SCOTI A. THOMPS O

N E xecutive Director 

### February 8, 2016 OK L A H OMA DEIAITI.IENI OF ENVIION/o\ENI AL OUALIIY 

### OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY

CE RTIFIED MAIL, RETURN RECEIPTREQUESTED



### Mr. Jeffrey Robinson , Chief , Air Permits Section U.S

. Environmental Protection Agency
- Region VI (6MM) 1445 Ros s Avenue, Suite 1200 Dallas, TX 75202-2733 MARY FALLIN G overnor



### Subject: Demonstration that the DEQ' s Recordkeeping Requirements Are As Stringent As Those in EPA's Reasonable Possibility in Recordkeeping ( 40 CFR 51.166(r)(6)(i) through (vi))

Dear Mr. Robinson:

In a letter dated July 16, 2010, the Oklahoma Secretary of Environment submitted to the Acting Regional Administrator of the U.S. Environmental Protection Agency (EPA), Region VI, for approval under Section 110 of the federal Clean Air Act and 40 CFR Part 51 , a revision to the Oklahoma Air Quality Control Implementation Plan and the associated evidence as required by 40 CFR 51, Appendix V, 2.1.

Thi s submittal included amendments to Subchapters 1 and 8 in Title 252, Cha pter 100 of the Oklahoma Administrative Code ("OAC") that became effective as permanent rules on June 15, 2006. These amendmen ts incorporate the requirements of the EPA's NSR Reform and revise a definition in the Pru t 70 progr am.
The NSR Refm m revised the procedur es for determining if a project at an existing major stationary source is a major modification

. [40 CFR 51.166(a)(7)] The revision provided more than one applicability determination procedure and allowed the owner or operator to u se the applicabi lity detetmination most appropriate to their project. In 

### conjunction with the new applicability determination procedures, the NSR Reform added the "reasona ble possibility"
standard for the PSD program.
The "reasonable po ssibility" standard in 40 CFR 51.166(r)(6)(i) through (vi) identifies the criteria under which an owner or operator of a ma jor stationary source undergoing a physica l change or change in the method of operation tha t do es not trigger major NSR permitting requirements, must keep records and/or make reports if the owner or operator elects to use the method specified in paragraphs 40 CFR 5 1.166(b)(40)(ii)(a) through (c) for calculating projected actual emi ssions in making the applica bility determination. The recordkeeping and repmting requirements in 40 CFR 51. 166(r)(6)(i) through (v) will apply if ther e is a "reasonable possibility, " within the meaning of 40 CFR 51.166(r)(6)(vi) that a project that is not a pa rt of a major modification may result in a significan t emissions increase of such pollutant.

7 0

7N

ORT H ROB INSON, P .O. BOX 1677, OKL AHOMA CITY, OKLA HOMA 73 101

-1677
printed o n recycl ed paper wi l h soy ink**~j**Mr. Jeffrey Robinson rebruary 8, 20 16 Page 2



### OAC 252:100-8-36.2(c)(l) through (5) of the SIP revision contains the specific recordkeeping and reporting provisions that apply to projects at existing emissions units at a major stationary
source (other than at a source with a PAL) when the owner or operator elects to use the method specified in (B)(i) tlll'ough (iii) of the definition of "projected actual emissions" in 252:100-8-31 for calculating projected actual emissions used in applicability determinations. The requirements in 252:100-8-36.2(c)(l) tlu·ough (5) are substantively the same as those in 40 CFR 51.166(r)(6)(i) through (v). The State rule, however, differs Ji'om the federal rule by omitting "reasonable possibility" and requiring the owners or operators of any project at an existing emissions unit at a major stationary source to comply with the specifications in 252:100-8- 36.2(c)(l) through (5), when the owner or operator uses the method in (B)(i) though (iii) of the definition of "projected actual emissions" in determining PSD applicability. The method specified in (B)(i) through (iii) of the definition of "projected actual emissions" is the same as the method specified in paragraphs 40 CFR 51.166(b)(40)(ii)(a) through (c) of the federal regulation.

