1

Technical Support Document

Oklahoma Permits SIP Revisions

EPA’s Evaluation of Revisions to the Major New Source Review 

Permitting Provisions in the Oklahoma SIP at 

OAC 252:100, Subchapter 1 – General Provisions

OAC 252:100, Subchapter 3 – Air Quality Standards and 

Increments

OAC 252:100, Appendices

OAC 252:100, Subchapter 5 – Registration, Emission Inventory, 

and Annual Operating Fees

OAC 252:100, Subchapter 8 – Permits for Part 70 Sources

Submitted on: June 24, 2010; July 16, 2010; December 27, 2010; 

February 6, 2012; and January 18, 2013

June 8, 2016

FOR FURTHER INFORMATION CONTACT: Ms. Adina Wiley, United States Environmental 

Protection Agency Region 6, Air Permits Section (6MM-AP), 1445 Ross Avenue, Dallas, Texas 

75202-2733, (214) 665-2115. 
2

Contents.......................................................................................................................................... 2

I. Executive Summary............................................................................................................ 4

A. What actions are evaluated in this Technical Support Document? ....................... 4

B. What actions are not evaluated in this Technical Support Document?................. 8

II. Technical Evaluation ........................................................................................................ 14

A. Evaluation of General Provisions for the Oklahoma SIP ..................................... 14

1. Evaluation of OAC 252:100-1-1. Purpose.................................................................. 15

2. Evaluation of OAC 252:100-1-2. Statutory definitions.............................................. 16

3. Evaluation of OAC 252:100-1-3. General Definitions............................................... 17

4. Evaluation of OAC 252:100-1-4. Units, abbreviations, and acronyms. ..................... 69

5. Evaluation of OAC 252:100-2-1. Purpose.................................................................. 74

6. Evaluation of OAC 252:100-2-3. Incorporation by Reference................................... 75

7. Evaluation of OAC 252:100-3-4. Air Quality Standards and Increments, Significant 

Deterioration Increments. ........................................................................................... 76

8. Evaluation of OAC 252:100, Appendix P – Regulated Air Pollutants (RAP) ........... 79

9. Evaluation of OAC 252:100, Appendix Q – Incorporation by Reference.................. 81

B. Evaluation of Revisions to OAC 252:100, Subchapter 5 – Registration, Emission 

Inventory, and Annual Operating Fees .............................................................................. 110

1. OAC 252:100-5-1. Purpose. ..................................................................................... 111

2. Evaluation of Revisions to OAC 252:100-5-1.1, Definitions................................... 111

3. OAC 252:100-5-2. Registration of Potential Sources of Air Contaminants............. 114

4. Evaluation of Revisions to OAC 252:100-5-2.1, Emission Inventory ..................... 115

5. OAC 252:100-5-2.2. Annual Operating Fees. .......................................................... 121

6. OAC 252:100-5-3. Confidentiality of Proprietary Information................................ 123

C. Evaluation of Revisions to OAC 252:100, Subchapter 8 – Permits for Part 70 

Sources and Major New Source Review (NSR) Sources, Part 1 – General Provisions.. 124

1. Evaluation of OAC 252:100-8-1 Purpose................................................................. 125

2. Evaluation of OAC 252:100-8-1.1. Definitions........................................................ 126

3. Evaluation of OAC 252:100-8-1.2. General Information......................................... 133

4. Evaluation of OAC 252:100-8-1.3. Duty to Comply................................................ 134

5. Evaluation of OAC 252:100-8-1.4. Cancellation or extension of a construction permit 

or authorization under a general construction permit. .............................................. 135

6. Evaluation of OAC 252:100-8-1.5. Stack height limitations.................................... 136

D. Evaluation of Prevention of Significant Deterioration Permit Program Revisions

138

1. Evaluation of OAC 252:100-8-30. Applicability...................................................... 139
3

2. Evaluation of OAC 252:100-8-31. Definitions......................................................... 144

3. Evaluation of OAC 252:100-8-32. Source Applicability Determination. ................ 176

4. Evaluation of OAC 252:100-8-32.1. Ambient Air Increments and Ceilings. .......... 178

5. Evaluation of OAC 252:100-8-32.2. Exclusion from Increment Consumption. ...... 179

6. Evaluation of OAC 252:100-8-32.3. Stack Heights. ................................................ 181

7. Evaluation of OAC 252:100-8-33. Exemptions........................................................ 182

8. Evaluation of OAC 252:100-8-34. Control Technology Review. ............................ 196

9. Evaluation of OAC 252:100-8-35. Air Quality Impact Evaluation.......................... 198

10. Evaluation of OAC 252:100-8-35.1. Source Information. ....................................... 208

11. Evaluation of OAC 2520-8-35.2. Additional Impact Analyses................................ 210

12. Evaluation of OAC 252:100-8-36. Source Impacting Class I Areas. ....................... 211

13. Evaluation of OAC 252:100-8-36.2. Source Obligation. ......................................... 214

14. Evaluation of OAC 252:100-8-37. Innovative Control Technology. ....................... 217

15. Evaluation of OAC 252:100-8-38. Actuals PALs. ................................................... 220

16. Evaluation of OAC 252:100-8-39. Severability. ...................................................... 222

17. Evaluation of the Revisions to the Oklahoma Prevention of Significant Deterioration 

Review Program with Respect to federal PSD Requirements.................................. 223

E. Evaluation of Nonattainment New Source Review Provisions........................... 232

1. Evaluation of OAC 252:100-8-50 Applicability....................................................... 233

2. Evaluation of OAC 252:100-8-50.1. Incorporation by Reference............................ 238

3. Evaluation of OAC 252:100-8-51 Definitions.......................................................... 241

4. Evaluation of OAC 252:100-8-51.1 Emission Reductions and Offsets. .................. 251

5. Evaluation of OAC 252:100-8-52. Applicability Determination for Sources in 

Attainment Areas Causing or Contributing to NAAQS Violations.......................... 253

6. Evaluation of OAC 252:100-8-54. Requirements for Sources Located in 

Nonattainment Areas. ............................................................................................... 264

7. Evaluation of OAC 252-100:8-54.1 Ozone and PM10 Precursors. ........................... 266

8. Evaluation of OAC 252:100-8-55. Source Obligation. ............................................ 267

9. Evaluation of OAC 252:100-8-56. Actual PAL. ...................................................... 269

10. Evaluation of OAC 252:100-8-57. Severability. ...................................................... 271

11. Evaluation of the Oklahoma Nonattainment New Source Review Program Revisions 

with respect to the federal requirements for Permitting in Nonattainment Areas .... 272

III. Conclusion ...................................................................................................................... 280
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I. Executive Summary

This Technical Support Document (TSD) reviews revisions to the Oklahoma State 

Implementation Plan (SIP) for major New Source Review (NSR) permitting under the Clean Air 

Act. This review will determine if the revisions to the Oklahoma SIP are consistent with the 

requirements of the CAA and EPA’s regulations, policy and guidance.

A. What actions are evaluated in this Technical Support Document?

EPA’s most recent approval of revisions to the Oklahoma SIP for major NSR permitting 

requirements at Oklahoma Administrative Code (OAC), Title 252, Chapter 100, Subchapter 8 

(OAC 252:100 – 8) was published on November 26, 2010 at 75 FR 72695 and included revisions 

adopted by the Oklahoma Department of Environmental Quality (ODEQ) through June 11, 2001. 

Since EPA’s approval action, the ODEQ has adopted and submitted several revisions to the 

Oklahoma major NSR permitting program and the general Oklahoma SIP to support major NSR 

permitting as follows:

June 24, 2010

The June 24, 2010 submittal included revisions made to the permit regulations at OAC 252:100-

8, effective on June 1, 2002; June 1, 2003; June 15, 2005; and July 1, 2009. 

July 16, 2010

The ODEQ submitted two SIP revisions on July 16, 2010. 

• The July 16, 2010, permitting submittal included revisions to the General Definitions in 

support of major NSR permitting at OAC 252:100-1-3 and the major source permit 

regulations at OAC 252:100 – 8 that were effective on June 15, 2006, to address NSR 

Reform requirements. 

• The July 16, 2010, general SIP submittal included revisions to the General Definitions in 

support of major NSR permitting at OAC 252: 100 – 1 – 3 to support major NSR 

permitting, which were effective on June 12, 2003; July 1, 2008; and July 1, 2009. This 

submittal also included revisions to the General Provisions, Units, Abbreviations and 

Acronyms at OAC 252:100-1-4 effective on June 12, 2003 and July 1, 2009. The general 

submittal also included revisions to the Registration, Emission Inventory, and Annual 

Operating Fee provisions at OAC 252:100-5 that were effective on June 11, 2004; June 

15, 2007; and July 1, 2009. Finally, this general SIP submittal included OAC 252:100, 

Appendix P to establish the list of Regulated Air Pollutants, effective June 15, 2007.

December 27, 2010

The December 27, 2010 submittal includes revisions to the PSD increments listed at OAC 

252:100-3-4, effective on June 15, 2005.

February 6, 2012

The February 6, 2012 submittal included revisions to the following sections of OAC 252:100-8 

that were effective on July 1, 2011. This submittal also included revisions to the General 

Definitions at OAC 252: 100 – 1 – 3 and OAC 252:100 – 1 – 4, OAC 252: 100 – 3 – 4, and OAC 

252: 100, Appendix E that support major NSR permitting. The majority of these provisions are 

for the regulation and permitting of emissions of GHGs and PM2.5.
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January 18, 2013

The January 18, 2013 submittal included revisions to the following sections of OAC 252:100 – 8 

effective July 1, 2012. This submittal also included revisions to the General Definitions at OAC 

252: 100 – 1 – 3 that support major NSR permitting. This submittal represents the Annual 2012 

Update and includes the GHG Biomass Deferral provisions. 

Tables 1 – 3 below identify the sections within OAC 252:100 – 1, OAC 252:100 – 5, and OAC 

252: 100 – 8 that support the major NSR permitting programs and are before EPA for SIP review 

and consideration.

