GAR\' l. SHERRER 

SECRETARY OF ENVIRONMENT 

January 18, 2013 

STATE OF OKLAHOMA 

OFFICE OF THE 

SECRETARY OF ENVIRONMENT 

www.environment.ok.gov 

Mr. Ron Curry, Regional Administrator 

U.S. Environmental Protection Agency- Region VI (6 PD-L) 

1445 Ross Avenue, Suite 1200 

Dallas TX 75202-2733 

RECEIVED- 6POL 

AIR PLANNING SEC. 

13 FEB -6 PH 5: 0., 

Subject: 2012 Revisions to Oklahoma Air Quality Control Implementation Plan 

Dear Mr. Curry: 

MARY FALLI:-i 

GOVERNOR 

In her letter dated March 30, 2011, Governor Mary Fallin appointed me as her designee for the 

purpose of submitting documents to the U.S. Environmental Protection Agency for approval and 

incorporation into the State Implementation Plan (SIP) for Oklahoma. 

Therefore, the State of Oklahoma submits for your review and approval under Section 110 of the 

federal Clean Air Act and 40 CFR Part 51, revisions to the Oklahoma Air Quality Control 

Implementation Plan and the associated evidence as required by 40 CFR 51, Appendix V, 2.1. 

This submittal is the annual SIP update for 2012 and includes amendments to OAC 252:100, Air 

Pollutant Control, which became effective July 1, 2012. The modifications to Oklahoma's plan 

were accomplished by the adoption of permanent rules by the Department of Environmental 

Quality. This submittal covers amendments to Subchapters I, 2, 8, 17, 31, and Appendices A 

and Q in OAC 252:100 that became effective July I, 2012. 

These rules were promulgated in compliance with the Oklahoma Administrative Procedures Act 

and published in the Oklahoma Register, the official state publication for rulemaking actions. 

We have included one hard copy and one electronic copy of the submittal as required by 40 CFR 

51.103(a). 

0 Printed on Recyded Paper 

3800 N CLASSEN BOULEVARD • OKLAHOMA CITY. OKLAHOMA 73118 

TElEPHONE !405) 530-8995 • FAX (405) 530-l!999 
If you have questions, please contact Eddie Terrill, Director, Air Quality Division, Department 

of Environmental Quality at ( 405) 702-4154. 

Sincerely, 

Gary~r 

J1. ;t_, ~ 

Secretary of Environment 

Enclosures 

cc: Steve Thompson, Executive Director, Department of Environmental Quality 

Eddie Terrill, Director, DEQ Air Quality Division 

Guy Donaldson, Section Chief, Air Planning Section, EPA Region VI (6PD-L) 

Jeff Robinson, Section Chief, Air Permits, EPA Region VI (6PD-R) 
AIR QUALITY DIVISION 

2012 

State Implementation Plan

Oklahoma Administrative Code 

252:100 

Submitted to EPA 

January 2013 


1 

Legal Authority 

27A O.S. §2-5-105 designates DEQ as the administrative agency for the Oklahoma Clean Air 

Act (CAA). DEQ’s Air Quality Division (AQD) handles the statutory authorities and 

responsibilities concerning air quality under OAC 252:4-1-3(c). The AQD has the authority to 

carry out all duties, requirements, and responsibilities necessary and proper for the 

implementation of the Oklahoma CAA and fulfilling the requirements of the federal CAA under 

27A O.S. §§1-3-101(B)(8), 2-3-101(E)(1), and 2-5-105. Upon recommendation of the Air 

Quality Advisory Council, the Environmental Quality Board has the authority under Oklahoma 

statutory law 27A O.S. §2-5-106 to adopt air quality regulations for DEQ. DEQ has the 

authority under Oklahoma law to: 

Enforce those regulations and orders of DEQ [27A OS §§2-5-105(4) and 2-5-110]; 

Maintain and update an inventory of air emissions from stationary sources 

[27A O.S. §2-5-105(19)]; 

Establish a permitting program [27A O.S. §2-5-105(2)]; and 

Carry out all other duties, requirements and responsibilities necessary and proper for 

the implementation of the Oklahoma CAA and the fulfillment of the requirements 

of the federal CAA [27A O.S. §2-5-105(22)]. 

Specifically, the Environmental Quality Board and DEQ have the existing authority to: 

Adopt emissions standards and regulations to implement the Oklahoma CAA and 

fulfill requirements of the federal CAA [27A O.S. §§2-2-104, 2-5-105, 2-5-106, 

2-5-107, and 2-5-114]; 

Enforce the relevant laws, regulations, standards, orders and compliance schedules 

authorized by the Oklahoma CAA [27A O.S. §§2-5-105(4) and 2-5-110], and 

seek injunctive relief when necessary [27A O.S. §§2-5-105(14) and 2-5-117(A)]; 

Abate pollutant emissions on evidence that the source is presenting an immediate, 

imminent and substantial endangerment to human health [27A O.S. §2-5-

105(15)]; 

Prevent construction, modification, or operation of a source in violation of the 

requirement to have a permit, or in violation of any substantive provision or 

condition of any permit issued pursuant to the Oklahoma CAA [27A O.S. §2-5-

117(A)(2)]; 

Obtain information necessary to determine compliance [27A O.S. §§2-5-105(17), 

(18)]; 

Require recordkeeping, make inspections, and conduct tests [27A O.S. §2-5-105(17)]; 

Require the installation, maintenance and use of monitors and require emissions 

reports of owners or operators [27A O.S. §2-5-112(B)(5)]; and 

Make emissions data available to the public [51 O.S. §§24A.1 through 24A.27]. 

The appendix contains copies of these referenced statutes. 
2 

OAC 252:4-1-3. Organization 

(a) Environmental Quality Board. The Environmental Quality Board consists of thirteen (13) 

members, appointed by the Governor with the advice and consent of the Senate, selected from 

the environmental profession, general industry, hazardous waste industry, solid waste industry, 

water usage, petroleum industries, agriculture industries, conservation districts, local city or town 

governments, rural water districts, and statewide nonprofit environmental organizations. (See 

further 27A O.S. § 2-2-101.) 

(b) Advisory Councils. There are seven advisory councils, each consisting of nine (9) members 

appointed by the Speaker of the House of Representatives, the President Pro Tempore of the 

Senate 

or the Governor. (See further 27A O.S. § 2-2-201 and 59 O.S. § 1101 et seq.) 

(c) DEQ. The DEQ consists of the following divisions: Administrative Services, Air Quality, 

Land Protection, Water Quality, Environmental Complaints and Local Services, Customer 

Services and the State Environmental Laboratory. 

 
3 

APPENDIX 

LEGAL AUTHORITY 

§27A-1-3-101. State environmental agencies - Jurisdictional areas of environmental 

responsibilities. 

A. The provisions of this section specify the jurisdictional areas of responsibility for each 

state environmental agency and state agencies with limited environmental responsibility. The 

jurisdictional areas of environmental responsibility specified in this section shall be in addition to 

those otherwise provided by law and assigned to the specific state environmental agency; 

provided that any rule, interagency agreement or executive order enacted or entered into prior to 

the effective date of this section which conflicts with the assignment of jurisdictional 

environmental responsibilities specified by this section is hereby superseded. The provisions of 

this subsection shall not nullify any financial obligation arising from services rendered pursuant 

to any interagency agreement or executive order entered into prior to July 1, 1993, nor nullify 

any obligations or agreements with private persons or parties entered into with any state 

environmental agency before July 1, 1993. 

B. Department of Environmental Quality. The Department of Environmental Quality 

shall have the following jurisdictional areas of environmental responsibility: 

1. All point source discharges of pollutants and storm water to waters of the state which 

originate from municipal, industrial, commercial, mining, transportation and utilities, 

construction, trade, real estate and finance, services, public administration, manufacturing and 

other sources, facilities and activities, except as provided in subsections D and E of this section; 

2. All nonpoint source discharges and pollution except as provided in subsections D, E 

and F of this section; 

3. Technical lead agency for point source, nonpoint source and storm water pollution 

control programs funded under Section 106 of the federal Clean Water Act, for areas within the 

Department’s jurisdiction as provided in this subsection; 

4. Surface water and groundwater quality and protection and water quality certifications; 

5. Waterworks and wastewater works operator certification; 

6. Public and private water supplies; 

7. Underground injection control pursuant to the federal Safe Drinking Water Act and 40 

CFR Parts 144 through 148, except for: 

and their accompanying use support assessment protocols, anti-degradation policy and 

implementation, and policies generally affecting Oklahoma Water Quality Standards application 

and implementation including but not limited to mixing zones, low flows and variances or any 

modification or change thereof pursuant to Section 1085.30 of Title 82 of the Oklahoma Statutes; 

10. Groundwater protection for activities subject to the jurisdictional a. Class 

II injection wells, 

b. Class V injection wells utilized in the remediation of groundwater 

associated with underground or aboveground storage tanks regulated by the 

Corporation Commission, 
4 

c. those wells used for the recovery, injection or disposal of mineral brines as 

defined in the Oklahoma Brine Development Act regulated by the 

Commission, and 

d. any aspect of any CO2 sequestration facility, including any associated CO2 

injection well, over which the Commission is given jurisdiction pursuant to 

the Oklahoma Carbon Capture and Geologic Sequestration Act; 

8. Notwithstanding any other provision in this section or other environmental jurisdiction 

statute, sole and exclusive jurisdiction for air quality under the federal Clean Air Act and 

applicable state law, except for indoor air quality and asbestos as regulated for worker safety by 

the federal Occupational Safety and Health Act and by Chapter 11 of Title 40 of the Oklahoma 

Statutes; 

9. Hazardous waste and solid waste, including industrial, commercial and municipal 

waste; 

10. Superfund responsibilities of the state under the Comprehensive Environmental 

Response, Compensation and Liability Act of 1980 and amendments thereto, except the planning 

requirements of Title III of the Superfund Amendment and Reauthorization Act of 1986; 

11. Radioactive waste and all regulatory activities for the use of atomic energy and 

sources of radiation except for electronic products used for diagnosis by diagnostic x-ray 

facilities and electronic products used for bomb detection by public safety bomb squads within 

law enforcement agencies of this state or within law enforcement agencies of any political 

subdivision of this state; 

12. Water, waste, and wastewater treatment systems including, but not limited to, septic 

tanks or other public or private waste disposal systems; 

13. Emergency response as specified by law; 

14. Environmental laboratory services and laboratory certification; 

15. Hazardous substances other than branding, package and labeling requirements; 

16. Freshwater wellhead protection; 

17. Groundwater protection for activities subject to the jurisdictional areas of 

environmental responsibility of the Department; 

18. Utilization and enforcement of Oklahoma Water Quality Standards and 

implementation documents; 

19. Environmental regulation of any entity or activity, and the prevention, control and 

abatement of any pollution, not subject to the specific statutory authority of another state 

environmental agency; 

20. Development and maintenance of a computerized information system relating to water 

quality pursuant to Section 1-4-107 of this title; and 

21. Development and promulgation of a Water Quality Standards Implementation Plan 

pursuant to Section 1-1-202 of this title for its jurisdictional area of environmental responsibility. 

C. Oklahoma Water Resources Board. The Oklahoma Water Resources Board shall have 

the following jurisdictional areas of environmental responsibility: 

1. Water quantity including, but not limited to, water rights, surface water and 

underground water, planning, and interstate stream compacts; 

2. Weather modification; 

3. Dam safety; 

4. Flood plain management; 

5. State water/wastewater loans and grants revolving fund and other related financial aid 

programs; 
5 

6. Administration of the federal State Revolving Fund Program including, but not limited 

to, making application for and receiving capitalization grant awards, wastewater prioritization for 

funding, technical project reviews, environmental review process, and financial review and 

administration; 

7. Water well drillers/pump installers licensing; 

8. Technical lead agency for clean lakes eligible for funding under Section 314 of the 

federal Clean Water Act or other applicable sections of the federal Clean Water Act or other 

subsequent state and federal clean lakes programs; administration of a state program for 

assessing, monitoring, studying and restoring Oklahoma lakes with administration to include, but 

not be limited to, receipt and expenditure of funds from federal, state and private sources for 

clean lakes and implementation of a volunteer monitoring program to assess and monitor state 

water resources, provided such funds from federal Clean Water Act sources are administered and 

disbursed by the Office of the Secretary of Environment; 

9. Statewide water quality standards areas of environmental responsibility of the Board; 

11. Development and promulgation of a Water Quality Standards Implementation Plan 

pursuant to Section 1-1-202 of this title for its jurisdictional area of environmental responsibility; 

12. Development of classifications and identification of permitted uses of groundwater, in 

recognized water rights, and associated groundwater recharge areas; 

13. Establishment and implementation of a statewide beneficial use monitoring program 

for waters of the state in coordination with the other state environmental agencies; 

14. Coordination with other state environmental agencies and other public entities of 

water resource investigations conducted by the federal United States Geological Survey for water 

quality and quantity monitoring in the state; and 

15. Development and submission of a report concerning the status of water quality 

monitoring in this state pursuant to Section 1-1-202 of this title. 

D. Oklahoma Department of Agriculture, Food, and Forestry. 

1. The Oklahoma Department of Agriculture, Food, and Forestry shall have the following 

jurisdictional areas of environmental responsibility except as provided in paragraph 2 of this 

subsection: 

a. point source discharges and nonpoint source runoff from agricultural crop 

production, agricultural services, livestock production, silviculture, feed 

yards, livestock markets and animal waste, 

b. pesticide control, 

c. forestry and nurseries, 

d. fertilizer, 

e. facilities which store grain, feed, seed, fertilizer and agricultural chemicals, 

f. dairy waste and wastewater associated with milk production facilities, 

g. groundwater protection for activities subject to the jurisdictional areas of 

environmental responsibility of the Department, 

h. utilization and enforcement of Oklahoma Water Quality Standards and 

implementation documents, 

i. development and promulgation of a Water Quality Standards 

Implementation Plan pursuant to Section 1-1-202 of this title for its 

jurisdictional areas of environmental responsibility, and 

j. storm water discharges for activities subject to the jurisdictional areas of 

environmental responsibility of the Department. 
6 

2. In addition to the jurisdictional areas of environmental responsibility specified in 

subsection B of this section, the Department of Environmental Quality shall have environmental 

jurisdiction over: 

a. (1) commercial manufacturers of fertilizers, grain and feed products, 

and chemicals, and over manufacturing of food and kindred 

products, tobacco, paper, lumber, wood, textile mill and other 

agricultural products, 

(2) slaughterhouses, but not including feedlots at these facilities, and 

(3) aquaculture and fish hatcheries, 

including, but not limited to, discharges of pollutants and storm water to 

waters of the state, surface impoundments and land application of wastes 

and sludge, and other pollution originating at these facilities, and 

b. facilities which store grain, feed, seed, fertilizer, and agricultural chemicals 

that are required by federal NPDES regulations to obtain a permit for storm 

water discharges shall only be subject to the jurisdiction of the Department 

of Environmental Quality with respect to such storm water discharges. 

E. Corporation Commission. 

1. The Corporation Commission is hereby vested with exclusive jurisdiction, power and 

authority, and it shall be its duty to promulgate and enforce rules, and issue and enforce orders 

governing and regulating: 

a. the conservation of oil and gas, 

b. field operations for geologic and geophysical exploration for oil, gas and 

brine, including seismic survey wells, stratigraphic test wells and core test 

wells, 

c. the exploration, drilling, development, producing or processing for oil and 

gas on the lease site, 

d. the exploration, drilling, development, production and operation of wells 

used in connection with the recovery, injection or disposal of mineral 

brines, 

e. reclaiming facilities only for the processing of salt water, crude oil, natural 

gas condensate and tank bottoms or basic sediment from crude oil tanks, 

pipelines, pits and equipment associated with the exploration, drilling, 

development, producing or transportation of oil or gas, 

f. underground injection control pursuant to the federal Safe Drinking Water 

Act and 40 CFR Parts 144 through 148, of: 

(1) Class II injection wells, 

(2) Class V injection wells utilized in the remediation of groundwater 

associated with underground or aboveground storage tanks regulated 

by the Commission, 

(3) those wells used for the recovery, injection or disposal of mineral 

brines as defined in the Oklahoma Brine Development Act, and 

(4) any aspect of any CO2 sequestration facility, including any 

associated CO2 injection well, over which the Commission is given 

jurisdiction pursuant to the Oklahoma Carbon Capture and Geologic 

Sequestration Act. 

Any substance that the United States Environmental Protection Agency 

allows to be injected into a Class II well may continue to be so injected, 
7 

g. tank farms for storage of crude oil and petroleum products which are 

located outside the boundaries of refineries, petrochemical manufacturing 

plants, natural gas liquid extraction plants, or other facilities which are 

subject to the jurisdiction of the Department of Environmental Quality with 

regard to point source discharges, 

h. the construction and operation of pipelines and associated rights-of-way, 

equipment, facilities or buildings used in the transportation of oil, gas, 

petroleum, petroleum products, anhydrous ammonia or mineral brine, or in 

the treatment of oil, gas or mineral brine during the course of transportation 

but not including line pipes in any: 

(1) natural gas liquids extraction plant, 

(2) refinery, 

(3) reclaiming facility other than for those specified within 

subparagraph e of this subsection, 

(4) mineral brine processing plant, and 

(5) petrochemical manufacturing plant, 

i. the handling, transportation, storage and disposition of saltwater, mineral 

brines, waste oil and other deleterious substances produced from or 

obtained or used in connection with the drilling, development, producing 

and operating of oil and gas wells, at: 

(1) any facility or activity specifically listed in paragraphs 1 and 2 of 

this subsection as being subject to the jurisdiction of the 

Commission, and 

(2) other oil and gas extraction facilities and activities, 

j. spills of deleterious substances associated with facilities and activities 

specified in paragraph 1 of this subsection or associated with other oil and 

gas extraction facilities and activities, 

k. subsurface storage of oil, natural gas and liquefied petroleum gas in 

geologic strata, 

l. groundwater protection for activities subject to the jurisdictional areas of 

environmental responsibility of the Commission, 

m. utilization and enforcement of Oklahoma Water Quality Standards and 

implementation documents, and 

n. development and promulgation of a Water Quality Standards 

Implementation Plan pursuant to Section 1-1-202 of this title for its 

jurisdictional areas of environmental responsibility. 

2. The exclusive jurisdiction, power and authority of the Commission shall also extend to 

the construction, operation, maintenance, site remediation, closure and abandonment of the 

facilities and activities described in paragraph 1 of this subsection. 

3. When a deleterious substance from a Commission-regulated facility or activity enters a 

point source discharge of pollutants or storm water from a facility or activity regulated by the 

Department of Environmental Quality, the Department shall have sole jurisdiction over the point 

source discharge of the commingled pollutants and storm water from the two facilities or 

activities insofar as Department-regulated facilities and activities are concerned. 

4. For purposes of the federal Clean Water Act, any facility or activity which is subject to 

the jurisdiction of the Commission pursuant to paragraph 1 of this subsection and any other oil 

and gas extraction facility or activity which requires a permit for the discharge of a pollutant or 
8 

storm water to waters of the United States shall be subject to the direct jurisdiction of the federal 

Environmental Protection Agency and shall not be required to be permitted by the Department of 

Environmental Quality or the Commission for such discharge. 

5. The Commission shall have jurisdiction over: 

a. underground storage tanks that contain antifreeze, motor oil, motor fuel, 

gasoline, kerosene, diesel, or aviation fuel and that are not located at 

refineries or at the upstream or intermediate shipment points of pipeline 

operations, including, but not limited to, tanks from which these materials 

are dispensed into vehicles, or tanks used in wholesale or bulk distribution 

activities, as well as leaks from pumps, hoses, dispensers, and other 

ancillary equipment associated with the tanks, whether above the ground or 

below; provided, that any point source discharge of a pollutant to waters of 

the United States during site remediation or the off-site disposal of 

contaminated soil, media, or debris shall be regulated by the Department of 

Environmental Quality, 

b. aboveground storage tanks that contain antifreeze, motor oil, motor fuel, 

gasoline, kerosene, diesel, or aviation fuel and that are not located at 

refineries or at the upstream or intermediate shipment points of pipeline 

operations, including, but not limited to, tanks from which these materials 

are dispensed into vehicles, or tanks used in wholesale or bulk distribution 

activities, as well as leaks from pumps, hoses, dispensers, and other 

ancillary equipment associated with the tanks, whether above the ground or 

below; provided, that any point source discharge of a pollutant to waters of 

the United States during site remediation or the off-site disposal of 

contaminated soil, media, or debris shall be regulated by the Department of 

Environmental Quality, and 

c. the Petroleum Storage Tank Release Environmental Cleanup Indemnity 

Fund, the Oklahoma Petroleum Storage Tank Release Indemnity Program, 

and the Oklahoma Leaking Underground Storage Tank Trust Fund. 

6. The Department of Environmental Quality shall have sole jurisdiction to regulate the 

transportation, discharge or release of deleterious substances or solid or hazardous waste or other 

pollutants from rolling stock and rail facilities. The Department of Environmental Quality shall 

not have any jurisdiction with respect to pipeline transportation of carbon dioxide. 

7. The Department of Environmental Quality shall have sole environmental jurisdiction 

for point and nonpoint source discharges of pollutants and storm water to waters of the state 

from: 

a. refineries, petrochemical manufacturing plants and natural gas liquid 

extraction plants, 

b. manufacturing of equipment and products related to oil and gas, 

c. bulk terminals, aboveground and underground storage tanks not subject to 

the jurisdiction of the Commission pursuant to this subsection, and 

d. other facilities, activities and sources not subject to the jurisdiction of the 

Commission or the Oklahoma Department of Agriculture, Food, and 

Forestry as specified by this section. 

8. The Department of Environmental Quality shall have sole environmental jurisdiction to 

regulate air emissions from all facilities and sources subject to operating permit requirements 

under Title V of the federal Clean Air Act as amended. 
9 

F. Oklahoma Conservation Commission. The Oklahoma Conservation Commission shall 

have the following jurisdictional areas of environmental responsibility: 

1. Soil conservation, erosion control and nonpoint source management except as otherwise 

provided by law; 

2. Monitoring, evaluation and assessment of waters to determine the condition of streams 

and rivers being impacted by nonpoint source pollution. In carrying out this area of 

responsibility, the Oklahoma Conservation Commission shall serve as the technical lead agency 

for nonpoint source categories as defined in Section 319 of the federal Clean Water Act or other 

subsequent federal or state nonpoint source programs, except for activities related to industrial 

and municipal storm water or as otherwise provided by state law; 

3. Wetlands strategy; 

4. Abandoned mine reclamation; 

5. Cost-share program for land use activities; 

6. Assessment and conservation plan development and implementation in watersheds of 

clean lakes, as specified by law; 

7. Complaint data management; 

8. Coordination of environmental and natural resources education; 

9. Federal upstream flood control program; 

10. Groundwater protection for activities subject to the jurisdictional areas of 

environmental responsibility of the Commission; 

11. Development and promulgation of a Water Quality Standards Implementation Plan 

pursuant to Section 1-1-202 of this title for its jurisdictional areas of environmental 

responsibility; 

12. Utilization of Oklahoma Water Quality Standards and Implementation documents; and 

13. Verification and certification of carbon sequestration pursuant to the Oklahoma 

Carbon Sequestration Enhancement Act. This responsibility shall not be superseded by the 

Oklahoma Carbon Capture and Geologic Sequestration Act. 

G. Department of Mines. The Department of Mines shall have the following jurisdictional 

areas of environmental responsibility: 

1. Mining regulation; 

2. Mining reclamation of active mines; 

3. Groundwater protection for activities subject to the jurisdictional areas of 

environmental responsibility of the Commission; and 

4. Development and promulgation of a Water Quality Standards Implementation Plan 

pursuant to Section 1-1-202 of this title for its jurisdictional areas of responsibility. 

H. Department of Wildlife Conservation. The Department of Wildlife Conservation shall 

have the following jurisdictional areas of environmental responsibilities: 

1. Investigating wildlife kills; 

2. Wildlife protection and seeking wildlife damage claims; and 

3. Development and promulgation of a Water Quality Standards Implementation Plan 

pursuant to Section 1-1-202 of this title for its jurisdictional areas of environmental 

responsibility. 

I. Department of Public Safety. The Department of Public Safety shall have the following 

jurisdictional areas of environmental responsibilities: 

1. Hazardous waste, substances and material transportation inspections as authorized by 

the Hazardous Materials Transportation Act; and 
10 

2. Inspection and audit activities of hazardous waste and materials carriers and handlers as 

authorized by the Hazardous Materials Transportation Act. 

J. Department of Labor. The Department of Labor shall have the following jurisdictional 

areas of environmental responsibility: 

1. Regulation of asbestos in the workplace pursuant to Chapter 11 of Title 40 of the 

Oklahoma Statutes; 

2. Asbestos monitoring in public and private buildings; and 

3. Indoor air quality as regulated under the authority of the Oklahoma Occupational 

Health and Safety Standards Act, except for those indoor air quality issues specifically 

authorized to be regulated by another agency. 

Such programs shall be a function of the Department’s occupational safety and health 

jurisdiction. 

K. Oklahoma Department of Emergency Management. The Oklahoma Department of 

Emergency Management shall have the following jurisdictional areas of environmental 

responsibilities: 

1. Coordination of all emergency resources and activities relating to threats to citizens’ 

lives and property pursuant to the Oklahoma Emergency Resources Management Act of 1967; 

2. Administer and enforce the planning requirements of Title III of the Superfund 

Amendments and Reauthorization Act of 1986 and develop such other emergency operations 

plans that will enable the state to prepare for, respond to, recover from and mitigate potential 

environmental emergencies and disasters pursuant to the Oklahoma Hazardous Materials 

Planning and Notification Act; 

3. Administer and conduct periodic exercises of emergency operations plans provided for 

in this subsection pursuant to the Oklahoma Emergency Resources Management Act of 1967; 

4. Administer and facilitate hazardous materials training for state and local emergency 

planners and first responders pursuant to the Oklahoma Emergency Resources Management Act 

of 1967; and 

5. Maintain a computerized emergency information system allowing state and local access 

to information regarding hazardous materials’ location, quantity and potential threat. 

Added by Laws 1992, c. 398, § 6, eff. July 1, 1993. Amended by Laws 1993, c. 145, § 11, eff. 

July 1, 1993. Renumbered from § 6 of this title by Laws 1993, c. 145, § 359, eff. July 1, 1993. 

Amended by Laws 1993, c. 324, § 6, eff. July 1, 1993; Laws 1994, c. 140, § 24, eff. Sept. 1, 

1994; Laws 1997, c. 217, § 1, eff. July 1, 1997; Laws 1999, c. 413, § 4, eff. Nov. 1, 1999; Laws 

2000, c. 364, § 1, emerg. eff. June 6, 2000; Laws 2002, c. 397, § 1, eff. Nov. 1, 2002; Laws 

2004, c. 100, § 2, eff. July 1, 2004; Laws 2004, c. 430, § 11, emerg. eff. June 4, 2004; Laws 

2009, c. 429, § 8, emerg. eff. June 1, 2009; Laws 2012, c. 110, § 1, eff. Nov. 1, 2012. 

§27A-2-2-104. Board rules incorporating by reference federal provisions - No effect on 

rules from subsequent changes in federal provisions. 

Insofar as permitted by law and upon recommendation from the appropriate Council, rules 

promulgated by the Environmental Quality Board may incorporate a federal statute or regulation 

by reference. Any Board rule which incorporates a federal provision by reference incorporates 

the language of the federal provision as it existed at the time of the incorporation by reference. 

Any subsequent modification, repeal or invalidation of the federal provision shall not be deemed 

to affect the incorporating Board rule. 
11 

Added by Laws 1994, c. 353, § 3, eff. July 1, 1994. 

§27A-2-3-101. Creation - Powers and duties - Disclosure of interests - Employee 

classification - Programs - Departmental offices and divisions - Annual report - 

Environmental Quality Report - Environmental services contracts. 

A. There is hereby created the Department of Environmental Quality. 

B. Within its jurisdictional areas of environmental responsibility, the Department of 

Environmental Quality, through its duly designated employees or representatives, shall have the 

power and duty to: 

1. Perform such duties as required by law; and 

2. Be the official agency of the State of Oklahoma, as designated by law, to cooperate with 

federal agencies for point source pollution, solid waste, hazardous materials, pollution, 

Superfund, water quality, hazardous waste, radioactive waste, air quality, drinking water 

supplies, wastewater treatment and any other program authorized by law or executive order. 

C. Any employee of the Department in a technical, supervisory or administrative position 

relating to the review, issuance or enforcement of permits pursuant to this Code who is an owner, 

stockholder, employee or officer of, or who receives compensation from, any corporation, 

partnership, or other business or entity which is subject to regulation by the Department of 

Environmental Quality shall disclose such interest to the Executive Director. Such disclosure 

shall be submitted for Board review and shall be made a part of the Board minutes available to 

the public. This subsection shall not apply to financial interests occurring by reason of an 

employee's participation in the Oklahoma State Employees Deferred Compensation Plan or 

publicly traded mutual funds. 

D. The Executive Director, Deputy Director, and all other positions and employees of the 

Department at the Division Director level or higher shall be in the unclassified service. 

E. The following programs are hereby established within the Department of 

Environmental Quality: 

1. An air quality program which shall be responsible for air quality; 

2. Water programs which shall be responsible for water quality, including, but not limited 

to point source and nonpoint source pollution within the jurisdiction of the Department, public 

and private water supplies, public and private wastewater treatment, water protection and 

discharges to waters of the state; 

3. Land protection programs which shall be responsible for hazardous waste, solid waste, 

radiation, and municipal, industrial, commercial and other waste within its jurisdictional areas of 

environmental responsibility pursuant to Section 1-3-101 of this title; and 

4. Special projects and services programs which shall be responsible for duties related to 

planning, interagency coordination, technical assistance programs, laboratory services and 

laboratory certification, recycling, education and dissemination of information. 

F. Within the Department there are hereby created: 

1. The complaints program which shall be responsible for intake processing, investigation, 

mediation and conciliation of inquiries and complaints received by the Department and which 

shall provide for the expedient resolution of complaints within the jurisdiction of the 

Department; and 

2. The customer assistance program which shall be responsible for advising and providing 

to licensees, permittees and those persons representing businesses or those persons associated 

with and representing local political subdivisions desiring a license or permit, the necessary 

forms and the information necessary to comply with the Oklahoma Environmental Quality Code. 
12 

The customer assistance program shall coordinate with other programs of the Department to 

assist businesses and municipalities in complying with state statutes and rules governing 

environmental areas. 

The customer assistance program shall also be responsible for advising and providing 

assistance to persons desiring information concerning the Department's rules, laws, procedures, 

licenses or permits, and forms used to comply with the Oklahoma Environmental Quality Code. 

G. The Department shall be responsible for holding administrative hearings as defined in 

Section 2-1-102 of this title and shall provide support services related to them, including, but not 

limited to, giving required notices, maintaining the docket, scheduling hearings, and maintaining 

legal records. 

H. 1. The Department shall prepare and submit an annual report assessing the status of the 

Department's programs to the Board, the Governor, the President Pro Tempore of the State 

Senate, and the Speaker of the Oklahoma House of Representatives by January 1 of each year. 

The annual status report shall include: the number of environmental inspections made within the 

various regulatory areas under the Department's jurisdiction; the number of permit applications 

submitted within the various regulatory areas under the Department's jurisdiction; the number of 

permits issued within the various regulatory areas under the Department's jurisdiction; the 

number and type of complaints filed with the Department; the number of resolved and 

unresolved Department complaints; a list of any permits and complaints which failed to be either 

completed or resolved within the Department's established time frames and an explanation of 

why the Department was unable to meet said time frames; the number and kinds of services 

provided corporations, businesses, cities, towns, schools, citizen groups and individuals by the 

customer assistance programs; a summary of the Department's environmental education efforts; 

the number and type of administrative hearings held and their outcomes; a detailed description of 

any promulgated and pending emergency or permanent rules requested by the Department and 

the current status of pending rules within the rulemaking process; the number of notices of 

violations issued by the Department within the various regulatory areas under its jurisdiction; the 

amount of penalties collected by the Department within the various regulatory areas under its 

jurisdiction; and any other information which the Department believes is pertinent. 

2. Beginning January 1, 1995, and on or before January 1 of every year thereafter, the 

Department shall prepare an Oklahoma Environmental Quality Report which outlines the 

Department's annual needs for providing environmental services within its jurisdictional areas. 

The report shall reflect any new federal mandates and any state statutory or constitutional 

changes recommended by the Department within its jurisdictional areas. The Oklahoma 

Environmental Quality Report shall be reviewed, amended, and approved by the Board. The 

Department shall transmit an approved copy of the Oklahoma Environmental Quality Report to 

the Governor, President Pro Tempore of the State Senate, and Speaker of the House of 

Representatives. 

3. The Executive Director shall establish such divisions and such other programs and 

offices as the Executive Director may determine necessary to implement and administer 

programs and functions within the jurisdiction of the Department pursuant to the Oklahoma 

Environmental Quality Code. 

I. 1. The Department may contract with other governmental entities to provide 

environmental services. Such contracts may include duties related to providing information to 

the public regarding state environmental services, resources, permitting requirements and 

procedures based upon the ability, education and training of state environmental agency 

employees. 
13 

2. The Department, in conjunction with the state environmental agencies, may develop a 

program for the purpose of training government employees to provide any needed environmental 

services; provided, that the investigation of complaints regarding, or inspections of, permitted 

sites or facilities shall not be performed by employees of other agencies, unless otherwise 

authorized by law. 

Added by Laws 1992, c. 398, § 9, eff. Jan. 1, 1993. Amended by Laws 1993, c. 145, § 16, eff. July 1, 

1993. Renumbered from § 9 of this title by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by 

Laws 1993, c. 324, § 5, eff. July 1, 1993; Laws 1995, c. 246, § 1, eff. Nov. 1, 1995; Laws 2002, c. 139, § 

1, emerg. eff. April 29, 2002. 

§27A-2-5-105. Administrative agency - Powers and duties. 

The Department of Environmental Quality is hereby designated the administrative agency 

for the Oklahoma Clean Air Act for the state. The Department is empowered to: 

1. Establish, in accordance with its provisions, those programs specified elsewhere in the 

Oklahoma Clean Air Act; 

2. Establish, in accordance with the Oklahoma Clean Air Act, a permitting program for 

the state which will contain the flexible source operation provisions required by Section 

502(b)(10) of the Federal Clean Air Act Amendments of 1990; 

3. Prepare and develop a general plan for proper air quality management in the state in 

accordance with the Oklahoma Clean Air Act; 

4. Enforce rules of the Board and orders of the Department and the Council; 

5. Advise, consult and cooperate with other agencies of the state, towns, cities and 

counties, industries, other states and the federal government, and with affected groups in the 

prevention and control of new and existing air contamination sources within the state; 

6. Encourage and conduct studies, seminars, workshops, investigations and research 

relating to air pollution and its causes, effects, prevention, control and abatement; 

7. Collect and disseminate information relating to air pollution, its prevention and control; 

8. Encourage voluntary cooperation by persons, towns, cities and counties, or other 

affected groups in restoring and preserving a reasonable degree of purity of air within the state; 

9. Represent the State of Oklahoma in any and all matters pertaining to plans, procedures 

or negotiations for the interstate compacts in relation to the control of air pollution; 

10. Provide such technical, scientific or other services, including laboratory and other 

facilities, as may be required for the purpose of carrying out the provisions of the Oklahoma 

Clean Air Act, from funds available for such purposes; 

11. Employ and compensate, within funds available therefor, such consultants and 

technical assistants and such other employees on a full- or part-time basis as may be necessary to 

carry out the provisions of the Oklahoma Clean Air Act and prescribe their powers and duties; 

12. Accept and administer grants or other funds or gifts for the purpose of carrying out 

any of the functions of the Oklahoma Clean Air Act; 

13. Budget and receive duly appropriated monies and all other monies available for 

expenditures to carry out the provisions and purposes of the Oklahoma Clean Air Act; 

14. Bring appropriate court action to enforce the Oklahoma Clean Air Act and final orders 

of the Department, and to obtain injunctive or other proper relief in the district court of the 

county where any alleged violation occurs or where such relief is determined necessary. The 

Department, in furtherance of its statutory powers, shall have the independent authority to file an 
14 

action pursuant to the Oklahoma Clean Air Act in district court. Such action shall be brought in 

the name of the Department of Environmental Quality; 

15. Take such action as may be necessary to abate the alleged pollution upon receipt of 

evidence that a source of pollution or a combination of sources of pollution is presenting an 

immediate, imminent and substantial endangerment to the health of persons; 

16. Periodically enter and inspect at reasonable times or during regular business hours, 

any source, facility or premises permitted or regulated by the Department, for the purpose of 

obtaining samples or determining compliance with the Oklahoma Clean Air Act or any rule 

promulgated thereunder or permit condition prescribed pursuant thereto, or to examine any 

records kept or required to be kept pursuant to the Oklahoma Clean Air Act. Such inspections 

shall be conducted with reasonable promptness and shall be confined to those areas, sources, 

facilities or premises reasonably expected to emit, control, or contribute to the emission of any 

air contaminant; 

17. Require the submission or the production and examination, within a reasonable 

amount of time, of any information, record, document, test or monitoring results or emission 

data, including trade secrets necessary to determine compliance with the Oklahoma Clean Air 

Act or any rule promulgated thereunder, or any permit condition prescribed or order issued 

pursuant thereto. The Department shall hold and keep as confidential any information declared 

by the provider to be a trade secret and may only release such information upon authorization by 

the person providing such information, or as directed by court order. Any documents submitted 

pursuant to the Oklahoma Clean Air Act and declared to be trade secrets, to be so considered, 

must be plainly labeled by the provider, and be in a form whereby the confidential information 

may be easily removed intact without disturbing the continuity of any remaining documents. 

The remaining document, or documents, as submitted, shall contain a notation indicating, at the 

place where the particular information was originally located, that confidential information has 

been removed. Nothing in this section shall preclude an in-camera examination of confidential 

information by an Administrative Law Judge during the course of a contested hearing; 

18. Maintain and update at least annually an inventory of air emissions from stationary 

sources; 

19. Accept any authority delegated from the federal government necessary to carry out 

any portion of the Oklahoma Clean Air Act; and 

20. Carry out all other duties, requirements and responsibilities necessary and proper for 

the implementation of the Oklahoma Clean Air Act and fulfilling the requirements of the Federal 

Clean Air Act. 

Added by Laws 1992, c. 215, § 4, emerg. eff. May 15, 1992. Amended by Laws 1993, c. 145, § 42, eff. 

July 1, 1993. Renumbered from § 1-1805.1 of Title 63 by Laws 1993, c. 145, § 359, eff. July 1, 1993. 

Amended by Laws 1998, c. 314, § 6, eff. July 1, 1998; Laws 2002, c. 397, § 2, eff. Nov. 1, 2002. 

NOTE: Laws 1993, c. 47, § 1 repealed by Laws 1994, c. 2, § 34, emerg. eff. March 2, 1994. 

§27A-2-5-106. Rules and regulations. 

The Board is hereby authorized, after public rulemaking hearing and approval by the 

Council, to: 

1. Promulgate, amend or repeal rules for the prevention, control and abatement of air 

pollution and for establishment of health and safety tolerance standards for discharge of air 

contaminants to the atmosphere; and 
15 

2. Promulgate such additional rules including but not limited to permit fees, as it deems 

necessary to protect the health, safety and welfare of the public and fulfill the intent and purpose 

of these provisions. 

Added by Laws 1992, c. 215, § 5, emerg. eff. May 15, 1992. Amended by Laws 1993, c. 145, § 43, eff. 

July 1, 1993. Renumbered from Title 63, § 1-1806.1 by Laws 1993, c. 145, § 359, eff. July 1, 1993. 

§27A-2-5-107. Air Quality Council - Powers and duties. 

The powers and duties of the Council shall be as follows: 

1. The Council shall recommend to the Board rules or amendments thereto for the 

prevention, control and prohibition of air pollution and for the establishment of health and safety 

tolerances for discharge of air contaminants in the state as may be consistent with the general 

intent and purposes of the Oklahoma Clean Air Act. The recommendations may include, but 

need not be limited to, rules required to implement the following: 

a. a comprehensive state air permitting program, 

b. an accidental release prevention program, 

c. a program for the regulation and control of toxic and hazardous air 

contaminants, 

d. a program for the regulation and control of acid deposition, 

e. a small business program, and 

f. a system of assessing and collecting fees; 

2. The Council shall recommend rules of practice and procedure applicable to proceedings 

before the Council; 

3. Before recommending any permanent rules, or any amendment or repeal thereof to the 

Board, the Council shall hold a public rulemaking hearing. The Council shall have full authority 

to conduct such hearings, and may appoint a hearing officer; 

4. A rule, or any amendment thereof, recommended by the Council may differ in its terms 

and provisions as between particular conditions, particular sources, and particular areas of the 

state. In considering rules, the Council shall give due recognition to the evidence presented that 

the quantity or characteristic of air contaminants or the duration of their presence in the 

atmosphere, which may cause a need for air control in one area of the state, may not cause need 

for air control in another area of the state. The Council shall take into consideration, in this 

connection, all factors found by it to be proper and just, including but not limited to existing 

physical conditions, economic impact, topography, population, prevailing wind directions and 

velocities, and the fact that a rule and the degrees of conformance therewith which may be 

proper as to an essentially residential area of the state may not be proper either as to a highly 

developed industrial area of the state or as to a relatively unpopulated area of the state; 

5. Recommendations to the Board shall be in writing and concurred upon by at least five 

members of the Council; 

6. The Council shall have the authority and the discretion to provide a public forum for the 

discussion of issues it considers relevant to the air quality of the state, and to: 

a. pass nonbinding resolutions expressing the sense of the Council, 

b. make recommendations to the Department concerning the need and the 

desirability of conducting public meetings, workshops and seminars, and 

c. hold public hearings to receive public comment in fulfillment of federal 

requirements regarding the State Implementation Plan and make 

recommendations to the Department concerning the plan; and 
16 

7. The Council shall have the authority to conduct individual proceedings, to issue notices 

of hearings and subpoenas requiring the attendance of witnesses and the production of evidence, 

to administer oaths, and to take testimony and receive such pertinent and relevant proof as it may 

deem to be necessary, proper or desirable in order that it may effectively discharge its duties and 

responsibilities under the Oklahoma Clean Air Act. The Council is also empowered to appoint 

an Administrative Law Judge to conduct individual proceedings and prepare such findings of 

fact, conclusions of law and proposed orders as they may require. Upon issuance of a proposed 

order, the Council shall request that the Executive Director issue a final order in accordance with 

their findings or take such action as indicated and notify the respondent thereof in writing. 

Added by Laws 1992, c. 215, § 7, emerg. eff. May 15, 1992. Amended by Laws 1993, c. 145, § 44, eff. 

July 1, 1993. Renumbered from Title 63, § 1-1808.1 by Laws 1993, c. 145, § 359, eff. July 1, 1993. 

Amended by Laws 1994, c. 353, § 7, eff. July 1, 1994. 

§27A-2-5-110. Violations - Compliance orders - Administrative penalties - Notice and 

hearing - Burden of proof - Settlements or consent orders. 

A. In addition to any other remedy provided for by law, the Department may issue a 

written order to any person whom the Department has reason to believe has violated, or is 

presently in violation of, the Oklahoma Clean Air Act or any rule promulgated by the Board, any 

order of the Department or Council, or any condition of any permit issued by the Department 

pursuant to the Oklahoma Clean Air Act, and to whom the Department has served, no less than 

fifteen (15) days previously, a written notice of violation. The Department shall by conference, 

conciliation and persuasion provide the person a reasonable opportunity to eliminate such 

violations, but may, however, reduce the fifteen-day notice period as in the opinion of the 

Department may be necessary to render the order reasonably effectual. 

B. Such order may require compliance immediately or within a specified time period or 

both. The order, notwithstanding any restriction contained in subsection A of this section, may 

also assess an administrative penalty for past violations occurring no more than five (5) years 

prior to the date the order is filed with the Department, and for each day or part of a day that such 

person fails to comply with the order. 

C. Any order issued pursuant to this section shall state with specificity the nature of the 

violation or violations, and may impose such requirements, procedures or conditions as may be 

necessary to correct the violations. The Department may also order any environmental 

contamination having the potential to adversely affect the public health, when caused by the 

violations, to be corrected by the person or persons responsible. 

D. Any penalty assessed in the order shall not exceed Ten Thousand Dollars ($10,000.00) 

per day for each violation. In assessing such penalties, the Department shall consider the 

seriousness of the violation or violations, any good faith efforts to comply, and other factors 

determined by rule to be relevant. A final order following an enforcement hearing may assess an 

administrative penalty of an amount based upon consideration of the evidence but not exceeding 

the amount stated in the written order. 

E. Any order issued pursuant to this section shall become a final order, unless no later than 

fifteen (15) days after the order is served the person or persons named therein request in writing 

an enforcement hearing. Said order shall contain language to that effect. Upon such request, the 

Department shall promptly schedule the enforcement hearing before an Administrative Law 

Judge for the Department and notify the respondent. 
17 

F. At all proceedings with respect to any alleged violation of the Oklahoma Clean Air Act, 

or any rule promulgated thereunder, the burden of proof shall be upon the Department. 

G. Nothing in this section shall be construed to limit the authority of the Department to 

enter into an agreed settlement or consent order with any respondent. 

Added by Laws 1992, c. 215, § 10, emerg. eff. May 15, 1992. Amended by Laws 1993, c. 145, § 47, eff. 

July 1, 1993. Renumbered from § 1-1811 of Title 63 by Laws 1993, c. 145, § 359, eff. July 1, 1993. 

Amended by Laws 1993, c. 324, § 13, eff. July 1, 1993; Laws 1999, c. 131, § 1, eff. Nov. 1, 1999; Laws 

2001, c. 109, § 1, emerg. eff. April 18, 2001. 

§27A-2-5-112. Comprehensive permitting program - Issuance, denial or renewal. 

A. Upon the effective date of permitting rules promulgated pursuant to the Oklahoma 

Clean Air Act, it shall be unlawful for any person to construct any new source, or to modify or 

operate any new or existing source of emission of air contaminants except in compliance with a 

permit issued by the Department of Environmental Quality, unless the source has been exempted 

or deferred or is in compliance with an applicable deadline for submission of an application for 

such permit. 

B. The Department shall have the authority and the responsibility, in accordance with 

rules of the Environmental Quality Board, to implement a comprehensive permitting program for 

the state consistent with the requirements of the Oklahoma Clean Air Act. Such authority shall 

include but shall not be limited to the authority to: 

1. Expeditiously issue, reissue, modify and reopen for cause, permits for new and existing 

sources for the emission of air contaminants, and to grant a reasonable measure of priority to the 

processing of applications for new construction or modifications. The Department may also 

revoke, suspend, deny, refuse to issue or to reissue a permit upon a determination that any 

permittee or applicant is in violation of any substantive provisions of the Oklahoma Clean Air 

Act, or any rule promulgated thereunder or any permit issued pursuant thereto; 

2. Refrain from issuing a permit when issuance has been objected to by the Environmental 

Protection Agency in accordance with Title V of the Federal Clean Air Act; 

3. Revise any permit for cause or automatically reopen it to incorporate newly applicable 

rules or requirements if the remaining permit term is greater than three (3) years; or incorporate 

insignificant changes into a permit without requiring a revision; 

4. Establish and enforce reasonable permit conditions which may include, but not be 

limited to: 

a. emission limitations for regulated air contaminants, 

b. operating procedures when related to emissions, 

c. performance standards, 

d. provisions relating to entry and inspections, and 

e. compliance plans and schedules; 

5. Require, if necessary, at the expense of the permittee or applicant: 

a. installation and utilization of continuous monitoring devices, 

b. sampling, testing and monitoring of emissions as needed to determine 

compliance, 

c. submission of reports and test results, and 

d. ambient air modeling and monitoring; 

6. Issue: 

a. general permits covering similar sources, and 
18 

b. permits to sources in violation, when compliance plans, which shall be 

enforceable by the Department, are incorporated into the permit; 

7. Require, at a minimum, that emission control devices on stationary sources be 

reasonably maintained and properly operated; 

8. Require that a permittee certify that the facility is in compliance with all applicable 

requirements of the permit and to promptly report any deviations therefrom to the Department; 

9. Issue permits to sources requiring permits under Title V of the Federal Clean Air Act 

for a term not to exceed five (5) years, except that solid waste incinerators may be allowed a 

term of up to twelve (12) years provided that the permit shall be reviewed no less frequently than 

every five (5) years; 

10. Specify requirements and conditions applicable to the content and submittal of permit 

applications; set by rule, a reasonable time in which the Department must determine the 

completeness of such applications; and 

11. Determine the form and content of emission inventories and require their submittal by 

any source or potential source of air contaminant emissions. 

C. Rules of the Board may set limits below which a source of air contaminants may be 

exempted from the requirement to obtain a permit or to pay any fee. Any source so exempted, 

however, shall remain under jurisdiction of the Department and shall be subject to any applicable 

rules or general permit requirements. Such rules shall not prohibit sawmill facilities from open 

burning any wood waste resulting from the milling of untreated cottonwood lumber in areas that 

have always attained ambient air quality standards. 

D. To ensure against unreasonable delay on the part of the Department, the failure of the 

Department to act in either the issuance, denial or renewal of a permit in a reasonable time, as 

determined by rule, shall be deemed to be a final permit action solely for purpose of judicial 

review under the Administrative Procedures Act, with regard to the applicant or any person who 

participated in the public review process. The Supreme Court or the district court, as the case 

may be, may require that action be taken by the Department on the application without additional 

delay. No permit, however, may be issued by default. 

E. The Department shall notify, or require that any applicant notify, all states whose air 

quality may be affected and that are contiguous to the State of Oklahoma, or are within fifty (50) 

miles of the source of each permit application or proposed permit for those sources requiring 

permits under Title V of the Federal Clean Air Act, and shall provide an opportunity for such 

states to submit written recommendations respecting the issuance of the permit and its terms and 

conditions. 

F. No person, including but not limited to the applicant, shall raise any reasonably 

ascertainable issue in any future proceeding, unless the same issues have been raised and 

documented before the close of the public comment period on the draft permit. 

G. A change in ownership of any facility or source subject to permitting requirements 

under this section shall not necessitate any action by the Department not otherwise required by 

the Oklahoma Clean Air Act. Any permit applicable to such source at the time of transfer shall 

be enforceable in its entirety against the transferee in the same manner as it would have been 

against the transferor, as shall any requirement contained in any rule, or compliance schedule set 

forth in any variance or order regarding or applicable to such source. Provided, however, no 

transferee in good faith shall be held liable for penalties for violations of the transferor unless the 

transferee assumes all assets and liabilities through contract or other means. For the purposes of 

this subsection, good faith shall be construed to mean neither having actual knowledge of a 

previous violation nor constructive knowledge which would lead a reasonable person to know of 
19 

the violation. It shall be the responsibility of the transferor to notify the Department in writing 

within thirty (30) days of the change in ownership. 

H. Operating permits may be issued to new sources without public review upon a proper 

determination by the Department that: 

1. The construction permit was issued pursuant to the public review requirements of the 

Code and rules promulgated thereunder; and 

2. The operating permit, as issued, does not differ from the construction permit in any 

manner which would otherwise subject the permit to public review. 

Added by Laws 1992, c. 215, § 12, emerg. eff. May 15, 1992. Amended by Laws 1993, c. 145, § 49, eff. 

July 1, 1993. Renumbered from § 1-1813 of Title 63 by Laws 1993, c. 145, § 359, eff. July 1, 1993. 

Amended by Laws 1994, c. 373, § 16, eff. July 1, 1994; Laws 1995, c. 285, § 2, eff. July 1, 1996; Laws 

1999, c. 284, § 1, emerg. eff. May 27, 1999; Laws 2000, c. 6, § 7, emerg. eff. March 20, 2000; Laws 

2004, c. 83, § 1, emerg. eff. April 13, 2004; Laws 2004, c. 381, § 4, emerg. eff. June 3, 2004. 

NOTE: Laws 1999, c. 131, § 2 repealed by Laws 2000, c. 6, § 33, emerg. eff. March 20, 2000. 

§27A-2-5-114. Implementation and enforcement of federal emission standards - Oil and 

gas well and equipment emissions. 

A. The Department shall have the authority to establish a program for the implementation 

and enforcement of the federal emission standards and other requirements under Section 112 of 

the Federal Clean Air Act for hazardous air pollutants and for the prevention and mitigation of 

accidental releases of regulated substances under Section 112(r) of the Federal Clean Air Act. 

1. Except as otherwise provided by paragraph 2 of this subsection, to assure that such 

program shall be consistent with, and not more stringent than, federal requirements: 

a. any rule recommended by the Council and promulgated by the Board 

regarding hazardous air pollutants and regulated substances shall only be by 

adoption by reference of final federal rules, and 

b. shall include the federal early reduction program under Section 112(i) (5) of 

the Federal Clean Air Act. 

2. The Board may promulgate, pursuant to recommendation by the Council, rules which 

establish emission limitations for hazardous air pollutants which are more stringent than the 

applicable federal standards, upon a determination by the Council that more stringent standards 

are necessary to protect the public health or the environment. 

B. The Department shall also have the authority to establish a separate and distinct 

program only for the control of the emission of those toxic air contaminants not otherwise 

regulated by a final emission standard under Section 112(d) of the Federal Clean Air Act. 

1. Such program shall consist of permanent rules establishing: 

a. appropriate emission limitations, work practice standards, maximum 

acceptable ambient concentrations or control technology standards 

necessary for the protection of the public health or the environment, and 

b. emissions monitoring or process monitoring requirements necessary to 

assure compliance with the requirements of this section. 

2. Paragraph 1 of this subsection shall not be construed as requiring readoption of existing 

rules regarding toxic air contaminants. 

C. Regulation of any hazardous air pollutant pursuant to a final emission standard 

promulgated under Section 112(d) of the Federal Clean Air Act, shall preclude its regulation as a 

toxic air contaminant under subsection B of this section. 
20 

D. Emissions from any oil or gas exploration or production well with its associated 

equipment, and emissions from any pipeline compressor or pump station shall not be aggregated 

with emissions from other similar units, whether or not such units are in a contiguous area or 

under common control, to determine whether such units or stations are major sources, and in the 

case of any oil or gas exploration or production well with its associated equipment, such 

emissions shall not be aggregated for any purpose under this section. 

E. The Department shall not list oil and gas production wells with their associated 

equipment as an area source category, except that the Department may establish an area source 

category for oil and gas production wells located in any metropolitan statistical area or 

consolidated metropolitan statistical area with a population in excess of one million (1,000,000) 

if the Department determines that emissions of hazardous air pollutants from such wells present 

more than a negligible risk of adverse effects to public health. 

F. Nothing in this section shall be construed to limit authority established elsewhere in the 

Oklahoma Clean Air Act. 

Added by Laws 1992, c. 215, § 14, emerg. eff. May 15, 1992. Amended by Laws 1993, c. 145, § 51, eff. 

July 1, 1993. Renumbered from Title 63, § 1-1815 by Laws 1993, c. 145, § 359, eff. July 1, 1993. 

§27A-2-5-117. Civil actions - Injunctions - Abatement - Civil penalties. 

A. The Department shall have the authority to commence a civil action for a permanent or 

temporary injunction or other appropriate relief, or to require abatement of any emission or 

correction of any contamination, or to seek and recover a civil penalty of not more than Ten 

Thousand Dollars ($10,000.00) per day for each violation, or all of the above, in any of the 

following instances: 

1. Whenever any person has violated or is in violation of any applicable provision of the 

Oklahoma Clean Air Act, or any rule promulgated thereunder; 

2. Whenever any person has commenced construction, modification or operation of any 

source, or operates any source in violation of the requirement to have a permit, or violates or is in 

violation of any substantive provision or condition of any permit issued pursuant to the 

Oklahoma Clean Air Act; or 

3. Whenever any person has violated any order of the Department or the Council or any 

requirement to pay any fee, fine or penalty owed to the state pursuant to the Oklahoma Clean Air 

Act. 

B. The district attorney or attorneys having jurisdiction shall have primary authority and 

responsibility for prosecution of any civil or criminal violations under the Oklahoma Clean Air 

Act and for the collection of any delinquent fees, penalties or fines assessed pursuant to the 

Oklahoma Clean Air Act and shall be entitled to recover reasonable costs of collection, including 

attorney fees, and an appropriate fee of up to fifty percent (50%) for collecting delinquent fees, 

penalties or fines. 

Added by Laws 1992, c. 215, § 17, emerg. eff. May 15, 1992. Amended by Laws 1993, c. 145, § 54, eff. 

July 1, 1993. Renumbered from Title 63, § 1-1818 by Laws 1993, c. 145, § 359, eff. July 1, 1993. 
21 

OPEN RECORDS ACT

§51-24A.1. Short title. 

Section 24A.1 et seq. of this title shall be known and may be cited as the "Oklahoma Open 

Records Act". 

Added by Laws 1985, c. 355, § 1, eff. Nov. 1, 1985. Amended by Laws 1988, c. 68, § 1, eff. Nov. 1, 

1988; Laws 1988, c. 187, § 1, emerg. eff. June 6, 1988; Laws 1996, c. 247, § 41, eff. July 1, 1996; Laws 

1997, c. 2, § 10, emerg. eff. Feb. 26, 1997. 

NOTE: Laws 1996, c. 209, § 1 repealed by Laws 1997, c. 2, § 26, emerg. eff. Feb. 26, 1997. 

§51-24A.2. Public policy - Purpose of act. 

As the Oklahoma Constitution recognizes and guarantees, all political power is inherent in 

the people. Thus, it is the public policy of the State of Oklahoma that the people are vested with 

the inherent right to know and be fully informed about their government. The Oklahoma Open 

Records Act shall not create, directly or indirectly, any rights of privacy or any remedies for 

violation of any rights of privacy; nor shall the Oklahoma Open Records Act, except as 

specifically set forth in the Oklahoma Open Records Act, establish any procedures for protecting 

any person from release of information contained in public records. The purpose of this act is to 

ensure and facilitate the public's right of access to and review of government records so they may 

efficiently and intelligently exercise their inherent political power. The privacy interests of 

individuals are adequately protected in the specific exceptions to the Oklahoma Open Records 

Act or in the statutes which authorize, create or require the records. Except where specific state 

or federal statutes create a confidential privilege, persons who submit information to public 

bodies have no right to keep this information from public access nor reasonable expectation that 

this information will be kept from public access; provided, the person, agency or political 

subdivision shall at all times bear the burden of establishing such records are protected by such a 

confidential privilege. Except as may be required by other statutes, public bodies do not need to 

follow any procedures for providing access to public records except those specifically required 

by the Oklahoma Open Records Act. 

Added by Laws 1985, c. 355, § 2, eff. Nov. 1, 1985. Amended by Laws 1988, c. 187, § 2, emerg. eff. 

June 6, 1988. 

§51-24A.3. Definitions. 

As used in this act: 

1. "Record" means all documents, including, but not limited to, any book, paper, 

photograph, microfilm, data files created by or used with computer software, computer tape, 

disk, record, sound recording, film recording, video record or other material regardless of 

physical form or characteristic, created by, received by, under the authority of, or coming into 

the custody, control or possession of public officials, public bodies, or their representatives in 

connection with the transaction of public business, the expenditure of public funds or the 

administering of public property. "Record" does not mean: 

a. computer software, 

b. nongovernment personal effects, 
22 

c. unless public disclosure is required by other laws or regulations, vehicle 

movement records of the Oklahoma Transportation Authority obtained in 

connection with the Authority's electronic toll collection system, 

d. personal financial information, credit reports or other financial data 

obtained by or submitted to a public body for the purpose of evaluating 

credit worthiness, obtaining a license, permit, or for the purpose of 

becoming qualified to contract with a public body, 

e. any digital audio/video recordings of the toll collection and safeguarding 

activities of the Oklahoma Transportation Authority, 

f. any personal information provided by a guest at any facility owned or 

operated by the Oklahoma Tourism and Recreation Department or the 

Board of Trustees of the Quartz Mountain Arts and Conference Center and 

Nature Park to obtain any service at the facility or by a purchaser of a 

product sold by or through the Oklahoma Tourism and Recreation 

Department or the Quartz Mountain Arts and Conference Center and Nature 

Park, 

g. a Department of Defense Form 214 (DD Form 214) filed with a county 

clerk, including any DD Form 214 filed before the effective date of this act, 

or 

h. except as provided for in Section 2-110 of Title 47 of the Oklahoma 

Statutes, 

(1) any record in connection with a Motor Vehicle Report issued by the 

Department of Public Safety, as prescribed in Section 6-117 of Title 

47 of the Oklahoma Statutes, 

(2) personal information within driver records, as defined by the 

Driver’s Privacy Protection Act, 18 United States Code, Sections 

2721 through 2725, which are stored and maintained by the 

Department of Public Safety, or 

(3) audio or video recordings of the Department of Public Safety; 

2. "Public body" shall include, but not be limited to, any office, department, board, bureau, 

commission, agency, trusteeship, authority, council, committee, trust or any entity created by a 

trust, county, city, village, town, township, district, school district, fair board, court, executive 

office, advisory group, task force, study group, or any subdivision thereof, supported in whole or 

in part by public funds or entrusted with the expenditure of public funds or administering or 

operating public property, and all committees, or subcommittees thereof. Except for the records 

required by Section 24A.4 of this title, "public body" does not mean judges, justices, the Council 

on Judicial Complaints, the Legislature, or legislators; 

3. "Public office" means the physical location where public bodies conduct business or 

keep records; 

4. "Public official" means any official or employee of any public body as defined herein; 

and 

5. "Law enforcement agency" means any public body charged with enforcing state or local 

criminal laws and initiating criminal prosecutions, including, but not limited to, police 

departments, county sheriffs, the Department of Public Safety, the Oklahoma State Bureau of 

Narcotics and Dangerous Drugs Control, the Alcoholic Beverage Laws Enforcement 

Commission, and the Oklahoma State Bureau of Investigation. 
23 

Added by Laws 1985, c. 355, § 3, eff. Nov. 1, 1985. Amended by Laws 1987, c. 222, § 117, operative 

July 1, 1987; Laws 1988, c. 187, § 3, emerg. eff. June 6, 1988; Laws 1993, c. 39, § 1, eff. Sept. 1, 1993; 

Laws 1996, c. 209, § 2, eff. Nov. 1, 1996; Laws 1998, c. 315, § 4, emerg. eff. May 28, 1998; Laws 1998, 

c. 368, § 11, eff. July 1, 1998; Laws 2001, c. 355, § 1, emerg. eff. June 1, 2001; Laws 2002, c. 478, § 2, 

eff. July 1, 2002; Laws 2003, c. 3, § 42, emerg. eff. March 19, 2003; Laws 2004, c. 328, § 1, eff. July 1, 

2004; Laws 2005, c. 199, § 4, eff. Nov. 1, 2005. 

NOTE: Laws 2002, c. 293, § 3 repealed by Laws 2003, c. 3, § 43, emerg. eff. March 19, 2003. 

§51-24A.4. Record of receipts and expenditures.

In addition to other records which are kept or maintained, every public body and public 

official has a specific duty to keep and maintain complete records of the receipt and expenditure 

of any public funds reflecting all financial and business transactions relating thereto, except that 

such records may be disposed of as provided by law. 

Added by Laws 1985, c. 355, § 4, eff. Nov. 1, 1985. 

§51-24A.5. Inspection, copying and/or mechanical reproduction of records - Exemptions. 

All records of public bodies and public officials shall be open to any person for inspection, 

copying, or mechanical reproduction during regular business hours; provided: 

1. The Oklahoma Open Records Act, Sections 24A.1 through 24A.28 of this title, does not 

apply to records specifically required by law to be kept confidential including: 

a. records protected by a state evidentiary privilege such as the attorney-client 

privilege, the work product immunity from discovery and the identity of 

informer privileges, 

b. records of what transpired during meetings of a public body lawfully closed 

to the public such as executive sessions authorized under the Oklahoma 

Open Meeting Act, Section 301 et seq. of Title 25 of the Oklahoma 

Statutes, 

c. personal information within driver records as defined by the Driver’s 

Privacy Protection Act, 18 United States Code, Sections 2721 through 2725, 

or 

d. information in the files of the Board of Medicolegal Investigations obtained 

pursuant to Sections 940 and 941 of Title 63 of the Oklahoma Statutes that 

may be hearsay, preliminary unsubstantiated investigation-related findings, 

or confidential medical information. 

2. Any reasonably segregable portion of a record containing exempt material shall be 

provided after deletion of the exempt portions; provided however, the Department of Public 

Safety shall not be required to assemble for the requesting person specific information, in any 

format, from driving records relating to any person whose name and date of birth or whose driver 

license number is not furnished by the requesting person. 

The Oklahoma State Bureau of Investigation shall not be required to assemble for the requesting 

person any criminal history records relating to persons whose names, dates of birth, and other 

identifying information required by the Oklahoma State Bureau of Investigation pursuant to 

administrative rule are not furnished by the requesting person. 

3. Any request for a record which contains individual records of persons, and the cost of 

copying, reproducing or certifying each individual record is otherwise prescribed by state law, 
24 

the cost may be assessed for each individual record, or portion thereof requested as prescribed by 

state law. Otherwise, a public body may charge a fee only for recovery of the reasonable, direct 

costs of record copying, or mechanical reproduction. Notwithstanding any state or local 

provision to the contrary, in no instance shall the record copying fee exceed twenty-five cents 

($0.25) per page for records having the dimensions of eight and one-half (8 1/2) by fourteen (14) 

inches or smaller, or a maximum of One Dollar ($1.00) per copied page for a certified copy. 

However, if the request: 

a. is solely for commercial purpose, or 

b. would clearly cause excessive disruption of the essential functions of the 

public body, 

then the public body may charge a reasonable fee to recover the direct cost of record search and 

copying; however, publication in a newspaper or broadcast by news media for news purposes 

shall not constitute a resale or use of a record for trade or commercial purpose and charges for 

providing copies of electronic data to the news media for a news purpose shall not exceed the 

direct cost of making the copy. The fee charged by the Department of Public Safety for a copy 

in a computerized format of a record of the Department shall not exceed the direct cost of 

making the copy unless the fee for the record is otherwise set by law. 

Any public body establishing fees under this act shall post a written schedule of the fees at 

its principal office and with the county clerk. 

In no case shall a search fee be charged when the release of records is in the public interest, 

including, but not limited to, release to the news media, scholars, authors and taxpayers seeking 

to determine whether those entrusted with the affairs of the government are honestly, faithfully, 

and competently performing their duties as public servants. 

The fees shall not be used for the purpose of discouraging requests for information or as 

obstacles to disclosure of requested information. 

4. The land description tract index of all recorded instruments concerning real property 

required to be kept by the county clerk of any county shall be available for inspection or copying 

in accordance with the provisions of the Oklahoma Open Records Act; provided, however, the 

index shall not be copied or mechanically reproduced for the purpose of sale of the information. 

5. A public body must provide prompt, reasonable access to its records but may establish 

reasonable procedures which protect the integrity and organization of its records and to prevent 

excessive disruptions of its essential functions. 

6. A public body shall designate certain persons who are authorized to release records of 

the public body for inspection, copying, or mechanical reproduction. At least one person shall be 

available at all times to release records during the regular business hours of the public body. 

Added by Laws 1985, c. 355, § 5, eff. Nov. 1, 1985. Amended by Laws 1986, c. 213, § 1, emerg. eff. 

June 6, 1986; Laws 1986, c. 279, § 29, operative July 1, 1986; Laws 1988, c. 187, § 4, emerg. eff. June 6, 

1988; Laws 1992, c. 231, § 2, emerg. eff. May 19, 1992; Laws 1993, c. 97, § 7, eff. Sept. 1, 1993; Laws 

1996, c. 209, § 3, eff. Nov. 1, 1996; Laws 2000, c. 342, § 8, eff. July 1, 2000; Laws 2001, c. 137, § 1, 

emerg. eff. April 24, 2001; Laws 2005, c. 199, § 5, eff. Nov. 1, 2005; Laws 2006, c. 16, § 34, emerg. eff. 

March 29, 2006. 

NOTE: Laws 2005, c. 223, § 1 repealed by Laws 2006, c. 16, § 35, emerg. eff. March 29, 2006. 

§51-24A.6. Public body maintaining less than 30 hours of regular business per week - 

Inspection, copying or mechanical reproduction of records. 
25 

A. If a public body or its office does not have regular business hours of at least thirty (30) 

hours a week, the public body shall post and maintain a written notice at its principal office and 

with the county clerk where the public body is located which notice shall: 

1. Designate the days of the week when records are available for inspection, copying or 

mechanical reproduction; 

2. Set forth the name, mailing address, and telephone number of the individual in charge 

of the records; and 

3. Describe in detail the procedures for obtaining access to the records at least two days of 

the week, excluding Sunday. 

B. The person requesting the record and the person authorized to release the records of the 

public body may agree to inspection, copying, or mechanical reproduction on a day and at a time 

other than that designated in the notice. 

Added by Laws 1985, c. 355, § 6, eff. Nov. 1, 1985. 

§51-24A.7. Personnel records - Confidentiality - Inspection and copying. 

A. A public body may keep personnel records confidential: 

1. Which relate to internal personnel investigations including examination and selection 

material for employment, hiring, appointment, promotion, demotion, discipline, or resignation; 

or 

2. Where disclosure would constitute a clearly unwarranted invasion of personal privacy 

such as employee evaluations, payroll deductions, employment applications submitted by 

persons not hired by the public body, and transcripts from institutions of higher education 

maintained in the personnel files of certified public school employees; provided, however, that 

nothing in this subsection shall be construed to exempt from disclosure the degree obtained and 

the curriculum on the transcripts of certified public school employees. 

B. All personnel records not specifically falling within the exceptions provided in 

subsection A of this section shall be available for public inspection and copying including, but 

not limited to, records of: 

1. An employment application of a person who becomes a public official; 

2. The gross receipts of public funds; 

3. The dates of employment, title or position; and 

4. Any final disciplinary action resulting in loss of pay, suspension, demotion of position, 

or termination. 

C. Except as may otherwise be made confidential by statute, an employee of a public body 

shall have a right of access to his own personnel file. 

D. Public bodies shall keep confidential the home address, telephone numbers and social 

security numbers of any person employed or formerly employed by the public body. 

Added by Laws 1985, c. 355, § 7, eff. Nov. 1, 1985. Amended by Laws 1990, c. 257, § 6, emerg. eff. 

May 23, 1990; Laws 1994, c. 177, § 1, eff. Sept. 1, 1994; Laws 2005, c. 116, § 2, eff. Nov. 1, 2005. 

§51-24A.8. Law enforcement records - Disclosure. 

A. Law enforcement agencies shall make available for public inspection, if kept, the 

following records: 
26 

1. An arrestee description, including the name, date of birth, address, race, sex, physical 

description, and occupation of the arrestee; 

2. Facts concerning the arrest, including the cause of arrest and the name of the arresting 

officer; 

3. A chronological list of all incidents, including initial offense report information 

showing the offense, date, time, general location, officer, and a brief summary of what occurred; 

4. Radio logs, including a chronological listing of the calls dispatched; 

5. Conviction information, including the name of any person convicted of a criminal 

offense; 

6. Disposition of all warrants, including orders signed by a judge of any court 

commanding a law enforcement officer to arrest a particular person; 

7. A crime summary, including an agency summary of crimes reported and public calls for 

service by classification or nature and number; and 

8. Jail registers, including jail blotter data or jail booking information recorded on persons 

at the time of incarceration showing the name of each prisoner with the date and cause of 

commitment, the authority committing the prisoner, whether committed for a criminal offense, a 

description of the prisoner, and the date or manner of discharge or escape of the prisoner. 

B. Except for the records listed in subsection A of this section and those made open by 

other state or local laws, law enforcement agencies may deny access to law enforcement records 

except where a court finds that the public interest or the interest of an individual outweighs the 

reason for denial. 

C. Nothing contained in this section imposes any new recordkeeping requirements. Law 

enforcement records shall be kept for as long as is now or may hereafter be specified by law. 

Absent a legal requirement for the keeping of a law enforcement record for a specific time 

period, law enforcement agencies shall maintain their records for so long as needed for 

administrative purposes. 

D. Registration files maintained by the Department of Corrections pursuant to the 

provisions of the Sex Offenders Registration Act shall be made available for public inspection in 

a manner to be determined by the Department. 

E. The Council on Law Enforcement Education and Training (C.L.E.E.T.) shall keep 

confidential all records it maintains pursuant to Section 3311 of Title 70 of the Oklahoma 

Statutes and deny release of records relating to any employed or certified full-time officer, 

reserve officer, retired officer or other person; teacher lesson plans, tests and other teaching 

materials; and personal communications concerning individual students except under the 

following circumstances: 

1. To verify the current certification status of any peace officer; 

2. As may be required to perform the duties imposed by Section 3311 of Title 70 of the 

Oklahoma Statutes; 

3. To provide to any peace officer copies of the records of that peace officer upon 

submitting a written request; 

4. To provide, upon written request, to any law enforcement agency conducting an official 

investigation, copies of the records of any peace officer who is the subject of such investigation; 

5. To provide final orders of administrative proceedings where an adverse action was 

taken against a peace officer; and 

6. Pursuant to an order of the district court of the State of Oklahoma. 

F. The Department of Public Safety shall keep confidential: 
27 

1. All records it maintains pursuant to its authority under Title 47 of the Oklahoma 

Statutes relating to the Oklahoma Highway Patrol Division, the Communications Division, and 

other divisions of the Department relating to: 

a. training, lesson plans, teaching materials, tests, and test results, 

b. policies, procedures, and operations, any of which are of a tactical nature, 

and 

c. the following information from radio logs: 

(1) telephone numbers, 

(2) addresses other than the location of incidents to which officers are 

dispatched, and 

(3) personal information which is contrary to the provisions of the 

Driver’s Privacy Protection Act, 18 United States Code, Sections 

2721 through 2725; and 

2. For the purpose of preventing identity theft and invasion of law enforcement computer 

systems, except as provided in Title 47 of the Oklahoma Statutes, all driving records. 