Deviations from the provisions in 40 CFR 51.166(r)(6) are allowed if the State specifically demonstrates that the submitted provisions are more stringent than or at least as stringent in all respects as the corresponding provisions in paragraphs (r)(6)(i) through (vi) of 40 CFR 51.166. The State maintains that the provisions in OAC 252:100-8-36.2(c)(l) though (5), although worded somewhat differently, are substantively the same as those in 40 CFR 51.166(r)(6)(i) through (v) and that the State rule is more stringent by requiring in the introductory language in 252:100-8-36.2(c) all projects for which projected actual emissions were calculated by the method in (B)(i) tlu·ough (iii) of the definition of "projected actual emissions" to comply with 252:100-8-36.2(c)(l) through (5). A side-by-side comparison of OAC 252:100-8-36.2(c)(l) through (5) and 40 CFR 51.166(r)(6) is enclosed.

If you have questions, please contact Cheryl E. Bradley, Air Quality Division, Department of Enviromnental Quality at (405)702-4157. 

### '

Eddie TetTill Director, Air Quality Division

Enclosure

cc: Adina Wiley

### Comparison of EPA Reasonable Possibilities Rule 40 CFR 51.166(r)(6)(i) through (vi) with Air Quality Control Rules OAC 252:100-8-36.2(c)(l) Through (5) 40 CFR 51.166(r)(6) allows deviations from the provisions in paragraphs 40 CFR 51.166(r)(6)(i) tln·ough (vi) if the State specifically demonstrates that the submitted provisions
are more stringent than or at least as stringent in all respects as the corresponding provisions in 40 CFR 51.166(r)(6)(i) through (vi). It is evident from the following side-by-side comparison of OAC 252:100-8-36.2(c) and 40 CFR 51.166(r)(6) that the DEQ rule is as stringent as the federal rule and in at least one instance is more stringent: the DEQ mle requires all sources that calculate projected actual emissions by use of the method in (B)(i) through (iii) of the definition of "projected actual emissions" to comply with 252:100-8-36.2(c), while the recordkeeping and reporting requirements in the federal mle in 40 CFR 51.166(r)(6) only apply to those sources that have a "reasonable possibility" within the meaning of paragraph (r)(6)(vi) that a project that is not a pmi of a major modification may result in a significant emissions increase of such pollutant. 

### SIDE BY SIDE COMPARISON OF 40 CFR 51.166(r)(6) and OAC 252:100-8-36.2(c) RE: REASONABLE POSSIBILITY
40 CFR 51.166(r) Source obligation 252:100-8-36.2. Source obligation (6) Each plan shall provide that, except as · (c) 

### Requirements when using projected otherwise provided in paragraph (r)(6)(vi) of 

### actual emissions. The following specific this section, the following specific provisions provisions apply to projects at existing apply with respect to any regulated NSR emissions units at a major stationary source pollutant emitted from projects at existing (other than projects at a source with a PAL) emissions units at a major stationary source when the owner or operator elects to use the (other than projects at a source with a PAL) in method specified in (B)(i) through (iii) of the circumstances where there is a reasonable definition of "projected actual emissions" for possibility, within the meaning ofparagraph calculating projected actual emissions. (r)(6)(vi) ofthis section, that a project that is not a part of a major modification may result 

### Summary of Comparison: in a significant emissions increase of such The requirements in OAC 252:100-8-36.2(c)(l) pollutant, and the owner or operator elects to though (6) are substantively the same as those in
use the method specified in paragraphs 40 CFR 51.166(r)(6)(i) through (v) and (7). The (b)(40)(ii)(a) through (c) of this section for State rule has no countetpart to (r)(6)(vi) calculating projected actual emissions. regarding "reasonable possibility" but requires Deviations from these provisions will be all sources using the method in (B)(i) through approved only if the State specifically (iii) ofthe definition of "projected actual demonstrates that the submitted provisions are emissions" for determining if a modification is

more stringent than or at least as stringent in subject to PSD, to comply with subsection 8- all respects as the corresponding provisions in 36.2(c), which is more stringent than the 40 CFR paragraphs (r)(6)(i) tln·ough (vi) of this 51.166(t)(6). section. (i) Before beginning actual construction of the 