Table 1: Summary of General Revisions to the Oklahoma SIP

Section Title Effective Date Submittal Date

OAC 252:100-1-1 General Provisions, 

Purpose

June 12, 2003 July 16, 2010

OAC 252:100-1-2 General Provisions, 

Statutory definitions

June 12, 2003 July 16, 2010

OAC 252: 100 – 1 – 3 General Provisions, 

Definitions

June 12, 2003 July 16, 2010

July 1, 2008 July 16, 2010

July 1, 2009 July 16, 2010

June 15, 2006 July 16, 2010

July 1, 2011 February 6, 2012

July 1, 2012 January 18, 2013

OAC 252: 100 – 1 – 4 General Provisions, 

Units, Abbreviations and 

acronyms

June 12, 2003 July 16, 2010

July 1, 2009 July 16, 2010

July 1, 2011 February 6, 2012

OAC 252:100-2-1 Incorporation by 

Reference (IBR) Purpose

July 1, 2012 January 18, 2013

OAC 252:100-2-3 IBR, Incorporation by 

Reference

July 1, 2012 January 18, 2013

OAC 252: 100 – 3 – 4 Air Quality Standards 

and Increments, 

Significant Deterioration 

Increments

June 15, 2005 December 27, 2010

July 1, 2011 February 6, 2012

OAC 252:100, Appendix P Regulated Air Pollutants June 15, 2007 July 16, 2010

OAC 252:100, Appendix Q Incorporation by 

Reference

July 1, 2009 July 16, 2010

July 1, 2012 January 18, 2013
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Table 2: Summary of Revisions to OAC 252:100-5 Included in this Action

Section Title Effective Date Submittal Date

OAC 252:100-5-1.1 Definitions June 15, 2007 July 16, 2010

OAC 252:100-5-2.1 Emission Inventory June 11, 2004 July 16, 2010

June 15, 2007 July 16, 2010

Table 3: Summary of Revisions to OAC 252:100 – 8 Included in this Action

Section Title Effective Date Submittal Date

OAC 252: 100 – 8 – 1.1 General Provisions, 

Definitions

June 15, 2006 July 16, 2010

OAC 252:100 – 8 – 30 Prevention of 

Significant 

Deterioration (PSD) 

Requirements for 

Attainment Areas, 

Applicability

June 1, 2009 June 24, 2010

June 15, 2006 July 16, 2010

OAC 252:100 – 8 – 31 PSD, Definitions June 1, 2009 June 24, 2010

June 15, 2006 July 16, 2010

July 1, 2011 February 6, 2012

July 1, 2012 January 18, 2013

OAC 252: 100 – 8 – 32 PSD, Source 

Applicability 

Determination

REVOKED

June 15, 2006

REVOKED

July 16, 2010

OAC 252:100 – 8 – 32.1 PSD Ambient Air 

Increments and Ceilings

June 15, 2006 July 16, 2010

OAC 252: 100 – 8 – 32.2 PSD Exclusion from 

Increment Consumption

June 15, 2006 July 16, 2010

OAC 252: 100 – 8 – 32.3 PSD Stack Heights June 15, 2006 July 16, 2010

OAC 252: 100 – 8 – 33 PSD, Exemptions June 1, 2009 June 24, 2010

June 15, 2006 July 16, 2010

July 1, 2011 February 6, 2012

July 1, 2012 January 18, 2013

OAC 252: 100 – 8 – 34 PSD, Control 

Technology Review

June 15, 2006 July 16, 2010

OAC 252: 100 – 8 – 35 PSD Air Quality Impact 

Evaluation

June 15, 2006 July 16, 2010

July 1, 2011 February 6, 2012

OAC 252: 100 – 8 – 35.1 PSD Source 

Information

June 15, 2006 July 16, 2010
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Table 3: Summary of Revisions to OAC 252:100 – 8 Included in this Action

Section Title Effective Date Submittal Date

OAC 252: 100 – 8 – 35.2 PSD Additional Impact 

Analyses

June 15, 2006 July 16, 2010

OAC 252: 100 – 8 – 36 PSD Source Impacting 

Class I Areas

June 15, 2006 July 16, 2010

OAC 252: 100 – 8 – 36.2 PSD Source Obligation June 15, 2006 July 16, 2010

OAC 252: 100 – 8 – 37 PSD, Innovative 

Control Technology

June 1, 2009 June 24, 2010

June 15, 2006 July 16, 2010

OAC 252: 100 – 8 – 38 PSD, Actuals PAL June 1, 2009 June 24, 2010

June 15, 2006 July 16, 2010

OAC 252: 100 – 8 – 39 PSD Severability June 15, 2006 July 16, 2010

OAC 252: 100 – 8 – 50 Majors Affecting 

Nonattainment Areas 

(NNSR), Applicability

June 1, 2009 June 24, 2010

June 15, 2006 July 16, 2010

OAC 252: 100 – 8 – 50.1 NNSR, Incorporation 

by Reference

June 1, 2009 June 24, 2010

June 15, 2006 July 16, 2010

July 1, 2011 February 6, 2012

OAC 252: 100 – 8 – 51 NNSR, Definitions June 1, 2009 June 24, 2010

June 15, 2006 July 16, 2010

July 1, 2011 February 6, 2012

OAC 252: 100 – 8 – 51.1 NNSR Emission 

reductions and offsets

June 15, 2006 July 16, 2010

July 1, 2011 February 6, 2012

July 1, 2012 January 18, 2013

OAC 252: 100 – 8 – 52 NNSR, Applicability 

determination for 

sources in attainment 

areas causing or 

contributing to NAAQS 

violations

June 1, 2009 June 24, 2010

June 15, 2006 July 16, 2010

July 1, 2011 February 6, 2012

OAC 252: 100 – 8 – 53 NNSR, Exemptions June 1, 2009 June 24, 2010

June 15, 2006 July 16, 2010

OAC 252: 100 – 8 – 54 NNSR Requirements 

for sources located in 

nonattainment areas

June 15, 2006 July 16, 2010

OAC 252: 100 – 8 – 54.1 NNSR, Ozone and 

PM10 precursors

June 1, 2009 June 24, 2010
8

Table 3: Summary of Revisions to OAC 252:100 – 8 Included in this Action

Section Title Effective Date Submittal Date

OAC 252: 100 – 8 – 55 NNSR, Source 

Obligation

June 1, 2009 June 24, 2010

June 15, 2006 July 16, 2010

OAC 252: 100 – 8 – 56 NNSR, Actual PAL June 1, 2009 June 24, 2010

June 15, 2006 July 16, 2010

OAC 252: 100 – 8 – 57 NNSR Severability June 15, 2006 July 16, 2010

B. What actions are not evaluated in this Technical Support Document?

This TSD will only evaluate the SIP revisions pertaining to major PSD and NNSR source 

permitting under OAC 252:100-8 or general updates to the Oklahoma SIP that support the major 

source title I permitting. All other revisions to the Oklahoma SIP are severed from our action as 

unrelated to permitting. The following table indicates which portions of the submittal are not part 

of our review.

Table 4: Summary of Revisions NOT Included in this Action EPA Action

Section Title Effective Date Submittal 

Date

OAC 252:100-

1-3

General 

Provisions, 

Definitions

July 1, 2012 January 18, 

2013

Revisions to the definition of “carbon 

dioxide equivalent emissions” to 

implement the GHG Biomass 

Deferral were disapproved on May 

23, 2016. See 81 FR 32239.

OAC 252:100-

7-2.1

Permits for Minor 

Facilities, Minor 

Permits for 

greenhouse gas 

(GHG) emitting 

facilities

July 1, 2011 February 6, 

2012

Proposed disapproval 01/11/2016. 

See 81 FR 1141.

Final disapproval 05/23/2016. See 81 

FR 32239.

OAC 252:100-

8-2

Definitions June 1, 2003 June 24, 2010 EPA will address in a separate action.

June 15, 2005 June 24, 2010

June 15, 2006 July 16, 2010

June 1, 2009 June 24, 2010

July 1, 2011 February 6, 

2012

July 1, 2012 January 18, 

2013

OAC 252:100-

8-4

Requirements for 

Construction and 

Operating Permits

June 15, 2005 June 24, 2010 EPA will address in a separate action.

June 1, 2009 June 24, 2010

July 1, 2012 January 18, 

2013

OAC 252:100-

8-5

Permit 

Applications

June 1, 2003 June 24, 2010 EPA will address in a separate action.

OAC 252:100 

– 8 – 6

Permit Content June 15, 2005 June 24, 2010 EPA will address in a separate action.
9

Table 4: Summary of Revisions NOT Included in this Action EPA Action

Section Title Effective Date Submittal 

Date

OAC 252:100 

– 8 – 6.1

General Permits June 15, 2005 June 24, 2010 EPA will address in a separate action.

OAC 252:100 

– 8 – 6.3

Special Provisions 

for affected (acid 

rain) sources

June 15, 2005 June 24, 2010 EPA will address in a separate action.

OAC 252:100 

– 8- 7

Permit Issuance June 15, 2005 June 24, 2010 EPA will address in a separate action.

OAC 252:100 

– 8 – 7.2

Administrative 

Permit 

Amendments and 

Permit 

Modifications

June 1, 2003 June 24, 2010 EPA will address in a separate action.

OAC 252:100 

– 8 – 8

Permit Review by 

EPA and Affected 

States

June 1, 2002 June 24, 2010 EPA will address in a separate action.

OAC 252:100-

8-31

PSD, Definitions July 1, 2011 February 6, 

2012

Paragraph (E) of the “subject to 

regulation” definition to implement 

Step 2 GHG permitting disapproved 

on May 23, 2016. See 81 FR 32239.

July 1, 2012 January 18, 

2013

Revisions to the definition of “subject 

to regulation” definition to implement 

the GHG Biomass Disapproval 

disapproved on May 23, 2016. See 81 

FR 32239.

OAC 252:100-

8-36.1

PSD Public 

Participation

June 15, 2006 July 16, 2010 EPA will address in a separate action.

OAC 252:100-

15

Motor Vehicle 

Pollution Control 

Devices 

(REVOKED)

July 1, 2010 December 27, 

2010

Approved 11/3/2015. See 80 FR 

67647.

OAC 252:100-

17-1

Incinerators, 

General 

Provisions, 

Purpose

July 11, 2012 January 18, 

2013

Approved 11/3/2015. See 80 FR 

67647.

OAC 252:100-

17-1.1

Incinerators, 

General 

Provisions, 

Reference to 40 

CFR

July 11, 2012 January 18, 

2013

Approved 11/3/2015. See 80 FR 

67647.

OAC 252:100-

17-1.2

Incinerators, 

General 

Provisions, 

Terminology 

Related to 40 

CFR 

(REVOKED)

July 11, 2012 January 18, 

2013

Approved 11/3/2015. See 80 FR 

67647.

