui d servic e" means any equipment which proce sses, transfe rs or con tains a VOC or mix ture of V OCs in the liquid phase. (5) "Valves not exte rnally regulate d" means valves t h at have no external controls, such as in-line che ck valve s. (b) Appli cability. (1) T his Section applies to all petroleum ref ineries located in Tulsa County and Ok l ah o m a County

. (2) VOCs with vapor pressure s less than 0.0435 psia (0.3 kilopascals (kPa)) under actua l storag e conditions are e x empt from 252:100-39-15. ( Effe ctive 2-12- 90.) (c) Stand ards and operating re qui rem ents

143(1) The owne r or ope rator of a petr oleum ref

inery subject to this Section shall: (A) develop and conduct a monitoring prog ram cons is te n t w it h th e p r o v is io ns in 252:100- 39-15(d) and 252:100-39-15( f); (B ) rec ord all leaking components and place an identify ing tag on eac h component consistent with the provisions in 252:100-39-15(f)( 3); (C) repa ir and rete st the leaking components as soon as possible but no later than 15 day s afte r the lea

k is found; (D) identify all leaking components which cannot be repa ired until the unit is shutdown for turna round; and, (E) assure all lines or pipes terminating with a valve are seale d with a secon d v al v e, a blind flang e, a plug or a c ap. (2) The Division Direc tor may require the owner or opera tor to take appropr iate reme dial action, including earl y u n i t t urnar ound, based on the number and sever ity of tag g ed leaks awa iting

repa ir. (3) Pipeline valves and pressure relief valves in g as service shall be marke d in some manner that will be rea dily obvious to both petroleum ref inery or contra ct personne l perf orming monitoring and the DE Q. (d) Com plian ce sched u l e. The owner or operator of a petroleum ref inery shall submit to the Division Direct or a monitoring prog ram by J uly 30, 1981. This prog ram shall contain, at a minimum

, a list of the ref inery units and the quarte r 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. I n no case shall

a monitoring contra ct relieve the owner or operator of a petroleum ref inery of the responsibility for compliance with this S ection. (e) Testin g a n d monitoring procedures. Testing and calibration proce dures to deter mine compliance with this S ection must be consistent with EPA Test Method 21 of 40 CF R Part 60. (f) Monitoring. (1) The owner or opera tor of a petroleum ref inery shall conduct a monitoring prog ram consistent with the following provisions. The owner or oper ator shall: (A) monitor y ear ly by the methods ref ere nced in 252: 1 0 0 -39-15( e) all pump seals, pipeline valves in liquid service , and proc ess dra ins; (B ) monitor qu ar t erly by the methods ref ere nced in 252:100-39-15-( e) all compre ssor seals, pipeline va lves in g as ser vice, a nd pressure relief

valves in g as ser

vice; (C) monitor weekly

by visual methods all pump seals; (D) monitor within 24 hours any pump seal from which VO C l i q u i d s are observe d dripping ; (E) monitor any relief valve within 24 hours afte r it has vented to the atmosphere; and, (F ) monitor imm ediately

afte r re pair a

ny component that wa s found leaking

. (2) Pressure relief d ev i ce s that are connec ted to an operating flare heade r, vapor rec overy device s, inacc essible valves, storag e tank valves, and valves that are not externally reg ulated are exempt f r o m th e mo n it o r in g r e q

u ir ements in para g raph (1) of this subsection; provided, howeve r, such inac cessible va lves will be monitored duringannual shutdown. (3) The owner or opera tor of a petroleum ref inery

, upon the detec tion of a leaking componentthat is not repa ired o n d i s co very , shall aff ix a wea therproof and rea dily visible tag

, bear ing an identification number and the date the leak is loc ated, to the leaking component. This ta g shall

rema in in place until the leaking component is repa ired. (g ) Rec ordkeeping. (1) The owner or operator of a petroleum ref inery shall maintain a leaking components monitoring log which shall conta in, at a minimum: (A) the name of

the proc ess unit where the component is loca ted; (B ) the ty

pe of c omponent (e.g ., valve, se al); (C) the tag number of the component, if not re paire d immediately on discovery ; (D) the date on w hich a lea king c omponent is discovere d; (E) the date on w hich a lea king c omponent is repair ed; (F ) the date and ins trument rea ding o f t h e re ch eck proce dure after a leaking component i s repa ired;

144(G) the date of the calibration of the monitoring instrument which shall be made available

for inspec tion on request; (H) those leaks that c annot be r epair ed until turnaround; and, (I ) t h e total number of components chec ked and the total number of components fo u n d leaking

. (2) The monitoring log sha ll be reta ined on site by the owner or oper ator for

at least two y ear s afte r the da te on which the r ecor d was made or the re port prepa red. (3) The monitoring log shall be made available for inspection at any rea sonable time and copies of the log shall be provided to the D ivision Director, upon wr itten reque st of the AQD. (h) Report ing. The owne r or ope rator of a petr oleum ref

inery shall: (1) submit a repor

t to the Division Direc tor by the 30th day following the end of eac h cale ndar quarte r that lists all leaking components that wer e lo ca t ed during the previous quarte r but not
repa ired within 15 day s, all leaking components awa iting unit turnaround, and the total number of compone nts found leaking ; and, (2) submit a signed sta tement with the repor t attesting to the f

act that a ll monit oring and, with the exception of those leaking components listed in 252:100-39-15(h) (1), all re p ai rs wer e perf ormed a s stipulated in the monitoring prog ram.

252:100-39- 16. P etr oleum refinery proce ss un it turnaround (a) Defini tion. "T urnaround " means the pla nned proc edure of shutting down a unit, inspecting and re pairing it, and restar ting it. (b) P roce dures required. For the s hutdown, purg ing and bl owdown operation o f any petroleum ref inery proce ssing unit the following proce dures a re r equire d: (1) Recovery o f VOCs shall be accomplished during the shutdown or t urnar ound to a process unit pressure compatible with the flare or vapor sy stem pressure

. The unit sha ll then be purg ed

or flushed to a flare or vapor rec overy sy stem using a suitable mate rial such a s steam, water or nitrog en. The unit shall not be vented to the atmos phere until pressure is reduc ed to les s t h an 5 psig throug h control devic es. (2) Ex cept wher e inconsistent with the "Minimum Fe der al S af ety Standards for the Transpor tation of Natura l and Other Gas by Pipeline," o r an y State of Oklahoma reg ulatory
ag ency , no person shall emit VOC g ases to the atmosphere from a vapor rec over y blowdown
sy stem unless these g ases are burned by smokeless flare s or an equally eff ective control device

as appr oved by

the Division Director

. (3) At least fiftee n day s prior to a schedule d turnaround, a written notification shall be submitt ed
to the Division Direc tor. As a minimum

, the notification shall indicate the unit to be shutdown, the date of

shutdown, and the a

pproxi mate quantity

of VOCs to be e mitted to the atmosphere. (4) Scheduled r efine ry

unit turnaround may be ac complished without the controls specif ied in 252:100-39-16(b) (1) and 252:100-39-16(b) (2) during non-oxi dant seasons provided the notification to the Division Direc tor as require d in 252:100- 39-16(b) (3) specific ally contains a reque st for such an exemption. The non-oxi dant season is from November 1 throug h Marc h 31.

252:100-39- 17. P etr oleum refinery vacuum producin g system (a) Defini tions. The following words and terms, when used in this Section, shall have the following meaning , unless the context clear ly indicates other

wise. (1) "Accum ulator" means the vessel in the overhead stream of any fra ctionating tower, a fter the over head c ondenses a

nd separ ates nonc ondensable g ases, liquid VOCs and wa ter. (2) "Hotw ell" means t h e tank at the bottom of the barome ter leg in a barome tric condense r sy stem to rec eive the wa t er , condensate and entra ined VOCs g ener ated by the barome tric condense r. (b) Requirem ents. Nonconde nsable VOCs emi t t ed fr om any of the vacuum producing sy stems listed in para g raphs (1) throug h (3) of this subsection shall be incinerated or reduc ed by 90 perc ent of wha t would be emitted without controls. (1) Steam ejec tors with barometric condense rs. (2) Steam ejec tors with surfac e conde nsers. (3) Mecha

nical vac uum pumps.

145(c) Hotwells an d accum ulators.

(1) Hot wells and acc umulators shall be cover ed and the noncondensa ble vapors shall be vented to a fire -box or incinerator. (2) The prese nce of a p i l o t fl ame shall be monitored using a thermocouple or any other equivalent de vice to dete ct the pre sence of a f lame. (Ef fec tive Fe bruar

y 12, 1990) (d) Com plian ce. Compli ance shall be det ermined in acc ordanc e with the provision of the CTG document (" Control of Refiner y Vac uum Producing sy stems, Wastewater Separators and Process Unit Turnar ounds," EPA 450/2-77-025, October

, 1977). Test repor ts and maintenanc e rec ords shall be maintained f

or at lea st two y ear s. I f emiss ion testing is re quired, the a ppropriate test method(s) selec ted from EPA Ref

ere nce Me thods l through 4, 21, a nd/or 25, shall be utiliz ed.

252:100-39- 18. P etr oleum refinery effl uent w ater separator s (a) Defini tion. "Ef

fl uent water separator " means any container in which any VOC floating on, entra ined in, or contained in water enter ing the container is phy sically separ ated and remove d from the wate r prior to discha

rg e of the water

from the c ontainer. (b) Requi re men ts. No owner or operator shall operate or install a single -compa rtment or multipl e-c ompartment eff luent water separ ator unless the compar tment rec eiving the eff

luent water is equipped to control emissions in one of the f ollowing wa

y s. (1) The c ontainer totally

enclose s the liquid contents and all opening s are seale d. All ga ug ing and sampling device s shall be g as-tig ht e x cept when g aug ing or sampling is taking place

. The oil r emoval devic es shall be g as-tig ht except w hen manual skimmi ng , inspection and/or repa ir is in progr ess. (2) T h e container is equipped with a vapor- rec overy sy stem, consisting of a vapor- g atheri n g sy stem capa

ble of collecting the VOC vapors and g ases discharg ed and a vapor- disposal sy stem
capa ble of proce ssing such VOC vapors and g ases to preve nt their emission to the atmosphere

. All tank g aug i ng and sampling device s shall be g as-tig ht except when g aug ing or sampling is taking place

. The VOC remova l device s shall be g as-tig ht except when m an u al skimmi ng , inspection and/or r epair

is in progr ess. (3) A container that is equipped with co n trols of equal eff iciency

, provided the plans and specific ations are approve d by the Division Director

prior to their use.

P ART 5. P ETROL EUM P ROCESS INGAND STORAG E

252:100-39- 30. P etr oleum liqu id storage in vessels wi th exte rnal f loating roofs (a) Defini tions. The following words and terms, when used in this Section, shall have the following meaning , unless the context clear ly indicates other

wise. (1) "Cond ensate" means hy droca rbon liquid separ ated from natura l g as which condense s due to chang es in the temper ature and/or pre ssure a nd rema ins liqui d at standar d conditions. (2) "Drillin g or production facility" means a ll drilli ng and ser vicing equipment, wells, flow li n e s , separ ators, equipment, g ather ing lines, and auxil iary non-transpor tation-rela ted equi p me n t used in the produc tion of petroleum but does not include natural g asoline plants. (3) "External floating r oof" means a storag e vessel cover in a n open top ta

nk consisting of a double deck or pontoon single deck which rests upon and is suppor ted by the petroleum liquid being contained and is equipped with a closure seal or seals to close the space betwee n the roof edg e and ta

nk wall. (4) "Lease custody transfer" means the transfe r of produce d crude oil and/or condensate, afte r proce ssing and/or trea ting in the producing opera tions, f r o m storag e vessels or automatic transfe r fac iliti es to pipelines or a ny other for m of transporta tion. (5) "Li qui d-m ounted seal" means primary seal mounted in continuous contac t with the liquid betwee n the vessel wa ll and the floatingroof. (6) "Pe trole um liqu id" means crude oil, condensate, and any finished or intermediate liquid products manuf

actur ed or e x trac ted in a petr oleum ref inery

. (7) "Vapor-m ounted seal" means a primary seal mounted so ther e is an annular vapor space underne ath the seal. The annular vapor space is bounded by the bottom of the primary seal, the vessel wa ll, the liquid s urfa ce, a nd the floatingroof.

146(8) "Waxy, high pour poin t crude oil" means a crude oil with a pour point of 59 F or highe r o

as deter mined by the A me r ic an Society of Testing and Materia ls Standard D97-66, "T est for Pour Point of P etroleum Oils." (b) Appli cability. (1) Thi s Section applies to petroleum liquid storag e vessels equipped with external floating roofs, having c apac ities gr eate r than 40,000 g al (150,000l). (2) This Section does not apply to petroleum liquid storag e vesse ls that: (A) are used to store wa x y , high pour point crude oil; (B ) have capa cities less than 422,675 g al ( 1,600 m ) an d ar e u sed to store produce d 3 crude oil and condensate prior to lea se custody transfe r; (C) contain a pe troleum 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-ty pe shoe seal, a liquid-mounted foam seal, a liquid-mounted liquid filled ty pe seal, or other closure device of demonstrated equivalenc e appr oved by

the Division Director ; or, (E) are of welded construction, are equipped with a metallic-ty pe shoe primary seal and have a seconda

ry seal from the top of the shoe seal to the vessel wa l l (s h o e-mounted seconda ry seal). (3) Storag e vessels that are subject to the equipment standards for external floating roofs in 40 CFR 60 Subparts Ka or

Kb ar e exempt from the re quirements of 252:100-39- 30. (4) Storag e vessels that are subject to the equipment standards for external floating roofs in 40 CFR 63 Subparts CC (63.646) or G shall be exe m p t fr o m t he require ments of 252:100-39-30 upon the date c ompliance with the standa rds in Subparts CC and G is require d. (c) Equ ipme nt and operating re qui rem ents. (1) Stand ards. Eac h storag e ves s el u s ed to store a petroleum li quid shall meet the following conditions. (A) The ve ssel has bee n fitted with: (i) a continuous seconda ry seal ex tending from the floating roof to the vessel wall (rim-mounted sec ondary

seal); or

, (ii) a closure device or other device which controls VOC emissions with an eff ectivene ss equal to or g reater than a seal require d in 252:100-39-30(c )(1) (A)( i) and approve d by the Division Director. (B ) All seal closure device s meet the following require ments. (i) There are no visible holes, tears, or other ope nings in the se al(s) or seal fa bric. (ii) The seal(s) are intact and uniformly in place around the circ umfere nce of the floating roof be tween the floating roof a nd the vessel wa ll. (iii) The acc umulated are a of g aps exceeding 1/8 in. (0.32 cm) in w idth be tween the seconda ry seal and the vessel wall when the seconda ry 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

o f vessel diameter ). This shall be deter mined by phy sically measuring the leng th and width of all g aps around the enti re ci rc u m fer ence of the seconda ry seal in eac h place wher e a 1/8 in. (0.32 cm) uniform diameter probe passes fre ely betwee n the seal and the vessel wa ll and summing the a rea s of the individual g aps. (C) All opening s in t he external floating roof, except for automatic bleede r vents, rim

space vents, and leg sleeve s, are : (i) equipped with cover s, seals, or lids in the closed position except when the opening s

are in actual use ; and, (ii) equipped with projec tions into the vessel which remain below the liquid surface at all times. (D) Automatic bleede r vents are closed at all times except when the roof is floated off or landed on the r oof leg

supports. (E) Rim vents are set to open when the roof is being floated off the leg supports or at the manufa cture r' s rec ommended setting s. (F ) Emerg ency roof drains are provided with slotted membrane fabr ic cover s or equivalent

cover s which cove r at lea st 90 perce nt of the ar ea of the opening

.