Added by Laws 1985, c. 355, § 8, eff. Nov. 1, 1985. Amended by Laws 1989, c. 212, § 8, eff. Nov. 1, 

1989; Laws 2000, c. 349, § 2, eff. Nov. 1, 2000; Laws 2001, c. 5, § 29, emerg. eff. March 21, 2001; Laws 

2005, c. 199, § 6, eff. Nov. 1, 2005; Laws 2006, c. 16, § 36, emerg. eff. March 29, 2006; Laws 2009, c. 

36, § 1, eff. Nov. 1, 2009. 

NOTE: Laws 2000, c. 226, § 1 repealed by Laws 2001, c. 5, § 30, emerg. eff. March 21, 2001. Laws 

2005, c. 35, § 1 repealed by Laws 2006, c. 16, § 37, emerg. eff. March 29, 2006. 

§51-24A.9. Personal notes and personally created material - Confidentiality. 

Prior to taking action, including making a recommendation or issuing a report, a public 

official may keep confidential his or her personal notes and personally created materials other 

than departmental budget requests of a public body prepared as an aid to memory or research 

leading to the adoption of a public policy or the implementation of a public project. 

Added by Laws 1985, c. 355, § 9, eff. Nov. 1, 1985. 

§51-24A.10. Voluntarily supplied information - Records providing unfair competitive 

advantage - Department of Commerce, Department of Career and Technology Education, 

technology center school districts, and Oklahoma Film and Music Office records - Public 

utility records - Confidentiality - Disclosure. 

A. Any information, records or other material heretofore voluntarily supplied to any state 

agency, board or commission which was not required to be considered by that agency, board or 

commission in the performance of its duties may, within thirty (30) days from June 6, 1988, be 

removed from the files of such agency, board or commission by the person or entity which 

originally voluntarily supplied such information. Provided, after thirty (30) days from the 

effective date of this act, any information voluntarily supplied shall be subject to full disclosure 

pursuant to this act. 

B. If disclosure would give an unfair advantage to competitors or bidders, a public body may 

keep confidential records relating to: 

1. Bid specifications for competitive bidding prior to publication by the public body; or 

2. Contents of sealed bids prior to the opening of bids by a public body; or 

3. Computer programs or software but not data thereon; or 
28 

4. Appraisals relating to the sale or acquisition of real estate by a public body prior to award of a 

contract; or 

5. The prospective location of a private business or industry prior to public disclosure of such 

prospect except for records otherwise open to inspection such as applications for permits or 

licenses. 

C. Except as set forth hereafter, the Oklahoma Department of Commerce, the Oklahoma 

Department of Career and Technology Education, the technology center school districts, and the 

Oklahoma Film and Music Office may keep confidential: 

1. Business plans, feasibility studies, financing proposals, marketing plans, financial statements 

or trade secrets submitted by a person or entity seeking economic advice, business development 

or customized training from such Departments or school districts; 

2. Proprietary information of the business submitted to the Department or school districts for the 

purpose of business development or customized training, and related confidentiality agreements 

detailing the information or records designated as confidential; and 

3. Information compiled by such Departments or school districts in response to those 

submissions. 

The Oklahoma Department of Commerce, the Oklahoma Department of Career and Technology 

Education, the technology center school districts, and the Oklahoma Film and Music Office may 

not keep confidential that submitted information when and to the extent the person or entity 

submitting the information consents to disclosure. 

D. Although they must provide public access to their records, including records of the address, 

rate paid for services, charges, consumption rates, adjustments to the bill, reasons for adjustment, 

the name of the person that authorized the adjustment, and payment for each customer, public 

bodies that provide utility services to the public may keep confidential credit information, credit 

card numbers, telephone numbers, social security numbers, bank account information for 

individual customers, and utility supply and utility equipment supply contracts for any industrial 

customer with a connected electric load in excess of two thousand five hundred (2,500) kilowatts 

if public access to such contracts would give an unfair advantage to competitors of the customer; 

provided that, where a public body performs billing or collection services for a utility regulated 

by the Corporation Commission pursuant to a contractual agreement, any customer or individual 

payment data obtained or created by the public body in performance of the agreement shall not 

be a record for purposes of this act. 

Added by Laws 1985, c. 355, § 10, eff. Nov. 1, 1985. Amended by Laws 1988, c. 187, § 5, emerg. eff. 

June 6, 1988; Laws 1996, c. 209, § 4, eff. Nov. 1, 1996; Laws 2004, c. 186, § 1, emerg. eff. May 3, 2004; 

Laws 2006, c. 18, § 1, eff. Nov. 1, 2006; Laws 2007, c. 6, § 1, eff. Nov. 1, 2007; Laws 2008, c. 284, § 1, 

eff. Nov. 1, 2008; Laws 2009, c. 158, § 1, eff. Nov. 1, 2009; Laws 2010, c. 161, § 1. 

§51-24A.11. Library, archive or museum materials - Confidentiality. 

A. A public body may keep confidential library, archive, or museum materials donated to 

the public body to the extent of any limitations imposed as a condition of the donation and any 

information which would reveal the identity of an individual who lawfully makes a donation to 

or on behalf of a public body including, but not limited to, donations made through a foundation 

operated in compliance with Sections 5-145 and 4306 of Title 70 of the Oklahoma Statutes. 

B. If library, archive, or museum materials are donated to a public body and the donation 

may be claimed as a tax deduction, the public body may keep confidential any information 
29 

required as a condition of the donation except the date of the donation, the appraised value 

claimed for the donation, and a general description of the materials donated and their quantity. 

Added by Laws 1985, c. 355, § 11, eff. Nov. 1, 1985. Amended by Laws 1992, c. 231, § 3, emerg. eff. 

May 19, 1992. 

§51-24A.12. Litigation files and investigatory files of Attorney General, district or 

municipal attorney - Confidentiality. 

Except as otherwise provided by state or local law, the Attorney General of the State of 

Oklahoma and agency attorneys authorized by law, the office of the district attorney of any 

county of the state, and the office of the municipal attorney of any municipality may keep its 

litigation files and investigatory reports confidential. 

Added by Laws 1985, c. 355, § 12, eff. Nov. 1, 1985. Amended by Laws 1988, c. 187, § 6, emerg. eff. 

June 6, 1988. 

§51-24A.13. Federal records - Confidentiality. 

Records coming into the possession of a public body from the federal government or 

records generated or gathered as a result of federal legislation may be kept confidential to the 

extent required by federal law. 

Added by Laws 1985, c. 355, § 13, eff. Nov. 1, 1985. 

§51-24A.14. Personal communications relating to exercise of constitutional rights - 

Confidentiality. 

Except for the fact that a communication has been received and that it is or is not a 

complaint, a public official may keep confidential personal communications received by the 

public official from a person exercising rights secured by the Constitution of the State of 

Oklahoma or the Constitution of the United States. The public official's written response to this 

personal communication may be kept confidential only to the extent necessary to protect the 

identity of the person exercising the right. 

Added by Laws 1985, c. 355, § 14, eff. Nov. 1, 1985. 

§51-24A.15. Crop and livestock reports - Public warehouse financial statements - 

Confidentiality. 

A. The Division of Agricultural Statistics, Oklahoma Department of Agriculture, also 

known as the Oklahoma Crop and Livestock Reporting Service, may keep confidential crop and 

livestock reports provided by farmers, ranchers, and agribusinesses to the extent the reports 

individually identify the providers. 

B. The State Board of Agriculture is authorized to provide for the confidentiality of any 

financial statement filed pursuant to Section 9-22 of Title 2 of the Oklahoma Statutes. Copies of 

such financial statements may only be obtained upon written request to the Commissioner of 

Agriculture. 

Upon good cause shown, and at the discretion of the Commissioner of Agriculture, such 

financial statements may be released. 
30 

Added by Laws 1985, c. 355, § 15, eff. Nov. 1, 1985. Amended by Laws 1988, c. 259, § 14, emerg. eff. 

June 29, 1988. 

§51-24A.16. Educational records and materials - Confidentiality. 

A. Except as set forth in subsection B of this section, public educational institutions and 

their employees may keep confidential: 

1. Individual student records; 

2. Teacher lesson plans, tests and other teaching material; and 

3. Personal communications concerning individual students. 

B. If kept, statistical information not identified with a particular student and directory 

information shall be open for inspection and copying. "Directory information" includes a 

student's name, address, telephone listing, date and place of birth, major field of study, 

participation in officially recognized activities and sports, weight and height of members of 

athletic teams, dates of attendance, degrees and awards received, and the most recent previous 

educational institution attended by the student. Any educational agency or institution making 

public directory information shall give public notice of the categories of information which it has 

designated as directory information with respect to each student attending the institution or 

agency and shall allow a reasonable period of time after the notice has been given for a parent to 

inform the institution or agency that any or all of the information designated should not be 

released without prior consent of the parent or guardian or the student if the student is eighteen 

(18) years of age or older. 

C. A public school district may release individual student records for the current or 

previous school year to a school district at which the student was previously enrolled for 

purposes of evaluating educational programs and school effectiveness. 

Added by Laws 1985, c. 355, § 16, eff. Nov. 1, 1985. Amended by Laws 1986, c. 116, § 1, emerg. eff. 

April 9, 1986; Laws 2003, c. 430, § 1, eff. July 1, 2003. 

§51-24A.17. Violations - Penalties - Civil liability. 

A. Any public official who willfully violates any provision of the Oklahoma Open 

Records Act, upon conviction, shall be guilty of a misdemeanor, and shall be punished by a fine 

not exceeding Five Hundred Dollars ($500.00) or by imprisonment in the county jail for a period 

not exceeding one (1) year, or by both such fine and imprisonment. 

B. Any person denied access to records of a public body or public official: 

1. May bring a civil suit for declarative or injunctive relief, or both, but such civil suit 

shall be limited to records requested and denied prior to filing of the civil suit; and 

2. If successful, shall be entitled to reasonable attorney fees. 

C. If the public body or public official successfully defends a civil suit and the court finds 

that the suit was clearly frivolous, the public body or public official shall be entitled to 

reasonable attorney fees. 

D. A public body or public official shall not be civilly liable for damages for providing 

access to records as allowed under the Oklahoma Open Records Act. 

Added by Laws 1985, c. 355, § 17, eff. Nov. 1, 1985. Amended by Laws 2005, c. 199, § 7, eff. Nov. 1, 

2005. 

§51-24A.18. Additional recordkeeping not required. 
31 

Except as may be required in Section 24A.4 of this title, this act does not impose any 

additional recordkeeping requirements on public bodies or public officials. 

Added by Laws 1985, c. 355, § 18, eff. Nov. 1, 1985. Amended by Laws 2005, c. 199, § 8, eff. Nov. 1, 

2005. 

§51-24A.19. Research records - Confidentiality. 

In addition to other records that a public body may keep confidential pursuant to the 

provisions of the Oklahoma Open Records Act, a public body may keep confidential: 

1. Any information related to research, the disclosure of which could affect the conduct or 

outcome of the research, the ability to patent or copyright the research, or any other proprietary 

rights any entity may have in the research or the results of the research including, but not limited 

to, trade secrets and commercial or financial information obtained from an entity financing or 

cooperating in the research, research protocols, and research notes, data, results, or other 

writings about the research; and 

2. The specific terms and conditions of any license or other commercialization agreement 

relating to state owned or controlled technology or the development, transfer, or 

commercialization of the technology. Any other information relating to state owned or 

controlled technology or the development, transfer, or commercialization of the technology 

which, if disclosed, will adversely affect or give other persons or entities an advantage over 

public bodies in negotiating terms and conditions for the development, transfer, or 

commercialization of the technology. However, institutions within The Oklahoma State System 

of Higher Education shall: 

a. report to the Oklahoma State Regents for Higher Education as requested, on 

forms provided by the Regents, research activities funded by external 

entities or the institutions, the results of which have generated new 

intellectual property, and 

b. report to the Oklahoma State Regents for Higher Education annually on 

forms provided: 

(1) expenditures for research and development supported by the 

institution, 

(2) any financial relationships between the institution and private 

business entities, 

(3) any acquisition of an equity interest by the institution in a private 

business, 

(4) the receipt of royalty or other income related to the sale of products, 

processes, or ideas by the institution or a private business entity with 

which the institution has established a financial arrangement, 

(5) the gains or losses upon the sale or other disposition of equity 

interests in private business entities, and 

(6) any other information regarding technology transfer required by the 

Oklahoma State Regents for Higher Education. 

The reports required in subparagraphs a and b of this paragraph shall not be deemed 

confidential and shall be subject to full disclosure pursuant to the Oklahoma Open Records Act. 

Added by Laws 1988, c. 68, § 2, eff. Nov. 1, 1988. Amended by Laws 1999, c. 287, § 1, emerg. eff. May 

27, 1999. 
32 

§51-24A.20. Records in litigation or investigation file - Access. 

Access to records which, under the Oklahoma Open Records Act, would otherwise be 

available for public inspection and copying, shall not be denied because a public body or public 

official is using or has taken possession of such records for investigatory purposes or has placed 

the records in a litigation or investigation file. However, a law enforcement agency may deny 

access to a copy of such a record in an investigative file if the record or a true and complete copy 

thereof is available for public inspection and copying at another public body. 

Added by Laws 1988, c. 187, § 7, emerg. eff. June 6, 1988. 

§51-24A.21. Increment district reports - Exemption from copying fees. 

The fees that may be charged by a public body pursuant to the provisions of paragraph 3 of 

Section 24A.5 of Title 51 of the Oklahoma Statutes shall not be charged when a state agency or 

taxing entity located within the boundaries of any district created pursuant to the provisions of 

the Local Development Act request a copy of the reports required by subsections A and B of 

Section 18 of this act. 

Added by Laws 1992, c. 342, § 21. 

§51-24A.22. Public utilities - Confidential books, records and trade secrets. 

A. The Corporation Commission shall keep confidential those records of a public utility, 

its affiliates, suppliers and customers which the Commission determines are confidential books 

and records or trade secrets. 

B. As used in this section, "public utility" means any entity regulated by the Corporation 

Commission, owning or operating for compensation in this state equipment or facilities for: 

1. Producing, generating, transmitting, distributing, selling or furnishing electricity; 

2. The conveyance, transmission, or reception of communication over a telephone system; 

or 

3. Transmitting directly or indirectly or distributing combustible hydrocarbon natural or 

synthetic natural gas for sale to the public. 

Added by Laws 1994, c. 315, § 12, eff. July 1, 1994. 

§51-24A.25. Order of court for removal of materials from public record. 

Any order of the court for removal of materials from the public record shall require 

compliance with the provisions of paragraphs 2 through 7 of subsection C of Section 3226 of 

Title 12 of the Oklahoma Statutes. 

Added by Laws 2000, c. 172, § 4, eff. Nov. 1, 2000. 

§51-24A.26. Intergovernmental self-insurance pools. 

An intergovernmental self-insurance pool may keep confidential proprietary information, 

such as actuarial reports, underwriting calculations, rating information and records that are 
33 

created based on conclusions of such information that are developed through the operation of the 

intergovernmental self-insurance pool. 

Added by Laws 2000, c. 226, § 2, eff. Nov. 1, 2000. 

NOTE: Editorially renumbered from § 24A.25 of this title to avoid duplication in numbering. 

§51-24A.27. Vulnerability assessments of critical assets in water and wastewater systems. 

A. Any state environmental agency or public utility shall keep confidential vulnerability 

assessments of critical assets in both water and wastewater systems. State environmental 

agencies or public utilities may use the information for internal purposes or allow the 

information to be used for survey purposes only. The state environmental agencies or public 

utilities shall allow any public body to have access to the information for purposes specifically 

related to the public bodies function. 

B. For purposes of this section: 

1. “State environmental agencies” includes the: 

a. Oklahoma Water Resources Board, 

b. Oklahoma Corporation Commission, 

c. State Department of Agriculture, 

d. Oklahoma Conservation Commission, 

e. Department of Wildlife Conservation, 

f. Department of Mines, and 

g. Department of Environmental Quality; 

2. “Public Utility” means any individual, firm, association, partnership, corporation or 

any combination thereof, municipal corporations or their lessees, trustees and receivers, owning 

or operating for compensation in this state equipment or facilities for: 

a. producing, generating, transmitting, distributing, selling or furnishing 

electricity, 

b. the conveyance, transmission, reception or communications over a 

telephone system, 

c. transmitting directly or indirectly or distributing combustible hydrocarbon 

natural or synthetic natural gas for sale to the public, or 

d. the transportation, delivery or furnishing of water for domestic purposes or 

for power. 

Added by Laws 2003, c. 166, § 1, emerg. eff. May 5, 2003. 
1 

TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY

CHAPTER 100. AIR POLLUTION CONTROL

SUBCHAPTER 1. GENERAL PROVISIONS

252:100-1-3. Definitions 

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

meaning, unless the context clearly indicates otherwise or unless defined specifically for a 

Subchapter, section, or subsection in the Subchapter, section, or subsection. 

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

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

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

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

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

contributing to emission of air contaminants. Without limiting the generality of the foregoing, 

this term includes all types of business, commercial and industrial plants, works, shops and 

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

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

purpose a significant reduction in: 

(A) the emission of air contaminants, or 

(B) the effect of such emission. 

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

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

atmospheric stagnation, without vertical or horizontal ventilation. This occurs when there is a 

high pressure air mass over an area, a low wind speed and there is a temperature inversion. Other 

factors such as humidity may also affect the episode conditions. 

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

as codified in OAC 252:100-3. 

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

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

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

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

systems. 

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

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

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

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

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

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

"Carbon dioxide equivalent emissions" or "CO2e" means an amount of GHG emitted, and 

shall be computed by multiplying the mass amount of emissions, for each of the six greenhouse 

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

Table A-1 to subpart A of 40 CFR Part 98 B- Global Warming Potentials, and summing the 

resultant value for each to compute a CO2e. For purposes of the definitions of "subject to 

regulation" in OAC 252:100-8-2 and 252:100-8-31, prior to July 21, 2014, the mass of the 

greenhouse gas carbon dioxide shall not include carbon dioxide emissions resulting from the 

combustion or decomposition of non-fossilized and biodegradable organic material originating 
2 

from plants, animals, or micro-organisms (including products, by-products, residues and waste 

from agriculture, forestry and related industries, as well as the non-fossilized and biodegradable 

organic fractions of industrial and municipal wastes, including gases and liquids recovered from 

the decomposition of non-fossilized and biodegradable organic material).

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

fractionating towers which is used to convert certain petroleum fractions into more valuable 

products by passing the material through or commingled with a bed of catalyst in the reactor. 

Coke deposits produced on the catalyst during cracking are removed by burning off in the 

regenerator. 

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

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

the mass of the material burned or to be burned. 

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

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

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

"Commencement of operation" or "commencing operation" means the owner or operator 

of the stationary source has begun, or caused to begin, emitting a regulated air pollutant from any 

activity for which the stationary source is designed and/or permitted.

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

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

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

any additional information. 

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

installation of a source. 

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

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

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

direct contact with the material being processed or heated. 

"Division" means Air Quality Division, Oklahoma State Department of Environmental 

Quality. 

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

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

industrial processes. 

"EPA" means the United States Environmental Protection Agency. 

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

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

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

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

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

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

these rules. 

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

conditions: 

(A) Are under common control. 

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

(C) Have the same two-digit primary SIC Code (as described in the Standard Industrial 
3 

Classification Manual, 1987). 

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

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

requirements within any applicable State implementation plan, any permit requirements 

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

subpart I, including operating permits issued under an EPA-approved program that is 

incorporated into the State implementation plan and expressly requires adherence to any permit 

issued under such program. 

"Fossil fuel" means natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel 

derived from such material.

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

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

heat or power. 

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

a stack or chimney. 

"Fugitive emissions" means, unless specifically defined otherwise, those emissions which 

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

opening. 

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

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

calcination, or chemical reaction when these processes create airborne particles. 

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

preparation, cooking and consumption of food. 

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

the aggregate group of six greenhouse gases: carbon dioxide (CO2), nitrous oxide (N2O), 

methane (CH4), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride 

(SF6). 

"Gross particulate matter" or "GPM" means particulate matter with an aerodynamic 

diameter greater than 10 micrometers. 

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

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

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

and complete within a reasonable time a continuous program of construction or modification 

prior to the compliance date for installation as specified by the applicable regulation. 

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

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

the solid residues contain little or no combustible material. 

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

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

"Installation" means an identifiable piece of process equipment. 

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

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

applied to a modification, means the lowest achievable emissions rate for the new or modified 

emissions units within a stationary source. In no event shall the application of LAER allow a 

proposed new or modified stationary source to emit any pollutant in excess of the amount 

allowable under applicable standard of performance for the new source. 
4 

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

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

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

limitations are not achievable, or 

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

such class or category of stationary sources. 

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

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

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

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

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

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

malfunctions. 

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

uncombined water. 

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

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

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

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

changes; and, 

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

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

design capacity of the source; 

(ii) an increase in hours of operation; 

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

this part becomes applicable to such source the affected facility is designed to 

accommodate such alternative use. 

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

those standards found in 40 CFR Parts 61 and 63. 

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

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

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

amount of air contaminant emissions is increased. 

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

CFR Part 60. 

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

as defined in 40 CFR 60.754. 

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

obscure the view of an object in the background. 

"Open burning" means the burning of combustible materials in such a manner that the 

products of combustion are emitted directly to the outside atmosphere. 

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

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

a source. 

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

permits covering a Part 70 source that is issued, renewed, amended, or revised pursuant to this 
5 

Chapter. 

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

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

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

"PM-10 PM10 emissions" means particulate matter emitted to the ambient air with an 

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

or an equivalent or alternative method. 

"PM-10 PM10" means particulate matter with an aerodynamic diameter of 10 micrometers 

or less. 

"PM-2.5 PM2.5" means particulate matter with an aerodynamic diameter of 2.5 micrometers 

or less. 

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

liquid or a solid. 

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

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

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

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

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

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

part of its design if the limitation or the effect it would have on emissions is enforceable. 

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

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

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

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

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

any discharge of air contaminants into the open air, but not including that equipment specifically 

defined as fuel-burning equipment, or refuse-burning equipment. 

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

including solid fuels, but excluding liquids and gases used solely as fuels, and excluding air 

introduced for the purposes of combustion. Process weight rate means a rate established as 

follows: 

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

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

number of hours of such period or portion thereof. 

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

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

operation during such period. 

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

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

results in the minimum value for allowable emission shall apply. 

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

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

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

ambient air quality standard; 

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

(C) Alternative means of providing for attainment and maintenance of such standard. 
6 

"Reconstruction" means 

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

determined by the Executive Director based on: 

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

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

comparable entirely new source); 

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

of an entirely new source; and, 

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

emissions from the source. 

(B) a reconstructed source will be treated as a new source for purposes of OAC 

252:100-8, Part 9. 

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

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

unfinished petroleum derivatives. 

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

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

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

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

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

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

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

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

wastes by burning. 

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

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

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

limitation or equipment standard is set by an enforceable permit. 

"Responsible official" means one of the following: 

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

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

similar policy or decision-making functions for the corporation, or a duly authorized 

representative of such person if the representative is responsible for the overall 

production, or operating facilities applying for or subject to a permit and either: 

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

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

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

the DEQ; 

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

respectively; 

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

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

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

having responsibility for the overall operations of a principal geographic unit of the 

agency (e.g., a Regional Administrator of EPA); or 

(D) For affected sources: 
7 

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

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

concerned; and 

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

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

pollution control equipment. 

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

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

quantity to be observable. 

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

which operation: 

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

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

fuel; and, 

(B) is not an air pollution abatement operation. 

"Stack" means, unless specifically defined otherwise, any chimney, flue, duct, conduit, 

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

emissions to the atmosphere. 

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

and a gas pressure of 14.7 pounds per square inch absolute. 

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

pollution control equipment. 

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

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

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

"Total Suspended Particulates" or "TSP" means particulate matter as measured by the 

high-volume method described in Appendix B of 40 CFR Part 50. 

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

increases with height and the cool heavy air below is trapped by the warmer air above and 

cannot rise. 

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

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

human eye. 

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

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

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

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

photochemical reactivity and are not considered to be VOC. 


TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY

CHAPTER 100. AIR POLLUTION CONTROL

SUBCHAPTER 1. GENERAL PROVISIONS

252:100-1-3. Definitions

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

unless the context clearly indicates otherwise or unless defined specifically for a Subchapter,

section, or subsection in the Subchapter, section, or subsection.

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

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

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

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

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

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

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

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

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

a significant reduction in:

(A) the emission of air contaminants, or

(B) the effect of such emission.

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

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

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

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

humidity may also affect the episode conditions.

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

as codified in OAC 252:100-3.

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

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

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

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

systems.

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

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

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

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

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

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

"Carbon dioxide equivalent emissions" or "CO2e" means an amount of GHG emitted, and

shall be computed by multiplying the mass amount of emissions, for each of the six greenhouse

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

Table A-1 to subpart A of 40 CFR Part 98 B- Global Warming Potentials, and summing the

resultant value for each to compute a CO2e. For purposes of the definitions of "subject to

regulation" in OAC 252:100-8-2 and 252:100-8-31, prior to July 21, 2014, the mass of the

greenhouse gas carbon dioxide shall not include carbon dioxide emissions resulting from the

combustion or decomposition of non-fossilized and biodegradable organic material originating

12Jan_SC1_RUL.wpd 1 December 12, 2011
from plants, animals, or micro-organisms (including products, by-products, residues and waste

from agriculture, forestry and related industries, as well as the non-fossilized and biodegradable

organic fractions of industrial and municipal wastes, including gases and liquids recovered from

the decomposition of non-fossilized and biodegradable organic material).

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

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

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

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

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

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

of the material burned or to be burned.

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

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

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

"Commencement of operation" or "commencing operation" means the owner or operator

of the stationary source has begun, or caused to begin, any activity which has the potential to emit

any regulated air pollutant for which the stationary source is designed and permitted.

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

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

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

additional information.

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

installation of a source.

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

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

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

contact with the material being processed or heated.

"Division" means Air Quality Division, Oklahoma State Department of Environmental

Quality.

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

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

industrial processes.

"EPA" means the United States Environmental Protection Agency.

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

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

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

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

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

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

rules.

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

(A) Are under common control.

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

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

Classification Manual, 1987).

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

12Jan_SC1_RUL.wpd 2 December 12, 2011
Administrator, including those requirements developed pursuant to 40 CFR Parts 60 and 61,

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

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

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

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

program.

"Fossil fuel" means natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel

derived from such material.

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

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

power.

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

a stack or chimney.

"Fugitive emissions" means, unless specifically defined otherwise, those emissions which

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

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

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

chemical reaction when these processes create airborne particles.

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

preparation, cooking and consumption of food.

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

the aggregate group of six greenhouse gases: carbon dioxide (CO2), nitrous oxide (N2O), methane

(CH4), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6).

"Gross particulate matter" or "GPM" means particulate matter with an aerodynamic

diameter greater than 10 micrometers.

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

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

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

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

the compliance date for installation as specified by the applicable regulation.

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

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

the solid residues contain little or no combustible material.

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

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

"Installation" means an identifiable piece of process equipment.

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

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

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

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

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

applicable standard of performance for the new source.

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

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

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

not achievable, or

12Jan_SC1_RUL.wpd 3 December 12, 2011
(B) LAER means the most stringent emissions limitation which is achieved in practice

by such class or category of stationary sources.

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

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

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

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

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

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

malfunctions.

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

uncombined water.

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

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

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

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

changes; and,

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

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

operating design capacity of the source;

(ii) an increase in hours of operation;

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

this part becomes applicable to such source the affected facility is designed to

accommodate such alternative use.

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

standards found in 40 CFR Parts 61 and 63.

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

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

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

of air contaminant emissions is increased.

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

Part 60.

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

as defined in 40 CFR 60.754.

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

the view of an object in the background.

"Open burning" means the burning of combustible materials in such a manner that the

products of combustion are emitted directly to the outside atmosphere.

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

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

a source.

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

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

Chapter.

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

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

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

12Jan_SC1_RUL.wpd 4 December 12, 2011
"PM-10 PM10 emissions" means particulate matter emitted to the ambient air with an

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

an equivalent or alternative method.

"PM-10 PM10" means particulate matter with an aerodynamic diameter of 10 micrometers or

less.

"PM-2.5 PM2.5" means particulate matter with an aerodynamic diameter of 2.5 micrometers

or less.

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

liquid or a solid.

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

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

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

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

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

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

part of its design if the limitation or the effect it would have on emissions is enforceable.

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

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

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

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

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

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

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

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

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

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

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

of hours of such period or portion thereof.

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

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

operation during such period.

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

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

in the minimum value for allowable emission shall apply.

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

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

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

ambient air quality standard;

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

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

"Reconstruction" means 

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

determined by the Executive Director based on:

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

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

12Jan_SC1_RUL.wpd 5 December 12, 2011
comparable entirely new source);

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

of an entirely new source; and,

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

emissions from the source.

(B) a reconstructed source will be treated as a new source for purposes of OAC

252:100-8, Part 9.

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

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

unfinished petroleum derivatives.

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

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

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

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

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

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

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

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

by burning.

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

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

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

limitation or equipment standard is set by an enforceable permit.

"Responsible official" means one of the following:

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

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

similar policy or decision-making functions for the corporation, or a duly authorized

representative of such person if the representative is responsible for the overall production,

or operating facilities applying for or subject to a permit and either:

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

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

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

the DEQ;

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

respectively;

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

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

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

officer having responsibility for the overall operations of a principal geographic unit of the

agency (e.g., a Regional Administrator of EPA); or

(D) For affected sources:

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

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

concerned; and

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

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

12Jan_SC1_RUL.wpd 6 December 12, 2011
pollution control equipment.

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

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

to be observable.

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

which operation:

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

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

fuel; and,

(B) is not an air pollution abatement operation.

"Stack" means, unless specifically defined otherwise, any chimney, flue, duct, conduit,

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

emissions to the atmosphere.

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

and a gas pressure of 14.7 pounds per square inch absolute.

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

control equipment.

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

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

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

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

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

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

rise.

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

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

human eye.

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

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

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

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

photochemical reactivity and are not considered to be VOC.

12Jan_SC1_RUL.wpd 7 December 12, 2011
















2-5_SC 1 COMMRESP 1 January 12, 2012 

SUMMARY OF COMMENTS AND STAFF RESPONSES 

FOR PROPOSED REVISION TO 

OAC 252:100-1. GENERAL PROVISIONS 

COMMENTS RECEIVED PRIOR TO THE OCTOBER 5, 2011 

AIR QUALITY ADVISORY COUNCIL MEETING 

Written Comments 

Oklahoma Independent Petroleum Association (OIPA) - Letter received by email on 

September 28, 2011 from Ms. Angie Burckhalter, V.P. of Regulatory Affairs: 

1. COMMENT DEQ proposes to define the term "commencement of operation" or 

"commencing operation" in OAC 252:100-1-3 to mean that "the owner or operator of a 

stationary source has begun, or caused to begin, any activity which has the potential to emit 

any regulated air pollutant." This would means the 60-day period provided by OAC 

252:100-7-18(a)(1) for applying for an operating permit after start of operation would begin 

as soon as a single emitting source was installed at a minor facility even though the site was 

not completely constructed. This is very problematic at oil and gas production sites during 

the completion process when a single or a few emitting source(s) may be constructed; 

however, the site has not been fully constructed until the potential of a well has been 

determined. The 60-day period to submit a minor source operating permit would not be 

adequate for the oil and gas industry and it will unnecessarily increase the paperwork for 

both operators of the facility and DEQ staff in amending operating permits and/or 

applications. This would also be problematic at non-production sites where there is phased 

construction, which is very common in our industry. We request DEQ delay the approval of 

any amendments to Subchapter 1 until the DEQ staff can address the issues identified in 

Subchapter 7. This would allow the regulated community the opportunity to evaluate a 

complete rulemaking package that includes amendments to Subchapter 1 and Subchapter 7. 

RESPONSE: The DEQ staff is considering a revision to OAC 252:100-7-18(a)(1) that 

would increase the 60-day period to 120 days and intends to ask the Council to continue the 

hearing on the proposed changes to OAC 252:100-1-3 so that the proposed revisions to 

Subchapters 1 and 7 would occur at the same time. Further consideration will be given to 

the definition of "commencement of operation" or "commencing operation," taking into 

account comments received prior to and at the Council meeting. 

RESPONSE UPDATED JANUARY 3, 2011: At the October 5, 2011 meeting, the Air Quality Advisory Council continued 

the hearing on the proposed revisions to Subchapter 1 to the January 18, 2012 meeting. For 

consideration at the January 2012 meeting, DEQ has proposed revisions to the definition of 

"commencement of operation" and an extension of the 60-day period for applying for an 

operating permit to 180 days after the commencement of operation. This is consistent with 

the time period allowed for Part 70 sources in Subchapter 8. 

United States Environmental Protection Agency (EPA) - Letter received by email on 

September 28, 2011 from Mr. Jeff Robinson, Chief, Air Permits Section: 
2-5_SC 1 COMMRESP 2 January 12, 2012 

2. COMMENT: The DEQ needs to clarify the intent of the proposed definition of 

"commencement of operation" and whether it specifically refers to Title V permitting only. 

RESPONSE: Staff intends that the definition of "commencement of operation" or 

"commencing operation" apply to the whole of OAC 252:100. 

3. COMMENT: The proposed definition appears in Subchapters 1 and 8 that refer to both 

operating permits and construction permits which can be confusing to the reader. 

RESPONSE: DEQ is proposing to add a definition for the term "commencement of 

operation" or "commencing operation" to OAC 252:100-1-3 only and not to Subchapter 8. 

It is true that these two Subchapters apply to both operating and construction permit 

programs, but the proposed definition clearly applies to operation. Sections OAC 

252:100-1-3, 252:100-7-1.1, 252:100-8-31, and 252:100-8-51 in the existing Air Pollution 

Control Rules all contain definitions for the term "commence", but in each definition it is 

clear that the term "commence" refers only to commence construction and not to commence 

operation. Oklahoma's SIP approved Air Pollution Control Rules 1.4.4(b)(9), 1.4.5(b)(10) 

and OAC 252:100-8-1.1 also contain definitions of "commence" but again it is clear in each 

definition that it applies only to construction. 

4. COMMENT: DEQ should clarify that the proposed revisions will be limited to EPA's SIP 

review process and will not be submitted to EPA as separate Title V program revisions. 

RESPONSE: Upon promulgation, staff intends to forward this proposed revision to 

Subchapter 1 to EPA as a SIP revision. However, if EPA requires that the Title V 

Implementation Plan be updated, this revision may also be forwarded to EPA at a later date 

as a revision to the Title V Implementation Plan. However, the SIP revision is not intended 

to serve as a Title V Implementation Plan revision. 

Chesapeake Energy - Letter received by email on October 3, 2011 from Jimmie Hammontree, 

Manager, Regulatory Affairs: 

5. COMMENT: The proposed definition of "commencement of operation" or "commencing 

operation" in combination with existing paragraph OAC 252:100-7-18(a)(1) would require 

the operator to apply for the operating permit within 60 days of initial production even 

through the the site might not be fully constructed for several more weeks or months as the 

well is tested and its operational capacity determined. Once the operational capacity is 

determined, the operator will complete construction of the facility and apply for an operating 

permit. Chesapeake requests that DEQ delay the approval of the proposed changes to 

Subchapter 1 until the timing issue in Subchapter 7 can be addressed simultaneously. 

RESPONSE: The DEQ staff is considering a revision to OAC 252:100-7-18(a)(1) that 

would increase the 60-day period to 120 days and intends to ask the Council to continue the 

hearing on the proposed changes to OAC 252:100-1-3 so that the proposed revisions to 

Subchapters 1 and 7 would occur at the same time. Further consideration will be given to 

the definition of "commencement of operation" or "commencing operation," taking into 
2-5_SC 1 COMMRESP 3 January 12, 2012 

account comments received prior to and at the Council meeting. 

RESPONSE UPDATED JANUARY 3, 2011: At their October 5, 2011 meeting, the Air Quality Advisory Council 

continued the hearing on the proposed revisions to Subchapter 1 to the January 18, 2012 

meeting. For consideration at the January 2012 meeting, DEQ has proposed revisions to 

the definition of "commencement of operation" and an extension of the 60-day period for 

applying for an operating permit to 180 days after the commencement of operation. This is 

consistent with the time period allowed for Part 70 sources in Subchapter 8. 

COMMENTS RECEIVED PRIOR TO THE JANUARY 18, 2012 

AIR QUALITY ADVISORY COUNCIL MEETING 

Written Comments 

No new written comments have been received as of January 12, 2012. 
3555 N.W. 58th Street, Suite 400, Oklahoma City, OK 73112

Telephone 405-942-2334 Fax 405-942-4636 Toll Free 1-800-838-6472

OKLAHOMA INDEPENDENT PETROLEUM ASSOCIATION

September 28, 2011 

Mr. Eddie Terrill, Director 

Air Quality Division

Oklahoma Department of Environmental Quality 

707 N. Robinson 

Oklahoma City, OK 73101 

Re: ODEQ’s Proposed Rulemaking Regarding OAC 252:100-1-3 (New Definition of 

“Commencement of Operation” or “Commencing Operation”) 

Dear Mr. Terrill: 

The Oklahoma Independent Petroleum Association is providing comments in regards to 

the Oklahoma Department of Environmental Quality’s (ODEQ’s) proposed new 

definition of “Commencement of Operation” or “Commencing Operation” in OAC 

252:100-1-3. 

 

We appreciate the opportunity to provide input into ODEQ’s rulemaking process, and 

submit the following comments for your consideration. 

ODEQ is proposing a new definition in OAC 252:100-1-3 for “Commencement of 

Operation” or “Commencing Operation” which is as follows: 

"Commencement of operation" or "commencing operation" means the owner or 

operator of the stationary source has begun, or caused to begin, any [emphasis 

added] activity which has the potential to emit any regulated air pollutant.

OAC 252:100-7-18(a)(1) provides that: 

“No person shall cause or authorize the operation of a new minor facility for 

more than a 60-day period [emphasis added] without applying for a DEQ-issued 

air quality operating permit.”

The proposed new definition of “commencement of operation” specifically includes the 

term “any activity” which means the 60-day “clock” to obtain an operating permit would 

begin as soon as a single emitting source was installed at a minor source facility being 

constructed even though the site was not completely “constructed”. 

This is very problematic at oil and gas production sites during the completion process 

when a single or a few emitting source(s) may be constructed; however, the site has not 

been fully constructed until the potential of a well has been determined. The 60-day 

period to submit a minor source operating permit provided in OAC 252:100-7-
2 

18(a)(1) would not be adequate for our industry and it will unnecessarily increase the 

paperwork for both operators of the facility and ODEQ staff in amending operating 

permits and/or applications. This would also be problematic at non-production sites 

where there is phased construction, which is very common in our industry. 

We request ODEQ delay the approval of any amendments to Subchapter 1 until the 

ODEQ staff can address the issues identified in Subchapter 7. This would allow the 

regulated community the opportunity to evaluate a complete rulemaking package that 

includes amendments to Subchapter 1 and Subchapter 7. 

Again, we appreciate the opportunity to provide comments on ODEQ’s proposed 

rulemaking. Thank you in advance for your consideration of these matters. 

Sincerely, 

Angie Burckhalter 

V.P. of Regulatory Affairs 

cc: Rob Singletary, ODEQ 

 




Permanent Final Adoptions

(16) Modification of or addition to an existing permitted

municipal wastewater treatment system (including sewer

line extensions).

(17) Modification of or addition to an existing permitted

public water supply treatment and/or distribution system

(including line extensions).

(18) Modification of or addition to an existing permitted

water reuse treatment and/or distribution system (including line extensions).

(18 19) Modification of or addition to an existing permitted industrial non-discharging impoundment, industrial

septic tank system, and/or industrial wastewater treatment

system.

(19 20) Modification of an approved pretreatment program.

(20 21) Administrative amendment of permits or other

authorizations for the correction of administrative or typographical errors.

(21 22) New, modified or renewed individual categorical

or significant industrial user pretreatment permit.

(22 23) Modification of or addition of impoundment(s)

to an existing permitted industrial wastewater treatment

system.

252:4-7-74. Water quality applications - Tier II

The following water quality authorizations require Tier II

applications.

(1) Permit to construct a new municipal wastewater

treatment, and/or collection system, excluding line extensions.

(2) Permit to construct a new public water supply

treatment and/or distribution system, excluding water line

extensions.

(3) Permit to construct a new water reuse treatment

and/or distribution system, excluding line extensions.

(3 4) New discharge permit for minor facility.

(4 5) Individual storm water permit.

(5 6) New permit for industrial non-discharging impoundment, industrial septic tank, or industrial wastewater

system.

(6 7) New individual permit for land application of

sludge, biosolids and/or wastewaterreclaimed water.

(7 8) Permit renewal for a facility with expiring discharge permit.

(8 9) Permit renewal for a facility with expiring individual storm water discharge permit.

(9 10) Variance including thermal components of effluent limitations for an individual discharge permit.

(10 11) Major modification of discharge permit.

(11 12) Modification of an individual industrial permit

for land application of sludge and/or wastewater.

(12 13) New, modified or renewed general permit.

[OAR Docket #12-734; filed 5-25-12]

TITLE 252. DEPARTMENT OF

ENVIRONMENTAL QUALITY

CHAPTER 100. AIR POLLUTION CONTROL

[OAR Docket #12-650]

RULEMAKING ACTION:

PERMANENT final adoption

RULES:

Subchapter 1. General Provisions

252:100-1-3 [AMENDED]

AUTHORITY:

Environmental Quality Board; 27A O.S. §§ 2-2-101, Air Quality Advisory

Council, 27 A O.S. §§ 2-2-201 and 2-5-107, and Oklahoma Clean Air Act, 27A

O.S. §§ 2-5-101 et seq.

DATES:

Comment period:

September 1, 2011 through October 5, 2011

December 1, 2011 through January 18, 2012

Public hearings:

October 5, 2011

January 18, 2012

February 24, 2012

Adoption:

February 24, 2012

Submitted to Governor:

March 2, 2012

Submitted to House:

March 2, 2012

Submitted to Senate:

March 2, 2012

Gubernatorial approval:

April 13, 2012

Legislative approval:

May 1, 2012

Final adoption:

Failure of the Legislature to disapprove the rule(s) resulted in approval on

May 1, 2012

Effective:

July 1, 2012

SUPERSEDED EMERGENCY ACTIONS:

N/A

INCORPORATIONS BY REFERENCE:

N/A

ANALYSIS:

The Department is proposing to:

(A) modify Subchapter 1 to complete the incorporation of the U. S.

Environmental Protection Agency's (EPA's) recent changes to the Prevention

of Significant Deterioration (PSD) and Part 70 permitting programs exempting

biogenic carbon dioxide (CO2) emissions from certain biomass sources;

(B) modify Subchapters 1 to resolve issues surrounding the date an

application for an air quality operating permit must be submitted to the

Department; and

(C) make other nonsubstantive changes in the sections of the rules that are

being revised.

EPA has deferred for a period of three (3) years the application of the

PSD and Part 70 permitting requirements to biogenic CO2 emissions from

bioenergy and other biogenic stationary sources. The proposed modification

of the definition of "carbon dioxide equivalent emissions" or "CO2e" in OAC

252:100-1-3, along with previous revisions of the definitions of "subject to

regulation" in 252:100-8-2 and 252:100-8-31, will accomplish this deferral.

Due to an error in the Oklahoma Register (28 OK Reg 1079) published June

15, 2011, the Department is proposing to correct the definition of CO2e

by replacing a dash that was erroneously converted to the letter "B". The

Department proposes to add a definition of "fossil fuel" for further clarity in

the CO2 deferral. These proposed modifications to Subchapter 1 will ensure

that the State rules regarding greenhouse gas permitting will not be perceived

to be more stringent than the corresponding federal rules. The Department

also proposes to change "PM-10" to "PM10" and "PM-2.5" to "PM2.5" in some

definitions in 252:100-1-3 for consistency in formatting.

The Department is proposing changes to clarify the date an application for

an air quality operating permit must be submitted. The Department proposes

June 15, 2012 989 Oklahoma Register (Volume 29, Number 19)
Permanent Final Adoptions

to define the term "commencement of operation" or "commencing operation"

in OAC 252:100-1-3 and use that term in 252:100-7-18(a)(1) and (2).

CONTACT PERSON:

Cheryl Bradley, Department of Environmental Quality, Air Quality

Division, 707 North Robinson, P.O. Box 1677, Oklahoma City, Oklahoma

73101-1677, (405) 702-4100.

PURSUANT TO THE ACTIONS DESCRIBED HEREIN,

THE FOLLOWING RULES ARE CONSIDERED

FINALLY ADOPTED AS SET FORTH IN 75 O.S.,

SECTION 308.1(A), WITH AN EFFECTIVE DATE

OF JULY 1, 2012:

SUBCHAPTER 1. GENERAL PROVISIONS

252:100-1-3. Definitions

The following words and terms, when used in this Chapter,

shall have the following meaning, unless the context clearly indicates otherwise or unless defined specifically for a Subchapter, section, or subsection in the Subchapter, section, or subsection.

"Act" means the Federal Clean Air Act, as amended, 42

U.S.C. 7401 et seq.

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

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

"Air contaminant source" means any and all sources of

emission of air contaminants (pollutants), whether privately or

publicly owned or operated, or person contributing to emission

of air contaminants. Without limiting the generality of the

foregoing, this term includes all types of business, commercial

and industrial plants, works, shops and stores, heating and

power plants or stations, buildings and other structures of all

types.

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

in:

(A) the emission of air contaminants, or

(B) the effect of such emission.

"Air pollution episode" means high levels of air pollution existing for an extended period (24 hours or more) of time

which may cause acute harmful health effects during periods

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

an area, a low wind speed and there is a temperature inversion.

Other factors such as humidity may also affect the episode

conditions.

"Ambient air standards" or "Ambient air quality

standards" means levels of air quality as codified in OAC

252:100-3.

"Atmosphere" means the air that envelops or surrounds

the earth.

"Best available control technology" or "BACT" means

the best control technology that is currently available as determined by the Division Director on a case-by-case basis, taking

into account energy, environmental, and economic impacts and

other costs of alternative control systems.

"Building, structure, facility, or installation" means all

of the pollutant-emitting activities which belong to the same

industrial grouping, are located on one or more contiguous

or adjacent properties, and are under the control of the same

person (or persons under common control). Pollutant-emitting

activities shall be considered as part of the same industrial

grouping if they belong to the same "Major Group" (i.e., which

have the same two-digit code) as described in the Standard

Industrial Classification Manual, 1972, as amended by the

1977 Supplement.

"Carbon dioxide equivalent emissions" or "CO2e"

means an amount of GHG emitted, and shall be computed by

multiplying the mass amount of emissions, for each of the six

greenhouse gases in the pollutant GHG, by the gas' associated

global warming potential (GWP) published in Table A-1 to

subpart A of 40 CFR Part 98 B- Global Warming Potentials,

and summing the resultant value for each to compute a CO2e.

For purposes of the definitions of "subject to regulation" in

OAC 252:100-8-2 and 252:100-8-31, prior to July 21, 2014,

the mass of the greenhouse gas carbon dioxide shall not include carbon dioxide emissions resulting from the combustion

or decomposition of non-fossilized and biodegradable organic

material originating from plants, animals, or micro-organisms (including products, by-products, residues and waste

from agriculture, forestry and related industries, as well as

the non-fossilized and biodegradable organic fractions of

industrial and municipal wastes, including gases and liquids

recovered from the decomposition of non-fossilized and

biodegradable organic material).

"Catalytic cracking unit" means a unit composed of a

reactor, regenerator and fractionating towers which is used to

convert certain petroleum fractions into more valuable products by passing the material through or commingled with a

bed of catalyst in the reactor. Coke deposits produced on the

catalyst during cracking are removed by burning off in the

regenerator.

"Combustible materials" means any substance which

will readily burn and shall include those substances which,

although generally considered incombustible, are or may be

included in the mass of the material burned or to be burned.

"Commence" means, unless specifically defined otherwise, that the owner or operator of a facility to which neither

a NSPS or NESHAP applies has begun the construction or

installation of the emitting units on a pad or in the final location

at the facility.

"Commencement of operation" or "commencing operation" means the owner or operator of the stationary source

has begun, or caused to begin, emitting a regulated air pollutant

from any activity for which the stationary source is designed

and/or permitted.

"Complete" means in reference to an application for a

permit, the application contains all the information necessary

for processing the application. Designating an application

complete for purposes of permit processing does not preclude

the Director from requesting or accepting any additional information.

"Construction" means, unless specifically defined otherwise, fabrication, erection, or installation of a source.

Oklahoma Register (Volume 29, Number 19) 990 June 15, 2012
Permanent Final Adoptions

"Crude oil" means a naturally occurring hydrocarbon

mixture which is a liquid at standard conditions. It may contain

sulfur, nitrogen and/or oxygen derivatives of hydrocarbon.

"Direct fired" means that the hot gasses produced by the

flame or heat source come into direct contact with the material

being processed or heated.

"Division" means Air Quality Division, Oklahoma State

Department of Environmental Quality.

"Dust" means solid particulate matter released into or

carried in the air by natural forces, by any fuel-burning, combustion, process equipment or device, construction work,

mechanical or industrial processes.

"EPA" means the United States Environmental Protection

Agency.

"Excess emissions" means the emission of regulated air

pollutants in excess of an applicable limitation or requirement

as specified in the applicable limiting Subchapter, permit, or

order of the DEQ. This term does not include fugitive VOC

emissions covered by an existing leak detection and repair

program that is required by a federal or state regulation.

"Existing source" means, unless specifically defined

otherwise, an air contaminant source which is in being on

the effective date of the appropriate Subchapter, section, or

paragraph of these rules.

"Facility" means all of the pollutant-emitting activities

that meet all the following conditions:

(A) Are under common control.

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

(C) Have the same two-digit primary SIC Code (as

described in the Standard Industrial Classification

Manual, 1987).

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

those requirements developed pursuant to 40 CFR Parts 60

and 61, requirements within any applicable State implementation plan, any permit requirements established pursuant to 40

CFR 52.21 or under regulations approved pursuant to 40 CFR

Part 51, subpart I, including operating permits issued under

an EPA-approved program that is incorporated into the State

implementation plan and expressly requires adherence to any

permit issued under such program.

"Fossil fuel" means natural gas, petroleum, coal, or any

form of solid, liquid, or gaseous fuel derived from such material.

"Fuel-burning equipment" means any one or more of

boilers, furnaces, gas turbines or other combustion devices

and all appurtenances thereto used to convert fuel or waste to

usable heat or power.

"Fugitive dust" means solid airborne particulate matter

emitted from any source other than a stack or chimney.

"Fugitive emissions" means, unless specifically defined

otherwise, those emissions which could not reasonably pass

through a stack, chimney, vent, or other functionally equivalent

opening.

"Fume" means minute solid particles generated by the

condensation of vapors to solid matter after volatilization from

the molten state, or generated by sublimation, distillation,

calcination, or chemical reaction when these processes create

airborne particles.

"Garbage" means all putrescible animal and vegetable

matter resulting from the handling, preparation, cooking and

consumption of food.

"Greenhouse gas" or "GHG" means the air pollutant

defined in 40 CFR § 86.1818-12(a) as the aggregate group of

six greenhouse gases: carbon dioxide (CO2), nitrous oxide

(N2O), methane (CH4), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6).

"Gross particulate matter" or "GPM" means particulate matter with an aerodynamic diameter greater than 10

micrometers.

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

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

agreement or contractual obligation to undertake and complete

within a reasonable time a continuous program of construction

or modification prior to the compliance date for installation as

specified by the applicable regulation.

"Incinerator" means a combustion device specifically

designed for the destruction, by high temperature burning, of

solid, semi-solid, liquid, or gaseous combustible wastes and

from which the solid residues contain little or no combustible

material.

"Indirect fired" means that the hot gasses produced by

the flame or heat source do not come into direct contact with

the material, excluding air, being processed or heated.

"Installation" means an identifiable piece of process

equipment.

"Lowest achievable emissions rate" or "LAER" means,

for any source, the more stringent rate of emissions based on

paragraphs (A) and (B) of this definition. This limitation,

when applied to a modification, means the lowest achievable

emissions rate for the new or modified emissions units within

a stationary source. In no event shall the application of LAER

allow a proposed new or modified stationary source to emit any

pollutant in excess of the amount allowable under applicable

standard of performance for the new source.

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

of any State for such class or category of stationary

source, unless the owner or operator of the proposed

stationary source demonstrates that such limitations

are not achievable, or

(B) LAER means the most stringent emissions

limitation which is achieved in practice by such class

or category of stationary sources.

"Major source" means any new or modified stationary

source which directly emits or has the capability at maximum

design capacity and, if appropriately permitted, authority to

emit 100 tons per year or more of a given pollutant. (OAC

252:100-8, Part 3)

"Malfunction" means any sudden, infrequent, and not

reasonably preventable failure of air pollution control equipment, process equipment, or a process to operate in a normal or

June 15, 2012 991 Oklahoma Register (Volume 29, Number 19)
Permanent Final Adoptions

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

"Mist" means a suspension of any finely divided liquid in

any gas or atmosphere excepting uncombined water.

"Modification" means any physical change in, or change

in the method of operation of, a source which increases the

amount of any air pollutant emitted by such source or which results in the emission of any air pollutant not previously emitted,

except that:

(A) routine maintenance, repair and replacement

shall not be considered physical changes; and,

(B) the following shall not be considered a change

in the method of operation:

(i) any increase in the production rate, if such

increase does not exceed the operating design capacity of the source;

(ii) an increase in hours of operation;

(iii) use of alternative fuel or raw material

if, prior to the date any standard under this part

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

use.

"National Emission Standards for Hazardous Air

Pollutants" or "NESHAP" means those standards found in

40 CFR Parts 61 and 63.

"New installation", "New source", or "New equipment" means an air contaminant source which is not in being

on the effective date of these regulations and any existing

source which is modified, replaced, or reconstructed after the

effective date of the regulations such that the amount of air

contaminant emissions is increased.

"New Source Performance Standards" or "NSPS"

means those standards found in 40 CFR Part 60.

"Nonmethane organic compounds" or "NMOC"

means nonmethane organic compounds, as defined in 40 CFR

60.754.

"Opacity" means the degree to which emissions reduce

the transmission of light and obscure the view of an object in

the background.

"Open burning" means the burning of combustible materials in such a manner that the products of combustion are emitted directly to the outside atmosphere.

"Organic compound" means any chemical compound

containing the element carbon.

"Owner or operator" means any person who owns,

leases, operates, controls or supervises a source.

"Part 70 permit" means (unless the context suggests

otherwise) any permit or group of permits covering a Part 70

source that is issued, renewed, amended, or revised pursuant to

this Chapter.

"Part 70 program" means a program approved by the

Administrator under 40 CFR Part 70.

"Part 70 source" means any source subject to the permitting requirements of Part 5 of Subchapter 8, as provided in OAC

252:100-8-3(a) and (b).

"PM-10 PM10 emissions" means particulate matter

emitted to the ambient air with an aerodynamic diameter of

10 micrometers or less as measured by applicable reference

methods, or an equivalent or alternative method.

"PM-10 PM10" means particulate matter with an aerodynamic diameter of 10 micrometers or less.

"PM-2.5 PM2.5" means particulate matter with an aerodynamic diameter of 2.5 micrometers or less.

"Particulate matter" or "PM" means any material that

exists in a finely divided form as a liquid or a solid.

"Particulate matter emissions" means particulate matter

emitted to the ambient air as measured by applicable reference

methods, or an equivalent or alternative method.

"Potential to emit" means the maximum capacity of a

source to emit a pollutant under its physical and operational

design. Any physical or operational limitation on the capacity

of the source to emit a pollutant, including air pollution control

equipment and restrictions on hours of operation or on the type

or amount of material combusted, stored or processed, shall

be treated as part of its design if the limitation or the effect it

would have on emissions is enforceable. Secondary emissions

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

"Prevention of significant deterioration" or "PSD"

means increments for the protection of attainment areas as

codified in OAC 252:100-3.

"Process equipment" means any equipment, device or

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

any discharge of air contaminants into the open air, but not

including that equipment specifically defined as fuel-burning

equipment, or refuse-burning equipment.

"Process weight" means the weight of all materials

introduced in a source operation, including solid fuels, but

excluding liquids and gases used solely as fuels, and excluding

air introduced for the purposes of combustion. Process weight

rate means a rate established as follows:

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

continuous operation or for a typical portion thereof,

divided by the number of hours of such period or

portion thereof.

(B) for cyclical or batch source operations, the total

process weight for a period which covers a complete

or an integral number of cycles, divided by the hours

of actual process operation during such period.

(C) where the nature of any process or operation

or the design of any equipment is such as to permit

more than one interpretation of this definition, that

interpretation which results in the minimum value for

allowable emission shall apply.

"Reasonably available control technology" or

"RACT" means devices, systems, process modifications,

or other apparatus or techniques that are reasonably available

taking into account:

(A) The necessity of imposing such controls in

order to attain and maintain a national ambient air

quality standard;

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

Oklahoma Register (Volume 29, Number 19) 992 June 15, 2012
Permanent Final Adoptions

(C) Alternative means of providing for attainment

and maintenance of such standard.

"Reconstruction" means

(A) the replacement of components of an existing

source to the extent that will be determined by the

Executive Director based on:

(i) the fixed capital cost (the capital needed to

provide all the depreciable components of the new

components exceeds 50 percent of the fixed capital

cost of a comparable entirely new source);

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

new source; and,

(iii) the extent to which the components being

replaced cause or contribute to the emissions from

the source.

(B) a reconstructed source will be treated as a new

source for purposes of OAC 252:100-8, Part 9.

"Refinery" means any facility engaged in producing

gasoline, kerosene, fuel oils or other products through distillation of crude oil or through redistillation, cracking, or

reforming of unfinished petroleum derivatives.

"Refuse" means, unless specifically defined otherwise,

the inclusive term for solid, liquid or gaseous waste products

which are composed wholly or partly of such materials as

garbage, sweepings, cleanings, trash, rubbish, litter, industrial,

commercial and domestic solid, liquid or gaseous waste; trees

or shrubs; tree or shrub trimmings; grass clippings; brick,

plaster, lumber or other waste resulting from the demolition,

alteration or construction of buildings or structures; accumulated waste material, cans, containers, tires, junk or other such

substances.

"Refuse-burning equipment" means any equipment,

device, or contrivance, and all appurtenances thereto, used

for the destruction of combustible refuse or other combustible

wastes by burning.

"Regulated air pollutant" means any substance or

group of substances listed in Appendix P of this Chapter, or

any substance regulated as an air pollutant under any federal

regulation for which the Department has been given authority,

or any other substance for which an air emission limitation or

equipment standard is set by an enforceable permit.

"Responsible official" means one of the following:

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

a principal business function, or any other person who

performs similar policy or decision-making functions

for the corporation, or a duly authorized representative of such person if the representative is responsible

for the overall production, or operating facilities applying for or subject to a permit and either:

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

exceeding $25 million (in second quarter 1980

dollars); or

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

(B) For the partnership or sole proprietorship: a

general partner or the proprietor, respectively;

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

ranking elected official. For purposes of this Chapter,

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

officer having responsibility for the overall operations

of a principal geographic unit of the agency (e.g., a

Regional Administrator of EPA); or

(D) For affected sources:

(i) The designated representative insofar as

actions, standards, requirements, or prohibitions

under Title IV of the Act or the regulations promulgated thereunder are concerned; and

(ii) The designated representative for any other

purposes under this Chapter.

"Shutdown" means the cessation of operation of any

process, process equipment, or air pollution control equipment.

"Smoke" means small gas-borne or air-borne particles

resulting from combustion operations and consisting of carbon,

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

quantity to be observable.

"Source operation" means the last operation preceding

the emission of an air contaminant, which operation:

(A) results in the separation of the air contaminant

from the process materials or in the conversion of the

process materials into air contaminants, as in the case

of combustion of fuel; and,

(B) is not an air pollution abatement operation.

"Stack" means, unless specifically defined otherwise, any

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

excluding flares, designed or specifically intended to conduct

emissions to the atmosphere.

"Standard conditions" means a gas temperature of 68

degrees Fahrenheit (20oCentigrade) and a gas pressure of 14.7

pounds per square inch absolute.

"Startup" means the setting into operation of any

process, process equipment, or air pollution control equipment.

"Stationary source" means, unless specifically defined

otherwise, any building, structure, facility, or installation either

fixed or portable, whose design and intended use is at a fixed

location and emits or may emit an air pollutant subject to OAC

252:100.

"Total Suspended Particulates" or "TSP" means particulate matter as measured by the high-volume method described

in Appendix B of 40 CFR Part 50.

"Temperature inversion" means a phenomenon in which

the temperature in a layer of air increases with height and the

cool heavy air below is trapped by the warmer air above and

cannot rise.

"Visible emission" means any air contaminant, vapor or

gas stream which contains or may contain an air contaminant

which is passed into the atmosphere and which is perceptible

to the human eye.

June 15, 2012 993 Oklahoma Register (Volume 29, Number 19)
Permanent Final Adoptions

"Volatile organic compound" or "VOC"means any

organic compound that participates in atmospheric photochemical reactions resulting in the formation of tropospheric

ozone. Carbon monoxide, carbon dioxide, carbonic acid,

metallic carbides, ammonium carbonates, tert-butyl acetate

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

have negligible photochemical reactivity and are not considered to be VOC.

[OAR Docket #12-650; filed 5-21-12]

TITLE 252. DEPARTMENT OF

ENVIRONMENTAL QUALITY

CHAPTER 100. AIR POLLUTION CONTROL

[OAR Docket #12-651]

RULEMAKING ACTION:

PERMANENT final adoption

RULES:

Subchapter 7. Permits for Minor Facilities

Part 3. Construction Permits

252:100-7-15. [AMENDED]

Part 4. Operating Permits

252:100-7-18. [AMENDED]

AUTHORITY:

Environmental Quality Board; 27A O.S. §§ 2-2-101, Air Quality Advisory

Council, 27A O.S. §§ 2-2-201 and 2-5-107, and Oklahoma Clean Air Act, 27A

O.S.§§ 2-5-101 et seq.

DATES:

Comment period:

September 1, 2011 through October 5, 2011

December 1, 2011 through January 18, 2012

Public hearings:

October 5, 2011

January 18, 2012

February 24, 2012

Adoption:

February 24, 2012

Submitted to Governor:

March 2, 2012

Submitted to House:

March 2, 2012

Submitted to Senate:

March 2, 2012

Gubernatorial approval:

April 13, 2012

Legislative approval:

Failure of the Legislature to disapprove the rule(s) resulted in approval on

May 1, 2012

Final adoption:

May 1, 2012

Effective:

July 1, 2012

SUPERSEDED EMERGENCY ACTIONS:

N/A

INCORPORATIONS BY REFERENCE:

N/A

ANALYSIS:

The Department is proposing to:

(A) modify Subchapter7 to resolve issues surrounding the date an

application for an air quality operating permit must be submitted to the

Department;

(B) modify Subchapter 7 to achieve consistency between new sources and

modifications regarding the requirement for air quality permits for facilities

subject to federal New Source Performance Standards (NSPS, 40 CFR Part

60) and/or federal National Emission Standards for Hazardous Air Pollutants

(NESHAPs, 40 CFR Parts 61 and 63); and

(C) make other nonsubstantive changes in the sections of the rule that are

being revised.

The Department is proposing to revise OAC 252:100-7-15(a)(2)(B)(I) to

narrow the requirement for an existing minor facility to obtain an individual air

quality construction permit. The proposed revision would require an existing

minor facility to obtain a construction permit to add a piece of equipment or a

process that is subject to an emission standard, equipment standard, or work

practice standard in an NSPS or NESHAP. A construction permit would not be

required to add a process or equipment that is subject only to reporting and/or

recordkeeping requirements in an applicable NSPS and/or NESHAP.

CONTACT PERSON:

Cheryl Bradley, Department of Environmental Quality, Air Quality

Division, 707 North Robinson, P.O. Box 1677, Oklahoma City, Oklahoma

73101-1677, (405) 702-4100.

PURSUANT TO THE ACTIONS DESCRIBED HEREIN,

THE FOLLOWING RULES ARE CONSIDERED

FINALLY ADOPTED AS SET FORTH IN 75 O.S.,

SECTION 308.1(A), WITH AN EFFECTIVE DATE

OF JULY 1, 2012:

SUBCHAPTER 7. PERMITS FOR MINOR

FACILITIES

PART 3. CONSTRUCTION PERMITS

252:100-7-15. Construction permit

(a) Construction permit required. A construction permit

is required to commence construction or installation of a new

facility or the modification of an existing facility as specified in

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

(1) New Facility. No person shall cause or allow the

construction or installation of any new minor facility other

than a de minimis facility or a permit exempt facility as

defined in OAC 252:100-7-1.1 without first obtaining a

DEQ-issued air quality construction permit.

(2) Modification of an existing facility.

(A) A construction permit is required for any modification that would cause an existing facility to no

longer qualify for de minimis status, permit exempt

facility status, or its current permit category.

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

(i) to add a piece of equipment or a process

that is subject to NSPS or NESHAP an emission

standard, equipment standard, or work practice

standard in a federal NSPS (40 CFR Part 60) or a

federal NESHAP (40 CFR Parts 61 and 63) or

(ii) to add or physically modify a piece of

equipment or a process that results in an increase

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

(b) Permit categories. Three types of construction permits

are available: permit by rule, general permit, and individual

permit. A permit by rule may be adopted or a general permit

may be issued for an industry if there are a sufficient number of

facilities that have the same or substantially similar operations,

emissions, and activities that are subject to the same standards,

limitations, and operating and monitoring requirements.

Oklahoma Register (Volume 29, Number 19) 994 June 15, 2012
1 

TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY 

CHAPTER 100. AIR POLLUTION CONTROL 

SUBCHAPTER 2. INCORPORATION BY REFERENCE 

252:100-2-1. Purpose

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

40 of the Code of Federal Regulations (40 CFR)(see OAC 252:100, Appendix Q). 

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

by reference

Except as provided under this section, the provisions of 40 CFR listed in Appendix Q are 

hereby incorporated by reference as they existed on August 1, 2011.

(a) (1) Inclusion of 40 CFR citations and definitions. When a provision of 40 CFR is 

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

(b) (2) Inconsistencies or duplications of requirements or incorporation dates.

(1) (A) in the event that there are inconsistencies or duplications between the requirements of 

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

or elsewhere in a specific subchapter of this Chapter, the more stringent requirements shall 

apply. 

(2) (B) In the event that a specific date of incorporation is indicated in Appendix Q or a specific

subchapter of this Chapter, the specified date of incorporation specified in the specific 

subchapter shall apply. 

(c) (3) Terminology related to 40 CFR. For purposes of interfacing with 40 CFR and unless 

the context clearly indicates otherwise, the following terms apply. 

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

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

APPENDIX Q. INCORPORATION BY REFERENCE [NEW]

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 August 1, 

2011, unless otherwise noted. 

PART SUBPART DESCRIPTION 

50 n/a 

Appendix B to Part 50 - Reference Method for the 

Determination of Suspended Particulate Matter in the 

At h (Hi h V l M th d)

50 n/a 

Appendix J to Part 50 - Reference Method for the Determination 

of Particulate Matter as PM10 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 

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 
3 

PART SUBPART DESCRIPTION 

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 

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 
4 

PART SUBPART DESCRIPTION 

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: 

Wet-Process 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 

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 
5 

PART SUBPART DESCRIPTION 

Plants 

60 MM Standards of Performance for Automobile and Light Duty Truck

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 
6 

PART SUBPART DESCRIPTION 

Petroleum Refineries for Which Construction, Reconstruction, 

or Modification Commenced After November 7, 2006 

60 HHH 

Standards of Performance for Synthetic Fiber Production 

Facilities 

60 III 

Standards of Performance for Volatile Organic Compound 

(VOC) Emissions From the Synthetic Organic Chemical 

Manufacturing Industry (SOCMI) Air Oxidation Unit Processes 

60 JJJ Standards of Performance for Petroleum Dry Cleaners 

60 KKK 

Standards of Performance for Equipment Leaks of VOC From 

Onshore Natural Gas Processing Plants 

60 LLL 

Standards of Performance for Onshore Natural Gas Processing: 

SO2 Emissions 

60 NNN 

Standards of Performance for Volatile Organic Compound 

(VOC) Emissions From Synthetic Organic Chemical 

Manufacturing Industry (SOCMI) Distillation Operations 

60 OOO 

Standards of Performance for Nonmetallic Mineral Processing 

Plants 

60 PPP 

Standard of Performance for Wool Fiberglass Insulation 

Manufacturing Plants 

60 QQQ 

Standards of Performance for VOC Emissions From Petroleum 

Refinery Wastewater Systems 

60 RRR 

Standards of Performance for Volatile Organic Compound 

Emissions From Synthetic Organic Chemical Manufacturing 

Industry (SOCMI) Reactor Processes 

60 SSS Standards of Performance for Magnetic Tape Coating Facilities 

60 TTT 

Standards of Performance for Industrial Surface Coating: 

Surface Coating of Plastic Parts for Business Machines 

60 UUU 

Standards of Performance for Calciners and Dryers in Mineral 

Industries 

60 VVV 

Standards of Performance for Polymeric Coating of Supporting 

Substrates Facilities 

60 WWW Standards of Performance for Municipal Solid Waste Landfills 

60 AAAA Standards of Performance for Small Municipal Waste 
7 

PART SUBPART DESCRIPTION 

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 

60 KKKK Standards of Performance for Stationary Combustion Turbines 

60 LLLL 

Standards of Performance for New Sewage Sludge Incineration 

Units 

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 

By-Product 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 
8 

PART SUBPART DESCRIPTION 

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 

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 
9 

PART SUBPART DESCRIPTION 

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 

Off-Site 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) 
10 

PART SUBPART DESCRIPTION 

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

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 

Organic-Water 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 
11 

PART SUBPART DESCRIPTION 

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 

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: 
12 

PART SUBPART DESCRIPTION 

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 

Wet-Formed 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 

63 TTTT 

National Emission Standards for Hazardous Air Pollutants for 

Leather Finishing Operations 
13 

PART SUBPART DESCRIPTION 

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 DDDDD 

National Emission Standards for Hazardous Air Pollutants for 

Major Sources: Industrial, Commercial, and Institutional Boilers 

and Process Heaters 

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 
14 

PART SUBPART DESCRIPTION 

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 

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 
15 

PART SUBPART DESCRIPTION 

63 HHHHHH 

National Emission Standards for Hazardous Air Pollutants: 

Paint Stripping and Miscellaneous Surface Coating Operations 

at Area Sources 

63 JJJJJJ 

National Emission Standards for Hazardous Air Pollutants for 

Industrial, Commercial, and Institutional Boilers 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

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 

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 
16 

PART SUBPART DESCRIPTION 

Foundries 

63 AAAAAAA 

National Emission Standards for Hazardous Air Pollutants for 

Area Sources: Asphalt Processing and Asphalt Roofing 

Manufacturing 

63 BBBBBBB National Emission Standards for Hazardous Air Pollutants for 

A S Ch i l i d

63 CCCCCCC National Emission Standards for Hazardous Air Pollutants for 63 DDDDDDD National Emission Standards for Hazardous Air Pollutants for 

AS d d f i

63 EEEEEEE 

National Emission Standards for Hazardous Air Pollutants: Gold 

Mine Ore Processing and Production Area Source Category 

64 

n/a (All 

Sections) 

Compliance Assurance Monitoring (CAM) 

72 All Subparts Permits Regulation 


TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY

CHAPTER 100. AIR POLLUTION CONTROL

SUBCHAPTER 2. INCORPORATION BY REFERENCE

252:100-2-1. Purpose 

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

of the Code of Federal Regulations (40 CFR) (see OAC 252:100, Appendix Q).

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

reference 

Except as provided under this section, the provisions of 40 CFR listed in Appendix Q are hereby

incorporated by reference as they existed on August 1, 2011.

(a) (1) Inclusion of 40 CFR citations and definitions. When a provision of 40 CFR is

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

(b) (2) Inconsistencies or duplications of requirements or incorporation dates.

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

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

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

(2) (B) In the event that a specific date of incorporation is indicated in Appendix Q or a

specific subchapter of this Chapter, the specified date of incorporation specified in the specific

subchapter shall apply.

(c) (3) Terminology related to 40 CFR. For purposes of interfacing with 40 CFR and unless the

context clearly indicates otherwise, the following terms apply.

(1) (A) "Administrator" is synonymous with “Executive Director.”

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

Oct11_SC2_RUL.wpd August 30, 2011
APPENDIX Q. INCORPORATION BY REFERENCE [NEW]

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 August 1, 2011,

unless otherwise noted.