OAC 252:100-

17-1.3

Incinerators, 

General 

Provisions, 

Incinerators and 

fuel-burning 

July 11, 2012 January 18, 

2013

Approved 11/3/2015. See 80 FR 

67647.
10

Table 4: Summary of Revisions NOT Included in this Action EPA Action

Section Title Effective Date Submittal 

Date

equipment or 

units

OAC 252:100-

17-2

Incinerators, 

General Purpose 

Incinerators, 

Applicability

July 11, 2012 January 18, 

2013

Approved 11/3/2015. See 80 FR 

67647.

OAC 252:100-

17-2.1

Incinerators, 

General Purpose 

Incinerators, 

Exemptions

July 11, 2012 January 18, 

2013

Approved 11/3/2015. See 80 FR 

67647.

OAC 252:100-

17-2.2

Incinerators, 

General Purpose 

Incinerators, 

Definitions

July 11, 2012 January 18, 

2013

Approved 11/3/2015. See 80 FR 

67647.

OAC 252:100-

17-4

Incinerators, 

General Purpose 

Incinerators, 

Particulate Matter

July 11, 2012 January 18, 

2013

Approved 11/3/2015. See 80 FR 

67647.

OAC 252:100-

17-5

Incinerators, 

General Purpose 

Incinerators, 

Incinerator design 

and operation 

requirements

July 11, 2012 January 18, 

2013

Approved 11/3/2015. See 80 FR 

67647.

OAC 252:100-

17-7

Incinerators, 

General Purpose 

Incinerators, Test 

Methods

July 11, 2012 January 18, 

2013

Approved 11/3/2015. See 80 FR 

67647.

OAC 252:100-

17-8

Incinerators, 

General 

Biomedical Waste 

Incinerators, 

Applicability

July 11, 2012 January 18, 

2013

Approved 11/3/2015. See 80 FR 

67647.

OAC 252:100-

17-9

Incinerators, 

General 

Biomedical Waste 

Incinerators, 

Definitions

July 11, 2012 January 18, 

2013

Approved 11/3/2015. See 80 FR 

67647.

OAC 252:100-

17-10

Incinerators, 

General 

Biomedical Waste 

Incinerators, 

Design and 

operation

July 11, 2012 January 18, 

2013

Approved 11/3/2015. See 80 FR 

67647.

OAC 252:100-

17-11

Incinerators, 

General 

Biomedical Waste 

Incinerators, 

Emission limits

July 11, 2012 January 18, 

2013

Approved 11/3/2015. See 80 FR 

67647.

OAC 252:100-

19-1.1

Control of 

Emission of 

Particulate 

July 1, 2009 July 16, 2010 Approved 11/3/2015. See 80 FR 

67647.
11

Table 4: Summary of Revisions NOT Included in this Action EPA Action

Section Title Effective Date Submittal 

Date

Matter, 

Definitions

OAC 252:100-

19-11

Control of 

Emission of 

Particulate 

Matter, Allowable 

particulate matter 

emission rates 

from combine

July 1, 2009 July 16, 2010 Approved 11/3/2015. See 80 FR 

67647.

OAC 252:100-

25-3

Visible Emissions 

and Particulates, 

Opacity Limit

July 1, 2009 July 16, 2010 Approved 11/3/2015. See 80 FR 

67647.

OAC 252:100-

31-1

Control of Sulfur 

Compounds, 

General 

Provisions, 

Purpose

July 1, 2012 January 18, 

2013

Provisions for the Control of Sulfur 

Compounds will be evaluated by EPA 

separately in another action. These 

provisions are independent of the 

major NSR permitting program; thus 

severable from our current action on 

major NSR permitting.

OAC 252:100-

31-2

Control of Sulfur 

Compounds, 

General 

Provisions, 

Definitions

July 1, 2012 January 18, 

2013

Provisions for the Control of Sulfur 

Compounds will be evaluated by EPA 

separately in another action. These 

provisions are independent of the 

major NSR permitting program; thus 

severable from our current action on 

major NSR permitting.

OAC 252:100-

31-4

Control of Sulfur 

Compounds, 

General 

Provisions, 

Excess Emission 

Reporting and 

alternative 

reporting schedule

July 1, 2012 January 18, 

2013

Provisions for the Control of Sulfur 

Compounds will be evaluated by EPA 

separately in another action. These 

provisions are independent of the 

major NSR permitting program; thus 

severable from our current action on 

major NSR permitting.

OAC 252:100-

31-7

Control of Sulfur 

Compounds, 

Ambient Air 

Concentration 

Limits or Impacts 

for New and 

Existing 

Equipment, 

Sources, or 

Facilities, 

Allowable 

hydrogen sulfide 

ambient air 

concentrations for 

new and existing 

sources

July 1, 2012 January 18, 

2013

Provisions for the Control of Sulfur 

Compounds will be evaluated by EPA 

separately in another action. These 

provisions are independent of the 

major NSR permitting program; thus 

severable from our current action on 

major NSR permitting.

OAC 252:100-

31-13

Control of Sulfur 

Compounds, 

July 1, 2012 January 18, 

2013

Provisions for the Control of Sulfur 

Compounds will be evaluated by EPA 
12

Table 4: Summary of Revisions NOT Included in this Action EPA Action

Section Title Effective Date Submittal 

Date

Existing 

Equipment 

Standards, 

Requirements for 

existing sulfuric 

acid plants

separately in another action. These 

provisions are independent of the 

major NSR permitting program; thus 

severable from our current action on 

major NSR permitting.

OAC 252:100-

31-15

Control of Sulfur 

Compounds, 

Existing 

Equipment 

Standards, 

Requirements for 

existing kraft pulp 

mills

July 1, 2012 January 18, 

2013

Provisions for the Control of Sulfur 

Compounds will be evaluated by EPA 

separately in another action. These 

provisions are independent of the 

major NSR permitting program; thus 

severable from our current action on 

major NSR permitting.

OAC 252:100-

31-16

Control of Sulfur 

Compounds, 

Existing 

Equipment 

Standards, 

Requirements for 

existing fossil 

fuel-fired steam 

generators

July 1, 2012 January 18, 

2013

Provisions for the Control of Sulfur 

Compounds will be evaluated by EPA 

separately in another action. These 

provisions are independent of the 

major NSR permitting program; thus 

severable from our current action on 

major NSR permitting.

OAC 252:100-

31-25

Control of Sulfur 

Compounds, New 

Equipment 

Standards, 

Requirements for 

new fuel-burning 

equipment

July 1, 2012 January 18, 

2013

Provisions for the Control of Sulfur 

Compounds will be evaluated by EPA 

separately in another action. These 

provisions are independent of the 

major NSR permitting program; thus 

severable from our current action on 

major NSR permitting.

OAC 252:100-

31-26

Control of Sulfur 

Compounds, New 

Equipment 

Standards, 

Requirements for 

new petroleum 

and natural gas 

processes

July 1, 2012 January 18, 

2013

Provisions for the Control of Sulfur 

Compounds will be evaluated by EPA 

separately in another action. These 

provisions are independent of the 

major NSR permitting program; thus 

severable from our current action on 

major NSR permitting.

OAC 252:100-

31-27

Control of Sulfur 

Compounds, New 

Equipment 

Standards, Pulp 

Mills

July 1, 2012 January 18, 

2013

Provisions for the Control of Sulfur 

Compounds will be evaluated by EPA 

separately in another action. These 

provisions are independent of the 

major NSR permitting program; thus 

severable from our current action on 

major NSR permitting.

OAC 252:100-

33-1.1

Control of 

Emission of 

Nitrogen Oxides, 

Definitions

June 1, 2004 July 16, 2010 Provisions for the Control of 

Emission of Nitrogen Oxides will be 

evaluated by EPA separately in 

another action. These provisions are 

independent of the major NSR 

permitting program; thus severable 

July 1, 2009
13

Table 4: Summary of Revisions NOT Included in this Action EPA Action

Section Title Effective Date Submittal 

Date

from our current action on major 

NSR permitting.

OAC 252:100-

33-1.2

Control of 

Emission of 

Nitrogen Oxides, 

Applicability

June 1, 2004 July 16, 2010 Provisions for the Control of 

Emission of Nitrogen Oxides will be 

evaluated by EPA separately in 

another action. These provisions are 

independent of the major NSR 

permitting program; thus severable 

from our current action on major 

NSR permitting.

July 1, 2009

OAC 252:100-

33-2

Control of 

Emission of 

Nitrogen Oxides, 

Emission Limits

July 1, 2009 July 16, 2010 Provisions for the Control of 

Emission of Nitrogen Oxides will be 

evaluated by EPA separately in 

another action. These provisions are 

independent of the major NSR 

permitting program; thus severable 

from our current action on major 

NSR permitting.

OAC 252:100, 

Appendix A

Allowable 

Particulate Matter 

Emission Rate for 

Incinerators

July 1, 2012 January 18, 

2013

Approved 11/3/2015. See 80 FR 

67647.

OAC 252:100, 

Appendix C

Allowable 

Particulate Matter 

Emission Rates 

for Indirectly 

Fired FuelBurning Units

July 1, 2009 July 16, 2010 Approved 11/3/2015. See 80 FR 

67647.

OAC 252:100, 

Appendix D

Allowable 

Particulate Matter 

Emission Rates 

for Indirectly 

Fired Wood-Fuel 

Burning Units

July 1, 2009 July 16, 2010 Approved 11/3/2015. See 80 FR 

67647.

OAC 252:100, 

Appendix E

Primary Ambient 

Air Quality 

Standards

July 1, 2009 July 16, 2010 Approved 11/3/2015. See 80 FR 

July 1, 2010 December 27, 67647.

2010

July 1, 2011 February 6, 

2012

OAC 252:100, 

Appendix F

Secondary 

Ambient Air 

Quality Standards

July 1, 2009 July 16, 2010 Approved 11/3/2015. See 80 FR 

July 1, 2010 December 27, 67647.

2010

OAC 252:100, 

Appendix G

Allowable 

Particulate Matter 

Emission Rates 

for Directly Fired 

Fuel-Burning 

Units and 

Industrial Process

July 1, 2009 July 16, 2010 Approved 11/3/2015. See 80 FR 

67647.
14

II. Technical Evaluation

The following analysis will evaluate the revisions to the Oklahoma SIP:

A. Evaluation of General Provisions for the Oklahoma SIP

This section evaluates the changes submitted to the general provisions portions of the Oklahoma 

SIP. These changes are germane to all air quality programs covered by the Oklahoma SIP. The 

evaluation of each provision of the Oklahoma PSD program includes the following sections:

• Background. This section includes a chronology of the current SIP and each amendment 

that was submitted to EPA for SIP approval. This section also defines the proposed action 

EPA is reviewing.

• Evaluation Matrix. This section includes a table which sets forth the text of each 

submitted SIP amendment, and an annotation of the changes of each SIP amendment. 