147(2) Monitoring. The owner or operator of a pet ro l eu m l i q uid storag e vessel with an ex terna l

floating roof subjec t to this Section shall: (A) perf

orm routine inspections sem i -a nnually in order to ensure compliance with 252:100-39-30(c )(1) (B )(i), i.e., no visible holes, tear s, or other opening s in the seals or seal fabr ic; (B ) measure the seconda ry sea l gap annually in acc ordanc e with 252:100-39- 30(c) (1)( B) (iii), when the floating roof is equipped with a vapor- mounted primary seal; and, (C) maintai n rec ords of the ty pes of volatile petroleum liquids stored, the true vapor pressure of the liquid as stored, and the results of the inspections perf ormed in 252:100-39- 30(c) (2)( A) a

nd 252:100-39-30(c )(2) (B ). (3) Rec ordkeeping. (A) C o p ies of all rec ords under 252:100-39-30(c )(2) shall be retained by the owner o r opera tor for a

minimum of two y ear s after the date on which the re cord w as made

. (B ) Copies of all re cords under this Section shall be made available to the Division Direc tor, upon reque st, at any rea sonable time. (d) Com plian ce schedule. Co mp li a n c e w it h th is Se c ti o n s h a ll b e acc omplished by aff ecte d fac iliti es by May 23, 1982.

P ART 7. SPECIF IC OP ERATIONS

252:100-39- 40. Cutback asph alt (paving) (a) Defini tions. "Cutback asph alt" m ea n s a basic asphalt or asphaltic concr ete containing a petroleum distillate. (b) Requirem ents. No owner , opera tor and/or contra ctor shall prepa re or apply cutbac k liquefied asphalt without the prior writ t en co n s en t o f the Division Direc tor. Such consent may be g rante d during Oklahoma' s non-oxi dant sea son, i.e., Novembe r 1 throug h Marc h 31.

252:100-39- 41. Storage, loading an d transport/delivery of VOCs (a) Storage of VOCs in vessels wi th storage capacities great er than 40,000 gallons

. Eac h vessel with a capa city g reater than 40,000 g al (1 5 1 m ) wh i ch stores g asoline or any VOC shall be a 3

pressure vessel capa

ble of maintaining working pressure s that preve nt the loss of VOC vapor or g as to the atmosphere or shall be e quipped with one or more of the following vapor c ontrol device s. (1) An external floating roof, that consists of a pontoon-ty pe or double-de ck ty

pe cover or a fix ed roof with an internal-f

loating cover

. The cover shall rest on the surfa ce of the liquid contents at all times (i.e., off the leg support s ), except during initial fill, when the storag e vessel is completely empty

, or during ref illing. When the cover is resting on the leg supports, the proce ss of filling, empty ing, or ref illing shall be cont i nuous and shall be acc omplished as rapidly as possible. The floating roof shall be equi p p ed with a closure seal, or seals, to close the space betwee n the cover edg e and vessel wall. Floating roofs are not appropr iate control device s if the VO C s h ave a vapor pressure of 11.1 psia (76.6 kPa) or g reater under actua l condition s

. Al l
g aug ing and sampling device s shall be g as-tig ht except when g aug ing or sampling is taking place

. Closure seals for fix ed roof vessels with an internal-f loatin g co ver shall meet the require ments of 252:100-39-30(c )(1) (B )(i) and (i i ). C l o sure seals for vessels with external floating roofs shall mee t the require ments of 252:100-39-30( c)( 1)(B )(i), ( ii), and (iii). (2) A vapor- rec overy sy stem that consists of a vapor- g ather ing sy stem capa ble of collecting 90
perc ent by weig ht or more of the uncontrolled VOCs that wo u l d o therwise be emitted to the atmosphere and a vapor- disposal sy stem capa ble of proce ssing VOCs t o preve nt emissions in

excess of 6.68 x 10 lb/ga l (80 mg/l) of VOCs transfe rre d. All vessel g aug ing and s am p ling -4 device s shall be g as-tig ht except when g aug ing or sampling is taking place

. (3) Other equipment or methods that are of equal eff iciency for purposes of air pollution control
may be used w hen appr oved by the Division Director

and in conc ert with fe dera l guide lines. (b) Storage of VOCs in vessels w ith storage c apacities of 400-40,000 gallon s. (1) Eac h g asoline or other VOC storag e vessel with a nominal capa city g reater than 400 g al (1.5

m ) and less than 40,000 g al (151 m ) shall be equipped with a submerg ed fill pipe or be bottom 3 3 filled.

148(2) The displaced va pors from e ach stora g e vesse l with an aver ag e daily throug hput of 30,000
g al (113,562 l) or g reater which stores gasoline or other VOCs shall be processed by a sy stem that has a total collection eff iciency no less than 90 perc ent by weig ht of total VOCs in the

vapors. (A) The va

por re cover

y sy stem shall include: (i) a vapor -tig ht return line f rom the storag e vesse l to the delivery vessel and a sy stem that will ensure that the va por re turn line is connec ted bef ore g asoline or VO Cs can be transfe rre d into the storag e vesse l; or, (ii) other equipment that has a total collection eff i ci en cy n o l ess than 90 perc ent by weig ht of the total VOCs in the displaced vapor if approva l is obtained from the Division Direc tor prior to start of c onstruction. (B ) The require ments fo r v ap or collection of displaced vapors shall not apply to
opera tions that are not major sour ces. (c) Loadi ng of

VOCs. (1) Eac h VOC loading fac ility with an annual throug hput of 120,000 g al (454,249 l) or g rea ter

or storag e capa city g reater than 10,000 gal (38 m ) shall be equipped with a vapor- collection 3 and/or disposal sy stem . (2) Whil e VOCs are loaded throug h the hatche s of a transport vessel, a pneumatic, hy draulic or mecha nical mea ns shall be provided to e nsure a vapor- tight sea l at the hatch. (3) A means shall be provided to preve nt VOC draina g e from the loading d ev i ce wh en it is

remove d from the tra

nsport vessel, or to a ccomplish complete dr ainag e bef ore r emoval. (4) When loading is by means other than hatche s, all loading and vapor lines shall be equipped with fittings th at make vapor- tight connec tions and which close automatically when disconnec ted. (5) The vapor collection and/or disposal portion of the sy stem shall consist of one or more of the elements l i s ted in 252:100-39-41(c ) (5)( A) throug h 252:100-39-42(c ) (5)( C) in addition to bottom loading or submerg ed fill o f transport vessels. Storag e vessels at service stations and bulk plants may be used for intermediate storag e prior to rec overy /disposal of vapors as specifie d in 252:100-39-41(c )(5) (A) thr oug h 252:100-39-41(c )(5) (C) if they are desig ned to pre vent the rele ase of vapors dur ing use

. (A) An absorption/adsorption sy stem or conden s at i on sy stem that has a minimum

rec overy eff

iciency of 90 per cent by

weig ht of all the VOC vapors and g ases enter ing such disposal sy stem. (B ) A vapor handling sy stem which directs all vapors to a fuel g as i n ciner ation sy stem with a minimum di sposal eff iciency of 95 per cent. (C) Other equipment th at has at least a 90 perc ent eff iciency

, provided plans for such equipment ar e appr oved by the Division Director

. (6) Subsection 252:100-39-41(c ) shall apply to a ny fac ility that loads VOCs into a ny transport vessel desig ned for

transporting VOCs. (d) Transport/delivery. (1) The va

por-lade n delivery

vessel shall mee t one of the f ollowing r equire ments. (A) The delivery

vessel must be desig nated and opera ted to be vapor tight except when sampling, g aug ing, or

inspecting

. (B ) The de livery

vessel mus t be equipped and operated to deliver the VOC vapors to a
vapor r ecove ry

/disposal sy stem. (2) No owner or opera tor shall allow a delivery vessel to be filled at a fac ility unable to rec eive displaced VOC vapors nor service vessels unable to deliver displaced vapors except for vessels and fa cilities ex empted in 252:100-39-41( b) and 252:100-39- 41(c)

. (3) Testing of the tank trucks for compliance with the vapor tightness requir em en t s must be consistent with Appendix "B " EPA Guideline S erie s Document, "Control of Volat i l e Orga nic Compound L eaks from Gasoline Tank Trucks and Vapor Collection Sy stems," EPA 450/2-78- 051, or an e quivalent method as de termined by the Division Director

. (e) Addition al requirem ents for Tul sa County. (1) Appli cability. This subsection applies only in Tulsa County

. (2) Storage of VOCs.

149(A) 2,000 - 40,000 gallons capacity. Eac h storag e vessel with a nominal capa city g rea ter

than 2,000 g al (7.6 m ) and less than 40,000 g al (151 m ) that stores g asoline or other VOCs 3 3

or eac h storag e vessel located at a fac ility that dispenses more than 120,000 g al/y r of g asoline

or other VOCs, in addition to being equipped wi t h a s u b m erg ed fill pipe or being bottom loading

, shall be equipped with a vapor control sy stem. The vapor control sy stem shall have an efficienc y of no less th an 9 0 p ercent by weig ht of t he VOCs contained in the di splace d

vapors and shall be equipped with a pressure relief valve in t h e at mospheric vent sy stem which maintains a pressure of 16 oz/i n. and l/2 oz/i n. vacuum. The vapor rec overy sy stem 2 2 shall include one or

more of the following

. (i) A vapor- tight return line from the storag e vessel to the delivery vessel and a sy stem that will ensure that the va por re turn line is connec ted bef ore g asoline or VO Cs can be transfe rre d into the storag e vessel (i.e., poppeted connec tors from the storag e vesse l to the deliver

y vessel.). (ii) A fl oat vent valve assembly installed in the vapor return/ve nt line on new and exis ting dual point installations; howeve r, for coaxial installations on exis ting stations,

a vent sleeve extending 6 in. (15 cm) below the top of the vessel will be allowed. Sleeves may

be equippe d with a 1/16 in. (0.16 cm) a ir bleed hole

. (iii) A vapor rec o v er y l i n e with a cross-se ctional are a that is at least half of the

cross-se ctional ar ea of

the liquid delivery

line. (iv) Other equipment that has a total collection eff iciency no less than 90 perc ent by weig ht of the total V OCs in the displaced va por if appr oved by

Division Director prior to start of construc tion. (B ) Appli cability. (i) Any vessel with a capac ity g reater than 2,000 g al (7.6 m ) or any vessel located at 3

a fac ility that dispenses more than 120,000 g al/y r (454,249 l/y

r) shall be and will alway s

rema in subject to 252:100-39-41(e )(2) . (ef fec tive Fe bruar

y 12, 1990). (ii) Ex emptions to 252:100-39- 41(e) (2) may be g rante d if the owner or operator shows
to the satisfac tion of the Division Direc tor that the vess el i s used exclusively for
ag ricultural pur

poses. (C) Em ission test ing. I f emission testing is cond u ct ed

, the appropr iate test methods selec ted from EPA Methods 1 throug h 4, 18, 21, 25, 25A and 25B shall be utiliz ed. (D) Com plian ce. Compli ance with 252:100-39-41(e )(2) shall be accomplished by the

owner or oper ator of a ffe cted f

acilities by

Dec ember

31, 1986. (E) Cer tification. The owne r or ope rator of a fa cility shall obtain, by

whateve r mea

ns prac ticable, cer

tification from the owner or operator of the transport/deliver y vessels that all deli v er i es of g asoline or other VOCs made to their 400-g allon to 40,000-g allon storag e fac ility located in Tulsa County shall be made by transport/deliver y vessels that comply with the require ments contained in 252:100-39-41(e )(4)

. Compli ance with 252:100-39-41(e )(2) shall be ac complished by

owner s or oper ators of a ffe cted fac iliti es no later than Dec ember 31, 1990. (Eff

ective F ebrua

ry 12, 1990) (3) Loadi ng of VOCs. I n addition t o t h o s e require ments contained in 252:100-39-41(c ), stationary loading fac iliti es shall be chec ked annually in acc ordanc e with EPA Test Method 21, L eak Test. L eaks g reater than 5,000 ppmv shall b e re p ai re d wi t hin 15 day s. Fa cilities shall
reta in inspection and re pair re cords f or at lea st two y ear s. (4) Transport/delivery vessel requirem ents. I n addition to the require ment s contained in 252:100-39-41(d) , fac iliti es loca ted in Tulsa County must meet the following require ments. (A) Maintenance. (i) The delivery vessel must be maintained so that it is v ap o r t i ght except when sampling, g aug ing, o r i n s p ec ting. These activities shall not occur while the vehicle is loading or unloading or is in a pre ssurized state. (ii) The delivery vessel must be equipped, mai n tained, and opera ted to rec eive vapors from source s identified in 252:100-39-41(b) (1) and 252 :1 0 0

- 3 9

- 4 1 ( b ) ( 2 ) a n d r e ta in these and all other vapors until they are delivere d into a

n authorized vapor rec overy /disposal
sy stem. (iii) Vessels with def

ective e quipment such as boots, seals, a nd hoses, or with othe r

150defic iencies that would impair the vessels' ability to reta in vapors o r l i q u i d s h all be

repa ired within 5 day s. (iv) The cer

tified testing fac ility must cer tify to the approving ag ency that the proper testing an d repa irs have occur red in acc ordanc e with 252:100-39-41(e )(4) (B )(i). The vessel must also display

on the re ar pa

nel a tagshowing the date of the pre ssure test. (v) No owner or operator shall allow a delivery vessel to be filled at a fac ility unable to

rec eive displaced VOCs nor service vessels unable to deliver displaced vapors except for vessels/fac iliti es exempted in 252:100-39-41(b)

. Terminal owner s shall not fill vessels that do not display

a cur rent tag

. (vi) Deliver

y vessels may be inspected by repr esenta tives of the DEQ in order t o deter mine their state of repa ir. Such a test may consist of a visual inspection or a vapor test with vapors n o t t o ex ceed 5,000 ppmv. Fa ilure of a vapor test shall require the

owner or opera

tor to make the nece ssary repa irs within 10 day s. Fa ilure to cer tify within 10 day s of a vapor test that the nece ssary repa irs have been made shall subject the owner

or operator to sanctions. Upon cer tification of repa irs, the vessel will be al l o wed to

resume nor

mal opera tion. (B ) Testing requirem ents. (i) P ressure test

. (I ) Deliver

y vessels, delivering or re ce i v ing g asoline must be tested one time per y ear for vapor tightness. The vapor tightness test must be consistent with Appendix "A " EPA Guideline Series Document, "Control of Volati le O r g a n ic Co mp o u

n d L e a k s fr o m Gasoline Tank Trucks and Vapor Collection Sy stems", EPA 450/2-78-051. Tests shall be perf

ormed by the owner or a transport service company

. Test methods used to test these vessels by owner s or testing companies must be approve d for use by the Division Director

. (I I ) The vessel shall be considere d to pass the test presc ribed in 252:100-3941(e) (4)( B) (i)(I ) when the test results show that the vessel and its vapor collection sy stems

2 do not sustain a pressure chang e of more than 3 in. H 0. There shall be no avoidable visible liqui d leaks. (ii) Vapor test

. Testing of the tank trucks for complian ce wi t h vapor tightness require ments as require d under 252:100-39-41(e )(4) (A) (vi ) must be consistent with Appendix "B " EPA Guideline Series Document, "Co n tr o l o f V o la

ti le O r g a n ic Co mpound L eaks from Gasoline Tank Trucks and Vapor Collection Sy stems", EPA 405/2-78-051,

as modified for this purpose in Section 252:100-39-41.1. The require ments of 252:100- 39-41(e ) took eff

ect De cembe r 15, 1988.