PART SUBPART DESCRIPTION

50 n/a

Appendix B to Part 50 - Reference Method for the

Determination of Suspended Particulate Matter in the

Atmosphere (High-Volume Method)

50 n/a Appendix J to Part 50 - Reference Method for the Determination

of Particulate Matter as PM10 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-CommercialInstitutional 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

Oct11_AppQ_new.wpd 1 September 28, 2011
PART SUBPART DESCRIPTION

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

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

Oct11_AppQ_new.wpd 2 September 28, 2011
PART SUBPART DESCRIPTION

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:

Wet-Process 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

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

Oct11_AppQ_new.wpd 3 September 28, 2011
PART SUBPART DESCRIPTION

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

Oct11_AppQ_new.wpd 4 September 28, 2011
PART SUBPART DESCRIPTION

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

60 HHH Standards of Performance for Synthetic Fiber Production

Facilities

60 III

Standards of Performance for Volatile Organic Compound

(VOC) Emissions From the Synthetic Organic Chemical

Manufacturing Industry (SOCMI) Air Oxidation Unit Processes

60 JJJ Standards of Performance for Petroleum Dry Cleaners

60 KKK Standards of Performance for Equipment Leaks of VOC From

Onshore Natural Gas Processing Plants

60 LLL Standards of Performance for Onshore Natural Gas Processing:

SO2

 Emissions

60 NNN

Standards of Performance for Volatile Organic Compound

(VOC) Emissions From Synthetic Organic Chemical

Manufacturing Industry (SOCMI) Distillation Operations

60 OOO Standards of Performance for Nonmetallic Mineral Processing

Plants

60 PPP Standard of Performance for Wool Fiberglass Insulation

Manufacturing Plants

60 QQQ Standards of Performance for VOC Emissions From Petroleum

Refinery Wastewater Systems

60 RRR

Standards of Performance for Volatile Organic Compound

Emissions From Synthetic Organic Chemical Manufacturing

Industry (SOCMI) Reactor Processes

60 SSS Standards of Performance for Magnetic Tape Coating Facilities

60 TTT Standards of Performance for Industrial Surface Coating:

Surface Coating of Plastic Parts for Business Machines

60 UUU Standards of Performance for Calciners and Dryers in Mineral

Industries

Oct11_AppQ_new.wpd 5 September 28, 2011
PART SUBPART DESCRIPTION

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

60 KKKK Standards of Performance for Stationary Combustion Turbines

60 LLLL Standards of Performance for New Sewage Sludge Incineration

Units

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

By-Product Recovery Plants

Oct11_AppQ_new.wpd 6 September 28, 2011
PART SUBPART DESCRIPTION

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

Oct11_AppQ_new.wpd 7 September 28, 2011
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

Off-Site Waste and Recovery Operations

63 EE National Emission Standards for Magnetic Tape Manufacturing

Operations

Oct11_AppQ_new.wpd 8 September 28, 2011
PART SUBPART DESCRIPTION

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

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

Organic-Water 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

Oct11_AppQ_new.wpd 9 September 28, 2011
PART SUBPART DESCRIPTION

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

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

Oct11_AppQ_new.wpd 10 September 28, 2011
PART SUBPART DESCRIPTION

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

Wet-Formed 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

Oct11_AppQ_new.wpd 11 September 28, 2011
PART SUBPART DESCRIPTION

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

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 DDDDD

National Emission Standards for Hazardous Air Pollutants for

Major Sources: Industrial, Commercial, and Institutional Boilers

and Process Heaters

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

Oct11_AppQ_new.wpd 12 September 28, 2011
PART SUBPART DESCRIPTION

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

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

Oct11_AppQ_new.wpd 13 September 28, 2011
PART SUBPART DESCRIPTION

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 JJJJJJ National Emission Standards for Hazardous Air Pollutants for

Industrial, Commercial, and Institutional Boilers 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

Oct11_AppQ_new.wpd 14 September 28, 2011
PART SUBPART DESCRIPTION

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

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 BBBBBBB National Emission Standards for Hazardous Air Pollutants for

Area Sources: Chemical Preparations Industry

63 CCCCCCC

National Emission Standards for Hazardous Air Pollutants for

Area Sources: Standards for Paints and Allied Products

Manufacturing

63 DDDDDDD National Emission Standards for Hazardous Air Pollutants for

Area Sources: Prepared Feeds Manufacturing

63 EEEEEEE National Emission Standards for Hazardous Air Pollutants: Gold

Mine Ore Processing and Production Area Source Category

64 n/a (All

Sections)

Compliance Assurance Monitoring (CAM)

72 All Subparts Permits Regulation

Oct11_AppQ_new.wpd 15 September 28, 2011
APPENDIX Q. INCORPORATION BY REFERENCE [REVOKED]

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 

50 n/a Appendix J to Part 50 - Reference Method for the Determination of Particulate Matter as 

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 

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 

60 Da Standards of Performance for Electric Utility Steam Generating Units for Which Construction 

60 Db Standards of Performance for Industrial-Commercial-Institutional Steam Generating Units 

60 Dc Standards of Performance for Small Industrial-Commercial-Institutional Steam Generating 

60 E Standards of Performance for Incinerators 

60 Ea Standards of Performance for Municipal Waste Combustors for Which Construction is 

60 Eb Standards of Performance for Large Municipal Waste Combustors for Which Construction is 

60 Ec Standards of Performance for Hospital/Medical/Infectious Waste Incinerators for Which 

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, 

60 K Standards of Performance for Storage Vessels for Petroleum Liquids for Which Construction, 

60 Ka Standards of Performance for Storage Vessels for Petroleum Liquids for Which Construction, 

60 Kb Standards of Performance for Volatile Organic Liquid Storage Vessels (Including Petroleum 

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 

60 Na Standards of Performance for Secondary Emissions from Basic Oxygen Process Steelmaking 

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 
PART SUBPART DESCRIPTION

60 T Standards of Performance for the Phosphate Fertilizer Industry: Wet-Process Phosphoric 

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 

60 W Standards of Performance for the Phosphate Fertilizer Industry: Triple Superphosphate 

60 X Standards of Performance for the Phosphate Fertilizer Industry: Granular Triple 

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 

60 AAa Standards of Performance for Steel Plants: Electric Arc Furnaces and Argon-Oxygen 

60 BB Standards of Performance for Kraft Pulp Mills 

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 

60 VVa Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals 

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 

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 

60 GGGa Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries for Which 

60 HHH Standards of Performance for Synthetic Fiber Production Facilities 

60 III Standards of Performance for Volatile Organic Compound (VOC) Emissions From the 
PART SUBPART DESCRIPTION

60 JJJ Standards of Performance for Petroleum Dry Cleaners 

60 KKK Standards of Performance for Equipment Leaks of VOC From Onshore Natural Gas 

60 LLL Standards of Performance for Onshore Natural Gas Processing: SO2 Emissions 

60 NNN Standards of Performance for Volatile Organic Compound (VOC) Emissions From Synthetic 

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 

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 

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 

60 EEEE Standards of Performance for Other Solid Waste Incineration Units for Which Construction 

60 FFFF Emission Guidelines and Compliance Times for Other Solid Waste Incineration Units That 

60 IIII Standards of Performance for Stationary Compression Ignition Internal Combustion Engines

60 JJJJ Standards of Performance for Stationary Spark Ignition Internal Combustion Engines 

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 By-Product Recovery Plants 

61 M National Emission Standard for Asbestos 

61 N National Emission Standard for Inorganic Arsenic Emissions From Glass Manufacturing 

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 

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 
PART SUBPART DESCRIPTION

63 A General Provisions 

63 B Sections 63.41, 63.43 and 63.44 only of Subpart B, Requirements for Control Technology 

63 F National Emission Standards for Organic Hazardous Air Pollutants From the Synthetic 

63 G National Emission Standards for Organic Hazardous Air Pollutants From the Synthetic 

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 

63 J National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and 

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 

63 O Ethylene Oxide Emissions Standards for Sterilization Facilities 

63 Q National Emission Standards for Hazardous Air Pollutants for Industrial Process Cooling 

63 R National Emission Standards for Gasoline Distribution Facilities (Bulk Gasoline Terminals 

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 

63 W National Emission Standards for Hazardous Air Pollutants for Epoxy Resins Production and 

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 

63 BB National Emission Standards for Hazardous Air Pollutants From Phosphate Fertilizers 

63 CC National Emission Standards for Hazardous Air Pollutants From Petroleum Refineries 

63 DD National Emission Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery 

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 

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 

63 MM National Emission Standards for Hazardous Air Pollutants for Chemical Recovery 

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 
PART SUBPART DESCRIPTION

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 Organic-Water 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 

63 YY National Emission Standards for Hazardous Air Pollutants for Source Categories: Generic 

63 CCC National Emission Standards for Hazardous Air Pollutants for Steel Pickling - HCl Process 

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 

63 GGG National Emission Standards for Pharmaceuticals Production 

63 HHH National Emission Standards for Hazardous Air Pollutants From Natural Gas Transmission 

63 III National Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam 

63 JJJ National Emission Standards for Hazardous Air Pollutant Emissions: Group IV Polymers and 

63 LLL National Emission Standards for Hazardous Air Pollutants From the Portland Cement 

63 MMM National Emission Standards for Hazardous Air Pollutants for Pesticide Active Ingredient 

63 NNN National Emission Standards for Hazardous Air Pollutants for Wool Fiberglass 

63 OOO National Emission Standards for Hazardous Air Pollutant Emissions: Manufacture of 

63 PPP National Emission Standards for Hazardous Air Pollutant Emissions for Polyether Polyols 

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 

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 

63 VVV National Emission Standards for Hazardous Air Pollutants: Publicly Owned Treatment 

63 XXX National Emission Standards for Hazardous Air Pollutants for Ferroalloys Production: 

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 

63 EEEE National Emission Standards for Hazardous Air Pollutants: Organic Liquids Distribution 

63 FFFF National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical 

63 GGGG National Emission Standards for Hazardous Air Pollutants: Solvent Extraction for Vegetable 

63 HHHH National Emission Standards for Hazardous Air Pollutants for Wet-Formed Fiberglass Mat 

63 IIII National Emission Standards for Hazardous Air Pollutants: Surface Coating of Automobiles 

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 

63 NNNN National Emission Standards for Hazardous Air Pollutants: Surface Coating of Large 

63 OOOO National Emission Standards for Hazardous Air Pollutants: Printing, Coating, and Dyeing of 
PART SUBPART DESCRIPTION

63 PPPP National Emission Standards for Hazardous Air Pollutants for Surface Coating of Plastic Parts 

63 QQQQ National Emission Standards for Hazardous Air Pollutants: Surface Coating of Wood 

63 RRRR National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal 

63 SSSS National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Coil 

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 

63 VVVV National Emission Standards for Hazardous Air Pollutants for Boat Manufacturing 

63 WWWW National Emissions Standards for Hazardous Air Pollutants: Reinforced Plastic Composites 

63 XXXX National Emissions Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing 

63 YYYY National Emission Standards for Hazardous Air Pollutants for Stationary Combustion 

63 ZZZZ National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating 

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, 

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 

63 GGGGG National Emission Standards for Hazardous Air Pollutants: Site Remediation 

63 HHHHH National Emission Standards for Hazardous Air Pollutants: Miscellaneous Coating 

63 IIIII National Emission Standards for Hazardous Air Pollutants: Mercury Emissions From 

63 LLLLL National Emission Standards for Hazardous Air Pollutants: Asphalt Processing and Asphalt 

63 MMMMM National Emission Standards for Hazardous Air Pollutants: Flexible Polyurethane Foam 

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 

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 

63 TTTTT National Emission Standards for Hazardous Air Pollutants for Primary Magnesium Refining 

63 WWWWW National Emission Standards for Hospital Ethylene Oxide Sterilizers 

63 YYYYY National Emission Standards for Hazardous Air Pollutants for Area Sources: Electric Arc 

63 ZZZZZ National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries Area 

63 BBBBBB National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline 

63 CCCCCC National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline 

63 DDDDDD National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and 

63 EEEEEE National Emission Standards for Hazardous Air Pollutants for Primary Copper Smelting Area 

63 FFFFFF National Emission Standards for Hazardous Air Pollutants for Secondary Copper Smelting 

63 GGGGGG National Emission Standards for Hazardous Air Pollutants for Primary Nonferrous Metals 
PART SUBPART DESCRIPTION

63 HHHHHH National Emission Standards for Hazardous Air Pollutants: Paint Stripping and 

63 LLLLLL National Emission Standards for Hazardous Air Pollutants for Acrylic and Modacrylic Fibers 

63 MMMMMM National Emission Standards for Hazardous Air Pollutants for Carbon Black Production Area 

63 NNNNNN National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area 

63 OOOOOO National Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam 

63 PPPPPP National Emission Standards for Hazardous Air Pollutants for Lead Acid Battery 

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 

63 SSSSSS National Emission Standards for Hazardous Air Pollutants for Glass Manufacturing Area 

63 TTTTTT National Emission Standards for Hazardous Air Pollutants for Secondary Nonferrous Metals 

63 VVVVVV National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area 

63 WWWWWW National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Plating 

63 XXXXXX National Emission Standards for Hazardous Air Pollutants Area Source Standards for Nine 

63 YYYYYY National Emission Standards for Hazardous Air Pollutants for Area Sources: Ferroalloys 

63 ZZZZZZ National Emission Standards for Hazardous Air Pollutants: Area Source Standards for 

63 AAAAAAA National Emission Standards for Hazardous Air Pollutants for Area Sources: Asphalt 

63 CCCCCCC National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Paints 

64 All Subparts Compliance Assurance Monitoring (CAM) 

72 All Subparts Permits Regulation 







Permanent Final Adoptions

TITLE 252. DEPARTMENT OF

ENVIRONMENTAL QUALITY

CHAPTER 100. AIR POLLUTION CONTROL

[OAR Docket #12-444]

RULEMAKING ACTION:

PERMANENT final adoption

RULES:

Subchapter 2. Incorporation By Reference

252:100-2-1. [AMENDED]

252:100-2-3. [AMENDED]

Appendix Q. Incorporation By Reference [REVOKED]

Appendix Q. Incorporation By Reference [NEW]

AUTHORITY:

Environmental Quality Board; 27A O.S.§§ 2-2-101 and 2-2-201; and

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

DATES:

Comment period:

September 15, 2010 through October 27, 2010

December 15, 2010 through January 19, 2011

September 1, 2011 through October 5, 2011

Public hearing:

October 27, 2010, January 19, 2011, and October 5, 2011

November 15, 2011

Adoption:

November 15, 2011

Submitted to Governor:

November 21, 2011

Submitted to House:

November 21, 2011

Submitted to Senate:

November 21, 2011

Gubernatorial approval:

December 21, 2011

Legislative approval:

Failure of the Legislature to disapprove the rules resulted in approval on

March 29, 2012

Final adoption:

March 29, 2012

Effective:

July 1, 2012

SUPERSEDED EMERGENCY ACTIONS:

n/a

INCORPORATIONS BY REFERENCE:

Incorporated standards as they existed on August 1, 2011:

40 CFR Part 60, Subpart LLLL, Standards of Performance for New Sewage

Sludge Incineration Units

40 CFR Part 63, Subpart DDDDD, National Emission Standards for

Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and

Institutional Boilers and Process Heaters

40 CFR Part 63, Subpart JJJJJJ, National Emission Standards for

Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers

Area Sources

40 CFR Part 63, Subpart BBBBBBB, National Emission Standards for

Hazardous Air Pollutants for Area Sources: Chemical Preparations Industry

40 CFR Part 63, Subpart DDDDDDD, National Emission Standards for

Hazardous Air Pollutants for Area Sources: Prepared Feeds Manufacturing

40 CFR Part 63, Subpart EEEEEEE, National Emission Standards for

Hazardous Air Pollutants: Gold Mine Ore Processing and Production Area

Source Category

Incorporating rules:

252:100-2-3

Appendix Q. Incorporation By Reference

Availability:

The standards are on file at the Department of Environmental Quality, 707

North Robinson, Oklahoma City, Oklahoma, 73102, and are available to the

public for examination Monday through Friday between the hours of 8:00 a.m.

and 4:30 p.m., excluding state holidays.

ANALYSIS:

The Department is proposing changes to Subchapter 2, Incorporation By

Reference, to clarify the purpose. In addition, the Department is proposing to

update the federal regulations incorporated by reference in Appendix Q. The

existing Appendix Q will be revoked and a new Appendix Q will be adopted.

These proposals are part of the annual review of Title 40, Code of Federal

Regulations (40 CFR) incorporations by reference.

CONTACT PERSON:

Cheryl Bradley, Department of Environmental Quality, Air Quality

Division, 707 North Robinson, P.O. Box 1677, Oklahoma City, Oklahoma

73101-1677, (405) 702-4100

PURSUANT TO THE ACTIONS DESCRIBED HEREIN,

THE FOLLOWING RULES ARE CONSIDERED

FINALLY ADOPTED AS SET FORTH IN 75 O.S.,

SECTION 308.1(A), WITH AN EFFECTIVE DATE

OF JULY 1, 2012:

SUBCHAPTER 2. INCORPORATION BY

REFERENCE

252:100-2-1. Purpose

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

Regulations (40 CFR)(see OAC 252:100, Appendix Q).

252:100-2-3. Reference to Title 40, Code of Federal

Regulations (40 CFR) Incorporation by

reference

Except as provided under this section, the provisions of 40

CFR listed in Appendix Q are hereby incorporated by reference

as they existed on August 1, 2011.

(a1) Inclusion of 40 CFR citations and definitions.

When a provision of 40 CFR is incorporated by reference,

all citations contained therein are also incorporated by

reference.

(b2) Inconsistencies or duplications of requirements

or incorporation dates.

(1A) in the event that there are inconsistencies or

duplications between the requirements of this Chapter

and the requirements of those provisions incorporated

by reference in Appendix Q or elsewhere in a specific subchapter of this Chapter, the more stringent

requirements shall apply.

(2B) In the event that a specific date of incorporation is indicated in Appendix Q or a specific

subchapter of this Chapter, the specified date of incorporation specified in the specific subchapter shall

apply.

(c3) Terminology related to 40 CFR. For purposes of

interfacing with 40 CFR and unless the context clearly

indicates otherwise, the following terms apply.

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

(2B) "EPA" is synonymous with "Department of

Environmental Quality." (DEQ).

May 15, 2012 589 Oklahoma Register (Volume 29, Number 17)
Permanent Final Adoptions

APPENDIX Q. INCORPORATION BY REFERENCE [REVOKED]

APPENDIX Q. INCORPORATION BY REFERENCE [NEW]

Oklahoma Register (Volume 29, Number 17) 590 May 15, 2012
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Oklahoma Register (Volume 29, Number 17) 600 May 15, 2012
Permanent Final Adoptions

May 15, 2012 601 Oklahoma Register (Volume 29, Number 17)
Permanent Final Adoptions

Oklahoma Register (Volume 29, Number 17) 602 May 15, 2012
Permanent Final Adoptions

May 15, 2012 603 Oklahoma Register (Volume 29, Number 17)
Permanent Final Adoptions

[OAR Docket #12-444; filed 4-25-12]

Oklahoma Register (Volume 29, Number 17) 604 May 15, 2012
1 

TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY

CHAPTER 100. AIR POLLUTION CONTROL

SUBCHAPTER 8. PERMITS FOR PART 70 SOURCES

PART 5. PERMITS FOR PART 70 SOURCES

252:100-8-2. Definitions

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

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

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

the Act. 

"Administratively complete" means an application that provides: 

(A) All information required under OAC 252:100-8-5(c), (d), or (e); 

(B) A landowner affidavit as required by OAC 252:2-15-20(b)(3) OAC 252:4-7-13(b); 

(C) The appropriate application fees as required by OAC 252:100-8-1.7; and 

(D) Certification by the responsible official as required by OAC 252:100-8-5(f). 

"Affected source" means the same as the meaning given to it in the regulations promulgated 

under Title IV (acid rain) of the Act. 

"Affected states" means: 

(A) all states: 

(i) That are one of the following contiguous states: Arkansas, Colorado, Kansas, 

Missouri, New Mexico and Texas, and 

(ii) That in the judgment of the DEQ may be directly affected by emissions from the 

facility seeking the permit, permit modification, or permit renewal being proposed; or 

(B) all states that are within 50 miles of the permitted source. 

"Affected unit" means the same as the meaning given to it in the regulations promulgated 

under Title IV (acid rain) of the Act. 

"Applicable requirement" means all of the following as they apply to emissions units in a 

Part 70 source subject to this Chapter (including requirements that have been promulgated or 

approved by EPA through rulemaking at the time of issuance but have future effective 

compliance dates): 

(A) Any standard or other requirements provided for in the applicable implementation 

plan approved or promulgated by EPA through rulemaking under Title I of the Act that 

implements the relevant requirements of the Act, including any revisions to that plan 

promulgated in 40 CFR Part 52; 

(B) Any term or condition of any preconstruction permits issued pursuant to regulations 

approved or promulgated through rulemaking under Title I, including parts C or D, of the 

Act; 

(C) Any standard or other requirement under section 111 of the Act, including section 

111(d); 

(D) Any standard or other requirement under section 112 of the Act, including any 

requirement concerning accident prevention under section 112(r)(7) of the Act, but not 

including the contents of any risk management plan required under 112(r) of the Act; 

(E) Any standard or other requirement of the acid rain program under Title IV of the 

Act or the regulations promulgated thereunder; 

(F) Any requirements established pursuant to section 504(b) or section 114(a)(3) of the 
2 

Act; 

(G) Any standard or other requirement governing solid waste incineration, under section 

129 of the Act; 

(H) Any standard or other requirement for consumer and commercial products, under 

section 183(e) of the Act; 

(I) Any standard or other requirement for tank vessels, under section 183(f) of the Act; 

(J) Any standard or other requirement of the regulations promulgated to protect 

stratospheric ozone under Title VI of the Act, unless the Administrator has determined 

that such requirements need not be contained in a Title V permit; and 

(K) Any national ambient air quality standard or increment or visibility requirement 

under part C of Title I of the Act, but only as it would apply to temporary sources 

permitted pursuant to section 504(e) of the Act. 

"Begin actual construction" means for purposes of this Part, that the owner or operator has 

begun the construction or installation of the emitting equipment on a pad or in the final location 

at the facility. 

"Designated representative" means with respect to affected units, a responsible person or 

official authorized by the owner or operator of a unit to represent the owner or operator in 

matters pertaining to the holding, transfer, or disposition of allowances allocated to a unit, and 

the submission of and compliance with permits, permit applications, and compliance plans for 

the unit. 

"Draft permit" means the version of a permit for which the DEQ offers public participation 

under 27A O.S.§§ 2-14-101 through 2-14-401 and OAC 252:4-7 or affected State review under 

OAC 252:100-8-8. 

"Emergency" means, when used in OAC 252:100-8-6(a)(3)(C)(iii)(I) and (e), any situation 

arising from sudden and reasonably unforeseeable events beyond the control of the source, 

including acts of God, which situation requires immediate corrective action to restore normal 

operation, and that causes the source to exceed a technology-based emission limitation under the 

permit, due to unavoidable increases in emissions attributable to the emergency. An emergency 

shall not include noncompliance to the extent caused by improperly designed equipment, lack of 

preventive maintenance, careless or improper operation, or operator error. 

"Emissions allowable under the permit" means a federally enforceable permit term or 

condition determined at issuance to be required by an applicable requirement that establishes an 

emissions limit (including a work practice standard) or a federally enforceable emissions cap that 

the source has assumed to avoid an applicable requirement to which the source would otherwise 

be subject. 

"Emissions unit" means any part or activity of a stationary source that emits or has the 

potential to emit any regulated air pollutant or any pollutant listed under section 112(b) of the 

Act. Fugitive emissions from valves, flanges, etc. associated with a specific unit process shall be 

identified with that specific emission unit. This term is not meant to alter or affect the definition 

of the term "unit" for purposes of Title IV of the Act. 

"Final permit" means the version of a part 70 permit issued by the DEQ that has completed 

all review procedures required by OAC 252:100-8-7 through 252:100-8-7.5 and OAC 

252:100-8-8. 

"Fugitive emissions" means those emissions of regulated air pollutants which could not 

reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening. 

"General permit" means a part 70 permit that meets the requirements of OAC 

252:100-8-6.1. 
3 

"Insignificant activities" means individual emissions units that are either on the list 

approved by the Administrator and contained in Appendix I, or whose actual calendar year 

emissions do not exceed any of the limits in (A) and (B) of this definition. Any activity to which 

a State or federal applicable requirement applies is not insignificant even if it meets the criteria 

below or is included on the insignificant activities list. 

(A) 5 tons per year (TPY) of any one criteria pollutant. 

(B) 2 tons per year for any one hazardous air pollutant (HAP) or 5 tons per year for an 

aggregate of two or more HAPs, or 20 percent of any threshold less than 10 tons per year 

for single HAP that the EPA may establish by rule. 

"MACT" means maximum achievable control technology. 

"Major source" means any stationary source (or any group of stationary sources that are 

located on one or more contiguous or adjacent properties and are under common control of the 

same person (or persons under common control)) belonging to a single major industrial grouping 

and that is described in subparagraph (A), (B), or (C) of this definition. For the purposes of 

defining "major source," a stationary source or group of stationary sources shall be considered 

part of a single industrial grouping if all of the pollutant emitting activities at such source or 

group of sources on contiguous or adjacent properties belong to the same Major Group (i.e., all 

have the same two-digit primary SIC code) as described in the Standard Industrial Classification 

Manual, 1987. 

(A) A major source under section 112 of the Act, which is defined as: 

(i) For pollutants other than radionuclides, any stationary source or group of 

stationary sources located within a contiguous area and under common control that 

emits or has the potential to emit, in the aggregate, 10 TPY or more of any hazardous 

air pollutant which has been listed pursuant to section 112(b) of the Act, 25 TPY or 

more of any combination of such hazardous air pollutants, or such lesser quantity as 

the Administrator may establish by rule. Notwithstanding the preceding sentence, 

emissions from any oil or gas exploration or production well (with its associated 

equipment) and emissions from any pipeline compressor or pump station shall not be 

aggregated with emissions from other similar units, whether or not such units are in a 

contiguous area or under common control, to determine whether such units or stations 

are major sources; or. 

(ii) For radionuclides, "major source" shall have the meaning specified by the 

Administrator by rule. 

(B) A major stationary source of air pollutants, as defined in section 302 of the Act, that 

directly emits or has the potential to emit, 100 TPY or more of any regulated air pollutant 

(except gross particulate matter) subject to regulation (including any major source of 

fugitive emissions of any such pollutant, as determined by rule by the Administrator). 

The fugitive emissions of a stationary source shall not be considered in determining 

whether it is a major stationary source for the purposes of section 302(j) of the Act, 

unless the source belongs to one of the following categories of stationary sources: 

(i) Coal cleaning plants (with thermal dryers); 

(ii) Kraft pulp mills; 

(iii) Portland cement plants; 

(iv) Primary zinc smelters; 

(v) Iron and steel mills; 

(vi) Primary aluminum ore reduction plants; 

(vii) Primary copper smelters; 
4 

(viii) Municipal incinerators capable of charging more than 250 tons of refuse per 

day; 

(ix) Hydrofluoric, sulfuric, or nitric acid plants; 

(x) Petroleum refineries; 

(xi) Lime plants; 

(xii) Phosphate rock processing plants; 

(xiii) Coke oven batteries; 

(xiv) Sulfur recovery plants; 

(xv) Carbon black plants (furnace process); 

(xvi) Primary lead smelters; 

(xvii) Fuel conversion plants; 

(xviii) Sintering plants; 

(xix) Secondary metal production plants; 

(xx) Chemical process plants (not including ethanol production facilities that 

produce ethanol by natural fermentation included in NAICS codes 325193 or 

312140); 

(xxi) Fossil-fuel boilers (or combination thereof) totaling more than 250 million 

British thermal units per hour heat input; 

(xxii) Petroleum storage and transfer units with a total storage capacity exceeding 

300,000 barrels; 

(xxiii) Taconite ore processing plants; 

(xxiv) Glass fiber processing plants; 

(xxv) Charcoal production plants; 

(xxvi) Fossil-fuel-fired steam electric plants of more than 250 million British thermal 

units per hour heat input; or 

(xxvii) All other stationary source categories which, as of August 7, 1980, are being 

regulated by a standard promulgated under section 111 or 112 of the Act. 

(C) A major stationary source as defined in part D of Title I of the Act, including: 

(i) For ozone non-attainment areas, sources with the potential to emit 100 TPY or 

more of volatile organic compounds or oxides of nitrogen in areas classified as 

"marginal" or "moderate," 50 TPY or more in areas classified as "serious," 25 TPY or 

more in areas classified as "severe," and 10 TPY or more in areas classified as 

"extreme"; except that the references in this paragraph to 100, 50, 25, and 10 TPY of 

nitrogen oxides shall not apply with respect to any source for which the 

Administrator has made a finding, under section 182(f)(1) or (2) of the Act, that 

requirements under section 182(f) of the Act do not apply; 

(ii) For ozone transport regions established pursuant to section 184 of the Act, 

sources with the potential to emit 50 TPY or more of volatile organic compounds; 

(iii) For carbon monoxide non-attainment areas: 

(I) that are classified as "serious"; and 

(II) in which stationary sources contribute significantly to carbon monoxide 

levels as determined under rules issued by the Administrator, sources with the 

potential to emit 50 TPY or more of carbon monoxide; and 

(iv) For particulate matter (PM-10) (PM10) non-attainment areas classified as 

"serious," sources with the potential to emit 70 TPY or more of PM-10 PM10. 

"Maximum capacity" means the quantity of air contaminants that theoretically could be 

emitted by a stationary source without control devices based on the design capacity or maximum 
5 

production capacity of the source and 8,760 hours of operation per year. In determining the 

maximum theoretical emissions of VOCs for a source, the design capacity or maximum 

production capacity shall include the use of raw materials, coatings and inks with the highest 

VOC content used in practice by the source. 

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

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

"Permit modification" means a revision to a Part 70 construction or operating permit that 

meets the requirements of OAC 252:100-8-7.2(b). 

"Permit program costs" means all reasonable (direct and indirect) costs required to develop 

and administer a permit program, as set forth in OAC 252:100-5-2.2 (whether such costs are 

incurred by the DEQ or other State or local agencies that do not issue permits directly, but that 

support permit issuance or administration). 

"Permit revision" means any permit modification or administrative permit amendment. 

"Potential to emit" means the maximum capacity of a stationary source to emit any air 

pollutant under its physical and operational design. Any physical or operational limitation on 

the capacity of a source to emit an air pollutant, including air pollution control equipment and 

restrictions on hours of operation or on the type or amount of material combusted, stored, or 

processed, shall be treated as part of its design if the limitation is enforceable by the 

Administrator. This term does not alter or affect the use of this term for any other purposes 

under the Act, or the term "capacity factor" as used in Title IV of the Act or the regulations 

promulgated thereunder. 

"Proposed permit" means the version of a permit that the DEQ proposes to issue and 

forwards to the Administrator for review in compliance with OAC 252:100-8-8. 

"Regulated air pollutant" means the following: 

(A) Nitrogen oxides or any volatile organic compound (VOC), including those 

substances defined in OAC 252:100-1-3, 252:100-37-2, and 252:100-39-2, except those 

specifically excluded in the EPA definition of VOC in 40 CFR 51.100(s); 

(B) Any pollutant for which a national ambient air quality standard has been 

promulgated; 

(C) Any pollutant that is subject to any standard promulgated under section 111 of the 

Act; 

(D) Any Class I or II ozone-depleting substance subject to a standard promulgated 

under or established by Title VI of the Act; 

(E) Any pollutant subject to a standard promulgated under section 112 or other 

requirements established under section 112 of the Act (Hazardous Air Pollutants), 

including sections 112(g) (Modifications), (j) (Equivalent Emission Limitation by Permit, 

and (r) (Prevention of Accidental Releases), including the following: 

(i) any pollutant subject to the requirements under section 112(j) of the Act. If the 

Administrator fails to promulgate a standard by the date established pursuant to 

section 112(e) of the Act (Schedule for Standards and Review), any pollutant for 

which a subject source would be major shall be considered to be regulated as to that 

source on the date 18 months after the applicable date established pursuant to section 

112(e) of the Act; and, 

(ii) any pollutant for which the requirements of section 112(g)(2) of the Act have 

been met, but only with respect to the individual source subject to the section 

112(g)(2) requirement; or 

(F) Any other substance for which an air emission limitation or equipment standard is 
6 

set by an existing permit or regulation. 

"Renewal" means the process by which a permit is reissued at the end of its term. 

"Section 502(b)(10) changes" means changes that contravene an express permit term. 

Such changes do not include changes that would violate applicable requirements or contravene 

federally enforceable permit terms and conditions that are monitoring (including test methods), 

recordkeeping, reporting, or compliance certification requirements. 

"Small unit" means a fossil fuel fired combustion device which serves a generator with a 

name plate capacity of 25 MWe or less. 

"State-only requirement" means any standard or requirement pursuant to Oklahoma Clean 

Air Act (27A O.S.§§ 2-5-101 through 2-5-118, as amended) that is not contained in the State 

Implementation Plan (SIP). 

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

"Stationary source" means any building, structure, facility, or installation that emits or may 

emit any regulated air pollutant or any pollutant listed under section 112(b) of the Act as it 

existed on January 2, 2006. 

"Subject to regulation" means, for any air pollutant, that the pollutant is subject to either a 

provision in the federal Clean Air Act, or a nationally-applicable regulation codified by the EPA 

Administrator in subchapter C of Chapter I of 40 CFR, that requires actual control of the 

quantity of emissions of that pollutant, and that such a control requirement has taken effect and 

is operative to control, limit, or restrict the quantity of emissions of that pollutant released from 

the regulated activity. Except that:

(A) Greenhouse gases (GHG) shall not be subject to regulation unless, as of July 1, 

2011, the GHG emissions are at a stationary source emitting or having the potential to 

emit 100,000 TPY CO2 equivalent emissions (CO2e) and are otherwise subject to 

regulation as previously described in this definition.

(B) The term TPY CO2 equivalent emissions (CO2e) shall represent an amount of GHG 

emitted, and shall be computed by multiplying the mass amount of emissions (TPY), for 

each of the six greenhouse gases in the pollutant GHG, by the gas' associated global 

warming potential (GWP) published in Table A-1 to subpart A of 40 CFR Part 98 –

Global Warming Potentials, and summing the resultant value for each to compute a TPY 

CO2e.

(C) If federal legislation or a federal court stays, invalidates, delays the effective date, or 

otherwise renders unenforceable by the EPA, in whole or in part, the EPA's tailoring rule 

(75 FR 31514, June 3, 2010), endangerment finding (74 FR 66496, December 15, 2009), 

or light-duty vehicle greenhouse gas emission standard (75 FR 25686, May 7, 2010), this 

definition shall be enforceable only to the extent that it is enforceable by the EPA.

"Trivial activities" means any individual or combination of air emissions units that are 

considered inconsequential and are on a list approved by the Administrator and contained in 

Appendix J. 

"Unit" means, for purposes of Title IV, a fossil fuel-fired combustion device. 

PART 7. PREVENTION OF SIGNIFICANT DETERIORATION (PSD) 

REQUIREMENTS FOR ATTAINMENT AREAS

252:100-8-31. Definitions 

The following words and terms when used in this Part shall have the following meaning, 
7 

unless the context clearly indicates otherwise. All terms used in this Part that are not defined in 

this Section shall have the meaning given to them in OAC 252:100-1-3, 252:100-8-1.1, or in the 

Oklahoma Clean Air Act. 

"Actual emissions" means the actual rate of emissions of a regulated NSR pollutant from an 

emissions unit, as determined in accordance with paragraphs (A) through (C) of this definition, 

except that this definition shall not apply for calculating whether a significant emissions increase 

has occurred, or for establishing a PAL under OAC 252:100-8-38. Instead, the definitions of 

"projected actual emissions" and "baseline actual emissions" shall apply for those purposes. 

(A) In general, actual emissions as of a particular date shall equal the average rate in 

TPY at which the unit actually emitted the pollutant during a consecutive 24-month 

period which precedes the particular date and which is representative of normal source 

operation. The Director shall allow the use of a different time period upon a 

determination that it is more representative of normal source operation. Actual 

emissions shall be calculated using the unit's actual operating hours, production rates, and 

types of materials processed, stored, or combusted during the selected time period. 

(B) The Director may presume that source-specific allowable emissions for the unit are 

equivalent to the actual emissions of the unit. 

(C) For any emissions unit that has not begun normal operations on the particular date, 

actual emissions shall equal the potential to emit of the unit on that date. 

"Allowable emissions" means the emission rate of a stationary source calculated using the 

maximum rated capacity of the source (unless the source is subject to enforceable limits which 

restrict the operating rate, or hours of operation, or both) and the most stringent of the following: 

(A) the applicable standards as set forth in 40 CFR Parts 60 and 61; 

(B) the applicable State rule allowable emissions; or, 

(C) the emissions rate specified as an enforceable permit condition. 

"Baseline actual emissions" means the rate of emissions, in TPY, of a regulated NSR 

pollutant, as determined in accordance with paragraphs (A) through (E) of this definition. 

(A) The baseline actual emissions shall be based on current emissions data and the unit's 

utilization during the period chosen. Current emission data means the most current and 

accurate emission factors available and could include emissions used in the source's latest 

permit or permit application, the most recent CEM data, stack test data, manufacturer's 

data, mass balance, engineering calculations, and other emission factors. 

(B) For any existing electric utility steam generating unit (EUSGU), baseline actual 

emissions means the average rate, in TPY, at which the unit actually emitted the pollutant 

during any consecutive 24-month period selected by the owner or operator within the 

5-year period immediately preceding the date that a complete permit application is 

received by the Director for a permit required under OAC 252:100-8. The Director shall 

allow the use of a different time period upon a determination that it is more 

representative of normal source operation. 

(i) The average rate shall include fugitive emissions to the extent quantifiable, and 

emissions associated with start-ups, shutdowns, and malfunctions. 

(ii) The average rate shall be adjusted downward to exclude any noncompliant 

emissions that occurred while the source was operating above an emission limitation 

that was legally enforceable during the consecutive 24-month period. 

(iii) For a regulated NSR pollutant, when a project involves multiple emissions units, 

only one consecutive 24-month period shall be used to determine the baseline actual 

emissions for all the emissions units affected by the project. A different consecutive 
8 

24-month period can be used for each regulated NSR pollutant. 

(iv) The average rate shall not be based on any consecutive 24-month period for 

which there is inadequate information for determining annual emissions, in TPY, and 

for adjusting this amount if required by (B)(ii) of this definition. 

(C) For an existing emissions unit (other than an EUSGU), baseline actual emissions 

means the average rate in TPY, at which the emissions unit actually emitted the pollutant 

during any consecutive 24-month period selected by the owner or operator within the 

10-year period immediately preceding either the date the owner or operator begins actual 

construction of the project, or the date a complete permit application is received by the 

Director for a permit required either under this Part or under a plan approved by the 

Administrator, whichever is earlier, except that the 10 year period shall not include any 

period earlier than November 15, 1990. 

(i) The average rate shall include fugitive emissions to the extent quantifiable, and 

emissions associated with startups, shutdowns, and malfunctions. 

(ii) The average rate shall be adjusted downward to exclude any noncompliant 

emissions that occurred while the source was operating above an emission limitation 

that was legally enforceable during the consecutive 24-month period. 

(iii) The average rate shall be adjusted downward to exclude any emissions that 

would have exceeded an emission limitation with which the major stationary source 

must currently comply, had such major stationary source been required to comply 

with such limitations during the consecutive 24-month period. However, if an 

emission limitation is part of a MACT standard that the Administrator proposed or 

promulgated under 40 CFR 63, the baseline actual emissions need only be adjusted if 

DEQ has taken credit for such emissions reduction in an attainment demonstration or 

maintenance plan consistent with requirements of 40 CFR 51.165(a)(3)(ii)(G). 

(iv) For a regulated NSR pollutant, when a project involves multiple emissions 

units, only one consecutive 24-month period must be used to determine the baseline 

actual emissions for the emissions units being changed. A different consecutive 

24-month period can be used for each regulated NSR pollutant. 

(v) The average rate shall not be based on any consecutive 24-month period for 

which there is inadequate information for determining annual emissions, in TPY, and 

for adjusting this amount if required by (C)(ii) and (iii) of this definition. 

(D) For a new emissions unit, the baseline actual emissions for purposes of determining 

the emissions increase that will result from the initial construction and operation of such 

unit shall equal zero; and thereafter, for all other purposes, shall equal the unit's potential 

to emit. 

(E) For a PAL for a stationary source, the baseline actual emissions shall be calculated 

for existing EUSGU in accordance with the procedures contained in paragraph (B) of this 

definition, for other existing emissions units in accordance with the procedures contained 

in Paragraph (C) of this definition, and for a new emissions unit in accordance with the 

procedures contained in paragraph (D) of this definition. 

"Baseline area" means any intrastate areas (and every part thereof) designated as attainment 

or unclassifiable under section 107(d)(1)(D) or (E) 107(d)(1)(A)(ii) or (iii) of the Act in which 

the major source or major modification establishing the minor source baseline date would 

construct or would have an air quality impact for the pollutant for which the baseline date is 

established, as follows: equal Equal to or greater than 1 μg/m3 (annual average) of the pollutant 

for which the minor source baseline date is established. for SO2, NO2, or PM10; or equal or 
9 

greater than 0.3 μg/m3

 (annual average) for PM2.5.

(A) Area redesignations under section 107(d)(1)(D) or (E) 107(d)(1)(A)(ii) or (iii) of the 

Act cannot intersect or be smaller than the area of impact of any major stationary source 

or major modification which: 

(i) establishes a minor source baseline date; or 

(ii) is subject to 40 CFR 52.21 or OAC 252:100-8, Part 7, and would be constructed 

in the same State as the State proposing the redesignation. 

(B) Any baseline area established originally for the TSP increments shall remain in 

effect and shall apply for purposes of determining the amount of available PM-10 PM10

increments, except that such baseline area shall not remain in effect if the Director 

rescinds the corresponding minor source baseline date in accordance with paragraph (D) 

of the definition of "baseline date". 

"Baseline concentration" means that ambient concentration level that exists in the baseline 

area at the time of the applicable minor source baseline date. 

(A) A baseline concentration is determined for each pollutant for which a minor source 

baseline date is established and shall include: 

(i) the actual emissions representative of sources in existence on the applicable 

minor source baseline date, except as provided in (B) of this definition. 

(ii) the allowable emissions of major stationary sources that commenced 

construction before the major source baseline date, but were not in operation by the 

applicable minor source baseline date. 

(B) The following will not be included in the baseline concentration and will affect the 

applicable maximum allowable increase(s): 

(i) actual emissions from any major stationary source on which construction 

commenced after the major source baseline date; and, 

(ii) actual emissions increases and decreases at any stationary source occurring 

after the minor source baseline date. 

"Baseline date" means: 

(A) Major source baseline date means: 

(i) in the case of particulate matter PM10 and sulfur dioxide, January 6, 1975, and;

(ii) in the case of nitrogen dioxide, February 8, 1988.; and

(iii) in the case of PM2.5, October 20, 2010.

(B) Minor source baseline date means the earliest date after the trigger date on which a 

major stationary source or major modification (subject to 40 CFR 52.21 or OAC 

252:100-8, Part 7) submits a complete application. The trigger date is: 

(i) in the case of particulate matter PM10 and sulfur dioxide, August 7, 1977, and;

(ii) in the case of nitrogen dioxide, February 8, 1988.; and

(iii) in the case of PM2.5, October 20, 2011.

(C) The baseline date is established for each pollutant for which increments or other 

equivalent measures have been established if: 

(i) the area in which the proposed source or modification would construct is 

designated as attainment or unclassifiable under section 107(d)(i)(D) or (E)

107(d)(1)(A)(ii) or (iii) of the Act for the pollutant on the date of its complete 

application under 40 CFR 52.21 or under OAC 252:100-8, Part 7; and 

(ii) in the case of a major stationary source, the pollutant would be emitted in 

significant amounts, or, in the case of a major modification, there would be a 

significant net emissions increase of the pollutant. 
10 

(D) Any minor source baseline date established originally for the TSP increments shall 

remain in effect and shall apply for purposes of determining the amount of available 

PM-10 PM10 increments, except that the Director may rescind any such minor source 

baseline date where it can be shown, to the satisfaction of the Director, that the emissions 

increase from the major stationary source, or the net emissions increase from the major 

modification, responsible for triggering that date did not result in a significant amount of 

PM-10 PM10 emissions. 

"Begin actual construction" means in general, initiation of physical on-site construction 

activities on an emissions unit which are of a permanent nature. 

(A) Such activities include, but are not limited to, installation of building supports and 

foundations, laying of underground pipework, and construction of permanent storage 

structures. 

(B) With respect to a change in method of operation this term refers to those on-site 

activities, other than preparatory activities, which mark the initiation of the change. 

"Best available control technology" or "BACT" means an emissions limitation (including 

a visible emissions standard) based on the maximum degree of reduction for each regulated NSR 

pollutant which would be emitted from any proposed major stationary source or major 

modification which the Director, on a case-by-case basis, taking into account energy, 

environmental, and economic impacts and other costs, determines is achievable for such source 

or modification through application of production processes or available methods, systems, and 

techniques, including fuel cleaning or treatment or innovative fuel combination techniques for 

control of such pollutant. In no event shall application of BACT result in emissions of any 

pollutant which would exceed the emissions allowed by any applicable standard under 40 CFR 

parts 60 and 61. If the Director determines that technological or economic limitations on the 

application of measurement methodology to a particular emissions unit would make the 

imposition of an emissions standard infeasible, a design, equipment, work practice, operational 

standard or combination thereof, may be prescribed instead to satisfy the requirement for the 

application of BACT. Such standard shall, to the degree possible, set forth the emissions 

reduction achievable by implementation of such design, equipment, work practice or operation, 

and shall provide for compliance by means which achieve equivalent results. 

"Clean coal technology" means any technology, including technologies applied at the 

precombustion, combustion, or post combustion stage, at a new or existing facility which will 

achieve significant reductions in air emissions of sulfur dioxide or oxides of nitrogen associated 

with the utilization of coal in the generation of electricity, or process steam which was not in 

widespread use as of November 15, 1990. 

"Clean coal technology demonstration project" means a project using funds appropriated 

under the heading "Department of Energy-Clean Coal Technology", up to a total amount of 

$2,500,000,000 for commercial demonstration of clean coal technology, or similar projects 

funded through appropriations for the EPA. The Federal contribution for a qualifying project 

shall be at least 20% of the total cost of the demonstration project. 

"Commence" means, as applied to construction of a major stationary source or major 

modification, that the owner or operator has all necessary preconstruction approvals or permits 

and either has: 

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

the source, to be completed within a reasonable time; or, 

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

cancelled or modified without substantial loss to the owner or operator, to undertake a 
11 

program of actual construction of the source to be completed within a reasonable time. 

"Construction" means any physical change or change in the method of operation (including 

fabrication, erection, installation, demolition, or modification of an emissions unit) that would 

result in a change in emissions. 

"Continuous emissions monitoring system" or "CEMS" means all of the equipment that 

may be required to meet the data acquisition and availability requirements to sample, condition 

(if applicable), analyze, and provide a record of emissions on a continuous basis. 

"Continuous emissions rate monitoring system" or "CERMS" means the total equipment 

required for the determination and recording of the pollutant mass emissions rate (in terms of 

mass per unit of time). 

"Continuous parameter monitoring system" or "CPMS" means all of the equipment 

necessary to meet the data acquisition and availability requirements to monitor process and 

control device operational parameters (for example, control device secondary voltages and 

electric currents) and other information (for example, gas flow rate, O2, or CO2 concentrations), 

and to record average operational parameter value(s) on a continuous basis. 

"Electric utility steam generating unit" or "EUSGU" means any steam electric generating 

unit that is constructed for the purpose of supplying more than one-third of its potential electric 

output capacity and more than 25 MW electrical output to any utility power distribution system 

for sale. Any steam supplied to a steam distribution system for the purpose of providing steam 

to a steam-electric generator that would produce electrical energy for sale is also considered in 

determining the electrical energy output capacity of the affected facility. 

"Emissions unit" means any part of a stationary source that emits or would have the 

potential to emit any regulated NSR pollutant and includes an EUSGU. There are two types of 

emissions units as described in paragraphs (A) and (B) of this definition. 

(A) A new emissions unit is any emissions unit that is (or will be) newly constructed 

and that has existed for less than 2 years from the date such emissions unit first operated. 

(B) An existing emissions unit is any emissions unit that does not meet the requirements 

in paragraph (A) of this definition. A replacement unit is an existing emissions unit. 

"Federal Land Manager" means with respect to any lands in the United States, the 

Secretary of the department with authority over such lands. 

"High terrain" means any area having an elevation 900 feet or more above the base of the 

stack of a source. 

"Innovative control technology" means any system of air pollution control that has not 

been adequately demonstrated in practice, but would have a substantial likelihood of achieving 

greater continuous emissions reduction than any control system in current practice or of 

achieving at least comparable reductions at lower cost in terms of energy, economics, or non-air 

quality environmental impacts. 

"Low terrain" means any area other than high terrain. 

"Major modification" means: 

(A) Any physical change in or change in the method of operation of a major stationary 

source that would result in a significant emissions increase of a regulated NSR pollutant 

and a significant net emissions increase of that pollutant from the major stationary source 

is a major modification. 

(i) Any significant emissions increase from any emissions units or net emissions 

increase at a major stationary source that is significant for VOC or NOX shall be 

considered significant for ozone. 

(ii) A physical change or change in the method of operation shall not include: 
12 

(I) routine maintenance, repair and replacement; 

(II) use of an alternative fuel or raw material by reason of any order under 

sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act 

of 1974 (or any superseding legislation) or by reason of a natural gas curtailment 

plan pursuant to the Federal Power Act; 

(III) use of an alternative fuel by reason of an order or rule under section 125 of 

the Act; 

(IV) use of an alternative fuel at a steam generating unit to the extent that the fuel 

is generated from municipal solid waste; 

(V) use of an alternative fuel or raw material by a stationary source which the 

source was capable of accommodating before January 6, 1975, (unless such 

change would be prohibited under any enforceable permit condition which was 

established after January 6, 1975) or the source is approved to use under any 

permit issued under 40 CFR 52.21 or OAC 252:100-7 or 252:100-8; 

(VI) an increase in the hours of operation or in the production rate, unless such 

change would be prohibited under any federally enforceable permit condition 

which was established after January 6, 1975; 

(VII) any change in source ownership; 

(VIII) the installation, operation, cessation, or removal of a temporary clean coal 

technology demonstration project, provided the project complies with OAC 

252:100 and other requirements necessary to attain and maintain the NAAQS 

during the project and after it is terminated; 

(IX) the installation or operation of a permanent clean coal technology 

demonstration project that constitutes repowering, provided that the project does 

not result in an increase in the potential to emit of any regulated pollutant (on a 

pollutant-by-pollutant basis) emitted by the unit; or 

(X) the reactivation of a very clean coal-fired EUSGU. 

(B) This definition shall not apply with respect to a particular regulated NSR pollutant 

when the major stationary source is complying with the requirements under OAC 

252:100-8-38 for a PAL for that pollutant. Instead, the definition of "PAL major 

modification" at 40 CFR 51.166(w)(2)(viii) shall apply. 

"Major stationary source" means 

(A) A major stationary source is: 

(i) any of the following stationary sources of air pollutants which emits, or has the 

potential to emit, 100 TPY or more of a regulated NSR pollutant: 

(I) carbon black plants (furnace process), 

(II) charcoal production plants, 

(III) chemical process plants, (not including ethanol production facilities that 

produce ethanol by natural fermentation included in NAICS codes 325193 or 

312140), 

(IV) coal cleaning plants (with thermal dryers), 

(V) coke oven batteries, 

(VI) fossil-fuel boilers (or combination thereof) totaling more than 250 million 

BTU per hour heat input, 

(VII) fossil fuel-fired steam electric plants of more than 250 million BTU per 

hour heat input, 

(VIII) fuel conversion plants, 
13 

(IX) glass fiber processing plants, 

(X) hydrofluoric, sulfuric or nitric acid plants, 

(XI) iron and steel mill plants, 

(XII) kraft pulp mills, 

(XIII) lime plants, 

(XIV) municipal incinerators capable of charging more than 50 250 tons of refuse 

per day, 

(XV) petroleum refineries, 

(XVI) petroleum storage and transfer units with a total storage capacity exceeding 

300,000 barrels, 

(XVII) phosphate rock processing plants, 

(XVIII) portland cement plants, 

(XIX) primary aluminum ore reduction plants, 

(XX) primary copper smelters, 

(XXI) primary lead smelters, 

(XXII) primary zinc smelters, 

(XXIII) secondary metal production plants, 

(XXIV) sintering plants, 

(XXV) sulfur recovery plants, or 

(XXVI) taconite ore processing plants; 

(ii) any other stationary source not on the list in (A)(i) of this definition which emits, 

or has the potential to emit, 250 TPY or more of a regulated NSR pollutant; 

(iii) any physical change that would occur at a stationary source not otherwise 

qualifying as a major stationary source under this definition if the change would 

constitute a major stationary source by itself. 

(B) A major source that is major for VOC or NOX shall be considered major for ozone. 

(C) The fugitive emissions of a stationary source shall not be included in determining 

for any of the purposes of this Part whether it is a major stationary source, unless the 

source belongs to one of the following categories of stationary sources: 

(i) the stationary sources listed in (A)(i) of this definition; 

(ii) any other stationary source category which, as of August 7, 1980, is being 

regulated under section 111 or 112 of the Act. 

"Necessary preconstruction approvals or permits" means those permits or approvals 

required under all applicable air quality control laws and rules. 

"Net emissions increase" means: 

(A) with respect to any regulated NSR pollutant emitted by a major stationary source, 

the amount by which the sum of the following exceeds zero: 

(i) the increase in emissions from a particular physical change or change in the 

method of operation at a stationary source as calculated pursuant to OAC 

252:100-8-30(b); and, 

(ii) any other increases and decreases in actual emissions at the major stationary 

source that are contemporaneous with the particular change and are otherwise 

creditable. Baseline actual emissions for calculating increases and decreases under 

(A)(ii) of this definition shall be determined as provided in the definition of "baseline 

actual emissions", except that (B)(iii) and (C)(iv) of that definition shall not apply. 

(B) An increase or decrease in actual emissions is contemporaneous with the increase 

from the particular change only if it occurs within 3 years before the date that the 
14 

increase from the particular change occurs. 

(C) An increase or decrease in actual emissions is creditable only if: 

(i) it is contemporaneous; and 

(ii) the Director has not relied on it in issuing a permit for the source under OAC 

252:100-8, Part 7, which permit is in effect when the increase in actual emissions 

from the particular change occurs. 

(D) An increase or decrease in actual emissions of sulfur dioxide, particulate matter, or 

nitrogen oxides that occurs before the applicable minor source baseline date is creditable 

only if it is required to be considered in calculating the amount of maximum allowable 

increases remaining available. 

(E) An increase in actual emissions is creditable only to the extent that the new level of 

actual emissions exceeds the old level. 

(F) A decrease in actual emissions is creditable only to the extent that it meets all the 

conditions in (F)(i) through (iii) of this definition. 

(i) It is creditable if the old level of actual emissions or the old level of allowable 

emissions, whichever is lower, exceeds the new level of actual emissions. 

(ii) It is creditable if it is enforceable as a practical matter at and after the time that 

actual construction on the particular change begins. 

(iii) It is creditable if it has approximately the same qualitative significance for public 

health and welfare as that attributed to the increase from the particular change. 

(G) An increase that results from a physical change at a source occurs when the 

emissions unit on which construction occurred becomes operational and begins to emit a 

particular pollutant. Any replacement unit that requires shakedown becomes operational 

only after a reasonable shakedown period, not to exceed 180 days. 

(H) Paragraph (A) of the definition of "actual emissions" shall not apply for determining 

creditable increases and decreases. 

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

under its physical and operational design. Any physical or operational limitation on the capacity 

of the source to emit a pollutant, including air pollution control equipment and restrictions on 

hours of operation or on the type or amount of material combusted, stored or processed, shall be 

treated as part of its design if the limitation or the effect it would have on emissions is 

enforceable. Secondary emissions do not count in determining the potential to emit of a 

stationary source. 

"Predictive emissions monitoring system" or "PEMS" means all of the equipment 

necessary to monitor process and control device operational parameters (for example, control 

device secondary voltages and electric currents) and other information (for example, gas flow 

rate, O2, or CO2 concentrations), and calculate and record the mass emissions rate (for example, 

lb/hr) on a continuous basis. 

"Prevention of Significant Deterioration (PSD) program" means a major source 

preconstruction permit program that has been approved by the Administrator and incorporated 

into the plan to implement the requirements of 40 CFR 51.166, or the program in 40 CFR 52.21. 

Any permit issued under such a program is a major NSR permit. 

"Project" means a physical change in, or change in method of operation of, an existing 

major stationary source. 

"Projected actual emissions" means 

(A) Projected actual emissions means the maximum annual rate, in TPY, at which an 

existing emissions unit is projected to emit a regulated NSR pollutant in any one of the 5 
15 

years (12-month period) following the date the unit resumes regular operation after the 

project, or in any one of the 10 years following that date, if the project involves 

increasing the emissions unit's design capacity or its potential to emit that regulated NSR 

pollutant, and full utilization of the unit would result in a significant emissions increase, 

or a significant net emissions increase at the major stationary source. 

(B) In determining the projected actual emissions under paragraph (A) of this definition 

(before beginning actual construction), the owner or operator of the major stationary 

source: 

(i) shall consider all relevant information, including but not limited to, historical 

operational data, the company's own representations, the company's expected 

business activity and the company's highest projections of business activity, the 

company's filings with the State or Federal regulatory authorities, and compliance 

plans under the approved plan; and 

(ii) shall include fugitive emissions to the extent quantifiable and emissions 

associated with start-ups, shutdowns, and malfunctions; and 

(iii) shall exclude, in calculating any increase in emissions that results from the 

particular project, that portion of the unit's emissions following the project that an 

existing unit could have accommodated during the consecutive 24-month period used 

to establish the baseline actual emissions and that are also unrelated to the particular 

project, including any increased utilization due to product demand growth; or, 

(iv) in lieu of using the method set out in (B)(i) through (iii) of this definition, may 

elect to use the emissions unit's potential to emit, in TPY. 

"Reactivation of a very clean coal-fired electric utility steam generating unit" means 

any physical change or change in the method of operation associated with the commencement of 

commercial operations by a coal-fired utility unit after a period of discontinued operation where 

the unit: 

(A) has not been in operation for the two-year period prior to the enactment of the Clean 

Air Act Amendments of 1990, and the emissions from such unit continue to be carried in 

the Department's emissions inventory at the time of enactment; 

(B) was equipped prior to shutdown with a continuous system of emissions control that 

achieves a removal efficiency for sulfur dioxide of no less than 85% and a removal 

efficiency for particulates of no less than 98%; 

(C) is equipped with low-NOX burners prior to the time of commencement of operations 

following reactivation; and 

(D) is otherwise in compliance with the requirements of the Act. 

"Regulated NSR pollutant" means 

(A) A regulated NSR pollutant is: 

(i) any pollutant for which a NAAQS has been promulgated and any pollutant 

identified under (A)(i) of this definition as a constituents or precursors for such 

pollutants identified by the Administrator (e.g., VOC and NOX are precursors for 

ozone); constituent or precursor to such pollutant. Precursors identified by the 

Administrator for purposes of NSR are the following:

(I) volatile organic compounds and nitrogen oxides are precursors to ozone in 

all attainment and unclassifiable areas.

(II) sulfur dioxide is a precursor to PM2.5 in all attainment and unclassifiable 

areas.

(III) nitrogen oxides are presumed to be precursors to PM2.5 in all attainment and 
16 

unclassifiable areas, unless the State demonstrates to the EPA Administrator's 

satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources 

in a specific area are not a significant contributor to that area's ambient PM2.5

concentrations.

(IV) volatile organic compounds are presumed not to be precursors to PM2.5 in 

any attainment or unclassifiable area, unless the State demonstrates to the EPA 

Administrator's satisfaction or EPA demonstrates that emissions of volatile 

organic compounds from sources in a specific area are a significant contributor to 

that area's ambient PM2.5 concentrations. 

(ii) any pollutant that is subject to any standard promulgated under section 111 of 

the Act; 

(iii) any Class I or II substance subject to a standard promulgated under or established 

by title VI of the Act; or 

(iv) any pollutant that otherwise is "subject to regulation" under the Act. as defined 

in the definition of "subject to regulation" in OAC 252:100-8-31; 

(v) PM emissions, PM2.5 emissions, and PM10 emissions shall include gaseous 

emissions from a source or activity which condense to form particulate matter at 

ambient temperatures. Such condensable particulate matter shall be accounted for in 

applicability determinations and in establishing emissions limitations for PM, PM2.5,

and PM10 in PSD permits.

(B) Regulated NSR pollutant does not include: 

(i) any or all HAP either listed in section 112 of the Act or added to the list 

pursuant to section 112(b)(2) of the Act, which have not been delisted pursuant to 

section 112(b)(3) of the Act, unless the listed HAP is also regulated as a constituent 

or precursor of a general pollutant listed under section 108 of the Act; or 

(ii) any pollutant that is regulated under section 112(r) of the Act, provided that such 

pollutant is not otherwise regulated under the Act. 

"Replacement unit" means an emissions unit for which all the criteria listed in paragraphs 

(A) through (D) of this definition are met. No creditable emission reduction shall be generated 

from shutting down the existing emissions unit that is replaced. 

(A) The emissions unit is a reconstructed unit within the meaning of 40 CFR 

60.15(b)(1), or the emissions unit completely takes the place of an existing emissions 

unit. 

(B) The emissions unit is identical to or functionally equivalent to the replaced 

emissions unit. 

(C) The replacement unit does not alter the basic design parameter(s) of the process 

unit. 

(D) The replaced emissions unit is permanently removed from the major stationary 

source, otherwise permanently disabled, or permanently barred from operating by a 

permit that is enforceable as a practical matter. If the replaced emissions unit is brought 

back into operation, it shall constitute a new emissions unit. 

"Repowering" means 

(A) Repowering shall mean the replacement of an existing coal-fired boiler with one of 

the following clean coal technologies: atmospheric or pressurized fluidized bed 

combustion, integrated gasification combined cycle, magnetohydrodynamics, direct and 

indirect coal-fired turbines, integrated gasification fuel cells, or as determined by the 

Administrator, in consultation with the Secretary of Energy, a derivative of one or more 
17 

of these technologies, and any other technology capable of controlling multiple 

combustion emissions simultaneously with improved boiler or generation efficiency and 

with significantly greater waste reduction relative to the performance of technology in 

widespread commercial use as of November 15, 1990. 

(B) Repowering shall also include any oil and/or gas-fired unit which has been awarded 

clean coal technology demonstration funding as of January 1, 1991, by the Department of 

Energy. 

(C) The Director shall give expedited consideration to permit applications for any 

source that satisfies the requirements of this definition and is granted an extension under 

section 409 of the Act. 

"Significant" means: 

(A) In reference to a net emissions increase or the potential of a source to emit any of 

the following pollutants, significant means a rate of emissions that would equal or exceed 

any of the following significant emission rates: 

(i) carbon monoxide: 100TPY, 

(ii) nitrogen oxides: 40 TPY, 

(iii) sulfur dioxide: 40 TPY, 

(iv) particulate matter: 25 TPY of particulate matter emissions or 15 TPY of PM-10 

PM10 emissions, 

(v) PM2.5: 10 TPY of direct PM2.5 emissions; 40 TPY of sulfur dioxide emissions; or 

40 TPY of nitrogen oxide emissions unless demonstrated not to be a PM2.5 precursor 

under the definition of "regulated NSR pollutant",

(v)(vi) ozone: 40 TPY of VOC or NOX, 

(vi)(vii) lead: 0.6 TPY, 

(vii)(viii) fluorides: 3 TPY, 

(viii)(ix) sulfuric acid mist: 7 TPY, 

(ix)(x) hydrogen sulfide (H2S): 10 TPY, 

(x)(xi) total reduced sulfur (including H2S): 10 TPY, 

(xi)(xii) reduced sulfur compounds (including H2S): 10 TPY, 

(xii)(xiii) municipal waste combustor organics (measured as total tetra-through 

octa-chlorinated dibenzo-p-dioxins and dibenzofurans): 3.5 x 10-6 TPY, 

(xiii)(xiv) municipal waste combustor metals (measured as particulate matter): 15 

TPY, 

(xiv)(xv) municipal waste combustor acid gases (measured as sulfur dioxide and 

hydrogen chloride): 40 TPY, 

(xv)(xvi) municipal solid waste landfill emissions (measured as nonmethane organic 

compounds): 50 TPY. 

(B) Notwithstanding (A) of this definition, "significant" means any Any emissions rate 

or any net emissions increase associated with a major stationary source or major 

modification which would construct within 6 miles of a Class I area, and have an impact 

on such area equal to or greater than 1 μg/m3 (24-hour average). 

"Significant emissions increase" means, for a regulated NSR pollutant, an increase in 

emissions that is significant for that pollutant. 

"Significant net emissions increase" means a significant emissions increase and a net 

increase. 

"Stationary source" means any building, structure, facility or installation which emits or 

may emit a regulated NSR pollutant. 
18 

"Subject to regulation" means, for any air pollutant, that the pollutant is subject to either a 

provision in the federal Clean Air Act, or a nationally-applicable regulation codified by the EPA 

Administrator in subchapter C of Chapter I of 40 CFR, that requires actual control of the 

quantity of emissions of that pollutant, and that such a control requirement has taken effect and 

is operative to control, limit, or restrict the quantity of emissions of that pollutant released from 

the regulated activity. Except that: 

(A) Greenhouse gases (GHG) shall not be subject to regulation except as provided in 

(D) through (E) of this definition.

(B) For purposes of (C) through (E) of this definition, the term TPY CO2 equivalent 

emissions (CO2e) shall represent an amount of GHG emitted, and shall be computed as 

follows:

(i) Multiplying the mass amount of emissions (in TPY), for each of the six 

greenhouse gases in the pollutant GHG, by the gas' associated global warming 

potential (GWP) published in Table A-1 to subpart A of 40 CFR Part 98 – Global 

Warming Potentials.

(ii) Summing the resultant value from (B)(i) of this definition for each gas to 

compute a TPY CO2e.

(C) The term emissions increase as used in (D) through (E) of this definition shall mean 

that both a significant emissions increase (as calculated using the procedures in OAC 

252:100-8-30(b)(1) through (5)) and a significant net emissions increase (as defined in 

the definitions of "net emissions increase" and "significant" in 252:100-8-31) occur. 

For the pollutant GHG, an emissions increase shall be based on TPY CO2e, and shall be 

calculated assuming the pollutant GHG is a regulated NSR pollutant, and "significant" is 

defined as 75,000 TPY CO2e and the emissions are otherwise subject to regulation as 

previously described in this definition.

(D) Beginning January 2, 2011, the pollutant GHG is subject to regulation if it meets 

the other requirements of this definition and if:

(i) The stationary source is a new major stationary source for a regulated NSR 

pollutant that is not GHG, and also will emit or will have the potential to emit 75,000 

TPY CO2e or more; or

(ii) The stationary source is an existing major stationary source for a regulated NSR 

pollutant that is not GHG, and also will have an emissions increase of a regulated 

NSR pollutant, and an emissions increase of 75,000 TPY CO2e or more.

(E) Beginning July 1, 2011, in addition to the provisions in (D) of this definition, the 

pollutant GHG shall also be subject to regulation:

(i) At a new stationary source that will emit or have the potential to emit 100,000 

TPY CO2e; or

(ii) At an existing stationary source that emits or has the potential to emit 100,000 

TPY CO2e, when such stationary source undertakes a physical change or change in 

the method of operation that will result in an emissions increase of 75,000 TPY CO2e 

or more.

(F) If federal legislation or a federal court stays, invalidates, delays the effective date, or 

otherwise renders unenforceable by the EPA, in whole or in part, the EPA's tailoring rule (75 

FR 31514, June 3, 2010), endangerment finding (74 FR 66496, December 15, 2009), or 

light-duty vehicle greenhouse gas emission standard (75 FR 25686, May 7, 2010), this 

definition shall be enforceable only to the extent that it is enforceable by the EPA.

"Temporary clean coal technology demonstration project" means a clean coal 
19 

technology demonstration project that is operated for a period of 5 years or less, and which 

complies with the Oklahoma Air Pollution Control Rules in OAC 252:100 and other 

requirements necessary to attain and/or maintain the NAAQS during and after the project is 

terminated. 

252:100-8-33. Exemptions 

(a) Exemptions from the requirements of OAC 252:100-8-34 through 252:100-8-36.2. 

(1) The requirements of OAC 252:100-8-34 through 252:100-8-36.2 do not apply to a 

particular major stationary source or major modification if the source or modification is: 

(A) a nonprofit health or nonprofit educational institution; or 

(B) major only if fugitive emissions, to the extent quantifiable, are included in 

calculating the potential to emit and such source is not one of the categories listed in 

paragraph (C) of the definition of "Major stationary source"; or 

(C) a portable stationary source which has previously received a permit under the 

requirements contained in OAC 252:100-8-34 through 252:100-8-36.2 and proposes to 

relocate to a temporary new location from which its emissions would not impact a Class I 

area or an area where an applicable increment is known to be violated. 

(2) The requirements in OAC 252:100-8-34 through 252:100-8-36.2 do not apply to a major 

stationary source or major modification with respect to a particular pollutant if the owner or 

operator demonstrates that the source or modification is located in an area designated as 

nonattainment for that pollutant under section 107 of the Act. 

(b) Exemption from air quality impact analyses in OAC 252:100-8-35(a) and (c) and 

252:100-8-35.2. 

(1) The requirements of OAC 252:100-8-35(a) and (c) and 252:100-8-35.2 are not 

applicable with respect to a particular pollutant, if the allowable emissions of that pollutant 

from a new source, or the net emissions increase of that pollutant from a modification, would 

be temporary and impact no Class I area and no area where an applicable increment is known 

to be violated. 

(2) The requirements of OAC 252:100-8-35(a) and (c) and 252:100-8-35.2 as they relate to 

any PSD increment for a Class II area do not apply to a modification of a major stationary 

source that was in existence on March 1, 1978, if the net increase in allowable emissions of 

each regulated NSR pollutant from the modification after the application of BACT, would be 

less than 50 TPY. 

(c) Exemption from air quality analysis requirements in OAC 252:100-8-35(c). 

(1) The monitoring requirements of OAC 252:100-8-35(c) regarding air quality analysis are 

not applicable for a particular pollutant if the emission increase of the pollutant from a 

proposed major stationary source or the net emissions increase of the pollutant from a major 

modification would cause, in any area, air quality impacts less than the following amounts

significant monitoring concentrations (SMC): 

(A) Carbon monoxide - 575 μg/m3

, 8-hour average, 

(B) Nitrogen dioxide - 14 μg/m3, annual average, 

(C) PM2.5 - 4 μg/m3, 24-hour average,

(C)(D) Particulate matter PM10 - 10 μg/m3

, TSP or PM-10, 24-hour average, 

(D)(E) Sulfur dioxide -13 μg/m3

, 24-hour average, 

(E)(F) Ozone - no de minimis air quality level is provided for ozone, however any net 

increase of 100 TPY or more of VOC or NOX subject to PSD would require an ambient 

impact analysis, including the gathering of ambient air quality data, 
20 

(F)(G) Lead - 0.1 μg/m3

, 24-hour 3-month average, 

(G)(H) Fluorides - 0.25 μg/m3

, 24-hour average, 

(H)(I) Total reduced sulfur - 10 μg/m3, 1-hour average, 

(I)(J) Hydrogen sulfide - 0.2 μg/m3, 1-hour average, or 

(J)(K) Reduced sulfur compounds - 10μg/m3

, 1-hour average. 

(2) The monitoring requirements of OAC 252:100-8-35(c) are not applicable for a 

particular pollutant if the pollutant is not listed in preceding OAC 252:100-8-33(c)(1). 

(d) Exemption from monitoring requirements in OAC 252:100-8-35(c)(1)(B) and (D). 

(1) The requirements for air quality monitoring in OAC 252:100-8-35(c)(1)(B) and (D) 

shall not apply to a particular source or modification that was subject to 40 CFR 52.21 as in 

effect on June 19, 1978, if a permit application was submitted on or before June 8, 1981, and 

the Director subsequently determined that the application was complete except for the 

requirements in OAC 252:100-8-35(c)(1)(B) and (D). Instead, the requirements in 40 CFR 

52.21(m)(2) as in effect on June 19, 1978, shall apply to any such source or modification. 

(2) The requirements for air quality monitoring in OAC 252:100-8-35(c)(1)(B) and (D) 

shall not apply to a particular source or modification that was not subject to 40 CFR 52.21 as 

in effect on June 19, 1978, if a permit application was submitted on or before June 8, 1981, 

and the Director subsequently determined that the application as submitted was complete, 

except for the requirements in OAC 252:100-8-35(c)(1)(B) and (D). 

(e) Exemption from the preapplication analysis required by OAC 252:100-8-35(c)(1)(A), 

(B), and (D). 

(1) The Director shall determine if the requirements for air quality monitoring of PM-10

PM10 in OAC 252:100-8-35(c)(1)(A), (B), and (D) may be waived for a particular source or 

modification when an application for a PSD permit was submitted on or before June l, 1988, 

and the Director subsequently determined that the application, except for the requirements 

for monitoring particulate matter under OAC 252:100-8-35(c)(1)(A), (B), and (D), was 

complete before that date. 