Standard editing conventions will be used such that new text is underlined and deleted 

text is struck out. The right hand column of each matrix will include EPA’s evaluation of 

the submitted amendments.

• Additional Comments. When necessary, this section will include additional comments 

related to EPA’s evaluation of the provision, including any extended comments related to 

information in the right hand column of the applicable evaluation matrix.
15

1. Evaluation of OAC 252:100-1-1. Purpose.

Background of OAC 252:100-1-1. Purpose.

• The Oklahoma SIP includes OAC 252:100-1-1, as adopted by the ODEQ on May 16, 1994, effective on May 26, 1994. EPA 

approved this provision on November 3, 1999, see 64 FR 59629.

• ODEQ has submitted one revision to the Purpose provisions for the Oklahoma SIP.

o Revisions effective June 12, 2003; submitted July 16, 2010,

The following table includes EPA’s evaluation of the revisions to OAC 252:100-1-1.

Evaluation of Revisions to OAC 252:100-1-1 EPA’s Evaluation

OAC 252:100-1-1 Purpose.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

It is the purpose of this Subchapter to provide 

definitions of words and phrases used in the field of 

air pollution and which are consistent with accepted 

usage. The definitions contained in the Oklahoma 

Clean Air Act, under which this regulation is 

promulgated, shall also apply. Definitions having 

specialized applications are followed by 

parenthetical citations to the particular Subchapter 

wherein they are used.

Revisions effective June 12, 2003, Submitted July 16, 

2010

This Subchapter provides definitions of words and 

phrases used in Chapter 100. The definitions 

contained in the Oklahoma Clean Air Act, under 

which this regulation is promulgated, shall also 

apply. The Subchapter also contains a list of 

commonly used units with their abbreviations and a 

list of commonly used acronyms.

It is the purpose of this Subchapter to provide 

definitions of words and phrases used in the field of 

air pollution and which are consistent with accepted 

usage. The definitions contained in the Oklahoma 

Clean Air Act, under which this regulation is 

promulgated, shall also apply. Definitions having 

specialized applications are followed by 

parenthetical citations to the particular Subchapter 

wherein they are used.

The revisions to the purpose statement under 

OAC 252:100-1-1 submitted on July 16, 2010 

are approvable. The revisions identify the 

terms and phrases used in the Oklahoma SIP.
16

2. Evaluation of OAC 252:100-1-2. Statutory definitions.

Background of OAC 252:100-1-2. Statutory definitions.

• The Oklahoma SIP includes OAC 252:100-1-2, as adopted by the ODEQ on May 16, 1994, effective on May 26, 1994. EPA 

approved this provision on November 3, 1999, see 64 FR 59629.

• ODEQ has submitted one revision to the Statutory Definitions for the Oklahoma SIP.

o Revisions effective June 12, 2003; submitted July 16, 2010,

The following table includes EPA’s evaluation of the revisions to OAC 252:100-1-2.

Evaluation of Revisions to OAC 252:100-1-2 EPA’s Evaluation

OAC 252:100-1-2 Statutory Definitions.

SIP-Approved by EPA on November 3, 1999. 

As effective May 26, 1994

The definitions contained in the Oklahoma Clean Air 

Act, 27A O.S. 1993 Supp. Sec. 2-5-101 et seq., under 

which this Chapter is promulgated, shall also apply:

(1) board,

(2) department,

(3) Executive Director,

(4) council,

(5) director,

(6) person,

(7) air pollution, and

(8) air contaminants.

Revisions effective June 12, 2003, Submitted July 16, 

2010

The definitions contained in the Oklahoma 

Environmental Quality Code at 27A O.S. Sections 2-

01-102 and 2-05-101(2002) Oklahoma Clean Air Act, 

27A O.S. 1993 Supp. Sec. 2-5-101 et seq., under 

which this Chapter is promulgated, shall also apply

for the following terms.:

1. Air contaminants,

2. Air pollution

3. Council

4. Department,

5. Director,

6. Executive Director, and

7. Person.

(1) board,

(2) department,

(3) Executive Director,

(4) council,

(5) director,

(6) person,

(7) air pollution, and

(8) air contaminants.

The revisions to the statutory definitions

under OAC 252:100-1-2 submitted on July 

16, 2010 are approvable. The revisions 

identify the definitions used in the 

Oklahoma SIP.
17

3. Evaluation of OAC 252:100-1-3. General Definitions.

Background of OAC 252:100-1-3. General Definitions.

• The Oklahoma SIP includes OAC 252:100-1-3, as adopted by the ODEQ on May 16, 1994, effective on May 26, 1994. EPA 

approved this provision on November 3, 1999, see 64 FR 59269.

• ODEQ has submitted six revisions to the Applicability provisions for PSD.

o Revisions effective June 12, 2003; submitted July 16, 2010,

o Revisions effective July 1, 2008: submitted July 16, 2010,

o Revisions effective July 1, 2009; submitted July 16, 2010,

o Revisions effective June 15, 2006; submitted July 16, 2010 

o Revisions effective July 1, 2011; submitted February 6, 2012, and

o Revisions effective July 1, 2012; submitted January 18, 2013.

The following table includes EPA’s evaluation of the revisions to OAC 252:100-1-3.

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

The following words and terms, when used in 

this Chapter, shall have the following meaning, 

unless the context clearly indicates otherwise:

Revisions effective June 12, 2003, Submitted July 

16, 2010

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.

Edits refine the existing SIP-approved provision. 

The July 16, 2010, revision is approvable.

New definition effective June 15, 2006, Submitted July 16, 2010

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

Revision provides clarity and is consistent with 

the CAA. The definition of “Act” as submitted 

July 16, 2010, is approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

“Acrylic” means a chemical coating containing 

polymers or copolymers of acrylic or substitute 

acrylic acid in combination with suitable resinous 

modifiers and its primary mode of cure is solvent 

evaporation. (252:100-37)

Revisions effective June 12, 2003, Submitted July 

16, 2010

“Acrylic” means a chemical coating containing 

polymers or copolymers of acrylic or substitute 

acrylic acid in combination with suitable resinous 

modifiers and its primary mode of cure is solvent 

evaporation. (252:100-37)

Deletes redundant text. “Acrylic” is defined at 

OAC 252:100-37-2. The July 16, 2010, deletion 

is approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

Revisions effective June 12, 2003, Submitted July 

16, 2010

The definition of “actual emissions” at OAC 

252:100-1-3 was deleted on July 16, 2010. 
18

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

As effective May 26, 1994

“Actual emissions” when used in OAC 

252:100-7, Part 5, means the actual rate of 

emissions of a pollutant from an emission unit, as 

determined in accordance with the following:

A. In general, actual emissions as of a 

particular date shall equal the average 

rate in tons per year at which the unit 

actually emitted the pollutant during a 

two-year period which precedes the 

particular date and which is 

representative of normal source 

operation. The reviewing authority may 

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. Actual emissions may also be 

determined by source tests, or by best 

engineering judgment in the absence of 

acceptable test data.

B. The reviewing authority may presume 

that source-specific allowable emissions 

for the unit are equivalent to the actual 

emissions of the unit.

C. For any emissions unit which has not 

begun normal operations on the 

particular date, actual emissions shall 

equal the potential to emit of the unit on 

that date. (OAC 252:100-7, Part 5)

“Actual emissions” when used in OAC 252:100-7, 

Part 5, means the actual rate of emissions of a 

pollutant from an emission unit, as determined in 

accordance with the following:

A. In general, actual emissions as of a 

particular date shall equal the average rate 

in tons per year at which the unit actually 

emitted the pollutant during a two-year 

period which precedes the particular date 

and which is representative of normal 

source operation. The reviewing authority 

may 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. Actual emissions may 

also be determined by source tests, or by 

best engineering judgment in the absence 

of acceptable test data.

B. The reviewing authority may presume that 

source-specific allowable emissions for the 

unit are equivalent to the actual emissions 

of the unit.

C. For any emissions unit which has not 

begun normal operations on the particular 

date, actual emissions shall equal the 

potential to emit of the unit on that date. 

(OAC 252:100-7, Part 5)

ODEQ submitted program specific definitions 

for “actual emissions” in the Part 70 Program at 

OAC 252:100-7, Part 5, on July 16, 2010.

This revision is approvable. 

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Actual emissions" when used in OAC 252:100-

7, Part 7, means the actual rate of emissions of a 

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Actual emissions" when used in OAC 252:100-7, 

Part 7, means the actual rate of emissions of a 

The definition of “actual emissions” at OAC 

252:100-1-3 was deleted on July 16, 2010. 

ODEQ submitted program specific definitions 

for “actual emissions” in the PSD Program at 

OAC 252:100-7, Part 7 on July 16, 2010.
19

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

pollutant from an emissions unit, as determined 

in accordance with the following:

A. In general, actual emissions as of a 

particular date shall equal the average 

rate in tons per year at which the unit 

actually emitted the pollutant during a 

two-year period which precedes the 

operation. The reviewing authority may 

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. Actual emissions may also be 

determined by source tests, or by best 

engineering judgment in the absence of 

acceptable test data.

B. The reviewing authority may presume 

that source-specific allowable emissions 

for the unit are equivalent to the actual 

emissions of the unit.

C. For any emissions unit which has not 

begun normal operations on the 

particular date, actual emissions shall 

equal the potential to emit of the unit on 

that date. (OAC 252:100-7, Part 7)

pollutant from an emissions unit, as determined in 

accordance with the following:

A. In general, actual emissions as of a 

particular date shall equal the average rate 

in tons per year at which the unit actually 

emitted the pollutant during a two-year 

period which precedes the operation. The 

reviewing authority may 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. Actual 

emissions may also be determined by 

source tests, or by best engineering 

judgment in the absence of acceptable test 

data.

B. The reviewing authority may presume that 

source-specific allowable emissions for the 

unit are equivalent to the actual emissions 

of the unit.

C. For any emissions unit which has not 

begun normal operations on the particular 

date, actual emissions shall equal the 

potential to emit of the unit on that date. 

(OAC 252:100-7, Part 7)

This revision is approvable.

New definition effective June 15, 2006, Submitted July 16, 2010

“Administrator” means, unless specifically defined otherwise, the Administrator of the United States 

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

Revision provides clarity and is consistent with 

40 CFR 51.100(b). The new definition of 

“Administrator” is approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Air contaminant source" means any and all 

sources of emission of air contaminants, whether 

privately or publicly owned or operated, or 

person contributing to emission of air 

Revisions effective July 1, 2008, Submitted July 16, 

2010

“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 

Revision provides clarity to the existing SIPapproved definition. This revision is approvable.
20

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

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.