252:100-39- 41.1. Gasoline vapor leak detec tion m ethod by com bus tible gas detec tor (a) P rinciple. A combustible g as detec tor is used to indicate any incidence of leaka g e from g asoline truck tanks and vapor control sy stems. This qualitative monitoring proce dure is an enfor ceme nt tool to confirm the c ontinuing existence of le ak-tig ht conditions. (b) Defini tions. The following words and terms, when used in this Section, shall have the following meaning , unless the context clear ly indicates other

wise: (1) "Truck tank" means any container

, including associate d pipes and fittings, that is used for the transpor

t of g asoline. (2) "Truck tank vapor collect ion equip m en t" means any piping, hoses, and device s on the truck tank used to collect and route the gas o l i n e v ap o rs in the tank to the bulk terminal, bulk plant, or ser

vice station vapor

control sy stem. (3) " Vap or control system " means any piping, hoses, equipment, and device s at the b u l k terminal, bul k plant, or service station, which is used t o collect, store, and/or process gasoline

vapors. (c) Appli cability. The g asoline vapor leak detec tion proce dure by combustib l e gas d etector is applicable to deter

mining the leak- tightness of g asoline truck ta nks during loading without taking the truck tank o u t o f s ervice. The method is applicable only if the vapor control sy stem does not

cre ate back- press u re i n ex ce s s of the pressure limit s of the truck tank compliance leak test. For
vapor c ontrol sy stems, this m ethod is applicable to determining leak- tightness a t any time.

151(d) Apparatus and specifications.

(1) Manom ete r. L iquid manometer

, or equivalent, capa ble of measuring up to 6250 pasca ls (25

2 2 inches H O) g aug e pre ssure with +25 pa scals (0.1 inc h H O) pre cision shall be used. (2) Com bus tible gas detec tor. A portable hy droca rbon g as analy

zer with associate d sampling line and probe having the following specific ation shall be used. (A) Saf

ety. The detec tor shall be cer tified as safe for operation in explos ive atmosphere s. (B ) Range. T he minimum rang e for the detec tor shall be 0-100 perc ent of the lower explos ive limit (L EL ) as pr opane. (C) P robe d iam ete r. The sampling probe shall have an i nterna l diameter of 0.625 cm (1/4 inch). (D) P robe length. The probe sampling line shall be of sufficie nt leng th for easy

maneuve rability

during testing. (E) Re s p o n s e ti m e. The response time for full-sca le defle ction shall be less than 8 seconds f or dete ctor with sampling line and probe attache d. (e) Test proce dure. (1) P ressure

. Place a pressure tap in the terminal, plant, or service station vapor control sy stem,

as close as possible to the connec tion with the truck tank. Record the pressure periodica lly during testing. (2) Calibration. Calibrate the combustible g as detec tor with 2.2 perc ent propane by volume in air for 100 perc ent L ELresponse

. (3) Monitoring procedure. During loading or unloading , chec k the periphe ry of all potential

source s of leaka g e of the truck tank and of the terminal, plant, or service station vapor collection
sy stem with a combustible g as dete ctor. (A) P robe distance. The probe inlet shall be 2.5 cm fr om the potential leak sourc e. (B ) P robe m ovem ent. Move the probe slowly (2.0 cm/second)

. I f there is an y meter defle ction at a potential leak source, m o v e the probe to locate the point of highe st meter
response

. (C) P robe position

. As much as possible, the probe inlet shall be positioned in the path of (pa rallel to) the va

por flow f rom a lea k. (D) Wind

. Attemp t as m u ch as possible to block the wind from the are a being monitored. (4) Rec ording. Record the highe st detec tor rea ding and location for eac h incidence of leaka g e.

252:100-39- 42. Met al cleaning (a) Cold cleaning f

acility. (1) Equ ipme nt requ i re ments. An owner or opera tor of any cold clea

ning unit for metal deg rea sing w hich uses a V OC shall: (A) install a cover

or door on the f

acility that can be easily

operated with one hand; (B ) provide an internal drain board that will allow lid closure if prac tical; if not prac tical, provide a n external draina g e fa cility ; and, (C) attach a perma

nent, conspicuous label summarizin g t h e operating require ments specifie d in 252:100-39-42(a )(2) to the fac ility

. (2) Operating requirem ents. Owner s or oper ators shall at a minimum : (A) drain c lean pa

rts at least 15 sec onds or until dripping c ease s befor e re moval; (B ) close de g rea ser c over w hen not handling parts in clea ner; (C) store wa ste VOC in cover ed conta iners; (D) not dispose or allow disposition of waste VOC in such a manner that more than 20

perc ent by

weig ht can e vapora te into the atmosphere

. (E) use a solid fluid strea m, not an atomized spray , when VO C is spray ed. (3) Requirem ents f

or controls. I f t he vapor pressure of t h e VO C i s greater than 0.6 psi (4.1 kPa) m easur ed at 100 E F (38 E C) or i f VOC is heate d to 248 E F (120 E C), the owner or operator shall apply

one or more of the following control devic es/technique s. (A) Fr eeboa

rd that g ives a fr eeboa

rd ra tio gr eate r than or e qual to 0.7. (B ) Water cover wher e the VOC is insoluble in and denser than water or such equivalent. (C) Another sy stem of equivale nt control as appr oved by the Division Director

.
152(4) Com plian ce and rec ordkeeping. Compli ance shall be deter mined in acc ordanc e with EPA
g uidance document "Control of Volatile Org anic Emissions from S o l v ent Metal Cleaning ," 450/2-77-022. Test reports and maintenance and repair record s o f control equipment shall be maintained by

the source for a t least two y ear s. (b) Vapor-type m etal degr easing. (1) Equ ipme nt requirem ents. An owner or operator of any vapor- ty pe metal deg rea sing unit using A VOC shall ensure that the following require ments are met. (A) The unit shall have a cover or door that can easily be o p en ed an d closed without disturbing the va

por zone. (B ) The unit shall have the following safe ty switches. (i) Condenser flow switch and thermostat or equivalent capa ble of shutting off the sump heat if condense r coolant is not circ u l at i n g or coolant exceeds VOC manufa cture r' s

rec ommended leve l. (ii) Spr ay safe ty switch capa ble 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 devic es/technique s. (i) Fr eeboa

rd ratio not less than 0.75, i.e., the ratio of the fre eboar d to the width of the deg rea ser wher ein the term fre eboar d is define d as the distance from the top of the vapor zone to the top of the deg rea ser tank. (ii) Refrig erated chiller, i.e ., condense r coils in the upper limit of the va

por zone. (iii) Enclosed desig n, i.e., cover or door is opened only wh en a part is actua lly
enter ing or

exit ing the fac ility

. (iv) A car

bon adsorption sy stem with ventilation g reater than 50 cfm/ft of air/vapor 2

are a when cover is open

. The sy stem shall exhaust less than 25 ppmv VOC aver ag e over one adsor ption cy cle. (v) A control sy stem demonstrated to have a control eff iciency equal to or g reater than
any of the sy stems in 252:100-39-42(b)( 1)(C). (D) A perma

nent conspicuous label summarizing operating require ments in 252:100-39- 42(b)( 2) shall be a ttached to the unit. (2) Operating requirem ents. An owner or operator of a vapor ty pe metal deg rea sing unit using VOC shall ensure that the following require ments are met. (A) As a minimum operators sha ll: (i) keep the cover

closed a t all times ex cept whe n deg rea sing pa rts; (ii) rac k parts to allow full dra inag e; (iii) move par

ts in and out of the deg rea ser a t less than 11 ft/min (3.4 m/mi n); (iv) deg rea se the workload in the vapor zone at least 30 seconds or until condensation

cea ses; (v) tip out any

pools of VOC on the cle aned pa rts befor e re moval; (vi) allow parts to dry within the deg rea ser for at least 15 seconds or until visually dry ; (vii) assure that VOC lea k s ar e i mmediately repa ired or the degr ease r i s shut down; and, (viii) store wa ste VOC only in closed conta iners. (B ) As a minimum operators sha ll not: (i) deg rea se porous or a

bsorbent mater ials, such as c loth, leather, w ood or rope ; (ii) allow workloa ds to occupy more than ha lf of the de g rea ser' s open top are a; (iii) spray

above the vapor le vel; (iv) allow g reater than 20 perc ent of the VOC waste (by weig ht) to evapor ate into the atmosphere when disposing of the wa ste or tra nsfer ring the waste to another pa rty ; (v) allow exhaust ventilation to exceed 65 cfm /f t ( 20 m /min/m ) of deg rea ser open are a, 2 3 2 unless nece ssary

to meet OSHA re quirements. (vi) use ventilation fans ne ar the deg rea ser ope ning; or

, (vii) allow wate r to be visually detec table in VOC exiti ng the wate r sepa rator. (3) Com plian ce and rec ordkeeping. Compli ance shall be deter mined in acc ordanc e with EPA document 450/2-77-022 and all test and maintenanc e rec ords shall be reta ined by the source for at least two y ear s.

153(c) Conveyorize d degreasing un it.

(1) Operating requi re ments. An owner or operator of a convey orized deg rea sing unit using VOC shall ensure that the following require ments are met. (A) Ex haust ventilation shall not exceed 65 cfm/ft (20 m /min/m ) of deg rea ser opening

, 2 3 2 unless nece ssary

to meet OSHA re quirements. (B ) Work place f

ans shall not be used ne ar the deg rea ser ope ning. (C) Carry -out emissions shall be minim ized by : (i) rac king pa

rts for be st drainag e; and, (ii) maintaining ve rtical c onvey or spee d at less than 11 ft/min (3.4 m/min). (D) Evaporation of waste VOC into the atmosphere shall not be g reater than 20 perc ent

o f t he waste (by weig ht) when disposing of the waste or transfe rring the waste to an o t h er party

. (E) Waste VOC shall be stored only in cover ed conta iners. (F ) VOC leaks must be re paire d immediately , or the de g rea ser must be shut down. (G) Water shall not be visibly detec table in the VOC e x iting the wa ter sepa rator. (H) A perma

nent conspicuous label summarizing the operating require ments listed in 252:100-39-42(b) and 252:100-39-42( c)sha ll be attache d to the unit. (2) Control requirem ents. I n additio n to th e require ments in 252:100-39-42(c )(1)

, any unit that has an air/vapor interfa ce of more than 21.5 ft (2.0 m ) shall be subject to the following control 2 2 require ments. (A) Major control device s. The de g rea ser must be c ontrolled by either: (i) a re frig era

ted chiller; (ii) a car bon adsorption sy stem that exhausts less than 25 ppmv of VOC aver ag ed over a complete adsorption cy cl e an d h as ventilation equal to or gre ater than 50 cfm/ft (15 2

m /min/m ) of a ir/vapor a rea (whe n down-time cove rs ar e open) ; or, 3 2 (iii) a sy s t em d em o nstrated to have control eff iciency equivalent to or better than either of the above

. (B ) Carr yover prevention. Either a dry ing tunnel, or another m ea n s s u ch as rotating (tumbling) basket, sufficie nt to preve nt clea ned parts from car

ry ing out VOC liquid or vapor subject to space limit ations must be installed. (C) Saf

ety sw itches. The following safe ty switches must be installed and be operational. (i) Condenser flow switch and thermostat that shuts off sump heat if coolant is either not circ ulating or

too warm. (ii) Spray safe ty switch that shuts off spray pump or convey or if the vapor l ev el drops excessively , e.g . more than 4 in (10 c m). (iii) Vapor level control thermostat that shuts off sump heat when vapor level rises too high. (D) Minim ized openin gs. E n t rances and exit s shall silhouette work loads so that the

aver ag e clea

ranc e betwee n parts and the edg e of the deg rea ser opening is e ither less than 4 in. (10 cm) or

less that 10 perc ent of the w idth of the opening

. (E) Cover s. Down-time cover s must be place d over entra nces and exit s of convey orized deg rea sers im

me d ia te ly a f te r th e c onveyor and exhaust are shutdown and remove d just befor e they are started up. (3) Com plian ce and rec ordkeeping. Compli ance shall be deter mined in acc ordanc e with EPA document 450/2-77-022

. All test and maintenanc e rec ords shall be reta ined by the source for at least two y ear s. (d) Alter native control m ethods. As an alternative to the re quirements of 252:100-39-42(a ) throug h 252:100-39-42(c ) and subject to EPA approva l, an operator may reque st the approva l by the Division Direc tor of ot her methods of control. The applicant must demonstrate that the proposed method will preve nt at least 80 perc ent of the emissions from eac h source from being emitted to the atmosphere

, as determined by the appropriate test met hods selec ted from EPA Methods l throug h 4, 18, 25, 25A and 25B

.

252:100-39- 43. Gr aphi c art s system s (a) Defini tions. The following words and terms, when used in this Section, shall have the following

154meaning , unless the context clear ly indicates other

wise. (1) "Flexogr a ph ic pr in t in g" means the application of words, desig ns and pictures to a substrate by means of a roll printing technique in which the pattern t o b e ap p l i ed i s raised above the printing r oll and the imag e ca rrier is made of r

ubber or other e lastomeric mate rials. (2) "Pac kagin g rotogr avure printing" means rotog ravur e printing upon paper , paper board, metal foil, plastic film, an d o t h er substrates, that are , in subsequent operations, formed into packa g ing pr oducts and labe ls for ar ticles to be sold. (3) "Publication rotogr avure printin g " m eans rotog ravur e printing upon paper which is subsequently formed into b o o k s , mag azines, cata logue s, brochur es, direc tories, newspa per supplements, and other

ty pes of pr inted materia ls. (4) "Roll printin g" means the application of words, desig ns and pictures to a substrate usually by means of a

series of hard r ubber or steel rolls ea ch with only partial c overa g e. (5) "Rotogravure printin g" means the application of works, desig ns and pictures to a substrate by means of a roll printing technique that involves an intag lio or rec essed imag e are as in the form of ce lls. (b) Appli cability. This Section applies only to packa g ing rotog ravur e, publication rotog ravur e, and flexogra phic printing fac ilit i es wh o s e potential emissions of VOC are equal to or more than 100 tons/y r (90 Mg /y

r). Potential emission s shall be calc ulated based on historical rec ords of actua l consumption of VOC and ink. (c) P rovisions f

or specific processe s. (1) An owner or opera tor of a fa cility subject to this Section which uses VOC containing ink shall ensure that one of the following conditions is met. (A) The volatile fra ction of ink, as it is applied to the substrate, contains 25.0 perc ent by volume or less of VO C and 75.0 perc ent by volume or more of

water

. (B ) The ink as it is applied to the substrate, less water

, contains 60.0 perc ent by volume or more of

nonvolatile materia l. (C) The owne r or ope rator installs and ope rate s: (i) a car bon adsorption sy stem that reduc es the VOC emissions from the captur e sy stem by at least 90.0 pe rce nt by

weig ht; (ii) an incineration sy stem that ox idiz es at least 90. 0 perc ent of the VOC measure d as total combustible carbon to c arbon dioxide and wate r; or, (iii) an alterna tive VOC emission reduc tion sy stem demonstrated to have at least 90.0
perc ent reduc tio n ef

fi cienc y , measure d acr oss the control sy stemwhich has been

approve d by

the Division Director

. (2) A captur e sy stem must be used in conjunction with the emission control sy stems in 252:100- 39-43(c )(1) (C). The desig n and operation of t he capture sy stem must be consistent with good
eng ineer ing prac tice, and shall be require d to provide for an overa ll reduc tion in VOC emissions of at lea st: (A) 75.0 perc ent wher e a publication rotogr avure proce ss is employ ed; (B ) 65.0 perc ent wher e a pa ckag ing r otogr avure proce ss is employ ed; or, (C) 60.0 perc ent wher e a f lexogra phic printing proce ss is employ ed. (d) Com plian ce schedule. Compli ance with this Section shall be a c c o mp li s h e d b y a f f e c te d f a c il it ie s by May 23, 1982. (e) Testing. Test proce dures to deter mine compliance with this Subchapter must be consistent with EPA Refer ence Method 24 or equiva lent ASTM Methods.