(2) The requirements for air quality monitoring of PM-10 PM10 in OAC 

252:100-8-35(c)(1)(B)(i), 252:100-8-35(c)(1)(D), and 252:100-8-35(c)(3) shall apply to a 

particular source or modification if an application for a permit was submitted after June l, 

1988, and no later than December 1, 1988. The data shall have been gathered over at least the 

period from February l, 1988, to the date the application became otherwise complete in 

accordance with the provisions of OAC 252:100-8-35(c)(1)(C), except that if the Director 

determines that a complete and adequate analysis can be accomplished with monitoring data 

over a shorter period (not to be less than 4 months), the data required by OAC 

252:100-8-35(c)(1)(B)(ii) shall have been gathered over that shorter period. 

(f) Exemption from BACT requirements and air quality analyses requirements. If a 

complete permit application for a source or modification was submitted before August 7, 1980 

the requirements for BACT in OAC 252:100-8-34 and the requirements for air quality analyses 

in OAC 252:100-8-35(c)(1) are not applicable to a particular stationary source or modification 

that was subject to 40 CFR 52.21 as in effect on June 19, 1978. Instead, the federal requirements 

at 40 CFR 52.21 (j) and (n) as in effect on June 19, 1978, are applicable to any such source or 

modification. 

(g) Exemption from OAC 252:100-8-35(a)(2) OAC 252:100-8-35(a)(1)(B). The permitting 

requirements of OAC 252:100-8-35(a)(2) OAC 252:100-8-35(a)(1)(B) do not apply to a 

stationary source or modification with respect to any PSD increment for nitrogen oxides if the 

owner or operator of the source or modification submitted a complete application for a permit 
21 

before February 8, 1988. 

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

(a) Source impact analysis (impact on NAAQS and PSD increment). The owner or operator 

of the proposed source or modification shall demonstrate that, as of the source's start-up date, 

allowable emissions increase from that source or modification, in conjunction with all other 

applicable emissions increases or reductions (including secondary emissions) would not cause or 

contribute to any increase in ambient concentrations that would exceed: 

(1) Required demonstration. The owner or operator of the proposed source or 

modification shall demonstrate that, as of the source's start-up date, allowable emissions 

increases from that source or modification, in conjunction with all other applicable emissions 

increases or reductions (including secondary emissions) would not cause or contribute to any 

increase in ambient concentrations that would exceed: 

(1)(A) any NAAQS in any air quality control region; or 

(2)(B) the remaining available PSD increment for the specified air contaminants in any 

area as determined by the Director. 

(2) Significant impact levels (SILs). For purposes of PM2.5, the demonstration required in 

OAC 252:100-8-35(a)(1) is deemed to have been made if the emissions increase from the 

new stationary source alone or from the modification alone would cause, in all areas, air 

quality impacts less than the following significant impact levels (SILs).

(A) The SILs for PM2.5 annual averaging time are 0.06 μg/m3 for a Class I Area, 0.3 

μg/m3 for a Class II Area, and 0.3 μg/m3 for a Class III Area.

(B) The SILs for PM2.5 24-hour averaging time are 0.07 μg/m3 for a Class I Area, 1.2 

μg/m3 for a Class II Area, and 1.2 μg/m3 for a Class III Area.

(b) Air quality models. 

(1) All estimates of ambient concentrations required under this Part shall be based on the 

applicable air quality models, data bases, and other requirements specified in appendix W of 

40 CFR 51 (Guideline on Air Quality Models) as it existed on January 2, 2006. 

(2) Where an air quality model specified in appendix W of 40 CFR 51 (Guideline on Air 

Quality Models) as it existed on January 2, 2006, is inappropriate, the model may be 

modified or another model substituted, as approved by the Administrator. Such a 

modification or substitution of a model may be made on a case-by-case basis or, where 

appropriate, on a generic basis. Modified or substitute models shall be submitted to the 

Administrator with written concurrence of the Director. In addition, use of a modified or 

substituted model must be subject to notice and opportunity for public comment under 

procedures set forth in Sec. 51.102 as it existed on January 2, 2006. 

(c) Air quality analysis. 

I. (1) Preapplication analysis. 

(A) Ambient air quality analysis. Any application for a permit 

under this Part shall contain, as the Director determines 

appropriate, an analysis of ambient air quality in the area 

that the major stationary source or major modification would 

affect for each of the following pollutants: 

(i) for a new source, each regulated pollutant that it would 

have the potential to emit in a significant amount; 

(ii) for a major modification, each regulated pollutant for 

which it would result in a significant net emissions increase. 

(B) Monitoring requirements. 

(i) Non-NAAQS pollutants. For any such pollutant for which 
22 

no NAAQS exists, the analysis shall contain such air quality 

monitoring data as the Director determines is necessary to 

assess the ambient air quality for that pollutant in that 

area. 

(ii) NAAQS pollutants. For visibility and any pollutant, 

other than VOC, for which a NAAQS does exist, the analysis 

shall contain continuous air quality monitoring data gathered 

to determine if emissions of that pollutant would cause or 

contribute to a violation of the NAAQS or any PSD increment. 

(C) Monitoring method. With respect to any requirements for 

air quality monitoring of PM-10 PM10 under OAC 252:100-8-33(e)(1) 

and (2), the owner or operator of the source or modification 

shall use a monitoring method approved by the Director and shall 

estimate the ambient concentrations of PM-10 PM10 using the data 

collected by such approved monitoring method in accordance with 

estimating procedures approved by the Director. 

(D) Monitoring period. In general, the required continuous 

air monitoring data shall have been gathered over a period of 

up to one year and shall represent the year preceding submission 

of the application. Ambient monitoring data gathered over a 

period shorter than one year (but no less than four months) 

or for a time period other than immediately preceding the 

application may be acceptable if such data are determined by 

the Director to be within the time period that maximum pollutant 

concentrations would occur, and to be complete and adequate 

for determining whether the source or modification will cause 

or contribute to a violation of any applicable NAAQS or consume 

more than the remaining available PSD increment. 

(E) Monitoring period exceptions. 

(i) Exceptions for applications that became effective 

between June 8, 1981, and February 9, 1982. For any 

application which became complete except for the monitoring 

requirements of OAC 252:100-8-35(c)(1)(B)(ii) and 

252:100-8-35(c)(1)(D), between June 8, 1981, and February 

9, 1982, the data that 252:100-8-35(c)(1)(B)(ii) requires 

shall have been gathered over the period from February 9, 

1981, to the date the application became otherwise complete, 

except that: 

(I) If the source or modification would have been major 

for that pollutant under 40 CFR 52.21 as in effect on June 

19, 1978, any monitoring data shall have been gathered 

over the period required by those regulations. 

(II) If the Director determines that a complete and 

adequate analysis can be accomplished with monitoring data 

over a shorter period, not to be less than four months, 

the data that OAC 252:100-8-35(c)(1)(B)(ii) requires shall 

have been gathered over that shorter period. 

(III) If the monitoring data would relate exclusively to 

ozone and would not have been required under 40 CFR 52.21 

as in effect on June 19, 1978, the Director may waive the 

otherwise applicable requirements of OAC 

252:100-8-35(c)(1)(E)(i) to the extent that the applicant 

shows that the monitoring data would be unrepresentative 

of air quality over a full year. 

(ii) Monitoring period exception for PM-10 PM10. For any 
23 

application that became complete, except for the requirements 

of OAC 252:100-8-35(c)(1)(B)(ii) and 252:100-8-35(c)(1)(D) 

pertaining to monitoring of PM-10 PM10, after December l, 1988, 

and no later than August l, 1989, the data that 

252:100-8-35(c)(1)(B)(ii) requires shall have been gathered 

over at least the period from August l, 1988, to the date 

the application becomes otherwise complete, except that if 

the Director determines that a complete and adequate analysis 

can be accomplished with monitoring data over a shorter period 

(not less than 4 months), the data that 

252:100-8-35(c)(1)(B)(ii) requires shall have been gathered 

over that shorter period. 

(F) Ozone post-approval monitoring. The owner or operator of 

a proposed major stationary source or major modification of 

VOC who satisfies all conditions of OAC 252:100-8-54 and 40 

CFR 51, Appendix S, Section IV as it existed on January 16, 

1979, may provide post-approval monitoring data for ozone in 

lieu of providing preconstruction data as required under OAC 

252:100-8-35(c)(1). 

(2) Post-construction monitoring. The owner or operator of a new 

major stationary source or major modification shall conduct, after 

construction, such ambient monitoring and visibility monitoring 

as the Director determines is necessary to determine the effect 

its emissions may have, or are having, on air quality in any area. 

(3) Operation of monitoring stations. The operation of monitoring 

stations for any air quality monitoring required under this Part 

shall meet the requirements of 40 CFR 58 Appendix B as it existed 

January 2, 2006. 

PART 9. MAJOR SOURCES AFFECTING NONATTAINMENT AREAS

252:100-8-50.1. Incorporation by reference 

(a) Inclusion of CFR citations and definitions. When a provision 

of Title 40 of the Code of Federal Regulations (40 CFR) is incorporated 

by reference, all citations contained therein are also incorporated 

by reference. 

(b) Terminology related to 40 CFR. When these terms are used in 

rules incorporated by reference from 40 CFR, the following terms 

or definitions shall apply. 

(1) "Baseline actual emissions" is synonymous with the definition 

of "baseline actual emissions" in OAC 252:100-8-31. 

(2) "Building, structure, facility, or installation" is 

synonymous with the definition of "building, structure, facility, 

or installation" in OAC 252:100-1-3. 

(3) "EPA" is synonymous with Department of Environmental Quality 

(DEQ) unless the context clearly indicates otherwise. 

(4) "Major modification" is synonymous with the definition of 

"major modification" in OAC 252:100-8-51. 

(5) "Net emissions increase" is synonymous with the definition 

of "net emissions increase" in OAC 252:100-8-51. 

(6) "Regulated NSR pollutant" is synonymous with the definition 

of "regulated NSR pollutant" in OAC 252:100-8-51.

(6) (7) "Reviewing authority" is synonymous with "Director". 

(7) (8) "Secondary emissions" is synonymous with the definition 
24 

of "secondary emissions" in OAC 252:100-8-1.1. 

(8)(9) "State implementation plan" is synonymous with OAC 

252:100. 

(9)(10) "Volatile organic compound (VOC)" is synonymous with the 

definition of "volatile organic compound" or "VOC" in OAC 

252:100-1-3. 

252:100-8-51. Definitions 

The definitions in 40 CFR 51.165(a)(1) are hereby incorporated 

by reference as they exist on July 2, 2007 July 1, 2010, except for 

the definitions found at 40 CFR 51.165(a)(1)(xxxv) "baseline actual 

emissions"; (ii) "building, structure, facility, or installation"; 

(xlv) "fixed capital cost"; (xliv) "functionally equivalent 

component"; (v) "major modification"; (vi) "net emissions increase"; 

(xliii) "process unit"; (xxxvii) "regulated NSR pollutant"; 

(xxxviii) "reviewing authority"; (viii) "secondary emissions"; 

(xlvi) "total capital investment"; and (xix) "volatile organic 

compound (VOC)". With the exception of "reviewing authority", "fixed 

capital cost", "functionally equivalent component", "process unit", 

and "total capital investment", these terms are defined in OAC 

252:100-8-31, 252:100-8-51, or 252:100-1-3. The following words 

and terms, when used in this Part, shall have the following meaning, 

unless the context clearly indicates otherwise. 

"Major modification" means: 

(A) Any physical change in, or change in the method of operation 

of, a major stationary source that would result in a significant 

emissions increase of a regulated NSR pollutant and a 

significant net emissions increase of that pollutant from the 

major stationary source is a major modification. 

(i) Any significant emissions increase from any emissions 

unit or net emissions increase at a major stationary source 

that is significant for VOC and/or oxides of nitrogen (NOX) 

shall be considered significant for ozone. 

(ii) A physical change or change in the method of operation 

shall not include: 

(I) routine maintenance, repair and replacement; 

(II) use of an alternative fuel or raw material by reason 

of any order under sections 2(a) and (b) of the Energy 

Supply and Environmental Coordination Act of 1974 (or any 

superseding legislation) or by reason of a natural gas 

curtailment plan pursuant to the Federal Power Act; 

(III) use of an alternative fuel by reason of an order 

or rule under section 125 of the Act; 

(IV) use of an alternative fuel at a steam generating unit 

to the extent that the fuel is generated from municipal 

solid waste; 

(V) use of an alternative fuel or raw material by a source 

which the source was capable of accommodating before 

December 21, 1976, unless such change would be prohibited 

under any federally enforceable permit condition which 

was established after December 21, 1976, or the source 

is approved to use under any permit issued under 40 CFR 

52.21 or OAC 252:100-7 or 8; 

(VI) an increase in the hours of operation or in the 

production rate unless such change would be prohibited 

under any federally enforceable permit condition which 
25 

was established after December 21, 1976; 

(VII) any change in source ownership; 

(VIII) the installation, operation, cessation, or removal 

of a temporary clean coal technology demonstration 

project, provided that the project complies with OAC 

252:100 and other requirements necessary to attain and 

maintain the NAAQS during the project and after it is 

terminated. 

(B) This definition shall not apply with respect to a 

particular regulated NSR pollutant when the major stationary 

source is complying with the requirements under OAC 252:100-8-56 

for a PAL for that pollutant. Instead the definition at 40 CFR 

51.165(f)(2)(viii) shall apply. 

(C) For the purpose of applying the requirements of OAC 

252:100-8-54.1(a) to modifications at major stationary sources 

of NOX located in ozone nonattainment areas or in ozone transport 

regions (as defined in 42 U.S.C. § 7511c), whether or not subject 

to subpart 2, part D, title I of the Act, any significant net 

emissions increase of NOX is considered significant for ozone. 

(D) Any physical change in, or change in the method of operation 

of, a major stationary source of VOCs that results in any 

increase in emissions of VOCs from any discrete operation, 

emissions unit, or other pollutant emitting activity at the 

source shall be considered a significant net emissions increase 

and a major modification for ozone, if the major stationary 

source is located in an extreme ozone nonattainment area that 

is subject to subpart 2, part D, title I of the Act. 

"Net emissions increase" means: 

(A) With respect to any regulated NSR pollutant emitted by 

a major stationary source, net emissions increase shall mean 

the amount by which the sum of the following exceeds zero: 

(i) the increase in emissions from a particular physical 

change or change in the method of operation at a stationary 

source as calculated pursuant to OAC 252:100-8-50(b); and, 

(ii) any other increases and decreases in actual emissions 

at the major stationary source that are contemporaneous with 

the particular change and are otherwise creditable. Baseline 

actual emissions for calculating increases and decreases 

under (A)(ii) of this definition shall be determined as 

provided in the definition of "baseline actual emissions", 

except that (B)(iii) and (C)(iv) of that definition shall 

not apply. 

(B) An increase or decrease in actual emissions is 

contemporaneous with the increase from the particular change 

only if it occurs within 3 years before the date that the increase 

from the particular change occurs. 

(C) An increase or decrease in actual emissions is creditable 

only if: 

(i) it is contemporaneous; and 

(ii) the Director has not relied on it in issuing a permit 

under OAC 252:100-8, Part 9, which permit is in effect when 

the increase in actual emissions from the particular change 

occurs. 

(D) An increase in actual emissions is creditable only to the 

extent that the new level of actual emissions exceeds the old 
26 

level. 

(E) A decrease in actual emissions is creditable only to the 

extent that: 

(i) the old level of actual emissions or the old level of 

allowable emissions, whichever is lower, exceeds the new 

level of actual emissions; 

(ii) it is enforceable as a practical matter at and after 

the time that actual construction on the particular change 

begins; 

(iii) the Director has not relied on it in issuing any permit 

under OAC 252:100; and, 

(iv) it has approximately the same qualitative significance 

for public health and welfare as that attributed to the 

increase from the particular change. 

(F) An increase that results from a physical change at a source 

occurs when the emission unit on which construction occurred 

becomes operational and begins to emit a particular pollutant. 

Any replacement unit that requires shakedown becomes 

operational after a reasonable shakedown period, not to exceed 

180 days. 

(G) Paragraph 40 CFR 51.165(a)(1)(xii)(B) of the definition 

of "actual emissions" shall not apply for determining creditable 

increases and decreases or after a change. 

"Regulated NSR pollutant" for purposes of this Part, means any 

or all of the following:

(A) Nitrogen oxides or volatile organic compounds;

(B) Any pollutant for which a NAAQS has been promulgated;

(C) Any pollutant that is identified under this paragraph as 

a constituent or precursor of a general pollutant listed under 

paragraph (A) or (B) of this definition, provided that such 

constituent or precursor pollutant may only be regulated under 

NSR as part of regulation of the general pollutant. Precursors 

identified by the Administrator for purposes of NSR are the 

following:

(i) Volatile organic compounds and nitrogen oxides are 

precursors to ozone in all ozone nonattainment areas.

(ii) Sulfur dioxide is a precursor to PM2.5 in all PM2.5

nonattainment areas.

(iii) Nitrogen oxides are presumed to be precursors to PM2.5

in all PM2.5 nonattainment areas, unless the State demonstrates 

to the Administrator's satisfaction or EPA demonstrates that 

emissions of nitrogen oxides from sources in a specific area 

are not a significant contributor to that area's ambient PM2.5

concentrations.

(iv) Volatile organic compounds and ammonia are presumed not 

to be precursors to PM2.5 in any PM2.5 nonattainment area, 

unless the State demonstrates to the Administrator's 

satisfaction or EPA demonstrates that emissions of volatile 

organic compounds or ammonia from sources in a specific area 

are a significant contributor to that area's ambient PM2.5

concentrations, or

(D) PM2.5 emissions and PM10 emissions, including gaseous 

emissions from a source or activity which condense to form 

particulate matter at ambient temperatures. Such condensable 

particulate matter shall be accounted for in applicability 
27 

determinations and in establishing emissions limitations for 

PM2.5 and PM10 in nonattainment major NSR permits.

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

(a) The requirements in 40 CFR 51.165(a)(3) regarding emissions 

reductions and offsets are hereby incorporated by reference as they 

exist on July 2, 2007. 

(b) Meeting the emissions offset requirements in subsection OAC 

252:100-8-51.1(a) for ozone nonattainment areas that are subject 

to subpart 2, part D, title I of the Act shall be in accordance with 

the requirements in 40 CFR 51.165(a)(9) which is hereby incorporated 

by reference as it exists on July 2, 2007. The requirements in 

subsection 40 CFR 51.165(a) (9) dealing with offset ratios are hereby 

incorporated by reference as they exist on July 1, 2010.

(c) The requirements in 40 CFR 51.165(a)(11) regarding emission 

offsets are hereby incorporated by reference as they exist on July 

1, 2010.

252:100-8-52. Applicability determination for sources in 

attainment areas causing or contributing to NAAQS violation 

(a) The requirements in 40 CFR 51.165(b) regarding a source located 

in an attainment or unclassifiable area but causing or contributing 

to a NAAQS violation are hereby incorporated by reference as they 

exist on July 2, 2007 December 20, 2010. 

(b) Sources of VOC located outside a designated ozone nonattainment 

area will be presumed to have no significant impact on the designated 

nonattainment area. If ambient monitoring indicates that the area 

of source location is in fact nonattainment, then the source may 

be granted its permit since the area has not yet been designated 

nonattainment. 

(c) Sources locating in an attainment area but impacting on a 

nonattainment area above the significant levels listed in OAC 

252:100-8-52(a) are exempted from the condition of OAC 

252:100-8-54(4)(A). 

(d) The determination whether a source or modification will cause 

or contribute to a violation of an applicable ambient air quality 

standard for sulfur dioxide, particulate matter or carbon monoxide 

will be made on a case-by-case basis as of the proposed new source's 

start-up date by an atmospheric simulation model. For sources of 

nitrogen oxides the model can be used for an initial determination 

assuming all the nitric oxide emitted is oxidized to nitrogen dioxide 

by the time the plume reaches ground level, and the initial 

concentration estimates will be adjusted if adequate data are 

available to account for the expected oxidation rate. 

(e) The determination as to whether a source would cause or 

contribute to a violation of applicable ambient air quality standards 

will be made on a case-by-case basis as of the new source's start-up 

date. Therefore, if a designated nonattainment area is projected 

to be attainment as part of the state implementation plan control 

strategy by the new source start-up date, offsets would not be 

required if the new source would not cause a new violation. 



1 

TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY

CHAPTER 100. AIR POLLUTION CONTROL

SUBCHAPTER 8. PERMITS FOR PART 70 SOURCES

PART 5. PERMITS FOR PART 70 SOURCES

252:100-8-2. Definitions

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

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

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

the Act. 

"Administratively complete" means an application that provides: 

(A) All information required under OAC 252:100-8-5(c), (d), or (e); 

(B) A landowner affidavit as required by OAC 252:2-15-20(b)(3); 

(C) The appropriate application fees as required by OAC 252:100-8-1.7; and 

(D) Certification by the responsible official as required by OAC 252:100-8-5(f). 

"Affected source" means the same as the meaning given to it in the regulations promulgated 

under Title IV (acid rain) of the Act. 

"Affected states" means: 

(A) all states: 

(i) That are one of the following contiguous states: Arkansas, Colorado, Kansas, 

Missouri, New Mexico and Texas, and 

(ii) That in the judgment of the DEQ may be directly affected by emissions from the 

facility seeking the permit, permit modification, or permit renewal being proposed; or 

(B) all states that are within 50 miles of the permitted source. 

"Affected unit" means the same as the meaning given to it in the regulations promulgated 

under Title IV (acid rain) of the Act. 

"Applicable requirement" means all of the following as they apply to emissions units in a 

Part 70 source subject to this Chapter (including requirements that have been promulgated or 

approved by EPA through rulemaking at the time of issuance but have future effective 

compliance dates): 

(A) Any standard or other requirements provided for in the applicable implementation 

plan approved or promulgated by EPA through rulemaking under Title I of the Act that 

implements the relevant requirements of the Act, including any revisions to that plan 

promulgated in 40 CFR Part 52; 

(B) Any term or condition of any preconstruction permits issued pursuant to regulations 

approved or promulgated through rulemaking under Title I, including parts C or D, of the 

Act; 

(C) Any standard or other requirement under section 111 of the Act, including section 

111(d); 

(D) Any standard or other requirement under section 112 of the Act, including any 

requirement concerning accident prevention under section 112(r)(7) of the Act, but not 

including the contents of any risk management plan required under 112(r) of the Act; 

(E) Any standard or other requirement of the acid rain program under Title IV of the 

Act or the regulations promulgated thereunder; 

(F) Any requirements established pursuant to section 504(b) or section 114(a)(3) of the 
2 

Act; 

(G) Any standard or other requirement governing solid waste incineration, under section 

129 of the Act; 

(H) Any standard or other requirement for consumer and commercial products, under 

section 183(e) of the Act; 

(I) Any standard or other requirement for tank vessels, under section 183(f) of the Act; 

(J) Any standard or other requirement of the regulations promulgated to protect 

stratospheric ozone under Title VI of the Act, unless the Administrator has determined 

that such requirements need not be contained in a Title V permit; and 

(K) Any national ambient air quality standard or increment or visibility requirement 

under part C of Title I of the Act, but only as it would apply to temporary sources 

permitted pursuant to section 504(e) of the Act. 

"Begin actual construction" means for purposes of this Part, that the owner or operator has 

begun the construction or installation of the emitting equipment on a pad or in the final location 

at the facility. 

"Designated representative" means with respect to affected units, a responsible person or 

official authorized by the owner or operator of a unit to represent the owner or operator in 

matters pertaining to the holding, transfer, or disposition of allowances allocated to a unit, and 

the submission of and compliance with permits, permit applications, and compliance plans for 

the unit. 

"Draft permit" means the version of a permit for which the DEQ offers public participation 

under 27A O.S.§§ 2-14-101 through 2-14-401 and OAC 252:4-7 or affected State review under 

OAC 252:100-8-8. 

"Emergency" means, when used in OAC 252:100-8-6(a)(3)(C)(iii)(I) and (e), any situation 

arising from sudden and reasonably unforeseeable events beyond the control of the source, 

including acts of God, which situation requires immediate corrective action to restore normal 

operation, and that causes the source to exceed a technology-based emission limitation under the 

permit, due to unavoidable increases in emissions attributable to the emergency. An emergency 

shall not include noncompliance to the extent caused by improperly designed equipment, lack of 

preventive maintenance, careless or improper operation, or operator error. 

"Emissions allowable under the permit" means a federally enforceable permit term or 

condition determined at issuance to be required by an applicable requirement that establishes an 

emissions limit (including a work practice standard) or a federally enforceable emissions cap that 

the source has assumed to avoid an applicable requirement to which the source would otherwise 

be subject. 

"Emissions unit" means any part or activity of a stationary source that emits or has the 

potential to emit any regulated air pollutant or any pollutant listed under section 112(b) of the 

Act. Fugitive emissions from valves, flanges, etc. associated with a specific unit process shall be 

identified with that specific emission unit. This term is not meant to alter or affect the definition 

of the term "unit" for purposes of Title IV of the Act. 

"Final permit" means the version of a part 70 permit issued by the DEQ that has completed 

all review procedures required by OAC 252:100-8-7 through 252:100-8-7.5 and OAC 

252:100-8-8. 

"Fugitive emissions" means those emissions of regulated air pollutants which could not 

reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening. 

"General permit" means a part 70 permit that meets the requirements of OAC 

252:100-8-6.1. 
3 

"Insignificant activities" means individual emissions units that are either on the list 

approved by the Administrator and contained in Appendix I, or whose actual calendar year 

emissions do not exceed any of the limits in (A) and (B) of this definition. Any activity to which 

a State or federal applicable requirement applies is not insignificant even if it meets the criteria 

below or is included on the insignificant activities list. 

(A) 5 tons per year (TPY) of any one criteria pollutant. 

(B) 2 tons per year for any one hazardous air pollutant (HAP) or 5 tons per year for an 

aggregate of two or more HAPs, or 20 percent of any threshold less than 10 tons per year 

for single HAP that the EPA may establish by rule. 

"MACT" means maximum achievable control technology. 

"Major source" means any stationary source (or any group of stationary sources that are 

located on one or more contiguous or adjacent properties and are under common control of the 

same person (or persons under common control)) belonging to a single major industrial grouping 

and that is described in subparagraph (A), (B), or (C) of this definition. For the purposes of 

defining "major source," a stationary source or group of stationary sources shall be considered 

part of a single industrial grouping if all of the pollutant emitting activities at such source or 

group of sources on contiguous or adjacent properties belong to the same Major Group (i.e., all 

have the same two-digit primary SIC code) as described in the Standard Industrial Classification 

Manual, 1987. 

(A) A major source under section 112 of the Act, which is defined as: 

(i) For pollutants other than radionuclides, any stationary source or group of 

stationary sources located within a contiguous area and under common control that 

emits or has the potential to emit, in the aggregate, 10 TPY or more of any hazardous 

air pollutant which has been listed pursuant to section 112(b) of the Act, 25 TPY or 

more of any combination of such hazardous air pollutants, or such lesser quantity as 

the Administrator may establish by rule. Notwithstanding the preceding sentence, 

emissions from any oil or gas exploration or production well (with its associated 

equipment) and emissions from any pipeline compressor or pump station shall not be 

aggregated with emissions from other similar units, whether or not such units are in a 

contiguous area or under common control, to determine whether such units or stations 

are major sources; or. 

(ii) For radionuclides, "major source" shall have the meaning specified by the 

Administrator by rule. 

(B) A major stationary source of air pollutants, as defined in section 302 of the Act, that 

directly emits or has the potential to emit, 100 TPY or more of any regulated air pollutant 

(except gross particulate matter) subject to regulation (including any major source of 

fugitive emissions of any such pollutant, as determined by rule by the Administrator). 

The fugitive emissions of a stationary source shall not be considered in determining 

whether it is a major stationary source for the purposes of section 302(j) of the Act, 

unless the source belongs to one of the following categories of stationary sources: 

(i) Coal cleaning plants (with thermal dryers); 

(ii) Kraft pulp mills; 

(iii) Portland cement plants; 

(iv) Primary zinc smelters; 

(v) Iron and steel mills; 

(vi) Primary aluminum ore reduction plants; 

(vii) Primary copper smelters; 
4 

(viii) Municipal incinerators capable of charging more than 250 tons of refuse per 

day; 

(ix) Hydrofluoric, sulfuric, or nitric acid plants; 

(x) Petroleum refineries; 

(xi) Lime plants; 

(xii) Phosphate rock processing plants; 

(xiii) Coke oven batteries; 

(xiv) Sulfur recovery plants; 

(xv) Carbon black plants (furnace process); 

(xvi) Primary lead smelters; 

(xvii) Fuel conversion plants; 

(xviii) Sintering plants; 

(xix) Secondary metal production plants; 

(xx) Chemical process plants (not including ethanol production facilities that 

produce ethanol by natural fermentation included in NAICS codes 325193 or 

312140); 

(xxi) Fossil-fuel boilers (or combination thereof) totaling more than 250 million 

British thermal units per hour heat input; 

(xxii) Petroleum storage and transfer units with a total storage capacity exceeding 

300,000 barrels; 

(xxiii) Taconite ore processing plants; 

(xxiv) Glass fiber processing plants; 

(xxv) Charcoal production plants; 

(xxvi) Fossil-fuel-fired steam electric plants of more than 250 million British thermal 

units per hour heat input; or 

(xxvii) All other stationary source categories which, as of August 7, 1980, are being 

regulated by a standard promulgated under section 111 or 112 of the Act. 

(C) A major stationary source as defined in part D of Title I of the Act, including: 

(i) For ozone non-attainment areas, sources with the potential to emit 100 TPY or 

more of volatile organic compounds or oxides of nitrogen in areas classified as 

"marginal" or "moderate," 50 TPY or more in areas classified as "serious," 25 TPY or 

more in areas classified as "severe," and 10 TPY or more in areas classified as 

"extreme"; except that the references in this paragraph to 100, 50, 25, and 10 TPY of 

nitrogen oxides shall not apply with respect to any source for which the 

Administrator has made a finding, under section 182(f)(1) or (2) of the Act, that 

requirements under section 182(f) of the Act do not apply; 

(ii) For ozone transport regions established pursuant to section 184 of the Act, 

sources with the potential to emit 50 TPY or more of volatile organic compounds; 

(iii) For carbon monoxide non-attainment areas: 

(I) that are classified as "serious"; and 

(II) in which stationary sources contribute significantly to carbon monoxide 

levels as determined under rules issued by the Administrator, sources with the 

potential to emit 50 TPY or more of carbon monoxide; and 

(iv) For particulate matter (PM-10) (PM10) non-attainment areas classified as 

"serious," sources with the potential to emit 70 TPY or more of PM-10 PM10. 

"Maximum capacity" means the quantity of air contaminants that theoretically could be 

emitted by a stationary source without control devices based on the design capacity or maximum 
5 

production capacity of the source and 8,760 hours of operation per year. In determining the 

maximum theoretical emissions of VOCs for a source, the design capacity or maximum 

production capacity shall include the use of raw materials, coatings and inks with the highest 

VOC content used in practice by the source. 

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

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

"Permit modification" means a revision to a Part 70 construction or operating permit that 

meets the requirements of OAC 252:100-8-7.2(b). 

"Permit program costs" means all reasonable (direct and indirect) costs required to develop 

and administer a permit program, as set forth in OAC 252:100-5-2.2 (whether such costs are 

incurred by the DEQ or other State or local agencies that do not issue permits directly, but that 

support permit issuance or administration). 

"Permit revision" means any permit modification or administrative permit amendment. 

"Potential to emit" means the maximum capacity of a stationary source to emit any air 

pollutant under its physical and operational design. Any physical or operational limitation on 

the capacity of a source to emit an air pollutant, including air pollution control equipment and 

restrictions on hours of operation or on the type or amount of material combusted, stored, or 

processed, shall be treated as part of its design if the limitation is enforceable by the 

Administrator. This term does not alter or affect the use of this term for any other purposes 

under the Act, or the term "capacity factor" as used in Title IV of the Act or the regulations 

promulgated thereunder. 

"Proposed permit" means the version of a permit that the DEQ proposes to issue and 

forwards to the Administrator for review in compliance with OAC 252:100-8-8. 

"Regulated air pollutant" means the following: 

(A) Nitrogen oxides or any volatile organic compound (VOC), including those 

substances defined in OAC 252:100-1-3, 252:100-37-2, and 252:100-39-2, except those 

specifically excluded in the EPA definition of VOC in 40 CFR 51.100(s); 

(B) Any pollutant for which a national ambient air quality standard has been 

promulgated; 

(C) Any pollutant that is subject to any standard promulgated under section 111 of the 

Act; 

(D) Any Class I or II ozone-depleting substance subject to a standard promulgated 

under or established by Title VI of the Act; 

(E) Any pollutant subject to a standard promulgated under section 112 or other 

requirements established under section 112 of the Act (Hazardous Air Pollutants), 

including sections 112(g) (Modifications), (j) (Equivalent Emission Limitation by Permit, 

and (r) (Prevention of Accidental Releases), including the following: 

(i) any pollutant subject to the requirements under section 112(j) of the Act. If the 

Administrator fails to promulgate a standard by the date established pursuant to 

section 112(e) of the Act (Schedule for Standards and Review), any pollutant for 

which a subject source would be major shall be considered to be regulated as to that 

source on the date 18 months after the applicable date established pursuant to section 

112(e) of the Act; and, 

(ii) any pollutant for which the requirements of section 112(g)(2) of the Act have 

been met, but only with respect to the individual source subject to the section 

112(g)(2) requirement; or 

(F) Any other substance for which an air emission limitation or equipment standard is 
6 

set by an existing permit or regulation. 

"Renewal" means the process by which a permit is reissued at the end of its term. 

"Section 502(b)(10) changes" means changes that contravene an express permit term. 

Such changes do not include changes that would violate applicable requirements or contravene 

federally enforceable permit terms and conditions that are monitoring (including test methods), 

recordkeeping, reporting, or compliance certification requirements. 

"Small unit" means a fossil fuel fired combustion device which serves a generator with a 

name plate capacity of 25 MWe or less. 

"State-only requirement" means any standard or requirement pursuant to Oklahoma Clean 

Air Act (27A O.S.§§ 2-5-101 through 2-5-118, as amended) that is not contained in the State 

Implementation Plan (SIP). 

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

"Stationary source" means any building, structure, facility, or installation that emits or may 

emit any regulated air pollutant or any pollutant listed under section 112(b) of the Act as it 

existed on January 2, 2006. 

"Subject to regulation" means, for any air pollutant, that the pollutant is subject to either a 

provision in the federal Clean Air Act, or a nationally-applicable regulation codified by the EPA 

Administrator in subchapter C of Chapter I of 40 CFR, that requires actual control of the 

quantity of emissions of that pollutant, and that such a control requirement has taken effect and 

is operative to control, limit, or restrict the quantity of emissions of that pollutant released from 

the regulated activity. Except that:

(A) Greenhouse gases (GHG) shall not be subject to regulation unless, as of July 1, 

2011, the GHG emissions are at a stationary source emitting or having the potential to 

emit 100,000 TPY CO2 equivalent emissions (CO2e) and are otherwise subject to 

regulation as previously described in this definition.

(B) The term TPY CO2 equivalent emissions (CO2e) shall represent an amount of GHG 

emitted, and shall be computed by multiplying the mass amount of emissions (TPY), for 

each of the six greenhouse gases in the pollutant GHG, by the gas' associated global 

warming potential (GWP) published in Table A-1 to subpart A of 40 CFR Part 98 –

Global Warming Potentials, and summing the resultant value for each to compute a TPY 

CO2e.

(C) If federal legislation or a federal court stays, invalidates, delays the effective date, or 

otherwise renders unenforceable by the EPA, in whole or in part, the EPA's tailoring rule 

(75 FR 31514, June 3, 2010), endangerment finding (74 FR 66496, December 15, 2009), 

or light-duty vehicle greenhouse gas emission standard (75 FR 25686, May 7, 2010), this 

definition shall be enforceable only to the extent that it is enforceable by the EPA.

"Trivial activities" means any individual or combination of air emissions units that are 

considered inconsequential and are on a list approved by the Administrator and contained in 

Appendix J. 

"Unit" means, for purposes of Title IV, a fossil fuel-fired combustion device. 

PART 7. PREVENTION OF SIGNIFICANT DETERIORATION (PSD) 

REQUIREMENTS FOR ATTAINMENT AREAS

252:100-8-31. Definitions 

The following words and terms when used in this Part shall have the following meaning, 
7 

unless the context clearly indicates otherwise. All terms used in this Part that are not defined in 

this Section shall have the meaning given to them in OAC 252:100-1-3, 252:100-8-1.1, or in the 

Oklahoma Clean Air Act. 

"Actual emissions" means the actual rate of emissions of a regulated NSR pollutant from an 

emissions unit, as determined in accordance with paragraphs (A) through (C) of this definition, 

except that this definition shall not apply for calculating whether a significant emissions increase 

has occurred, or for establishing a PAL under OAC 252:100-8-38. Instead, the definitions of 

"projected actual emissions" and "baseline actual emissions" shall apply for those purposes. 

(A) In general, actual emissions as of a particular date shall equal the average rate in 

TPY at which the unit actually emitted the pollutant during a consecutive 24-month 

period which precedes the particular date and which is representative of normal source 

operation. The Director shall allow the use of a different time period upon a 

determination that it is more representative of normal source operation. Actual 

emissions shall be calculated using the unit's actual operating hours, production rates, and 

types of materials processed, stored, or combusted during the selected time period. 

(B) The Director may presume that source-specific allowable emissions for the unit are 

equivalent to the actual emissions of the unit. 

(C) For any emissions unit that has not begun normal operations on the particular date, 

actual emissions shall equal the potential to emit of the unit on that date. 

"Allowable emissions" means the emission rate of a stationary source calculated using the 

maximum rated capacity of the source (unless the source is subject to enforceable limits which 

restrict the operating rate, or hours of operation, or both) and the most stringent of the following: 

(A) the applicable standards as set forth in 40 CFR Parts 60 and 61; 

(B) the applicable State rule allowable emissions; or, 

(C) the emissions rate specified as an enforceable permit condition. 

"Baseline actual emissions" means the rate of emissions, in TPY, of a regulated NSR 

pollutant, as determined in accordance with paragraphs (A) through (E) of this definition. 

(A) The baseline actual emissions shall be based on current emissions data and the unit's 

utilization during the period chosen. Current emission data means the most current and 

accurate emission factors available and could include emissions used in the source's latest 

permit or permit application, the most recent CEM data, stack test data, manufacturer's 

data, mass balance, engineering calculations, and other emission factors. 

(B) For any existing electric utility steam generating unit (EUSGU), baseline actual 

emissions means the average rate, in TPY, at which the unit actually emitted the pollutant 

during any consecutive 24-month period selected by the owner or operator within the 

5-year period immediately preceding the date that a complete permit application is 

received by the Director for a permit required under OAC 252:100-8. The Director shall 

allow the use of a different time period upon a determination that it is more 

representative of normal source operation. 

(i) The average rate shall include fugitive emissions to the extent quantifiable, and 

emissions associated with start-ups, shutdowns, and malfunctions. 

(ii) The average rate shall be adjusted downward to exclude any noncompliant 

emissions that occurred while the source was operating above an emission limitation 

that was legally enforceable during the consecutive 24-month period. 

(iii) For a regulated NSR pollutant, when a project involves multiple emissions units, 

only one consecutive 24-month period shall be used to determine the baseline actual 

emissions for all the emissions units affected by the project. A different consecutive 
8 

24-month period can be used for each regulated NSR pollutant. 

(iv) The average rate shall not be based on any consecutive 24-month period for 

which there is inadequate information for determining annual emissions, in TPY, and 

for adjusting this amount if required by (B)(ii) of this definition. 

(C) For an existing emissions unit (other than an EUSGU), baseline actual emissions 

means the average rate in TPY, at which the emissions unit actually emitted the pollutant 

during any consecutive 24-month period selected by the owner or operator within the 

10-year period immediately preceding either the date the owner or operator begins actual 

construction of the project, or the date a complete permit application is received by the 

Director for a permit required either under this Part or under a plan approved by the 

Administrator, whichever is earlier, except that the 10 year period shall not include any 

period earlier than November 15, 1990. 

(i) The average rate shall include fugitive emissions to the extent quantifiable, and 

emissions associated with startups, shutdowns, and malfunctions. 

(ii) The average rate shall be adjusted downward to exclude any noncompliant 

emissions that occurred while the source was operating above an emission limitation 

that was legally enforceable during the consecutive 24-month period. 

(iii) The average rate shall be adjusted downward to exclude any emissions that 

would have exceeded an emission limitation with which the major stationary source 

must currently comply, had such major stationary source been required to comply 

with such limitations during the consecutive 24-month period. However, if an 

emission limitation is part of a MACT standard that the Administrator proposed or 

promulgated under 40 CFR 63, the baseline actual emissions need only be adjusted if 

DEQ has taken credit for such emissions reduction in an attainment demonstration or 

maintenance plan consistent with requirements of 40 CFR 51.165(a)(3)(ii)(G). 

(iv) For a regulated NSR pollutant, when a project involves multiple emissions 

units, only one consecutive 24-month period must be used to determine the baseline 

actual emissions for the emissions units being changed. A different consecutive 

24-month period can be used for each regulated NSR pollutant. 

(v) The average rate shall not be based on any consecutive 24-month period for 

which there is inadequate information for determining annual emissions, in TPY, and 

for adjusting this amount if required by (C)(ii) and (iii) of this definition. 

(D) For a new emissions unit, the baseline actual emissions for purposes of determining 

the emissions increase that will result from the initial construction and operation of such 

unit shall equal zero; and thereafter, for all other purposes, shall equal the unit's potential 

to emit. 

(E) For a PAL for a stationary source, the baseline actual emissions shall be calculated 

for existing EUSGU in accordance with the procedures contained in paragraph (B) of this 

definition, for other existing emissions units in accordance with the procedures contained 

in Paragraph (C) of this definition, and for a new emissions unit in accordance with the 

procedures contained in paragraph (D) of this definition. 

"Baseline area" means any intrastate areas (and every part thereof) designated as attainment 

or unclassifiable under section 107(d)(1)(D) or (E) 107(d)(1)(A)(ii) or (iii) of the Act in which 

the major source or major modification establishing the minor source baseline date would 

construct or would have an air quality impact for the pollutant for which the baseline date is 

established, as follows: equal Equal to or greater than 1 μg/m3 (annual average) of the pollutant 

for which the minor source baseline date is established. for SO2, NO2, or PM10; or equal or 
9 

greater than 0.3 μg/m3 (annual average) for PM2.5.

(A) Area redesignations under section 107(d)(1)(D) or (E) 107(d)(1)(A)(ii) or (iii) of the 

Act cannot intersect or be smaller than the area of impact of any major stationary source 

or major modification which: 

(i) establishes a minor source baseline date; or 

(ii) is subject to 40 CFR 52.21 or OAC 252:100-8, Part 7, and would be constructed 

in the same State as the State proposing the redesignation. 

(B) Any baseline area established originally for the TSP increments shall remain in 

effect and shall apply for purposes of determining the amount of available PM-10 PM10

increments, except that such baseline area shall not remain in effect if the Director 

rescinds the corresponding minor source baseline date in accordance with paragraph (D) 

of the definition of "baseline date". 

"Baseline concentration" means that ambient concentration level that exists in the baseline 

area at the time of the applicable minor source baseline date. 

(A) A baseline concentration is determined for each pollutant for which a minor source 

baseline date is established and shall include: 

(i) the actual emissions representative of sources in existence on the applicable 

minor source baseline date, except as provided in (B) of this definition. 

(ii) the allowable emissions of major stationary sources that commenced 

construction before the major source baseline date, but were not in operation by the 

applicable minor source baseline date. 

(B) The following will not be included in the baseline concentration and will affect the 

applicable maximum allowable increase(s): 

(i) actual emissions from any major stationary source on which construction 

commenced after the major source baseline date; and, 

(ii) actual emissions increases and decreases at any stationary source occurring 

after the minor source baseline date. 

"Baseline date" means: 

(A) Major source baseline date means: 

(i) in the case of particulate matter PM10 and sulfur dioxide, January 6, 1975, and;

(ii) in the case of nitrogen dioxide, February 8, 1988.; and

(iii) in the case of PM2.5, October 20, 2010.

(B) Minor source baseline date means the earliest date after the trigger date on which a 

major stationary source or major modification (subject to 40 CFR 52.21 or OAC 

252:100-8, Part 7) submits a complete application. The trigger date is: 

(i) in the case of particulate matter PM10 and sulfur dioxide, August 7, 1977, and;

(ii) in the case of nitrogen dioxide, February 8, 1988.; and

(iii) in the case of PM2.5, October 20, 2011.

(C) The baseline date is established for each pollutant for which increments or other 

equivalent measures have been established if: 

(i) the area in which the proposed source or modification would construct is 

designated as attainment or unclassifiable under section 107(d)(i)(D) or (E)

107(d)(1)(A)(ii) or (iii) of the Act for the pollutant on the date of its complete 

application under 40 CFR 52.21 or under OAC 252:100-8, Part 7; and 

(ii) in the case of a major stationary source, the pollutant would be emitted in 

significant amounts, or, in the case of a major modification, there would be a 

significant net emissions increase of the pollutant. 
10 

(D) Any minor source baseline date established originally for the TSP increments shall 

remain in effect and shall apply for purposes of determining the amount of available 

PM-10 PM10 increments, except that the Director may rescind any such minor source 

baseline date where it can be shown, to the satisfaction of the Director, that the emissions 

increase from the major stationary source, or the net emissions increase from the major 

modification, responsible for triggering that date did not result in a significant amount of 

PM-10 PM10 emissions. 

"Begin actual construction" means in general, initiation of physical on-site construction 

activities on an emissions unit which are of a permanent nature. 

(A) Such activities include, but are not limited to, installation of building supports and 

foundations, laying of underground pipework, and construction of permanent storage 

structures. 

(B) With respect to a change in method of operation this term refers to those on-site 

activities, other than preparatory activities, which mark the initiation of the change. 

"Best available control technology" or "BACT" means an emissions limitation (including 

a visible emissions standard) based on the maximum degree of reduction for each regulated NSR 

pollutant which would be emitted from any proposed major stationary source or major 

modification which the Director, on a case-by-case basis, taking into account energy, 

environmental, and economic impacts and other costs, determines is achievable for such source 

or modification through application of production processes or available methods, systems, and 

techniques, including fuel cleaning or treatment or innovative fuel combination techniques for 

control of such pollutant. In no event shall application of BACT result in emissions of any 

pollutant which would exceed the emissions allowed by any applicable standard under 40 CFR 

parts 60 and 61. If the Director determines that technological or economic limitations on the 

application of measurement methodology to a particular emissions unit would make the 

imposition of an emissions standard infeasible, a design, equipment, work practice, operational 

standard or combination thereof, may be prescribed instead to satisfy the requirement for the 

application of BACT. Such standard shall, to the degree possible, set forth the emissions 

reduction achievable by implementation of such design, equipment, work practice or operation, 

and shall provide for compliance by means which achieve equivalent results. 

"Clean coal technology" means any technology, including technologies applied at the 

precombustion, combustion, or post combustion stage, at a new or existing facility which will 

achieve significant reductions in air emissions of sulfur dioxide or oxides of nitrogen associated 

with the utilization of coal in the generation of electricity, or process steam which was not in 

widespread use as of November 15, 1990. 

"Clean coal technology demonstration project" means a project using funds appropriated 

under the heading "Department of Energy-Clean Coal Technology", up to a total amount of 

$2,500,000,000 for commercial demonstration of clean coal technology, or similar projects 

funded through appropriations for the EPA. The Federal contribution for a qualifying project 

shall be at least 20% of the total cost of the demonstration project. 

"Commence" means, as applied to construction of a major stationary source or major 

modification, that the owner or operator has all necessary preconstruction approvals or permits 

and either has: 

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

the source, to be completed within a reasonable time; or, 

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

cancelled or modified without substantial loss to the owner or operator, to undertake a 
11 

program of actual construction of the source to be completed within a reasonable time. 

"Construction" means any physical change or change in the method of operation (including 

fabrication, erection, installation, demolition, or modification of an emissions unit) that would 

result in a change in emissions. 

"Continuous emissions monitoring system" or "CEMS" means all of the equipment that 

may be required to meet the data acquisition and availability requirements to sample, condition 

(if applicable), analyze, and provide a record of emissions on a continuous basis. 

"Continuous emissions rate monitoring system" or "CERMS" means the total equipment 

required for the determination and recording of the pollutant mass emissions rate (in terms of 

mass per unit of time). 

"Continuous parameter monitoring system" or "CPMS" means all of the equipment 

necessary to meet the data acquisition and availability requirements to monitor process and 

control device operational parameters (for example, control device secondary voltages and 

electric currents) and other information (for example, gas flow rate, O2, or CO2 concentrations), 

and to record average operational parameter value(s) on a continuous basis. 

"Electric utility steam generating unit" or "EUSGU" means any steam electric generating 

unit that is constructed for the purpose of supplying more than one-third of its potential electric 

output capacity and more than 25 MW electrical output to any utility power distribution system 

for sale. Any steam supplied to a steam distribution system for the purpose of providing steam 

to a steam-electric generator that would produce electrical energy for sale is also considered in 

determining the electrical energy output capacity of the affected facility. 

"Emissions unit" means any part of a stationary source that emits or would have the 

potential to emit any regulated NSR pollutant and includes an EUSGU. There are two types of 

emissions units as described in paragraphs (A) and (B) of this definition. 

(A) A new emissions unit is any emissions unit that is (or will be) newly constructed 

and that has existed for less than 2 years from the date such emissions unit first operated. 

(B) An existing emissions unit is any emissions unit that does not meet the requirements 

in paragraph (A) of this definition. A replacement unit is an existing emissions unit. 

"Federal Land Manager" means with respect to any lands in the United States, the 

Secretary of the department with authority over such lands. 

"High terrain" means any area having an elevation 900 feet or more above the base of the 

stack of a source. 

"Innovative control technology" means any system of air pollution control that has not 

been adequately demonstrated in practice, but would have a substantial likelihood of achieving 

greater continuous emissions reduction than any control system in current practice or of 

achieving at least comparable reductions at lower cost in terms of energy, economics, or non-air 

quality environmental impacts. 

"Low terrain" means any area other than high terrain. 

"Major modification" means: 

(A) Any physical change in or change in the method of operation of a major stationary 

source that would result in a significant emissions increase of a regulated NSR pollutant 

and a significant net emissions increase of that pollutant from the major stationary source 

is a major modification. 

(i) Any significant emissions increase from any emissions units or net emissions 

increase at a major stationary source that is significant for VOC or NOX shall be 

considered significant for ozone. 

(ii) A physical change or change in the method of operation shall not include: 
12 

(I) routine maintenance, repair and replacement; 

(II) use of an alternative fuel or raw material by reason of any order under 

sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act 

of 1974 (or any superseding legislation) or by reason of a natural gas curtailment 

plan pursuant to the Federal Power Act; 

(III) use of an alternative fuel by reason of an order or rule under section 125 of 

the Act; 

(IV) use of an alternative fuel at a steam generating unit to the extent that the fuel 

is generated from municipal solid waste; 

(V) use of an alternative fuel or raw material by a stationary source which the 

source was capable of accommodating before January 6, 1975, (unless such 

change would be prohibited under any enforceable permit condition which was 

established after January 6, 1975) or the source is approved to use under any 

permit issued under 40 CFR 52.21 or OAC 252:100-7 or 252:100-8; 

(VI) an increase in the hours of operation or in the production rate, unless such 

change would be prohibited under any federally enforceable permit condition 

which was established after January 6, 1975; 

(VII) any change in source ownership; 

(VIII) the installation, operation, cessation, or removal of a temporary clean coal 

technology demonstration project, provided the project complies with OAC 

252:100 and other requirements necessary to attain and maintain the NAAQS 

during the project and after it is terminated; 

(IX) the installation or operation of a permanent clean coal technology 

demonstration project that constitutes repowering, provided that the project does 

not result in an increase in the potential to emit of any regulated pollutant (on a 

pollutant-by-pollutant basis) emitted by the unit; or 

(X) the reactivation of a very clean coal-fired EUSGU. 

(B) This definition shall not apply with respect to a particular regulated NSR pollutant 

when the major stationary source is complying with the requirements under OAC 

252:100-8-38 for a PAL for that pollutant. Instead, the definition of "PAL major 

modification" at 40 CFR 51.166(w)(2)(viii) shall apply. 

"Major stationary source" means 

(A) A major stationary source is: 

(i) any of the following stationary sources of air pollutants which emits, or has the 

potential to emit, 100 TPY or more of a regulated NSR pollutant: 

(I) carbon black plants (furnace process), 

(II) charcoal production plants, 

(III) chemical process plants, (not including ethanol production facilities that 

produce ethanol by natural fermentation included in NAICS codes 325193 or 

312140), 

(IV) coal cleaning plants (with thermal dryers), 

(V) coke oven batteries, 

(VI) fossil-fuel boilers (or combination thereof) totaling more than 250 million 

BTU per hour heat input, 

(VII) fossil fuel-fired steam electric plants of more than 250 million BTU per 

hour heat input, 

(VIII) fuel conversion plants, 
13 

(IX) glass fiber processing plants, 

(X) hydrofluoric, sulfuric or nitric acid plants, 

(XI) iron and steel mill plants, 

(XII) kraft pulp mills, 

(XIII) lime plants, 

(XIV) municipal incinerators capable of charging more than 50 250 tons of refuse 

per day, 

(XV) petroleum refineries, 

(XVI) petroleum storage and transfer units with a total storage capacity exceeding 

300,000 barrels, 

(XVII) phosphate rock processing plants, 

(XVIII) portland cement plants, 

(XIX) primary aluminum ore reduction plants, 

(XX) primary copper smelters, 

(XXI) primary lead smelters, 

(XXII) primary zinc smelters, 

(XXIII) secondary metal production plants, 

(XXIV) sintering plants, 

(XXV) sulfur recovery plants, or 

(XXVI) taconite ore processing plants; 

(ii) any other stationary source not on the list in (A)(i) of this definition which emits, 

or has the potential to emit, 250 TPY or more of a regulated NSR pollutant; 

(iii) any physical change that would occur at a stationary source not otherwise 

qualifying as a major stationary source under this definition if the change would 

constitute a major stationary source by itself. 

(B) A major source that is major for VOC or NOX shall be considered major for ozone. 

(C) The fugitive emissions of a stationary source shall not be included in determining 

for any of the purposes of this Part whether it is a major stationary source, unless the 

source belongs to one of the following categories of stationary sources: 

(i) the stationary sources listed in (A)(i) of this definition; 

(ii) any other stationary source category which, as of August 7, 1980, is being 

regulated under section 111 or 112 of the Act. 

"Necessary preconstruction approvals or permits" means those permits or approvals 

required under all applicable air quality control laws and rules. 

"Net emissions increase" means: 

(A) with respect to any regulated NSR pollutant emitted by a major stationary source, 

the amount by which the sum of the following exceeds zero: 

(i) the increase in emissions from a particular physical change or change in the 

method of operation at a stationary source as calculated pursuant to OAC 

252:100-8-30(b); and, 

(ii) any other increases and decreases in actual emissions at the major stationary 

source that are contemporaneous with the particular change and are otherwise 

creditable. Baseline actual emissions for calculating increases and decreases under 

(A)(ii) of this definition shall be determined as provided in the definition of "baseline 

actual emissions", except that (B)(iii) and (C)(iv) of that definition shall not apply. 

(B) An increase or decrease in actual emissions is contemporaneous with the increase 

from the particular change only if it occurs within 3 years before the date that the 
14 

increase from the particular change occurs. 

(C) An increase or decrease in actual emissions is creditable only if: 

(i) it is contemporaneous; and 

(ii) the Director has not relied on it in issuing a permit for the source under OAC 

252:100-8, Part 7, which permit is in effect when the increase in actual emissions 

from the particular change occurs. 

(D) An increase or decrease in actual emissions of sulfur dioxide, particulate matter, or 

nitrogen oxides that occurs before the applicable minor source baseline date is creditable 

only if it is required to be considered in calculating the amount of maximum allowable 

increases remaining available. 

(E) An increase in actual emissions is creditable only to the extent that the new level of 

actual emissions exceeds the old level. 

(F) A decrease in actual emissions is creditable only to the extent that it meets all the 

conditions in (F)(i) through (iii) of this definition. 

(i) It is creditable if the old level of actual emissions or the old level of allowable 

emissions, whichever is lower, exceeds the new level of actual emissions. 

(ii) It is creditable if it is enforceable as a practical matter at and after the time that 

actual construction on the particular change begins. 

(iii) It is creditable if it has approximately the same qualitative significance for public 

health and welfare as that attributed to the increase from the particular change. 

(G) An increase that results from a physical change at a source occurs when the 

emissions unit on which construction occurred becomes operational and begins to emit a 

particular pollutant. Any replacement unit that requires shakedown becomes operational 

only after a reasonable shakedown period, not to exceed 180 days. 

(H) Paragraph (A) of the definition of "actual emissions" shall not apply for determining 

creditable increases and decreases. 

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

under its physical and operational design. Any physical or operational limitation on the capacity 

of the source to emit a pollutant, including air pollution control equipment and restrictions on 

hours of operation or on the type or amount of material combusted, stored or processed, shall be 

treated as part of its design if the limitation or the effect it would have on emissions is 

enforceable. Secondary emissions do not count in determining the potential to emit of a 

stationary source. 

"Predictive emissions monitoring system" or "PEMS" means all of the equipment 

necessary to monitor process and control device operational parameters (for example, control 

device secondary voltages and electric currents) and other information (for example, gas flow 

rate, O2, or CO2 concentrations), and calculate and record the mass emissions rate (for example, 

lb/hr) on a continuous basis. 

"Prevention of Significant Deterioration (PSD) program" means a major source 

preconstruction permit program that has been approved by the Administrator and incorporated 

into the plan to implement the requirements of 40 CFR 51.166, or the program in 40 CFR 52.21. 

Any permit issued under such a program is a major NSR permit. 

"Project" means a physical change in, or change in method of operation of, an existing 

major stationary source. 

"Projected actual emissions" means 

(A) Projected actual emissions means the maximum annual rate, in TPY, at which an 

existing emissions unit is projected to emit a regulated NSR pollutant in any one of the 5 
15 

years (12-month period) following the date the unit resumes regular operation after the 

project, or in any one of the 10 years following that date, if the project involves 

increasing the emissions unit's design capacity or its potential to emit that regulated NSR 

pollutant, and full utilization of the unit would result in a significant emissions increase, 

or a significant net emissions increase at the major stationary source. 

(B) In determining the projected actual emissions under paragraph (A) of this definition 

(before beginning actual construction), the owner or operator of the major stationary 

source: 

(i) shall consider all relevant information, including but not limited to, historical 

operational data, the company's own representations, the company's expected 

business activity and the company's highest projections of business activity, the 

company's filings with the State or Federal regulatory authorities, and compliance 

plans under the approved plan; and 

(ii) shall include fugitive emissions to the extent quantifiable and emissions 

associated with start-ups, shutdowns, and malfunctions; and 

(iii) shall exclude, in calculating any increase in emissions that results from the 

particular project, that portion of the unit's emissions following the project that an 

existing unit could have accommodated during the consecutive 24-month period used 

to establish the baseline actual emissions and that are also unrelated to the particular 

project, including any increased utilization due to product demand growth; or, 

(iv) in lieu of using the method set out in (B)(i) through (iii) of this definition, may 

elect to use the emissions unit's potential to emit, in TPY. 

"Reactivation of a very clean coal-fired electric utility steam generating unit" means 

any physical change or change in the method of operation associated with the commencement of 

commercial operations by a coal-fired utility unit after a period of discontinued operation where 

the unit: 

(A) has not been in operation for the two-year period prior to the enactment of the Clean 

Air Act Amendments of 1990, and the emissions from such unit continue to be carried in 

the Department's emissions inventory at the time of enactment; 

(B) was equipped prior to shutdown with a continuous system of emissions control that 

achieves a removal efficiency for sulfur dioxide of no less than 85% and a removal 

efficiency for particulates of no less than 98%; 

(C) is equipped with low-NOX burners prior to the time of commencement of operations 

following reactivation; and 

(D) is otherwise in compliance with the requirements of the Act. 

"Regulated NSR pollutant" means 

(A) A regulated NSR pollutant is: 

(i) any pollutant for which a NAAQS has been promulgated and any pollutant 

identified under (A)(i) of this definition as a constituents or precursors for such 

pollutants identified by the Administrator (e.g., VOC and NOX are precursors for 

ozone); constituent or precursor to such pollutant. Precursors identified by the 

Administrator for purposes of NSR are the following:

(I) volatile organic compounds and nitrogen oxides are precursors to ozone in 

all attainment and unclassifiable areas.

(II) sulfur dioxide is a precursor to PM2.5 in all attainment and unclassifiable 

areas.

(III) nitrogen oxides are presumed to be precursors to PM2.5 in all attainment and 
16 

unclassifiable areas, unless the State demonstrates to the EPA Administrator's 

satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources 

in a specific area are not a significant contributor to that area's ambient PM2.5

concentrations.

(IV) volatile organic compounds are presumed not to be precursors to PM2.5 in 

any attainment or unclassifiable area, unless the State demonstrates to the EPA 

Administrator's satisfaction or EPA demonstrates that emissions of volatile 

organic compounds from sources in a specific area are a significant contributor to 

that area's ambient PM2.5 concentrations. 

(ii) any pollutant that is subject to any standard promulgated under section 111 of 

the Act; 

(iii) any Class I or II substance subject to a standard promulgated under or established 

by title VI of the Act; or 

(iv) any pollutant that otherwise is "subject to regulation" under the Act. as defined 

in the definition of "subject to regulation" in OAC 252:100-8-31; 

(v) PM emissions, PM2.5 emissions, and PM10 emissions shall include gaseous 

emissions from a source or activity which condense to form particulate matter at 

ambient temperatures. Such condensable particulate matter shall be accounted for in 

applicability determinations and in establishing emissions limitations for PM, PM2.5,

and PM10 in PSD permits.

(B) Regulated NSR pollutant does not include: 

(i) any or all HAP either listed in section 112 of the Act or added to the list 

pursuant to section 112(b)(2) of the Act, which have not been delisted pursuant to 

section 112(b)(3) of the Act, unless the listed HAP is also regulated as a constituent 

or precursor of a general pollutant listed under section 108 of the Act; or 

(ii) any pollutant that is regulated under section 112(r) of the Act, provided that such 

pollutant is not otherwise regulated under the Act. 

"Replacement unit" means an emissions unit for which all the criteria listed in paragraphs 

(A) through (D) of this definition are met. No creditable emission reduction shall be generated 

from shutting down the existing emissions unit that is replaced. 

(A) The emissions unit is a reconstructed unit within the meaning of 40 CFR 

60.15(b)(1), or the emissions unit completely takes the place of an existing emissions 

unit. 

(B) The emissions unit is identical to or functionally equivalent to the replaced 

emissions unit. 

(C) The replacement unit does not alter the basic design parameter(s) of the process 

unit. 

(D) The replaced emissions unit is permanently removed from the major stationary 

source, otherwise permanently disabled, or permanently barred from operating by a 

permit that is enforceable as a practical matter. If the replaced emissions unit is brought 

back into operation, it shall constitute a new emissions unit. 

"Repowering" means 

(A) Repowering shall mean the replacement of an existing coal-fired boiler with one of 

the following clean coal technologies: atmospheric or pressurized fluidized bed 

combustion, integrated gasification combined cycle, magnetohydrodynamics, direct and 

indirect coal-fired turbines, integrated gasification fuel cells, or as determined by the 

Administrator, in consultation with the Secretary of Energy, a derivative of one or more 
17 

of these technologies, and any other technology capable of controlling multiple 

combustion emissions simultaneously with improved boiler or generation efficiency and 

with significantly greater waste reduction relative to the performance of technology in 

widespread commercial use as of November 15, 1990. 

(B) Repowering shall also include any oil and/or gas-fired unit which has been awarded 

clean coal technology demonstration funding as of January 1, 1991, by the Department of 

Energy. 

(C) The Director shall give expedited consideration to permit applications for any 

source that satisfies the requirements of this definition and is granted an extension under 

section 409 of the Act. 

"Significant" means: 

(A) In reference to a net emissions increase or the potential of a source to emit any of 

the following pollutants, significant means a rate of emissions that would equal or exceed 

any of the following significant emission rates: 

(i) carbon monoxide: 100TPY, 

(ii) nitrogen oxides: 40 TPY, 

(iii) sulfur dioxide: 40 TPY, 

(iv) particulate matter: 25 TPY of particulate matter emissions or 15 TPY of PM-10 

PM10 emissions, 

(v) PM2.5: 10 TPY of direct PM2.5 emissions; 40 TPY of sulfur dioxide emissions; or 

40 TPY of nitrogen oxide emissions unless demonstrated not to be a PM2.5 precursor 

under the definition of "regulated NSR pollutant",

(v)(vi) ozone: 40 TPY of VOC or NOX, 

(vi)(vii) lead: 0.6 TPY, 

(vii)(viii) fluorides: 3 TPY, 

(viii)(ix) sulfuric acid mist: 7 TPY, 

(ix)(x) hydrogen sulfide (H2S): 10 TPY, 

(x)(xi) total reduced sulfur (including H2S): 10 TPY, 

(xi)(xii) reduced sulfur compounds (including H2S): 10 TPY, 

(xii)(xiii) municipal waste combustor organics (measured as total tetra-through 

octa-chlorinated dibenzo-p-dioxins and dibenzofurans): 3.5 x 10-6 TPY, 

(xiii)(xiv) municipal waste combustor metals (measured as particulate matter): 15 

TPY, 

(xiv)(xv) municipal waste combustor acid gases (measured as sulfur dioxide and 

hydrogen chloride): 40 TPY, 

(xv)(xvi) municipal solid waste landfill emissions (measured as nonmethane organic 

compounds): 50 TPY. 

(B) Notwithstanding (A) of this definition, "significant" means any Any emissions rate 

or any net emissions increase associated with a major stationary source or major 

modification which would construct within 6 miles of a Class I area, and have an impact 

on such area equal to or greater than 1 μg/m3 (24-hour average). 

"Significant emissions increase" means, for a regulated NSR pollutant, an increase in 

emissions that is significant for that pollutant. 

"Significant net emissions increase" means a significant emissions increase and a net 

increase. 

"Stationary source" means any building, structure, facility or installation which emits or 

may emit a regulated NSR pollutant. 
18 

"Subject to regulation" means, for any air pollutant, that the pollutant is subject to either a 

provision in the federal Clean Air Act, or a nationally-applicable regulation codified by the EPA 

Administrator in subchapter C of Chapter I of 40 CFR, that requires actual control of the 

quantity of emissions of that pollutant, and that such a control requirement has taken effect and 

is operative to control, limit, or restrict the quantity of emissions of that pollutant released from 

the regulated activity. Except that: 

(A) Greenhouse gases (GHG) shall not be subject to regulation except as provided in 

(D) through (E) of this definition.

(B) For purposes of (C) through (E) of this definition, the term TPY CO2 equivalent 

emissions (CO2e) shall represent an amount of GHG emitted, and shall be computed as 

follows:

(i) Multiplying the mass amount of emissions (in TPY), for each of the six 

greenhouse gases in the pollutant GHG, by the gas' associated global warming 

potential (GWP) published in Table A-1 to subpart A of 40 CFR Part 98 – Global 

Warming Potentials.

(ii) Summing the resultant value from (B)(i) of this definition for each gas to 

compute a TPY CO2e.

(C) The term emissions increase as used in (D) through (E) of this definition shall mean 

that both a significant emissions increase (as calculated using the procedures in OAC 

252:100-8-30(b)(1) through (5)) and a significant net emissions increase (as defined in 

the definitions of "net emissions increase" and "significant" in 252:100-8-31) occur. 

For the pollutant GHG, an emissions increase shall be based on TPY CO2e, and shall be 

calculated assuming the pollutant GHG is a regulated NSR pollutant, and "significant" is 

defined as 75,000 TPY CO2e and the emissions are otherwise subject to regulation as 

previously described in this definition.

(D) Beginning January 2, 2011, the pollutant GHG is subject to regulation if it meets 

the other requirements of this definition and if:

(i) The stationary source is a new major stationary source for a regulated NSR 

pollutant that is not GHG, and also will emit or will have the potential to emit 75,000 

TPY CO2e or more; or

(ii) The stationary source is an existing major stationary source for a regulated NSR 

pollutant that is not GHG, and also will have an emissions increase of a regulated 

NSR pollutant, and an emissions increase of 75,000 TPY CO2e or more.

(E) Beginning July 1, 2011, in addition to the provisions in (D) of this definition, the 

pollutant GHG shall also be subject to regulation:

(i) At a new stationary source that will emit or have the potential to emit 100,000 

TPY CO2e; or

(ii) At an existing stationary source that emits or has the potential to emit 100,000 

TPY CO2e, when such stationary source undertakes a physical change or change in 

the method of operation that will result in an emissions increase of 75,000 TPY CO2e 

or more.

(F) If federal legislation or a federal court stays, invalidates, delays the effective date, or 

otherwise renders unenforceable by the EPA, in whole or in part, the EPA's tailoring rule (75 

FR 31514, June 3, 2010), endangerment finding (74 FR 66496, December 15, 2009), or 

light-duty vehicle greenhouse gas emission standard (75 FR 25686, May 7, 2010), this 

definition shall be enforceable only to the extent that it is enforceable by the EPA.

"Temporary clean coal technology demonstration project" means a clean coal 
19 

technology demonstration project that is operated for a period of 5 years or less, and which 

complies with the Oklahoma Air Pollution Control Rules in OAC 252:100 and other 

requirements necessary to attain and/or maintain the NAAQS during and after the project is 

terminated. 

252:100-8-33. Exemptions 

(a) Exemptions from the requirements of OAC 252:100-8-34 through 252:100-8-36.2. 

(1) The requirements of OAC 252:100-8-34 through 252:100-8-36.2 do not apply to a 

particular major stationary source or major modification if the source or modification is: 

(A) a nonprofit health or nonprofit educational institution; or 

(B) major only if fugitive emissions, to the extent quantifiable, are included in 

calculating the potential to emit and such source is not one of the categories listed in 

paragraph (C) of the definition of "Major stationary source"; or 

(C) a portable stationary source which has previously received a permit under the 

requirements contained in OAC 252:100-8-34 through 252:100-8-36.2 and proposes to 

relocate to a temporary new location from which its emissions would not impact a Class I 

area or an area where an applicable increment is known to be violated. 

(2) The requirements in OAC 252:100-8-34 through 252:100-8-36.2 do not apply to a major 

stationary source or major modification with respect to a particular pollutant if the owner or 

operator demonstrates that the source or modification is located in an area designated as 

nonattainment for that pollutant under section 107 of the Act. 

(b) Exemption from air quality impact analyses in OAC 252:100-8-35(a) and (c) and 

252:100-8-35.2. 

(1) The requirements of OAC 252:100-8-35(a) and (c) and 252:100-8-35.2 are not 

applicable with respect to a particular pollutant, if the allowable emissions of that pollutant 

from a new source, or the net emissions increase of that pollutant from a modification, would 

be temporary and impact no Class I area and no area where an applicable increment is known 

to be violated. 

(2) The requirements of OAC 252:100-8-35(a) and (c) and 252:100-8-35.2 as they relate to 

any PSD increment for a Class II area do not apply to a modification of a major stationary 

source that was in existence on March 1, 1978, if the net increase in allowable emissions of 

each regulated NSR pollutant from the modification after the application of BACT, would be 

less than 50 TPY. 

(c) Exemption from air quality analysis requirements in OAC 252:100-8-35(c). 

(1) The monitoring requirements of OAC 252:100-8-35(c) regarding air quality analysis are 

not applicable for a particular pollutant if the emission increase of the pollutant from a 

proposed major stationary source or the net emissions increase of the pollutant from a major 

modification would cause, in any area, air quality impacts less than the following amounts

significant monitoring concentrations (SMC): 

(A) Carbon monoxide - 575 μg/m3

, 8-hour average, 

(B) Nitrogen dioxide - 14 μg/m3, annual average, 

(C) PM2.5 - 4 μg/m3, 24-hour average,

(C)(D) Particulate matter PM10 - 10 μg/m3

, TSP or PM-10, 24-hour average, 

(D)(E) Sulfur dioxide -13 μg/m3

, 24-hour average, 

(E)(F) Ozone - no de minimis air quality level is provided for ozone, however any net 

increase of 100 TPY or more of VOC or NOX subject to PSD would require an ambient 

impact analysis, including the gathering of ambient air quality data, 
20 

(F)(G) Lead - 0.1 μg/m3, 24-hour 3-month average, 

(G)(H) Fluorides - 0.25 μg/m3

, 24-hour average, 

(H)(I) Total reduced sulfur - 10 μg/m3, 1-hour average, 

(I)(J) Hydrogen sulfide - 0.2 μg/m3, 1-hour average, or 

(J)(K) Reduced sulfur compounds - 10μg/m3

, 1-hour average. 

(2) The monitoring requirements of OAC 252:100-8-35(c) are not applicable for a 

particular pollutant if the pollutant is not listed in preceding OAC 252:100-8-33(c)(1). 