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.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999. As effective May 26, 1994

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

significant reduction in:

A. the emission of air contaminants, or

the effect of such emission.

No change submitted. Language provided for 

context.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999. As effective May 26, 1994

"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.

No change submitted. Language provided for 

context.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Alkyd primer" when used in Subchapter 37 

means a chemical coating composed primarily of 

alkyd applied to a surface to provide a firm bond 

between the substrate and any additional paint. 

(OAC 252:100-37)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Alkyd primer" when used in Subchapter 37 means 

a chemical coating composed primarily of alkyd 

applied to a surface to provide a firm bond between 

the substrate and any additional paint. (OAC 

252:100-37)

Deletes redundant text. “Alkyd primer” is 

defined at OAC 252:100-37-2. This deletion is 

approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"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;

Revisions effective June 12, 2003, Submitted July 

16, 2010

"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,

The July 16, 2010, submitted deletion of the 

definition of “Allowable Emissions” at OAC 

252:100-3 is approvable. The ODEQ submitted 

definitions of “allowable emissions” specific to 

the Oklahoma PSD Permit program on July 16, 

2010. The Oklahoma NNSR program 

incorporates by reference the definition of 

“allowable emissions” at 40 CFR 51.165(a)(1) as 

it exists on July 1, 2010.
21

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

B. the applicable State rule allowable emissions; 

or,

C. the emissions rate specified as an enforceable 

permit condition. (OAC 252:100-7, Parts 5 

and 7)

C. the emissions rate specified as an enforceable 

permit condition. (OAC 252:100-7, Parts 5 and 

7)

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Ambient air standards" means levels of air 

quality as codified in OAC 252:100-3.

Revisions effective June 12, 2003, Submitted July 

16, 2010

“Ambient air standards” or “Ambient air quality 

standards” means levels of air quality as codified 

in OAC 252:100-3.

Revision adds distinction to the existing SIPapproved definition. This revision is approvable

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Architectural coating" means coating used for 

residential, commercial and/or industrial 

buildings and their appurtenances.

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Architectural coating" means coating used for 

residential, commercial and/or industrial buildings 

and their appurtenances.

VOC emission standards for architectural 

coatings are covered under 40 CFR 59, Subpart 

D, and generally apply to each architectural 

coating manufactured on or after September 13, 

1999 for sale or distribution in the United States. 

See also 

www.epa.gov/ttn/atw/183e/aim/aimpg.html

This deletion is approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999. As effective May 26, 1994

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

No change submitted. Language provided for 

context.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Automatic tread end cementing" means the 

application of a solvent based cement to the tire 

tread ends by automated devices. (OAC 252:100-

39-44)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Automatic tread end cementing" means the 

application of a solvent based cement to the tire 

tread ends by automated devices. (OAC 252:100-

39-44)

Deletes redundant text. “Automatic tread end 

cementing” is defined at OAC 252:100-39-44.

Deletion is approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Baseline area" means any area designated as 

attainment or unclassifiable in which the major 

source or major modification establishing the 

minor source baseline date would construct or 

would have an air quality impact equal to or 

greater than 1 μg/m3 (annual average) of the 

pollutant for which the minor source baseline 

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Baseline area" means any area designated as 

attainment or unclassifiable in which the major 

source or major modification establishing the minor 

source baseline date would construct or would have 

an air quality impact equal to or greater than 1 

μg/m3 (annual average) of the pollutant for which 

the minor source baseline date is established. (OAC 

252:100-7, Part 5) (Effective May 11, 1991)

The July 16, 2010, deletion of “Baseline area” at 

OAC 252:100-1-3 is approvable. The ODEQ 

submitted a definition of “Baseline area” specific 

to the Oklahoma PSD program on July 16, 2010.
22

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

date is established. (OAC 252:100-7, Part 5) 

(Effective May 11, 1991)

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Baseline concentration"

A. when used in OAC 252:100-7, Part 5, means 

that ambient concentration level which exists 

in the baseline area at the time of the 

applicable baseline date. 

i. 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 baseline date, except as 

provided in (ii) of this definition.

II. the allowable emissions of major 

sources which commenced 

construction before the major source 

baseline date but were not in 

operation by the applicable minor 

source baseline date. (Effective May 

11, 1991)

ii. 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 

source on which construction 

commenced after the major source 

baseline date; and, 

II. actual emission increases and 

decreases at any source occurring 

after the minor source baseline date. 

(OAC 252:100-7, Part 5) (Effective 

May 11, 1991)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Baseline concentration"

A. when used in OAC 252:100-7, Part 5, means 

that ambient concentration level which exists in 

the baseline area at the time of the applicable 

baseline date. 

i. 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 

baseline date, except as provided in (ii) 

of this definition.

II. the allowable emissions of major 

sources which commenced 

construction before the major source 

baseline date but were not in operation 

by the applicable minor source 

baseline date. (Effective May 11, 

1991)

ii. 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 

source on which construction 

commenced after the major source 

baseline date; and, 

II. actual emission increases and 

decreases at any source occurring after 

the minor source baseline date. (OAC 

252:100-7, Part 5) (Effective May 11, 

1991)

B. when used in the remainder of this Chapter, in 

regard to prevention of significant deterioration 

(PSD), means the ambient concentration levels 

The July 16, 2010, deletion of “Baseline area” at 

OAC 252:100-1-3 is approvable. The ODEQ 

submitted a definition of “Baseline 

concentration” specific to the Oklahoma PSD 

program on July 16, 2010.
23

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

B. when used in the remainder of this Chapter, 

in regard to prevention of significant 

deterioration (PSD), means the ambient 

concentration levels which exist at the time 

application for permit in an area plus 

emissions from sources not yet operating on 

which construction commenced prior to 

January 6, 1975. Emissions from major 

sources as defined in Section 169 of the 

Federal Clean Air Act on which construction 

commenced after January 6, 1975 will not be 

counted in the baseline and shall be counted 

against the maximum allowable increase in 

pollution concentration. (Effective April 1, 

1979)

which exist at the time application for permit in 

an area plus emissions from sources not yet 

operating on which construction commenced 

prior to January 6, 1975. Emissions from major 

sources as defined in Section 169 of the Federal 

Clean Air Act on which construction 

commenced after January 6, 1975 will not be 

counted in the baseline and shall be counted 

against the maximum allowable increase in 

pollution concentration. (Effective April 1, 

1979)

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Baseline date" 

A. means: 

i. for major sources,

I. in the case of particulate matter and 

sulfur dioxide, January 6, 1975, and

II. in the case of nitrogen dioxide, 

February 8, 1988; and,

ii. for minor sources, the earliest date after 

the trigger date on which a major 

stationary source or a major 

modification (subject to 40 CFR 52.21 

or OAC 252:100-7, Part 5) submits a 

complete application. The trigger date is:

I. in the case of particulate matter and 

sulfur dioxide, August 7, 1977; and,

II. in the case of nitrogen oxides, 

February 8, 1988. (OAC 252:100-7, 

Part 5) (Effective May 11, 1991)

B. is established for each pollutant for which 

increments have been established if:

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Baseline date" 

A. means: 

i. for major sources,

I. in the case of particulate matter and 

sulfur dioxide, January 6, 1975, and

II. in the case of nitrogen dioxide, February 

8, 1988; and,

ii. for minor sources, the earliest date after the 

trigger date on which a major stationary 

source or a major modification (subject to 

40 CFR 52.21 or OAC 252:100-7, Part 5) 

submits a complete application. The trigger 

date is:

I. in the case of particulate matter and 

sulfur dioxide, August 7, 1977; and,

II. in the case of nitrogen oxides, February 

8, 1988. (OAC 252:100-7, Part 5) 

(Effective May 11, 1991)

B. is established for each pollutant for which 

increments have been established if:

The July 16, 2010, deletion of “Baseline area” at 

OAC 252:100-1-3 is approvable. The ODEQ 

submitted a definition of “Baseline date” specific 

to the Oklahoma PSD program on July 16, 2010.
24

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

i. the area in which the proposed source or 

modification would construct is 

designated as attainment or 

unclassifiable for the pollutant on the 

date of its complete application; and 

ii. in the case of a major 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. (OAC 252:100-7, Part 5)

i. the area in which the proposed source or 

modification would construct is designated 

as attainment or unclassifiable for the 

pollutant on the date of its complete 

application; and 

ii. in the case of a major 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. (OAC 252:100-7, 

Part 5)

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Basic oxygen furnace" means a furnace in 

which the melting and refining of iron are 

accomplished by the addition at high velocities of 

large amounts of high purity oxygen to the 

atmosphere above the surface of the metal bath. 

The metal is held in a tiltable vessel with a basic 

refractory lining. Such a furnace includes the 

furnace proper, oxygen lance, scrap and flux 

charging units, iron transfer units, gas collecting 

and cleaning equipment, stacks and any other 

auxiliaries pertinent to the process.

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Basic oxygen furnace" means a furnace in which 

the melting and refining of iron are accomplished by 

the addition at high velocities of large amounts of 

high purity oxygen to the atmosphere above the 

surface of the metal bath. The metal is held in a 

tiltable vessel with a basic refractory lining. Such a 

furnace includes the furnace proper, oxygen lance, 

scrap and flux charging units, iron transfer units, gas 

collecting and cleaning equipment, stacks and any 

other auxiliaries pertinent to the process.

Deletes redundant text. See the definition for 

“process equipment” elsewhere in OAC 252:100-

1-3. In addition, the basic oxygen furnace is 

addressed in the Oklahoma SIP at Subchapter 35

(Control Of Emission Of Carbon Monoxide). 

Deletion is approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Bead dipping" means the dipping of an 

assembled tire bead into a solvent based cement. 

(OAC 252:100-39-44)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Bead dipping" means the dipping of an assembled 

tire bead into a solvent based cement. (OAC 

252:100-39-44)

Deletes redundant text. “Bead dipping” is 

defined at OAC 252:100-39-44. Deletion is 

approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Begin actual construction" means, in general, 

initiation of physical on-site construction 

activities on an emissions unit which are of a

permanent nature. Such activities include, but are 

not limited to, installation of building supports 

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Begin actual construction" means, in general, 

initiation of physical on-site construction activities 

on an emissions unit which are of a permanent 

nature. Such activities include, but are not limited 

to, installation of building supports and foundations, 

laying of underground pipework, and construction 

Deletes redundant text. The ODEQ adopted 

revised definition of “begin actual construction” 

at OAC 252:100-8-2 on June 15, 2006; submitted 

on July 16, 2010. The ODEQ also adopted and 

submitted a revised definition of “begin actual 

construction” specific to the Oklahoma PSD 

program at OAC 252:100-8-31.
25

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

and foundations, laying of underground 

pipework, and construction of permanent storage 

structures. 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. (OAC 252:100-

7, Parts 5 and 7)

of permanent storage structures. 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. 