252:100-39- 44. Manuf acture of p neum atic r ubb er t ires (a) Defini tions. The following words and terms, when used in this Section, shall have the following meaning , unless the context clear ly indicates other

wise. (1) "Autom atic tread end cem enting" mea n s t h e application of a VOC based cement to the tire trea d ends by

automated de vices. (2) "Bead d ipp ing" means the dipping of an a ssembled tire be ad into a VOC ba sed ce ment. (3) "Gre en tire s" means a ssembled tires bef ore molding and cur ing ha ve occ urre d. (4) "Gre en tire spraying" means the spray ing of g ree n t i res, both inside and outside, with rele ase compounds that help remove air from the tire during molding and preve nt the tire from

155sticking to the mold af ter c uring

. (5) "Manu al t read end cem enting" means the application of a VOC based ceme nt to the tire
trea d ends by

manufa cture rs. (6) "Passenger type tire " means ag ricultural, airplane

, industrial, mobile home, light and medium duty truck, and passeng er vehicle tires with a bead diameter up to but not including 20.0 inches a nd cross sec tion dimension up t o 12.8 inches. (7) "Pneum atic rubber tire m anuf a cture " means the production of pneumatic rubber

, passeng er ty

pe tires on a

mass production basis. (8) "Und ert read cem enting" means the application of a VOC based ceme nt to the unde rside of a tire trea d. (9) "Water based sprays" means rele ase compounds, spray ed on the ins i d e an d outside of
g ree n tires, in which solids, water and emulsifiers have been substitut ed for VOCs. These spray s may contain an a

vera g e of up to five perc ent VOC. (b) Appli cability. (1) This S ec t i o n applies to VOC emissions from all major source pneumatic rubber tire manufa cturing fac iliti es loca ted in Oklahoma County from: (A) undertre ad ce menting; (B ) automatic tre ad end c ementing ; and, (C) g ree n tire spra

y ing. (2) The provisions of this Section do not apply to the production of specia lty tires for antique or other vehicles when produce d on an i rr egu l ar basis or with short production runs. This exemption applies only

to tires produce d on equipment sepa rate from norma l production lines for pa sseng er ty

pe tires. (3) Manual tre ad end c ementing operations are e x empt from the pr ovisions of this S ection. (c) Control re qui rem ents. (1) Undertr ead cem enting or autom atic tre ad end cem enting. The owner or operator of an undertre ad ceme nting, or automatic trea d end ceme nting, operation subject to this Section shall install and opera te the following

. (A) A captur e sy stem, desig ned to achie ve maxi mum rea sonable captur e fr o m al l undertre ad ceme nting, and automatic trea d end ceme nting operations. Maxi mum rea sonable captur e would require that hood enclosure s be desig ned to minimi ze open are as and enclose

as much of the emission source as prac tical while maintaining a minimum in-draf t velocity of 200 ft/min (61 m/min) e x cept during times w hen the enclosure must be opened to a llow work inside or for the inspections of the product in prog ress. Maxi mum rea sonable captur e shall be consistent with: (i) I n d u s tr ia l V e n ti la

ti o n , A M a

n u al of Recommende d Practice s, 14th Edition, Americ an Fe deration of I ndustrial Hy g ienists; and, (ii) Recommende d I n d ustrial Ventilation g uidelines, U.S. Depa rtment of Hea lth Educa tion and Welfare , National I nstitut e of O ccupational Safety and He alth. (B ) A control de vice that mee ts the require ments of one of the following sy stems. (i) A car bon adsorption sy stem desig ned and operated so that there is a t le ast an initial 95.0 perc ent remova l of VOC by weig ht from the g ases ducted to the control device with at least a 90 perc ent 3 y ear

remova l aver ag e. (ii) An incinera tion sy stem that ox idiz es at least 90.0 perc ent of the VOCs (mea sured as total combustible carbon) which ente r the incine rator to c arbon dioxide and wate r. (iii) An alterna tive VOC emission reduc tion sy stem cer tified by the owner or operator
to have at least a 90.0 perc ent reduc tion eff iciency

, measure d acr oss the control sy stem, and that has be en appr oved by the Division Director

. (2) Gr een tire spraying. The owner or operator of a g ree n tire spray ing operation subject to this Section shall implement one of the f ollowing mea

ns of re ducing VOC emissions. (A) Substi tute water -base d spray s for the nor mal VOC-base d mold relea se compound. (B ) I n s t al l a captur e sy stem desig ned and operated t o captur e and transfe r at least 90

. 0
perc ent of the VOC emitted by the g ree n tire spray ing operation to a control device

, and install and operat e a co n t rol device that meets the require ments of one of the following
sy stems.

156(i) A car bon adsorption sy stem desig ned and operated so that there is at leas t 9 5

. 0
perc ent re moval of VOC by weig ht from the g ases duc ted to the control de vice. (ii) An incinera tion sy stem that ox idiz es at least 90.0 perc ent of the VOCs (mea sured as total combustible carbon) to car bon diox ide and water. (iii) An alterna tive VOC emission reduc tio n s y s te m a p p r o v e d b y th e D iv is io n Direc tor and cer tified by the owner or operator to have at least a 90.0 perc ent reduc tion eff iciency

, measure d acr oss the control sy stem. (3) Ex e m pt io n. I f the total VOC emissions from all undertre ad ceme nting, trea d-end ceme n ti n g , bead dipping, and g ree n tire spray ing operations at a pneumatic rubb e r tire manufa cturing fac ility do not exceed 57 g /tire, 252:100-39-44(c )(1) and 252:100-39-44( c)( 2) shall not apply

. (d) Com plian ce schedule. Compli ance with this Section will be acc omplished by aff ecte d fac iliti es on or bef ore D ece mber 31, 1982. (e) Testing and m onitoring. (1) Test proce dures to deter mine compliance with this Section must be approve d by the Division Direc tor and be consistent with: (A) EPA Guideline Series D ocument " Measur ement of V olatile Org anic Compounds," EPA-450/2-78-041. (B ) Appendix A of "Control of Volatile Org anic Emissio ns from Ex isting Stationary Sources - Volume I I : Surfac e coating of Cans, Coils, Paper, Fa b ri cs , Automobiles, and L ight- Duty

Trucks," EPA-450/2-77-008. (2) The Division Direc tor may acc ept, instead of g ree n tire spray analy sis, a cer tification by the manufa cture r of the composition of the g ree n tire spray , if supported by actua l batch formulation

rec ords. (3) I f add-on control equipment is used, continuous monitors shall be installed, periodica lly calibra ted, and operated at all times that the associated control equipment i s operating. These monitors shall measure: (A) exhaust ga s tempera ture of a n incinerator; (B ) tempera ture rise acr oss a ca taly tic incinerator bed; (C) brea

kthroug h of VOC on a c arbon a dsorption unit; and, (D) any other para

meter for which a continuous monitoring or rec ording device i s require d by

the Division Director

.

252:100-39- 45. P etr oleum (solvent) dry c leaning (a) Defini tions. The following words and terms, when used in this Section, shall have the following meaning , unless the context clear ly indicates other

wise. (1) "Cartridge fi lter s" means perf orate d canister s containing filtration paper and/or activate d

car bon that are used in a pressurized sy stem to remove solid particle s and fug itive dy es from soil-laden petr oleum solvent. (2) "Contain er s a n d conveyors of petrole um solvent" means piping, ductwork, pumps, storag e tanks, and other ancillar y equipment that are associate d with the installation and

opera tion of washer s, dry ers, f ilters, still s, and settling ta nks. (3) "Dry cleaning" means a proce ss of the clea ning of text iles and fabr ic prod u ct s in which article s are washed i n a n o n-aque ous solution (petrole um solvent) and then dried by exposure to a hea ted air stre am. (4) "Hou sekeeping" means those measure s and prec autions nece ssary to minimi ze the rele ase of petrole um solvent to the atmosphere. (5) "Op erat ions paramet er s " means the activities require d to insure that the equipment is

opera ted in a manne r to prec lude the loss of petrole um solvents to the atmosphere. (6) "Pe rce ptibl e leaks" means any petroleum solvent vapor or liquid leaks that are conspicuous from visual obser

vation, such as pools or droplets of liquid, or buckets or ba rre ls of petroleum solvent or petrole um solvent-laden wa ste standing open to the atmospher e. (7) "Pe trole um solvent" means org anic materia l produ c e d b y p e tr o le u m d is tillation comprising

a hy droca rbon rang e of 8 to 12 car

bon atoms per org anic molecule that exis ts a s a liquid under standard c onditions. (b) Appli cability. This Section applies to petroleum solvent washe rs, dry ers, filters, settling tanks,

157vacuum still s, and other c ontainers a nd convey ors of pe troleum solvent that are used in pe troleum solvent dry

clea ning f acilities in Tulsa County

only

. (c) Operating requirem ents. (1) The owner or opera tor of a petroleum solvent dry clea ning fac ility shall not opera te any dry clea ning e quipment using pe troleum solvents unless: (A) there are no perc eptible liquid or vapor lea ks from any

portion of the equipment; (B ) all washe r lint traps, button traps, acc ess doors and other parts of t h e equipment wher e petroleum solvent may be exposed to the atmosphere are kept cl o s ed at all times except when r equire d for pr oper ope ration or maintena nce; (C) the still residue is stored in seale d container sand the used filtering materia l is place d into a seale d container suitable for use with petroleum solvents, immediately afte r remova l from the f ilter and disposed of in the pr escr ibed manner ; or, (D) car

tridg e filters containing paper or car bon or a combination there of, which are used in the dry clea

ning pro ce s s ar e d raine d in the filter housing for at least 24 hours prior to

remova l. (2) The owner or opera tor of a petroleum solvent dry clea ning fac ility shall not operate any d ry i n g tumblers and cabine ts that use petroleum solvents unless tumblers and cabine ts ar e opera ted in a manner to control petroleum solvent vapor leaks by reduc ing the number of source s wher e petroleum solvent is exposed to the atmosphere

. Under no circ umstances should there be
any open container s (ca

n, buckets, barr els) of petroleum solvent or petroleum solvent-containing materia l. Equipment containing solvent (wa shers, dry ers, extractors, and filters) should rema in closed at all times other than during maintenanc e or load transfe r. L int filter and button trap

cover s should rema in closed except when petroleum solvent-laden lint and debris are remove d. Gaske ts a nd seals should be inspected and repla ced when found worn or de fec tive. Petroleum solvent-laden c lothes should ne ver be allowed to r emain exposed to the atmosphere f or long er periods than are n ec es s ary for load transfe rs. Finally

, vents on petroleum solvent-containing
waste and new petroleum s o l v en t storag e tanks should be constructe d and maintained in a

manner that limit s petroleum solvent vapor emissions to t he maximum possible ext ent. (3) The owner or operator shal l repa ir all petroleum solvent vapor and liquid leaks within 3 working day s afte r identify ing the source s of the leaks. I f nece ssary repa ir parts are not on hand, the owner or opera tor shall order these parts within 3 working day s, and repa ir the leaks no later than 3 working day s following the arr ival of the ne cessa ry parts. (d) Disposal of

fi lter s. Filters f

rom the petrole um dry

clea ning f acility shall be disposed of by : (1) incinera tion at a fa cility approve d by

the fire marshall' s office for suc h disposal; (2) by rec y cling throug h an appr oved vendor of this service ; or, (3) by any other method a

pproved by

the Division Director

. (e) Com plian ce schedule. Compli ance with 252:100-39-45(c )(1) th rough 252:100-39-45(c )(3)

, shall be ac complished by

aff ecte d fac iliti es on or be fore October l, 1986.

252:100-39- 46. Coating of p arts and produ cts (a) Appli cability. This Secti o n s h al l apply only to industries located in Tulsa County which manufa ctu re and/or coat metal parts and products

, such as larg e far m machiner

y , small far

m machiner y , small appliance s, commerc ial machiner y , i n dustrial machiner

y and fabr icated metal products. Ar chitectur al coa ting, a erospa ce c oating , and automobile re finishing a re not include d. (b) Defini tions. The following words and terms, when used in this Section, shall have the following meaning , unless the context clear ly indicates other

wise. (1) "Air or forced air dry coatings" means c oating s that are dried by the use of air or forc ed

war m air at tempe rature s up to 194 F. o (2) "Architec tural coating" means coating used for residential, commerc ial and/or industrial buildings and the ir appurte nance s. (3) "Clear coat" means a coating that l ac ks color and opacity or is transpar ent and uses the underc oat as a

ref lectant ba se. (4) "Extrem e perform ance coatings" mean coating s desig ned for harsh exposure or extreme environmenta l conditions (e.g

., exposure to the wea ther all of the time, temperature above 200 F, o deter g ents, abra sive and scouring ag ents, solvents, corr osive atmosphere or simil ar conditions).

158(5) "Fac ility" means all emission s o u rce s located on contig uous proper ties under common control which a

re a ffe cted by

the surfa ce c oating 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 become s a continuous, solid film when the metal part or product is moved to an oven for curing

. (7) " Transf

er eff iciency" means the weig ht (or volume) of coating solids adher ing to t h e surfa ce be ing c oated divided by the t otal weig ht (or volume) of coating solids delivere d to the applicator

. (c) Existin g source requirem ent. No owner or operator shall discharg e or cause the discharg e into the atmosphere from an exis ting coating line or individual coating operation any VOC in excess of the amounts listed in 252:100-39-46(d) a s calc ulated by EPA method 24, 40 CFR Part 60. (d) Stand ards. The following table enumer ates the limit ations for surfa ce co at i ng s in pounds of VOC per g allon of coating as applied (wa ter and exempt compounds). I f more than one limit listed in the table is applica

ble to a spec ific coating, then the least string ent limitation s hall be applied.