(d) Exemption from monitoring requirements in OAC 252:100-8-35(c)(1)(B) and (D). 

(1) The requirements for air quality monitoring in OAC 252:100-8-35(c)(1)(B) and (D) 

shall not apply to a particular source or modification that was subject to 40 CFR 52.21 as in 

effect on June 19, 1978, if a permit application was submitted on or before June 8, 1981, and 

the Director subsequently determined that the application was complete except for the 

requirements in OAC 252:100-8-35(c)(1)(B) and (D). Instead, the requirements in 40 CFR 

52.21(m)(2) as in effect on June 19, 1978, shall apply to any such source or modification. 

(2) The requirements for air quality monitoring in OAC 252:100-8-35(c)(1)(B) and (D) 

shall not apply to a particular source or modification that was not subject to 40 CFR 52.21 as 

in effect on June 19, 1978, if a permit application was submitted on or before June 8, 1981, 

and the Director subsequently determined that the application as submitted was complete, 

except for the requirements in OAC 252:100-8-35(c)(1)(B) and (D). 

(e) Exemption from the preapplication analysis required by OAC 252:100-8-35(c)(1)(A), 

(B), and (D). 

(1) The Director shall determine if the requirements for air quality monitoring of PM-10

PM10 in OAC 252:100-8-35(c)(1)(A), (B), and (D) may be waived for a particular source or 

modification when an application for a PSD permit was submitted on or before June l, 1988, 

and the Director subsequently determined that the application, except for the requirements 

for monitoring particulate matter under OAC 252:100-8-35(c)(1)(A), (B), and (D), was 

complete before that date. 

(2) The requirements for air quality monitoring of PM-10 PM10 in OAC 

252:100-8-35(c)(1)(B)(i), 252:100-8-35(c)(1)(D), and 252:100-8-35(c)(3) shall apply to a 

particular source or modification if an application for a permit was submitted after June l, 

1988, and no later than December 1, 1988. The data shall have been gathered over at least the 

period from February l, 1988, to the date the application became otherwise complete in 

accordance with the provisions of OAC 252:100-8-35(c)(1)(C), except that if the Director 

determines that a complete and adequate analysis can be accomplished with monitoring data 

over a shorter period (not to be less than 4 months), the data required by OAC 

252:100-8-35(c)(1)(B)(ii) shall have been gathered over that shorter period. 

(f) Exemption from BACT requirements and air quality analyses requirements. If a 

complete permit application for a source or modification was submitted before August 7, 1980 

the requirements for BACT in OAC 252:100-8-34 and the requirements for air quality analyses 

in OAC 252:100-8-35(c)(1) are not applicable to a particular stationary source or modification 

that was subject to 40 CFR 52.21 as in effect on June 19, 1978. Instead, the federal requirements 

at 40 CFR 52.21 (j) and (n) as in effect on June 19, 1978, are applicable to any such source or 

modification. 

(g) Exemption from OAC 252:100-8-35(a)(2) OAC 252:100-8-35(a)(1)(B). The permitting 

requirements of OAC 252:100-8-35(a)(2) OAC 252:100-8-35(a)(1)(B) do not apply to a 

stationary source or modification with respect to any PSD increment for nitrogen oxides if the 

owner or operator of the source or modification submitted a complete application for a permit 
21 

before February 8, 1988. 

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

(a) Source impact analysis (impact on NAAQS and PSD increment). The owner or operator 

of the proposed source or modification shall demonstrate that, as of the source's start-up date, 

allowable emissions increase from that source or modification, in conjunction with all other 

applicable emissions increases or reductions (including secondary emissions) would not cause or 

contribute to any increase in ambient concentrations that would exceed: 

(1) Required demonstration. The owner or operator of the proposed source or 

modification shall demonstrate that, as of the source's start-up date, allowable emissions 

increases from that source or modification, in conjunction with all other applicable emissions 

increases or reductions (including secondary emissions) would not cause or contribute to any 

increase in ambient concentrations that would exceed: 

(1)(A) any NAAQS in any air quality control region; or 

(2)(B) the remaining available PSD increment for the specified air contaminants in any 

area as determined by the Director. 

(2) Significant impact levels (SILs). For purposes of PM2.5, the demonstration required in 

OAC 252:100-8-35(a)(1) is deemed to have been made if the emissions increase from the 

new stationary source alone or from the modification alone would cause, in all areas, air 

quality impacts less than the following significant impact levels (SILs).

(A) The SILs for PM2.5 annual averaging time are 0.06 μg/m3 for a Class I Area, 0.3 

μg/m3 for a Class II Area, and 0.3 μg/m3 for a Class III Area.

(B) The SILs for PM2.5 24-hour averaging time are 0.07 μg/m3 for a Class I Area, 1.2 

μg/m3 for a Class II Area, and 1.2 μg/m3 for a Class III Area.

(b) Air quality models. 

(1) All estimates of ambient concentrations required under this Part shall be based on the 

applicable air quality models, data bases, and other requirements specified in appendix W of 

40 CFR 51 (Guideline on Air Quality Models) as it existed on January 2, 2006. 

(2) Where an air quality model specified in appendix W of 40 CFR 51 (Guideline on Air 

Quality Models) as it existed on January 2, 2006, is inappropriate, the model may be 

modified or another model substituted, as approved by the Administrator. Such a 

modification or substitution of a model may be made on a case-by-case basis or, where 

appropriate, on a generic basis. Modified or substitute models shall be submitted to the 

Administrator with written concurrence of the Director. In addition, use of a modified or 

substituted model must be subject to notice and opportunity for public comment under 

procedures set forth in Sec. 51.102 as it existed on January 2, 2006. 

(c) Air quality analysis. 

1. (1) Preapplication analysis. 

(A) Ambient air quality analysis. Any application for a permit under this Part shall 

contain, as the Director determines appropriate, an analysis of ambient air quality in the 

area that the major stationary source or major modification would affect for each of the 

following pollutants: 

(i) for a new source, each regulated pollutant that it would have the potential to 

emit in a significant amount; 

(ii) for a major modification, each regulated pollutant for which it would result in a 

significant net emissions increase. 

(B) Monitoring requirements. 
22 

(i) Non-NAAQS pollutants. For any such pollutant for which no NAAQS exists, 

the analysis shall contain such air quality monitoring data as the Director determines 

is necessary to assess the ambient air quality for that pollutant in that area. 

(ii) NAAQS pollutants. For visibility and any pollutant, other than VOC, for which 

a NAAQS does exist, the analysis shall contain continuous air quality monitoring 

data gathered to determine if emissions of that pollutant would cause or contribute to 

a violation of the NAAQS or any PSD increment. 

(C) Monitoring method. With respect to any requirements for air quality monitoring of 

PM-10 PM10 under OAC 252:100-8-33(e)(1) and (2), the owner or operator of the source 

or modification shall use a monitoring method approved by the Director and shall 

estimate the ambient concentrations of PM-10 PM10 using the data collected by such 

approved monitoring method in accordance with estimating procedures approved by the 

Director. 

(D) Monitoring period. In general, the required continuous air monitoring data shall 

have been gathered over a period of up to one year and shall represent the year preceding 

submission of the application. Ambient monitoring data gathered over a period shorter 

than one year (but no less than four months) or for a time period other than immediately 

preceding the application may be acceptable if such data are determined by the Director 

to be within the time period that maximum pollutant concentrations would occur, and to 

be complete and adequate for determining whether the source or modification will cause 

or contribute to a violation of any applicable NAAQS or consume more than the 

remaining available PSD increment. 

(E) Monitoring period exceptions. 

(i) Exceptions for applications that became effective between June 8, 1981, and 

February 9, 1982. For any application which became complete except for the 

monitoring requirements of OAC 252:100-8-35(c)(1)(B)(ii) and 

252:100-8-35(c)(1)(D), between June 8, 1981, and February 9, 1982, the data that 

252:100-8-35(c)(1)(B)(ii) requires shall have been gathered over the period from 

February 9, 1981, to the date the application became otherwise complete, except that: 

(I) If the source or modification would have been major for that pollutant under 

40 CFR 52.21 as in effect on June 19, 1978, any monitoring data shall have been 

gathered over the period required by those regulations. 

(II) If the Director determines that a complete and adequate analysis can be 

accomplished with monitoring data over a shorter period, not to be less than four 

months, the data that OAC 252:100-8-35(c)(1)(B)(ii) requires shall have been 

gathered over that shorter period. 

(III) If the monitoring data would relate exclusively to ozone and would not have 

been required under 40 CFR 52.21 as in effect on June 19, 1978, the Director may 

waive the otherwise applicable requirements of OAC 252:100-8-35(c)(1)(E)(i) to 

the extent that the applicant shows that the monitoring data would be 

unrepresentative of air quality over a full year. 

(ii) Monitoring period exception for PM-10 PM10. For any application that 

became complete, except for the requirements of OAC 252:100-8-35(c)(1)(B)(ii) and 

252:100-8-35(c)(1)(D) pertaining to monitoring of PM-10 PM10, after December l, 

1988, and no later than August l, 1989, the data that 252:100-8-35(c)(1)(B)(ii) 

requires shall have been gathered over at least the period from August l, 1988, to the 

date the application becomes otherwise complete, except that if the Director 
23 

determines that a complete and adequate analysis can be accomplished with 

monitoring data over a shorter period (not less than 4 months), the data that 

252:100-8-35(c)(1)(B)(ii) requires shall have been gathered over that shorter period. 

(F) Ozone post-approval monitoring. The owner or operator of a proposed major 

stationary source or major modification of VOC who satisfies all conditions of OAC 

252:100-8-54 and 40 CFR 51, Appendix S, Section IV as it existed on January 16, 1979, 

may provide post-approval monitoring data for ozone in lieu of providing preconstruction 

data as required under OAC 252:100-8-35(c)(1). 

(2) Post-construction monitoring. The owner or operator of a new major stationary source 

or major modification shall conduct, after construction, such ambient monitoring and 

visibility monitoring as the Director determines is necessary to determine the effect its 

emissions may have, or are having, on air quality in any area. 

(3) Operation of monitoring stations. The operation of monitoring stations for any air 

quality monitoring required under this Part shall meet the requirements of 40 CFR 58 

Appendix B as it existed January 2, 2006. 

PART 9. MAJOR SOURCES AFFECTING NONATTAINMENT AREAS

252:100-8-50.1. Incorporation by reference 

(a) Inclusion of CFR citations and definitions. When a provision of Title 40 of the Code of 

Federal Regulations (40 CFR) is incorporated by reference, all citations contained therein are 

also incorporated by reference. 

(b) Terminology related to 40 CFR. When these terms are used in rules incorporated by 

reference from 40 CFR, the following terms or definitions shall apply. 

(1) "Baseline actual emissions" is synonymous with the definition of "baseline actual 

emissions" in OAC 252:100-8-31. 

(2) "Building, structure, facility, or installation" is synonymous with the definition of 

"building, structure, facility, or installation" in OAC 252:100-1-3. 

(3) "EPA" is synonymous with Department of Environmental Quality (DEQ) unless the 

context clearly indicates otherwise. 

(4) "Major modification" is synonymous with the definition of "major modification" in 

OAC 252:100-8-51. 

(5) "Net emissions increase" is synonymous with the definition of "net emissions increase" 

in OAC 252:100-8-51. 

(6) "Regulated NSR pollutant" is synonymous with the definition of "regulated NSR 

pollutant" in OAC 252:100-8-51.

(6) (7) "Reviewing authority" is synonymous with "Director". 

(7) (8) "Secondary emissions" is synonymous with the definition of "secondary emissions" 

in OAC 252:100-8-1.1. 

(8)(9) "State implementation plan" is synonymous with OAC 252:100. 

(9)(10) "Volatile organic compound (VOC)" is synonymous with the definition of "volatile 

organic compound" or "VOC" in OAC 252:100-1-3. 

252:100-8-51. Definitions 

The definitions in 40 CFR 51.165(a)(1) are hereby incorporated by reference as they exist on 

July 2, 2007 July 1, 2010, except for the definitions found at 40 CFR 51.165(a)(1)(xxxv) 

"baseline actual emissions"; (ii) "building, structure, facility, or installation"; (xlv) "fixed capital 
24 

cost"; (xliv) "functionally equivalent component"; (v) "major modification"; (vi) "net emissions 

increase"; (xliii) "process unit"; (xxxvii) "regulated NSR pollutant"; (xxxviii) "reviewing 

authority"; (viii) "secondary emissions"; (xlvi) "total capital investment"; and (xix) "volatile 

organic compound (VOC)". With the exception of "reviewing authority", "fixed capital cost", 

"functionally equivalent component", "process unit", and "total capital investment", these terms 

are defined in OAC 252:100-8-31, 252:100-8-51, or 252:100-1-3. The following words and 

terms, when used in this Part, shall have the following meaning, unless the context clearly 

indicates otherwise. 

"Major modification" means: 

(A) Any physical change in, or change in the method of operation of, a major stationary 

source that would result in a significant emissions increase of a regulated NSR pollutant 

and a significant net emissions increase of that pollutant from the major stationary source 

is a major modification. 

(i) Any significant emissions increase from any emissions unit or net emissions 

increase at a major stationary source that is significant for VOC and/or oxides of 

nitrogen (NOX) shall be considered significant for ozone. 

(ii) A physical change or change in the method of operation shall not include: 

(I) routine maintenance, repair and replacement; 

(II) use of an alternative fuel or raw material by reason of any order under 

sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act 

of 1974 (or any superseding legislation) or by reason of a natural gas curtailment 

plan pursuant to the Federal Power Act; 

(III) use of an alternative fuel by reason of an order or rule under section 125 of 

the Act; 

(IV) use of an alternative fuel at a steam generating unit to the extent that the fuel 

is generated from municipal solid waste; 

(V) use of an alternative fuel or raw material by a source which the source was 

capable of accommodating before December 21, 1976, unless such change would 

be prohibited under any federally enforceable permit condition which was 

established after December 21, 1976, or the source is approved to use under any 

permit issued under 40 CFR 52.21 or OAC 252:100-7 or 8; 

(VI) an increase in the hours of operation or in the production rate unless such 

change would be prohibited under any federally enforceable permit condition 

which was established after December 21, 1976; 

(VII) any change in source ownership; 

(VIII) the installation, operation, cessation, or removal of a temporary clean coal 

technology demonstration project, provided that the project complies with OAC 

252:100 and other requirements necessary to attain and maintain the NAAQS 

during the project and after it is terminated. 

(B) This definition shall not apply with respect to a particular regulated NSR pollutant 

when the major stationary source is complying with the requirements under OAC 

252:100-8-56 for a PAL for that pollutant. Instead the definition at 40 CFR 

51.165(f)(2)(viii) shall apply. 

(C) For the purpose of applying the requirements of OAC 252:100-8-54.1(a) to 

modifications at major stationary sources of NOX located in ozone nonattainment areas or 

in ozone transport regions (as defined in 42 U.S.C. § 7511c), whether or not subject to 

subpart 2, part D, title I of the Act, any significant net emissions increase of NOX is 
25 

considered significant for ozone. 

(D) Any physical change in, or change in the method of operation of, a major stationary 

source of VOCs that results in any increase in emissions of VOCs from any discrete 

operation, emissions unit, or other pollutant emitting activity at the source shall be 

considered a significant net emissions increase and a major modification for ozone, if the 

major stationary source is located in an extreme ozone nonattainment area that is subject 

to subpart 2, part D, title I of the Act. 

"Net emissions increase" means: 

(A) With respect to any regulated NSR pollutant emitted by a major stationary source, 

net emissions increase shall mean the amount by which the sum of the following exceeds 

zero: 

(i) the increase in emissions from a particular physical change or change in the 

method of operation at a stationary source as calculated pursuant to OAC 

252:100-8-50(b); and, (ii) any other increases and decreases in actual emissions at 

the major stationary source that are contemporaneous with the particular change and 

are otherwise creditable. Baseline actual emissions for calculating increases and 

decreases under (A)(ii) of this definition shall be determined as provided in the 

definition of "baseline actual emissions", except that (B)(iii) and (C)(iv) of that 

definition shall not apply. 

(B) An increase or decrease in actual emissions is contemporaneous with the increase 

from the particular change only if it occurs within 3 years before the date that the 

increase from the particular change occurs. 

(C) An increase or decrease in actual emissions is creditable only if: 

(i) it is contemporaneous; and 

(ii) the Director has not relied on it in issuing a permit under OAC 252:100-8, Part 

9, which permit is in effect when the increase in actual emissions from the particular 

change occurs. 

(D) An increase in actual emissions is creditable only to the extent that the new level of 

actual emissions exceeds the old level. 

(E) A decrease in actual emissions is creditable only to the extent that: 

(i) the old level of actual emissions or the old level of allowable emissions, 

whichever is lower, exceeds the new level of actual emissions; 

(ii) it is enforceable as a practical matter at and after the time that actual 

construction on the particular change begins; 

(iii) the Director has not relied on it in issuing any permit under OAC 252:100; and, 

(iv) it has approximately the same qualitative significance for public health and 

welfare as that attributed to the increase from the particular change. 

(F) An increase that results from a physical change at a source occurs when the 

emission unit on which construction occurred becomes operational and begins to emit a 

particular pollutant. Any replacement unit that requires shakedown becomes operational 

after a reasonable shakedown period, not to exceed 180 days. 

(G) Paragraph 40 CFR 51.165(a)(1)(xii)(B) of the definition of "actual emissions" shall 

not apply for determining creditable increases and decreases or after a change. 

"Regulated NSR pollutant" for purposes of this Part, means any or all of the following:

(A) Nitrogen oxides or volatile organic compounds;

(B) Any pollutant for which a NAAQS has been promulgated;

(C) Any pollutant that is identified under this paragraph as a constituent or precursor of 
26 

a general pollutant listed under paragraph (A) or (B) of this definition, provided that such 

constituent or precursor pollutant may only be regulated under NSR as part of regulation 

of the general pollutant. Precursors identified by the Administrator for purposes of NSR 

are the following:

(i) Volatile organic compounds and nitrogen oxides are precursors to ozone in all 

ozone nonattainment areas.

(ii) Sulfur dioxide is a precursor to PM2.5 in all PM2.5 nonattainment areas.

(iii) Nitrogen oxides are presumed to be precursors to PM2.5 in all PM2.5

nonattainment areas, unless the State demonstrates to the Administrator's satisfaction 

or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area 

are not a significant contributor to that area's ambient PM2.5 concentrations.

(iv) Volatile organic compounds and ammonia are presumed not to be precursors to 

PM2.5 in any PM2.5 nonattainment area, unless the State demonstrates to the 

Administrator's satisfaction or EPA demonstrates that emissions of volatile organic 

compounds or ammonia from sources in a specific area are a significant contributor to 

that area's ambient PM2.5 concentrations, or

(D) PM2.5 emissions and PM10 emissions, including gaseous emissions from a source or 

activity which condense to form particulate matter at ambient temperatures. Such 

condensable particulate matter shall be accounted for in applicability determinations and 

in establishing emissions limitations for PM2.5 and PM10 in nonattainment major NSR 

permits.

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

(a) The requirements in 40 CFR 51.165(a)(3) regarding emissions reductions and offsets are 

hereby incorporated by reference as they exist on July 2, 2007. 

(b) Meeting the emissions offset requirements in subsection OAC 252:100-8-51.1(a) for ozone 

nonattainment areas that are subject to subpart 2, part D, title I of the Act shall be in accordance 

with the requirements in 40 CFR 51.165(a)(9) which is hereby incorporated by reference as it 

exists on July 2, 2007. The requirements in subsection 40 CFR 51.165(a) (9) dealing with offset 

ratios are hereby incorporated by reference as they exist on July 1, 2010.

(c) The requirements in 40 CFR 51.165(a)(11) regarding emission offsets are hereby 

incorporated by reference as they exist on July 1, 2010.

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

contributing to NAAQS violation 

(a) The requirements in 40 CFR 51.165(b) regarding a source located in an attainment or 

unclassifiable area but causing or contributing to a NAAQS violation are hereby incorporated by 

reference as they exist on July 2, 2007 July 1, 2011. 

(b) Sources of VOC located outside a designated ozone nonattainment area will be presumed to 

have no significant impact on the designated nonattainment area. If ambient monitoring indicates 

that the area of source location is in fact nonattainment, then the source may be granted its 

permit since the area has not yet been designated nonattainment. 

(c) Sources locating in an attainment area but impacting on a nonattainment area above the 

significant levels listed in OAC 252:100-8-52(a) are exempted from the condition of OAC 

252:100-8-54(4)(A). 

(d) The determination whether a source or modification will cause or contribute to a violation 

of an applicable ambient air quality standard for sulfur dioxide, particulate matter or carbon 
27 

monoxide will be made on a case-by-case basis as of the proposed new source's start-up date by 

an atmospheric simulation model. For sources of nitrogen oxides the model can be used for an 

initial determination assuming all the nitric oxide emitted is oxidized to nitrogen dioxide by the 

time the plume reaches ground level, and the initial concentration estimates will be adjusted if 

adequate data are available to account for the expected oxidation rate. 

(e) The determination as to whether a source would cause or contribute to a violation of 

applicable ambient air quality standards will be made on a case-by-case basis as of the new 

source's start-up date. Therefore, if a designated nonattainment area is projected to be attainment 

as part of the state implementation plan control strategy by the new source start-up date, offsets 

would not be required if the new source would not cause a new violation. 























1 

SUMMARY OF COMMENTS AND STAFF RESPONSES

FOR PROPOSED REVISION TO SUBCHAPTER 1, GENERAL PROVISIONS; SUBCHAPTER 3, AIR QUALITY 

STANDARDS AND INCREMENTS; SUBCHAPTER 7, PERMITS FOR MINOR 

FACILITIES; AND SUBCHAPTER 8, PERMITS FOR PART 70 SOURCES 

COMMENTS RECEIVED PRIOR TO AND AT THE OCTOBER 27, 2010

AIR QUALITY ADVISORY COUNCIL MEETING 

Written Comments

The Air Permitting Forum (APF or the Forum) - E-mail received on October 25, 2010 from 

Shannon S. Broome 

1. COMMENT: Regarding greenhouse gas (GHG) revisions to Subchapter 8, the Forum 

recommended that DEQ include in the definitions of "subject to regulation" in OAC 

252:100-8-2 and 252:100-8-31 an "expiration" or "sunsetting" of the provisions 

regulating GHG under the PSD and Title V programs, in light of the current litigation 

challenging EPA's decision to regulate GHG under the federal Clean Air Act. 

RESPONSE: Staff feels that the problem pointed out by the Forum is already resolved 

by the introductory language to the definitions of "subject to regulation." As a result if a 

court was to invalidate for any reason the underlying applicable regulation that makes 

GHG regulated, then GHG would automatically not be contained in the definition of 

subject to regulation. However, to make the rule very clear on the matter, we have 

added "rescission" or "sunsetting" language to the definitions of "subject to regulation" in 

OAC 252:100-8-2 and 252:100-8-31 to stress that the State's GHG permitting 

requirements will not exceed those of EPA. 

2. COMMENT: Regarding GHG revisions to Subchapter 8, the Forum also stated that 

Oklahoma's (and EPA’s) definition of the term "regulated NSR pollutant" in OAC 

252:100-8-31 includes not only "any pollutant that otherwise is 'subject to regulation' 

under the Act" but also "any pollutant for which a NAAQS has been promulgated" and 

"any pollutant that is subject to any standard promulgated under section 111 of the Act." 

EPA has received petitions to issue a NAAQS for GHGs, and EPA is also in the process 

of adopting NSPS for certain source categories under section 111 that would regulate 

GHGs. The "subject to regulation" qualifier, however, is not part of the "regulated NSR 

pollutant" definition for NAAQS and NSPS, which means that if EPA proceeds to issue a 

NAAQS or NSPS covering GHGs, the thresholds in the "subject to regulation" definition 

would no longer apply. One way to address this problem would be for the Department 

to limit subsections (A)(i) [for NAAQS] and (A)(ii) [for NSPS] of its definition of 

regulated NSR pollutant not to include GHGs above the thresholds specified in the 

"subject to regulation" definition. This could be accomplished by adding a new 

subsection (B)(iii) to the definition that would state "regulated NSR pollutant does not 

include  (iii) GHGs emitted below the thresholds in Subparagraphs (C) through (E) in 

the definition of the term 'subject to regulation' in this section." This approach would 

give Oklahoma time to address any regulation of GHGs under the NSPS or NAAQS rules 
2 

if EPA proceeds with such rulemakings. 

RESPONSE: Staff will give further consideration to this comment before the permanent 

rulemaking is proposed in January 2011. 

RESPONSE UPDATED JANUARY 4, 2011: Staff agrees that there appears to be some 

ambiguity in the definition of "regulated NSR pollutant." The federal and proposed 

State definitions are substantively the same. By definition any pollutant that is subject to 

any standard promulgated under section 111 of the federal Clean Air Act is a "regulated 

NSR pollutant." The definition of "regulated NSR pollutant" also references the 

definition of "subject to regulation," which states that GHG is subject to regulation only 

if GHG emissions from a source exceed the PSD GHG applicability thresholds of 75,000 

tpy CO2e for modifications or 100,000 tpy CO2e for new sources. It is unclear which 

definition would take precedence if an NSPS for GHG is promulgated. However, this is 

a national problem and Staff prefers to allow EPA the opportunity to clarify the 

relationship between "regulated NSR pollutant" and "subject to regulation." EPA has 

announced their intention to propose NSPS and emission guidelines for GHG emissions 

from electric generating units and refineries in 2011 and to finalize these standards in 

2012. This gives the Department time to address the problem, if it is not resolved by 

EPA, before any NSPS for GHG becomes effective. 

EPA Region 6 - Fax received on October 26, 2010 from Jeff Robinson, Chief, Air Permits 

Section 

3. COMMENT: Mr. Robinson expressed support of the proposed emergency rule 

revisions to Subchapters 1, 7, and 8 relating to GHG emissions and encouraged the 

Department to expeditiously adopt the revisions as proposed to implement the GHG 

tailoring rule provisions by January 2, 2011. 

OIPA (Oklahoma Independent Petroleum Association) and MOGA (Mid-Continent Oil 

and Gas Association of Oklahoma) - E-mail received on October 26, 2010 from Angie 

Burckhalter, V.P. Regulatory Affairs, OIPA and Michael Bernard, President, MOGA 

4. COMMENT: OIPA and MOGA expressed concern that if the GHG requirements are 

vacated or delayed at the federal level, it would appear that the proposed revisions to 

Subchapter 8 would still require regulated entities in Oklahoma to comply with DEQ's 

GHG requirements. This would place Oklahoma in an economic disadvantage to other 

states that may not have GHG rules in place or that have language in place to address 

such a situation. OIPA and MOGA recommend that DEQ include language in the rules 

that would address this issue. 

RESPONSE: Staff does not believe this is the case, but to make the rule very clear on 

the matter, “rescission” or “sunsetting” language has been added to the definitions of 

“subject to regulation” in OAC 252:100-8-2 and 252:100-8-31 to stress that the State's 

GHG permitting requirements will not exceed those of EPA. 

5. COMMENT: OIPA and MOGA pointed out that the State of Texas raised some 

significant questions regarding state's right as it relates to an expedited GHG rule 
3 

implementation in relation to the SIP revision process under the CAA Section 166(a), the 

normal SIP revisions procedures under Section 110, and EPA's authority to impose a FIP 

on GHG without finding that a state has failed to make a required submission. They 

suggested that DEQ carefully consider these issues before moving forward with GHG 

regulations. 

RESPONSE: Staff is aware of the Texas letter and awaits EPA's response to it with 

interest. However, staff feels it is in the best interest of the GHG emitting sources in 

Oklahoma to provide the protections afforded by the GHG tailoring rule in the event that 

EPA prevails. This proposed revision is an emergency rule and as such is temporary and 

will not become part of the State's SIP. The hearing on the permanent rulemaking 

regarding GHG was continued at the October 27, 2010 Council meeting until the January 

2011 Council meeting. Staff hopes that by that time some of the issues surrounding 

GHG permitting will be resolved. Staff will amend the current proposed GHG rule 

revisions as appropriate prior to that meeting. 

6. COMMENT: OIPA and MOGA recommended that OAC 252:100-7-2.1, relating to 

minor permits for GHG emitting facilities, be modified by the addition of "but are not 

limited to" in the last sentence so that it reads: "Physical or operational limitations may 

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

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

processed." 

RESPONSE: Staff agrees with this request and the suggested language has been added 

to the rule. 

 

Oral Comments

Steve Mason, DEQ Board Member commented at the October 27, 2010 Air Quality 

Advisory Council meeting.

7. COMMENT: Mr. Mason asked why a permanent rule was not linked to the proposed 

GHG emergency revisions to Subchapter 8. Mr. Mason also stated that the Board 

could consider an emergency rule without a permanent rule submitted at the same time. 

RESPONSE: A permanent rule is being proposed separately, however, the Department 

requested that the Council continue the hearing on the permanent rule proposal to its 

January 2011 Council meeting. This will allow the inclusion of EPA’s PM2.5 PSD 

implementation requirements in the same proposal. In October, EPA promulgated the 

last part of its PM2.5 rules so these recent changes could not be included in the proposed 

rule for the October 2010 Council meeting. Because the GHG modification and the 

PM2.5 modification change the same section ( OAC 252:100-8-31) and even the same 

definition (“Regulated NSR Pollutant”), the GHG, and PM2.5 modifications must be 

processed together or the PM2.5 modification could be delayed by a year. 

8. COMMENT: Mr. Mason stated that Texas sent a letter to EPA refusing to promulgate 
4 

GHG rules and questioning EPA's authority to regulate GHG under the federal Clean Air 

Act. Mr. Mason wondered if Texas was just not going to promulgate GHG rules and 

asked if Oklahoma has that opportunity also. 

RESPONSE: It is our understanding that Texas is taking the position that EPA does not 

have the authority to regulate GHG and intends to litigate the issue. After looking at a lot 

of different scenarios, Staff felt that DEQ owes it to the regulated community to provide 

some clarity on GHG permitting and to have an avenue for them to continue to obtain 

necessary permits from DEQ instead of EPA. The GHG tailoring rule does not require 

that sources obtain PSD or Part 70 permits. That is required by other existing federal 

and State rules and regulations and will automatically occur when GHG becomes a 

pollutant subject to regulation on January 2, 2011. The GHG tailoring rule exempts a 

large number of smaller GHG sources from the requirement to obtain PSD and Part 70 

permits by raising the applicability thresholds for GHG in the PSD and Part 70 programs. 

 The proposed emergency rule change to Subchapter 8 includes a rescission provision to 

address subsequent legislative or judicial actions on GHG and to ensure that the State's 

GHG permitting requirements will not exceed those of EPA. 

Angie Burckhalter, V.P. Regulatory Affairs, OIPA commented at the October 27, 2010 Air 

Quality Advisory Council meeting. 

9. COMMENT: Ms. Burckhalter repeated the request she made in the October 26, 2010 

e-mail from OIPA and MOGA. She asked that the last sentence in new Section OAC 

252:100-7-2.1 be revised to include "but are not limited to." The sentence would read: 

"Physical or operational limitations may include, but are not limited to, air pollution 

control equipment, restrictions on hours of operation, and/or restrictions on the type or 

amount of material combusted, stored, or processed. 

RESPONSE: The requested change has been made to 252:100-7-2.1. 

Grover Campbell with Chesapeake Energy commented at the October 27, 2010 Air Quality 

Advisory Council meeting.

10. COMMENT: Mr. Campbell stated that one of the reasons to add the language suggested 

by Ms. Burckhalter is that energy efficiency will be one of the main BACT 

requirements for GHG emissions. 
Comments of the Air Permitting Forum on Proposed Changes to Oklahoma’s 

Prevention of Significant Deterioration and Part 70 Regulations to 

Implement EPA’s Greenhouse Gas Tailoring Rule 

The Oklahoma Department of Environmental Quality (DEQ) has prepared a 

rulemaking proposal to address the U.S. EPA’s decision to regulate greenhouse gases 

(GHGs) from stationary sources under the Prevention of Significant Deterioration (PSD) 

construction permit program and the Title V (Part 70) operating permit program. These 

proposed changes would incorporate EPA’s Tailoring Rule provisions that raise the 

major source threshold to 100,000 tons per year (tpy) carbon dioxide equivalents (CO2e) 

and the PSD significance level to 75,000 tpy CO2e. In addition, DEQ proposes to clarify 

that GHGs are not regulated under the minor new source review permitting provisions in 

the state unless a source voluntarily wishes to accept a limit on its GHG emissions. 

The Air Permitting Forum (APF or Forum) is a trade association that focuses on 

implementation of Clean Air Act permitting and other environmental requirements. 

Forum members operate facilities in Oklahoma and therefore are affected by the 

proposed regulations. 

The Forum appreciates that DEQ is trying to ensure that facilities in Oklahoma 

will not become subject to permitting at a major source level of 100 tpy or 250 tpy and 

that modifications will not be subject to a 0 tpy significance level. At the same time, we 

believe that DEQ could interpret its regulations such that only criteria pollutants can 

trigger PSD although pollutants “subject to regulation” would be subject to the best 

available control technology requirement. Since DEQ has indicated however that it is 

interpreting its rules to allow GHGs to trigger PSD, it would also be appropriate for DEQ 

to include in its rules a an “expiration” or “sunsetting” of the provisions regulating GHGs 

under the PSD and Title V program in light of the current litigation challenging EPA’s 

decisions to regulate greenhouse gases under the Clean Air Act. 

As DEQ is surely aware, US EPA has taken several actions that have led to the 

federal Tailoring Rule establishing the 100,000 ton per year CO2e threshold for major 

sources under PSD and Title V and the 75,000 ton per year significance level. Each of 

these actions is being challenged in the U.S. Court of Appeals for the D.C. Circuit. These 

challenges raise several issues, most important of which for this proposed rule are 

whether GHGs are intended to be within the term “subject to regulation” and whether 

GHGs can trigger the requirement to obtain a PSD permit when EPA has not even 

established a NAAQS for GHGs. The validity of EPA’s actions will be judged by the 

courts over the course of the next year. In addition, on September 15, 2010, a motion to 

stay the stationary source effects of the GHG rules was also filed seeking to prevent the 

triggering of PSD and Title V until EPA’s authority can be addressed by the courts. 

In light of these pending actions, it is important that the state’s adoption of the 

EPA Tailoring Rule thresholds not put it in a position where the federal government is 

not implementing the tailoring rule but DEQ is forced to follow its own regulations 

applying those thresholds and regulating greenhouse gases under the stationary source 
programs. We recommend, therefore, that the DEQ include a provision in the 

regulations directly that conditions the application of PSD and Title V to stationary 

sources within the state on the continued validity of the provisions at the federal level. 

For example, the following language could be included at the end of the “subject to 

regulation” definition to ensure that the state is not implementing PSD or Title V for 

GHGs in such a case: 

The provisions of this rule establish specified thresholds for determining if 

a source is major and if an increase in emissions is significant under these 

rules. The determination that these rules require sources to obtain a permit 

for GHG emissions is contingent on the continued implementation of the 

federal determination that GHG emissions can trigger the requirement to 

obtain a permit under Part C of Title I or under Title V of the federal 

Clean Air Act. If a court stays or otherwise invalidates applicability of 

Part C of Title I or Title V to stationary sources of GHGs, these 

regulations shall not operate to require stationary source permits for such 

sources beyond the extent to which the court validates and authorizes 

implementation of the federal rules. 

This provision (or a provision like it) is especially important to the extent that EPA acts 

on a proposed state implementation plan or part 70 program revision. Under General 

Motors Company v. U.S., 496 U.S. 530 (1990), and a new case U.S. v. Cinergy, Nos. 

09/3344, 09-3350, 09-3351, Slip Op. (7th Cir. Oct. 12, 2010), even if a state revises its 

regulations, unless the EPA has actually acted to approve the SIP revision, the existing 

SIP regulations are enforceable. This is why EPA has stated its commitment to act 

quickly on these tailoring rule SIP revisions. If EPA does approve these state rules into 

the SIP quickly, however, and EPA’s rules are later determined to have inappropriately 

imposed PSD and Title V on stationary sources of GHGs, sources in this state will be 

forced to comply with these rules until the state adopts a revision and EPA approves that 

revision. Given the current SIP backlog and EPA’s desire to regulate GHGs under the 

Clean Air Act, it is likely that EPA action on SIP revisions to eliminate GHG regulation 

will take much longer than its revisions to ensure GHGs will be regulated. By including 

a sunsetting provision in the regulation itself, EPA’s initial action to approve regulating 

GHGs under this state’s SIP will be self-limiting. 

Such a provision will place Oklahoma in the same position as a state that is 

delegated for PSD and is therefore implementing the federal rules. Moreover, it will 

prevent any later claims that eliminating GHGs from regulation under PSD in this state 

might constitute backsliding. Finally, we note that several other states are looking at 

similar provisions and Colorado adopted one last week. The Colorado provision that was 

adopted states: 

If there is a change in federal law or the District of Columbia Circuit Court 

of Appeals or the United States Supreme Court directs or issues an order, 

which limits or renders ineffective the regulation of GHG emissions at 

stationary sources under the New Source Review Prevention of Significant 
Deterioration (PSD) or Title V provisions of the Federal Act, the 

regulation of GHG emissions under the corresponding programs in this 

Regulation Number 3 shall be limited or rendered ineffective to the same 

extent. 

We strongly encourage the Department to ensure that if the federal application of PSD 

and/or Title V to GHGs is stayed or otherwise abated, the DEQ’s rules will automatically 

be limited in the same manner. 

 Finally, we want to raise an issue that should be considered for the permanent 

rulemaking to the extent it cannot be addressed now. Oklahoma’s (and EPA’s) definition 

of the term “regulated NSR pollutant” includes not only “any pollutant that otherwise is 

‘subject to regulation’ under the Act” but also “any pollutant for which a NAAQS has 

been promulgated” and “any pollutant that is subject to any standard promulgated under 

section 111 of the Act.” EPA has received petitions to issue a NAAQS for GHGs and 

EPA is also in the process of adopting NSPS standards for certain source categories under 

Section 111 that would regulate GHGs. The “subject to regulation” qualifier however is 

not a part of the “regulated NSR pollutant” definition for NAAQS and NSPS, which 

means that if EPA proceeds to issue a NAAQS or NSPS covering GHGs, the thresholds 

in the “subject to regulation” definition would no longer apply. One way to address this 

problem would be for the Department to limit subsections (A)(i) [for NAAQS] and 

(A)(ii) [for NSPS] of its definition of regulated NSR pollutant not to include GHGs above 

the thresholds specified in the “subject to regulation” definition. This could be 

accomplished by adding a new subsection (B)(iii) to the definition that would state 

“regulated NSR pollutant does not include ... (iii) GHGs emitted below the thresholds in 

Subparagraphs (C) through (E) in the definition of the term ‘subject to regulation’ in this 

section.” This approach would give Oklahoma time to address any regulation of GHGs 

under the NSPS or NAAQS rules if EPA proceeds with such rulemakings. 

 The Forum appreciates the opportunity to submit these comments and requests 

that any questions be directed to Shannon Broome, Executive Director, Air Permitting 

Forum at 510-985-1710 or sbroome@pacbell.net. 



Permanent Final Adoptions

TITLE 252. DEPARTMENT OF

ENVIRONMENTAL QUALITY

CHAPTER 100. AIR POLLUTION CONTROL

[OAR Docket #12-445]

RULEMAKING ACTION:

PERMANENT final adoption

RULES:

Subchapter 8. Permits for Part 70 Sources and Major New Source Review

(NSR) Sources

Part 5. Permits for Part 70 Sources

252:100-8-2. [AMENDED]

252:100-8-4. [AMENDED]

Part 7. Prevention of Significant Deterioration (PSD) Requirements for

Attainment Areas

252:100-8-31. [AMENDED]

252:100-8-33. [AMENDED]

Part 9. Major Sources Affecting Nonattainment Areas

252:100-8-51.1. [AMENDED]

AUTHORITY:

Environmental Quality Board; 27A O.S. §§2-2-101 and 2-2-201; and

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

DATES:

Comment period:

September 1, 2011 through October 5, 2011

Public hearings:

October 5, 2011

Adoption:

November 15, 2011

Submitted to Governor:

November 21, 2011

Submitted to House:

November 21, 2011

Submitted to Senate:

November 21, 2011

Gubernatorial approval:

December 21, 2011

Legislative approval:

Failure of the Legislature to disapprove the rules resulted in approval on

March 29, 2012

Final adoption:

March 29, 2012

Effective:

July 1, 2012

SUPERSEDED EMERGENCY ACTIONS:

N/A

INCORPORATIONS BY REFERENCE:

Incorporated standards as they existed on July 1, 2010:

40 CFR 51.165(a)(11)

Incorporating rules:

252:100-8-51.1(c)

Availability:

The standards are on file at the Department of Environmental Quality, 707

North Robinson, Oklahoma City, Oklahoma, 73102, and are available to the

public for examination Monday through Friday between the hours of 8:00 a.m.

and 4:30 p.m. excluding state holidays.

ANALYSIS:

The Department is proposing to modify Subchapter 8 to include the

Environmental Protection Agency's (EPA's) recent changes to the Prevention

of Significant Deterioration (PSD) and Part 70 programs regarding permitting

of carbon dioxide (CO2) emissions from certain biomass sources. EPA has

deferred for a period of three (3) years the application of the PSD and Part 70

permitting requirements to these biogenic CO2 emissions from bioenergy and

other biogenic stationary sources. The Department proposes to modify the

definitions of "subject to regulation" in OAC 252:100-8-2 and 252:100-8-31

to accomplish this deferral. The proposed modification to Parts 5 and 7 of

Subchapter 8 will prevent the State rule from being perceived to be more

stringent than the corresponding federal rule.

The Department is proposing to revise OAC 252:100-8-4(a)(1) to

clarify that construction permits for new and modified Part 70 sources

shall be obtained under the requirements of Part 5 of 252:100-8 and not

252:100-7, Permits for Minor Facilities. In addition, a change is proposed to

252:100-8-4(b), which would set a schedule for timely application submittal

for sources that become subject to the Part 70 operating permit program

without any physical or operational change or any increase in emissions of air

pollutants subject to regulation.

Due to errors in the Oklahoma Register (28 OK Reg 1179) published June

15, 2011, the Department is proposing a series of corrections to Subchapter

8. The corrections are in paragraph (B) of the definition of "subject to

regulation" in 252:100-8-2 and in paragraph (B)(i) of the definition of "subject

to regulation"in 252:100-8-31 where dashes were erroneously converted

to the letter "B"; in the definitions of "baseline area" and "significant"

in 252:100-8-31 where "μg/m3" was erroneously converted to "Fg/m3";

in 252:100-8-33(c)(1) where a number of occurrences of "μg/m3" were

erroneously converted to "Fg/m3"; and in 252:100-8-51.1(c) where the date of

incorporation by reference was July 1, 2011 when it should have been July 1,

2010.

The Department proposes to make other nonsubstantive changes in the

sections of the rule that are being revised, including changing the name of

Subchapter 8 to "Permits for Part 70 Sources and Major New Source Review

(NSR) Sources."

CONTACT PERSON:

Cheryl Bradley, Department of Environmental Quality, Air Quality

Division, 707 North Robinson, P.O. Box 1677, Oklahoma City, Oklahoma

73101-1677, (405) 702-4100.

PURSUANT TO THE ACTIONS DESCRIBED HEREIN,

THE FOLLOWING RULES ARE CONSIDERED

FINALLY ADOPTED AS SET FORTH IN 75 O.S.,

SECTION 308.1(A), WITH AN EFFECTIVE DATE

OF JULY 1, 2012:

SUBCHAPTER 8. PERMITS FOR PART 70

SOURCES AND MAJOR NEW SOURCE REVIEW

(NSR) SOURCES

PART 5. PERMITS FOR PART 70 SOURCES

252:100-8-2. Definitions

The following words and terms, when used in this Part,

shall have the following meaning, unless the context clearly

indicates otherwise. Except as specifically provided in this

Section, terms used in this Part retain the meaning accorded

them under the applicable requirements of the Act.

"Administratively complete" means an application that

provides:

(A) All information required under OAC

252:100-8-5(c), (d), or (e);

(B) A landowner affidavit as required by OAC

252:4-7-13(b);

(C) The appropriate application fees as required by

OAC 252:100-8-1.7; and

(D) Certification by the responsible official as required by OAC 252:100-8-5(f).

"Affected source" means the same as the meaning given

to it in the regulations promulgated under Title IV (acid rain)

of the Act.

"Affected states" means:

(A) all states:

(i) That are one of the following contiguous

states: Arkansas, Colorado, Kansas, Missouri,

New Mexico and Texas, and

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(ii) That in the judgment of the DEQ may be

directly affected by emissions from the facility

seeking the permit, permit modification, or permit

renewal being proposed; or

(B) all states that are within 50 miles of the permitted source.

"Affected unit" means the same as the meaning given to it

in the regulations promulgated under Title IV (acid rain) of the

Act.

"Applicable requirement" means all of the following as

they apply to emissions units in a Part 70 source subject to this

Chapter (including requirements that have been promulgated

or approved by EPA through rulemaking at the time of issuance

but have future effective compliance dates):

(A) Any standard or other requirements provided

for in the applicable implementation plan approved or

promulgated by EPA through rulemaking under Title

I of the Act that implements the relevant requirements

of the Act, including any revisions to that plan promulgated in 40 CFR Part 52;

(B) Any term or condition of any preconstruction

permits issued pursuant to regulations approved or

promulgated through rulemaking under Title I, including parts C or D, of the Act;

(C) Any standard or other requirement under section 111 of the Act, including section 111(d);

(D) Any standard or other requirement under section 112 of the Act, including any requirement concerning accident prevention under section 112(r)(7)

of the Act, but not including the contents of any risk

management plan required under 112(r) of the Act;

(E) Any standard or other requirement of the acid

rain program under Title IV of the Act or the regulations promulgated thereunder;

(F) Any requirements established pursuant to section 504(b) or section 114(a)(3) of the Act;

(G) Any standard or other requirement governing

solid waste incineration, under section 129 of the Act;

(H) Any standard or other requirement for consumer and commercial products, under section 183(e)

of the Act;

(I) Any standard or other requirement for tank vessels, under section 183(f) of the Act;

(J) Any standard or other requirement of the regulations promulgated to protect stratospheric ozone

under Title VI of the Act, unless the Administrator

has determined that such requirements need not be

contained in a Title V permit; and

(K) Any national ambient air quality standard or

increment or visibility requirement under part C of

Title I of the Act, but only as it would apply to temporary sources permitted pursuant to section 504(e) of

the Act.

"Begin actual construction" means for purposes of this

Part, that the owner or operator has begun the construction or

installation of the emitting equipment on a pad or in the final

location at the facility.

"Designated representative" means with respect to affected units, a responsible person or official authorized by the

owner or operator of a unit to represent the owner or operator

in matters pertaining to the holding, transfer, or disposition

of allowances allocated to a unit, and the submission of and

compliance with permits, permit applications, and compliance

plans for the unit.

"Draft permit" means the version of a permit for which

the DEQ offers public participation under 27A O.S.§§

2-14-101 through 2-14-401 and OAC 252:4-7 or affected

State review under OAC 252:100-8-8.

"Emergency" means, when used in OAC 252:100-8-

6(a)(3)(C)(iii)(I) and (e), any situation arising from sudden

and reasonably unforeseeable events beyond the control of

the source, including acts of God, which situation requires

immediate corrective action to restore normal operation, and

that causes the source to exceed a technology-based emission

limitation under the permit, due to unavoidable increases in

emissions attributable to the emergency. An emergency shall

not include noncompliance to the extent caused by improperly

designed equipment, lack of preventive maintenance, careless

or improper operation, or operator error.

"Emissions allowable under the permit" means a

federally enforceable permit term or condition determined

at issuance to be required by an applicable requirement that

establishes an emissions limit (including a work practice standard) or a federally enforceable emissions cap that the source

has assumed to avoid an applicable requirement to which the

source would otherwise be subject.

"Emissions unit" means any part or activity of a stationary source that emits or has the potential to emit any regulated

air pollutant or any pollutant listed under section 112(b) of the

Act. Fugitive emissions from valves, flanges, etc. associated

with a specific unit process shall be identified with that specific

emission unit. This term is not meant to alter or affect the

definition of the term "unit" for purposes of Title IV of the Act.

"Final permit" means the version of a part 70 permit

issued by the DEQ that has completed all review procedures

required by OAC 252:100-8-7 through 252:100-8-7.5 and

OAC 252:100-8-8.

"Fugitive emissions" means those emissions of regulated

air pollutants which could not reasonably pass through a stack,

chimney, vent, or other functionally-equivalent opening.

"General permit" means a part 70 permit that meets the

requirements of OAC 252:100-8-6.1.

"Insignificant activities" means individual emissions

units that are either on the list approved by the Administrator

and contained in Appendix I, or whose actual calendar year

emissions do not exceed any of the limits in (A) and (B) of this

definition. Any activity to which a State or federal applicable

requirement applies is not insignificant even if it meets the

criteria below or is included on the insignificant activities list.

(A) 5 tons per year (TPY) of any one criteria pollutant.

(B) 2 tons per year for any one hazardous air pollutant (HAP) or 5 tons per year for an aggregate of

two or more HAPs, or 20 percent of any threshold less

Oklahoma Register (Volume 29, Number 17) 606 May 15, 2012
Permanent Final Adoptions

than 10 tons per year for single HAP that the EPA may

establish by rule.

"MACT" means maximum achievable control technology.

"Major source" means any stationary source (or any

group of stationary sources that are located on one or more

contiguous or adjacent properties and are under common control of the same person (or persons under common control))

belonging to a single major industrial grouping and that is described in subparagraph (A), (B), or (C) of this definition. For

the purposes of defining "major source," a stationary source or

group of stationary sources shall be considered part of a single

industrial grouping if all of the pollutant emitting activities

at such source or group of sources on contiguous or adjacent

properties belong to the same Major Group (i.e., all have the

same two-digit primary SIC code) as described in the Standard

Industrial Classification Manual, 1987.

(A) A major source under section 112 of the Act,

which is defined as:

(i) For pollutants other than radionuclides,

any stationary source or group of stationary

sources located within a contiguous area and

under common control that emits or has the potential to emit, in the aggregate, 10 TPY or more of

any hazardous air pollutant which has been listed

pursuant to section 112(b) of the Act, 25 TPY or

more of any combination of such hazardous air

pollutants, or such lesser quantity as the Administrator may establish by rule. Notwithstanding the

preceding sentence, emissions from any oil or gas

exploration or production well (with its associated

equipment) and emissions from any pipeline compressor or pump station shall not be aggregated

with emissions from other similar units, whether

or not such units are in a contiguous area or under

common control, to determine whether such units

or stations are major sources; or.

(ii) For radionuclides, "major source" shall

have the meaning specified by the Administrator

by rule.

(B) A major stationary source of air pollutants, as

defined in section 302 of the Act, that directly emits

or has the potential to emit, 100 TPY or more of any

air pollutant (except gross particulate matter) subject

to regulation (including any major source of fugitive

emissions of any such pollutant, as determined by

rule by the Administrator). The fugitive emissions

of a stationary source shall not be considered in determining whether it is a major stationary source for

the purposes of section 302(j) of the Act, unless the

source belongs to one of the following categories of

stationary sources:

(i) Coal cleaning plants (with thermal dryers);

(ii) Kraft pulp mills;

(iii) Portland cement plants;

(iv) rimary zinc smelters;

(v) Iron and steel mills;

(vi) Primary aluminum ore reduction plants;

(vii) Primary copper smelters;

(viii) Municipal incinerators capable of charging

more than 250 tons of refuse per day;

(ix) Hydrofluoric, sulfuric, or nitric acid plants;

(x) Petroleum refineries;

(xi) Lime plants;

(xii) Phosphate rock processing plants;

(xiii) Coke oven batteries;

(xiv) Sulfur recovery plants;

(xv) Carbon black plants (furnace process);

(xvi) Primary lead smelters;

(xvii) Fuel conversion plants;

(xviii) Sintering plants;

(xix) Secondary metal production plants;

(xx) Chemical process plants (not including

ethanol production facilities that produce ethanol

by natural fermentation included in NAICS codes

325193 or 312140);

(xxi) Fossil-fuel boilers (or combination thereof)

totaling more than 250 million British thermal

units per hour heat input;

(xxii) Petroleum storage and transfer units with a

total storage capacity exceeding 300,000 barrels;

(xxiii) Taconite ore processing plants;

(xxiv) Glass fiber processing plants;

(xxv) Charcoal production plants;

(xxvi) Fossil-fuel-fired steam electric plants of

more than 250 million British thermal units per

hour heat input; or

(xxvii) All other stationary source categories

which, as of August 7, 1980, are being regulated

by a standard promulgated under section 111 or

112 of the Act.

(C) A major stationary source as defined in part D

of Title I of the Act, including:

(i) For ozone non-attainment areas, sources

with the potential to emit 100 TPY or more of

volatile organic compounds or oxides of nitrogen

in areas classified as "marginal" or "moderate," 50

TPY or more in areas classified as "serious," 25

TPY or more in areas classified as "severe," and

10 TPY or more in areas classified as "extreme";

except that the references in this paragraph to 100,

50, 25, and 10 TPY of nitrogen oxides shall not

apply with respect to any source for which the

Administrator has made a finding, under section

182(f)(1) or (2) of the Act, that requirements under

section 182(f) of the Act do not apply;

(ii) For ozone transport regions established

pursuant to section 184 of the Act, sources with

the potential to emit 50 TPY or more of volatile

organic compounds;

(iii) For carbon monoxide non-attainment areas:

(I) that are classified as "serious"; and

(II) in which stationary sources contribute

significantly to carbon monoxide levels as

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determined under rules issued by the Administrator, sources with the potential to emit 50 TPY

or more of carbon monoxide; and

(iv) For particulate matter (PM10) non-attainment areas classified as "serious," sources with the

potential to emit 70 TPY or more of PM10.

"Maximum capacity" means the quantity of air contaminants that theoretically could be emitted by a stationary

source without control devices based on the design capacity

or maximum production capacity of the source and 8,760

hours of operation per year. In determining the maximum

theoretical emissions of VOCs for a source, the design capacity

or maximum production capacity shall include the use of raw

materials, coatings and inks with the highest VOC content used

in practice by the source.

"Permit" means (unless the context suggests otherwise)

any permit or group of permits covering a Part 70 source that is

issued, renewed, amended, or revised pursuant to this Chapter.

"Permit modification" means a revision to a Part 70

construction or operating permit that meets the requirements of

OAC 252:100-8-7.2(b).

"Permit program costs" means all reasonable (direct and

indirect) costs required to develop and administer a permit program, as set forth in OAC 252:100-5-2.2 (whether such costs

are incurred by the DEQ or other State or local agencies that do

not issue permits directly, but that support permit issuance or

administration).

"Permit revision" means any permit modification or

administrative permit amendment.

"Potential to emit" means the maximum capacity of a

stationary source to emit any air pollutant under its physical

and operational design. Any physical or operational limitation

on the capacity of a source to emit an air pollutant, including

air pollution control equipment and restrictions on hours of

operation or on the type or amount of material combusted,

stored, or processed, shall be treated as part of its design if the

limitation is enforceable by the Administrator. This term does

not alter or affect the use of this term for any other purposes

under the Act, or the term "capacity factor" as used in Title IV

of the Act or the regulations promulgated thereunder.

"Proposed permit" means the version of a permit that the

DEQ proposes to issue and forwards to the Administrator for

review in compliance with OAC 252:100-8-8.

"Regulated air pollutant" means the following:

(A) Nitrogen oxides or any volatile organic compound (VOC), including those substances defined in

OAC 252:100-1-3, 252:100-37-2, and 252:100-39-2,

except those specifically excluded in the EPA definition of VOC in 40 CFR 51.100(s);

(B) Any pollutant for which a national ambient air

quality standard has been promulgated;

(C) Any pollutant that is subject to any standard

promulgated under section 111 of the Act;

(D) Any Class I or II ozone-depleting substance

subject to a standard promulgated under or established by Title VI of the Act;

(E) Any pollutant subject to a standard promulgated under section 112 or other requirements established under section 112 of the Act (Hazardous

Air Pollutants), including sections 112(g) (Modifications), (j) (Equivalent Emission Limitation by Permit,

and (r) (Prevention of Accidental Releases), including

the following:

(i) any pollutant subject to the requirements

under section 112(j) of the Act. If the Administrator fails to promulgate a standard by the date

established pursuant to section 112(e) of the Act

(Schedule for Standards and Review), any pollutant for which a subject source would be major

shall be considered to be regulated as to that source

on the date 18 months after the applicable date

established pursuant to section 112(e) of the Act;

and,

(ii) any pollutant for which the requirements

of section 112(g)(2) of the Act have been met, but

only with respect to the individual source subject

to the section 112(g)(2) requirement; or

(F) Any other substance for which an air emission

limitation or equipment standard is set by an existing

permit or regulation.

"Renewal" means the process by which a permit is reissued at the end of its term.

"Section 502(b)(10) changes" means changes that contravene an express permit term. Such changes do not include

changes that would violate applicable requirements or contravene federally enforceable permit terms and conditions that are

monitoring (including test methods), recordkeeping, reporting,

or compliance certification requirements.

"Small unit" means a fossil fuel fired combustion device

which serves a generator with a name plate capacity of 25 MWe

or less.

"State-only requirement" means any standard or requirement pursuant to Oklahoma Clean Air Act (27A O.S.§§

2-5-101 through 2-5-118, as amended) that is not contained in

the State Implementation Plan (SIP).

"State program" means a program approved by the

Administrator under 40 CFR Part 70.

"Stationary source" means any building, structure, facility, or installation that emits or may emit any regulated air pollutant or any pollutant listed under section 112(b) of the Act as

it existed on January 2, 2006.

"Subject to regulation" means, for any air pollutant, that

the pollutant is subject to either a provision in the federal Clean

Air Act, or a nationally-applicable regulation codified by the

EPA Administrator in subchapter C of Chapter I of 40 CFR,

that requires actual control of the quantity of emissions of that

pollutant, and that such a control requirement has taken effect

and is operative to control, limit, or restrict the quantity of

emissions of that pollutant released from the regulated activity.

Except that:

(A) Greenhouse gases (GHG) shall not be subject

to regulation unless, as of July 1, 2011, the GHG

emissions are at a stationary source emitting or having the potential to emit 100,000 TPY CO2 equivalent

Oklahoma Register (Volume 29, Number 17) 608 May 15, 2012
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emissions (CO2e) and are otherwise subject to regulation as previously described in this definition.

(B) The term TPY CO2 equivalent emissions

(CO2e) shall represent an amount of GHG emitted, and shall be computed by multiplying the mass

amount of emissions (TPY), for each of the six

greenhouse gases in the pollutant GHG, by the gas'

associated global warming potential (GWP) published in Table A-1 to subpart A of 40 CFR Part 98

B- Global Warming Potentials, and summing the

resultant value for each to compute a TPY CO2e. For

purposes of this definition, prior to July 21, 2014,

the mass of the greenhouse gas carbon dioxide shall

not include carbon dioxide emissions resulting from

the combustion or decomposition of non-fossilized

and biodegradable organic material originating

from plants, animals, or micro-organisms (including

products, by-products, residues and waste from agriculture, forestry and related industries, as well as the

non-fossilized and biodegradable organic fractions

of industrial and municipal wastes, including gases

and liquids recovered from the decomposition of

non-fossilized and biodegradable organic material).

(C) If federal legislation or a federal court stays,

invalidates, delays the effective date, or otherwise

renders unenforceable by the EPA, in whole or in part,

the EPA's tailoring rule (75 FR 31514, June 3, 2010),

endangerment finding (74 FR 66496, December 15,

2009), or light-duty vehicle greenhouse gas emission

standard (75 FR 25686, May 7, 2010), this definition

shall be enforceable only to the extent that it is enforceable by the EPA.

"Trivial activities" means any individual or combination

of air emissions units that are considered inconsequential and

are on a list approved by the Administrator and contained in

Appendix J.

"Unit" means, for purposes of Title IV, a fossil fuel-fired

combustion device.

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

operating permits

(a) Construction permits.

(1) Construction permit required. No person shall

begin actual construction or installation of any new source

that will require a Part 70 operating permit without first

obtaining a DEQ-issued air quality construction permit

under Part 5 of OAC 252:100-8. A construction permit

is also required prior to reconstruction of a major affected

source under 40 CFR Part 63, reconstruction of a major

source if it would then become a major affected source under 40 CFR 63, or for any physical change that would be a

significant modification under OAC 252:100-8-7.2(b)(2).

In addition to the requirements of this Part, sources subject

to Part 7 or Part 9 of this Subchapter must also meet the

applicable requirements contained therein.

(2) Requirement for case-by-case MACT determinations. (A)Applicability. The requirement for

case-by-case MACT determinations apply to any owner

or operator who constructs or reconstructs a major source

of hazardous air pollutants after June 29, 1998, unless the

source has been specifically regulated or exempted from

regulation under a subpart of 40 CFR Part 63, or the owner

or operator has received all necessary air quality permits

for such construction or reconstruction before June 29,

1998.

(B) Exclusions. The following sources are not

subject to this subsection.

(i) Electric utility steam generating units unless and until these units are added to the source

category list.

(ii) Stationary sources that are within a source

category that has been deleted from the source

category list.

(iii) Research and development activities as defined in 40 CFR ' 63.41.

(C) MACT determinations. If subject to this

subsection, an owner or operator may not begin actual construction or reconstruction of a major source

of HAP until obtaining from the DEQ an approved

MACT determination in accordance with the following regulations: 40 CFR 63.41, 40 CFR 63.43 and 40

CFR 63.44, which are hereby incorporated by reference as they exist on July 1, 2000.

(b) Operating permits.

(1) Operating permits required. Except as provided

in subparagraphs (A) and (B) of this sectionparagraph, no

Part 70 source subject to this Chapter may operate after the

time that it is required to file a timely application with the

DEQ, except in compliance with a DEQ-issued permit.

(A) If the owner or operator of a source subject to

the requirement to obtain a Part 70 permit submits

a timely application for Part 70 permit issuance or

renewal, that source's failure to have a Part 70 permit

shall not be a violation of the requirement to have

such a permit until the DEQ takes final action on the

application. This protection shall cease to apply if

the applicant fails to submit, by the deadline specified in writing by the DEQ or OAC 252:100-8-4, any

additional information identified as being reasonably

required to process the application.

(B) If the owner or operator of a source subject to

this Subchapter files a timely application that the DEQ

determines to be administratively incomplete due to

the applicant's failure to timely provide additional information requested by the DEQ, the applicant loses

the protection granted under paragraph (A) of this

Section. The source's failure to have a Part 70 permit

shall be deemed a violation of this Subchapter.

(C) Filing an operating permit application shall not

affect the requirement, if any, that a source have a construction permit.

(2) Duty to apply. For each Part 70 source, the owner

or operator shall submit a timely and complete permit

application on forms supplied by the DEQ in accordance

with this section.

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(3) Timely application. Sources that are subject to the

operating permit program established by this Chapter as

of March 6, 1996, shall file applications on the following

schedules outlined in OAC 252:100-8-4(b)(4). A timely

application is one that is postmarked on or before the

relevant date listed below in OAC 252:100-8-4(b). In the

event a major source consists of operations under multiple

SIC codes, the primary activity shall form the basis for the

initial permit application.

(4) Application submittal schedule. The following

sources are subject to the operating permit program and

shall submit initial permit applications according to the

following schedule.

(A) No later than September 5, 1996:

(i) Affected sources under the acid rain provisions of the Act shall submit a permit application

for at least the affected units at the site. Regardless of the effective date of the program and the

requirement to file an application defined in this

section, applications for initial Phase II acid rain

permits shall be submitted to the DEQ no later than

January 1, 1996, for sulfur dioxide, and by January

1, 1998, for nitrogen oxides, pursuant to the Act,

§407.

(ii) Any owner or operator shall submit no less

than one-third of their total applications for Part

70 sources located at sources classified by the following Source Standard Industrial Classification

Codes and which belong to a single major industrial grouping other than 28 (Chemicals and allied

products) or 29 (Petroleum refining and related

industries):

(I) Petroleum and Natural Gas, 1311;

(II) Natural Gas Liquids, 1321;

(III) Electric Services, 4911, 4961;

(IV) Natural Gas Transmission, 4922;

(V) Natural Gas Transmission and Distribution, 4923; and

(VI) Petroleum Bulk Stations and Terminals, 5171.

(B) All remaining Part 70 sources identified in

(b)(4)(A)(ii) of this Subsection shall be subject to

the operating permit program and shall submit initial

permit applications no later than March 5, 1997.

(C) No later than March 5, 1997, any owner or

operator shall submit their applications for Part 70

sources located at sources classified by the following

Standard Industrial Classification Codes:

(i) Metals, 3312, 3315, 3321, 3341, 3351,

3411, 3412, 3432, 3466,

(ii) Brick Plants, 3251, 3297,

(iii) Commercial Printing, 2752, 2761.

(D) No later than July 5, 1998, any owner or operator shall submit their applications for Part 70 sources

located at sources classified by the following Standard Industrial Classification Codes:

(i) Refineries, 2911;

(ii) Cement Plants, 3241;

(iii) Chemical/Carbon, 2819, 2821, 2851,

2861, 2869, 2891, 2895, 2899, 2999, 3053, 3086,

3089;

(iv) Petroleum Transportation/Terminals/Storage, 4612, 4613;

(v) Food Products, 2013, 2074, 2095.

(E) All remaining Part 70 sources shall be subject

to the operating permit program and shall submit initial permit applications no later than March 6, 1999.

(5) Newly regulated sources. A source that becomes

subject to the Part 70 operating permit program established by this Chapter at any time following the effective

date on or after March 6, 1996, shall file an administratively complete operating permit application within 180

days of commencement of operation in accordance with

the following schedule.

(A) A new source shall file an administratively

complete operating permit application within 180

days of commencement of operation.

(B) An existing source that becomes subject to the

Part 70 operating permit program due to modification

shall file an administratively complete operating permit application within 180 days of commencement of

operation of the modification.

(C) An existing source that becomes subject to the

Part 70 operating permit program without undergoing physical or operational changes resulting in an increase in the emission of any air pollutant subject to

regulation shall file an administratively complete operating permit application within 12 months after the

date the source first becomes subject to the Part 70

operating permit program.

(6) Application acceptability. Notwithstanding the

deadlines established in paragraph (4) of this subsection,

an application filed prior to the above deadlines following

submission of the state program to EPA for approval shall

be accepted for processing.

(7) 112(g) applications. A source that is required to

meet the requirements under section 112(g) of the Act, or

to have a permit under a preconstruction review program

under Title I of such Act, shall file an application to obtain

an operating permit or permit amendment or modification

within twelve months of commencing operation. Where

an existing Part 70 operating permit would prohibit such

construction or change in operation, the source must

obtain a construction permit before commencing construction.

(8) Application for renewal. Sources subject to this

Chapter shall file an application for renewal of an operating permit at least 180 days before the date of permit

expiration, unless a longer period (not to exceed 540 days)

is specified in the permit. Renewal periods greater than

180 days are subject to negotiation on a case-by-case

basis.

(9) Phase II acid rain permits. Sources required

to submit applications under the Acid Rain Program

shall submit these applications as required by 40 CFR

72.30(b)(2)(i) through (viii).

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(10) Application completeness. See Environmental

Permit Process, OAC 252:4-7-7 and the definition of "administratively complete" in OAC 252:100-8-2.

PART 7. PREVENTION OF SIGNIFICANT

DETERIORATION (PSD) REQUIREMENTS FOR

ATTAINMENT AREAS

252:100-8-31. Definitions

The following words and terms when used in this Part

shall have the following meaning, unless the context clearly

indicates otherwise. All terms used in this Part that are not

defined in this Section shall have the meaning given to them in

OAC 252:100-1-3, 252:100-8-1.1, or in the Oklahoma Clean

Air Act.

"Actual emissions" means the actual rate of emissions

of a regulated NSR pollutant from an emissions unit, as determined in accordance with paragraphs (A) through (C) of this

definition, except that this definition shall not apply for calculating whether a significant emissions increase has occurred, or

for establishing a PAL under OAC 252:100-8-38. Instead, the

definitions of "projected actual emissions" and "baseline actual

emissions" shall apply for those purposes.

(A) In general, actual emissions as of a particular

date shall equal the average rate in TPY at which the

unit actually emitted the pollutant during a consecutive 24-month period which precedes the particular

date and which is representative of normal source

operation. The Director shall allow the use of a different time period upon a determination that it is more

representative of normal source operation. Actual

emissions shall be calculated using the unit's actual

operating hours, production rates, and types of materials processed, stored, or combusted during the

selected time period.

(B) The Director may presume that source-specific

allowable emissions for the unit are equivalent to the

actual emissions of the unit.

(C) For any emissions unit that has not begun

normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on

that date.

"Allowable emissions" means the emission rate of a

stationary source calculated using the maximum rated capacity

of the source (unless the source is subject to enforceable limits

which restrict the operating rate, or hours of operation, or both)

and the most stringent of the following:

(A) the applicable standards as set forth in 40 CFR

Parts 60 and 61;

(B) the applicable State rule allowable emissions;

or,

(C) the emissions rate specified as an enforceable

permit condition.

"Baseline actual emissions" means the rate of emissions,

in TPY, of a regulated NSR pollutant, as determined in accordance with paragraphs (A) through (E) of this definition.

(A) The baseline actual emissions shall be based on

current emissions data and the unit's utilization during

the period chosen. Current emission data means the

most current and accurate emission factors available

and could include emissions used in the source's latest

permit or permit application, the most recent CEM

data, stack test data, manufacturer's data, mass balance, engineering calculations, and other emission

factors.

(B) For any existing electric utility steam generating unit (EUSGU), baseline actual emissions

means the average rate, in TPY, at which the unit

actually emitted the pollutant during any consecutive

24-month period selected by the owner or operator

within the 5-year period immediately preceding the

date that a complete permit application is received

by the Director for a permit required under OAC

252:100-8. The Director shall allow the use of a different time period upon a determination that it is more

representative of normal source operation.

(i) The average rate shall include fugitive

emissions to the extent quantifiable, and emissions

associated with start-ups, shutdowns, and malfunctions.

(ii) The average rate shall be adjusted downward to exclude any noncompliant emissions that

occurred while the source was operating above an

emission limitation that was legally enforceable

during the consecutive 24-month period.

(iii) For a regulated NSR pollutant, when a

project involves multiple emissions units, only

one consecutive 24-month period shall be used to

determine the baseline actual emissions for all the

emissions units affected by the project. A different

consecutive 24-month period can be used for each

regulated NSR pollutant.

(iv) The average rate shall not be based on any

consecutive 24-month period for which there is

inadequate information for determining annual

emissions, in TPY, and for adjusting this amount if

required by (B)(ii) of this definition.

(C) For an existing emissions unit (other than

an EUSGU), baseline actual emissions means the

average rate in TPY, at which the emissions unit actually emitted the pollutant during any consecutive

24-month period selected by the owner or operator

within the 10-year period immediately preceding

either the date the owner or operator begins actual

construction of the project, or the date a complete

permit application is received by the Director for a

permit required either under this Part or under a plan

approved by the Administrator, whichever is earlier,

except that the 10 year period shall not include any

period earlier than November 15, 1990.

(i) The average rate shall include fugitive

emissions to the extent quantifiable, and emissions

associated with startups, shutdowns, and malfunctions.

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(ii) The average rate shall be adjusted downward to exclude any noncompliant emissions that

occurred while the source was operating above an

emission limitation that was legally enforceable

during the consecutive 24-month period.

(iii) The average rate shall be adjusted downward to exclude any emissions that would have

exceeded an emission limitation with which the

major stationary source must currently comply,

had such major stationary source been required to

comply with such limitations during the consecutive 24-month period. However, if an emission

limitation is part of a MACT standard that the

Administrator proposed or promulgated under 40

CFR 63, the baseline actual emissions need only

be adjusted if DEQ has taken credit for such emissions reduction in an attainment demonstration or

maintenance plan consistent with requirements of

40 CFR 51.165(a)(3)(ii)(G).

(iv) For a regulated NSR pollutant, when a

project involves multiple emissions units, only

one consecutive 24-month period must be used

to determine the baseline actual emissions for the

emissions units being changed. A different consecutive 24-month period can be used for each

regulated NSR pollutant.

(v) The average rate shall not be based on any

consecutive 24-month period for which there is

inadequate information for determining annual

emissions, in TPY, and for adjusting this amount if

required by (C)(ii) and (iii) of this definition.

(D) For a new emissions unit, the baseline actual

emissions for purposes of determining the emissions

increase that will result from the initial construction and operation of such unit shall equal zero; and

thereafter, for all other purposes, shall equal the unit's

potential to emit.

(E) For a PAL for a stationary source, the baseline

actual emissions shall be calculated for existing EUSGU in accordance with the procedures contained

in paragraph (B) of this definition, for other existing

emissions units in accordance with the procedures

contained in Paragraph (C) of this definition, and for a

new emissions unit in accordance with the procedures

contained in paragraph (D) of this definition.

"Baseline area" means any intrastate areas (and every

part thereof) designated as attainment or unclassifiable under

section 107(d)(1)(A)(ii) or (iii) of the Act in which the major

source or major modification establishing the minor source

baseline date would construct or would have an air quality impact for the pollutant for which the baseline date is established,

as follows: Equal to or greater than 1 Fg/m3μg/m3 (annual

average) for SO2, NO2, or PM10; or equal or greater than 0.3

Fg/m3μg/m3 (annual average) for PM2.5.