(OAC 252:100-7, Parts 5 and 7)

This deletion is approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Best available control technology" means the 

control technology to be applied for a major 

source or modification is the best that is available 

as determined by the Executive Director on a 

case by case basis taking into account energy, 

environmental, costs and economic impacts of 

alternative control systems. (OAC 252:100-7, 

Part 5)

Revisions effective June 12, 2003, Submitted July 

16, 2010

“Best available control technology” or “BACT” 

means the control technology to be applied for a 

major source or modification is the best that is 

available as determined by the Executive Director 

on a case by case basis taking into account energy, 

environmental, costs and economic impacts of 

alternative control systems. (OAC 252:100-7, Part 

5) 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.

The revisions to the general definition of 

“BACT” at OAC 252:100-1-3 are approvable. 

This definition generally describes what BACT 

is. However, the EPA notes that the 

determination and application of BACT is made 

on a case-by-case basis in individual PSD 

permits under the Oklahoma PSD permit 

program. This general definition in no way alters, 

replaces, or supersedes the PSD program 

definition, application, and determination of 

BACT.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Blast furnace" means furnace and equipment 

used in connection with the smelting process of 

reducing metallic ores to molten metal in which 

primarily oxygen is removed from the ore and 

gas is produced as a by-product. The furnace and 

equipment consists of, but is not limited to, the 

furnace proper, charging equipment, stoves, 

bleeders, gas dust-cleaning devices, after-burner, 

and other auxiliaries pertinent to the process.

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Blast furnace" means furnace and equipment used 

in connection with the smelting process of reducing 

metallic ores to molten metal in which primarily 

oxygen is removed from the ore and gas is produced 

as a by-product. The furnace and equipment consists 

of, but is not limited to, the furnace proper, charging 

equipment, stoves, bleeders, gas dust-cleaning 

devices, after-burner, and other auxiliaries pertinent 

to the process.

Deletes redundant text. See the definition for 

“process equipment” elsewhere in OAC 252:100-

1-3. In addition, the blast furnace is addressed in 

the Oklahoma SIP at Subchapter 35 (Control Of 

Emission Of Carbon Monoxide). Deletion is 

approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Building, structure, facility" means all of the 

pollutant-emitting activities which belong to the 

same industrial grouping, are located on one or 

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Building, structure, facility" 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 

Deletes redundant text, since these terms are 

included in the definition immediately below.

Deletion is approvable.
26

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

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. (OAC 252:100-7, Part 7)

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. (OAC 252:100-7, Part 7)

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"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. 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. 

(OAC 252:100-7, Part 5)

Revisions effective June 12, 2003, Submitted July 

16, 2010

“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. (OAC 252:100-7, Part 5)

New text refines the definition. Deleted text is 

not substantive. The revisions submitted July 16, 

2010, are approvable.

New definition effective July 1, 2011; Submitted 

February 6, 2012

“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.

Revisions effective July 1, 2012; Submitted January 

18, 2013

“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 

The new definition of “carbon dioxide 

equivalent” submitted on February 6, 2012 is 

approvable as consistent with federal permitting 

requirements at 40 CFR 51.166(b)(48)(ii)(a).

The revisions submitted to the definition of 

CO2e on January 18, 2013, adopt the GHG 

Biomass Deferral promulgated by the EPA on 

July 11, 2011 at 76 FR 43490. The biomass 

deferral expired on July 21, 2014. Further, the 

deferral was vacated by the D.C. Circuit on July 

12, 2013. The EPA took separate action to 

disapprove the submitted revisions to CO2e for 

the biomass deferral. See EPA’s proposed 

disapproval on January 11, 2016 at 81 FR 1141. 
27

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

combustion or decomposition of non-fossilized and 

biodegradable organic materials 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).

EPA-R06-OAR-2015-0783. EPA published our 

final disapproval on May 23, 2016. See 81 FR 

32239.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999. As effective May 26, 1994

"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.

No change submitted. Language provided for 

context.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Chimney" means any conduit, duct, stack, vent, 

flue, or opening of any kind whatsoever arranged 

to conduct any emission of products to the 

atmosphere.

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Chimney" means any conduit, duct, stack, vent, 

flue, or opening of any kind whatsoever arranged to 

conduct any emission of products to the atmosphere.

Deletes redundant text. “Chimney” is included in 

the definition for “stack” and provided elsewhere 

in 100-1-3. This deletion is approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"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. 

(OAC 252:100-13)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"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. (OAC 

252:100-13)

Non-substantive revision. Approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Commence" means as applied to construction of 

a major stationary source or major modification 

means that the owner or operator has all 

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Commence" means as applied to construction of a 

major stationary source or major modification 

means that the owner or operator has all necessary 

preconstruction approvals or permits and either has:

Revisions provide for sources not subject to 

NSPS or NESHAP. Deletion is approvable.
28

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

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 competed within a reasonable time. 

(OAC 252:100-7, Parts 5 and 7)

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 competed within a reasonable 

time. (OAC 252:100-7, Parts 5 and 7)

“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.

New definition effective July 1, 2012; Submitted January 18, 2013

“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.

New definition is approvable. Definition is 

consistent with the application of the Part 70

operating permit program.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on 

November 3, 1999.

As effective May 26, 1994

"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 

reviewing authority from 

requesting or accepting any 

additional information. (OAC 

252:100-7, Part 5)

Revisions effective June 12, 

2003, Submitted July 16, 2010

“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 

reviewing authority from 

requesting or accepting any 

additional information. (OAC 

252:100-7, Part 5)

Revisions effective June 15, 

2006, Submitted July 16, 2010

“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 reviewing authority 

from requesting or accepting any 

additional information.

Non-substantive revisions made to the SIPapproved definition of “Complete” serve to 

clarify the existing definition. Revisions 

submitted through July 16, 2010 are approvable.

Note that the general definition of “complete” is 

now applicable to the Oklahoma PSD and NNSR 

programs because the ODEQ deleted this 

definition under OAC 252:100-8-31. The general 

definition of “complete” under OAC 252:100-1-3 

is consistent with the federal permitting 

definitions at 40 CFR 51.166(b)(22). There is no 

specific federal definition of “complete” for 

NNSR, however the use of the term “complete” 

is necessary for proper NNSR permitting. 

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

Revisions effective June 12, 2003, Submitted July 

16, 2010

Deletes redundant text. “Component” is defined 

at OAC 252:100-39-15. Deletion is approvable.
29

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

As effective May 26, 1994

"Component" means any piece of equipment 

which has the potential to leak volatile organic 

compounds when tested in the manner described 

in Appendix B, EPA Guideline Series Document, 

Control of Volatile Organic Compound Leaks 

from Petroleum Refinery Equipment, EPA450/2-78-036, or an equivalent method as 

determined by the Director. These sources 

include, but are not limited to, pumping seals, 

compressor seals, seal oil degassing vents, 

pipeline valves, flanges and other connections, 

pressure relief devices, process drains, and open 

ended pipes. Excluded from these sources are 

valves which are not externally regulated. (OAC 

252:100-39, Part 3)

"Component" means any piece of equipment which 

has the potential to leak volatile organic compounds 

when tested in the manner described in Appendix B, 

EPA Guideline Series Document, Control of 

Volatile Organic Compound Leaks from Petroleum 

Refinery Equipment, EPA-450/2-78-036, or an 

equivalent method as determined by the Director. 

These sources include, but are not limited to, 

pumping seals, compressor seals, seal oil degassing 

vents, pipeline valves, flanges and other 

connections, pressure relief devices, process drains, 

and open ended pipes. Excluded from these sources 

are valves which are not externally regulated. (OAC 

252:100-39, Part 3)

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Condensate" means hydrocarbon liquid 

separated from natural gas which condenses due 

to changes in the temperature and/or pressure and 

remains liquid at normal operating conditions. 

(OAC 252:100-39, Part 5)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Condensate" means hydrocarbon liquid separated 

from natural gas which condenses due to changes in 

the temperature and/or pressure and remains liquid 

at normal operating conditions. (OAC 252:100-39, 

Part 5)

Deletes redundant text. “Condensate” is defined 

at OAC 252:100-39-30. Deletion is approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Construction" 

A. when used in OAC 252:100-7, Parts 5 and 7, 

means any physical change or change in the 

method of operation (including fabrication, 

erection, installation, demolition, or 

modification of an emissions unit) which 

would result in a change in actual emissions. 

(OAC 252:100-7, Parts 5 and 7)

B. when used in the remainder of this Chapter, 

unless specifically defined otherwise, means 

fabrication, erection, or installation of a 

source. (Effective June 22, 1974)

Revisions effective June 12, 2003, Submitted July 

16, 2010

“Construction”

A. when used in OAC 252:100-7, Parts 5 and 

7, means any physical change or change in 

the method of operation (including 

fabrication, erection, installation, 

demolition, or modification of an 

emissions unit) which would result in a 

change in actual emissions. (OAC 

252:100-7, Parts 5 and 7)

B. when used in the remainder of this 

Chapter, means, unless specifically 

defined otherwise, means fabrication, 

The revisions submitted on July 16, 2010 to the 

definition of “construction” remove the portions 

of the definition specific to the Oklahoma 

permitting program and move to the applicable 

permit provisions. The remainder of the revisions 

are non-substantive.

These revisions are approvable.
30

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

erection, or installation of a source. 

(Effective June 22, 1974)

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"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. (OAC 

252:100-39, Part 5)

Revisions effective June 12, 2003, Submitted July 

16, 2010

“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. (OAC 252:100-

39, Part 5)

Non-substantive edit. Approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Custom product finishes" means a proprietary 

chemical coating designed for a specific customer 

and end use. (OAC 252:100-37)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Custom product finishes" means a proprietary 

chemical coating designed for a specific customer 

and end use. (OAC 252:100-37)

Deletes redundant text. “Custom product 

finish” is defined at OAC 252:100-37-2.

Deletion is approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Cutback asphalt" means basic asphalt or 

asphaltic concrete containing a petroleum 

distillate. (OAC 252:100-37)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Cutback asphalt" means basic asphalt or asphaltic 

concrete containing a petroleum distillate. (OAC 

252:100-37)

Deletes redundant text. “Cutback asphalt” is 

defined at OAC 252:100-39-40. Deletion is 

approvable.