### (I) Before beginning actual construction of the project, the owner or operator shall document project, the owner or operator shall document and maintain a record of the following and maintain a record ofthe following

1 1/29/16

### 40 CFR 51.166(r) 

### Source obligation 252:100-8-36.2. Source obligation information: information:

(a) A description ofthe project; (A) A description ofthe project; (b) Identification of the emissions unit(s) (B) Identification ofthe existing emissions whose emissions of a regulated NSR unit(s) whose emissions of a regulated pollutant could be affected by the project; NSR pollutant could be affected by the and project; and (c) A description ofthe applicability test (C) A description ofthe applicability test used to determine that the project is not a used to determine that the project is not a major modification for any regulated NSR major modification for any regulated NSR pollutant, including the baseline actual pollutant, including the baseline actual emissions, the projected actual emissions, emissions, the projected actual emissions, the amount of emissions excluded under the amount of emissions excluded under paragraph (b)(40)(ii)(c) ofthis section and (B)(iii) of the definition of "projected
an explanation for why such amount was actual emissions" and an explanation for excluded, and any netting calculations, if why such amount was excluded, and any applicable. netting calculations, if applicable. 

### Summary of Comparison: OAC 252: I00-8-36.2(c)(1) is substantively the
same as those in 40 CFR 51.166(r)(6)(i). 

### (ii) Ifthe emissions unit is an existing electric (2) Ifthe emissions unit is an existing EUSGU, utility steam generating unit, before beginning before beginning actual construction, the actual construction, the owner or operator owner or operator shall provide a copy of the shall provide a copy ofthe information set out information set out in OAC 252:100-8- in paragraph (r)(6)(i) ofthis section to the 36.2(c)(1) to the Director. Nothing in OAC reviewing authority. Nothing in this paragraph 252:1 00-8-36.2(c)(2) shall be construed to (r)(6)(ii) shall be construed to require the require the owner or operator of such a unit to
owner or operator of such a unit to obtain any obtain any determination tl·om the Director determination from the reviewing authority before beginning actual construction. before beginning actual construction. 

### Summary of Comparison: OAC 252:1 00-8-36.2(c)(2 )is substantively the
same as 40 CFR 51.166 (r)(6)(ii). (iii) The owner or operator shall monitor the (3) The owner or operator shall monitor the emissions of any regulated NSR pollutant that emissions of any regulated NSR pollutant that could increase as a result of the project and could increase as a result ofthe project and that is emitted by any emissions unit that is emitted by any emissions unit identified identified in paragraph (r)(6)(i)(b) ofthis in OAC 252:100-8-36.2(c)(l)(B); and calculate section; and calculate and maintain a record of and maintain a record ofthe annual emissions, the annual emissions, in tons per year on a in TPY on a calendar year basis, for a period of calendar year basis, for a period of 5 years 5 years following resumption ofregular following resumption ofregular operations operations after the change, or for a period of after the change, or for a period of 10 years 10 years following resumption ofregular following resumption ofregular operations operations after the change if the project

2 1/29/1640 CFR 51.166(r) 

### Source obligation 252:100-8-36.2. Source obligation after the change if the project increases the increases the design capacity or potential to design capacity or potential to emit ofthat emit of that regulated NSR pollutant at such regulated NSR pollutant at such emissions emissions unit. unit. Summary of Comparison: OAC 252100-8-36.2(c)(3) is substantively the
same as 40 CFR 51.166(r)(6)(iii). (iv) If the unit is an existing electric utility (4) If the unit is an existing EUSGU, the owner steam generating unit, the owner or operator or operator shall submit a repmt to the Director shall submit a report to the reviewing within 60 days after the end of each year authority within 60 days after the end of each during which records must be generated under year during which records must be generated OAC 252:100-8-36.2(c)(3) setting out the under paragraph (r)(6)(iii) of this section unit's annual emissions during the calendar setting out the unit's annual emissions during year that preceded submission ofthe report. the calendar year that preceded submission of the repmt. Summary of Comparison: OAC 252:100-8-36.2(c)(4) is substantively the
same as 40 CFR 51.166(r)(6)(iv). (v) If the unit is an existing unit other than an (5) If the unit is an existing unit other than an electric utility steam generating unit, the EUSGU, the owner or operator shall submit a owner or operator shall submit a report to the report to the Director if the annual emissions, reviewing authority if the annual emissions, in in TPY, from the project identified in OAC tons per year, from the project identified in 252:100-8-36.2(c)(l), exceed the baseline paragraph (r)(6)(i) ofthis section, exceed the actual emissions (as documented and baseline actual emissions (as documented and maintained pursuant to 252:100-8- maintained pursuant to paragraph (r)(6)(i)(c) 36.2(c)(1 