(A) Area redesignations under section107(d)(1)(A)(ii) or (iii) of the Act cannot intersect

or be smaller than the area of impact of any major

stationary source or major modification which:

(i) establishes a minor source baseline date; or

(ii) is subject to 40 CFR 52.21 or OAC

252:100-8, Part 7, and would be constructed in

the same State as the State proposing the redesignation.

(B) Any baseline area established originally for the

TSP increments shall remain in effect and shall apply

for purposes of determining the amount of available

PM10 increments, except that such baseline area shall

not remain in effect if the Director rescinds the corresponding minor source baseline date in accordance

with paragraph (D) of the definition of "baseline

date".

"Baseline concentration" means that ambient concentration level that exists in the baseline area at the time of the applicable minor source baseline date.

(A) A baseline concentration is determined for

each pollutant for which a minor source baseline date

is established and shall include:

(i) the actual emissions representative of

sources in existence on the applicable minor

source baseline date, except as provided in (B) of

this definition.

(ii) the allowable emissions of major stationary sources that commenced construction before

the major source baseline date, but were not in

operation by the applicable minor source baseline

date.

(B) The following will not be included in the baseline concentration and will affect the applicable maximum allowable increase(s):

(i) actual emissions from any major stationary

source on which construction commenced after the

major source baseline date; and,

(ii) actual emissions increases and decreases

at any stationary source occurring after the minor

source baseline date.

"Baseline date" means:

(A) Major source baseline date means:

(i) in the case of PM10 and sulfur dioxide, January 6, 1975;

(ii) in the case of nitrogen dioxide, February 8,

1988; and

(iii) in the case of PM2.5, October 20, 2010.

(B) Minor source baseline date means the earliest

date after the trigger date on which a major stationary source or major modification (subject to 40 CFR

52.21 or OAC 252:100-8, Part 7) submits a complete

application. The trigger date is:

(i) in the case of PM10 and sulfur dioxide, August 7, 1977;

(ii) in the case of nitrogen dioxide, February 8,

1988; and

(iii) in the case of PM2.5, October 20, 2011.

(C) The baseline date is established for each

pollutant for which increments or other equivalent

measures have been established if:

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(i) the area in which the proposed source

or modification would construct is designated

as attainment or unclassifiable under section

107(d)(1)(A)(ii) or (iii) of the Act for the pollutant

on the date of its complete application under 40

CFR 52.21 or under OAC 252:100-8, Part 7; and

(ii) in the case of a major stationary source, the

pollutant would be emitted in significant amounts,

or, in the case of a major modification, there would

be a significant net emissions increase of the pollutant.

(D) Any minor source baseline date established

originally for the TSP increments shall remain in

effect and shall apply for purposes of determining the

amount of available PM10 increments, except that the

Director may rescind any such minor source baseline

date where it can be shown, to the satisfaction of the

Director, that the emissions increase from the major

stationary source, or the net emissions increase from

the major modification, responsible for triggering that

date did not result in a significant amount of PM10

emissions.

"Begin actual construction" means in general, initiation

of physical on-site construction activities on an emissions unit

which are of a permanent nature.

(A) Such activities include, but are not limited to,

installation of building supports and foundations,

laying of underground pipework, and construction of

permanent storage structures.

(B) With respect to a change in method of operation this term refers to those on-site activities, other

than preparatory activities, which mark the initiation

of the change.

"Best available control technology" or "BACT" means

an emissions limitation (including a visible emissions standard) based on the maximum degree of reduction for each

regulated NSR pollutant which would be emitted from any proposed major stationary source or major modification which the

Director, on a case-by-case basis, taking into account energy,

environmental, and economic impacts and other costs, determines is achievable for such source or modification through

application of production processes or available methods,

systems, and techniques, including fuel cleaning or treatment

or innovative fuel combination techniques for control of such

pollutant. In no event shall application of BACT result in

emissions of any pollutant which would exceed the emissions

allowed by any applicable standard under 40 CFR parts 60 and

61. If the Director determines that technological or economic

limitations on the application of measurement methodology

to a particular emissions unit would make the imposition of

an emissions standard infeasible, a design, equipment, work

practice, operational standard or combination thereof, may be

prescribed instead to satisfy the requirement for the application

of BACT. Such standard shall, to the degree possible, set forth

the emissions reduction achievable by implementation of

such design, equipment, work practice or operation, and shall

provide for compliance by means which achieve equivalent

results.

"Clean coal technology" means any technology, including technologies applied at the precombustion, combustion, or

post combustion stage, at a new or existing facility which will

achieve significant reductions in air emissions of sulfur dioxide

or oxides of nitrogen associated with the utilization of coal in

the generation of electricity, or process steam which was not in

widespread use as of November 15, 1990.

"Clean coal technology demonstration project" means

a project using funds appropriated under the heading "Department of Energy-Clean Coal Technology", up to a total amount

of $2,500,000,000 for commercial demonstration of clean coal

technology, or similar projects funded through appropriations

for the EPA. The Federal contribution for a qualifying project

shall be at least 20% of the total cost of the demonstration

project.

"Commence" means, as applied to construction of a major stationary source or major modification, that the owner or

operator has all necessary preconstruction approvals or permits

and either has:

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

be completed within a reasonable time; or,

(B) entered into binding agreements or contractual

obligations, which cannot be cancelled or modified

without substantial loss to the owner or operator, to

undertake a program of actual construction of the

source to be completed within a reasonable time.

"Construction" means any physical change or change

in the method of operation (including fabrication, erection,

installation, demolition, or modification of an emissions unit)

that would result in a change in emissions.

"Continuous emissions monitoring system" or

"CEMS" means all of the equipment that may be required

to meet the data acquisition and availability requirements to

sample, condition (if applicable), analyze, and provide a record

of emissions on a continuous basis.

"Continuous emissions rate monitoring system" or

"CERMS" means the total equipment required for the determination and recording of the pollutant mass emissions rate (in

terms of mass per unit of time).

"Continuous parameter monitoring system" or

"CPMS" means all of the equipment necessary to meet the

data acquisition and availability requirements to monitor

process and control device operational parameters (for example, control device secondary voltages and electric currents)

and other information (for example, gas flow rate, O2, or CO2

concentrations), and to record average operational parameter

value(s) on a continuous basis.

"Electric utility steam generating unit" or "EUSGU"

means any steam electric generating unit that is constructed for

the purpose of supplying more than one-third of its potential

electric output capacity and more than 25 MW electrical output

to any utility power distribution system for sale. Any steam

supplied to a steam distribution system for the purpose of providing steam to a steam-electric generator that would produce

electrical energy for sale is also considered in determining the

electrical energy output capacity of the affected facility.

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"Emissions unit" means any part of a stationary source

that emits or would have the potential to emit any regulated

NSR pollutant and includes an EUSGU. There are two types of

emissions units as described in paragraphs (A) and (B) of this

definition.

(A) A new emissions unit is any emissions unit that

is (or will be) newly constructed and that has existed

for less than 2 years from the date such emissions unit

first operated.

(B) An existing emissions unit is any emissions

unit that does not meet the requirements in paragraph

(A) of this definition. A replacement unit is an existing emissions unit.

"Federal Land Manager" means with respect to any

lands in the United States, the Secretary of the department with

authority over such lands.

"High terrain" means any area having an elevation 900

feet or more above the base of the stack of a source.

"Innovative control technology" means any system of

air pollution control that has not been adequately demonstrated

in practice, but would have a substantial likelihood of achieving greater continuous emissions reduction than any control

system in current practice or of achieving at least comparable

reductions at lower cost in terms of energy, economics, or

non-air quality environmental impacts.

"Low terrain" means any area other than high terrain.

"Major modification" means:

(A) Any physical change in or change in the

method of operation of a major stationary source

that would result in a significant emissions increase

of a regulated NSR pollutant and a significant net

emissions increase of that pollutant from the major

stationary source is a major modification.

(i) Any significant emissions increase from

any emissions units or net emissions increase at a

major stationary source that is significant for VOC

or NOX shall be considered significant for ozone.

(ii) A physical change or change in the method

of operation shall not include:

(I) routine maintenance, repair and replacement;

(II) use of an alternative fuel or raw material by reason of any order under sections

2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any

superseding legislation) or by reason of a natural gas curtailment plan pursuant to the Federal

Power Act;

(III) use of an alternative fuel by reason of

an order or rule under section 125 of the Act;

(IV) use of an alternative fuel at a steam

generating unit to the extent that the fuel is generated from municipal solid waste;

(V) use of an alternative fuel or raw material by a stationary source which the source was

capable of accommodating before January 6,

1975, (unless such change would be prohibited

under any enforceable permit condition which

was established after January 6, 1975) or the

source is approved to use under any permit issued under 40 CFR 52.21 or OAC 252:100-7 or

252:100-8;

(VI) an increase in the hours of operation

or in the production rate, unless such change

would be prohibited under any federally enforceable permit condition which was established after January 6, 1975;

(VII) any change in source ownership;

(VIII) the installation, operation, cessation,

or removal of a temporary clean coal technology demonstration project, provided the

project complies with OAC 252:100 and other

requirements necessary to attain and maintain

the NAAQS during the project and after it is

terminated;

(IX) the installation or operation of a permanent clean coal technology demonstration

project that constitutes repowering, provided

that the project does not result in an increase in

the potential to emit of any regulated pollutant

(on a pollutant-by-pollutant basis) emitted by

the unit; or

(X) the reactivation of a very clean

coal-fired EUSGU.

(B) This definition shall not apply with respect to

a particular regulated NSR pollutant when the major

stationary source is complying with the requirements

under OAC 252:100-8-38 for a PAL for that pollutant.

Instead, the definition of "PAL major modification" at

40 CFR 51.166(w)(2)(viii) shall apply.

"Major stationary source" means

(A) A major stationary source is:

(i) any of the following stationary sources of

air pollutants which emits, or has the potential to

emit, 100 TPY or more of a regulated NSR pollutant:

(I) carbon black plants (furnace process),

(II) charcoal production plants,

(III) chemical process plants, (not including ethanol production facilities that produce

ethanol by natural fermentation included in

NAICS codes 325193 or 312140),

(IV) coal cleaning plants (with thermal dryers),

(V) coke oven batteries,

(VI) fossil-fuel boilers (or combination

thereof) totaling more than 250 million BTU

per hour heat input,

(VII) fossil fuel-fired steam electric plants of

more than 250 million BTU per hour heat input,

(VIII) fuel conversion plants,

(IX) glass fiber processing plants,

(X) hydrofluoric, sulfuric or nitric acid

plants,

(XI) iron and steel mill plants,

(XII) kraft pulp mills,

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(XIII) lime plants,

(XIV) municipal incinerators capable of

charging more than 250 tons of refuse per day,

(XV) petroleum refineries,

(XVI) petroleum storage and transfer units

with a total storage capacity exceeding 300,000

barrels,

(XVII) phosphate rock processing plants,

(XVIII) portland cement plants,

(XIX) primary aluminum ore reduction

plants,

(XX) primary copper smelters,

(XXI) primary lead smelters,

(XXII) primary zinc smelters,

(XXIII) secondary metal production plants,

(XXIV) sintering plants,

(XXV) sulfur recovery plants, or

(XXVI) taconite ore processing plants;

(ii) any other stationary source not on the list

in (A)(i) of this definition which emits, or has the

potential to emit, 250 TPY or more of a regulated

NSR pollutant;

(iii) any physical change that would occur at

a stationary source not otherwise qualifying as a

major stationary source under this definition if the

change would constitute a major stationary source

by itself.

(B) A major source that is major for VOC or NOX

shall be considered major for ozone.

(C) The fugitive emissions of a stationary source

shall not be included in determining for any of the

purposes of this Part whether it is a major stationary

source, unless the source belongs to one of the following categories of stationary sources:

(i) the stationary sources listed in (A)(i) of this

definition;

(ii) any other stationary source category which,

as of August 7, 1980, is being regulated under section 111 or 112 of the Act.

"Necessary preconstruction approvals or permits"

means those permits or approvals required under all applicable

air quality control laws and rules.

"Net emissions increase" means:

(A) with respect to any regulated NSR pollutant

emitted by a major stationary source, the amount by

which the sum of the following exceeds zero:

(i) the increase in emissions from a particular

physical change or change in the method of operation at a stationary source as calculated pursuant to

OAC 252:100-8-30(b); and,

(ii) any other increases and decreases in actual emissions at the major stationary source that

are contemporaneous with the particular change

and are otherwise creditable. Baseline actual

emissions for calculating increases and decreases

under (A)(ii) of this definition shall be determined

as provided in the definition of "baseline actual

emissions", except that (B)(iii) and (C)(iv) of that

definition shall not apply.

(B) An increase or decrease in actual emissions

is contemporaneous with the increase from the particular change only if it occurs within 3 years before

the date that the increase from the particular change

occurs.

(C) An increase or decrease in actual emissions is

creditable only if:

(i) it is contemporaneous; and

(ii) he Director has not relied on it in issuing a

permit for the source under OAC 252:100-8, Part

7, which permit is in effect when the increase in actual emissions from the particular change occurs.

(D) An increase or decrease in actual emissions

of sulfur dioxide, particulate matter, or nitrogen oxides that occurs before the applicable minor source

baseline date is creditable only if it is required to be

considered in calculating the amount of maximum

allowable increases remaining available.

(E) An increase in actual emissions is creditable

only to the extent that the new level of actual emissions exceeds the old level.

(F) A decrease in actual emissions is creditable

only to the extent that it meets all the conditions in

(F)(i) through (iii) of this definition.

(i) It is creditable if the old level of actual

emissions or the old level of allowable emissions,

whichever is lower, exceeds the new level of actual

emissions.

(ii) It is creditable if it is enforceable as a

practical matter at and after the time that actual

construction on the particular change begins.

(iii) It is creditable if it has approximately the

same qualitative significance for public health and

welfare as that attributed to the increase from the

particular change.

(G) An increase that results from a physical change

at a source occurs when the emissions unit on which

construction occurred becomes operational and begins to emit a particular pollutant. Any replacement

unit that requires shakedown becomes operational

only after a reasonable shakedown period, not to exceed 180 days.

(H) Paragraph (A) of the definition of "actual

emissions" shall not apply for determining creditable

increases and decreases.

"Potential to emit" means the maximum capacity of a

stationary source to emit a pollutant under its physical and

operational design. Any physical or operational limitation

on the capacity of the source to emit a pollutant, including air

pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored or

processed, shall be treated as part of its design if the limitation

or the effect it would have on emissions is enforceable. Secondary emissions do not count in determining the potential to

emit of a stationary source.

May 15, 2012 615 Oklahoma Register (Volume 29, Number 17)
Permanent Final Adoptions

"Predictive emissions monitoring system" or "PEMS"

means all of the equipment necessary to monitor process and

control device operational parameters (for example, control

device secondary voltages and electric currents) and other

information (for example, gas flow rate, O2, or CO2 concentrations), and calculate and record the mass emissions rate (for

example, lb/hr) on a continuous basis.

"Prevention of Significant Deterioration (PSD) program" means a major source preconstruction permit program

that has been approved by the Administrator and incorporated

into the plan to implement the requirements of 40 CFR 51.166,

or the program in 40 CFR 52.21. Any permit issued under such

a program is a major NSR permit.

"Project" means a physical change in, or change in

method of operation of, an existing major stationary source.

"Projected actual emissions" means

(A) Projected actual emissions means the maximum annual rate, in TPY, at which an existing

emissions unit is projected to emit a regulated NSR

pollutant in any one of the 5 years (12-month period)

following the date the unit resumes regular operation after the project, or in any one of the 10 years

following that date, if the project involves increasing

the emissions unit's design capacity or its potential to

emit that regulated NSR pollutant, and full utilization

of the unit would result in a significant emissions

increase, or a significant net emissions increase at the

major stationary source.

(B) In determining the projected actual emissions

under paragraph (A) of this definition (before beginning actual construction), the owner or operator of the

major stationary source:

(i) shall consider all relevant information,

including but not limited to, historical operational data, the company's own representations,

the company's expected business activity and the

company's highest projections of business activity,

the company's filings with the State or Federal

regulatory authorities, and compliance plans under

the approved plan; and

(ii) shall include fugitive emissions to the extent quantifiable and emissions associated with

start-ups, shutdowns, and malfunctions; and

(iii) shall exclude, in calculating any increase in

emissions that results from the particular project,

that portion of the unit's emissions following the

project that an existing unit could have accommodated during the consecutive 24-month period

used to establish the baseline actual emissions and

that are also unrelated to the particular project,

including any increased utilization due to product

demand growth; or,

(iv) in lieu of using the method set out in (B)(i)

through (iii) of this definition, may elect to use the

emissions unit's potential to emit, in TPY.

"Reactivation of a very clean coal-fired electric utility

steam generating unit" means any physical change or change

in the method of operation associated with the commencement

of commercial operations by a coal-fired utility unit after a

period of discontinued operation where the unit:

(A) has not been in operation for the two-year

period prior to the enactment of the Clean Air Act

Amendments of 1990, and the emissions from such

unit continue to be carried in the Department's emissions inventory at the time of enactment;

(B) was equipped prior to shutdown with a continuous system of emissions control that achieves a

removal efficiency for sulfur dioxide of no less than

85% and a removal efficiency for particulates of no

less than 98%;

(C) is equipped with low-NOX burners prior to

the time of commencement of operations following

reactivation; and

(D) is otherwise in compliance with the requirements of the Act.

"Regulated NSR pollutant" means

(A) A regulated NSR pollutant is:

(i) any pollutant for which a NAAQS has been

promulgated and any pollutant identified under

(A)(i) of this definition as a constituent or precursor to such pollutant. Precursors identified by the

Administrator for purposes of NSR are the following:

(I) volatile organic compounds and nitrogen oxides are precursors to ozone in all

attainment and unclassifiable areas.

(II) sulfur dioxide is a precursor to PM2.5 in

all attainment and unclassifiable areas.

(III) nitrogen oxides are presumed to be

precursors to PM2.5 in all attainment and unclassifiable areas, unless the State demonstrates

to the EPA Administrator's satisfaction or EPA

demonstrates that emissions of nitrogen oxides

from sources in a specific area are not a significant contributor to that area's ambient PM2.5

concentrations.

(IV) volatile organic compounds are presumed not to be precursors to PM2.5 in any

attainment or unclassifiable area, unless the

State demonstrates to the EPA Administrator's

satisfaction or EPA demonstrates that emissions

of volatile organic compounds from sources in

a specific area are a significant contributor to

that area's ambient PM2.5 concentrations.

(ii) any pollutant that is subject to any standard

promulgated under section 111 of the Act;

(iii) any Class I or II substance subject to a standard promulgated under or established by title VI

of the Act; or

(iv) any pollutant that otherwise is "subject

to regulation" under the Act as defined in the

definition of "subject to regulation" in OAC

252:100-8-31;

(v) PM emissions, PM2.5 emissions, and PM10

emissions shall include gaseous emissions from

Oklahoma Register (Volume 29, Number 17) 616 May 15, 2012
Permanent Final Adoptions

a source or activity which condense to form particulate matter at ambient temperatures. Such

condensable particulate matter shall be accounted

for in applicability determinations and in establishing emissions limitations for PM, PM2.5, and

PM10 in PSD permits.

(B) Regulated NSR pollutant does not include:

(i) any or all HAP either listed in section 112

of the Act or added to the list pursuant to section

112(b)(2) of the Act, which have not been delisted

pursuant to section 112(b)(3) of the Act, unless the

listed HAP is also regulated as a constituent or precursor of a general pollutant listed under section

108 of the Act; or

(ii) any pollutant that is regulated under section 112(r) of the Act, provided that such pollutant

is not otherwise regulated under the Act.

"Replacement unit" means an emissions unit for which

all the criteria listed in paragraphs (A) through (D) of this

definition are met. No creditable emission reduction shall be

generated from shutting down the existing emissions unit that

is replaced.

(A) The emissions unit is a reconstructed unit

within the meaning of 40 CFR 60.15(b)(1), or the

emissions unit completely takes the place of an existing emissions unit.

(B) The emissions unit is identical to or functionally equivalent to the replaced emissions unit.

(C) The replacement unit does not alter the basic

design parameter(s) of the process unit.

(D) The replaced emissions unit is permanently

removed from the major stationary source, otherwise

permanently disabled, or permanently barred from

operating by a permit that is enforceable as a practical

matter. If the replaced emissions unit is brought back

into operation, it shall constitute a new emissions unit.

"Repowering" means

(A) Repowering shall mean the replacement of an

existing coal-fired boiler with one of the following

clean coal technologies: atmospheric or pressurized

fluidized bed combustion, integrated gasification

combined cycle, magnetohydrodynamics, direct and

indirect coal-fired turbines, integrated gasification

fuel cells, or as determined by the Administrator, in

consultation with the Secretary of Energy, a derivative of one or more of these technologies, and any

other technology capable of controlling multiple

combustion emissions simultaneously with improved

boiler or generation efficiency and with significantly

greater waste reduction relative to the performance

of technology in widespread commercial use as of

November 15, 1990.

(B) Repowering shall also include any oil and/or

gas-fired unit which has been awarded clean coal

technology demonstration funding as of January 1,

1991, by the Department of Energy.

(C) The Director shall give expedited consideration to permit applications for any source that satisfies

the requirements of this definition and is granted an

extension under section 409 of the Act.

"Significant" means:

(A) In reference to a net emissions increase or the

potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed

any of the following significant emission rates:

(i) carbon monoxide: 100TPY,

(ii) nitrogen oxides: 40 TPY,

(iii) sulfur dioxide: 40 TPY,

(iv) particulate matter: 25 TPY of particulate

matter emissions or 15 TPY of PM10 emissions,

(v) PM2.5: 10 TPY of direct PM2.5 emissions;

40 TPY of sulfur dioxide emissions; or 40 TPY

of nitrogen oxide emissions unless demonstrated

not to be a PM2.5 precursor under the definition of

"regulated NSR pollutant",

(vi) ozone: 40 TPY of VOC or NOX,

(vii) lead: 0.6 TPY,

(viii) fluorides: 3 TPY,

(ix) sulfuric acid mist: 7 TPY,

(x) hydrogen sulfide (H2S): 10 TPY,

(xi) total reduced sulfur (including H2S): 10

TPY,

(xii) reduced sulfur compounds (including

H2S): 10 TPY,

(xiii) municipal waste combustor organics

(measured as total tetra-through octa-chlorinated

dibenzo-p-dioxins and dibenzofurans): 3.5 x 10-6

TPY,

(xiv) municipal waste combustor metals (measured as particulate matter): 15 TPY,

(xv) municipal waste combustor acid gases

(measured as sulfur dioxide and hydrogen chloride): 40 TPY,

(xvi) municipal solid waste landfill emissions

(measured as nonmethane organic compounds):

50 TPY.

(B) Any emissions rate or any net emissions increase associated with a major stationary source or

major modification which would construct within 6

miles of a Class I area, and have an impact on such

area equal to or greater than 1 Fg/m31 μg/m3 (24-hour

average).

"Significant emissions increase" means, for a regulated

NSR pollutant, an increase in emissions that is significant for

that pollutant.

"Significant net emissions increase" means a significant

emissions increase and a net increase.

"Stationary source" means any building, structure, facility or installation which emits or may emit a regulated NSR pollutant.

"Subject to regulation" means, for any air pollutant, that

the pollutant is subject to either a provision in the federal Clean

Air Act, or a nationally-applicable regulation codified by the

EPA Administrator in subchapter C of Chapter I of 40 CFR,

that requires actual control of the quantity of emissions of that

pollutant, and that such a control requirement has taken effect

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and is operative to control, limit, or restrict the quantity of

emissions of that pollutant released from the regulated activity.

Except that:

(A) Greenhouse gases (GHG) shall not be subject

to regulation except as provided in (D) through (E) of

this definition.

(B) For purposes of (C) through (E) of this definition, the term TPY CO2 equivalent emissions (CO2e)

shall represent an amount of GHG emitted, and shall

be computed as follows:

(i) Multiplying the mass amount of emissions

(in TPY), for each of the six greenhouse gases in

the pollutant GHG, by the gas' associated global

warming potential (GWP) published in Table A-1

to subpart A of 40 CFR Part 98 B- Global Warming

Potentials. For purposes of this definition, prior

to July 21, 2014, the mass of the greenhouse gas

carbon dioxide shall not include carbon dioxide

emissions resulting from the combustion or decomposition of non-fossilized and biodegradable

organic material originating from plants, animals,

or micro-organisms (including products, by-products, residues and waste from agriculture, forestry

and related industries, as well as the non-fossilized

and biodegradable organic fractions of industrial

and municipal wastes, including gases and liquids

recovered from the decomposition of non-fossilized and biodegradable organic material).

(ii) Summing the resultant value from (B)(i)

of this definition for each gas to compute a TPY

CO2e.

(C) The term emissions increase as used in (D)

through (E) of this definition shall mean that both a

significant emissions increase (as calculated using the

procedures in OAC 252:100-8-30(b)(1) through (5))

and a significant net emissions increase (as defined in

the definitions of "net emissions increase" and "significant" in 252:100-8-31) occur. For the pollutant

GHG, an emissions increase shall be based on TPY

CO2e, and shall be calculated assuming the pollutant

GHG is a regulated NSR pollutant, and "significant"

is defined as 75,000 TPY CO2e and the emissions

are otherwise subject to regulation as previously described in this definition.

(D) Beginning January 2, 2011, the pollutant GHG

is subject to regulation if it meets the other requirements of this definition and if:

(i) The stationary source is a new major stationary source for a regulated NSR pollutant that

is not GHG, and also will emit or will have the

potential to emit 75,000 TPY CO2e or more; or

(ii) The stationary source is an existing major

stationary source for a regulated NSR pollutant

that is not GHG, and also will have an emissions

increase of a regulated NSR pollutant, and an

emissions increase of 75,000 TPY CO2e or more.

(E) Beginning July 1, 2011, in addition to the provisions in (D) of this definition, the pollutant GHG

shall also be subject to regulation:

(i) At a new stationary source that will emit or

have the potential to emit 100,000 TPY CO2e; or

(ii) At an existing stationary source that emits

or has the potential to emit 100,000 TPY CO2e,

when such stationary source undertakes a physical

change or change in the method of operation that

will result in an emissions increase of 75,000 TPY

CO2e or more.

(F) If federal legislation or a federal court stays,

invalidates, delays the effective date, or otherwise

renders unenforceable by the EPA, in whole or in part,

the EPA's tailoring rule (75 FR 31514, June 3, 2010),

endangerment finding (74 FR 66496, December 15,

2009), or light-duty vehicle greenhouse gas emission

standard (75 FR 25686, May 7, 2010), this definition

shall be enforceable only to the extent that it is enforceable by the EPA.

"Temporary clean coal technology demonstration

project" means a clean coal technology demonstration project

that is operated for a period of 5 years or less, and which complies with the Oklahoma Air Pollution Control Rules in OAC

252:100 and other requirements necessary to attain and/or

maintain the NAAQS during and after the project is terminated.

252:100-8-33. Exemptions

(a) Exemptions from the requirements of OAC

252:100-8-34 through 252:100-8-36. 2.

(1) The requirements of OAC 252:100-8-34 through

252:100-8-36.2 do not apply to a particular major stationary source or major modification if the source or

modification is:

(A) a nonprofit health or nonprofit educational

institution; or

(B) major only if fugitive emissions, to the extent

quantifiable, are included in calculating the potential

to emit and such source is not one of the categories

listed in paragraph (C) of the definition of "Major

stationary source"; or

(C) a portable stationary source which has previously received a permit under the requirements contained in OAC 252:100-8-34 through 252:100-8-36.2

and proposes to relocate to a temporary new location

from which its emissions would not impact a Class

I area or an area where an applicable increment is

known to be violated.

(2) The requirements in OAC 252:100-8-34 through

252:100-8-36.2 do not apply to a major stationary source

or major modification with respect to a particular pollutant

if the owner or operator demonstrates that the source or

modification is located in an area designated as nonattainment for that pollutant under section 107 of the Act.

(b) Exemption from air quality impact analyses in OAC

252:100-8-35(a) and (c) and 252:100-8-35. 2.

(1) The requirements of OAC 252:100-8-35(a) and

(c) and 252:100-8-35.2 are not applicable with respect to

Oklahoma Register (Volume 29, Number 17) 618 May 15, 2012
Permanent Final Adoptions

a particular pollutant, if the allowable emissions of that

pollutant from a new source, or the net emissions increase

of that pollutant from a modification, would be temporary

and impact no Class I area and no area where an applicable

increment is known to be violated.

(2) The requirements of OAC 252:100-8-35(a) and (c)

and 252:100-8-35.2 as they relate to any PSD increment

for a Class II area do not apply to a modification of a major

stationary source that was in existence on March 1, 1978,

if the net increase in allowable emissions of each regulated

NSR pollutant from the modification after the application

of BACT, would be less than 50 TPY.

(c) Exemption from air quality analysis requirements in

OAC 252:100-8-35(c).

(1) The monitoring requirements of OAC 252:100-8-

35(c) regarding air quality analysis are not applicable

for a particular pollutant if the emission increase of the

pollutant from a proposed major stationary source or the

net emissions increase of the pollutant from a major modification would cause, in any area, air quality impacts less

than the following significant monitoring concentrations

(SMC):

(A) Carbon monoxide - 575 Fg/m3 μg/m3, 8-hour

average,

(B) Nitrogen dioxide - 14 Fg/m3 μg/m3, annual average,

(C) PM2.5 - 4 μg/m3, 24-hour average,

(D) PM10 - 10 Fg/m3 μg/m3, 24-hour average,

(E) Sulfur dioxide -13 Fg/m3 μg/m3, 24-hour average,

(F) Ozone - no de minimis air quality level is provided for ozone, however any net increase of 100 TPY

or more of VOC or NOX subject to PSD would require

an ambient impact analysis, including the gathering

of ambient air quality data,

(G) Lead - 0.1 Fg/m3 μg/m3, 24-hour 3-month average,

(H) Fluorides - 0.25 Fg/m3 μg/m3, 24-hour average,

(I) Total reduced sulfur - 10 Fg/m3 μg/m3, 1-hour

average,

(J) Hydrogen sulfide - 0.2 Fg/m3 μg/m3, 1-hour

average, or

(K) Reduced sulfur compounds - 10 Fg/m3 μg/m3,

1-hour average.

(2) The monitoring requirements of OAC 252:100-8-

35(c) are not applicable for a particular pollutant if the pollutant is not listed in preceding OAC 252:100-8-33(c)(1).

(d) Exemption from monitoring requirements in OAC

252:100-8-35(c)(1)(B) and (D).

(1) The requirements for air quality monitoring in

OAC 252:100-8-35(c)(1)(B) and (D) shall not apply to

a particular source or modification that was subject to

40 CFR 52.21 as in effect on June 19, 1978, if a permit

application was submitted on or before June 8, 1981, and

the Director subsequently determined that the application was complete except for the requirements in OAC

252:100-8-35(c)(1)(B) and (D). Instead, the requirements

in 40 CFR 52.21(m)(2) as in effect on June 19, 1978, shall

apply to any such source or modification.

(2) The requirements for air quality monitoring in

OAC 252:100-8-35(c)(1)(B) and (D) shall not apply to a

particular source or modification that was not subject to

40 CFR 52.21 as in effect on June 19, 1978, if a permit

application was submitted on or before June 8, 1981, and

the Director subsequently determined that the application

as submitted was complete, except for the requirements in

OAC 252:100-8-35(c)(1)(B) and (D).

(e) Exemption from the preapplication analysis required

by OAC 252:100-8-35(c)(1)(A), (B), and (D).

(1) The Director shall determine if the requirements for air quality monitoring of PM10 in OAC

252:100-8-35(c)(1)(A), (B), and (D) may be waived

for a particular source or modification when an application for a PSD permit was submitted on or before June l,

1988, and the Director subsequently determined that the

application, except for the requirements for monitoring

particulate matter under OAC 252:100-8-35(c)(1)(A), (B),

and (D), was complete before that date.

(2) The requirements for air quality monitoring of PM10 in OAC 252:100-8-35(c)(1)(B)(i),

252:100-8-35(c)(1)(D), and 252:100-8-35(c)(3) shall apply to a particular source or modification if an application

for a permit was submitted after June l, 1988, and no later

than December 1, 1988. The data shall have been gathered

over at least the period from February l, 1988, to the date

the application became otherwise complete in accordance

with the provisions of OAC 252:100-8-35(c)(1)(C), except that if the Director determines that a complete and

adequate analysis can be accomplished with monitoring

data over a shorter period (not to be less than 4 months),

the data required by OAC 252:100-8-35(c)(1)(B)(ii) shall

have been gathered over that shorter period.

(f) Exemption from BACT requirements and air quality

analyses requirements. If a complete permit application for

a source or modification was submitted before August 7, 1980

the requirements for BACT in OAC 252:100-8-34 and the requirements for air quality analyses in OAC 252:100-8-35(c)(1)

are not applicable to a particular stationary source or modification that was subject to 40 CFR 52.21 as in effect on June 19,

1978. Instead, the federal requirements at 40 CFR 52.21 (j)

and (n) as in effect on June 19, 1978, are applicable to any such

source or modification.

(g) Exemption from OAC 252:100-8-35(a)(1)(B). The

permitting requirements of OAC 252:100-8-35(a)(1)(B) do not

apply to a stationary source or modification with respect to any

PSD increment for nitrogen oxides if the owner or operator of

the source or modification submitted a complete application

for a permit before February 8, 1988.

PART 9. MAJOR SOURCES AFFECTING

NONATTAINMENT AREAS

May 15, 2012 619 Oklahoma Register (Volume 29, Number 17)
Permanent Final Adoptions

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

(a) The requirements in 40 CFR 51.165(a)(3) regarding

emissions reductions and offsets are hereby incorporated by

reference as they exist on July 2, 2007.

(b) The requirements in subsection 40 CFR 51.165(a) (9)

dealing with offset ratios are hereby incorporated by reference

as they exist on July 1, 2010.

(c) The requirements in 40 CFR 51.165(a)(11) regarding

emission offsets are hereby incorporated by reference as they

exist on July 1, 2011 2010.

[OAR Docket #12-445; filed 4-25-12]

TITLE 252. DEPARTMENT OF

ENVIRONMENTAL QUALITY

CHAPTER 205. HAZARDOUS WASTE

MANAGEMENT

[OAR Docket #12-446]

RULEMAKING ACTION:

PERMANENT final adoption.

RULES:

Subchapter 3. Incorporation by Reference

252:205-3-1 [AMENDED]

AUTHORITY:

Environmental Quality Board; 27A §§ 2-2-101, 2-2-201, 2-2-104, 2-7-105

and 2-7-106

DATES:

Comment period:

September 13 through October 13, 2011

Public hearing:

October 13, 2011, Hazardous Waste Management Advisory Council

Adoption:

November 15, 2011

Submitted to Governor:

November 21, 2011

Submitted to House:

November 21, 2011

Submitted to Senate:

November 21, 2011

Gubernatorial Approval:

December 21, 2011

Legislative approval:

March 29, 2012

Final adoption:

March 29, 2012

Effective:

July 1, 2012

SUPERSEDED EMERGENCY ACTIONS:

N/A

INCORPORATION BY REFERENCE:

Incorporated standards as published on July 1, 2011:

Title 40 of the Code of Federal Regulations, Part 261, Subpart D, §261.33;

Part 262, Subpart K, §262.200, §262.206, §262.212, §262.214; and Part 268,

Subpart D, §268.40, §268.42, §268.42

Incorporating rules:

252:205-3-1

Availability:

From the contact person listed below

ANALYSIS:

The proposed amendment is to incorporate by reference the federal

hazardous waste regulations found in 40 CFR Parts 124 and 260-279 revised

as of July 1, 2011. New rules include technical corrections and the removal of

Saccharin and its salts from the Lists of Hazardous Wastes.

CONTACT PERSON:

Mike Edwards (405) 702-5226, 707 North Robinson, Oklahoma City,

Oklahoma 73102. Mailing address is P.O. Box 1677, Oklahoma City, OK

73101-1677. E-mail address is mike.edwards@deq.ok.gov

PURSUANT TO THE ACTIONS DESCRIBED HEREIN,

THE FOLLOWING RULES ARE CONSIDERED

FINALLY ADOPTED AS SET FORTH IN 75 O.S.,

SECTION 308.1(A), WITH AN EFFECTIVE DATE

OF JULY 1, 2012:

SUBCHAPTER 3. INCORPORATION BY

REFERENCE

252:205-3-1. Reference to 40 CFR

(a) Incorporation date. Except as provided in subsection (b),

when reference is made to Title 40 of the Code of Federal Regulations (40 CFR), it shall mean (unless otherwise specified)

the Hazardous Waste Regulations, Monday, May 19, 1980, as

amended through July 1, 20102011.

(b) Excluded provisions. None of the revisions to 40 CFR

published at 73 FR 64668 - 64788 (October 30, 2008), "Revisions to the Definition of Solid Waste: Final Rule" are

incorporated herein.

[OAR Docket #12-446; filed 4-25-12]

TITLE 252. DEPARTMENT OF

ENVIRONMENTAL QUALITY

CHAPTER 410. RADIATION

MANAGEMENT

[OAR Docket #12-448]

RULEMAKING ACTION:

PERMANENT final adoption.

RULES:

Subchapter 1. General Provisions

252:410-1-7. [AMENDED]

Subchapter 10. Radioactive Materials Program

Part 1. General Provisions

252:410-10-1. [AMENDED]

Part 35. Medical Use of Byproduct Material

252:410-10-35. [AMENDED]

Part 40. Domestic Licensing of Source Material

252:410-10-40. [AMENDED]

Part 71. Packaging and Transporting Radioactive Material

252:410-10-71. [AMENDED]

Subchapter 20. Standards For Protection Against Radiation

252:410-20-1. [AMENDED]

AUTHORITY:

Environmental Quality Board and Radiation Management Advisory

Council powers and duties, 27A O.S. §§ 2-2-101, 2-2-104, 2-2-201, and

2-9-104

DATES:

Comment period:

September 1, 2011, through November 8, 2011, October 6, 2011, and

November 15, 2011.

Public hearing:

October 6, 2011, Radiation Management Advisory Council and November

15, 2011 Environmental Quality Board.

Adoption:

November 15, 2011

Oklahoma Register (Volume 29, Number 17) 620 May 15, 2012
1 

TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY

CHAPTER 100. AIR POLLUTION CONTROL 

SUBCHAPTER 17. INCINERATORS

PART 1. GENERAL PROVISIONS

252:100-17-1. Purpose 

The purpose of this Subchapter subchapter is to specify design and operating 

requirements, and emission limitations for incinerators and municipal waste combustors (MWC). 

252:100-17-1.1. Reference to 40 CFR 

The purpose of this Subchapter is to control emissions from incinerators.

See OAC 252:100-2.

252:100-17-1.2. Terminology related to 40 CFR [REVOKED]

When these terms are used in rules incorporated by reference, the following definitions 

shall apply:

"EPA Administrator" or "Administrator" is synonymous with "Executive Director" 

or "the Executive Director's designee".

"State" is synonymous with "Department of Environmental Quality" or "DEQ".

252:100-17-1.3. Incinerators and fuel-burning equipment or units 

Any incinerator or MWC subject to the requirements of any part of this subchapter that is 

used to generate useful heat energy is also considered fuel-burning equipment or a fuel-burning 

unit and is subject to all applicable requirements of this chapter.

PART 3. GENERAL PURPOSE INCINERATORS

252:100-17-2. Applicability

This Part part applies to any new and existing incineratorsincinerator not subject to New 

Source Performance Standards (NSPS) 40 CFR Part 60, Subparts E, Ea, Eb, Ec, or EEEE, or any 

other Parts in 4, 5, 7, 9, or 11 of this Subchapter subchapter. 

252:100-17-2.1. Exemptions

Thermal oxidizers, flares and any other air pollution control devices are exempt from the 

requirements of this Part part. 

252:100-17-2.2. Definitions

The following words and terms when used in this Subchapter part and Part 4 of this 

subchapter shall have the following meaning unless the context clearly indicates otherwise: 

"Capacity" means amount the maximum design charging rate of specified wastes a unit

refuse in pounds per hour (lb/hr) an incinerator is designed to burn receive. Capacity may be 

expressed as pounds per hour or tons per day.

"Excess air" means air entering a combustion chamber in excess of the amount 

theoretically required to complete combustion of materials in the combustion chamber.
2 

"Fly ash" means particulate matter capable of being gasborne or airborne consisting 

essentially of fused ash and/or burned or unburned material.

"Particulate matter" or "total particulate matter" means the sum of all filterable and 

condensable particulate matter emitted to the ambient air as measured by applicable reference 

methods, or an equivalent or alternative method.

"Primary combustion chamber" means the initial incinerator chamber where 

wasterefuse is charged, ignited, and burned. 

"Secondary burner" means a supplemental burner in the secondary chamber for the 

purpose of maintaining a minimum temperature and to insure the complete combustion of 

volatile gases and smoke.

"Secondary combustion chamber" means one or more a component of the general 

purpose incinerator that receives combustion gases from the chambers in addition to the primary 

combustion chamber that function to fully combust gaseous and particulate matter suspended in 

the exhaust gases from the primary and in which the combustion chamber process is completed. 

252:100-17-4. Particulate matter

Fly ash or other particulateThe emissions of particulate matter from an incinerator subject 

to the requirements of this part shall not exceed quantities greater than the applicable allowable 

particulate matter emission rate contained in Appendix A of this chapter. The allowable 

emissions for incinerators with capacities of 100 lb/hr or greater are set forth in Appendix A of 

this Chapter. The allowable emissions for incinerators with capacities less than 100 lb/hr are set 

forth in Appendix B of this Chapter. Solid fuels charged will be considered part of the refuse 

weight. No. 1 and No. 2 fuel oils (distillate oils), liquified petroleum gases, gaseous fuels and 

combustion air will not be considered as part of the refuse weight.

252:100-17-5. Incinerator design and operation requirements

An incinerator subject to this Part must have: part shall be designed and built with a 

primary combustion chamber equipped with a burner(s) that maintains a temperature of at least 

800oF in the primary combustion chamber at all times when refuse is being incinerated, and a 

secondary combustion chamber(s) that is equipped with a burner or other combustion device 

adequately designed and operated to fully combust gaseous and particulate matter suspended in 

the exhaust gas stream from the primary combustion chamber. The combustion device in each 

combustion chamber shall be in operation at all times when refuse is being incinerated.

(1) A primary burner that maintains a temperature of at least 800F in the primary 

combustion chamber.

(2) A secondary burner that shall be used when necessary to eliminate smoke.

252:100-17-5.1. Alternative incinerator design requirements

Notwithstanding OAC 252:100-17-5, Thethe Director may approve an alternative 

incinerator design that does not meet the design requirements in 252:100-17-5 if the owner or 

operator of the proposed incinerator demonstrates to the DEQ satisfaction of the Director that the 

incinerator can will comply with OAC 252:100-17-4 and all other applicable requirements of 

this chapter.

252:100-17-7. Test methods 
3 

(a) Opacity. Opacity shall be measured utilizing Method 9 - Visual Determination of the 

Opacity of Emissions from Stationary Sources found in the Code of Federal Regulations at 40 

CFR Part 60, Appendix A. This method is hereby incorporated by reference as it exists on July 

1, 1997.

(b) Particulate matter. Particulate matter shall be measured utilizing the appropriate 

DEQ-approved Method 5 found in the Code of Federal Regulations at 40 CFR Part 60, Appendix 

A. This method is hereby incorporated by reference as it exists on July 1, 1997.See OAC 

252:100-43.


10Jan_SC17_P1P3_RUL.wpd 1 December 15, 2009

TITLE 252. OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY

CHAPTER 100. AIR POLLUTION CONTROL

SUBCHAPTER 17. INCINERATORS

PART 1. GENERAL PROVISIONS

252:100-17-1. Purpose

The purpose of this Subchapter subchapter is to specify design and operating requirements,

and emission limitations for incinerators and municipal waste combustors (MWC).

252:100-17-1.1. Reference to 40 CFR 

The purpose of this Subchapter is to control emissions from incinerators.

See OAC 252:100-2.

252:100-17-1.2. Terminology related to 40 CFR [REVOKED]

When these terms are used in rules incorporated by reference, the following definitions shall

apply:

"EPA Administrator" or "Administrator" is synonymous with "Executive Director" or

"the Executive Director's designee".

"State" is synonymous with "Department of Environmental Quality" or "DEQ".

252:100-17-1.3. Incinerators and fuel-burning equipment or units 

Any incinerator or MWC subject to the requirements of any part of this subchapter that is

used to generate useful heat energy is also considered fuel-burning equipment or a fuel-burning unit

and is subject to all applicable requirements of this chapter.

PART 3. GENERAL PURPOSE INCINERATORS

252:100-17-2. Applicability

This Part part applies to any new and existing incineratorsincinerator not subject to New

Source Performance Standards (NSPS) 40 CFR Part 60, Subparts E, Ea, Eb, Ec, or EEEE, or any

other Parts in 4, 5, 7, 9, or 11 of this Subchapter subchapter.

252:100-17-2.1. Exemptions

Thermal oxidizers, flares and any other air pollution control devices are exempt from the

requirements of this Part part.

252:100-17-2.2. Definitions

The following words and terms when used in this Subchapter part and Part 4 of this

subchapter shall have the following meaning unless the context clearly indicates otherwise:

"Capacity" means amount the maximum design charging rate of specified wastes a unit

refuse in pounds per hour (lb/hr) an incinerator is designed to burn receive. Capacity may be

expressed as pounds per hour or tons per day.

"Excess air" means air entering a combustion chamber in excess of the amount theoretically

required to complete combustion of materials in the combustion chamber.
10Jan_SC17_P1P3_RUL.wpd 2 December 15, 2009

"Fly ash" means particulate matter capable of being gasborne or airborne consisting

essentially of fused ash and/or burned or unburned material.

"Particulate matter" or "total particulate matter" means the sum of all filterable and

condensable particulate matter emitted to the ambient air as measured by applicable reference

methods, or an equivalent or alternative method.

"Primary combustion chamber" means the initial incinerator chamber where wasterefuse

is charged, ignited, and burned.

"Secondary burner" means a supplemental burnerin the secondarychamberfor the purpose

of maintaining a minimum temperature and to insure the complete combustion of volatile gases and

smoke.

"Secondary combustion chamber" means one or more combustion chambers in addition

to the primary combustion chamber that function to fully combust gaseous and particulate matter

suspended in the exhaust gases from the primary combustion chamber. 

252:100-17-4. Particulate matter

Fly ash or other particulateThe emissions of particulate matter from an incinerator subject

to the requirements of this part shall not exceed quantities greater than the applicable allowable

particulate matter emission rate contained in Appendix A of this chapter. The allowable emissions

for incinerators with capacities of 100 lb/hr or greater are set forth in Appendix A of this Chapter.

The allowable emissions for incinerators with capacities less than 100 lb/hr are set forth in Appendix

B of this Chapter. Solid fuels charged will be considered part of the refuse weight. No. 1 and No.

2 fuel oils (distillate oils), liquified petroleum gases, gaseous fuels and combustion air will not be

considered as part of the refuse weight. 

252:100-17-5. Incinerator design and operation requirements

An incinerator subject to this Part must have: part shall be designed and built with a primary

combustion chamber equipped with a burner(s) that maintains a temperature of at least 800oF in the

primary combustion chamber at all times when refuse is being incinerated, and a secondary

combustion chamber(s) that is equipped with a burner or other combustion device adequately

designed and operated to fully combust gaseous and particulate matter suspended in the exhaust gas

stream from the primary combustion chamber. The combustion device in each combustion chamber

shall be in operation at all times when refuse is being incinerated.

(1) A primary burner that maintains a temperature of at least 800°F in the primary combustion

chamber.

(2) A secondary burner that shall be used when necessary to eliminate smoke.

252:100-17-5.1. Alternative incinerator design requirements

Notwithstanding OAC 252:100-17-5,Thethe Directormayapprove an alternative incinerator

design that does not meet the design requirements in 252:100-17-5 if the owner or operator of the

proposed incinerator demonstrates to the DEQ satisfaction of the Director that the incinerator can

will comply with OAC 252:100-17-4 and all other applicable requirements of this chapter.

252:100-17-7. Test methods

(a) Opacity. Opacity shall be measured utilizing Method 9 - Visual Determination of the

Opacity of Emissions from Stationary Sources found in the Code of Federal Regulations at 40 CFR

Part 60, Appendix A. This method is hereby incorporated by reference as it exists on July 1, 1997.
10Jan_SC17_P1P3_RUL.wpd 3 December 15, 2009

(b) Particulate matter. Particulate matter shall be measured utilizing the appropriate DEQapproved Method 5 found in the Code of Federal Regulations at 40 CFR Part 60, Appendix A. This

method is hereby incorporated by reference as it exists on July 1, 1997.See OAC 252:100-43.
MINUTES 

AIR QUALITY COUNCIL 

January 20, 2010 

Multipurpose Room 

707 North Robinson 

Oklahoma City OK 

To EQBoard 2-26-10

APPROVED AQC 

April 21, 2010 

Notice of Public Meeting The Air Quality Council convened for its regular meeting at 9:00 a.m. 

on January 20, 2010, at 707 North Robinson, Oklahoma City, Oklahoma. Notice of the meeting 

was forwarded to the Office of the Secretary of State giving the date, time, and place of the 

meeting on December 3, 2010. Agendas were posted at the meeting facility and at the DEQ 

Central Office in Oklahoma City at least twenty-four hours prior to the meeting. Ms. Beverly 

Botchlet-Smith convened the hearings by the Air Quality Council in compliance with the 

Oklahoma Administrative Procedures Act and Title 40 CFR Part 51, and Title 27A, Oklahoma 

Statutes, Sections 2-5-201 and 2-5-101-2-5-118. Ms. Smith entered the Agenda and the 

Oklahoma Register Notice into the record and announced that forms were available at the sign-in 

table for anyone wishing to comment on any of the rules. Ms. Laura Lodes, Chair, called the 

meeting to order. Ms. Bruce called roll stating that a quorum was present. 

MEMBERS PRESENT

David Branecky

Montelle Clark

Gary Collins

Laura Lodes

Bob Lynch

Jim Haught

Sharon Myers

Pete White

MEMBERS ABSENT

Vacancy

DEQ STAFF PRESENT

Eddie Terrill

Beverly Botchlet-Smith

Scott Thomas

Cheryl Bradley

Rob Singletary

OTHERS PRESENT

David Griesel, EQBoard

Christy Myers, Court Reporter

DEQ STAFF PRESENT

Diana Hinson

Brooks Kirlin

Nancy Marshment

Kendal Stegmann

Dawson Lasseter

Myrna Bruce

Transcripts and Attendance Sheet are attached as an official part of these Minutes

 

Election of Officers – Ms. Laura Lodes opened the floor for nominations for Chair and ViceChair for Calendar Year 2010. Mr. Branecky moved that Ms. Lodes remain as Chair and 

nominated Mr. Jim Haught be Vice-Chair. Ms. Myers made the second. 

Transcript pages 4 - 5

David Branecky

Sharon Myers

Gary Collins

Jim Haught

Yes

Yes

Yes

Abstain

Bob Lynch

Montelle Clark

Pete White

Laura Lodes

Yes

Yes

Yes

Yes

Approval of Minutes - April 15, 2009 Regular Meeting and October 21, 2009 Regular 

Meeting Ms. Lodes called for a motion to approve both sets of Minutes. Mr. Branecky moved 

to approve and Ms. Myers made the second. 

Transcript pages 5 - 7

David Branecky

Sharon Myers

Gary Collins

Jim Haught

Yes

Yes

Yes

Yes

Bob Lynch

Montelle Clark

Pete White

Laura Lodes

Yes

Yes

Yes

Yes
OAC 252:100-17. Incinerators, Part 1 and Part 3 [AMENDED] 

Appendix A. Allowable Emissions for Incinerators with Capacities in Excess of 100 

lbs/hr [REVOKED] 

Appendix A. Allowable Particulate Matter Emission Rate for Incinerators [NEW] 

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

lb/hr [REVOKED] 

Ms. Diana Hinson, staff representative, advised that the proposal would amend Parts 1 and 3 of 

OAC 252:100-17, Incinerators, to remove obsolete language and clarify the remaining 

provisions. In addition, the Department is proposing to revoke Appendix A, Allowable 

Emissions for Incinerators with Capacities in Excess of 100 lb/hr; and Appendix B, Allowable 

Emissions for Incinerators with Capacities Less than 100 lb/hr. The current provisions of both 

appendices are proposed to be combined into a new Appendix A, Allowable Particulate Matter 

Emission Rate for Incinerators. Ms. Hinson explained that staff proposed alternative language 

for Part 3 for Council’s consideration. Ms. Lodes called for a motion. Mr. Branecky moved to 

adopt the alternative proposal as presented with the revocation of Appendix A and B and a new 

Appendix A. Mr. Haught made the second. 

Transcript pages 8 - 13

David Branecky

Sharon Myers

Gary Collins

Jim Haught

Yes

Yes

Yes

Yes

Bob Lynch

Montelle Clark

Pete White

Laura Lodes

Yes

Yes

Yes

Yes

OAC 252:100-17. Incinerators, Part 4 [NEW] Ms. Diana Hinson, staff representative, 

advised that the proposal would add a new Part 4, Biomedical Waste Incinerators, to Subchapter 

17, Incinerators. The new part will incorporate the Best Available Control Technology for this 

type of incinerator originally established under the authority of Subchapter 41, Control of 

Emission of Hazardous and Toxic Air Contaminants, which was revoked in 2007. The addition 

of Part 4 would reestablish the Department's authority to require design and emission standards 

for biomedical waste incinerators and close a regulatory gap in Part 7 of Subchapter 17. Ms. 

Hinson explained that further consideration is being given in order to make additional 

clarifications regarding the performance standard; therefore, the Department suggested that 

Council continue the proposal until the next meeting. Following discussion, Ms. Lodes called 

for a motion to continue the hearing. Ms. Myers made the motion and Mr. Collins made the 

second. 

Transcript pages 18 - 28

David Branecky

Sharon Myers

Gary Collins

Jim Haught

Yes

Yes

Yes

Yes

Bob Lynch

Montelle Clark

Pete White

Laura Lodes

Yes

Yes

Yes

Yes

OAC 252:100, Appendix Q. Incorporation By Reference [REVOKED] 

OAC 252:100, Appendix Q. Incorporation By Reference [NEW] 

Ms. Nancy Marshment, staff representative, advised that the proposal would update Appendix Q, 

Incorporation By Reference, to incorporate by reference the latest changes to U.S. 

Environmental Protection Agency regulations. Ms. Marshment identified the changes in the 

proposal. Hearing no comments, Ms. Lodes called for a motion. Mr. Collins made motion to 

adopt the proposal to update the rules for the Incorporation by Reference. Mr. Branecky made 

the second. 
Transcript pages 32 - 38

David Branecky

Sharon Myers

Gary Collins

Jim Haught

Yes

Yes

Yes

Yes

Bob Lynch

Montelle Clark

Pete White

Laura Lodes

Yes

Yes

Yes

Yes

Presentation on EPA’s proposed sulfur dioxide ambient standards, and OAC 252:100-31. 

Control of Emission of Sulfur Compounds - Brooks Kirlin, Professional Engineer, DEQ Air 

Quality Division provided a PowerPoint presentation. A copy of the presentation is attached. 

Division Director's Report – Mr. Terrill related several items: 

Reminded everyone to periodically look at the “What’s New” section on the DEQ Air 

Quality web page 

Ozone update 

Reconsidering lead standard 

Comments on greenhouse gas tailoring rule 

Submission of Emissions Inventory electronically 

Director’s Report will be recorded but no longer be a part of the official transcript 

Gave an update on regional haze

Advised that SIP would be out by end of the month 

Beverly Botchlet-Smith provided an update on the Title IV audit requested by the 

Council 

Council Budget Committee volunteers were Laura Lodes, Jim Haught, David Branecky, 

and Gary Collins if a fourth is necessary 

Dr. Lynch discussed the grant he has for mercury sampling 

New Business - Any matter not known about or which could not have been reasonably foreseen 

prior to the time of posting the agenda. 

Adjournment – Ms. Lodes adjourned the meeting adjourned at 10:25 p.m. The next regular 

meeting is scheduled for Wednesday, April 21, 2010, in Tulsa, Oklahoma. 

Transcripts and Attendance Sheet are attached as an official part of these Minutes. 
* * * * *

TRANSCRIPT OF PROCEEDINGS

OF THE

AIR QUALITY COUNCIL MEETING

HELD ON JANUARY 20, 2010, AT 9:00 A.M.

IN OKLAHOMA CITY, OKLAHOMA

* * * * *

MYERS REPORTING SERVICE

Christy Myers, CSR

P.O. Box 721532

Oklahoma City, Oklahoma 73172-1532

(405) 721-2882
MEMBERS OF THE COUNCIL

DAVID BRANECKY, MEMBER

LAURA LODES, CHAIR

JIM HAUGHT, VICE-CHAIR

PETE WHITE, MEMBER

SHARON MYERS, MEMBER

MONTELLE CLARK, MEMBER

GARY COLLINS, MEMBER

ROBERT LYNCH, MEMBER

DEQ STAFF

MYRNA BRUCE

BEVERLY BOTCHLET-SMITH

EDDIE TERRILL

CHERYL BRADLEY

NANCY MARSHMENT

DIANA HINSON

ROBERT SINGLETARY
PROCEEDING

MS. LODES: Let's go ahead and start the meeting. Myrna, will you call the 

roll.

MS. BRUCE: Good morning. Happy New Year.

David Branecky.

MR. BRANECKY: Here.

MS. BRUCE: Sharon Myers.

MS. MYERS: Yes.

MS. BRUCE: Gary Collins.

MR. COLLINS: Here.

MS. BRUCE: Jim Haught.

MS. HAUGHT: Here.

MS. BRUCE: Bob Lynch.

DR. LYNCH: Here.

MS. BRUCE: Montelle Clark.

MR. CLARK: Present.

MS. BRUCE: Pete White.

MR. WHITE: Here.

MS. BRUCE: Laura Lodes.

MS. LODES: Here.

MS. BRUCE: We have a full quorum. Well, we do have a vacancy, sorry.

A vacancy, but everyone else.

MR. LODES: The first item on today's Agenda would be the Election of 

Officers. I'm going to open it up for nominations.

MR. BRANECKY: I would like to move that Laura Lodes remain as Chair and I 

would like to nominate Jim Haught to be Vice-Chair.

MS. MYERS: I'll second that motion.

MS. LODES: We have a motion and a second. Myrna, will you call the roll.

MS. BRUCE: David Branecky.

MR. BRANECKY: Yes.

MS. BRUCE: Sharon Myers.

MS. MYERS: Yes.

MS. BRUCE: Gary Collins.

MR. COLLINS: Yes.

MS. BRUCE: Jim Haught.

MR. HAUGHT: I'll abstain.

MS. BRUCE: Bob Lynch.

DR. LYNCH: Yes.

MS. BRUCE: Montelle Clark.

MR. CLARK: Yes.

MS. BRUCE: Pete White.

MR. WHITE: Yes.

MS. BRUCE: Laura Lodes.

MS. LODES: I'm not above voting for myself, so yes.

MS. BRUCE: That motion did pass.

MS. MYERS: Congratulations.

MR. LODES: Thank you.

MR. TERRILL: By the way, before we move on I will mention that we do have 

another Council Member that has been appointed by the Governor to fill out 

Jerry Purkable's term. And Dave Gamble with ConocoPhillips will be at the 

next meeting. We got the notice last week -- last Wednesday, I think. That 

was too late for him to make arrangements to be here, so we do have a full 

Council and we should have a full crew when we go to Tulsa in April.

MS. LODES: The next item on today's Agenda is the Approval of the Minutes.
Oh, we have two sets of Minutes. We have the April Minutes and the October 

Minutes.

Do we have a motion? Comments?

MR. BRANECKY: Are we approving both at the same time? Does it make any 

difference?

MS. LODES: Doesn't make any difference.

MR. BRANECKY: All right. I'll move that we approve both the April 15,

2009 and the October 21, 2009 Minutes.

MS. MYERS: I'll second it.

MS. BRUCE: David Branecky.

MR. BRANECKY: Yes.

MS. BRUCE: Sharon Myers.

MS. MYERS: Yes.

MS. BRUCE: Gary Collins.

MR. COLLINS: Yes.

MS. BRUCE: Jim Haught.

MR. HAUGHT: Yes.

MS. BRUCE: Bob Lynch.

DR. LYNCH: Yes.

MS. BRUCE: Montelle Clark.

MR. CLARK: Yes.

MS. BRUCE: Pete White.

MR. WHITE: Yes.

MS. BRUCE: Laura Lodes.

MS. LODES: Yes.

MS. BRUCE: Motion passed.

MS. BOTCHLET-SMITH: Okay. We'll begin the hearing now. Good morning. I'm 

Beverly Botchlet-Smith. I'm the Assistant Director of the Air Quality 

Division and as such I'll serve as the Protocol Officer for today's hearings.

The hearings will be convened by the Air Quality Council in compliance with 

the Oklahoma Administrative Procedures Act in Title 40 of the Code of Federal 

Regulations, Part 51, as well as the authority of Title 27A of the Oklahoma 

Statutes, Section 2-2-201, Sections 2-5-101 through 2-5-118.

Notice of the January 20, 2010 hearings were advertised in the Oklahoma 

Register for the purpose of receiving comments pertaining to the proposed OAC 

Title 252 Chapter 100 rules as listed on the Agenda and will be entered into 

each record along with the Oklahoma Register filing. Notice of meeting was 

filed with the Secretary of State on December 3, 2009. The Agenda was duly 

posted 24 hours prior to the meeting at this facility here at the DEQ.

If you wish to make a statement, it is very important that you complete one 

of the forms that is found at the registration desk and you will be called 

upon at the appropriate time and at that time, we'd ask for you to come to 

the podium to make your statement. Audience members please remember to state 

your name before your comments.

At this time, we will proceed with what’s marked as Agenda Item Number 5A on 

the Hearing Agenda. And this is OAC 252:100-17 Incinerators, Part

1 and Part 3. And Ms. Diana Hinson will give our staff presentation.

MS. HINSON: Good morning, Ms. Chairman, Members of the Council, ladies and 

gentlemen. I am Diane Hinson, an Environmental Program Specialist in the 

Rules and Planning Section of Air Quality in the Department of Environmental 

Quality.

The Department is proposing to amend Parts 1 and 3 of OAC 252:100-17, 

Incinerators, to remove obsolete language and clarify the remaining 

provisions.

In addition, the Department is proposing to revoke Appendix A, Allowable 

Emissions for Incinerators with Capacities in Excess of 100 pound per hour; 
and Appendix B, Allowable Emissions for Incinerators with Capacities less 

than 100 pounds per hour.

The current provisions of both appendices are proposed to be combined into a 

new Appendix A, Allowable Particulate Matter Emissions Rate for Incinerators.

Notice of the proposed rule changes was published in the Oklahoma Register on 

December 15, 2009 and comments were requested from members of the public. 

Comments were received by email on October 20, 2009 from EPA.

On January the 15th, 2010, EPA submitted a letter stating they had no 

additional comments. Due to concerns, staff has prepared an alternative of 

Part 3 for consideration by the Council. This clarification reflects the 

language in the Code of Federal Regulations and effects the definition of the 

secondary combustion chamber in the section in which this term appears.

In your packet you will have a copy of the alternative.

And it reads: 252:100-17-2.2, Definitions. Secondary Combustion Chamber means 

a component of the general purpose incinerator that receives combustion gases 

from the primary combustion chamber and in which the combustion process is 

completed.

In addition to this change some superfluous language was removed in 252:100-

17-5, Incinerator Design and Operation Requirements, which reflects the 

alternative definition.

This is the third time that the Council has been notified of this proposed 

revision. No substantive changes have been made. The Department suggests that 

the Council consider voting to send the proposal with the alternative 

language to the Environmental Quality Board with the recommendation that it 

be adopted as a permanent rule.

MS. BOTCHLET-SMITH: We will now take questions from the Council for Ms. 

Hinson. Do we have any questions or comments? Are you all still looking? 

Okay. We'll take a second.

While we are giving the Council just a minute to review this, I've just been 

notified that we didn't get these Notice of Comments out on the table. So for 

today, if anyone wishes to speak I'm just going to call on you from the 

audience, so if you'll just raise your hand. And then if you do, just for our 

record if we can get you to fill one of these out, it just makes it a little 

bit easier for the Court Reporter if we have it in writing too.

Okay. Any questions from the Council? Hearing none, at this time is there 

anyone in the audience that has a question for Ms. Hinson or a comment on 

this rule?

And hearing none, there as well, Laura, do you want to call for a motion?

MS. LODES: Do we have a motion?

MR. BRANECKY: I do have one question at this point. Can I?

MS. LODES: Yes.

MR. BRANECKY: I just want to sure I understand, in the alternative that that 

word "Alternative" can be removed from the text?

MS. HINSON: That is correct. I just wanted to make it clear to you that was 

an alternative proposed.

MR. BRANECKY: All right.

MS. LODES: Any other questions?

Do we have a motion?

MR. BRANECKY: I move that we adopt the alternative proposal as presented to 

us for the revisions to Subchapter 17 Part 1, presented to us this morning. 

In addition, the Appendices, Appendix A and B?

MS. HINSON: That is correct.

MR. BRANECKY: The revocation of A and B, with the new A by itself 

(inaudible).

MS. LODES: Do we have a second?

MR. HAUGHT: I'll second that.

MS. LODES: Myrna, will you call the roll, please.
MS. BRUCE: David Branecky.

MR. BRANECKY: Yes.

MS. BRUCE: Sharon Myers.

MS. MYERS: Yes.

MS. BRUCE: Gary Collins.

MR. COLLINS: Yes.

MS. BRUCE: Jim Haught.

MR. HAUGHT: Yes.

MS. BRUCE: Bob Lynch.

DR. LYNCH: Yes.

MS. BRUCE: Montelle Clark.

MR. CLARK: Yes.

MS. BRUCE: Pete White.

MR. WHITE: Yes.

MS. BRUCE: Laura Lodes.

MS. LODES: Yes.

MS. BRUCE: Motion passed.

(End of Item 5A)
DEPARTMENT OF ENVIRONMENTAL QUALITY

STATE OF OKLAHOMA

* * * * *

TRANSCRIPT OF PROCEEDINGS

OF THE AIR QUALITY COUNCIL

OKLAHOMA CITY, OKLAHOMA

* * * * *

COUNCIL MEMBERS

DAVID BRANECKY, MEMBER

LAURA LODES, CHAIR

JIM HAUGHT, VICE-CHAIR

PETE WHITE, MEMBER

SHARON MYERS, MEMBER

MONTELLE CLARK, MEMBER

GARY COLLINS, MEMBER

ROBERT LYNCH, MEMBER

DEQ STAFF

MYRNA BRUCE

BEVERLY BOTCHLET-SMITH

EDDIE TERRILL

CHERYL BRADLEY

NANCY MARSHMENT

DIANA HINSON

PROCEEDING

MS. BOTCHLET-SMITH: The next item on the Agenda is Number 5B. This is OAC 

252:100-17 Incinerators Part 4. And Ms. Diane Hinson will also give the staff 

presentation for this rule.

MS. HINSON: Once again, good morning. The Department is proposing to add a 

new Part 4, Biomedical Waste Incinerators, to Subchapter 17, Incinerators.

The new part will incorporate the Best Available Control Technology for this 

type of incinerator originally established under the authority of Subchapter 

41, Control of Emission of Hazardous and Toxic Air Contaminants, which was 

revoked in 2007.

In addition, the Department has identified regulatory gaps in Subchapter 17, 

Part 7, Hospital, Medical and Infectious Waste Incinerators, when 
pathological waste, low-level radioactive waste, and chemotherapeutic waste 

is incinerated. The addition of Part 4 will reestablish the Department's 

authority to require design and emission standards for biomedical waste 

incinerators and close the regulatory gap in Part 7 of Subchapter 17.

Notice that the proposed rule change was published in the Oklahoma Register 

on December 15, 2009 and comments were requested from members of the public.

Comments were received by email on October 20, 2009 from EPA. EPA submitted a 

letter stating they had no additional comments on January 15, 2010.

This is the third time the Council has been notified of the proposed 

revision. Further consideration is being given in order to make additional 

clarifications regarding the performance standard. Therefore, the Department 

suggests continuing the proposal until the next meeting. 

Thank you.

MS. BOTCHLET-SMITH: Do we have any questions or comments from the Council for 

Ms. Hinson?

MR. BRANECKY: What do we need to further clarify?

MS. HINSON: The performance standard right now and what we're trying to do is 

streamline the definition to reflect what it says in the Federal Regulations. 

And we're wanting to further consider how we are going to state that.

MR. BRANECKY: Do we have any biomedical waste incinerators currently in the 

state?

MS. HINSON: We do have one. Its name is Steracycle.

MR. BRANECKY: Is that the one in Stroud?

MS. HINSON: Yes, it is.

MS. MYERS: I've got a questions on the section referring to particulate 

matter. The .08 grains per dry standard cubic foot corrected to 12 percent is 

carbon dioxide?

MS. HINSON: Yes.

MS. MYERS: Is that normal for this type of operation?

MS. HINSON: Yes, it is. And that's what's reflected in the Federal 

Regulations.

MS. MYERS: Okay.

MS. LODES: It says that this applies to a new or existing biomedical that is 

not subject to -- for requirements of Part 7, are exempted from the 

requirements of Subpart EC for anesthesia's???. And so you're trying to make 

this so if they are exempted from anesthesia or are you making it to make 

them go ahead and comply with NSPS?

MS. HINSON: Yes.

MS. LODES: Is that what we're doing here?

MS. HINSON: Yes.

MS. BRADLEY: Actually the standards were developed prior to the enactment of 

the NSPS and were based on -- in part Subchapter 41, which was revoked in 

2000 -- well some years ago.

What we are attempting to do is we realize that the sources that weren’t 

subject to NSPS or weren't subject to our state rule Part 7, were not 

adequately covered under our general incinerator provisions. We had one 

existing source which had been permitted under our former state on the toxics 

rules and we were taking the requirements that were reflected in the permit 

there and using them as a model for the biomedical waste incinerators. 

They're -- so there really was a gap. NSPS would not -- does not apply to 

these sources. And we are not requiring additional controls under the Part 4, 

Ms. Lodes. We are requiring them to meet an initial standard that was 

established to be appropriate under an evaluation for toxic emissions. And 

that particular analysis was conducted jointly to address the concerns of the 

Land Protection Division when they were developing appropriate regulations to 

address biomedical waste disposal as well as the air emission concerns. So 

that's sort of a long way -- we're not finding another way in order to apply 
the NSPS to these sources. We are applying state developed standards that we 

have determined were appropriate for this type of waste, but not requiring 

additional controls.

MS. LODES: Thank you.

MR. HAUGHT: I have another question. Do the larger hospitals in the state 

here tend to use commercial disposal options or do they have incinerators on 

site that would fall under this regulation?

MS. BRADLEY: Diana, would you like for me to answer that?

MS. HINSON: Yes, please. I think you're a little bit more clear on the 

history.

MS. BRADLEY: I had worked on the hospital incinerator rules some time ago and 

as a result of EPA's promulgation of the hospital incinerator rules, every 

hospital in Oklahoma chose to close its incinerator. We then -- for the most 

part the waste is -- does not fall into the categories that we're attempting 

to address in this biomedical incinerator rule. That waste is primarily 

plastic and paper. The primary method for treating that waste in Oklahoma is 

the Autoclave. But there is some waste that is not appropriately disposed of. 

It's sterilized and then disposed of in a landfill. That waste needs to be 

incinerated and most of the hospitals now use some commercial service; either 

Steracycle service or another service located out of state to dispose of 

their waste.

MR. WHITE: I checked with the 18:47 Oklahoma Hospital Associate and asked 

them, and they knew of no Oklahoma City -- Oklahoma hospitals that have an 

incinerator like this. They didn't think that there were any.

MR. HAUGHT: Yeah. I think they did at one point or some of them did at one 

point and that's why -- I just want to be concerned they were advised of this 

and if there were any and so that's good to know that there aren't.

MS. BRADLEY: Initially there were approximately 30 hospitals. And I spoke 

with representatives from each hospital that we were aware of as we were 

implementing the hospital incinerator rule. And because of the cost of doing 

the testing and the training and meeting the training requirements every 

hospital without exception decided to discontinue using their on-premises 

incinerator. Secondarily to that, the Department also sent a representative 

from our Division out to confirm that each of the units had been disabled in 

some way -- permanently disabled so they couldn't be used, so we did not 

embark?? on them notification of the hospitals because we didn't feel that 

this sector was actually going to be impacted.

MR. BRANECKY: I have one more question. The Title Part 4, Biomedical waste 

Incinerators down in 252:100-17-11, emission limits, it talks about emissions 

from medical waste incinerators. Is there a difference in the medical waste 

and the biomedical waste incinerator? Do we need to

-- does that need to be biomedical waste or is there (inaudible)?

MS. HINSON: What section was that, again?

MR. BRANECKY: 252:100-17-11, Emission Limits. It says emissions from any 

medical waste incinerator. Does it make a difference if it's just a medical 

versus biomedical? I'm just -- I don't know. I'm asking.

MS. HINSON: Right. I think that that is something we do need to take into 

consideration and when we re-present that -- MR. BRANECKY: Because the intent 

of this chapter is biomedical waste?