New definition effective July 1, 2009; Submitted July 16, 2010

“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.

The term “Directly fired” is removed from OAC 

252:100-19-1.1 and inserted here as “Direct 

fired.” The revision is approvable. 

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999. As effective May 26, 1994

"Division" means Air Quality Division, Oklahoma State Department of Environmental Quality.

No change submitted. Language provided for 

context.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999. As effective May 26, 1994

"Dust" means solid particulate matter released into or carried in the air by natural forces, by any fuelburning, combustion, process equipment or device, construction work, mechanical or industrial 

processes.

No change submitted. Language provided for 

context.

New definition effective June 15, 2006, Submitted July 16, 2010

“EPA” means the United States Environmental Protection Agency.

Revision provides clarity. Definition is 

approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Effluent water separator" means any tank, box, 

sump, or other container in which any material 

Deletes redundant text. “Effluent water 

separator” is defined at OAC 252:100-37-2.

Deletion is approvable.
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Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

"Effluent water separator" means any tank, 

box, sump, or other container in which any 

material compound floating on or entrained or 

contained in water entering such tank, box, sump 

or other container is physically separated and 

removed from such water prior to outfall, 

drainage, or recovery of such water. (OAC 

252:100-37)

compound floating on or entrained or contained in 

water entering such tank, box, sump or other 

container is physically separated and removed from 

such water prior to outfall, drainage, or recovery of 

such water. (OAC 252:100-37)

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Emissions unit" means any part of a source 

which emits or would have the potential to emit 

any pollutant subject to regulation. (OAC 

252:100-7, Parts 5 and 7)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Emissions unit" means any part of a source which 

emits or would have the potential to emit any 

pollutant subject to regulation. (OAC 252:100-7, 

Parts 5 and 7)

Definition is deleted and moved to the applicable 

permit programs on July 16, 2010. Deletion is 

approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Epoxy" means a chemical coating containing 

epoxy groups and suitable chemical cross-linking 

agents. Epoxies prime mode of cure involves a 

chemical reaction between the epoxy and the 

cross-linking agent. (OAC 252:100-37)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Epoxy" means a chemical coating containing 

epoxy groups and suitable chemical cross-linking 

agents. Epoxies prime mode of cure involves a 

chemical reaction between the epoxy and the crosslinking agent. (OAC 252:100-37)

Deletes redundant text. “Epoxy” is defined at 

OAC 252:100-37-2. Deletion is approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Equivalent opacity" means the degree to which 

an emission, other than gray or black smoke, is 

partially or wholly impervious to rays of light 

and causes obstruction of an observer's view, 

expressed as an equivalent of the obstruction 

caused by a gray or black smoke emission of a 

given density as measured by a Ringelmann 

Smoke Chart.

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Equivalent opacity" means the degree to which an 

emission, other than gray or black smoke, is

partially or wholly impervious to rays of light and 

causes obstruction of an observer's view, expressed 

as an equivalent of the obstruction caused by a gray 

or black smoke emission of a given density as 

measured by a Ringelmann Smoke Chart.

Deletes redundant text. Opacity is addressed in 

the Standards of Performance for New Stationary 

Sources at 40 CFR 60 and also in the approved 

Oklahoma SIP at OAC 252:100-25. Deletion is 

approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Excess air" means air entering a combustion 

chamber in excess of the amount theoretically 

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Excess air" means air entering a combustion 

chamber in excess of the amount theoretically 
32

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

required to complete combustion of materials in 

the combustion chamber.

required to complete combustion of materials in the 

combustion chamber.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Excess emissions" means the emission of air 

contaminants in excess of an applicable limitation 

or requirement as specified in the applicable 

limiting regulation. (OAC 252:100-9)

Revisions effective June 12, 2003, Submitted July 

16, 2010

“Excess emissions” means the emission of 

regulated air pollutants contaminants in excess of an 

applicable limitation or requirement as specified in 

the applicable limiting regulation. (OAC 252:100-9)

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.

Revisions are consistent with 40 CFR 51.100(z) 

and 40 CFR 51.100(bb) and are approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Existing source" means an air contaminant 

source which is in being on the effective date of 

these rules.

Revisions effective June 12, 2003, Submitted July 

16, 2010

"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.

Edits refine the SIP-approved definition.

Revision is approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"External floating roof" means a storage vessel 

cover in an open top tank consisting of a double 

deck or pontoon single deck which rests upon 

and is supported by the petroleum liquid being 

contained and is equipped with a closure seal or 

seals to close the space between the roof edge 

and tank wall. (OAC 252:100-39, Part 5)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"External floating roof" means a storage vessel 

cover in an open top tank consisting of a double 

deck or pontoon single deck which rests upon and is 

supported by the petroleum liquid being contained 

and is equipped with a closure seal or seals to close 

the space between the roof edge and tank wall. 

(OAC 252:100-39, Part 5)

Deletes redundant text. “External floating roof”

is defined at OAC 252:100-39-30. Deletion is 

approvable.

New definition effective June 12, 2003, Submitted July 16, 2010

“Facility” means all of the pollutant-emitting activities that meet all of 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).

New definition of facility submitted on July 16, 

2010 is consistent with the federal definition at 

40 CFR 51.165(a)(1)(ii) and 40 CFR 

51.166(b)(6). Definition is approvable.

New definition effective June 15, 2006, Submitted July 16, 2010

“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 

New definition of “federally enforceable” 

submitted on July 16, 2010, is consistent with the 

federal definition at 40 CFR 51.165(a)(1)(xiv) 

and 40 CFR 51.166(b)(17). This definition is 

approvable.
33

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

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.

New definition effective July 1, 2012; Submitted July 16, 2010

“Fossil fuel” means natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived 

from such material.

Revision provides clarity and is approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Flexographic printing" means the application 

of words, designs and pictures to a substrate by 

means of a roll printing technique in which the 

pattern to be applied is raised above the printing 

roll and the image carrier is made of rubber or 

other elastomeric materials. (OAC 252:100-39-

43)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Flexographic printing" means the application of 

words, designs and pictures to a substrate by means 

of a roll printing technique in which the pattern to 

be applied is raised above the printing roll and the 

image carrier is made of rubber or other elastomeric 

materials. (OAC 252:100-39-43)

Deletes redundant text. “Flexographic printing”

is defined at OAC 252:100-39-43. Deletion is 

approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Fly ash" means particulate matter capable of 

being gasborne or airborne consisting essentially 

of fused ash and/or burned or unburned material.

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Fly ash" means particulate matter capable of being 

gasborne or airborne consisting essentially of fused 

ash and/or burned or unburned material.

Deletes redundant text. Fly ash is a form of 

particulate matter, which is defined elsewhere in 

OAC 252:100-1-3. Deletion is approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Foundry cupola" means shaft-type furnace 

used for the melting of metals usually consisting 

of, but not limited to, the furnace proper, tuyeres, 

fans or blowers, tapping spout, charging 

equipment, gas-cleaning devices and other 

auxiliaries. Shaft furnaces used for processing 

non-metallic materials are not included under this 

definition but are included in the definition of 

process equipment.

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Foundry cupola" means shaft-type furnace used 

for the melting of metals usually consisting of, but 

not limited to, the furnace proper, tuyeres, fans or 

blowers, tapping spout, charging equipment, gascleaning devices and other auxiliaries. Shaft 

furnaces used for processing non-metallic materials 

are not included under this definition but are 

included in the definition of process equipment.

Deletes redundant text. The gray iron cupola is 

addressed in the Oklahoma SIP at Subchapter 35

(Control Of Emission Of Carbon Monoxide). In 

addition, see process equipment, defined 

elsewhere in OAC 252:100-3-1. Deletion is 

approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Fuel-burning equipment" means any one or 

more of boilers, furnaces, gas turbines or other 

combustion devices and all appurtenances thereto 

Revisions effective June 12, 2003, Submitted July 

16, 2010

“Fuel-burning equipment” means any one or more 

of boilers, furnaces, gas turbines or other 

combustion devices and all appurtenances thereto 

Non-substantive. Approvable.
34

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

used to convert fuel or waste to usable heat or 

power. (Effective July 1, 1977)

used to convert fuel or waste to usable heat or 

power. (Effective July 1, 1977)

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999. As effective May 26, 1994

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

chimney.

No change submitted. Language provided for 

context.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Fugitive emissions" means those emissions 

which could not reasonably pass through a stack, 

chimney, vent, or other functionally equivalent 

opening. (OAC 252:100-7, Parts 5 and 7)

Revisions effective June 12, 2003, Submitted July 

16, 2010

“Fugitive emissions” means, unless specifically 

defined otherwise, those emissions which could not 

reasonably pass through a stack, chimney, vent, or 

other functionally equivalent opening. (OAC 

252:100-7, Parts 5 and 7)

New text refines the definition and is consistent 

with the definition for fugitive emissions at 40 

CFR 51.165 and 40 CFR 51.166. Deleted text is 

not substantive. Revision is approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999. As effective May 26, 1994

"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.

No change submitted. Language provided for 

context.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999. As effective May 26, 1994

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

cooking and consumption of food.

No change submitted. Language provided for 

context.

New definition effective July 1, 2011; Submitted February 6, 2012

“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).

The new definition of “greenhouse gases” 

submitted on February 6, 2012 is approvable. 

This revision is consistent with the federal 

definition of GHGs at 40 CFR 51.166(b)(48)(i).

New definition effective July 1, 2008, Submitted July 16, 2010

“Gross particulate matter” or “GPM” means particulate matter with an aerodynamic diameter greater 

than 10 micrometers.

The term “Gross particulate matter” or 

“GPM” is removed from OAC 252:100-5-1.1 

and inserted here. Revision adds clarity and 

addresses the larger size range in the definition 

of PM at 40 CFR 51.100(oo). Revision is 

approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Gas service" means equipment which processes, 

transfers or contains a volatile organic compound 

or mixture of volatile organic compounds in the 

gaseous phase. (OAC 252:100-39, Part 3)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Gas service" means equipment which processes, 

transfers or contains a volatile organic compound or 

mixture of volatile organic compounds in the 

gaseous phase. (OAC 252:100-39, Part 3)

Deletes redundant text. “Gas service” is defined 

at OAC 252:100-39-15. Deletion is approvable.
35

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Green tire spraying" means the spraying of 

green tires, both inside and outside, with release 

compounds which help remove air from the tire 

during molding and prevent the tire from sticking 

to the mold after curing. (OAC 252:100-39-44)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Green tire spraying" means the spraying of green 

tires, both inside and outside, with release 

compounds which help remove air from the tire 

during molding and prevent the tire from sticking to 

the mold after curing. (OAC 252:100-39-44)

Deletes redundant text. “Green tire spraying” is 

defined at OAC 252:100-39-44. Deletion is 

approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Green tires" means assembled tires before 

molding and curing have occurred. (OAC 

252:100-39-44)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Green tires" means assembled tires before 

molding and curing have occurred. (OAC 252:100-

39-44)

Deletes redundant text. “Green tires” is defined 

at OAC 252:100-39-44. Deletion is approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Hazardous air contaminant" means any 

hazardous air pollutant regulated under Section 

112 of the federal Clean Air Act, 42 U.S.C. 