Coating ty

pe L imitations

lbs/ga l kg /l

Air or F orce d Air Dry 3.5 0.42 Clear Coat 4.3 0.52 Ex treme Per formanc e 3.5 0.42 Powder 0.4 0.05 Other 3.0 0.36

(e) Em ission factor. For the purposes of

calc ulating a

n emission fac tor (EF ) in pounds VOC per
g allon of coating solids for use in the development of a plant-wide emission plan as descri b ed in 252:100-39-46(j)( 1), the following formula will be utilized: EF = VD/l-(V+ W) = VD/S where : (1) V = volume f

rac tion of VOC in coating

. (2) D = de nsity

of VOC in the coating. (3) W = volume frac tion of water in coating

. (4) S = l-(V+ W) = volume fra ction of solids in coating

. (f) Com plian ce. Compli ance with the coating limit s listed in 252:100-39-46(d) is to be calc ulated on a daily weig hted ave rag e basis. (g ) VOC-c ontaini ng m ater ials. VOC-conta ining mate rials used for clea n up shall be considere d in the VOC content limits li sted in 252:100-39-46(d) unless: (1) the VOC conta ining mate rials ar e maintained in a closed c ontainer when not in use; (2) closed container s are used for the disposal of cloth or paper or other materia ls used for surfa ce pr epar ation and cle anup; (3) the s pray equipment i s disassembled and clea ned in a VOC vat and the vat is closed when not in use; or, (4) the VOC containing materia ls used for the clea n up of spray equipment are spray ed direc tly into closed containe rs. (h) Exem ptions. Fa cilities with a potential to emit 10 t o n s / y ea r or less of VOC from coating

o p era tions are exempt from this Section. Once this limit is exceede d, the fac ility will alway s b e subject to this Section. (i) Alter nate standard. Coatings with VOC c ontents in ex cess of those allowed by 252:100-39- 46(d) may

be used if both of

the following conditions are me t. (1) Emissions are reduc ed to levels equivalent to those that would occur if the VOC content of the coating s met the li m i t s co n tained in 252:100-39-46(d) and there is an overa ll control eff iciency of at lea st: (A) 85 perc ent by

incinera tion; (B ) 85 perc ent by

absorption; or, (C) 85 perc ent by

any other e quipment of equivale nt reliability and ef fec tiveness. (2) No air pollution, as def ined by the Clean Air A ct, re sults. (j) Em ission plan

.

159(1) Deve lopme nt of a plan t-wid e emi s s ion plan

. An owner or opera tor may develop a p l an t -wide emission plan consistent with EPA' s Emission Trading Policy as published i n t h e Dec ember 4, 1986 Fe dera l Reg ister i nstead of having eac h coating line comply with the VOC content limitations contained in 252:100-39-46(d) , if the following conditions are me t. (A) The owner or opera tor demonstrates by the methods presc ribed in 252:100-5-2.1(d) that sufficie nt reduc tions in VOC emissions may be o btained by controlling other source s within the plant to the extent nece ssary to compensa te for all excess emissions which result from one or more coating lines not achie ving the presc ribed limit ation. Such demonstration shall be made in writing a nd shall include: (i) a complete descr iption of the coating line or lines that can not comply with the VOC content limitation in 252: 100-39-46( d); (ii) quantifica tion of emissions, in terms of pounds per day of VOCs, which are in excess of the presc ribed VOC content limit ation for eac h coating line descr ibed in 252:100-39- 46(j)(A )(i); (iii) a complete descr iption of how emissions will be decr ease d at specific source s to
compensa te for excess emissions from eac h coating line descr ibed i n 252:100-39- 46(j)(A )(i) a

nd the date on w hich such re duction will be achie ved; (iv) a transfe r eff

iciency based on a 60 perc ent baseline with emissions expressed in pounds of VOC per

g allon of solids when transf er e fficie ncy is use d to c ompensate for excess emissions from spray painting ope rations; (v) a demonstration of cre dits for improvements in transfe r eff iciency with in p l an t testing tha t complies with EPA methods. (vi) quantifica tion of emissions, in terms of pounds per day of VOCs, for eac h source both before and af

ter the improvement or installation of any applicable control sy stem,

or any phy sical or opera tional chang es to such a fac ility or fac iliti es to reduc e emissions and the da te on which suc h reduc tions will be ac hieved; and, (vii) a descr iption of the proce dures and methods used to de termine the emissions of VOCs. (B ) The plant-wide emi s s i on reduc tion plan does not include decr ease s in emissions resulting from require ments of other applicable air pollution rules. The plant-wide emission reduc tion plan as descr ibed in the Emissions Trading Policy may include voluntary decr ease s in emissions acc omplished throug h installation or impr o v em en t o f a control sy stem or throug h phy sical or op er at i onal chang es t o emission units, including permane ntly reduc ed production or c losing a

fac ility , located on the premises of a surfa ce- coating operation. (2) Com plian ce wi th a plan t-wide em ission plan

. The implementation of a plant-wide emission red u ct i o n plan instead of compliance with the VOC content limit ation presc ribed in 252:100-39-46(d) has been expressly approve d b y the Ex ecutive Direc tor and the EPA Administrator. Upon approva l of a plan, any emissions in excess of those established for eac h fac ility under the plan shall be a

violation of these rule s. (k) Com plian ce, t esting, and monitoring requirem ents. (1) The Division Direc tor may require at the expense of the owner or operator a demonstration of compl i an ce with the emis sion limit s using EPA Methods 24, 24A, 1-4, 25, 25A, 25B in 40 C FR 60.444 or EPA Document 450/3-84-019. At a minimum

, such test must show that t h e

overa ll captur e eff

iciency an d d es t ruction eff iciency are equal to 85 perc ent (e.g

., 90 perc ent captur e eff

iciency multipl ied by 95 perc ent destruction eff i ci ency equals 85.5 perc ent sy stem eff iciency ). The one hour bake option in Method 24 is require d when doing compliance testing. (2) Testing for plant-wide emission plans shall be co n d u ct ed at the expense of the owner or opera tor to demonstrate compliance with the VOC content limit s contained in 252:10 0

- 3 9

- 4 6(d). (3) Monitoring shall be require d of any owner or operator subject to this Section who uses addon control equipment for compl iance

. Such monitoring shall include installation and maintenanc e of monitors to acc urate ly measure and rec ord operational para meters of all require d control device s to ensure the proper functioning of those device s i n acc ordanc e with desig n specific ations, including: (A) the exhaust tempera ture of direc t flame incinerator s and/or g as temperature immediately

upstream a

nd downstrea

m of any cata ly st bed;

160(B ) the total amount of VOCs rec overe d by carb o n adsorption or other VOC rec overy

sy stem during a ca lendar

month; and, (C) the dates and rea sons for any maintenanc e and repa ir of the require d control device s and the e stimated quantity and duration of emissions during such a ctivities; (l) Report ing an d recor dkeepin g. (1) The owner or o p er at or of a fac ility subject to this Section shall submit to the Division Direc tor upon written request repor ts detailing specific VOC source s; the quantit y of coatings used for a specific time period, VOC conte nt of ea ch coating ; c apture and control eff iciencie s; and any other information pertinent to the calc ulation of VOC emissions. The data nece ssary to supply the requested information shall be retained by the owner or operator for a mi nimum of two y ear s. (2) The owner or opera

tor of a fac ility subject to this Section s hall maintain rec ords of any testing conducte d at an aff ecte d fac ility in acc ordanc e with the provisions specifie d in 252:100- 39-46(k)

, as well as all other rec ords, for at least two y ear s. These rec ords shall be available to
repr esenta tives of the DEQ upon reque st. (m) Com plian ce date. The d ate of compliance with the require ments of this Section is Dec ember

31, 1990.

252:100-39- 47. Control of VOC em ission s from aerospace ind ustries coat ings op erat ions (a) Appli cability. (1) Ex cept as noted in OAC 252:100-39-47(a )(2) and (3), this Section applies to exis ting or new

aer ospace vehicle and component coating operations at ae rospace manufa cturing

, rew ork, or repa ir fac iliti es located in Tulsa County that have the potential to emit 10 TPY or more of VOC from co ati ng opera tions. For purposes of this Section, coating operations include associate d clea ning ope rations as spec ified in OAC 252:100-39-47( d)(4) and surf ace prepa ration. (2) This Section does not apply to manufa cturing

, rew ork, or repa ir operations involving space vehicles or rew ork or repa ir opera tions perf ormed on antique aer ospace vehicles or components. (3) This Section does not apply to the following activities: rese arc h and deve lopment, quality control, labora tory testing, and elec tronic parts and assemblies (except for clea ning and coating of complete d assemblies). (b) Refere nces to 40 CF R. Refer en ce s to the aerospac e NESHAP 40 CFR 63 subpart GG ref ers to that subpart as it exist ed on Jul y 1, 2001. (c) Defini tions. The following words and terms, when used in this Section, shall have the following meaning

, unless the context clea rly indicates otherwise. Additional definitions for terms used in this Section are found in § 63.742 and Appendix A of the aer ospace NESHAP 40 CFR 63 subpart GG, which is adopted by

ref ere nce in OA C 252:100-41-15(b). (1) "Alternate reasonably availabl e control tec hnol ogy (ARA CT)" means the lowest emission limit that a particula r s o u rce is capa

ble of meeting by the application of control technolog y that is rea sonably available considering technolog ical and economic fea sibili ty as deter mined on a ca se-by -ca se basis. (2) "Chem ical m illin g m askan t" means a coating that is applied direc tl y to aluminum components t o protec t surfa ce are as when chemica l milli ng the component with a Ty pe I or I I etcha nt. Ty pe I chemica l milli ng maskants are used with a Ty pe I etcha nt and Ty pe I I chemica l

m i l l ing maskants are used with a Ty pe I I etcha

nt. This definition does not include bond i n g maskants, critica l use and line seale r maskants, and seal coat maskants. Additionally

, maskants that must be us ed wi t h a combination of Ty pe I or I I etcha

nts and any of the above ty pes of maskants (i.e., bonding, critical use and li ne sealer, and seal coat) ar e not included. Maskants that are define d as spec ialty coating s are not included under this definition. (3) "Op erat ing param ete r value" means a minimum or maxi mum value established for a control equipment or proce ss para meter that, if achie ved by itself or in combination with one or more other opera ting parame ter values, deter mines that an owne r or operator has continued to comply with an applica

ble emission limi tation. (4) "R ea sonab ly availabl e control tec hnol ogy" or "RACT" means control technolog y that is rea sonably available considering technolog ical and economic fea sibili t y and the need to impose such controls to attain and ma intain a National Ambient Air Quality Standard.

161(5) "S pecialty coating" means a coating that, even though it mee ts the definition of a primer,

topcoat, or self-pr i m i n g topcoat, has additional perf ormanc e criter ia bey ond those of primers, topcoats, and self-pr iming t o p co at s for specific applications. These perfor mance criter ia m ay include, but are not limit ed to, t emperature or fire resistanc e, substrate compatibility

, anti reflection, temporar

y protec tion or marking

, sealing

, adhesive ly joining substrates, or enhanc ed cor

rosion protec tion. (d) Stand ards and requirem ents. (1) VOC conte nt of coatings. (A) VOC conte nt limit s for sp ecialty c oatings. (i) No specia lty coating s that contain VOC in excess of the limit s specifie d in Appendix N of th i s C h ap t er s hall be applied to aer ospace vehicles or components. The VOC content of specia lty co at i n gs s hall include any VOC-conta ining materials added to the orig inal coating supplied by the manufa cture r. (ii) The VOC content limit s listed in Appendix N of this Chapter do not apply to touchup, aer osol, and DOD " classified" coating s. (B ) VOC content lim its for prim ers and topcoats. Eac h co ating operation utiliz ing primers and topcoats (including self-pr iming topcoats) that are not specia lty coating s listed in Appendix N of this Chapter, shall comply with the VOC content limit s contained in § 63.745(c) (2) a

nd (c) (4) of

the ae rospac e NESHAP 40 CFR 63, subpar t GG. (C) VOC content lim its for chem ical m illin g m askan ts. Eac h chemica l milli ng maskant opera tion utiliz ing chemica l milli ng maskants (Ty pe I / I I ) t h at are not specia lty coating s listed in Appendi x N o f t h is Chapter, shall comply with the VOC content limit s contained in § 63.747(c) (2) and the exemptions in § 63,747(c) (3) of the aer ospace NESHAP 40 CFR 63 subpart GG. (D) Exem ption of low volume coating usage. The require ments of OAC 252:100-39- 4 7 (d )( 1) do not apply to the use of primers, topcoats, chemica l milli ng maskants, and specia lty coating s for which the annual total of eac h separ ate formulation used at the fac ility does not exceed 50 g al and the combined annual total of all such primers, topcoats, chemica l milli ng maskants, and specia lt y co at i n gs u sed at the fac ility does not exceed 200 g al. Primers, topcoats, and chemica l milli ng maskants exempt under OAC 252:100-39-47(a ) are not included in the 50 and 200 g al limits

. (E) Com plian ce det erm ination

. (i) Coatings u s ed at fac iliti es subject to this Section shall be deeme d in compliance when the VOC conte nt of these coating s comply with the require ments of OAC 252:100-39- 47(d)( 1). (ii) Fo r p u r p o s e s o f d e termining compliance with emission limit s, VOC will be measure d by the approve d test method s

. Where such a method also inadver tently measure s compo u n d s t hat are exempt solvents, an owner or opera tor may exclude these exempt solvents when dete rmining c ompliance with an e mission s tandar d. (2) Appli cation equip m ent. (A) Eac h primer or topcoat application o p e r a ti o n s u b je ct to this Section shall comply with the require ments and exemptions specifie d in § 63.745(f) of the aer ospace NESHAP 40 CFR 63 subpart GG. (B ) Specialty coating s ar e n o t s u b je c t to th e e q

u ip me n t r e q

uirements of OAC 252:100-39- 47(d)( 2)(A)

. (3) Control equipme nt. (A) Control equip m ent eff iciency. Eac h owner or operator may comply with the provisions of OAC 252:100-39-47(d) (1) by using approve d air pollution control equipment

p ro v i d ed t hat the control equipment has a combined VOC emissions captur e and control equipment ef

ficienc y of 81% or

g reater by

weig ht. (B ) Exem ption. Ex cept for specia lty coating s, an y p ri m er or topcoat operation that complies with the control require ments in § 63.745(d) o r any chemica l milli ng maskant

opera tion that complies with the control require ments of § 63.747(d) o f t h e aer ospace NESHAP 40 CFR 63 subpart GG is deeme d to be in compliance with the requirements o f OAC 252:100-39-47(d) (3).

