SCOTI A. THOMPSON 

Executive Director 

February 8, 2016 

OK L A H OMA DEIAITI.IENI OF ENVIION/o\ENIAL OUALIIY 

OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY 

CERTIFIED MAIL, RETURN RECEIPT REQUESTED 

Mr. Jeffrey Robinson, Chief, Air Permits Section 

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

1445 Ross Avenue, Suite 1200 

Dallas, TX 75202-2733 

MARY FALLIN 

Governor 

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. 

This submittal included amendments to Subchapters 1 and 8 in Title 252, Chapter 100 of the 

Oklahoma Administrative Code ("OAC") that became effective as permanent rules on June 15, 

2006. These amendments incorporate the requirements of the EPA's NSR Reform and revise a 

definition in the Prut 70 program. 

The NSR Refmm revised the procedures 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 use the 

applicability detetmination most appropriate to their project. In conjunction with the new 

applicability determination procedures, the NSR Reform added the "reasonable possibility" 

standard for the PSD program. 

The "reasonable possibility" standard in 40 CFR 51.166(r)(6)(i) through (vi) identifies the 

criteria under which an owner or operator of a major stationary source undergoing a physical 

change or change in the method of operation that does 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 51.166(b)(40)(ii)(a) through (c) for calculating projected 

actual emissions in making the applicability determination. The recordkeeping and repmting 

requirements in 40 CFR 51. 166(r)(6)(i) through (v) will apply if there is a "reasonable 

possibility," within the meaning of 40 CFR 51.166(r)(6)(vi) that a project that is not a part of a 

major modification may result in a significant emissions increase of such pollutant. 

707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101 -1677 

printed on recycled paper wilh 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 of paragraph 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) of the 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 of the 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 of the project; 

(b) Identification of the emissions unit(s) (B) Identification of the 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 of the 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) of this 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: I 00-8-36.2(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) If the 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 of the information set out information set out in OAC 252:100-8-

in paragraph (r)(6)(i) of this 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) of this in OAC 252:100-8-36.2(c)(l)(B); and calculate 

section; and calculate and maintain a record of and maintain a record of the 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 of regular 

following resumption of regular operations operations after the change, or for a period of 

after the change, or for a period of 10 years 10 years following resumption of regular 

following resumption of regular operations operations after the change if the project 

2 1/29/16 
40 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 of that 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 of the 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) of this 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) of this 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 of the 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) of this (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 1/29/16 
40 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) of this 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 of the 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) of this 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 of the amount 

that is a "significant emissions increase," as 

defined under paragraph (b)(39) of this 

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) of this section, and 

not also within the meaning of paragraph 

fa1(r)(6)(vi)(a) of this 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 of the source shall 

operator of the 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) of this chapter. Summary of Comparison: 

OAC 252:100-36.2(c)(6) is equivalent to 40 

CPR 51.166(r)(7). 

4 1/29/16