MS. HINSON: That's right.

MR. BRANECKY: So maybe we just need to make that any biomedical waste 

incinerator.

MS. HINSON: Right. So that it's --

MR. BRANECKY: To keep --

MS. LODES: I assume like the hospitals, that the Universities have also shut 

down there incinerators or do they have biomedical incinerators? 

(Inaudible) or they just don't have them anymore?
MS. BRADLEY: Yes. They discontinued and they were part of our initial 

inventory so they were contacted and actually we -- participated in some 

initial meetings and briefings so they were well aware of it.

MS. LODES: I just remember using the one at OU when I was on the Norman 

Campus. At one point in time there was one.

MS. BRADLEY: I believe the industry has made it cost effective and much more 

convenient to allow somebody else to handle the waste of them. The primary 

reason for discontinuing was the requirement to do dioxin testing and it's 

very expensive. And it would take -- it was difficult to justify for the 

hospital managers and the universities to continue operations.

MS. BOTCHLET-SMITH: Do we have any further questions from the Council? 

What about questions from the public? Anyone have a question or a comment? 

Hearing none, if the Council doesn't have further questions, Laura, do you 

want to call for a motion?

MS. LODES: DEQ has recommended that we carry this forward. Do we have a 

motion?

MS. MYERS: I so move.

MS. LODES: Do we have a second?

MR. COLLINS: Second.

MS. LODES: We have a motion and a second. Myrna, will you call the roll.

MS. BRUCE: David Branecky.

MR. BRANECKY: Yes.

MS. BRUCE: Sharon Myers.

MS. MYERS: Yes.

MS. BRUCE: Gary Collins.

MR. COLLINS: Yes.

MS. BRUCE: Jim Haught.

MR. HAUGHT: Yes.

MS. BRUCE: Bob Lynch.

DR. LYNCH: Yes.

MS. BRUCE: Montelle Clark.

MR. CLARK: Yes.

MS. BRUCE: Pete White.

MR. WHITE: Yes.

MS. BRUCE: Laura Lodes.

MS. LODES: Yes.

MS. BRUCE: Motion passed.

(End of Item 5B)
DEPARTMENT OF ENVIRONMENTAL QUALITY

STATE OF OKLAHOMA

* * * * *

TRANSCRIPT OF PROCEEDINGS

OF THE AIR QUALITY COUNCIL

HELD ON JANUARY 20, 2010, AT 9:00 A.M.

ITEM 5C

IN OKLAHOMA CITY, OKLAHOMA

* * * * *

COUNCIL MEMBERS

DAVID BRANECKY, MEMBER

LAURA LODES, CHAIR

JIM HAUGHT, VICE-CHAIR

PETE WHITE, MEMBER

SHARON MYERS, MEMBER

MONTELLE CLARK, MEMBER

GARY COLLINS, MEMBER

ROBERT LYNCH, MEMBER

DEQ STAFF

MYRNA BRUCE

BEVERLY BOTCHLET-SMITH

EDDIE TERRILL

CHERYL BRADLEY

NANCY MARSHMENT

DIANA HINSON

PROCEEDING

MS. BOTCHLET-SMITH: Okay. The next item on the Agenda is 5C. This is OAC 

252:100, Appendix Q, Incorporation by Reference.

And Ms. Nancy Marshment will give the staff presentation.

MS. MARSHMENT: Good morning Madam Chair, Members of the Council, ladies and 

gentlemen. My name is Nancy Marshment and I am an Environmental Programs 

Specialist with the Air Quality Division. The Department is proposing to 

revoke the current Chapter 100, Appendix Q, Incorporation by Reference, and 

adopt a new Appendix Q. This proposal is part of the annual update of Title 

40, Code of Federal Regulations, Incorporations by Reference in Chapter 100.
The update will incorporate those federal regulations listed in Appendix Q as 

they existed on December 10, 2009, and any amendments to standards listed 

will be incorporated.

On the new Appendix Q that was enclosed in your packet, you may have noticed 

that the list of IBRs in the appendix has been rearranged. This was done to 

reflect the order in which the subparts appear in the Code of Federal 

Regulations. We hope that will make it easier for everyone to read and 

follow.

In your folder that is on your table is a copy of Appendix Q highlighting the 

changes and additions and that's the old version. Staff felt that this 

unofficial version with all changes clearly identified would be helpful for 

discussion purposes, since the proposed new appendix does not show the 

changes.

The Oklahoma Administrative Rules on Rulemaking dictate this procedure of 

revoking the old and creating an entirely new appendix.

Staff proposes to remove Appendix S to 40 CFR, Part 51 from the list of 

federal regulations to be incorporated by reference. Appendix S would only 

come into play in our permitting program if we had a nonattainment area and 

if the preconstruction review provisions of our State Implementation Plan do 

not meet EPA requirements. In that event, EPA would either implement Appendix 

S or delegate it to the State. In either case there would be no need to 

incorporate Appendix S into our rule by reference. In other words, it appears 

that Appendix S should not have been incorporated by reference into Chapter 

100 in the first place.

The following 40 CFR rules are being proposed for incorporation by reference 

in Appendix Q.

Number 1, 40 CFR 60, subpart GGGa, Standards of Performance for Equipment 

leaks of VOCs in Petroleum Refineries for which construction, reconstruction 

or modification commenced after November 7, 2006.

And just a little note there, you may notice that in some cases the word 

"which" is capitalized and in other cases it's not. We just totally copied 

what they have in the Federal Regulations. So that is not our choice.

Number 2, 40 CFR 60, subpart 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.

Number 3, 40 CFR 63, Subpart AAAAAAA, National Emission Standards for 

Hazardous Air Pollutants for Area Sources: Asphalt Processing and Asphalt 

Roofing Manufacturing.

Number 4, 40 CFR 63, Subpart CCCCCCC, National Emission Standards for 

Hazardous Air Pollutants, Area Source Standards for Paints and Allied 

Products Manufacturing.

Number 5, 40 CFR 63, Subpart VVVVVV, National Emission Standards for 

Hazardous Air Pollutants for Chemical Manufacturing Area sources.

Number 6, 40 CFR 63, Subpart YYYYYY, National Emission Standards for 

Hazardous Air Pollutants for Area Sources, Ferroalloys Production Facilities.

And Number 7, 40 CFR 63, Subpart ZZZZZZ, National Emission Standards for 

Hazardous Air Pollutants, Area Source Standards for Aluminum, Copper, and 

Other Nonferrous Foundries.

Also, the titles for several other subparts have been modified to reflect 

more precisely the titles as they appear in the Code of Federal Regulations. 

Those changes are also highlighted in your handout.

Notice was published in the Oklahoma Register on December 15, 2009 for these 

proposed changes. The notice requested written comments from the public and 

other interested parties. No comments have been received as of today. The 

correspondence from EPA that's in your folders indicates that they had no 

comments regarding this rule.
Staff requests that the Council vote to send this rule to the Environmental 

Quality Board with a recommendation that the changes be adopted as a 

permanent rule.

MS. BOTCHLET-SMITH: Do we have any questions from the Council for Ms. 

Marshment?

Hearing none, do we have any questions or comments from public? Again hearing 

none, Laura.

MS. LODES: The Agency has asked that we move to adopt this change. Do we have 

a motion?

MR. COLLINS: I'll make a motion that we adopt the Department's proposal to 

update the rules for the Incorporation by Reference.

MS. LODES: We have a motion. Is there a second?

MS. MYERS: And that also includes the removal of (inaudible); is that 

correct?

MR. COLLINS: Yes.

MS. LODES: I have a motion. Do I have a second?

MR. BRANECKY: Second.

MS. LODES: I have a motion and a second. Myrna, will you call the roll.

MS. BRUCE: David Branecky.

MR. BRANECKY: Yes.

MS. BRUCE: Sharon Myers.

MS. MYERS: Yes.

MS. BRUCE: Gary Collins.

MR. COLLINS: Yes.

MS. BRUCE: Jim Haught.

MR. HAUGHT: Yes.

MS. BRUCE: Bob Lynch.

DR. LYNCH: Yes.

MS. BRUCE: Montelle Clark.

MR. CLARK: Yes.

MS. BRUCE: Pete White.

MR. WHITE: Yes.

MS. BRUCE: Laura Lodes.

MS. LODES: Yes.

MS. BRUCE: Motion passed.

MS. BOTCHLET-SMITH: This concludes the hearing portion of today's meeting. 

The next item is a separate presentation that is not -- it's for 

informational purposes only.

(End of Rulemaking hearing)
C E R T I F I C

STATE OF OKLAHOMA )

) ss:

COUNTY OF OKLAHOMA )

I, CHRISTY A. MYERS, Certified Shorthand Reporter in and for the State of 

Oklahoma, do hereby certify that the above meeting is the truth, the whole 

truth, and nothing but the truth; that the foregoing meeting was taken down 

in shorthand by me and thereafter transcribed under my direction; that said 

meeting was taken on the 20th day of January, 2010, at Oklahoma City, 

Oklahoma; and that I am neither attorney for, nor relative of any of said 

parties, nor otherwise interested in said action.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal on this, 

the 21st day of January, 2010.

CHRISTY A. MYERS, C.S.R.

Certificate No. 00310m
1 

SUMMARY OF COMMENTS AND STAFF RESPONSES 

FOR PROPOSED REVISION TO SUBCHAPTER 17 

INCINERATORS

COMMENTS RECEIVED PRIOR TO AND AT THE OCTOBER 21, 2009

AIR QUALITY ADVISORY COUNCIL MEETING 

Written Comments

Environmental Protection Agency - Email received on October 20, 2009 from Carrie Paige, Environmental Scientist 

1. COMMENT: "100-17-2-2 Part 3 (Definitions) – Primary combustion chamber - the proposed 

revisions delete the term "waste" and replace it with "refuse." Please define "refuse" as it's 

not clear what this term includes/excludes." 

RESPONSE: The term "refuse" is defined in OAC 252:100-1-3. 




1 

TITLE 252. OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY

CHAPTER 100. AIR POLLUTION CONTROL 

SUBCHAPTER 17. INCINERATORS 

PART 4. BIOMEDICAL WASTE INCINERATORS 

252:100-17-8. Applicability

This part applies to any new or existing biomedical waste incinerator that is not subject to the requirements of Part 7 

of this subchapter or is exempted from the requirements of Subpart Ec of 40 CFR Part 60.

252:100-17-9. Definitions

The following words and terms when used in this part shall have the following meaning unless the context clearly 

indicates otherwise:

"Antineoplastic agents" means drugs used to inhibit and combat the development of neoplasms.

"Biomedical radioactive waste" means low-level radioactive waste as defined in 40 CFR 60.51c.

"Biomedical waste" means medical/infectious waste as defined in 40 CFR 60.51c, Chemotherapeutic waste and 

biomedical radioactive waste.

"Biomedical waste incinerator" means an incinerator used to burn biomedical waste.

"Chemotherapeutic waste" means waste material resulting from the production or use of antineoplastic agents.

"Neoplasms" means tumors consisting of an abnormal proliferation of cells. The growth of this clone of cells 

exceeds, and is uncoordinated with, that of the normal tissues around it. Neoplasms may be benign, pre-malignant or 

malignant.

252:100-17-10. Design and operation

An incinerator subject to this part shall be designed and built with a primary combustion chamber and secondary 

combustion chamber(s) each equipped with burners or other combustion devices that maintain the applicable temperature and 

retention time specified in (1) through (3) of this section in both the primary and secondary combustion chamber(s) at all times 

when biomedical waste is being incinerated.

(1) The temperature in the primary combustion chamber shall not be less than 1,200o

F.

(2) The temperature in the secondary combustion chamber(s) shall not be less than 1,800o

F with a retention time of 

not less than one (1) second when processing biomedical waste containing no chemotherapeutic waste.

(3) The temperature in the secondary combustion chamber(s) shall not be less than 2,000o

F with a retention time of 

not less than two (2) seconds when processing biomedical waste containing chemotherapeutic waste.

252:100-17-11. Emission limits

Emissions from any biomedical waste incinerator subject to the requirements of this part shall not exceed the limits 

specified in (1) through (3) of this section. Any required performance testing shall be conducted while the incinerator is 

operating between 90% and 100% of operating capacity, or under other representative operating conditions specified by an 

applicable permit or testing method.

(1) Hydrochloric acid (HCl). Emissions of HCl shall not exceed 4.0 lb/hr.

(2) Particulate matter. Emissions of particulate matter shall not exceed 0.08 gr/dscf (grains per dry standard cubic 

foot) corrected to12% carbon dioxide in the emission gas stream.

(3) Carbon monoxide (CO). Emissions of CO shall not exceed 100 ppm by volume corrected to standard 
2 

conditions in the emission gas stream.



10Apr_SC17_P4_RUL.wpd March 12, 

2010

1 

TITLE 252. OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY

CHAPTER 100. AIR POLLUTION CONTROL 

SUBCHAPTER 17. INCINERATORS 

PART 4. BIOMEDICAL WASTE INCINERATORS [NEW] 

252:100-17-8. Applicability

This part applies to any new or existing biomedical waste incinerator that is not subject to 

the requirements of Part 7 of this subchapter or is exempted from the requirements of Subpart Ec 

of 40 CFR Part 60.

252:100-17-9. Definitions

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

unless the context clearly indicates otherwise:

"Antineoplastic agents" means drugs used to inhibit and combat the development of 

neoplasms.

"Biomedical radioactive waste" means low-level radioactive waste as defined in 40 

CFR 60.51c.

"Biomedical waste" means medical/infectious waste as defined in 40 CFR 60.51c, 

Chemotherapeutic waste and biomedical radioactive waste.

"Biomedical waste incinerator" means an incinerator used to burn biomedical waste.

"Chemotherapeutic waste" means waste material resulting from the production or use 

of antineoplastic agents.

"Neoplasms" means tumors consisting of an abnormal proliferation of cells. The 

growth of this clone of cells exceeds, and is uncoordinated with, that of the normal tissues 

around it. Neoplasms may be benign, pre-malignant or malignant.

252:100-17-10. Design and operation

An incinerator subject to this part shall be designed and built with a primary combustion 

chamber and secondary combustion chamber(s) each equipped with burners or other combustion 

devices that maintain the applicable temperature and retention time specified in (1) through (3) 

of this section in both the primary and secondary combustion chamber(s) at all times when 

biomedical waste is being incinerated.

(1) The temperature in the primary combustion chamber shall not be less than 1,200o

F.

(2) The temperature in the secondary combustion chamber(s) shall not be less than 

1,800oF with a retention time of not less than one (1) second when processing biomedical waste 

containing no chemotherapeutic waste.

(3) The temperature in the secondary combustion chamber(s) shall not be less than 

2,000oF with a retention time of not less than two (2) seconds when processing biomedical waste 

containing chemotherapeutic waste.

252:100-17-11. Emission limits

Emissions from any biomedical waste incinerator subject to the requirements of this part 

shall not exceed the limits specified in (1) through (3) of this section. Any required 

performance testing shall be conducted while the incinerator is operating between 90% and 
10Apr_SC17_P4_RUL.wpd March 12, 

2010

2 

100% of operating capacity, or under other representative operating conditions specified by an 

applicable permit or testing method.

(1) Hydrochloric acid (HCl). Emissions of HCl shall not exceed 4.0 lb/hr.

(2) Particulate matter. Emissions of particulate matter shall not exceed 0.08 gr/dscf 

(grains per dry standard cubic foot) corrected to12% carbon dioxide in the emission gas stream.

(3) Carbon monoxide (CO). Emissions of CO shall not exceed 100 ppm by volume 

corrected to standard conditions in the emission gas stream.
MINUTES

AIR QUALITY COUNCIL

OSU – Tulsa Campus

700 North Greenwood Drive 

Tulsa, Oklahoma 

April 21, 2010 

To EQBoard June 15, 2010 August 24, 2010

AQC Approved 

July 21, 2010 October 27, 2010

Notice of Public Meeting The Air Quality Council convened for its regular meeting at 9:00 a.m. 

on April 21, 2010, at the Oklahoma State University Tulsa Campus, 700 North Greenwood 

Drive, Tulsa, Oklahoma. Notice of the meeting was forwarded to the Office of the Secretary of 

State giving the date, time, and place of the meeting on December 3, 2010. Agendas were posted 

at the meeting facility and at the DEQ Central Office in Oklahoma City at least twenty-four 

hours prior to the meeting. Ms. Beverly Botchlet-Smith convened the hearings by the Air Quality 

Council in compliance with the Oklahoma Administrative Procedures Act and Title 40 CFR Part 

51, and Title 27A, Oklahoma Statutes, Sections 2-5-201 and 2-5-101-2-5-118. Ms. Smith entered 

the Agenda and the Oklahoma Register Notice into the record and announced that forms were 

available at the sign-in table for anyone wishing to comment on any of the rules. Ms. Laura 

Lodes, Chair, called the meeting to order. Mr. Terrill introduced new member, David Gamble. 

Ms. Bruce called roll stating that a quorum was present. 

MEMBERS PRESENT

David Branecky

Montelle Clark

David Gamble

Laura Lodes

Jim Haught

Sharon Myers

MEMBERS ABSENT

Gary Collins

Bob Lynch

Pete White

DEQ STAFF PRESENT

Eddie Terrill

Beverly Botchlet-Smith

Scott Thomas

Cheryl Bradley

Rob Singletary

OTHERS PRESENT 

Christy Myers, Court Reporter

DEQ STAFF PRESENT

Diana Hinson

Brooks Kirlin

Nancy Marshment

Dawson Lasseter

Myrna Bruce

Transcripts and Attendance Sheet are attached as an official part of these Minutes

 

Approval of Minutes – January 20, 2010 Regular Meeting Ms. Lodes called for a motion for 

approval. Mr. Branecky moved to approve and Mr. Haught made the second.

David Branecky

Sharon Myers

Montelle Clark

Yes

Yes

Yes

Jim Haught

David Gamble

Laura Lodes

Yes

Yes Abstain

Yes

OAC 252:100-17. Incinerators, Part 4 [NEW] Ms. Diana Hinson, staff representative, 

advised that the proposal would add a new Part 4, Biomedical Waste Incinerators, to Subchapter 

17, Incinerators. The new part will incorporate the control requirements for this type of

incinerator originally established under the authority of Subchapter 41, Control of Emission of

Hazardous and Toxic Air Contaminants, which was revoked in 2007. The addition of Part 4 

would reestablish the Department's authority to require design and emission standards for 

biomedical waste incinerators and close a regulatory gap in Part 7 of Subchapter 17. Ms. Hinson 

explained that further consideration is being given in order to make additional clarifications 
regarding emission limits and units of measurement. The Department recommended that Council 

forward to the Environmental Quality Board for permanent adoption. Following discussion, Ms. 

Lodes called for a motion for approval. Mr. Haught made the motion and Ms. Myers made the 

second. 

Transcript pages 6 - 12

David Branecky

Sharon Myers

Montelle Clark

Yes

Yes

Yes

Jim Haught

David Gamble

Laura Lodes

Yes

Yes Abstain

Yes

Ozone Season Update -- Mr. Scott Thomas, Environmental Programs Manager, gave a 

presentation regarding this ozone season. He and Mr. Terrill fielded questions and comments. 

Greenhouse Gas Tailoring Rule and Other Permitting News – Mr. Phillip Fielder, 

Engineering Manager, provided an update. Mr. Terrill and staff fielded questions and comments. 

Division Director's Report – Mr. Terrill related that most of his report was covered in the 

presentations. He did touch on the mercury study and Ms. Botchlet-Smith gave an update on the 

audit scheduling. 

New Business - Any matter not known about or which could not have been reasonably foreseen 

prior to the time of posting the agenda. 

Adjournment – Ms. Lodes adjourned the meeting adjourned at 11:20 a.m. The next regular 

meeting is scheduled for Wednesday, July 21, 2010, in Tulsa, Oklahoma. 

Transcripts and Attendance Sheet are attached as an official part of these Minutes. 
DEPARTMENT OF ENVIRONMENTAL QUALITY 

STATE OF OKLAHOMA 

* * * * * 

TRANSCRIPT OF PROCEEDINGS 

OF THE 

AIR QUALITY COUNCIL MEETING 

HELD ON APRIL 21, 2010, AT 9:00 A.M. 

IN TULSA, OKLAHOMA 

* * * * * 

MYERS REPORTING SERVICE 

Christy Myers, CSR

P.O. Box 721532 

Oklahoma City, Oklahoma 73172-1532

(405) 721-2882 
MEMBERS OF THE COUNCIL 

DAVID BRANECKY, MEMBER 

LAURA LODES, CHAIR 

JIM HAUGHT, VICE-CHAIR 

PETE WHITE, MEMBER 

SHARON MYERS, MEMBER 

MONTELLE CLARK, MEMBER 

GARY COLLINS, MEMBER 

ROBERT LYNCH, MEMBER 

DAVID GAMBLE, MEMBER 

DEQ STAFF 

MYRNA BRUCE 

BEVERLY BOTCHLET-SMITH 

EDDIE TERRILL 

CHERYL BRADLEY 

NANCY MARSHMENT 

DIANA HINSON 

ROBERT SINGLETARY 
PROCEEDING 

MS. LODES: Go ahead and call 

this meeting to order. Myrna will you call 

role. 

MS. BRUCE: David Branecky. 

MR. BRANECKY: Here. 

MS. BRUCE: Sharon Myers. 

MS. MYERS: Here. 

MS. BRUCE: Montelle Clark. 

MR. CLARK: Here. 

MS. BRUCE: Bob Lynch is absent. 

Jim Haught. 

MR. HAUGHT: Here. 

MS. BRUCE: David Gamble. 

MR. GAMBLE: Here. 

MS. BRUCE: Gary Collins is 

absent. Pete White is absent. Laura 

Lodes. 

MS. LODES: Here. 

MS. BRUCE: We have a quorum. 

MR. TERRILL: Before we start off 

with the approval of the minutes, I might 

mention this is Dave Gamble's first 
meeting. He's been nominated by the 

Governor to fill out the term of Jerry 

Purkaple. They both work for 

ConocoPhillips out of -- in Ponca City. So 

he'll be representing the refining 

industry. And he came to Ponca City in 

1982 to be part of the corporate 

engineering group and from northern 

Minnesota so the change in a lot of things 

were pretty dramatic. But he moved 

steadily up the organization and held 

various engineering positions. Then in 

2002 they moved him to environmental group 

-- I know our permitting folks that work 

with Dave quite a bit, and we feel a little 

fortunate to have him and think he'll be 

doing a really good job representing that 

sector. 

He's married with two kids and we're 

just glad to have you. 

MR. GAMBLE: Thank you, I'm glad 

to be here. 

MR. TERRILL: I'll turn it back 

over to you. 

MS. LODES: Good to have you 

here. 

And next item on the Agenda is the 

Approval of Minutes from the January 20, 

2010 regular meeting. Do we have any 

comments or discussion on the minutes? 

Seeing no comments. 

MR. BRANECKY: I move for 

approval. 

MS. LODES: Okay, I have a 

motion. Do I have a second? 

MR. HAUGHT: I second. 

MS. LODES: I have a motion and a 

second. Myrna, will you call the roll. 

MS. BRUCE: David Branecky. 

MR. BRANECKY: Yes. 

MS. BRUCE: Sharon Myers. 
MS. MYERS: Yes. 

MS. BRUCE: Montelle Clark. 

MR. CLARK: Yes. 

MS. BRUCE: Jim Haught. 

MR. HAUGHT: Yes. 

MS. BRUCE: David Gamble. 

MR. GAMBLE: Abstain. 

MS. BRUCE: Laura Lodes. 

MS. LODES: Yes. 

MS. BRUCE: Motion passed. 

MS. BOTCHLET-SMITH: Ready for 

the hearing? 

MS. LODES: We're ready for the 

hearing. 

MS. BOTCHLET-SMITH: Good 

morning, I'm Beverly Botchlet-Smith. I'm 

the Assistant Director of the Air Quality 

Division and as such I'll serve as the 

Protocol Officer for today's hearing. 

The hearings will be convened by the 

Air Quality Council in compliance with 

Oklahoma Administrative Procedures Act and 

Title 40 of the Code of Federal 

Regulations, Part 51, as well as the 

authority of the Title 27A of the Oklahoma 

Statutes, Section 2-2-201, Sections 2-5-101 

through 2-5-118. 

Notice of the April 21, 2010 

hearings was advertised in the Oklahoma 

Register for the purpose of receiving 

comments pertaining to the proposed OAC 

Title 252 Chapter 100 rules, as listed on 

the Agenda and will be entered into each 

record along with the Oklahoma Register 
filing. Notice of Meeting was filed with 

the Secretary of State on December 3, 2009. 

The Agenda was duly posted 24 hours prior 

to the meeting at this facility and at the 

DEQ. 

If you wish to make a statement, 

it's very important that you complete the 

form at the registration table, and you 

will be called upon at the appropriate 

time. And audience members, we ask that 

you please come to the podium for your 

comments and please state your name prior 

to making those comments. 

At this time we will proceed with 

what's marked as Agenda Item 4A on the 

Hearing Agenda. That is OAC 252:100-17 

Incinerators, Part 4. The presentation 

will be made by Ms. Diana Hinson of our 

staff. 

MS. HINSON: Good morning Madam 

Chairman, Members of the Council, ladies 

and gentlemen. I'm Diana Hinson, an 

environmental programs specialist in the 

Rules and Planning Section of the Air 

Quality Division at the Department of 

Environmental Quality. 

The Department is proposing to add a 

new Part 4, Biomedical Waste Incinerators, 

to Subchapter 17, Incinerators. The new 

part will incorporate the control 

requirements for this type of incineration 

originally established under Subchapter 41, 

Control of Emission of Hazardous and Toxic 

Air Contaminants, which was revoked in 

2007. 

In addition, the Department has 

identified regulatory gaps on Subchapter 

17, Part 7, Hospital, Medical and 

Infectious Waste Incinerators when 

pathological waste, low-level radioactive 
waste, and chemotherapeutic waste is 

incinerated. The addition of Part 4 will 

reestablish design and emission standards 

for biomedical waste incinerators and close 

the regulatory gap in Part 7 of Subchapter 

17. 

Concerns voiced by the Council in 

prior meetings have resulted in 

clarification of the rule regarding 

emission limits and units of measurement. 

Also, upon further investigation, another 

facility utilizing a biomedical waste 

incinerator was identified. Both 

facilities have been notified of the 

proposal. 

Notice of the proposed rule change 

was published in the Oklahoma Register on 

March 15, 2010 and comments were requested 

from members of the public. Comments were 

received by email on October 20, 2009 from 

EPA. EPA has also submitted letters of 

support of the proposal on January 15 and 

April 16, 2010. 

This is the second hearing for the 

Council to review this proposal. The 

Department requests that the Council 

consider voting to send the proposal to the 

Environmental Quality Board with a 

recommendation that it be adopted as a 

permanent rule. Thank you. 

MS. BOTCHLET-SMITH: At this time 

we will take questions and comments from 

the Council. 

MR. BRANECKY: I noticed under 

Section 17-11, Emission Limits, Number 3, 
Carbon Monoxide, it's not underlined. Is 

that -- was that existing or is that not 

new or what is it? 

MS. HINSON: Everything for Part 

4 is new and there were some software self 

recognizing issues that we have identified 

and we will make changes. 

MR. BRANECKY: Okay, so it should 

be underlined, it's just all new. 

MS. HINSON: Right. 

MR. BRANECKY: Thank you. 

MS. LODES: Do we have any 

additional questions from the Council? 

MS. BOTCHLET-SMITH: Okay, I 

haven't received notice of -- I'm sorry, 

Sharon. 

MS. MYERS: Based on the Minutes 

from the previous meeting, it stated that 

we're carrying it over in order to make 

additional clarifications regarding the 

performance standard. Were those 

clarifications made or is this exactly the 

same as we read before? 

MS. HINSON: I clarified the 

units of measurement. 

MS. MYERS: Okay. Thank you. 

MS. HINSON: You're welcome. 

MS. BOTCHLET-SMITH: I hadn't 

received any notice of anyone from the 

public was interested in commenting. Is 

there anyone who's decided to comment at 
this time? 

Seeing no hands, I would turn it 

back to the Council for one last 

opportunity to questions, comments. Seeing 

none, Laura - 

MS. LODES: No other -- no 

additional comments. The Agency has asked 

that we approve this rule. Do we have a 

motion? 

MR. HAUGHT: I'm going to make 

the motion to approve the Part 4 changes as 

presented today. 

MS. MYERS: I'll second it. 

MS. LODES: I have a motion and a 

second. Myrna, will you call the roll. 

MS. BRUCE: David Branecky. 

MR. BRANECKY: Yes. 

MS. BRUCE: Sharon Myers. 

MS. MYERS: Yes. 

MS. BRUCE: Montelle Clark. 

MR. CLARK: Yes. 

MS. BRUCE: Jim Haught. 

MR. HAUGHT: Yes. 

MS. BRUCE: David Gamble. 

MR. GAMBLE: Abstain. 

MS. BRUCE: Laura Lodes. 

MS. LODES: Yes. 

MS. BRUCE: Motion passed. 

MS. BOTCHLET-SMITH: And with 

that, the hearing is concluded -- is 

concluded for the hearings today. 
(Items 1-4 Concluded) 

C E R T I F I C A T E 

STATE OF OKLAHOMA )

) ss: 

COUNTY OF OKLAHOMA ) 

I, CHRISTY A. MYERS, Certified 

Shorthand Reporter in and for the State of 

Oklahoma, do hereby certify that the above 

meeting is the truth, the whole truth, and 

nothing but the truth; that the foregoing 

meeting was taken down in shorthand by me 

and thereafter transcribed under my 

direction; that said meeting was taken on 

the 21st day of April, 2010, at Tulsa, 

Oklahoma; and that I am neither attorney 

for, nor relative of any of said parties, 

nor otherwise interested in said action. 

IN WITNESS WHEREOF, I have hereunto 

set my hand and official seal on this, the 

24th day of April, 2010. 

CHRISTY A. MYERS, C.S.R.

Certificate No. 00310 
10Apr_SC17_COM_RES.WPD 

April 6, 2010

1 

SUMMARY OF COMMENTS AND STAFF RESPONSES 

FOR PROPOSED REVISION TO SUBCHAPTER 17 

INCINERATORS

COMMENTS RECEIVED PRIOR TO AND AT THE OCTOBER 21, 2009

AIR QUALITY ADVISORY COUNCIL MEETING 

Written Comments

Environmental Protection Agency- Email received on October 20, 2009 from Carrie Paige, Environmental Scientist 

1. COMMENT: "Part 4, 17-10 (Design and operation) The term ‘chemotrophic waste’ is used 

in both paragraphs (2) and (3). Please define chemotrophic waste." 

RESPONSE: The term "chemotrophic" is being replaced with "chemotherapeutic" and is 

defined in OAC 252:100-17-9.

 Oral Comments

There were no oral comments from the public at the October 21, 2009 Air Quality Advisory 

Council meeting.

COMMENTS RECEIVED PRIOR TO AND AT THE 

JANUARY 20, 2010 and APRIL 21, 2010

AIR QUALITY ADVISORY COUNCIL MEETINGS

No written or oral comments were received from the public prior to or at the January 2010 or at the April 2010 meeting. 
Permanent Final Adoptions

252:4-7-61. Brownfields applications - Tier I

[REVOKED]

A Tier I application shall be required for a Memorandum

of Agreement for site characterization.

252:4-7-62. Brownfields applications - Tier II

[REVOKED]

A Tier II application shall be required for all Certificates.

252:4-7-63. Brownfields applications - Tier III

[REVOKED]

None.

[OAR Docket #11-342; filed 4-7-11]

TITLE 252. DEPARTMENT OF

ENVIRONMENTAL QUALITY

CHAPTER 100. AIR POLLUTION CONTROL

[OAR Docket #11-343]

RULEMAKING ACTION:

PERMANENT final adoption

RULES:

Subchapter 17. Incinerators

Part 4. Biomedical Waste Incinerators [NEW]

252:100-17-8. Applicability [NEW]

252:100-17-9. Definitions [NEW]

252:100-17-10. Design and operation [NEW]

252:100-17-11. Emission limits [NEW]

AUTHORITY:

Environmental Quality Board and Air Quality Advisory Council powers

and duties, 27A O.S.,§§ 2-2-101 and 2-2-201; and Oklahoma Clean Air Act,

27A O.S.,§§ 2-5-101 et seq.

DATES:

Comment period:

September 15, 2009 through April 21, 2010

August 24, 2010

Public hearing:

October 21, 2009

January 20, 2010

April 21, 2010

August 24, 2010

Adoption:

August 24, 2010

Submitted to Governor:

August 30, 2010

Submitted to House:

August 30, 2010

Submitted to Senate:

August 30, 2010

Gubernatorial approval:

October 12, 2010

Legislative approval:

Failure of the Legislature to disapprove the rules resulted in approval on

April 1, 2011

Final adoption:

April 1, 2011

Effective:

July 1, 2011

SUPERSEDED EMERGENCY ACTIONS:

N/A

INCORPORATIONS BY REFERENCE:

N/A

ANALYSIS:

The DEQ proposes to add a new Part 4, Biomedical Waste Incinerators,

to OAC 252:100-17, Incinerators. The proposed rulemaking will include

design requirements, emission standards and control technology for this

type of incinerator. Additionally, the proposed rulemaking will close certain

regulatory gaps in Subchapter 17, Part 7 (Hospital, Medical and Infectious

Waste Incinerators) when pathological waste, low-level radioactive waste and

chemotherapeutic wastes are incinerated.

CONTACT PERSON:

Cheryl Bradley, Department of Environmental Quality, Air Quality

Division, 707 North Robinson, P.O. Box 1677, Oklahoma City, Oklahoma

73101-1677, (405) 702-4100.

PURSUANT TO THE ACTIONS DESCRIBED HEREIN,

THE FOLLOWING RULES ARE CONSIDERED

FINALLY ADOPTED AS SET FORTH IN 75 O.S.,

SECTION 308.1(A), WITH AN EFFECTIVE DATE

OF JULY 1, 2011:

SUBCHAPTER 17. INCINERATORS

PART 4. BIOMEDICAL WASTE INCINERATORS

252:100-17-8. Applicability

This part applies to any new or existing biomedical waste

incinerator that is not subject to the requirements of Part 7 of

this subchapter or is exempted from the requirements of Subpart Ec of 40 CFR Part 60.

252:100-17-9. Definitions

The following words and terms when used in this partshall

have the following meaning unlessthe context clearly indicates

otherwise:

"Antineoplastic agents" means drugs used to inhibit and

combat the development of neoplasms.

"Biomedical radioactive waste" means low-level radioactive waste as defined in 40 CFR 60.51c.

"Biomedical waste" means medical/infectious waste

as defined in 40 CFR 60.51c, Chemotherapeutic waste and

biomedical radioactive waste.

"Biomedical waste incinerator" means an incinerator

used to burn biomedical waste.

"Chemotherapeutic waste" means waste material resulting from the production or use of antineoplastic agents.

"Neoplasms" means tumors consisting of an abnormal

proliferation of cells. The growth of this clone of cells exceeds,

and is uncoordinated with, that of the normal tissues around it.

Neoplasms may be benign, pre-malignant or malignant.

252:100-17-10. Design and operation

An incinerator subject to this part shall be designed and

built with a primary combustion chamber and secondary combustion chamber(s) each equipped with burners or other combustion devices that maintain the applicable temperature and

retention time specified in (1) through (3) of this section in

both the primary and secondary combustion chamber(s) at all

times when biomedical waste is being incinerated.

May 2, 2011 643 Oklahoma Register (Volume 28, Number 16)
Permanent Final Adoptions

(1) The temperature in the primary combustion chamber shall not be less than 1,200 F.

(2) The temperature in the secondary combustion

chamber(s) shall not be less than 1,800 F with a retention

time of not less than one (1) second when processing

biomedical waste containing no chemotherapeutic waste.

(3) The temperature in the secondary combustion

chamber(s) shall not be less than 2,000 F with a retention

time of not less than two (2) seconds when processing

biomedical waste containing chemotherapeutic waste.

252:100-17-11. Emission limits

Emissions from any biomedical waste incinerator subject

to the requirements of this part shall not exceed the limits specified in (1) through (3) of this section. Any required performance testing shall be conducted while the incinerator is operating between 90% and 100% of operating capacity, or under

other representative operating conditions specified by an applicable permit or testing method.

(1) Hydrochloric acid (HCl). Emissions of HCl shall

not exceed 4.0 lb/hr.

(2) Particulate matter. Emissions of particulate matter shall not exceed 0.08 gr/dscf (grains per dry standard

cubic foot) corrected to12% carbon dioxide in the emission gas stream.

(3) Carbon monoxide (CO). Emissions of CO shall

not exceed 100 ppm by volume corrected to standard conditions in the emission gas stream.

[OAR Docket #11-343; filed 4-7-11]

TITLE 252. DEPARTMENT OF

ENVIRONMENTAL QUALITY

CHAPTER 205. HAZARDOUS WASTE

MANAGEMENT

[OAR Docket #11-346]

RULEMAKING ACTION:

PERMANENT final adoption

RULES:

Subchapter 3. Incorporation by Reference

252:205-3-1. [AMENDED]

AUTHORITY:

Environmental Quality Board and Hazardous Waste Management

Advisory Council powers and duties, 27A O.S. §§ 2-2-101, 2-2-104, 2-2-201;

Oklahoma Hazardous Waste Management Act, 2-7-105 and 2-7-106.

DATES:

Comment period:

September 15 through October 28, 2010, and November 16, 2010

Public hearing:

October 28, 2010, Hazardous Waste Management Advisory Council

November 16, 2010, Environmental Quality Board

Adoption:

November 16, 2010

Submitted to Governor:

November 23, 2010

Submitted to House:

November 23, 2010

Submitted to Senate:

November 23, 2010

Gubernatorial Approval:

December 27, 2010

Legislative approval:

Failure of the Legislature to disapprove the rules resulted in approval on

April 1, 2011

Final adoption:

April 1, 2011

Effective:

July 1, 2011

SUPERSEDED EMERGENCY ACTIONS:

N/A

INCORPORATION BY REFERENCE:

Incorporated standards:

As set forth in OAC 252:205-3-2 through 252:205-3-4, certain provisions

of Title 40 of the Code of Federal Regulations, Parts 124, 260 through 268,

270, 273, and 279 as amended through July 1, 2010.

Incorporating rules:

252:205-3-1

Availability:

From the contact person listed below

ANALYSIS:

The proposed amendments are to incorporate by reference, as set forth in

OAC 252:205-3-2 through 252:205-3-4, certain provisions of Title 40 of the

Code of Federal Regulations, Parts 124, 260 through 268, 270, 273, and 279 as

amended through July 1, 2010.

CONTACT PERSON:

Mike Edwards (405) 702-5226, 707 North Robinson, Oklahoma City,

Oklahoma 73102. Mailing address is P.O. Box 1677, Oklahoma City, OK

73101-1677. E-mail address is mike.edwards@deq.ok.gov.

PURSUANT TO THE ACTIONS DESCRIBED HEREIN,

THE FOLLOWING RULES ARE CONSIDERED

FINALLY ADOPTED AS SET FORTH IN 75 O.S.,

SECTION 308.1(A), WITH AN EFFECTIVE DATE

OF JULY 1, 2011:

SUBCHAPTER 3. INCORPORATION BY

REFERENCE

252:205-3-1. Reference to 40 CFR

(a) Incorporation date. Except as provided in subsection

(b), when reference is made to Title 40 of the Code of Federal

Regulations (40 CFR), it shall mean (unless otherwise specified) the Hazardous Waste Regulations, Monday, May 19,

1980, as amended through July 1, 20092010.

(b) Excluded provisions. None of the revisions to 40

CFR published at 73 FR 64668 - 64788 (October 30, 2008),

"Revisions to the Definition of Solid Waste: Final Rule" are

incorporated herein.

[OAR Docket #11-346; filed 4-7-11]

TITLE 252. DEPARTMENT OF

ENVIRONMENTAL QUALITY

CHAPTER 220. BROWNFIELDS

[OAR Docket #11-344]

RULEMAKING ACTION:

PERMANENT final adoption

RULES:

Chapter 220. Brownfields [REVOKED]

Oklahoma Register (Volume 28, Number 16) 644 May 2, 2011
APPENDIX A. 

ALLOWABLE PARTICULATE MATTER EMISSION RATE 

FOR INCINERATORS [NEW] 

The following information is for use only in conjunction with OAC 252:100-17-4. 

The allowable particulate matter emission rate for incinerators with a capacity of 75 lb/hr or less 

is 0.10 pounds per hour of refuse charged, including any solid fuel, on an as-loaded basis. 

The allowable particulate matter emission rate for incinerators with a capacity greater than 75 

lb/hr may be calculated using one of the following formulas, where Y equals the allowable 

particulate matter emission rate in pounds per hour and X equals the refuse charged, including 

any solid fuel, in pounds per hour on an as-loaded basis. 

For incinerators with a capacity greater than 75 lb/hr but less than 100 lb/hr, the formula is: 

Y = 9.21310-11 X 4.818

For incinerators with a capacity of 100 lb/hr or more, the formula is: 

Y = 1.221 10-2 X 0.7577



10Jan_AppA_new.wpd November 29, 2010

APPENDIX A. 

ALLOWABLE PARTICULATE MATTER EMISSION RATE 

FOR INCINERATORS [NEW] 

The following information is for use only in conjunction with OAC 252:100-17-4. 

The allowable particulate matter emission rate for incinerators with a capacity of 75 lb/hr or less is 0.10 pounds per hour of 

refuse charged, including any solid fuel, on an as-loaded basis. 

The allowable particulate matter emission rate for incinerators with a capacity greater than 75 lb/hr may be calculated using one 

of the following formulas, where Y equals the allowable particulate matter emission rate in pounds per hour and X equals the 

refuse charged, including any solid fuel, in pounds per hour on an as-loaded basis. 

For incinerators with a capacity greater than 75 lb/hr but less than 100 lb/hr, the formula is: 

Y = 9.21310‐11 X 4.818

For incinerators with a capacity of 100 lb/hr or more, the formula is: 

Y = 1.221 10‐2

X 0.7577
11Jan_AppA_rev.wpd December 15, 

2010

APPENDIX A. 

ALLOWABLE PARTICULATE MATTER EMISSION RATE 

FOR INCINERATORS [REVOKED] 

The following information is for use only in conjunction with OAC 252:100-17-4. 

The allowable particulate matter emission rate for incinerators with a capacity of 75 lb/hr or less is 0.01 pounds per hour of 

refuse charged, including any solid fuel, on an as-loaded basis. 

The allowable particulate matter emission rate for incinerators with a capacity greater than 75 lb/hr may be calculated using one 

of the following formulas, where Y equals the allowable particulate matter emission rate in pounds per hour and X equals the 

refuse charged, including any solid fuel, in pounds per hour on an as-loaded basis. 

For incinerators with a capacity greater than 75 lb/hr but less than 100 lb/hr, the formula is: 

Y = 9.21310‐11 X 4.818

For incinerators with a capacity of 100 lb/hr or more, the formula is: 

Y = .221 10‐2

X 0.7577









Permanent Final Adoptions

(1) Applicability determination. $250$500, to be

credited against the construction or operating permit

application fee, if a permit is required. If no permit is required, the fee will be retained to cover the cost of making

the determination.

(2) Construction permit application.

(A) New Part 70 source - $2,000$7500.

(B) Modification of a Part 70 source -

$1,500$5000.

(C) Authorization under a general permit - $900.

(3) Operating permit application.

(A) Initial Part 70 permit - $2,000$7500.

(B) Authorization under a general permit - $900

(C) Renewal Part 70 permit - $1,000$7500.

(D) Significant modification of Part 70 permit -

$1,000$6000.

(E) Minor modification of Part 70 permit -

$500$3000.

(F) Part 70 Temporary Source Relocation - $500.

[OAR Docket #11-699; filed 5-18-11]

TITLE 252. DEPARTMENT OF

ENVIRONMENTAL QUALITY

CHAPTER 100. AIR POLLUTION CONTROL

[OAR Docket #11-700]

RULEMAKING ACTION:

PERMANENT final adoption

RULES:

Appendix A. Allowable Particulate Matter Emission Rate for Incinerators

[REVOKED]

Appendix A. Allowable Particulate Matter Emission Rate for Incinerators

[NEW]

AUTHORITY:

Environmental Quality Board; 27A O.S. §§ 2-2-101 and 2-2-201; and

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

DATES:

Comment period:

December 15, 2010 through January 19, 2011

Public hearing:

January 19, 2011

Adoption:

February 25, 2011

Submitted to Governor:

March 4, 2011

Submitted to House:

March 4, 2011

Submitted to Senate:

March 4, 2011

Gubernatorial approval:

April 12, 2011

Legislative approval:

Failure of the Legislature to disapprove the rule(s) resulted in approval on

May 3, 2011

Final adoption:

May 3, 2011

Effective:

July 1, 2011

SUPERSEDED EMERGENCY ACTIONS:

n/a

INCORPORATIONS BY REFERENCE:

n/a

ANALYSIS:

The Department is proposing to correct inaccuracies in Appendix A,

Allowable Particulate Matter Emission Rate for Incinerators, by revoking the

current Appendix A and replacing it with a new Appendix A.

CONTACT PERSON:

Cheryl Bradley, Department of Environmental Quality, Air Quality

Division, 707 North Robinson, P.O. Box 1677, Oklahoma City, Oklahoma

73101-1677, (405) 702-4100.

PURSUANT TO THE ACTIONS DESCRIBED HEREIN,

THE FOLLOWING RULES ARE CONSIDERED

FINALLY ADOPTED AS SET FORTH IN 75 O.S.,

SECTION 308.1(A), WITH AN EFFECTIVE DATE

OF JULY 1, 2011:

Oklahoma Register (Volume 28, Number 19) 1204 June 15, 2011
Permanent Final Adoptions

APPENDIX A. ALLOWABLE PARTICULATE MATTER EMISSION RATE FOR INCINERATORS

[REVOKED]

APPENDIX A. ALLOWABLE PARTICULATE MATTER EMISSION RATE FOR INCINERATORS [NEW]

[OAR Docket #11-700; filed 5-18-11]

June 15, 2011 1205 Oklahoma Register (Volume 28, Number 19)
1 

TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY 

CHAPTER 100. AIR POLLUTION CONTROL 

SUBCHAPTER 31. CONTROL OF EMISSION OF SULFUR COMPOUNDS

PART 1. GENERAL PROVISIONS

252:100-31-1. Purpose

The purpose of this Subchapter subchapter is to control emissions of sulfur compounds from stationary sources in 

order to prevent the Oklahoma Air Quality Standard from being exceeded and insure that degradation of the present level of air 

quality in Oklahoma does not occur. 

252:100-31-2. Definitions

The following words or terms, when used in this Subchapter subchapter, shall have the following meaning, unless the 

context clearly indicates otherwise: 

"Alternative fuel" means fuel derived from any source other than petroleum, natural gas, or coal. Alternative fuel 

includes, but is not limited to, biogas, waste-derived fuel, recycled tires, tire-derived fuel, and wood-fuel as defined in OAC

252:100-19-1.

"Black liquor solids" means the dry weight of the solids, which that enter the recovery furnace in the black liquor. 

"Digester system" means each continuous digester or each batch digester used for the cooking of wood in white 

liquor, and associated flash tank(s), below blow tank(s), chip steamer(s), and condenser(s). 

"Existing facility," "existing source," or "existing equipment" means any facility, source, or equipment that emits 

sulfur compounds and which is in being prior to July 1, 1972, except that for facilities, sources, or equipment subject to:

(A) OAC 252:100-31-7(b) and/or OAC 252:100-31-26(a)(1), the date is prior to December 31, 1974, 

and

(B) OAC 252:100-31-13, the date is on or before August 17 1971.

“Fossil fuel-fired steam generator” means a furnace or boiler used in the process of burning fossil fuel for the 

primary purpose of producing steam by heat transfer.

"Lime kiln" means a unit used to calcine lime mud, which consists primarily of calcium carbonate, into quicklime, 

which is calcium oxide. 

"Multiple-effect evaporator system" means the multiple-effect evaporators and associated condenser(s) and 

hotwell(s) used to concentrate the spent cooking liquid that is separated from the pulp (black liquor). 

"New facility," "new installation," "new source," or "new equipment" means any facility, installation, source, or 

equipment that emits sulfur compounds and which is not in being on, or which is modified after, July 1, 1972, except that for :

(A) facilities, installations, sources, or equipment subject to OAC 252:100-31-7(b) and/or OAC 

252:100-31-26(a)(1) the date is December 31, 1974;

(B) petroleum refining facilities, sources, or equipment subject to OAC 252:100-31-26 (a)(2), the date is 

December 31, 1974; and

(C) facilities, sources or equipment subject to OAC 252:100-31-13, the date is August 17, 1971.

"Kraft pulp mill" means any pulp mill process facility that produces pulp from wood by cooking (digesting) wood 

chips in a water solution of sodium hydroxide and sodium sulfide (white liquor) at high temperature and pressure. Regeneration 

of the cooking chemicals through a recovery process is also considered part of the kraft pulp mill.
2 

"Petroleum and natural gas process equipment" means processes the process equipment used in the processing of 

to convert crude petroleum and/or natural gas into refined products including. Petroleum and natural gas process equipment 

includes, but is not limited to, distillation columns, treating columns, catalytic cracking units, catalytic reforming units, sulfur 

removal equipment, petroleum coke units, flares, heat exchangers, reboilers, jet ejectors, compressors, recompressors, and any 

other auxiliary equipment pertinent to the process. 

"Petroleum and natural gas process facility" means a facility that is engaged in converting crude petroleum and/or 

natural gas into refined products. Petroleum and natural gas process facilities include petroleum refineries and natural gas

processing plants (as defined in 40 CFR §60.631), but do not include petroleum and natural gas production, gathering, and 

transportation facilities.

"Pulp mill" means the process equipment used in production of pulp from wood chips or bolts which may include but 

are not limited to, debarker, chipper, digester, blow tank, washers, condensers, evaporators, recovery furnace, lime kiln, 

smelt-dissolving tank, mixers, heat exchangers, gas scrubbers, and other auxiliaries pertinent to the process.

"Recovery furnace" means either a straight kraft recovery kraft-recovery furnace or a cross recovery cross-recovery 

furnace, and includes the direct-contact evaporator for a direct contact direct-contact furnace. 

"Smelt dissolving Smelt-dissolving tank" means a vessel used for dissolving the smelt collected from the recovery 

furnace. 

"Sulfur recovery plant unit" means a process device that recovers elemental sulfur from acid gas. 

"Sweetening plant unit" means a process natural gas processing device that separates the removes hydrogen sulfide 

H2S and carbon dioxide CO2 contents from the gas stream. 

"Three-hour average" or "3-hour average" means the arithmetic average of sampling results or continuous emission 

monitoring data from three contiguous one-hour periods.

"Total reduced sulfur" or "TRS" is means the sum of the compounds hydrogen sulfide, methyl mercaptan, dimethyl 

sulfide, and dimethyl disulfide. 

252:100-31-4. Excess emission reporting and alternative reporting schedule

Any excess emission resulting from a violation of any emission limit contained in this subchapter shall be reported in 

accordance with the requirements of OAC 252:100-9. In the event that the excess emission is also a violation of an applicable 

40 CFR Part 60 emission limit, the owner or operator may report the excess emission as part of an alternative reporting schedule 

applied for or obtained under OAC 252:100-9-7(d), if the following requirements are met.

(1) The excess emission occurs at the same emission unit at the same time.

(2) The emission limit is for the same regulated air pollutant, and has the same averaging time and units of measure as 

the applicable 40 CFR Part 60 emission limit.

PART 2. AMBIENT AIR CONCENTRATION LIMITS OR IMPACTS FOR NEW AND EXISTING EQUIPMENT, SOURCES, 

OR FACILITIES

252:100-31-7. Ambient air concentration limits or impactsAllowable hydrogen sulfide (H2S) ambient air 

concentrations for new and existing sources

(a) [Reserved]Sulfur oxides. Emissions of sulfur dioxide from any existing facility or any new petroleum and 

natural gas process facility with equipment subject to OAC 252:100-31-26(a)(1) shall not impact existing ambient air 

concentrations of sulfur dioxide by more than:

(1) 1300 μg/m3

(0.50 ppm) in a five (5) minute period of any hour;

(2) 1200 μg/m3

(0.46 ppm), one-hour average;
3 

(3) 650 μg/m3(0.25 ppm), 3-hour average;

(4) 130 μg/m3

(0.05 ppm), 24-hour average; or,

(5) 80 μg/m3(0.03 ppm), annual arithmetic mean.

(b) Hydrogen sulfide. Emissions of hydrogen sulfide H2S from any new or existing source facility shall not result in a 

24-hour average cause an ambient air concentration of hydrogen sulfide at any given point of H2S greater than 0.2 ppm or 

greaterat standard conditions, 24-hour average. 

(c) Exceptions. The standards set in subsections (a) and (b) of this Section section shall not apply to ambient air 

concentrations or impacts occurring on the property from which such emission occurs, providing such property, from the 

emission point to the point of any such concentration, is controlled by the person responsible for such emission. 

(d) Compliance assurance. Upon approval of the Director, facility operators may use appropriate material balances, 

performance test data, and/or emission factors to determine stack emissions combined, when necessary, with the appropriate 

EPA approved EPA-approved atmospheric dispersion models to determine ambient air concentration or impact in lieu of 

ambient air monitoring as proof of compliance with limits the limit set in OAC 252:100-31-7(a) and (b) this section. 

PART 3. EXISTING EQUIPMENT STANDARDS

252:100-31-13. Requirements for existing Sulfuric sulfuric acid plants

Any sulfuric acid plant that was in being on or before August 17, 1971 shall comply with the following requirements.

(a) (1) Sulfuric acid mist. standard. After January 10, 1979, emissions Emissions of sulfuric acid mist from any 

existing sulfuric acid plant shall not exceed 0.5 lb/T pounds per ton of acid produced (250 g/MTgrams per metric ton). The 

acid production shall be expressed as 100% sulfuric acid (H2SO4). 

(b) (2) Continuous emission Emission monitoring. Continuous monitoring of sulfur dioxide is required for 

existing The owner or operator shall install, calibrate, maintain, and operate a continuous SO2 emissions monitoring system for 

any sulfuric acid plants where the plant with a production capacity is greater than 300 tons per day TPD expressed as 100% acid, 

except where the conversion of sulfuric acid is utilized to prevent emissions of sulfur dioxide or other sulfur compounds. 

(c) (3) Installation, calibration, and maintenance, and operation of emission monitoring systems. Required 

emission monitoring systems shall be installed, calibrated, maintained, and operated in accordance with 40 CFR Part 60, 

Appendix B, and 40 CFR Part 51, Appendix P. Appendix P is hereby incorporated by reference.

252:100-31-15. Requirements for existing Kraft kraft pulp mills

After May 8, 1989, all existing any kraft pulp mills mill that was in being on or before July 1, 1972 shall comply with 

meet the following requirements standards. 

(1) TRS. Emissions of TRS emissions from any recovery furnace shall not exceed:

(A) 40 ppm TRS, measured a hydrogen sulfide as H2S on a dry basis and on a 12-hour average, converted 

to eight percent (8%) by volume oxygen. from any recovery furnace;

(2) (B) TRS emissions from any lime kiln shall not exceed 40 ppm TRS measured as hydrogen 

sulfide H2S on a dry basis and on a 12-hour average, corrected to ten percent (10%) by volume oxygen. from any lime kiln; and,

(3) (C) TRS emissions from any smelt-dissolving tank shall not exceed 0.033 lb pounds TRS per 

ton/T black liquor solids as hydrogen sulfide (0.016 g TRS/kg) of black liquor solids, measured as H2S on hydrogen sulfide) for a 

12-hour average from any smelt dissolving tank. 

(4)(2) Non-condensable gases. Non-condensable gases from all evaporators and digester systems shall be 

efficiently incinerated or otherwise treated to limit emissions of TRS measured as hydrogen sulfide to less than five (5) ppmv, 

measured as H2S at standard conditions ppm by volume on a dry basis. 
4 

252:100-31-16. Requirements for existing fossil Fossil fuel-fired steam generators

Any fossil fuel-fired steam generator unit that was in being on or before July 1, 1972 shall comply with the following 

requirements.

(a) (1) Continuous emission Emission monitoring. Continuous monitoring of sulfur dioxide The owner or 

operator shall install, calibrate, maintain, and operate a continuous SO2 emissions monitoring system for any is required for 

existing fossil fuel-fired steam generator that generators where the source utilizes an air pollution abatement operation to 

reduce the sulfur dioxide emissions of sulfur oxides. Continuous monitoring of oxygen or carbon dioxide is required where if it 

is necessary to convert sulfur dioxide SO2monitoring results. 

(b) (2) Installation, calibration, and maintenance, and operation of emission monitoring systems. Required 

emission monitoring systems shall be installed, calibrated, maintained, and operated in accordance with 40 CFR Part 60, 

Appendix B, and 40 CFR Part 51, Appendix P. 

PART 5. NEW EQUIPMENT STANDARDS

252:100-31-25. Requirements for new Fuel-burning fuel-burning equipment

Any fuel-burning equipment that was not in being on or before July 1, 1972 or that is modified after July 1, 1972 shall 

comply with the following requirements.

(a)(1) Emission limits. Emissions of SO2 attributable to the burning of fuel by fuel-burning equipment shall 

meet the following limits.

(1) (A) Gas-fired fuel-burning equipment Gaseousfuel. Emissions of SO2Sulfur oxide emissions (measured as sulfur 

dioxide) from combustion of natural gas or other gaseous fuel in any new gas-fired fuel-burning equipment shall not 

exceed 0.2 lb/MMBtuMMBTU heat input (86 ng/J). 

(2) (B) Liquid-fired fuel-burning equipment Liquid fuel. Emissions of SO2 Sulfur oxide emissions (measured as 

sulfur dioxide) from combustion of liquid fuel in any new liquid-fired fuel-burning equipment shall not exceed 0.8 

lb/MMBtuMMBTU heat input (340 ng/J). 

(3) (C) Solid fuel-burning equipment fuel. Emissions of SO2 Sulfur oxide emissions (measured as sulfur dioxide) 

from combustion of any new solid fuel in fuel-burning equipment shall not exceed 1.2 lb/MMBtuMMBTU heat input (520 

ng/J). 

(4) (D) Combination of fuels burned. When different types of fuels are burned simultaneously in any 

combination, emissions of SO2 shall not exceed the applicable standard (in lb/MMBtu) shall be limit determined by 

proration unless a secondary fuel is used in de minimis quantities (less than five percent (5%) of total Btu BTU heat input 

annually). Compliance The applicable limit, in lb/MMBTU heat input, shall be determined using the following formula,

where X is the percent of total heat input derived from gas gaseous fuel, Y is the percent of total heat input derived from 

liquid fuel, and Z is the percent of total heat input derived from solid fuel:.

SO2 limit = [X(0.2) + Y(0.8) + Z(1.2)]/(X + Y + Z)

SO2 limit = (0.2X + 0.8Y + 1.2Z)/(X + Y + Z).

(b) (2) Averaging time. The averaging time for the emission limits set in OAC 252:100-31-25(1)(a) is three (3)

hours unless a solid fuel sampling and analysis method is used to determine emission compliance. In that case the averaging 

time is 24 hours. 

(c) (3) Emission monitoring, fuel monitoring, and recordkeeping Additional requirements for sources with heat 

input of 250 MMBtuMMBTU/hr or more. The requirements contained in this subsection apply to any new Any 
5 

fuel-burning equipment with a rated design heat input values of 250 MMBtu MMBTU/hr or greater more shall comply with the 

following requirements. 

(1)(A) Emission monitoring. The instruments in OAC 252:100-31-25(c)(1)(A) and (B)(i) shall be installed, 

calibrated, maintained, and operated in any new fuel-burning equipment with a rated heat input of 250 MMBtu/hr or 

greater. These instruments shall be calibrated following performance specifications 2 and 3 of 40 CFR Part 60, Appendix 

B.

(A)(i) Opacity. A photoelectric or other type smoke detector and recorder shall be used to monitor 

opacity, except where gaseous fuel is the only fuel burned. 

(B)(ii) Sulfur dioxide.

(i) An instrument for continuously monitoring and recording sulfur dioxide The owner or 

operator shall install, calibrate, maintain, and operate a continuous SO2 emissions monitoring system shall be used, 

except where:

(I) gaseous fuel containing less than 0.1% by weight sulfur (0.29 gr/scf or approximately 500 ppmv at 

standard conditions on a dry basis) is the only fuel burned; or 

(II) (ii) A a solid or liquid fuel sampling and analysis method may be is used to determine SO2 emission 

compliance. 

(iii) Installation, calibration, maintenance, and operation of emission monitoring systems. 

Required emission monitoring systems shall be installed, calibrated, maintained, and operated in accordance with 40 

CFR Part 60, Appendix B, and 40 CFR Part 51, Appendix P.

(2) (B) Fuel monitoring. The sulfur content of solid or liquid fuels as burned shall be determined in 

accordance with previous methods as previously approved by the Director or in accordance with Method 19 of 40 CFR Part 

60, Appendix A. 

(3) (C) Recordkeeping. The owner or operator of any fuel-burning equipment with a rated heat input of 

250 MMBtu/hr or greater shall maintain a file records of all measurements required in paragraphs (1) (A) and (2) (B) of this 

subsection in accordance with the applicable requirements of OAC 252:100-43-7, including compliance status records and 

excess emissions measurements. These records and measurements shall be retained for at least two (2) years following 

the date of such measurements, and made available for inspection by the Division or its representatives during normal 

business hours.

(4) Alternative fuel. The requirements of this section apply to any fuel-burning equipment that uses an 

alternative fuel, unless another limit representing BACT or equivalent is specified in the source’s permit. Use of an alternative 

fuel in fuel-burning equipment is allowed, provided its use is authorized under an enforceable permit. Use of an alternative 

fuel in fuel-burning equipment is subject to any applicable restrictions or prohibitions that may exist in other provisions of state 

or federal statutes or rules, e.g., OAC 252:100-8-32.1, 252:100-31-7, 252:100-42, and/or 40 CFR Parts 60, 61, and/or 63.

252:100-31-26. Requirements for new Petroleum petroleum and natural gas processes

Any petroleum and natural gas process that was not in being on or before December 31, 1974 or that is modified after 

December 31, 1974 shall comply with the following requirements.

 (a) Standards.

(1) Hydrogen sulfide standards and alarm systems. 

(A) Hydrogen sulfide H2S contained in the waste gas stream from any new petroleum or natural gas process 

equipment shall be removed from the exhaust gas stream or it shall be oxidized to sulfur dioxide. Hydrogen sulfide emissions 

shall be reduced by 95% of the hydrogen sulfide in the exhaust gas. by removal or by being oxidized to SO2 prior to being 
6 

emitted to the ambient air. This requirement shall not apply if a facility’s emissions of H2S do not exceed 0.3 lb/hr, two-hour 

average.

(B) The owner or operator shall install, maintain, and operate an alarm system that will signal a malfunction for all 

thermal devices used to control H2S emissions from petroleum and natural gas processing facilities regulated under this 

subparagraph.

(2) Sulfur dioxide standards.Oxides of sulfur. The following requirements apply to any gas sweetening 

unit or petroleum refinery process equipment with a sulfur content of greater than 0.54 LT/D in the acid gas stream. 

Alternatively, any gas sweetening unit or petroleum refinery process equipment with an emission rate of 100 lb/hr or less 

of SOX expressed as SO2, two-hour average, shall be considered to be below this threshold.

(A) Natural gas processing sweetening units. Sulfur oxide emissions, calculated as sulfur 

dioxide, The sulfur content of any acid gas stream from any new gas sweetening plant unit shall be reduced by use of a 

sulfur recovery plant unit prior to release of the exhaust gas to the atmosphere ambient air. The sulfur recovery 

plant units shall have the sulfur reduction recovery efficiencies required in subparagraphs (C) through (F) of OAC 

252:100-31-26(a)(2) this subparagraph. 

(B) Petroleum refinery processing. Sulfur recovery plants units operating in conjunction with 

any refinery process shall have the sulfur reduction recovery efficiencies required in paragraphs (C) through (F) of 

OAC 252:100-31-26(a)(2) this subparagraph. 

(C) Greater Sulfur content greater than 0.54 LT/D but less than or equal to 5.0 LT/D. When 

the sulfur content of the acid gas stream from a new gas sweetening unit or refinery process is greater than 0.54 LT/D 

but less than or equal to 5.0 LT/D, the sulfur dioxide emission reduction recovery efficiency of the sulfur recovery 

plant unit shall be at least 75.0%. 

(D) Greater Sulfur content greater than 5.0 LT/D but less than or equal to 150.0 LT/D. 

When the sulfur content of the acid gas stream from a new gas sweetening unit or refinery process is greater than 5.0 

LT/D but less than or equal to 150.0 LT/D, the required sulfur dioxide emission reduction recovery efficiency of the 

sulfur recovery plant unit shall be calculated using the following formula, where Z is the minimum emission reduction 

sulfur recovery efficiency required at all times and X is the sulfur feed rate, expressed in LT/D of sulfur and rounded to 

one decimal place: Z = 92.34 (X

0.00774).

(E) Greater Sulfur content greater than 150.0 LT/D but less than or equal to 1500.0 LT/D. 

When the sulfur content of the acid gas stream from a new gas sweetening unit or refinery process is greater than 

150.0 LT/D but less than or equal to 1500.0 LT/D, the required sulfur dioxide emission reduction recovery efficiency 

of the sulfur recovery plant unit shall be calculated using the following formula, where Z is the minimum emission 

reduction sulfur recovery efficiency required at all times and X is the sulfur feed rate, expressed in LT/D of sulfur and 

rounded to one decimal place: Z = 88.78 (X

0.0156).

(F) Greater Sulfur content greater than 1500.0 LT/D. When the sulfur content of the acid gas 

stream from a new gas sweetening unit or refinery process is greater than 1500.0 LT/D, a minimum sulfur dioxide 

reduction the recovery efficiency of the sulfur recovery unit shall be at least 99.5% shall be met. 

(b) Exceptions.

(1) Hydrogen sulfide. The requirements of OAC 252:100-31-26(a)(1) shall not apply if hydrogen sulfide 

emissions do not exceed 0.3 lb/hr, two-hour average.

(2) Sulfur dioxide. The requirements of OAC 252:100-31-26(a)(2) shall not apply to any new petroleum or 

natural gas process which would emit 100 lb/hr or less of sulfur oxides expressed as sulfur dioxide, two-hour average. The 

requirements of paragraph (2) of subsection (a) of this Section can be met alternatively by establishing that the sulfur content of 

the acid gas stream from any gas sweetening plant or refinery process is 0.54 LT/D or less.
7 

(c) Emission monitoring for hydrogen sulfide. All new thermal devices for petroleum and natural gas 

processing facilities regulated under OAC 252:100-31-26(a)(1) shall have installed, calibrated, maintained, and operated an 

alarm system that will signal noncombustion of the gas. 

252:100-31-27. Pulp mills [REVOKED]

(a) Emission limit. The emission of sulfur oxides, calculated as sulfur dioxide, from the blow pits, washer 

vents, storage tanks, digester relief, and recovery furnace of any new pulp mill shall not exceed 18 lb/T (air dried) of pulp

produced, two-hour average.

(b) Emission monitoring. All new pulp mills shall install, calibrate, maintain and operate instruments for 

continuously monitoring and recording emissions of sulfur dioxide from the recovery system gas-cleaning equipment and other 

locations as required by the Director. The instruments installed and used pursuant to this Section shall have a confidence 

level of at least 95% and be accurate within ±20% and shall be calibrated following performance specifications 2 and 3 of 40 

CFR Part 60, Appendix B, and following the quality assurance procedures in 40 CFR Part 60, Appendix F.

(c) Recordkeeping. The owner or operator of any new pulp mill subject to provisions of this Section shall 

maintain files of all measurements required, including compliance status records and excess emissions measurements. These 

records and measurements shall be retained for at least two years following the date of such measurements and made available 

for inspection by the Division during normal business hours.


12Jan_SC31_RUL.doc 1 December 13, 2011 

TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY 

CHAPTER 100. AIR POLLUTION CONTROL 

SUBCHAPTER 31. CONTROL OF EMISSION OF SULFUR COMPOUNDS

PART 1. GENERAL PROVISIONS

252:100-31-1. Purpose

 The purpose of this Subchapter subchapter is to control emissions of sulfur compounds 

from stationary sources in order to prevent the Oklahoma Air Quality Standard from being 

exceeded and insure that degradation of the present level of air quality in Oklahoma does not 

occur. 

252:100-31-2. Definitions

 The following words or terms, when used in this Subchapter subchapter, shall have the 

following meaning, unless the context clearly indicates otherwise: 

"Alternative fuel" means fuel derived from any source other than petroleum, natural 

gas, or coal. Alternative fuel includes, but is not limited to, biogas, waste-derived fuel, recycled 

tires, tire-derived fuel, and wood-fuel as defined in OAC 252:100-19-1. 

"Black liquor solids" means the dry weight of the solids, which that enter the recovery 

furnace in the black liquor. 

"Digester system" means each continuous digester or each batch digester used for the 

cooking of wood in white liquor, and associated flash tank(s), below tank(s), chip steamer(s), and 

condenser(s). 

"Existing facility," "existing source," or "existing equipment" means any facility, 

source, or equipment that emits sulfur compounds and which is in being prior to July 1, 1972, 

except that for facilities, sources, or equipment subject to: 

 (A) OAC 252:100-31-7(b) and/or OAC 252:100-31-26(a)(1), the date is prior to 

December 31, 1974, and 

 (B) OAC 252:100-31-13, the date is on or before August 17 1971. 

“Fossil fuel-fired steam generator” means a furnace or boiler used in the process of 

burning fossil fuel for the primary purpose of producing steam by heat transfer. 

"Lime kiln" means a unit used to calcine lime mud, which consists primarily of calcium 

carbonate, into quicklime, which is calcium oxide. 

"Multiple-effect evaporator system" means the multiple-effect evaporators and 

associated condenser(s) and hotwell(s) used to concentrate the spent cooking liquid that is 

separated from the pulp (black liquor). 

"New facility," "new installation," "new source," or "new equipment" means any 

facility, installation, source, or equipment that emits sulfur compounds and which is not in being 

on, or which is modified after, July 1, 1972, except that for : 

 (A) facilities, installations, sources, or equipment subject to OAC 252:100-31-

7(b) and/or OAC 252:100-31-26(a)(1) the date is December 31, 1974; 

 (B) petroleum refining facilities, sources, or equipment subject to OAC 252:100-

31-26 (a)(2), the date is December 31, 1974; and 

 (C) facilities, sources or equipment subject to OAC 252:100-31-13, the date is 

August 17, 1971. 
12Jan_SC31_RUL.doc 2 December 13, 2011 

"Kraft pulp mill" means any pulp mill process facility that produces pulp from wood by 

cooking (digesting) wood chips in a water solution of sodium hydroxide and sodium sulfide 

(white liquor) at high temperature and pressure. Regeneration of the cooking chemicals through a 

recovery process is also considered part of the kraft pulp mill. 

"Petroleum and natural gas process equipment" means processes the process 

equipment used in the processing of to convert crude petroleum and/or natural gas into refined 

products including. Petroleum and natural gas process equipment includes, but is not limited to, 

distillation columns, treating columns, catalytic cracking units, catalytic reforming units, sulfur 

removal equipment, petroleum coke units, flares, heat exchangers, reboilers, jet ejectors, 

compressors, recompressors, and any other auxiliary equipment pertinent to the process. 

"Petroleum and natural gas process facility" means a facility that is engaged in 

converting crude petroleum and/or natural gas into refined products. Petroleum and natural gas 

process facilities include petroleum refineries and natural gas processing plants, but do not 

include petroleum and natural gas production and transportation facilities. 

"Pulp mill" means the process equipment used in production of pulp from wood chips or 

bolts which may include but are not limited to, debarker, chipper, digester, blow tank, washers, 

condensers, evaporators, recovery furnace, lime kiln, smelt-dissolving tank, mixers, heat 

exchangers, gas scrubbers, and other auxiliaries pertinent to the process. 

"Recovery furnace" means either a straight kraft recovery kraft-recovery furnace or a 

cross recovery cross-recovery furnace, and includes the direct-contact evaporator for a direct 

contact direct-contact furnace. 

"Smelt dissolvingSmelt-dissolving tank" means a vessel used for dissolving the smelt 

collected from the recovery furnace. 

"Sulfur recovery plant unit" means a process device that recovers elemental sulfur 

from acid gas. 

"Sweetening plant unit" means a process natural gas processing device that separates 

the removes hydrogen sulfide H2S and carbon dioxideCO2 contents from the gas stream. 

"Three-hour average" or "3-hour average" means the arithmetic average of sampling 

results or continuous emission monitoring data from three contiguous one-hour periods. 

"Total reduced sulfur" or "TRS" is means the sum of the compounds hydrogen 

sulfide, methyl mercaptan, dimethyl sulfide, and dimethyl disulfide. 

252:100-31-4. Excess emission reporting and alternative reporting schedule 

 Any excess emission resulting from a violation of any emission limit contained in this 

subchapter shall be reported in accordance with the requirements of OAC 252:100-9. In the 

event that the excess emission is also a violation of an applicable 40 CFR Part 60 emission limit, 

the owner or operator may report the excess emission as part of an alternative reporting schedule 

applied for or obtained under OAC 252:100-9-7(d), if the following requirements are met.