162(C) Com plian ce deter m ination

. When control equipment is used t o co mply with the

coating standard s i n OAC 252:100-39-47(d) (1), compliance shall be deter mined in

acc ordanc e with § 63.749(d) a nd (h) of the ae rospac e NESHAP 40 CFR 63 subpar t GG. (4) Housekeepin g m easures and solvent cleaning op erat ions. (A) Houseke eping measure s and solvent clea ning operations (hand- wipe clea ning, spray g un clea ning, and flush clea

ning) subject to this Section shall comply with the require ments and exemptions contained in § 63.744 of the aer ospace NESHAP 40 CFR 63, subpart GG. (B ) H o u s e k eeping measure s and solvent clea ning operations s u

b je c t to O A C 2 5 2 :1 0 0

- 3 9

- 47(d)( 4)(A) shall be considere d in compliance with subpara g raph (A) when the require ments in § 63.749(c) of

the ae rospac e NESHAP 40 CFR 63 subpar t GG ar e met. (5) Ge neral standards. The ha ndling a nd transfe r of primers, topcoats, and chemica l milling maskants to or from container s, tanks, vats, vessels, and piping sy stems shall be h an dled in a

manner that minimi zes spill s. (e) Monitoring. (1) Eac h owner or operator who chooses to comply with the VOC content limit s of OAC 252:100-39-47(d) (1)( A), (B ), and /or (C) by usin g a p p r o v ed air pollution control equipment shall submit a monitoring plan that specifie s the applicab l e o p erating para meter value, or rang e of values, to ensure ong oing compliance with OAC 252:100-39-47(d) (3) of this Section. The monitoring device shall be installed, calibrated, operated, and maintained in acc ordanc e with the manufa cture r' s specific ations. (2) Eac h owner or opera tor using an enclose d spray g un clea ner shall visually inspect the seals and all other potential source s of leaks at least o n ce p er m o nth. Eac h inspection shall occur while the spra

y g un clea ner is in oper ation. (3) Ex cept for specia lty coating s, any source that complies with the monitoring require ments of § 63.751 of the aer ospace NESHAP 40 CFR 63 subpart GG is deeme d to be in compliance with the re quirements of O AC 252:100-39-47(e ). (f) Rec ordkeeping requirem ents. (1) Coating operations. (A) Eac h owner or opera tor of primer and topcoat appli ca t i o n operations or chemica l milli ng maskant application operations shal l co m p ly with the recordke eping require ments of § 63.752 of the a erospa ce N ESHAP 40 CFR 63 subpart GG a s appropr iate. (B ) Eac h owner or operator of coating o p er at i o n s using specia lty coating s listed in Appendix N of this C hapter shall comply

with the following rec ordkee ping r equire ments. (i) They shall maintain a curr ent list of coating s in use showing cate g ory and as-a pplied VOC content of e ach c oating

. (ii) They shall rec ord coating usag e on an annual basis. Methods used may include, but

are not limi ted to, inventory rec ords. (2) Cleaning operations. Eac h owner or operator subject to the solvent clea ning o p er at i o n require ments in OAC 252:100-39-47(d)( 4) shall: (A) for hand-w ipe clea ning opera

tions keep the rec ords require d by § 63.752(b)( 2), (3), and/or (4) of the a erospa ce N ESHAP 40 CFR 63 subpart GG a s appropr iate; (B ) for enclose d spray g un clea ning opera

tions keep the rec ords require d by § 63.752(b)( 5) of the a erospa ce N ESHAP 40 CFR 63 subpart GG. (3) Control equip m ent. Eac h owner or operator using control equipment under OAC 252:100- 39-47(d) (3 ) s hall rec ord monitoring para meters as specifie d in the monitoring plan require d under O AC 252:100-39-47(e )(1)

. (4) Exem ptions. Ex cept for specia lty coating s listed in Appendix N of this Chapter, any source that complies with the rec ordkee ping r equire ments of § 63.752 of the aerospac e NESHAP, 40 CFR 63 subpart GG is deeme d to be in compliance with the require ments of OAC 252:100-39- 47(f)

. (g ) Test m ethods. (1) Coatings wh ich are not waterborne (water- reducible). For coatings which are not
water b o rne, deter

mine the VOC content of eac h formulation (less water and less exempt solvents) as applied using manufa cture r' s supplied data or Method 24 of 40 CFR 60, Appendix A. I f there is a discrepa

ncy betwee n the manufa cture r' s formulation data a nd the re sults of the

163Method 24 ana ly sis, compliance sha ll be based on the results from the Me thod 24 analy sis.

(2) Water borne (water- reducible) coatings. For water borne c o a ti n g s , ma n u f a c tu r e r ' s s u p p lied data a lone ca

n be used to de termine the V OC content of e ach f ormulation. (3) Cleaning sol vents. Solvent composition and vapor pressure for c leaning solvents used in hand-w ipe clea

ning operations subject to OAC 252:100-39-47(d) (4)( A) shall be deter mined as specifie d in § 63.750(a) a nd (b) of the ae rospac e NESHAP 40 CFR 63 subpar t GG. (4) Control equip m ent. Measur ements of VOC emissions from control equipment as allowed b y OAC 252:100-39-47(d) (3) shall be conducte d in acc ordanc e with EPA Methods 18, 25, and/or 25A of

40 CFR 60, Appendix A. (5) Exem ptions. Ex cept f or spec ialty

coating s, any source that complies with the test method require ments of § 63.750 of the aer ospace NESHAP 40 CFR 63 subpart GG is deeme d to be in compliance with the require ments of this subsection. (h) Com plian ce date

. (1) The re quirements of this S ection shall be c onsidered RACT for control of VO C emissions from vehicle and component coating ope rations at ae rospac e manuf actur ing, r ewor

k, or re pair fac iliti es in Tulsa County upon the eff ective date of this revision. New or modified source s shall be in compliance upon start-up. (2) Ex ce p t fo r specia lty coating s, any source that complies with the compliance dates and deter minations of § 63.749 of the aer ospace NESHAP, 40 CFR 63 subpart GG is deeme d to be in compliance w ith the require ments of OAC 252:100-39-47( h). (3) Owner s or operators of fac iliti es with specia lty coating s th a t a r e compliant under the ARACT plan, but are not compliant with the VOC content limit s contained in Appendix N of this Chapter will have six (6) months from the eff ect i ve date of t his revision t o find an alternate coating or install controls. Owner s or operators of such fac iliti es shall notify the DEQ i n wr i t i n g of any such noncompliant specia lty coating s within 90 day s of the eff ective date of this revision. This notification shall include a list of the noncompliant specia lty coating s, the VOC content of eac h coating , and the qua

ntity of ea ch coating use d per month and pe r y ear

. (i) Revoc ation of ARACT plan s. Ex isting ARACT plans for aer ospace fac iliti es located in Tulsa County shall become null and void upon the eff ective date of this revision.

252:100-39- 48. Vapor re cover y system s [REVOKED]

252:100-39- 49. Manuf acturing of f

iberglass reinforced plastic produ cts (a) Appli cability. (1) This Section applies to any proce ss g as st rea m with actua l VOC emissions that ex cee d six tons per y ear

based on 6,240 hour s of oper ation per y ear

. (2) Once th e li mi t in 2 42:100-39-49(a )(1) is exceede d, the controls require d in 252:100-39-49(b) must be put in place a

nd maintained and use d at any operating leve l. (b) Stand ards. Affe cted fac iliti es shall limit emissions of VOC from fiberg lass manufa cturing by

use of control equipment which can demonstrate an 85 perc ent reduc tion in the VOC rele ased from

eac h proce ss stream (e.g

. 90 perc ent ca p t u re efficiency multipl ied by 95 perc ent destruction eff iciency equals 85.5 pe rce nt sy stem eff iciency ). (c) Com plian ce. All affe cted f acilities must comply

with one of the f

ollowing. (1) Meet the r equire ments of 252:100-39-49( b) by Fe bruar y 13, 1991. (2) Have an approve d plan for the reduc tion of VOC emissions as require d by 252:100-39-49(b) by Fe bruar y 13, 1991. (A) The plan sha ll be submitt ed by Aug ust 13, 1990, and shall: (i) detail those emissions which will be controlled; (ii) detail the mea

ns by which contr ol will be achieve d; and, (iii) demonstrate tha t compliance w ill be achieve d by Fe bruar y 13, 1992. (B ) The Air Q uality

Council shall have appr oval authority for the pla

ns. (C) All approve d plans shall be submitted to the EPA as SI P revisions. (d) Dem onstration of com plian ce. (1) The Division Direc tor may require at the expense of the owner or operator a demonstration of complianc e with the re quirements of 252:100-39- 49(b).

164(2) The testing shall be acc omplished using the appropr iate EPA test method or methods. These

include methods 1-4, 18- 25, 25A, 25B and 40 CFR 60.444. (3) I n i t i al compliance testing shall be acc omplished within 180 day s of the applicab l e compliance date. (4) Testing for the emissions plan descr ibed in 252:100-39-49(c )(2) shall b e co nducted at the

expense of the owner or operator at his expense and sh al l demonstrate compliance with the emission lim its contained in the appr oved plan. (e) Rec ordkeeping. (1) The owner or opera tor of a fac ility subject to thi s S ec tion shall submit to the Division Direc tor upon written re quest, repor ts that include: (A) details of spec ific VOC sourc es; (B ) the quantity

of VOC used dur ing spe cific months; (C) a desc ription of the VOC used; (D) control equipment e fficie ncies; (E) details of maintena nce pe rfor

med on all control e quipment; (F ) equipment downtime; and, (G) any other information pertinent to the calc ulation of VOC emissions from the fac ility

. (2) The re co rd s require d in 252:100-39-49(e )(1) shall be maintained by the s ource for at least two y ear s. [252: 100-390-49, Ef fec tive Fe bruar

y 12, 1990]

SUBCHAPTER 40. CONTROL OF EMISSI ON OF F RIABLE ASB EST OS DURING

DEMOLITIO N AND RENOVATION OPERATIONS

Section 252:100-40-1. Purpose 252:100-40-2. [R ESERVED] 252:100-40-3. Def

initions 252:100-40-4. [R ESERVED] 252:100-40-5. Additional provisions for handling

, storing, and transporting of friable asbestos

during demolition or renovation oper ations

252:100-40- 1. P urpose The purpos e o f t h is Subchapter is to control the rele ase of friable asbestos to the ambient air during demolition and renova tion operations.

252:100-40- 2. [RESERVED]

252:100-40- 3. Defini tions See 40 CFR 61.141.

252:100-40- 4. [RESERVED]

252:100-40- 5. Addition al provision s for hand ling, storing, and t r a ns po r ting of friab le asbestos

durin g dem olition or renovation operations I n addition to the require ments set forth for the handling of asbe stos found in 40 CFR Part 61, Subpart M, the following provisions shall also apply to owners, ope rators a

nd other pe rsons. (1) Be fore being handled, stored or transporte d in or t o t he outside air, friable asbestos from demolition/renovation opera tions shall be: (A) wetted, (B ) double bag g ed in six -mil plastic bag s, or, (C) single bag g ed in one six-mil plastic bag and plac ed in a disposable dr um, or, (D) contained in a

ny other manne r appr oved in adva nce, by the Division Director

. (2) When demolition/renovation operation s m u s t

, o f nece ssity take place in the outdoor air, friable asbestos remove d in such opera tions shall be immediately bag g ed or contained in

acc ordanc e with par ag raph ( 1) of this Section.

165(3) Fr iable asbestos materia ls use d on pipes or other outdoor structure s shall not be allowed to

wea ther or de teriora te and be come e x posed to, or disperse d in the outside air. (4) Fr iable asbestos materia ls shall, in addition to o t her provisions conce rning disposal, be disposed of in a fac ility approve d for asbestos by the Oklahoma Depa rtment of Environmental Quality , L and Protec tion Divisi on.

SUBCHAPTER 41. CONTROL OF EMISSI ON OF HAZA RDOUS AIR P OLLUT ANTS

AND TOXIC AIR C ONTAMINANTS [REVOK ED]

P ART 1. G ENERAL PR OVISIONS [REVOK ED]

Section 252:100-41-1. Purpose [REVOKED] 252:100-41-1.1. Supersession by Subchapter

42 [R EVOKED ] 252:100-41-2. Def

initions [R EVOKED ]

P ART 3. HAZA RDOUS AIR P OLLUT ANTS [REVOKED]

252:100-41-13. Purpose [REVOKED] 252:100-41-14. Refer ence to 40 CFR [ REVOKED] 252:100-41-15. N a

tiona l emission s ta

n d a r d s f o r h a za r d o u s a ir p o ll u

ta n ts ( N E SH A P) [R

E V O KE D ] 252:100-41-16. Asbestos [R EVOKED ]

P ART 5. TOXIC AIR CONTAMINA NTS [REVOK ED]

252:100-41-35. Applicability [R EVOKED ] 252:100-41-36. Gene ral prohibitions; scope [REVOKED] 252:100-41-37. New sour ces [REVOKED] 252:100-41-38. Ex isting sourc es [REVOKED] 252:100-41-39. Are a sourc es [REVOKED] 252:100-41-40. Maxi mum acce ptable ambient c oncentr ations (MAAC) [REVOKED] 252:100-41-41. Emissions i nventories[REVOKED] 252:100-41-42. Compli ance require ments [R EVOKED ] 252:100-41-43. Ex emptions [ REVOKED] 252:100-41-44. Compli ance date [REVOKED]

P ART 1. G ENERAL PR OVISIONS [REVOK ED]

252:100-41- 1. P urpose [REVOKED]

252:100-41- 1.1. Sup erse ssion b y Sub chapter 42 [ REVOKED]

252:100-41- 2. Defini tions [REVOKED]

P ART 3. HAZA RDOUS AIR P OLLUT ANTS [REVOKED]

252:100-41- 13. P urpose [REVOKED]

252:100-41- 14. Refere nce to 40 C F R [REVOK ED]

252:100-41- 15. National em ission standards for hazardous air pollu tants (NESHAP )

[REVOK ED]

252:100-41- 16. Asbestos [REVOK ED]

166P ART 5. TOXIC AIR CONTAMINA NTS [REVOKED]

252:100-41- 35. Appli cability [REVOKED]

252:100-41- 36. Ge neral prohibi tion; scope [REVOK ED]

252:100-41- 37. New sources [R EVOKED]

252:100-41- 38. Existin g sources [ REVOKED]

252:100-41- 39. Are a sources [ REVOKED]

252:100-41- 40. Maxim um acce ptable am bient concentrat ions (MAAC) [REVOK ED]

252:100-41- 41. Em ission s inventories [REVOK ED]

252:100-41- 42. Com plian ce r equirem ents [REVOK ED]

252:100-41- 43. Exem ptions [REVOKED]

252:100-41- 44. Com plian ce date [REVOK ED]

SUBCHAPTER 42. CONTROL OF TOXIC AIR CONTAMINA NTS

P ART 1. G ENERAL PR OVISIONS

Section 252:100-42-1. Purpose 252:100-42-1.1 Supersession of Subcha pter 41 252:100-42-2. Def

initions 252:100-42-3. Applicability 252:100-42-4. Ex isting air pollution control re quirements

P ART 3. STANDARDS

Section 252:100-42-20. TAC MAAC

P ART 5. TAC MAA C EXCEEDANCE

Section 252:100-42-30. Are as of c oncer n 252:100-42-31. AOC Compliance strate g ies 252:100-42-32. Redesig nation

P ART 1. G ENERAL PR OVISIONS

252:100-42- 1. P urpose The purpose of this Subchapter is to protec t the public and the environment from the potentially harmful e ffe cts of toxi c air contaminants (TA C) that are emitted into the ambient air.

252:100-42- 1.1. Sup erse ssion of Sub chapter 41 All parts of OAC 252:10 0 -4 1

, wi t h the exception of Part 3, shall be superse ded by this Subchapter

.