### )(C)) by an amount that is significant ofthis section) by a significant amount (as for that regulated NSR pollutant, and if such defined in paragraph (b)(23) ofthis section) emissions differ from the preconstruction for that regulated NSR pollutant, and if such projection as documented and maintained emissions differ from the preconstruction pursuant to 252:1 00-8-36.2(c

### )(1 )(C). Such projection as documented and maintained repott shall be submitted to the Director within pursuant to paragraph (r)(6)(i)(c) of this 60 days after the end of such year. The repmt section. Such report shall be submitted to the shall contain the following: reviewing authority within 60 days after the (A) The name, address and telephone end of such year. The report shall contain the number ofthe major stationmy source; following: (B) The annual emissions as calculated

(a) The name, address and telephone pursuant to OAC 252:1 00-8-36.2(c)(3); and number ofthe major stationary source; (C) Any other information that the owner (b) The annual emissions as calculated or operator wishes to include in the repmt pursuant to paragraph (r)(6)(iii) ofthis 

### (e.g., an explanation as to why the section; and emissions differ from the preconstruction (c) Any other information that the owner or projection). operator wishes to include in the report 

### ( e . 

### .e., an explanation as to why the emissions

3 1/29/1640 CFR 51.166(r) 

### Source obligation 252:100-8-36.2. Source obligation 

### differ from the preconstruction projection). Summary of Comparison: 

### OAC 252:100-8-36.2(c)(5) is substantively the
same as 40 CPR 51.166(r)(6)(v).
(vi) A "reasonable possibility" under Summary of Comparison: 

### paragraph (r)(6) ofthis section occurs when OAC 252:100-8-36.2(c) has no counterpart to the owner or operator calculates the project to 40 CPR 51.166(r)(6)(vi). The State rule result in either: does not include the "reasonable possibility" (a) 

### A projected actual emissions increase of provision contained in (r)(6)(vi), but requires at least 50 percent ofthe amount that is a all sources using the calculation method in "significant emissions increase," as defined (B)(i) through (iii) ofthe definition of under paragraph (b)(39) ofthis section "projected actual emissions" in 8-31 to comply (without reference to the amount that is a with subsection 8-36.2(c). This makes significant net emissions increase), for the 252:100-8-36.2(c) more stringent than the regulated NSR pollutant; or corresponding federal rule in 40 CPR (b) 

### A projected actual emissions increase 51.166(r)(6). that, added to the amount of emissions excluded under paragraph (b)(40)(ii)(c),
sums to at least 50 percent ofthe amount that is a "significant emissions increase," as defined under paragraph (b)(39) ofthis section (without reference to the amount that is a significant net emissions increase), for the regulated NSR pollutant. For a project for which a reasonable possibility
occurs only within the meaning of paragraph (r)(6)(vi)(b) ofthis section, and not also within the meaning ofparagraph fa1(r)(6)(vi)(a) ofthis section, then provisions fa1(r)(6)(ii) through (v) do not apply to the project. (7) Each plan shall provide that the owner or (6) The owner or operator ofthe source shall operator ofthe source shall make the make the information required to be information required to be documented and documented and maintained pursuant to OAC maintained pursuant to paragraph (r)(6) ofthis 252:100-8-36.2(c) available for review upon section available for review upon request for request for inspection by the Director or the inspection by the reviewing authority or the general public. general public pursuant to the requirements contained in §70.4(b)(3)(viii) ofthis chapter. Summary of Comparison: 

### OAC 252:100-36.2(c)(6) is equivalent to 40 CPR 51.166(r)(7).

4 

### 1/29/16