 (1) The excess emission occurs at the same emission unit at the same time. 

 (2) The emission limit is for the same regulated air pollutant, and has the same averaging 

time and units of measure as the applicable 40 CFR Part 60 emission limit. 

PART 2. AMBIENT AIR CONCENTRATION LIMITS OR IMPACTS FOR NEW AND 

EXISTING EQUIPMENT, SOURCES, OR FACILITIES
12Jan_SC31_RUL.doc 3 December 13, 2011 

252:100-31-7. Ambient air concentration limits or impactsAllowable hydrogen sulfide (H2S) 

ambient air concentrations for new and existing sources

(a) [Reserved]Sulfur oxides. Emissions of sulfur dioxide from any existing facility or any 

new petroleum and natural gas process facility with equipment subject to OAC 252:100-31-

26(a)(1) shall not impact existing ambient air concentrations of sulfur dioxide by more than: 

(1) 1300 μg/m3(0.50 ppm) in a five (5) minute period of any hour; 

(2) 1200 μg/m3(0.46 ppm), one-hour average; 

(3) 650 μg/m3(0.25 ppm), 3-hour average; 

(4) 130 μg/m3(0.05 ppm), 24-hour average; or, 

(5) 80 μg/m3(0.03 ppm), annual arithmetic mean. 

(b) Hydrogen sulfide. Emissions of hydrogen sulfide H2S from any new or existing source 

facility shall not result in a 24-hour average cause an ambient air concentration of hydrogen 

sulfide at any given point of H2S greater than 0.2 ppm or greaterat standard conditions, 24-hour 

average. 

(c) Exceptions. The standards set in subsections (a) and (b) of this Section section shall not 

apply to ambient air concentrations or impacts occurring on the property from which such 

emission occurs, providing such property, from the emission point to the point of any such 

concentration, is controlled by the person responsible for such emission. 

(d) Compliance assurance. Upon approval of the Director, facility operators may use 

appropriate material balances, performance test data, and/or emission factors to determine stack 

emissions combined, when necessary, with the appropriate EPA approved EPA-approved 

atmospheric dispersion models to determine ambient air concentration or impact in lieu of 

ambient air monitoring as proof of compliance with limits the limit set in OAC 252:100-31-7(a) 

and (b) this section. 

PART 3. EXISTING EQUIPMENT STANDARDS

252:100-31-13. Requirements for existing Sulfuric sulfuric acid plants

 Any sulfuric acid plant that was in being on or before August 17, 1971 shall comply with 

the following requirements. 

(a) (1) Sulfuric acid mist. standard. After January 10, 1979, emissions Emissions of 

sulfuric acid mist from any existing sulfuric acid plant shall not exceed 0.5 lb/T pounds per ton 

of acid produced (250 g/MTgrams per metric ton). The acid production shall be expressed as 

100% sulfuric acid (H2SO4).

(b) (2) Continuous emission Emission monitoring. Continuous monitoring of sulfur 

dioxide is required for existing The owner or operator shall install, calibrate, maintain, and 

operate a continuous SO2 emissions monitoring system for any sulfuric acid plants where the 

plant with a production capacity is greater than 300 tons per day TPD expressed as 100% acid, 

except where the conversion of sulfuric acid is utilized to prevent emissions of sulfur dioxide or 

other sulfur compounds. 

(c) (3) Installation, calibration, and maintenance, and operation of emission 

monitoring systems. Required emission monitoring systems shall be installed, calibrated, 

maintained, and operated in accordance with 40 CFR Part 60, Appendix B, and 40 CFR Part 51, 

Appendix P. Appendix P is hereby incorporated by reference. 
12Jan_SC31_RUL.doc 4 December 13, 2011 

252:100-31-15. Requirements for existing Kraft kraft pulp mills

 Any After May 8, 1989, all existing kraft pulp mills mill that was in being on or before 

July 1, 1972 shall comply with meet the following requirementsstandards. 

 (1) TRS. Emissions of TRS emissions from any recovery furnace shall not exceed: 

 (A) 40 ppm TRS, measured a hydrogen sulfide as H2S on a dry basis and on a 12-

hour average, converted to eight percent (8%) by volume oxygen. from any recovery furnace; 

 (2) (B) TRS emissions from any lime kiln shall not exceed 40 ppm TRS 

measured as hydrogen sulfide H2S on a dry basis and on a 12-hour average, corrected to ten 

percent (10%) by volume oxygen. from any lime kiln; and, 

 (3) (C) TRS emissions from any smelt-dissolving tank shall not exceed 0.033 

lb pounds TRS per ton/T black liquor solids as hydrogen sulfide (0.016 g TRS/kg) of black 

liquor solids, measured as H2S on hydrogen sulfide) for a 12-hour average from any smelt 

dissolving tank. 

 (4)(2) Non-condensable gases. Non-condensable gases from all evaporators and 

digester systems shall be efficiently incinerated or otherwise treated to limit emissions of TRS 

measured as hydrogen sulfide to less than five (5) ppmv, measured as H2S at standard conditions 

ppm by volume on a dry basis. 

252:100-31-16. Requirements for existing fossil Fossil fuel-fired steam generators

 Any fossil fuel-fired steam generator unit that was in being on or before July 1, 1972 

shall comply with the following requirements. 

(a) (1) Continuous emission Emission monitoring. Continuous monitoring of sulfur 

dioxide The owner or operator shall install, calibrate, maintain, and operate a continuous SO2

emissions monitoring system for any is required for existing fossil fuel-fired steam generator that 

generators where the source utilizes an air pollution abatement operation to reduce the sulfur 

dioxide emissions of sulfur oxides. Continuous monitoring of oxygen or carbon dioxide is 

required where if it is necessary to convert sulfur dioxide SO2 monitoring results. 

(b) (2) Installation, calibration, and maintenance, and operation of emission 

monitoring systems. Required emission monitoring systems shall be installed, calibrated, 

maintained, and operated in accordance with 40 CFR Part 60, Appendix B, and 40 CFR Part 51, 

Appendix P. 

PART 5. NEW EQUIPMENT STANDARDS

252:100-31-25. Requirements for new Fuel-burning fuel-burning equipment

 Any fuel-burning equipment that was not in being on or before July 1, 1972 or that is 

modified after July 1, 1972 shall comply with the following requirements. 

(a)(1) Emission limits. Emissions of SO2 attributable to the burning of fuel by fuelburning equipment shall meet the following limits. 

(1)(A) Gas-fired fuel-burning equipmentGaseous fuel. Emissions of SO2Sulfur oxide 

emissions (measured as sulfur dioxide) from any new gas-fired fuel-burning equipment using 

natural gas or other gaseous fuel shall not exceed 0.2 lb/MMBtuMMBTU heat input (86 ng/J). 

(2) (B) Liquid-fired fuel-burning equipmentLiquid fuel. Emissions of SO2 Sulfur oxide 

emissions (measured as sulfur dioxide) from any new liquid-fired fuel-burning equipment 

using liquid fuel shall not exceed 0.8 lb/MMBtuMMBTU heat input (340 ng/J). 
12Jan_SC31_RUL.doc 5 December 13, 2011 

(3) (C) Solid fuel-burning equipment fuel. Emissions of SO2 Sulfur oxide emissions 

(measured as sulfur dioxide) from any new equipment using solid fuel fuel-burning 

equipment shall not exceed 1.2 lb/MMBtuMMBTU heat input (520 ng/J). 

(4) (D) Combination of fuels burned. When different types of fuels are burned 

simultaneously in any combination, emissions of SO2 shall not exceed the applicable 

standard (in lb/MMBtu) shall be limit determined by proration unless a secondary fuel is 

used in de minimis quantities (less than five percent (5%) of total Btu BTU heat input 

annually). Compliance The applicable limit, in lb/MMBTU heat input, shall be determined 

using the following formula, where X is the percent of total heat input derived from 

gasgaseous fuel, Y is the percent of total heat input derived from liquid fuel, and Z is the 

percent of total heat input derived from solid fuel:. 

SO2 limit = [X(0.2) + Y(0.8) + Z(1.2)]/(X + Y + Z) 

SO2 limit = (0.2X + 0.8Y + 1.2Z)/(X + Y + Z). 

(b) (2) Averaging time. The averaging time for the emission limits set in OAC 252:100-31-

25(1)(a) is three (3) hours unless a solid fuel sampling and analysis method is used to determine 

emission compliance. In that case the averaging time is 24 hours. 

(c) (3) Emission monitoring, fuel monitoring, and recordkeeping Additional 

requirements for sources with heat input of 250 MMBtuMMBTU/hr or more. The 

requirements contained in this subsection apply to any new Any fuel-burning equipment with a 

rated design heat input values of 250 MMBtu MMBTU/hr or greatermore shall comply with the 

following requirements. 

(1)(A) Emission monitoring. The instruments in OAC 252:100-31-25(c)(1)(A) 

and (B)(i) shall be installed, calibrated, maintained, and operated in any new fuel-burning 

equipment with a rated heat input of 250 MMBtu/hr or greater. These instruments shall be 

calibrated following performance specifications 2 and 3 of 40 CFR Part 60, Appendix B. 

 (A)(i) Opacity. A photoelectric or other type smoke detector and recorder shall 

be used to monitor opacity, except where gaseous fuel is the only fuel burned. 

 (B)(ii) Sulfur dioxide.

 (i) An instrument for continuously monitoring and recording sulfur 

dioxide The owner or operator shall install, calibrate, maintain, and operate a continuous 

SO2 emissions monitoring systemshall be used, except where: 

 (I) gaseous fuel containing less than 0.1% by weight sulfur (0.29 gr/scf or 

approximately 500 ppmv at standard conditions on a dry basis) is the only fuel burned; or 

 (II) Aa solid or liquid fuel sampling and analysis method may be is used to 

determine SO2 emission compliance. 

 (iii) Installation, calibration, maintenance, and operation of emission 

monitoring systems. Required emission monitoring systems shall be installed, 

calibrated, maintained, and operated in accordance with 40 CFR Part 60, Appendix B, 

and 40 CFR Part 51, Appendix P. 

(2) (B) Fuel monitoring. The sulfur content of solid or liquid fuels as burned shall 

be determined in accordance with previous methods as previously approved by the Director 

or in accordance with Method 19 of 40 CFR Part 60, Appendix A. 

(3) (C) Recordkeeping. The owner or operator of any fuel-burning equipment with 

a rated heat input of 250 MMBtu/hr or greater shall maintain a file records of all 

measurements required in paragraphs (1)(A) and (2)(B) of this subsection in accordance with 

the applicable requirements of OAC 252:100-43-7, including compliance status records and 
12Jan_SC31_RUL.doc 6 December 13, 2011 

excess emissions measurements. These records and measurements shall be retained for at 

least two (2) years following the date of such measurements, and made available for 

inspection by the Division or its representatives during normal business hours. 

(4) Alternative fuel. The requirements of this section apply to any fuel-burning 

equipment that uses an alternative fuel, unless another limit representing BACT or equivalent is 

specified in the source’s permit. Use of an alternative fuel in fuel-burning equipment is allowed, 

provided its use is authorized under an enforceable permit. Use of an alternative fuel in fuelburning equipment is subject to any applicable restrictions or prohibitions that may exist in other 

provisions of state or federal statutes or rules, e.g., OAC 252:100-8-32.1, 252:100-31-7, 

252:100-42, and/or 40 CFR Parts 60, 61, and/or 63. 

252:100-31-26. Requirements for new Petroleum petroleum and natural gas processes

 Any petroleum and natural gas process that was not in being on or before December 31, 

1974 or that is modified after December 31, 1974 shall comply with the following requirements. 

(a) Standards.

(1) Hydrogen sulfide standards and alarm systems. 

(A) Hydrogen sulfide H2S contained in the waste gas stream from any new petroleum or 

natural gas process equipment shall be removed from the exhaust gas stream or it shall be 

oxidized to sulfur dioxide. Hydrogen sulfide emissions shall be reduced by 95% of the hydrogen 

sulfide in the exhaust gas.by removal or by being oxidized to SO2 prior to being emitted to the 

ambient air. This requirement shall not apply if a facility’s emissions of H2S do not exceed 0.3 

lb/hr, two-hour average.

(B) The owner or operator shall install, calibrate, maintain, and operate an alarm system 

that will signal a malfunction for all thermal devices used to control H2S emissions from 

petroleum and natural gas processing facilities regulated under this subparagraph. 

(2) Sulfur dioxide standards.Oxides of sulfur. The following requirements apply 

to any gas sweetening unit or petroleum refinery process equipment with a sulfur content of 

greater than 0.54 LT/D in the acid gas stream. Alternatively, any gas sweetening unit or 

petroleum refinery process equipment with an emission rate of 100 lb/hr or less of SOX

expressed as SO2, two-hour average, shall be considered to be below this threshold. 

 (A) Natural gas processing sweetening units. Sulfur oxide emissions, 

calculated as sulfur dioxide, The sulfur content of any acid gas stream from any new gas 

sweetening plant unit shall be reduced by use of a sulfur recovery plant unit prior to 

release of the exhaust gas to the atmosphere ambient air. The sulfur recovery plant units 

shall have the sulfur reduction recovery efficiencies required in subparagraphs (C) 

through (F) of OAC 252:100-31-26(a)(2)this subparagraph. 

 (B) Petroleum refinery processing. Sulfur recovery plants units operating 

in conjunction with any refinery process shall have the sulfur reduction recovery 

efficiencies required in paragraphs (C) through (F) of OAC 252:100-31-26(a)(2)this 

subparagraph. 

 (C) Greater Sulfur content greater than 0.54 LT/D but less than or equal 

to 5.0 LT/D. When the sulfur content of the acid gas stream from a new gas sweetening 

unit or refinery process is greater than 0.54 LT/D but less than or equal to 5.0 LT/D, the 

sulfur dioxide emission reduction recovery efficiency of the sulfur recovery plant unit 

shall be at least 75.0%.
12Jan_SC31_RUL.doc 7 December 13, 2011 

 (D) Greater Sulfur content greater than 5.0 LT/D but less than or equal to 

150.0 LT/D. When the sulfur content of the acid gas stream from a new gas sweetening 

unit or refinery process is greater than 5.0 LT/D but less than or equal to 150.0 LT/D, the 

required sulfur dioxide emission reduction recovery efficiency of the sulfur recovery 

plant unit shall be calculated using the following formula, where Z is the minimum 

emission reduction sulfur recovery efficiency required at all times and X is the sulfur feed 

rate, expressed in LT/D of sulfur and rounded to one decimal place: Z = 92.34 (X0.00774).

 (E) Greater Sulfur content greater than 150.0 LT/D but less than or equal 

to 1500.0 LT/D. When the sulfur content of the acid gas stream from a new gas 

sweetening unit or refinery process is greater than 150.0 LT/D but less than or equal to 

1500.0 LT/D, the required sulfur dioxide emission reduction recovery efficiency of the 

sulfur recovery plant unit shall be calculated using the following formula, where Z is the 

minimum emission reduction sulfur recovery efficiency required at all times and X is the 

sulfur feed rate, expressed in LT/D of sulfur and rounded to one decimal place: Z = 

88.78 (X0.0156). 

 (F) Greater Sulfur content greater than 1500.0 LT/D. When the sulfur 

content of the acid gas stream from a new gas sweetening unit or refinery process is 

greater than 1500.0 LT/D, a minimum sulfur dioxide reduction the recovery efficiency of 

the sulfur recovery unit shall be at least 99.5% shall be met. 

(b) Exceptions.

(1) Hydrogen sulfide. The requirements of OAC 252:100-31-26(a)(1) shall not 

apply if hydrogen sulfide emissions do not exceed 0.3 lb/hr, two-hour average. 

(2) Sulfur dioxide. The requirements of OAC 252:100-31-26(a)(2) shall not apply to 

any new petroleum or natural gas process which would emit 100 lb/hr or less of sulfur oxides 

expressed as sulfur dioxide, two-hour average. The requirements of paragraph (2) of subsection 

(a) of this Section can be met alternatively by establishing that the sulfur content of the acid gas 

stream from any gas sweetening plant or refinery process is 0.54 LT/D or less. 

(c) Emission monitoring for hydrogen sulfide. All new thermal devices for 

petroleum and natural gas processing facilities regulated under OAC 252:100-31-26(a)(1) shall 

have installed, calibrated, maintained, and operated an alarm system that will signal 

noncombustion of the gas. 

252:100-31-27. Pulp mills [REVOKED]

(a) Emission limit. The emission of sulfur oxides, calculated as sulfur dioxide, from 

the blow pits, washer vents, storage tanks, digester relief, and recovery furnace of any new pulp 

mill shall not exceed 18 lb/T (air dried) of pulp produced, two-hour average. 

(b) Emission monitoring. All new pulp mills shall install, calibrate, maintain and 

operate instruments for continuously monitoring and recording emissions of sulfur dioxide from 

the recovery system gas-cleaning equipment and other locations as required by the Director. The 

instruments installed and used pursuant to this Section shall have a confidence level of at least 

95% and be accurate within ±20% and shall be calibrated following performance specifications 2 

and 3 of 40 CFR Part 60, Appendix B, and following the quality assurance procedures in 40 CFR 

Part 60, Appendix F. 

(c) Recordkeeping. The owner or operator of any new pulp mill subject to 

provisions of this Section shall maintain files of all measurements required, including 

compliance status records and excess emissions measurements. These records and 
12Jan_SC31_RUL.doc 8 December 13, 2011 

measurements shall be retained for at least two years following the date of such measurements 

and made available for inspection by the Division during normal business hours. 

























Jan12_SC31_CommResp.doc 1 1/12/2012 

Notice: This Summary of Comments and Staff Responses replaces previous versions for this 

proposed rule revision. The Summary of Comments and Staff Responses is subject to change 

based on additional consideration, evaluation of public comments, and new information 

received. 

SUMMARY OF COMMENTS AND STAFF RESPONSES 

FOR PROPOSED REVISION TO 

OAC 252:100-31. CONTROL OF EMISSION OF SULFUR COMPOUNDS 

COMMENTS RECEIVED PRIOR TO AND AT THE JULY 20, 2011 

AIR QUALITY ADVISORY COUNCIL MEETING 

Written Comments 

Buzzi Unicem USA - Email from Mr. Tom Rader on behalf of Lone Star Industries, dba Buzzi 

Unicem USA, Pryor, Oklahoma (Lone Star), received July 15, 2011: 

Regarding the proposed change to OAC 252:100-31-25: 

252:100-31-25. Requirements for new Fuel-burning fuel-burning equipment 

Any fuel-burning equipment that was not in being on or before July 1, 1972 or that is 

modified after July 1, 1972 shall comply with the following requirements. 

1. COMMENT: It is not clear as to what constitutes a modification. Modification should be 

qualified to mean a modification that causes an increase in SOx emissions. 

RESPONSE: The change, as proposed, is not intended to be a substantive change, 

because it essentially moved the applicability language from the definitions section (OAC 

252:100-31-2) to individual sections. The term “new equipment” as defined in 

Subchapter 31 has historically used the term “modification,” which is defined in the 

General Provisions of Subchapter 1. The change requested by Lone Star would be a 

substantive change from existing language. Staff does not feel that the requested change 

would be appropriate. 

Regarding the proposed change to 252:100-31-25(4): 

(4) Alternative fuel. An alternative fuel may be used in fuel-burning equipment, 

provided the following criteria are met. 

(A) The use of an alternative fuel does not cause: 

(i) the SOX emission limits in (a) of this section to be exceeded, or 

(ii) the ambient air concentration limit for H2S contained in OAC 252:100-31-7 to 

be exceeded. 

(B) The use of an alternative fuel does not create a condition for violation of any TAC 

MAAC listed in Appendix O to this chapter. (See OAC 252:100-42) 

(C) The use of an alternative fuel is not disallowed under any applicable 40 CFR Part 60, 

61, or 63 rule, or results in a violation of any applicable emission standard therein. 
Jan12_SC31_CommResp.doc 2 1/12/2012 

(D) The use of an alternative fuel does not create or contribute to a violation of any 

NAAQS or PSD increment. 

(E) The use of an alternative fuel is allowed under an enforceable permit. 

2. COMMENT: “The proposed changes are to OAC 252:100 Subchapter 31, Control of 

Emission of Sulfur Compounds. The proposed changes should be applicable to the 

subchapter. 

(4)(B) does not appear to be appropriate in subtitle 31 as it is related to Toxic Air 

Contaminants and should be addressed in OAC 252:100-42 

(4)(C) Should refer to ’applicable emission standard for sulfur compounds therein.’ 

(4)(D) Should refer to ’any NAAQS or PSD sulfur compound increment.’” 

RESPONSE: Staff concurs that it is appropriate to narrow the language of this new 

subsection to focus better on the subject of Subchapter 31, while assuring that it does not 

interfere with implementation of other applicable requirements. Staff has reworded the 

language for the subsequent proposal. 

International Paper - Email from Ms. Kathryn Crenwelge, EHS Manager of International Paper 

– Valliant Mill, received July 19, 2011: 

3. COMMENT: International Paper requested that AQD remove the Subchapter 31 

language for the pulp & paper industry or recognize that the industry is subject to other 

standards (i.e., NSPS and NESHAP requirements) which supersede or take the place of 

the Subchapter 31 standards. 

RESPONSE: OAC 252:100-31-15 contains requirements for existing kraft pulp mills, 

and 252:100-31-27 contains requirements for new pulp mill process equipment. Certain 

provisions of NSPS and NESHAPs that apply to the pulp and paper industry may include 

requirements that are more stringent or redundant to those of Subchapter 31. The 

requirements in OAC 252:100-31-15 were added to implement federal requirements for 

control of total reduced sulfur from existing kraft pulp mills (Section 111(d) Plans). 

EPA’s approval of this 111(d) plan is codified in 40 CFR Part 62, Subpart LL. Staff does 

not believe the change to Section 31-15 would be appropriate at this time. However, staff 

does concur that the substantial overlap of requirements between Section 31-27 and 

NSPS/NESHAPs applicable to “new” paper mills justifies revocation of this Section 31-

27. 

EPA Region 6 – Letter from Guy Donaldson, Chief, Air Planning Section, received July 14, 

2011: 

Regarding existing and proposed language in related subsections in OAC 252:100-31-13, 

252:100-31-16, 252:100-31-25, and 252:100-31-27: 

4. COMMENT: EPA suggested inserting “operation” into several taglines that currently 

read “Installation, calibration, and maintenance of emission monitoring systems,” in

order to be consistent with the language of the subject paragraph, as proposed for 

amendment. 
Jan12_SC31_CommResp.doc 3 1/12/2012 

RESPONSE: Staff has included the suggested change in the subsequent proposal.

Regarding the proposed change to OAC 252:100-31-7: 

5. COMMENT: EPA stated that the proposed changes would require that AQD 

demonstrate that dropping the existing ambient SO2 concentration limits in Section 31-

7(a) would not interfere with attainment of the NAAQS, “Reasonable Further Progress” 

or other applicable requirement of the Clean Air Act (CAA). AQD would be required to 

submit an analysis as provided for under Section 110(l) of the CAA at the time the rule 

revision is submitted for inclusion in Oklahoma’s SIP. 

RESPONSE: Staff is preparing a Section 110(l) analysis for submittal to EPA when the 

rule change is submitted for inclusion in Oklahoma’s SIP. 

Staff believes that the proposed change to OAC 252:100-31-7 would not result in any 

substantial loss of protection, considering the current NAAQS and other existing 

requirements. Staff believes that the Section 31-7 standards are outmoded in light of the 

new one-hour SO2 NAAQS of 0.075 ppm. By comparison, the existing Section 31-7 

allows a one-hour average of 0.46 ppm. Staff does not believe the existing numbers are 

protective, and does not have an adequate rationale or method for simply adjusting these 

numbers in a way that would allow permittees and permit writers to demonstrate 

compliance with the NAAQS and the purpose of the Subchapter using current modeling 

and monitoring protocols. 

With the change that became effective in August 2010, EPA substantially shifted the SO2

NAAQS emphasis to preventing high short-term exposure, by dropping both the existing 

annual standard of 30 ppm and the existing 24-hour standard of 140 ppm, while adding 

the one-hour maximum standard of 0.075 ppm. 

Staff believes it would be mathematically difficult to exceed any of the Section 31-7 

ambient standards without violating the NAAQS. While DEQ has expressed 

disagreement regarding EPA’s “hybrid” approach for demonstrating the State’s 

compliance with the SO2 NAAQS, the appropriate use of modeling in the permitting 

process can and will assure compliance with the SO2 standards. 

Oral Comments 

Citizen’s Action for Safe Energy - Mr. Tony Nuspl 

6. COMMENT: Mr. Nuspl requested changes to OAC 252:100-31-2 and 252:100-31-25. 

He requested that hazardous material be excluded from the proposed definition of 

“alternative fuel,” in particular waste-derived fuels with high chlorine content. In 

addition, Mr. Nuspl requested that the rule specify a minimum BTU content for the fuel 

being burned. Mr. Nuspl also requested that “independent monitoring by the DEQ” be 

conducted for facilities that burn hazardous material.

RESPONSE: Subchapter 31 provisions are not the controlling rules for the handling, 

use, and/or disposal of hazardous materials. Staff believes that the provisions for use of 
Jan12_SC31_CommResp.doc 4 1/12/2012 

alternative fuel in fuel-burning equipment proposed in OAC 252:100-31-25(4), as 

reworded, provide an appropriate level of protection within the purpose of Subchapter 31. 

Note: Mr. Nuspl primarily spoke regarding concerns over a particular Portland cement 

production plant and the effects of its permitted emissions on air quality in the Tulsa area. Mr. 

Nuspl indicated that he wished to submit written comments on the proposed Subchapter 31 rule 

and provided copies of a document to the Council. The document was a flyer that expressed 

concerns regarding the burning of hazardous waste at that cement kiln, and listed the facility’s 

“currently emitted” and “proposed emission” levels for various pollutants. [Staff notes that 

several of the emissions numbers cited in the flyer do not accurately represent the facility’s AQ 

permit limits.] In addition, the flyer expressed concern over DEQ’s public notification 

procedures and urged the public to contact members of the Tulsa City Council. Upon review of 

the document, it was determined that the document did not raise or address any issues specific to 

Subchapter 31 or the proposed rule changes. 

COMMENTS RECEIVED PRIOR TO THE OCTOBER 5, 2011 

AIR QUALITY ADVISORY COUNCIL MEETING 

Conoco-Phillips – Email from Mr. David Gamble on behalf of Conoco-Phillips, Ponca City, 

Oklahoma (Conoco-Phillips), received September 8, 2011: 

Regarding proposed language in OAC 252:100-31-25(3)(A)(ii)(I). 

7. COMMENT: “Why is the 160 ppmv limit for sulfur instead of hydrogen sulfide, which 

would make it comparable to NSPS J?” 

RESPONSE: The existing rule language [in OAC 252:100-31-25(c)(1)(B)(i)] refers to 

(total) sulfur rather than just H2S, and it applies to fuel-burning equipment from various 

industry sectors. Staff has some concern that although H2S may be the most appropriate 

parameter for petroleum refineries that are subject to NSPS J, other forms of sulfur 

compounds may also be pertinent in other sectors. In addition, the proposed language of 

OAC 252:100-31-25(3)(A)(ii)(I) is not intended to change the content of the provision, 

but is intended to clarify the language and make it more consistent with other rules in the 

subchapter. (As discussed below, it appears that the proposal, using the 160 ppmv sulfur 

content, would not be consistent with that intention.) Note that neither the existing rule 

language nor the proposed language constitutes a limit on sulfur emissions or fuel gas 

sulfur content. Rather, it provides an exception to the continuous SO2 monitoring 

requirement for fuel-burning equipment that uses only low-sulfur gaseous fuel. 

8. COMMENT: “If the 160 ppmv and 0.1 wt% limits are intended to be applicable to total 

sulfur in the fuel gas, does the state intend for the fuel gas to be continuously monitored 

to demonstrate compliance, or is a single sample or process knowledge adequate? The 

Ponca City refinery continuously monitors its fuel gas systems for hydrogen sulfide as 

required by NSPS J, but does not monitor for total sulfur.”

RESPONSE: Both the existing rule language and the proposed language of OAC 

252:100-31-25(3)(A)(ii)(I) references the sulfur content (rather than hydrogen sulfide). 
Jan12_SC31_CommResp.doc 5 1/12/2012 

The existing rule does not specify a monitoring protocol for gaseous fuel. Therefore, a 

demonstration that the facility qualifies for the SO2 monitoring exception for lower sulfur 

gaseous fuel is determined on a case-by-case basis. The rigor of a demonstration would 

need to match the likelihood of exceeding the requirement, and would be consistent with 

Subchapter 43 and any applicable federal requirements. Staff does not believe that the 

proposed amendments (if the change described below is included) would change this 

approach. 

9. COMMENT: “The original version of the rule limited the fuel gas sulfur content to 0.1 

wt%, but the revised rule includes the 160 ppmv limit. I’ve calculated a few cases to see 

what the characteristics of a fuel gas stream would need to be for the 160 ppmv and 0.1 

wt% to represent the same amount of sulfur. I found that the molecular weight of the fuel 

gas (excluding the sulfur) would need to be about 5 lbs/lb-mole, which is very low. 

Assuming a mixture of methane and hydrogen, the gas composition would need to be 

about 78% hydrogen and 22% methane and the resulting heating value of the gas would 

be about 476 BTU/SCF, which is also very low and not really practical as a fuel.”

“Assuming the case of a fuel gas stream made up of 100% methane and no hydrogen, the 

sulfur content would need to be about 500 ppmv in order to also be 0.1 wt%, or 0.03 wt% 

sulfur in order to also be 160 ppmv. As such, the 160 ppmv, when applied to natural gas 

or refinery fuel gas, appears to be more stringent that the 0.1 wt% limit.” 

RESPONSE: The proposed 160 ppmv level is approximately the field gas maximum 

sulfur content limit in some AQ permits for fuel-burning equipment at oil & gas 

compressor stations, etc. However, staff agrees that it is probably not the best number for 

this particular rule. Staff intends to recommend that the Council retain the 0.1 weight 

percent as the primary description of the gaseous fuel sulfur content, and substitute a 

level of “0.29 gr/scf or approximately 500 ppmv” for the 160 ppmv previously proposed. 

As the commenter stated, the 500 ppmv is roughly 0.1 weight percent total sulfur for 

methane (and corresponds to the ratio of “equivalents” listed in the NSPS GG definition 

of “natural gas”: 20.0 gr/100 scf total sulfur ≈ 0.068 wt% ≈ 338 ppmv at 20° C). 

Georgia-Pacific – Email from Mr. Stephen Landers on behalf of Georgia-Pacific Consumer 

Products LP, Muskogee, Oklahoma (Georgia-Pacific), received September 26, 2011: 

Regarding proposed language in OAC 252:100-31-25(3)(A)(i). 

10. COMMENT: The proposed language states in part: “The owner or operator shall 

continuously monitor opacity, except where gaseous fuel is the only fuel burned.” 

Georgia-Pacific expressed concern that “...the loss of opacity monitoring for any reason 

other than routine maintenance or calibration would arguably be an immediate 

deviation.” The company also stated that “Continuous monitors will experience 

malfunctions and/or downtime during their operation, and it does not seem that the 

ODEQ would expect deviation reporting for such monitor downtime so long as the 

downtime is within applicable allowances.” 
Jan12_SC31_CommResp.doc 6 1/12/2012 

Georgia-Pacific requested that the proposed sentence be restated as: “The owner or 

operator shall install, maintain and operate a continuous opacity monitoring system, 

except where gaseous fuel is the only fuel burned.” 

RESPONSE: Staff has dropped the recommended changes to this opacity monitoring 

language in response to concerns the proposed change expressed by Georgia-Pacific and 

members of the Council. Staff proposed substitute language for the Council to consider 

for four other locations where the same phrase was proposed [252:100-31-13(2),

252:100-31-16(1), 252:100-31-25(3)(A)(ii), and 252:100-31-27(2)]. 

Verallia – Email from Mr. Steven B. Smith, V.P., Environmental and Regulatory Affairs, on 

behalf of Verallia (formerly Saint-Gobain Containers), Sapulpa, Oklahoma, received September

30, 2011:

Regarding proposed language in OAC 252:100-31-25(1). 

11. COMMENT: Verallia proposed a language change to assure that only emissions of SO2

attributable to the burning of fuel are subject to the emission limits for fuel-burning 

equipment.

RESPONSE: Staff proposed substitute language for the Council to consider for OAC 

252:100-31-25(1), 

COMMENTS RECEIVED PRIOR TO THE JANUARY 18, 2012

AIR QUALITY ADVISORY COUNCIL MEETING 

Verallia – Letter from Mr. Steven B. Smith, V.P., Environmental and Regulatory Affairs, on 

behalf of Verallia (formerly Saint-Gobain Containers), Sapulpa, Oklahoma, received January 9, 

2012:

Regarding proposed language in OAC 252:100-31-25(1). 

12. COMMENT: Verallia proposed an additional language change to assure that only 

emissions of SO2 attributable to the burning of fuel are subject to the emission limits for 

fuel-burning equipment.

RESPONSE: Staff will propose substitute language for the Council to consider for OAC 

252:100-31-25(1), 
1 

Cheryl E. Bradley 

Department of Environmental Quality 

Air Quality Division 

P.O. Box 1677 

Oklahoma City, Oklahoma 73101-1677

July 15, 2011 

RE: Buzzi Unicem USA, Comments on Proposed Changes to OAC 252:100-31

Ms. Bradley 

Lone Star Industries dba Buzzi Unicem USA, Pryor Oklahoma (Lone Star) would like to provide 

the following comments on the proposed rulemaking related to Subchapter 31, Control of 

Emission of Sulfur Compounds. Lone Star thanks the department for allowing stakeholders to 

comment on regulations that affect them. 

Tom Rader 

Buzzi Unicem USA 

636-931-2511 

252:100-31-25. Requirements for new Fuel-burning fuel-burning equipment 

Any fuel-burning equipment that was not in being on or before July 1, 1972 or that is modified

after July 1, 1972 shall comply with the following requirements.

Comment 1 

It is not clear as to what constitutes a modification. Modification should be qualified to mean 

a modification that causes an increase in SOx emissions.

(4) Alternative fuel. An alternative fuel may be used in fuel-burning equipment, provided the 

following criteria are met. 

(A) The use of an alternative fuel does not cause: 

(i) the SOX emission limits in (a) of this section to be exceeded, or 

(ii) the ambient air concentration limit for H2S contained in OAC 252:100-31-7 to be exceeded. 
2 

(B) The use of an alternative fuel does not create a condition for violation of any TAC MAAC listed 

in Appendix O to this chapter. (See OAC 252:100-42)

(C) The use of an alternative fuel is not disallowed under any applicable 40 CFR Part 60, 61, or 63 

rule, or results in a violation of any applicable emission standard therein. 

(D) The use of an alternative fuel does not create or contribute to a violation of any NAAQS or PSD 

increment. 

(E) The use of an alternative fuel is allowed under an enforceable permit. 

Comment 2 

The proposed changes are to OAC 252:100 Subchapter 31, Control of Emission of Sulfur 

Compounds. The proposed changes should be applicable to the subchapter. 

(4)(B) does not appear to be appropriate in subtitle 31 as it is related to Toxic Air Contaminants 

and should be addressed in OAC 252:100-42 

(4)(C) Should refer to “applicable emission standard for sulfur compounds therein.”

(4)(D) Should refer to “any NAAQS or PSD sulfur compound increment.”

CC

Michael Swift, Buzzi Unicem USA 
3 
1 

890 IP LANE

VALLIANT, OK 74764

T 580-933-1449

F 580-933-1515

Kathryn.crenwelge@ipaper.com

 Certified Mail 7005 3110 0004 4871 9619

January 17, 2012 

 

Brooks Kirlin 

Air Quality Division 

Oklahoma Department of Environmental Quality 

P.O. Box 1677 

Oklahoma City, OK 73101-1677

Re: Comments on OAC 252: 100-31 Control of Emission of Sulfur Compounds Part 5 

New Equipment Standards Section 27(a). 

Dear Mr. Kirlin: 

International Paper Company owns and operates a Kraft pulp and paper mill in Valliant, 

OK. Our facility appreciates the opportunity to offer comments to the Oklahoma 

Department of Environmental Quality Air Quality Division in regards to the proposed 

changes of OAC 252: 100-31 Control of Emission of Sulfur Compounds. 

OAC 252: 100-31-27(a) “Control of Emission of Sulfur Compounds, New Equipment 

Standards, Pulp Mills, Emission Limit” requires that “the emission of sulfur oxides, 

calculated as sulfur dioxide, from the blow pits, washer vents, storage tanks, digester 

relief, and recovery furnace of any new pulp mill shall not exceed 18 lb/T (air dried) of 

pulp produced, two-hour average,” where “new” means any “equipment that emits sulfur 

compounds and which is not in being on, or which is modified after July 1, 1972.” 

Though we differ in opinion of what constitutes a ‘new system’ in this regulation as was 

set forth in the original regulation language and followed in our historical permitting with 

DEQ, we accept that DEQ now interprets this as any equipment change versus an 

equipment system change because we are also required to follow NSPS and NESHAP 

requirements associated with our Kraft and Semi-chemical equipment. These 

requirements are more stringent than this regulatory requirement. 

Following the DEQ’s interpretation of what is ‘new’ and subject to this rule, our new 

recovery furnace installed in 2006 applies. According to the National Council for Air and 

Stream Improvement (NCASI), the language of this rule is typical for sulfite pulping 

operations, but sulfide (Kraft) pulping operations do not have blow pits and are not a 

significant source of sulfur dioxide emissions. In addition, Kraft pulping operations are 

subject to TRS emission standards under Title V. 
2 

We support the state’s current version of the revised language which removes pulp and 

paper requirements for ‘new’ equipment. We believe this is appropriate since we have 

more stringent federal requirements and also because we are not a sulfite pulping mill. 

We appreciate your consideration of these comments, and we believe that the proposed 

alternatives do not dilute the stringency of the environmental standards. If you have any 

questions regarding these comments, please contact me at (580) 933-1449 or Katlin 

Esteph at (580) 933-1267. 

Sincerely, 

Kathryn Crenwelge 

EHS Manager 

International Paper 

Valliant Mill 

Cc: J. Todd Crutcher, IP-Valliant 



















From: Gamble, David H. [mailto:Dave.H.Gamble@conocophillips.com] 

Sent: Thursday, September 08, 2011 2:19 PM 

To: Kirlin, Brooks 

Subject: RE: Questions about Subchapter 31 

Brooks, 

I have a few comments about the changes to be made to OAC 252:100-31, specifically, the SO2 

monitoring requirements for sources with heat input of 250 mmBTU/Hr or more (OAC 252:100-31-

25(3)(A)(ii)(I)). 

The owner or operate shall continuously monitor SO2 emissions except where [...] gaseous fuel 

containing less than 160 ppmv at standard conditions on a dry basis (0.1% by weight) sulfur is the only 

fuel burned. 

1 – Why is the 160 ppmv limit for sulfur instead of hydrogen sulfide, which would make it comparable to 

NSPS J? 

2 – If the 160 ppmv and 0.1 wt% limits are intended to be applicable to total sulfur in the fuel gas, does 

the state intend for the fuel gas to be continuously monitored to demonstrate compliance, or is a single 

sample or process knowledge adequate? The Ponca City refinery continuously monitors it’s fuel gas 

systems for hydrogen sulfide as required by NSPS J, but does not monitor for total sulfur. 

3 – The original version of the rule limited the fuel gas sulfur content to 0.1 wt%, but the revised rule 

includes the 160 ppmv limit. I’ve calculated a few cases to see what the characteristics of a fuel gas 

stream would need to be for the 160 ppmv and 0.1 wt% to represent the same amount of sulfur. I found 

that the molecular weight of the fuel gas (excluding the sulfur) would need to be about 5 lbs/lb-mole, 

which is very low. Assuming a mixture of methane and hydrogen, the gas composition would need to be 

about 78% hydrogen and 22% methane and the resulting heating value of the gas would be about 476 

BTU/SCF, which is also very low and not really practical as a fuel. 

Assuming the case of a fuel gas stream made up of 100% methane and no hydrogen, the sulfur content 

would need to be about 500 ppmv in order to also be 0.1 wt%, or 0.03 wt% sulfur in order to also be 160 

ppmv. As such, the 160 ppmv, when applied to natural gas or refinery fuel gas, appears to be more 

stringent that the 0.1 wt% limit. 

Anyway...just a few thoughts that I had regarding the proposed rule. 

Dave Gamble PE 

Consultant - Environmental 

1228 RB; Ponca City, OK 

(580) 767-2862 ETN 442; Fax (580) 767-5583 

<mailto:Dave.H.Gamble@conocophillips.com>

From: Terrill, Eddie [mailto:ETerrill@deq.ok.gov] 

Sent: Thursday, September 08, 2011 10:52 AM 

To: Gamble, David H. 
Cc: Kirlin, Brooks 

Subject: RE: Questions about Subchapter 31

I have copied Brooks Kirlin who would be your contact.

From: Gamble, David H. [mailto:Dave.H.Gamble@conocophillips.com] 

Sent: Thursday, September 08, 2011 10:47 AM 

To: Terrill, Eddie 

Subject: Questions about Subchapter 31 

Eddie, 

I have a few questions about the proposed revisions to OAC 252:100-31 which are to be presented at the 

October 5 Air Quality Advisory Council meeting. Who would be the right person to direct my questions to? 

Dave Gamble PE 

Consultant - Environmental 

1228 RB; Ponca City, OK 

(580) 767-2862 ETN 442; Fax (580) 767-5583 

<mailto:Dave.H.Gamble@conocophillips.com> 
From: Landers, Stephen (MSK) [mailto:STEPHEN.LANDERS@GAPAC.com] 

Sent: Monday, September 26, 2011 2:54 PM 

To: Kirlin, Brooks 

Subject: ODEQ Sulfur Compounds Rule Proposal 

Mr. Kirlin,

As we discussed on the phone, the proposed language in 252:100-31-25(3)(A)(i) states: “Opacity. The 

owner or operator shall continuously monitor opacity, except where gaseous fuel is the only fuel burned.” 

We have similar language in our current Title V permit for O2 monitoring. The permit states that “...the 

permittee shall continuously monitor the oxygen concentration...” 

Because this condition is stated the way it is, it has been our position that a deviation from that permit 

requirement occurs any time there are losses of O2 monitoring for any reason other than routine 

maintenance or calibration. Our permit writer is currently changing this permit condition to “The permittee 

is required to have installed, and to maintain and operate a continuous monitoring system for oxygen 

concentration.” This re-written permit condition is consistent with our Title V requirement for opacity 

monitoring. Continuous monitors will experience malfunctions and/or downtime during their operation, 

and it does not seem that the ODEQ would expect deviation reporting for such monitor downtime so long 

as the downtime is within applicable allowances.

I see the same issue with the 252:100-31-25(3)(A)(i) proposal, that the loss of opacity monitoring for any 

reason other than routine maintenance or calibration would arguably be an immediate deviation. I 

propose the following for 252:100-31-25(3)(A)(i): “Opacity. The owner or operator shall install, maintain 

and operate a continuous opacity monitoring system, except where gaseous fuel is the only fuel burned.”

Thank you for your consideration.

Steve Landers

Georgia-Pacific Consumer Products LP

Environmental Program Mgr.

918-684-4859 (office)

404-232-4189 (efax)

 



Permanent Final Adoptions

amendment shall be made to the DEQ in writing within 30 days

of the date the change occurred. Application for correction of

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

(1) correct typographical errors;

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

similar minor administrative change at the facility;

(3) require more frequent monitoring or reporting by

the permittee; and/or

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

increase in emissions.

(c) Denial or revocation of a permit to operate. No owner

or operator shall cause or authorize the operation of a minor facility if the DEQ denies or revokes a permit to operate.

(d) Permit Categories. Three types of operating permits

are available. See OAC 252:100-7-15(b) for a complete description of the permit categories.

(e) Permit application requirements. An operating permit

application shall meet the following requirements.

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

(A) Application content. Application shall be

made on a form provided by the DEQ. An application

shall contain:

(i) The proposed operation start-up date, or

phased dates when applicable.

(ii) Revisions to the installation/construction,

if any, that differed from the construction design

and plan given in the permit application material,

data and specifications.

(B) Emission tests. Before a permit to operate a

new or modified minor facility is granted, the applicant, if required by the DEQ, shall conduct emission

tests in accordance with methods approved by the

DEQ with the tests being made at the expense of the

applicant. The DEQ shall be given advance notice of

the tests, may monitor performance tests conducted

by the applicant, and may also conduct emissions

tests. The results of any required test must be provided to the DEQ along with supporting information

as required.

(2) Contents of an application for an administrative

permit amendment. The application may be made on the

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

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

(B) include the date the change occurred,

(C) identify the facility and source involved, and

(D) be signed by the applicant.

(f) Operating permit conditions.

(1) Emission limitations established and made a part of

the construction permit are incorporated into and become

enforceable limitations of the subsequently issued operating permit.

(2) Permit limitations in adjustment of, or in addition

to, the facility's construction permit limitations may be

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

[OAR Docket #12-651; filed 5-21-12]

TITLE 252. DEPARTMENT OF

ENVIRONMENTAL QUALITY

CHAPTER 100. AIR POLLUTION CONTROL

[OAR Docket #12-653]

RULEMAKING ACTION:

PERMANENT final adoption

RULES:

Subchapter 31. Control of Emission of Sulfur Compounds

Part 1. General Provisions

252:100-31-1. [AMENDED]

252:100-31-2. [AMENDED]

252:100-31-4. [NEW]

Part 2. Ambient Air Concentration Limits or Impacts for New and Existing

Equipment, Sources, or Facilities

252:100-31-7. [AMENDED]

Part 3. Existing Equipment Standards

252:100-31-13. [AMENDED]

252:100-31-15. [AMENDED]

252:100-31-16. [AMENDED]

Part 5. New Equipment Standards

252:100-31-25. [AMENDED]

252:100-31-26. [AMENDED]

252:100-31-27. [REVOKED]

AUTHORITY:

Environmental Quality Board; 27A O.S. §§ 2-2-101, Air Quality Advisory

Council, 27A O.S. §§ 2-2-201 and 2-5-107, and Oklahoma Clean Air Act, 27A

O.S.§§ 2-5-101 et seq.

DATES:

Comment period:

June 15, 2011 through July 20, 2011

September 1, 2011 through October 5, 2011

December 1, 2011 through January 18, 2012

Public hearing:

July 20, 2011

October 5, 2011

January 18, 2012

February 24, 2012

Adoption:

February 24, 2012

Submitted to Governor:

March 2, 2012

Submitted to House:

March 2, 2012

Submitted to Senate:

March 2, 2012

Gubernatorial approval:

April 13, 2012

Legislative approval:

Failure of the Legislature to disapprove the rule(s) resulted in approval on

May 1, 2012

Final adoption:

May 1, 2012

Effective:

July 1, 2012

SUPERSEDED EMERGENCY ACTIONS:

N/A

INCORPORATIONS BY REFERENCE:

N/A

ANALYSIS:

The Department is proposing changes to Subchapter 31, Control of

Emission of Sulfur Compounds, to clarify the language and to bring

the allowable sulfur dioxide (SO2) ambient air limits set forth in OAC

252:100-31-7(a) into line with the requirements of the recently-enacted change

Oklahoma Register (Volume 29, Number 19) 996 June 15, 2012
Permanent Final Adoptions

to the SO2 National Ambient Air Quality Standards (NAAQS). In response

to previous public and Council comments, the Department is proposing

additional changes to several longstanding control, monitoring, and emission

requirements of the Subchapter. In addition, the Department is proposing to

add requirements for fuel-burning equipment that uses an alternative fuel. The

Department is also proposing to add a new section 252:100-31-4, which aligns

Subchapter 31 excess emission reporting requirements with those of 252:100-9

for facilities that are also covered by a 40 CFR Part 60 emission limit.

CONTACT PERSON:

Cheryl Bradley, Department of Environmental Quality, Air Quality

Division, 707 North Robinson, P.O. Box 1677, Oklahoma City, Oklahoma

73101-1677, (405) 702-4100

PURSUANT TO THE ACTIONS DESCRIBED HEREIN,

THE FOLLOWING RULES ARE CONSIDERED

FINALLY ADOPTED AS SET FORTH IN 75 O.S.,

SECTION 308.1(A), WITH AN EFFECTIVE DATE

OF JULY 1, 2012:

SUBCHAPTER 31. CONTROL OF EMISSION OF

SULFUR COMPOUNDS

PART 1. GENERAL PROVISIONS

252:100-31-1. Purpose

The purpose of this Subchaptersubchapter is to control

emissions of sulfur compounds from stationary sources in

order to prevent the Oklahoma Air Quality Standard from

being exceeded and insure that degradation of the present

level of air quality in Oklahoma does not occur.

252:100-31-2. Definitions

The following words or terms, when used in this Subchapter subchapter, shall have the following meaning, unless the

context clearly indicates otherwise:

"Alternative fuel" means fuel derived from any source

other than petroleum, natural gas, or coal. Alternative fuel includes, but is not limited to, biogas, waste-derived fuel, recycled tires, tire-derived fuel, and wood fuel as defined in OAC

252:100-19-1.

"Black liquor solids" means the dry weight of the solids,

whichthat enter the recovery furnace in the black liquor.

"Digester system" means each continuous digester or

each batch digester used for the cooking of wood in white

liquor, and associated flash tank(s), below blow tank(s), chip

steamer(s), and condenser(s).

"Existing facility," "existing source," or "existing

equipment" means any facility, source, or equipment that

emits sulfur compounds and which is in being prior to July 1,

1972, except that for facilities, sources, or equipment subject

to:

(A) OAC 252:100-31-7(b) and/or OAC

252:100-31-26(a)(1), the date is prior to December 31, 1974, and

(B) OAC 252:100-31-13, the date is on or before

August 17 1971.

"Fossil fuel-fired steam generator" means a furnace or

boiler used in the process of burning fossil fuel for the primary

purpose of producing steam by heat transfer.

"Kraft pulp mill" means any pulp mill process facility

that produces pulp from wood by cooking (digesting) wood

chips in a water solution of sodium hydroxide and sodium sulfide (white liquor) at high temperature and pressure. Regeneration of the cooking chemicals through a recovery process is

also considered part of the kraft pulp mill.

"Lime kiln" means a unit used to calcine lime mud, which

consists primarily of calcium carbonate, into quickline, which

is calcium oxide.

"Multiple-effect evaporator system" means the multiple-effect evaporators and associated condenser(s) and

hotwell(s) used to concentrate the spent cooking liquid that is

separated from the pulp (black liquor).

"New facility," "new installation," "new source," or

"newequipment" means any facility, installation, source, or

equipment that emits sulfur compounds and which is not in

being on, or which is modified after, July 1, 1972, except that

for :

(A) facilities, installations, sources, or equipment subject to OAC 252:100-31-7(b) and/or OAC

252:100-31-26(a)(1) the date is December 31, 1974;

(B) petroleum refining facilities, sources, or equipment subject to OAC 252:100-31-26 (a)(2), the date

is December 31, 1974; and

(C) facilities, sources or equipment subject to OAC

252:100-31-13, the date is August 17, 1971.

"Petroleum and natural gas process equipment" means

processes the process equipment used in the processing of

to convert crude petroleum and/or natural gas into refined

products including. Petroleum and natural gas process

equipment includes, but is not limited to, distillation columns,

treating columns, catalytic cracking units, catalytic reforming

units, sulfur removal equipment, petroleum coke units, flares,

heat exchangers, reboilers, jet ejectors, compressors, recompressors, and any other auxiliary equipment pertinent to the

process.

"Petroleum and natural gas process facility" means a

facility that is engaged in converting crude petroleum and/or

natural gas into refined products. Petroleum and natural gas

process facilities include petroleum refineries and natural gas

processing plants (as defined in 40 CFR § 60.631), but do not

include petroleum and natural gas production, gathering, and

transportation facilities.

"Pulp mill" means the process equipment used in production of pulp from wood chips or bolts which may include

but are not limited to, debarker, chipper, digester, blow tank,

washers, condensers, evaporators, recovery furnace, lime kiln,

smelt-dissolving tank, mixers, heat exchangers, gas scrubbers,

and other auxiliaries pertinent to the process.

"Recovery furnace" means either a straight kraft recovery kraft-recovery furnace or a cross recovery cross-recovery

furnace, and includes the direct-contact evaporator for a direct

contact direct-contact furnace.

June 15, 2012 997 Oklahoma Register (Volume 29, Number 19)
Permanent Final Adoptions

"Smelt dissolving Smelt-dissolving tank" means a

vessel used for dissolving the smelt collected from the recovery

furnace.

"Sulfur recovery plant unit" means a process device that

recovers elemental sulfur from acid gas.

"Sweetening plant unit" means a process natural gas

processing device that separates the removes hydrogen sulfide

H2S and carbon dioxide CO2 contentsfrom the gas stream.

"Three-hour average" or "3-hour average" means the

arithmetic average of sampling results or continuous emission

monitoring data from three contiguous one-hour periods.

"Total reduced sulfur" or "TRS"is means the sum of the

compounds hydrogen sulfide, methyl mercaptan, dimethyl sulfide, and dimethyl disulfide.

252:100-31-4. Excess emission reporting and alternative

reporting schedule

Any excess emission resulting from a violation of any

emission limit contained in this subchapter shall be reported in

accordance with the requirements of OAC 252:100-9. In the

event that the excess emission is also a violation of an applicable 40 CFR Part 60 emission limit, the owner or operator may

report the excess emission as part of an alternative reporting

schedule applied for or obtained under OAC 252:100-9-7(d),

if the following requirements are met.

(1) The excess emission occurs at the same emission

unit at the same time.

(2) The emission limit is for the same regulated air pollutant, and has the same averaging time and units of measure as the applicable 40 CFR Part 60 emission limit.

PART 2. AMBIENT AIR CONCENTRATION

LIMITS OR IMPACTS FOR NEW AND EXISTING

EQUIPMENT, SOURCES, OR FACILITIES

252:100-31-7. Ambient air concentration limits or

impactsAllowable hydrogen sulfide (H2S)

ambient air concentrationsfor new and

existing sources

(a) [Reserved]Sulfur oxides. Emissions of sulfur dioxide

from any existing facility or any new petroleum and natural gas

process facility with equipment subject to OAC 252:100-31-

26(a)(1) shall not impact existing ambient air concentrations

of sulfur dioxide by more than:

(1) 1300 μg/m3 (0.50 ppm)in a five (5)minute period of

any hour;

(2) 1200 μg/m3 (0.46 ppm), one-hour average;

(3) 650 μg/m3 (0.25 ppm), 3-hour average;

(4) 130 μg/m3 (0.05 ppm), 24-hour average; or,

(5) 80 μg/m3 (0.03 ppm), annual arithmetic mean.

(b) Hydrogen sulfide. Emissions of hydrogen sulfide H2S

from any new or existing source facility shall not result in a

24-hour average cause an ambient air concentration of hydrogen sulfide at any given point of H2S greater than 0.2 ppm or

greaterat standard conditions, 24-hour average.

(c) Exceptions. The standards set in subsections (a) and (b)

of this Section section shall not apply to ambient air concentrations or impacts occurring on the property from which such

emission occurs, providing such property, from the emission

point to the point of any such concentration, is controlled by

the person responsible for such emission.

(d) Compliance assurance. Upon approval of the Director,

facility operators may use appropriate material balances, performance test data, and/or emission factors to determine stack

emissions combined, when necessary, with the appropriate

EPA approved EPA-approved atmospheric dispersion models

to determine ambient air concentration or impact in lieu of

ambient air monitoring as proof of compliance with limits the

limit set in OAC 252:100-31-7(a) and (b) this section.

PART 3. EXISTING EQUIPMENT STANDARDS

252:100-31-13. Requirements for existing Sulfuric

sulfuric acid plants

Any sulfuric acid plant that was in being on or before August 17, 1971 shall comply with the following requirements.

(a1) Sulfuric acid mist.standard. After January 10,

1979, emissions Emissions of sulfuric acid mist from

any existing sulfuric acid plant shall not exceed 0.5 lb/T

pounds per ton of acid produced (250 g/MTgrams per

metric ton). The acid production shall be expressed as

100% sulfuric acid (H2SO4).

(b2) Continuous emission Emission monitoring.

Continuous monitoring of sulfur dioxide is required for

existing The owner or operator shall install, calibrate,

maintain, and operate a continuous SO2 emissions monitoring system for any sulfuric acid plants where the plant

with a production capacity is greater than 300 tons per day

TPD expressed as 100% acid, except where the conversion

of sulfuric acid is utilized to prevent emissions of sulfur

dioxide or other sulfur compounds.

(c3) Installation, calibration, and maintenance, and

operation of emission monitoring systems. Required

emission monitoring systems shall be installed, calibrated,

maintained, and operated in accordance with 40 CFR

Part 60, Appendix B, and 40 CFR Part 51, Appendix P.

Appendix P is hereby incorporated by reference.

252:100-31-15. Requirements for existing Kraft kraft

pulp mills

After May 8, 1989, all existingany kraft pulp mills mill that

was in being on or before July 1, 1972 shall comply with meet

the following requirements standards.

(1) TRS. Emissions of TRS emissions from any recovery furnace shall not exceed:

(A) 40 ppm TRS, measured a hydrogen sulfide

as H2S on a dry basis and on a 12-hour average, converted to eight percent (8%) by volume oxygen. from

any recovery furnace;

(2B) TRS emissions from any lime kiln shall not exceed 40 ppm TRS measured as hydrogen sulfide H2S on

Oklahoma Register (Volume 29, Number 19) 998 June 15, 2012
Permanent Final Adoptions

a dry basis and on a 12-hour average, corrected to ten percent (10%) by volume oxygen. from any lime kiln; and,

(3C) TRS emissions from any smelt-dissolving tank

shall not exceed 0.033 lb pounds TRS per ton/T black

liquor solids as hydrogen sulfide (0.016 g TRS/kg) of

black liquor solids, measured as H2S on hydrogen sulfide)

for a 12-hour average from any smelt dissolving tank.

(42) Non-condensable gases. Non-condensable gases

from all evaporators and digester systems shall be efficiently incinerated or otherwise treated to limit emissions

of TRS measured as hydrogen sulfide to less than five (5)

ppmv, measured as H2S at standard conditions ppm by

volume on a dry basis.

252:100-31-16. Requirements for existing fossil Fossil

fuel-fired steam generators

Any fossil fuel-fired steam generator unit that was in being on or before July 1, 1972 shall comply with the following

requirements.

(a1) Continuous emission Emission monitoring.

Continuous monitoring of sulfur dioxide The owner or

operator shall install, calibrate, maintain, and operate

a continuous SO2 emissions monitoring system for any

is required for existing fossil fuel-fired steam generator

that generators where the source utilizes an air pollution

abatement operation to reduce the sulfur dioxide emissions of sulfur oxides. Continuous monitoring of oxygen

or carbon dioxide is required where if it is necessary to

convert sulfur dioxide SO2 monitoring results.

(b2) Installation, calibration, and maintenance, and

operation of emission monitoring systems. Required

emission monitoring systems shall be installed, calibrated,

maintained, and operated in accordance with 40 CFR Part

60, Appendix B, and 40 CFR Part 51, Appendix P.

PART 5. NEW EQUIPMENT STANDARDS

252:100-31-25. Requirements for new Fuel-burning

fuel-burning equipment

Any fuel-burning equipment that was not in being on or

before July 1, 1972 or that is modified after July 1, 1972 shall

comply with the following requirements.

(a1) Emission limits. Emissions of SO2 attributable to

the burning of fuel by fuel-burning equipment shall meet

the following limits.

(1A) Gas-fired fuel-burning equipmentGaseousfuel. Emissions of SO2Sulfur

oxide emissions (measured as sulfur dioxide) from

combustion of natural gas or other gaseous fuel in

any new gas-fired fuel-burning equipment shall not

exceed 0.2 lb/MMBtuMMBTU heat input (86 ng/J).

(2B) Liquid-fired fuel-burning equipment Liquid fuel. Emissions of SO2 Sulfur oxide emissions

(measured as sulfur dioxide) from combustion of liquid fuel in any new liquid-fired fuel-burning equipment shall not exceed 0.8 lb/MMBtuMMBTU heat input (340 ng/J).

(3C) Solid fuel-burning equipment fuel. Emissions of SO2 Sulfur oxide emissions (measured as

sulfur dioxide) from combustion of any new solid

fuel in fuel-burning equipment shall not exceed 1.2

lb/MMBtuMMBTU heat input (520 ng/J).

(4D) Combination of fuels burned. When different types of fuels are burned simultaneously in any

combination, emissions of SO2 shall not exceed the

applicable standard (in lb/MMBtu) shall be limit

determined by proration unless a secondary fuel is

used in de minimis quantities (less than five percent

(5%) of total Btu BTU heat input annually). Compliance The applicable limit, in lb/MMBTU heat input,

shall be determined using the following formula,

where X is the percent of total heat input derived from

gas gaseous fuel, Y is the percent of total heat input

derived from liquid fuel, and Z is the percent of total

heat input derived from solid fuel:.SO2 limit = [X(0.2)

+ Y(0.8) + Z(1.2)]/(X + Y + Z)SO2 limit = (0.2X +

0.8Y + 1.2Z)/(X + Y + Z).

(b2) Averaging time. The averaging time for the emission limits set in OAC 252:100-31-25(1)(a) is three (3)

hours unless a solid fuel sampling and analysis method is

used to determine emission compliance. In that case the

averaging time is 24 hours.

(c3) Emission monitoring, fuel monitoring, and

recordkeeping Additional requirements for sources

with heat input of 250 MMBtuMMBTU/hr or more.

The requirements contained in this subsection apply to

any new Any fuel-burning equipment with a rated design

heat input values of 250 MMBtu MMBTU/hr or greater

more shall comply with the following requirements.

(1A) Emission monitoring. The instruments in

OAC 252:100-31-25(c)(1)(A) and (B)(I) shall be

installed, calibrated, maintained, and operated in any

new fuel-burning equipment with a rated heat input

of 250 MMBtu/hr or greater. These instruments shall

be calibrated following performance specifications 2

and 3 of 40 CFR Part 60, Appendix B.

(Ai) Opacity. A photoelectric or other type

smoke detector and recorder shall be used to monitor opacity, except where gaseous fuel is the only

fuel burned.

(Bii) Sulfur dioxide.

(i) An instrument for continuously monitoring

and recording sulfur dioxide The owner or operator shall install, calibrate, maintain, and operate a

continuous SO2 emissions monitoring system shall

be used, except where:

(I) gaseous fuel containing less than 0.1%

by weight sulfur (0.29 gr/scf or approximately

500 ppmv at standard conditions on a dry basis)

is the only fuel burned; or

(II ii) A a solid or liquid fuel sampling and

analysis method may be is used to determine

SO2 emission compliance.

(iii) Installation, calibration, maintenance,

and operation of emission monitoring systems.

June 15, 2012 999 Oklahoma Register (Volume 29, Number 19)
Permanent Final Adoptions

Required emission monitoring systems shall be

installed, calibrated, maintained, and operated in

accordance with 40 CFR Part 60, Appendix B,

and 40 CFR Part 51, Appendix P.

(2B) Fuel monitoring. The sulfur content of solid

or liquid fuels as burned shall be determined in accordance with previous methods as previously approved

by the Director or in accordance with Method 19 of

40 CFR Part 60, Appendix A.

(3C) Recordkeeping. The owner or operator of any

fuel-burning equipment with a rated heat input of 250

MMBtu/hr or greater shall maintain a file records of

all measurements required in paragraphs (1) (A) and

(2) (B) of this subsection in accordance with the applicable requirements of OAC 252:100-43-7, including

compliance status records and excess emissions measurements. These records and measurements shall be

retained for at least two (2) years following the date

ofsuch measurements, and made available for inspection by the Division or its representatives during normal business hours.

(4) Alternative fuel. The requirements of this section

apply to any fuel-burning equipment that uses an alternative fuel, unless another limit representing BACT or equivalent is specified in the source's permit. Use of an alternative fuel in fuel-burning equipment is allowed, provided

its use is authorized under an enforceable permit. Use of

an alternative fuel in fuel-burning equipment is subject to

any applicable restrictions or prohibitionsthat may exist in

other provisions of state or federal statutes or rules, e.g.,

OAC 252:100-8-32.1, 252:100-31-7, 252:100-42, and/or

40 CFR Parts 60, 61, and/or 63.

252:100-31-26. Requirements for new Petroleum

petroleum and natural gas processes

Any petroleum and natural gas process that was not in being on or before December 31, 1974 or that is modified after

December 31, 1974 shall comply with the following requirements.

(a) Standards.

(1) Hydrogen sulfide standards and alarm systems.

(A) Hydrogen sulfide H2S contained in the waste

gas stream from any new petroleum or natural gas

process equipment shall be removed from the exhaust

gas stream or it shall be oxidized to sulfur dioxide.

Hydrogen sulfide emissions shall be reduced by 95%

of the hydrogen sulfide in the exhaust gas.by removal

or by being oxidized to SO2 prior to being emitted

to the ambient air. This requirement shall not apply if

a facility's emissions of H2S do not exceed 0.3 lb/hr,

two-hour average.

(B) The owner or operator shall install, maintain,

and operate an alarm system that will signal a malfunction for all thermal devices used to control H2S

emissions from petroleum and natural gas processing

facilitiesregulated under thissubparagraph.

(2) Sulfur dioxide standards. Oxides of sulfur. The

following requirements apply to any gas sweetening unit

or petroleum refinery process equipment with a sulfur content of greater than 0.54 LT/D in the acid gas stream. Alternatively, any gas sweetening unit or petroleum refinery

process equipment with an emission rate of 100 lb/hr or

less of SOX expressed as SO2, two-hour average, shall be

considered to be below thisthreshold.

(A) Natural gas processing sweetening units.

Sulfur oxide emissions, calculated as sulfur dioxide,

The sulfur content of any acid gas stream from any

new gas sweetening plant unit shall be reduced by use

of a sulfur recovery plant unit prior to release of the

exhaust gas to the atmosphere ambient air. The sulfur

recovery plant units shall have the sulfur reduction

recovery efficiencies required in subparagraphs (C)

through (F) of OAC 252:100-31-26(a)(2) this subparagraph.

(B) Petroleum refinery processing. Sulfur recovery plants units operating in conjunction with any refinery process shall have the sulfur reduction recovery

efficiencies required in paragraphs (C) through (F) of

OAC 252:100-31-26(a)(2) this subparagraph.

(C) GreaterSulfur content greater than 0. 54

LT/D but less than or equal to 5.0 LT/D. When the

sulfur content of the acid gas stream from a new gas

sweetening unit or refinery process is greater than

0.54 LT/D but less than or equal to 5.0 LT/D, the sulfur dioxide emission reduction recovery efficiency of

the sulfur recovery plant unit shall be at least 75.0%.

(D) Greater Sulfur content greater than 5. 0

LT/D but less than or equal to 150.0 LT/D. When

the sulfur content of the acid gas stream from a new

gas sweetening unit or refinery process is greater than

5.0 LT/D but less than or equal to 150.0 LT/D, the

required sulfur dioxide emission reduction recovery

efficiency of the sulfur recovery plant unit shall be

calculated using the following formula, where Z is

the minimum emission reduction sulfur recovery

efficiency required at all times and X is the sulfur feed

rate, expressed in LT/D of sulfur and rounded to one

decimal place: Z = 92.34 (X0.00774).

(E) GreaterSulfur content greater than 150. 0

LT/D but less than or equal to 1500.0 LT/D. When

the sulfur content of the acid gas stream from a new

gas sweetening unit or refinery process is greater than

150.0 LT/D but less than or equal to 1500.0 LT/D, the

required sulfur dioxide emission reduction recovery

efficiency of the sulfur recovery plant unit shall be

calculated using the following formula, where Z is

the minimum emission reduction sulfur recovery

efficiency required at all times and X is the sulfur feed

rate, expressed in LT/D of sulfur and rounded to one

decimal place: Z = 88.78 (X0.0156).

(F) GreaterSulfur content greater than 1500. 0

LT/D. When the sulfur content of the acid gas stream

from a new gas sweetening unit or refinery process is

greater than 1500.0 LT/D, a minimum sulfur dioxide

reduction the recovery efficiency of the sulfur recovery unit shall be at least 99.5% shall be met.

Oklahoma Register (Volume 29, Number 19) 1000 June 15, 2012
Permanent Final Adoptions

(b) Exceptions.

(1) Hydrogen sulfide. The requirements of OAC

252:100-31-26(a)(1) shall not apply if hydrogen sulfide

emissions do not exceed 0.3 lb/hr, two-hour average.

(2) Sulfur dioxide. The requirements of OAC

252:100-31-26(a)(2) shall not apply to any new petroleum or natural gas process which would emit 100 lb/hr or

less of sulfur oxides expressed as sulfur dioxide, two-hour

average. The requirements of paragraph (2) of subsection

(a) of this Section can be met alternatively by establishing

that the sulfur content of the acid gas stream from any gas

sweetening plant or refinery process is 0.54 LT/D or less.

(c) Emission monitoring for hydrogen sulfide. All new thermal devices for petroleum and natural gas processing facilities

regulated under OAC 252:100-31-26(a)(1)shall have installed,

calibrated, maintained, and operated an alarm system that will

signal noncombustion of the gas.

252:100-31-27. Pulp mills [REVOKED]

(a) Emission limit. The emission of sulfur oxides, calculated as sulfur dioxide, from the blow pits, washer vents, storage tanks, digester relief, and recovery furnace of any new

pulp mill shall not exceed 18 lb/T (air dried) of pulp produced,

two-hour average.

(b) Emission monitoring. All new pulp mills shall install,

calibrate, maintain and operate instruments for continuously

monitoring and recording emissions of sulfur dioxide from the

recovery system gas-cleaning equipment and other locations

as required by the Director. The instruments installed and used

pursuant to this Section shall have a confidence level of at least

95% and be accurate within "20% and shall be calibrated following performance specifications 2 and 3 of 40 CFR Part 60,

Appendix B, and following the quality assurance procedures

in 40 CFR Part 60, Appendix F.

(c) Recordkeeping. The owner or operator of any new pulp

mill subject to provisions of this Section shall maintain files

of all measurements required, including compliance status

records and excess emissions measurements. These records

and measurements shall be retained for at least two years

following the date of such measurements and made available

for inspection by the Division during normal business hours.

[OAR Docket #12-653; filed 5-21-12]

TITLE 252. DEPARTMENT OF

ENVIRONMENTAL QUALITY

CHAPTER 110. LEAD-BASED PAINT

MANAGEMENT

[OAR Docket #12-735A]

RULEMAKING ACTION:

PERMANENT final adoption

RULES:

Subchapter 1. General Provisions

252:110-1-1. [AMENDED]

252:110-1-2. [AMENDED]

252:110-1-7. [REVOKED]

Subchapter 5. Incorporation by Reference

252:110-5-1. [AMENDED]

AUTHORITY:

Environmental Quality Board, 27A O.S. § 2-2-101, Air Quality Advisory

Council, 27A O.S. §2-2-201 and Oklahoma Lead-based Paint Management

Act, 27A O.S. §§ 2-12-201.

DATES:

Comment period:

December 15, 2010 through January 19, 2011

June 15, 2011 through July 20, 2011

September 1, 2011 through October 05, 2011

Public hearing:

January 19, 2011

July 20, 2011

October 05, 2011

February 24, 2012

Adoption:

February 24, 2012

Submitted to Governor:

March 2, 2012

Submitted to House:

March 2, 2012

Submitted to Senate:

March 2, 2012

Gubernatorial approval:

April 13, 2012

Legislative approval:

Failure of the Legislature to disapprove the rules resulted in approval on

May 1, 2012

Final adoption:

May 1, 2012

Effective:

July 1, 2012

SUPERSEDED EMERGENCY ACTIONS:

N/A

INCORPORATIONS BY REFERENCE:

Incorporated standards:

The following Sections of 40 CFR Part 745, as they exist on August 8, 2011,

are, unless otherwise specified, incorporated by reference in their entirety:

40 CFR 745.223 except the definitions of "Interim certification", "Business

day", and "Training provider"

40 CFR 745.225 with exceptions

40 CFR 745.226 with exceptions

40 CFR 745.227 with exceptions

40 CFR 745.233

40 CFR 745.61

40 CFR 745.63

40 CFR 745.65

40 CFR 745.82

40 CFR 745.83

40 CFR 745.84

40 CFR 745.85

40 CFR 745.86

40 CFR 745.87

40 CFR 745.88

40CFR 745.89

40CFR 745.90

40 CFR 745.91

Incorporating rules:

252:110-5-1

Availability:

The standards are on file at the Department of Environmental Quality, 707

North Robinson, Oklahoma City, Oklahoma, 73102, and are available to the

public for examination Monday through Friday between the hours of 8:00 a.m.

and 4:30 p.m, excluding state holidays.

ANALYSIS:

The Department is proposing to amend OAC 252:110-5-1, Incorporation

by reference, to add the federal Lead-based Paint Renovation, Repair, and

Painting (RRP) requirements in 40 CFR Part 745. This rule revision is

an essential part of the Department's efforts to obtain U.S. Environmental

Protection Agency's delegation to administer the federal RRP program in

Oklahoma.

The Department is also proposing to revoke OAC 252:110-1-7, Reference

to 40 CFR, because it is a duplication of language already included in

Subchapter 5, Incorporation by Reference. In addition, the Department is

June 15, 2012 1001 Oklahoma Register (Volume 29, Number 19)