252:100-42- 2. Defini tions 167The following words and terms when used in this Subchapter shall have the following meaning s

unless the context clear ly indicates other

wise. "Area of concer n" or "AOC" means a g eog raphic are a in Oklahoma d es i gn ated as having exceede d a TAC maximum acc eptable a mbient conce ntration (MAAC). "Emissions uni t" mea n s , fo r the purposes of this Subchapter

, any part of a stationary source which emits a TAC. "Malf un ct i on" means any sudden, infreque nt, and not rea sonably preve ntable failure of air pollution control equipment, proce ss equipment, or a proce ss to operate in a normal or usual manner

. Fa ilures that ar e ca

used in part by

poor maintena

nce or car eless oper ation are not malfunctions. "Maxim um acce ptab l e a mb ient concentr ation" or "MAAC" means the action levels and

aver ag ing times c ontained in Appendix O of this Chapter for T AC. "Toxi c air contam inan t" or "TAC" means any substance listed in Appendix O of this Chapter.

252:100-42- 3. Appli cability This Subchapter a

pplies to stationary

source s that emit any

TAC.

252:100-42- 4. Existin g air pollu tion control re qui rem ents Any work prac tice, materia l substitut ion, or control equipment require d by the Depa rtment prior
to J une 11, 2004, to control a TAC, sh al l b e reta ined, unless a modification is approve d by the Direc tor.

P ART 3. STANDARDS

252:100-42- 20. TAC MAA C (a) TAC MAA C. The TAC MAAC list is located in Appendix O of this Chapter. (b) P rotoc ol f

or cr eating and modifyi ng the TAC MAAC list. (1) The Direc tor may rec ommend substances to be added to the TAC MAAC list subject to the applicability

of all of the f

ollowing: (A) tox icity

of the substanc e; (B ) availability of methods for monitoring the ambient air conce ntration of the substance at the leve ls deemed to be acc eptable f or human he alth; (C) quantity

of the substanc e emitted in Oklahoma; a nd (D) information indicating that anthropog enic emissions of the substance cause ambient air conce ntration levels to exceed those that have been deter mined to be acc eptable based on health risks. (2) The Direc tor may rec ommend a substance be remove d from the TAC MAAC list if the substance does not meet one of the criter ia listed in subpara g raphs 42-20(b) (1)( A) throug h (D). (c) Rulem akin g requirem ents for TAC MAAC

. Adoption and modification of the TAC MAAC list wil l be in acc ordanc e with the rule making proce dures of the Depa rtment.

P ART 5. TAC MAA C EXCEEDANCE

252:100-42- 30. Are as of concern (a) Designation. (1) P roposed AOC. (A) The Direc tor may propose desig nation of an Are a of Concern (AOC) for a TAC when it is demonstrated by monitoring that the MAAC for that TAC is exceede d in such a way as to endang er the public health. (B ) Ex cess emission s ca u sed by malfunction shall not form the basis for an AOC desig nation. (2) AOC boun daries. (A) The boundarie s of the AOC will be deter mined by monitoring, modeling, or other

means a pproved by

the Dire ctor. (B ) The impact of TAC emissions from stationary

, mobile, and bioge nic source s shall be considere d in determining the boundar ies for a n AOC.

168(3) Monitoring and m odeling.

(A) AOC and boun daries. Monitoring and modeling for the proposed AO C an d its boundarie s will be perf

ormed by the Depa

rtment in acc ordanc e with the require ments of 42- 30(a) (3)( D)(i) and (ii); howeve r, the Depa rtment will acc ept monitoring and modeling from other sourc es if such monitoringand modeling meet the r equire ments of 42-30(a )(3) (D)( i) and (ii), r espec tively

. (B ) De ci s i o n to m onitor. The decision to monitor for TAC MAAC exceeda nce in an

are a will be base d on but not lim ited to: (i) complaints rec eived f rom the public; (ii) information collec ted during compliance evalua tions; (iii) emission inventory data; or (iv) EPA repor

ts. (C) Monitoring si tes. Monitors for TAC shall only be place d in are as wher e human health may

be enda ng ere d by emissions of TAC. (D) Acc eptable m onitoring an d m odeling me thods. (i) Risk assessme nt and m onitoring. (I ) A ll risk assessment and monitoring methods used by the Depa rtment for p u

r p o s e s of t his Subchapter shall be consistent with those in Volumes 1 and 2 of t he United States E n v i ronm ental Protection Ag ency Air Tox ics Risk Assessment (ATRA) R ef er ence L ibrary

, April 2004; documents ref ere nced in ATRA; and Stat e require ments in OAC 252:100-43. (I I ) The Depa

rtment will analy

ze t he data collecte d from eac h monitoring location to deter

mine the 95% u p p er confidence limit (95% UCL ) for the mean ambient concentra tion for each TAC/monit or combination. The 95% UCL will be deter mined using at least 10 samples taken over a period of at least 30 day s and will be the conce ntration used for compar ison with the TAC MAAC action level for eac h monitoring location. (ii) Modeling. (I ) All applications of air quality modeling shall be based on the applicable models, databa ses, and other require ments specifie d in appendix W o f 4 0 CFR Part 51 Guideline on Air Q uality

Models and in OAC 252:100-8-35( e). (I I ) Where a

n air qua lity

model specifie d in appendix W of 40 CFR P art 51 Guideline on Air Quality Models is inappropria te, the model may be modified or another substitut ed. Such modification or substitut ion will be considere d on a case

by -ca se basis. When modeling is perf ormed by owner s or opera tors o f stationary

source s, written approval of the Director mus t be o b t ai n ed for any modification or substitut ion. (4) F inal designation

. The Direc tor shall not make a final desig nation of an AOC until at least 30 day s following the public meeting held pursuant to subsec tion 42-30(c) below. (b) P ubl ic notif

ication. At least 30 day s prior to the public meeting set forth in subsection 42-30(c ) bel o w, t h e Depa

rtment shall publish notice of the boundarie s and the availability of information associate d with the proposed AO C. (1) The notice shall be published on the Depa rtment website, in two newspa pers circ ulated statewide, a

nd in one newspa

per loc al to the AOC. (2) The notice shall identify locations wher e informa

tion may be re viewed. (3) The notice shall include the date, time, and place for the public meeting on the proposed desig nation. (4) The notice shall identify the proce ss by which wr i t t en comments reg arding the proposed desig nation may

be submitted to the Depa rtment. (c) P ubl ic m eet ing. The Depa rtment shall schedule and h o l d a p u b lic meeting

. Any local community meeting to be held on the p ro p o s ed desig nation may be combined with the public meeting authorized by

this S ection.

252:100-42- 31. AOC Com plian ce st rate gies (a) Appli cability. Following final desig nati o n o f an AOC by the Direc tor, the Depa rtment shall

169deter

mine AOC Compliance Strateg ies to bring the AOC into compliance with the TAC MAAC. AOC Compli ance Strateg ies develope d by the Depa rtment shall apply to any stationary source or emissions unit that: (1) impacts an AO C; (2) emits the TAC for whic h the AOC wa s desig nated; and (3) is not subject to a final emission standard, work prac tice, or other require ment to control emissions of a TAC promulg ated under Sections 112(d) or 129 of th e Fe dera l Clean Air Act, OAC 252:100-17, Parts 5, 7, and 9, or require d by a Consent Orde r or Dec ree i s s u ed by the Depa rtment or anothe r re g ulatory ag ency

. (b) AOC Com plian ce Str ategy deve lopme nt. (1) Ge neral requirem ents. After making a final desig nation of an AOC, the Depa rtment shall

prepa re a compliance strateg y for the AOC. I n developing an AO C C o mpliance Strateg y the Depa rtment shall: (A) take into considera tion what portion of the pollutant load is attributable to stationary

source s versus that attributable to mobile sour ces, non-roa d source s, and bioge nic source s; (B ) deter

mine de minimi s emission levels if appropr iate for a particula r TAC and a particula r AOC; and (C) advise, consult and coop er ate with other ag encie s of the State, towns, cities, and counties, industries, other states and the fed er al g overnme nt, and with aff ecte d g roups in bring ing the AOC into compliance. (2) Ad d itional rulem akin g. Any new require ments or standards develope d for an AOC Compli ance Strateg y shall be develope d in acc ordanc e with the rulemaking proce dures of the Depa rtment. (3) P erm it requirem ents. I n acc ordanc e with 27A O.S., Section 2-5-112, the Depa rtment may as par t of an AO C Compl iance Strateg y : (A) require owner s or operators to obtain permi t s fo r fac iliti es that emit the TAC, for which the AO C was desig nated, in a concentration that cause s or contributes to an of f-site violation of the TAC MAAC in an AOC desig nated f or that TAC; or (B ) require owner s or operators of such fac iliti es to modify any exis ting permit to include the TAC MAAC and a

ny control mea sures re quired by para g raph 42- 31(b)( 4). (4) Control m easures. The availability

, fea sibili ty

, and co s t o f any control measure s, work

prac tice standards, control equipment require ments, materia l substitut ion require ments, or stack emissions standards shall be c onsidered in de veloping the AOC Compliance Strate g y

. (5) On-site em ission s. Owner s or operators of fac iliti es located in an AOC shall not be require d to demonstrate c ompliance with the TA C MAAC within t he boundar ies of their f acilities. (6) Monitoring and m odeling requirem ents

. As an AOC Compli ance Strateg y , the Depa rtment may require owner s or operators of applicable stationary source s to perf orm ambient air monitoring and/or modeling for the TAC of conce rn. Such ambient air monitoring an d modeling shall be perf

ormed using the ref

ere nces and require ments in 42-30(a )(3) (D)( i) and (ii). (c) Pu b l i c notif

ication. Following final desig nation of an AOC, the Depa rtment shall pub l i s h a repor t outlining the compliance strateg y develope d to bring the AOC into compliance with the TAC MAAC.

252:100-42- 32. Re- designation (a) Re- designatio n. T h e D ir e c tor shall re- desig nate an AOC as in compliance with the TAC MAAC when c ompliance is demonstra ted throug h monitoring a nd/or modeling

. (b) P ubl ic notice. Following the re- desig nation of an AOC, the Depa rtment shall notify the public pursuant to par ag raph 42- 30(b)( 1).

SUBCHAPTER 43. TEST ING , MONITORINGAND RECORD KEEP ING

P ART 1. G ENERAL PR OVISIONS

Section 252:100-43-1. Purpose

170252:100-43-1.1. Def initions 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 r equire d 252:100-43-5. Acc eptable me thods 252:100-43-6. Credible evide nce 252:100-43-7. Records a

nd repor ts require d

P ART 3. SPECIF IC METHODS [REVOK ED]

252:100-43-15. Gasoline vapor leak detec tion p ro ce dure by combustible g as detec tor

[AMENDED AND RENU MBERED TO 252:100-39-41.1]

P ART 1. G ENERAL PR OVISIONS

252:100-43- 1. P urpose T h e purpose of this Subchapter is to provide ge nera l require ments for testing, m onitoring a n d

rec ordkee ping.

252:100-43- 1.1. Defini tions The following words and terms, when used in this Subchapter shall have the following meaning :

" Me th o d" means a formalized prog ram for the measure ment, analy sis, and repor ting o f t h e phy sical and c hemical pr operties of a proc ess. "Monitoring" means a

ny form of c ollecting data on a routine basis to de termine or otherwise

as s es s compliance with emission limit ations or standards. Recordke eping may be consid er ed monitoring wher e such rec ords are used to deter mi n e o r assess compliance with an emission limit ation or standar d (such a s rec ords of ra w mater ial content and usa g e, or r ecor ds documenting compliance with work prac tice require ments). Monitoring may include one or more than one of the following data c ollection techniques, w here appropr iate for a par ticular c ircumstance : (A) Continuous emis sion or opacity monitoring sy stems. (B ) Continuo u s proce ss, captur e sy stem, control device or other rele vant para meter monitoring sy stems or proce dures, including a pre dictive emission monitoring sy stem. (C) Emission estimation and calc ulation proc e d u res (e.g

., mass balanc e or stoichiometric calc ulations). (D) Maintenanc e and a naly sis of rec ords of fue l or raw materia ls usag e (E) Recording results of a prog ram to conduct specific operation and maintenanc e proce dures. (F ) Ver ification of emissions, proce ss p arameters, captur e sy stem para meters, or control device para

meters using portable or

in situ m easur ement devic es. (G) Visible emission observations. (H) Any other form of m easur ing, rec ording

, or verify ing on a routine basis emissions,

proce ss para

meters, captur e sy stem para meters, control device para meters or other fac tors rele vant to assessing compliance with emission li mitations or standards. "Test" means the c ollection of data resulting from the e x ecution of a method.

252:100-43- 1.2. Appli cability Requirements of this Subchapter apply to any testing, monitori n g o r recordkee ping activity

, including permits, compliance

, p erf ormanc e tests and enfor ceme nt, conducte d at any stationary

source

. When other applicable fede ral and state require ments are more stringe nt than those of this Subchapter

, then the more stringe nt require ments shall apply

. Upon writ ten reque st, the Direc tor will make a deter

mination whether any other applicable fede ral or state reg ulation is more stringe nt than those of this Subchapter

.

252:100-43- 2. Testing and m onitoring

171All testing and monitoring shall be conducte d in acc ordanc e with the methods descr ibed in this

Subchapter

. Al l t es t s s h all be made under the direc tion of a person qualified by training and/or experience in the appropr iate field of air pollution control. The data fr o m any require d testing or monitoring not conducte d in acc ordanc e with t he provisions of this Subchapter shall not be considere d valid by

the Dire ctor.

252:100-43- 3. Requirem ent to t est (a) The Direc tor may , at his or her discretion, conduct tests, including stack test, of any air contaminant source within the state of Oklahoma. Upon the written reque st of t h e Di re ct o r, the

owner or opera tor of the source to b e t es t ed shall provide all nece ssary sampling and testing fac iliti es, exclusive of instruments and sensing device s, as may be deeme d nece ssary by the Direc tor for the c ompletion of the test and the sa fety of the testing personne l. (b) The Direc tor may require the owner or operator of a sou rc e t o co n d u ct test(s) at the owner or opera tor' s expense: (1) when r equire d by

a fe dera l reg ulation, (2) as par t of an a dminist rative or der, (3) as par t of a c ompliance plan, (4) befor e the issuanc e of a n operating pe rmit, (5) as par t of an ope ratingpermit, (6) to verify

compliance with any

emission standard or pe rmitted emission li mit, or (7) to prepa

re or verify an emission inventory

. (c) The operator of a source require d to conduct an EPA Refer ence Method stack test by the Direc tor shall submit a written pre- test plan for the Direc tor' s approva l thirty (30) cale ndar day s prior to the test or provide infor

mation for a pr e-te st plan in the event the D irec tor elec ts to perform the te st. (d) The owner or operator of a source require d to perf orm an EPA Refer ence Method stack test shall notify the Direc tor in writing thirty (30) cale ndar day s prior to the planned date of the test to provide an opportunity

for DE Q per sonnel to observe the test.

252:100-43- 4. Monitoring required To deter mine compliance with e missions limit ations or standar ds the Direc tor 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 Direc tor shall specify

.

252:100-43- 5. Acc eptable m ethods Acc eptable methods include, as applicable

, methods require d by rule or permit, ASTM methods, and methods conta ined in 40 CFR parts 51, 60, 61 and 75. The owner or oper ator may

modify an

acc eptable method or use an alterna te m ethod, if the owner or operator can demonstrate to the satisfac tion of the Direc tor that: (1) the proposed modific ation or alter native method is nec essar y ; (2) the results of the proposed modification or alternative method will be at least as acc urate as the unmodified method for the purpose intende d; and (3) such modification or a lternative me thod is allowed by any applicable fede ral rule

.

252:100-43- 6. Cre dib le evidence For the purpose of submitt ing compliance cer tifications or establishing whether or not a person has violated or is in violation of any provision of the Oklahoma implementation plan, nothing shall

prec lude t he use, including the exclusive use, of any cre dible evidenc e or information, relevant t o whether a source would have been in compliance with applicable require ments if the appropr iate perf ormanc e or c ompliance test or pr ocedur e had be en per formed.

252:100-43- 7. Rec ords and report s required (a) The Director may require t h e owner or operator of a source to rec ord and maintain rec ords on emissions and other data to demonstrate compliance with any fede ral or state emis s i o n l i m i t or standard, or any require ment set forth in a valid permit. Required rec ords shall be maintained in a

rea dily viewable format or medium, and kept on-site or at a location approved by the Director for

a period of not less than two y ear s from the day of rec ording

. Said rec ords shall be made available 172for inspec tion upon the reque st of DEQ pe rsonnel.

(b) Reports require d by the Direc tor shall b e rec orded and submitt ed on forms provided by

, or descr ibed by

, the Direc tor. Unless d i ff erent units of measure or proce dure are presc ribed by the Direc tor, or by an applicable rule or permit require ment, the units of measure and proce dures descr ibed i n para g raphs (1) t hroug h (5) of this subsection s hall be used for any repor t re q u i red by the Dire ctor. (1) Emissions of particulate matter shall be re corde d and re ported in: (A) pounds per hour

, (B ) pounds per hour

as re lated to the proc ess weig ht rate, (C) pounds per 100 pounds of r efuse char g ed in inciner ators, and (D) tons pe r y ear

. (2) Emissions of sulfur diox ide shall be re corde d and re ported in: (A) pounds per hour

, (B ) pounds per million BTU he at input for fue l-burning equipment, and (C) tons per y ear

. (3) Emissions of ox ides of nitrog en shall be r ecor ded and r eporte d in: (A) pounds per hour

, (B ) pounds per million BTU he at input for fue l burning equipment, (C) pounds per milli on dry standard cubic foot for fuel-bur ning equipment using g as fuel, and (D) tons per y ear

. (4) Visible emissions monitored by instrumentation shall be measure d continuously and rec ords kept indicating total m i n u t es per day in which stack discharg e eff luent exceeds 20 perc ent opacity and a r olling six (6) minute ave rag e opac ity

. (5) The sulfur c ontent of fue ls, as burned, sha ll be rec orded a nd repor ted in: (A) g rains per

dry standard c ubic foot for

g as fue l, (B ) g rains per

g allon for liquid fuel, a

nd (C) perc ent by

weig ht for solid fuel.

P ART 3. SPECIF IC METHODS [REVOKED]

252:100-43- 15. Gasoline vapor leak d et ec tion procedure by com bus tible gas detec tor

[AM ENDED AND RENU MBERED TO 252:100-39-41.1]

SUBCHAPTER 45. MONITORING OF EMISSI ONS [REVOKED]

Section 252:100-45- 1. P urpose [REVOKED] 252:100-45- 2. Monitoring equip m ent required [AM E ND E D AND RENUMBERED TO

252:100-43- 4] 252:100-45- 3. Rec ords required [AM ENDED AND RENU MBERED TO 252:100-43-7] 252:100-45- 4. Com plian ce c ert if ications [REVOKED] 252:100-45- 5. Enf

orce abiil ty [REVOK

ED]

252:100-45- 1. P urpose [REVOKED]

252:100-45- 2. Monitoring equip m ent required [AM ENDED AND RENUMBE RE D TO

252:100-43- 4]

252:100-45- 3. Rec ords required [AM ENDED AND RENU MBERED TO 252:100-43-7]

252:100-45- 4. Com plian ce c ert if ications [REVOKED]

Agency note : Amended a nd renumbe red to OA C 252:100-43-6.

173252:100-45- 5. Enf orce abili ty [REVOK

ED]

Agency note : Amended a nd renumbe red to OA C 252:100-43-6.

SUBCHAPTER 47. CONTROL OF EMISSI ONS FR OM EXISTING MUN ICIP AL SOL ID WASTE L ANDF ILLS

Section 252:100-47-1. Purpose 252:100-47-2. Refer ence to 40 CFR 252:100-47-3. Def

initions 252:100-47-4. Terminolog y rela ted to 40 CFR 252:100-47-5. Gene ral provisions 252:100-47-6. Permits required 252:100-47-7. Emission st andar ds 252:100-47-8. Oper ational standar ds for c ollection and contr ol sy stems 252:100-47-9. Test methods and proc edure s 252:100-47-10. Compli ance provisions 252:100-47-11. Monitoring of operations 252:100-47-12. Reporting require ments 252:100-47-13. Recordke eping require ments 252:100-47-14. Specifica tions for ac tive collection sy stems

252:100-47- 1. P urpose The purpose of this subchapte r is to control emissions from exis ting munic i p al s o lid waste landfills.

252:100-47- 2. Refere nce to 40 C F R When a provision of Tit le 40 of t he C ode of Fe dera l Reg ulations (40 C FR ) is incorporated by ref ere nce, a ll citations contained there in are also incorpor ated by ref ere nce.

252:100-47- 3. Defini tions (a) The definitions in 40 CFR 60.751 are here by incorpora ted by ref ere nce as they exis t on J uly 1, 2002. (b) The following words and terms when used in this Subchapter

, shall have the following meaning

, unless the context clear ly indicates other

wise: (1) "Exi sting m uni cipal solid was te land fi ll" or "existing MSW land fi ll" means a municipal solid waste landfill that commence d construction, modi fica tion, o r reconstruction befor e May 30, 1991 and ac cepte d waste a fter N ovember 8, 1987. (2) "S tate P lan" means a prog ram that the State is r e s p onsible for developing and implementing to achieve compliance with the emission guidelines in Subpart Cc of 40 CFR Part 60.

252:100-47- 4. Term inology related to 40 CF R For purposes of inter fac ing w ith 40 CFR, the following te rms apply : (1) "Administrator " is sy nony mous with Ex ecutive D irec tor. (2) "EPA" is sy

nony mous with the Depar

tment of Environmental Qua lity or DEQ. (3) "S tate , local, or tr ibal agency" is sy nony mous with the DEQ.

252:100-47- 5. Ge neral provisions (a) Appli cability. Ex cept as provided in subpara g raphs (1) and (2) of this para g raph, the provisions of this Subchapter are applicable to all exis ting MSW landfills in the State of Oklahoma. This Subchapter is also an applicable re q u i re m ent for exis ting MSW landfill sites on the National Priorities L ist in Appendix B of 40 CFR Part 300. (1) Phy sical or opera

tional chang es made to an exis ting MSW landfill solely to comply with this Subchapter are not considere d a modification or rec onstruction and would not subject an exis ting

174MSW landfill to the require ments of 40 CFR Part 60, Subpart WW W (Standards of Perfor mance for Municipa l Soli d Waste L andfills). (2) Remedial activities require d b y or conducte d pursuant to state or fede ral law are not considere d construction, re construction, or modification for the purpose s of this Subchapter. (b) Exem ptions. The DEQ , with EPA approval, may provide for the application of l ess string ent emissions stan d ar ds or longe r compliance schedule s than those otherwise require d by this Subchapter

, provided that at least one of the circ umstances listed below are applicable to the MSW landfill: (1) Unre asonable cost of contr ol resulting f rom fac ility

ag e, loca tion, or basic desig n; or (2) Phy sical impossibil ity of installing ne cessa

ry control equipment; or (3) Other fac tors specific to the fac ility that make pplication of a less stringe nt standard or final compliance time significa ntly more re asonable

.

252:100-47- 6. P erm its required (a) P art 70 oper ating perm its. (1) The owner or opera tor o f an exis ting MSW landfill with a desig n capa city less than 2.5 milli on meg ag rams or 2.5 milli on cubic meters is not require d to obtain a Part 70 permit for the landfill, unless the landfill is otherwise a Part 70 source

. (2) T h e o wn er or opera tor of an exis ting MSW landfill with a desig n capa city g reater th an o r equal to 2.5 m i l l i o n m ega grams and 2.5 milli on cubic meters, that is not otherwise a Part 70

source , is subject to OAC 252:100-8 as a Part 70 source ninety (90) day s afte r the eff ective date of the state pla

n, even if the initial design c apac ity repor t was submitted ear lier. (3) When a

n exis ting MSW landfill is c losed, the owner or operator is no longe r subject to the require ment to maintain a P art 70 permit for the landf ill if the landfill is not otherwise subject to the require ments of OAC 252:100-8 and if either of the following conditions is met: (A) The landfill was n ev er subject to the require ment for a control sy stem under OAC 252:100-47-7. (B ) The owner or opera tor meets the conditions for control sy stem remova l specifie d in OAC 252:100-47-7. (b) Construction perm its. The owner or operator of any exis ting MSW landfill that installs a MSW landfill g as collection and control sy stem is require d to obtain a construction permit as provided by OAC 252:100-7-15 or OAC 252:100-8-4. I f the landfill has a desig n capa city of at least 2.5 milli on cubic meters and 2

. 5 mi ll io n me g ag rams and an estimated nonmethane org anic compounds (NMOC) emission rate of at least 50 meg ag rams per y ear , calc ulated in ac co rd an ce wi t h Section 9 of this S u b ch ap ter, the owner or opera tor of the MSW landfill shall also comply with the follo wi n g require ments: (1) The application for a construction permit and the collection and control sy stem desig n plan shall be submitt ed to the DEQ within 12 months afte r the initial or any annual NMOC emissions
rate repor t indicates that the emission rate equals or exceeds 50 meg ag rams per y ear , unless site specific sampling de monstrates that the e mission rate is less than 50 meg ag rams per y ear

. (2) Al l co n trac ts for installation of the emission control sy stems or for proce ss modificatio n s shall be awa

rded and all order s for the purcha se of component parts to acc omplish emission control or proce ss modification shall be completed within 3 months of the submitt al of the desig n plan under

para g raph ( b)(1) of this section. (3) The installation of the collection and control sy stem shall commence within 3 months of the

awa rding of contra cts under pa rag raph ( b)(2) of this section. (4) Th e i n s t al l ati on of t he collection and control sy stem shall be completed within 18 months of the submittal of the desig n plan under para g raph ( b)(1) of this section. (5) Wit hin 30 months of the first annual repor t in which the NMOC emission rate equals or exceeds 50 meg ag rams per y ear , the MSW landfill shall be in compliance with para g raphs (b)( 1) throug h (b)( 4) of this section.

252:100-47- 7. Em ission standards An owner or opera tor of an exis ting MSW landfill shall comply with all provisions specifie d in 40 CFR 60.752, which is here by incorporated by

ref ere nce a s it ex ists on J uly 1, 2002.

175252:100-47- 8. Operational stand ards for collection and control system s

An owner or opera tor of an exis ting MSW landfill shall comply with all provisions specifie d in 40 CFR 60.753, which is here by incorporated by

ref ere nce a s it ex ists on J uly 1, 2002.

252:100-47- 9. Test m ethods and procedures An owner or opera

tor of an exis ting MSW landfill shall comply with all provisions specifie d in 40 CFR 60.754, which is here by incorporated by

ref ere nce a s it ex ists on J uly 1, 2002.

252:100-47- 10. Com plian ce provisions An owner or opera tor of an exis ting MSW landfill shall comply with all provisions specifie d in 40 CFR 60.755, which is here by incorporated by

ref ere nce a s it ex ists on J uly 1, 2002.

252:100-47- 11. Monitoring of op erat ions An owner or opera tor of an exis ting MSW landfill shall comply with all provisions specifie d in 40 CFR 60.756, which is here by incorporated by

ref ere nce a s it ex ists on J uly 1, 2002.

252:100-47- 12. Report ing requirem ents (a) The owner or operator of an exis ting MSW landfill shall submit an initial desig n capa city repor t to the DEQ within 90 day s of the ef fec tive date of

the State Plan. (b) The owner or opera tor of an exis ting MSW landfill having a desig n capa city equal to or g rea ter than 2.5 milli on cubic mete rs and 2.5 million mega g rams, shall submit a n initial NMOC emission
rate repor t to the DEQ within 90 day s of t he effe ct i v e d at e o f the S tate P lan. Subsequent NMOC

em ission rate repor

ts shall be submitt ed annually there afte r, except as provided for in 4 0 C FR 60.757(b)( 1)(ii) a

nd (b)( 3). (c) The owner or opera tor of an exis ting MSW shall comply with the provisions specifie d in 40 CFR 60.757, except 60.757(a) (1) and (b)( 1)(i), which is here by incorporated by ref ere nced as it appea

rs on J uly 1, 2002.

252:100-47- 13. Rec ordkeeping requirem ents An owner or opera

tor of an exis ting MSW landfill shall comply with all provisions specifie d in 40 CFR 60.758, which is here by incorporated by

ref ere nce a s it ex ists on J uly 1, 2002.

252:100-47- 14. Specif ications f or act ive collec tion system s An owner or opera tor of an exis ting MSW landfill shall comply with all provisions specifie d in 40 CFR 60.759, which is here by incorporated by

ref ere nce a s it ex ists on J uly 1, 2002.

176APPENDIX 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 in cinerators 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 in cinerators with a capacity greater than 75 lb/hr may be calculated using one of the following formulas, where Y equals the allo wable 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 .............................................................................. 0.15APPENDIX 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/m 3

(2) 35 ppm (9) 100 ppb

8-hr. max 10 mg/m 3

(2) 9 ppm (4) 0.075 ppm

24-hr. max (7) 150 ug/m 3 (5) 35 ug/m 3

Rolling 3-
month

average (3) 0.15 ug/m 3

Annual (6) 15 ug/m 3 (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/m 3 , 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/m 3

(2) 0.5 ppm

8-hr. max (4) 0.075 ppm

24-hr. max

Rolling 3-
month

average (3) 0.15 ug/m 3

Annual (5) 15 ug/m 3 100 ug/m 3

(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 = 4.10P 0.67

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/l 1

Ablative Coating 5.0 600

Adhesion Promoter 7.4 890

Adhesive Bonding Primers:

Cured at 250 E F or below 7.1 850

Cured above 250 E F 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

198Coating Type Limit

lb/gal g/l 1

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

199Coating Type Limit

lb/gal g/l 1

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:

s w es s w es g/l = (W - W - W )/(V - V - V )

Where:

s W = weight of total volatiles in grams

w W = weight of water in grams

es W = weight of exempt compounds in grams

s V = volume of coating in liters

w V = volume of water in liters

es V = volume of exempt compounds in liters

200 APPENDIX O. TOXIC AIR CONTAM INANTS (TAC) MAXIMUM ACCEPTABLE AMBIENT CONCENTRATIONS (MAAC)

CAS SUBSTANCE MAAC ppb MAAC

 g /m 3 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

2 Acid gas expressed as SO and
HCl As defined in OAC 252:100-
17.

2 4 Acid mist expressed as H SO As defined in 40 CFR 60.81
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

2 Hydrogen sulfide or H S NSPS

Lead Criteria pollutant
Mercury NSPS and NESHAP

2 Nitrogen dioxide or NO Criteria pollutant 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.

2 Sulfur dioxide or SO 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)

202NOTES:

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

10 Particulate Matter as PM in the Atmosphere 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 2

Standards of Performance for Onshore Natural Gas Processing: SO
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