Section 7412, and subject to national emission 

standards (NESHAP). (OAC 252:100-41)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Hazardous air contaminant" means any 

hazardous air pollutant regulated under Section 112 

of the federal Clean Air Act, 42 U.S.C. Section 

7412, and subject to national emission standards 

(NESHAP). (OAC 252:100-41)

Deletes redundant text. “Hazardous air 

contaminant” is defined at Regulation 3.8 in the 

Oklahoma SIP. Deletion is approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"In being" means as used in the definitions of 

New Installation and Existing Source means 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 of the application regulation. 

(Effective June 22, 1974)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"In being" means as used in the definitions of New 

Installation and Existing Source means 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 of the application as 

specified by the applicable regulation. (Effective 

June 22, 1974)

Revisions delete redundant text and refine the 

definition. Revisions are approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999. As effective May 26, 1994

No change submitted. Language provided for 

context.
36

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

"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.

New definition effective July 1, 2009; Submitted July 16, 2010

“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.

The term “Indirectly fired” is removed from 

OAC 252:100-19-1.1 and inserted here as 

“Indirect fired.” Revision is approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"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. (OAC 252:100-7, Part 5)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"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. (OAC 252:100-7, Part 5)

Definition of “innovative control technology” 

was deleted by the ODEQ on July 16, 2010, from 

OAC 252:100-1-3 and moved to the Oklahoma 

PSD program requirements. This deletion is 

approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Installation" means an identifiable piece of 

process equipment. (OAC 252:100-7, Part 7)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Installation" means an identifiable piece of 

process equipment. (OAC 252:100-7, Part 7)

Non-substantive. Approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Lease custody transfer" means the transfer of 

produced crude oil and/or condensate, after 

processing and/or treating in the producing 

operations, from storage tanks or automatic 

transfer facilities to pipelines or any other forms 

of transportation. (OAC 252:100-39, Part 5)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Lease custody transfer" means the transfer of 

produced crude oil and/or condensate, after 

processing and/or treating in the producing 

operations, from storage tanks or automatic transfer 

facilities to pipelines or any other forms of 

transportation. (OAC 252:100-39, Part 5)

Deletes redundant text. “Lease custody 

transfer” is defined at OAC 252:100-37-2 and 

OAC 252:100-39-30. Deletion is approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Liquid-mounted seal" means a primary seal 

mounted in continuous contact with the liquid 

between the tank wall and the floating roof. 

(OAC 252:100-39, Part 5)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Liquid-mounted seal" means a primary seal 

mounted in continuous contact with the liquid 

between the tank wall and the floating roof. (OAC 

252:100-39, Part 5)

Deletes redundant text. “Liquid mounted seal”

is defined at OAC 252:100-39-30. Deletion is 

approvable.
37

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Liquid service" means equipment which 

processes, transfers or contains a volatile organic 

compound or mixture of volatile organic 

compounds in the liquid phase. (OAC 252:100-

39, Part 3)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Liquid service" means equipment which 

processes, transfers or contains a volatile organic 

compound or mixture of volatile organic 

compounds in the liquid phase. (OAC 252:100-39, 

Part 3)

Deletes redundant text. “Liquid service” is 

defined at OAC 252:100-39-15. Deletion is 

approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Lowest achievable emissions rate" means the 

control technology to be applied to a major 

source or modification which the Executive 

Director, on a case by case basis, determines is 

achievable for a source based on the lowest 

achievable emission rate achieved in practice by 

such category of source (i.e., lowest achievable 

emission rate as defined in the Federal Clean Air 

Act). (OAC 252:100-7 Part 7)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Lowest achievable emissions rate" means the 

control technology to be applied to a major source 

or modification which the Executive Director, on a 

case by case basis, determines is achievable for a 

source based on the lowest achievable emission rate 

achieved in practice by such category of source (i.e., 

lowest achievable emission rate as defined in the 

Federal Clean Air Act). (OAC 252:100-7 Part 7)

ODEQ deleted the definition of “Lowest 

achievable emissions rate” on July 16, 2010, and 

replaced with a new definition of “lowest 

achievable emissions rate or LAER” on the same 

day. This deletion is approvable.

New definition effective June 15, 2006, Submitted July 16, 2010

“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 sour 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.

The new definition of “LAER” submitted on July 

16, 2010, is consistent with federal requirements 

at 40 CFR 51.165(a)(1)(xiii). Revision is 

approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Maintenance finishes" means a chemical 

coating formulated to form a protection of a 

given substrate to adverse chemical or physical 

condition. (OAC 252:100-37)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Maintenance finishes" means a chemical coating 

formulated to form a protection of a given substrate 

to adverse chemical or physical condition. (OAC 

252:100-37)

Deletes redundant text. “Maintenance finish” is 

defined at OAC 252:100-37-2. Deletion is 

approvable.
38

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Major modification" when used in OAC 

252:100-7, Part 5, means any physical change in, 

or change in the method of operation of, a major 

source that would result in a significant net 

emissions increase of any pollutant subject to 

regulation.

A. Any net emissions increase that is significant 

for volatile organic compounds shall be 

considered significant for ozone.

B. A physical change or change in the method 

of operation shall not include:

i. routine maintenance, repair and 

replacement;

ii. use of an alternate 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 

Federal Clean Air 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:

I. the source was capable of 

accommodating before January 6, 

1975, unless such change would be 

prohibited under any enforceable 

permit limitation which was 

established after January 6, 1975, or

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Major modification" when used in OAC 252:100-

7, Part 5, means any physical change in, or change 

in the method of operation of, a major source that 

would result in a significant net emissions increase 

of any pollutant subject to regulation.

A. Any net emissions increase that is significant 

for volatile organic compounds shall be 

considered significant for ozone.

B. A physical change or change in the method of 

operation shall not include:

i. routine maintenance, repair and 

replacement;

ii. use of an alternate 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 

Federal Clean Air 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:

I. the source was capable of 

accommodating before January 6, 

1975, unless such change would be 

prohibited under any enforceable 

permit limitation which was 

established after January 6, 1975, or

II. the source is approved to use under 

any permit issued under 40 CFR 52.21 

or OAC 252:100-7;

Deleted on July 16, 2010, and moved to the Part 

70 Program permitting requirements. Deletion is 

approvable.
39

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

II. the source is approved to use under 

any permit issued under 40 CFR 

52.21 or OAC 252:100-7;

vi. an increase in the hours of operation or 

in the production rate, unless such 

change would be prohibited under any 

enforceable permit limitation which was 

established after January 6, 1975; or

vii. any change in source ownership. (OAC 

252:100-7, Part 5)

vi. an increase in the hours of operation or in 

the production rate, unless such change 

would be prohibited under any enforceable 

permit limitation which was established 

after January 6, 1975; or

vii. any change in source ownership. (OAC 

252:100-7, Part 5)

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Major modification" when used in OAC 

252:100-7, Part 7, means any physical change in, 

or change in the method of operation of, a major 

source that would result in a significant net 

emissions increase of any pollutant subject to 

regulation.

A. Any net emissions increase that is significant 

for volatile organic compounds shall be 

considered significant for ozone.

B. A physical change or change in the method 

of operation shall not include:

i. routine maintenance, repair and 

replacement;

ii. use of an alternate 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 

Federal Clean Air Act;

iv. use of an alternate fuel at a steam 

generating unit to the extent that the fuel 

is generated from municipal solid waste;

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Major modification" when used in OAC 252:100-

7, Part 7, means any physical change in, or change 

in the method of operation of, a major source that 

would result in a significant net emissions increase 

of any pollutant subject to regulation.

A. Any net emissions increase that is significant 

for volatile organic compounds shall be 

considered significant for ozone.

B. A physical change or change in the method of 

operation shall not include:

i. routine maintenance, repair and 

replacement;

ii. use of an alternate 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 

Federal Clean Air Act;

iv. use of an alternate fuel at a steam 

generating unit to the extent that the fuel is 

generated from municipal solid waste;

v. use of an alternate fuel or raw material by a 

source which:

Deleted on July 16, 2010, and moved to the PSD 

program requirements on same day. Deletion is 

approvable.
40

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

v. use of an alternate fuel or raw material 

by a source which:

I. the source was capable of 

accommodating before December 

21, 1976, unless such change would 

be prohibited under any enforceable 

permit limitation which was 

established after December 21, 

1976, or

II. the source is approved to use under 

any Permit issued under 40 CFR 

52.21 or OAC 252:100-7;

vi. An increase in the hours of operation or 

in the production rate unless such change 

would be prohibited under any 

enforceable permit limitation which was 

established after December 21, 1976; or

vii. Any change in source ownership. (OAC 

252:100-7, Part 7)

I. the source was capable of 

accommodating before December 21, 

1976, unless such change would be 

prohibited under any enforceable 

permit limitation which was 

established after December 21, 1976, 

or

II. the source is approved to use under 

any Permit issued under 40 CFR 52.21 

or OAC 252:100-7;

vi. An increase in the hours of operation or in 

the production rate unless such change 

would be prohibited under any enforceable 

permit limitation which was established 

after December 21, 1976; or

vii. Any change in source ownership. (OAC 

252:100-7, Part 7)

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Major source (major emitting facility)" means 

any stationary facility or source of an air 

pollution which directly emits or has the potential 

to emit (i.e., as if no controls were to be applied) 

100 tons or more per year. (Effective April 1, 

1979)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Major source (major emitting facility)" means 

any stationary facility or source of an air pollution 

which directly emits or has the potential to emit 

(i.e., as if no controls were to be applied) 100 tons 

or more per year. (Effective April 1, 1979)

Deletes redundant text, since this term is 

included in the definition immediately below. 

Deletion is approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Major sources" 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)

Revisions effective June 12, 2003, Submitted July 

16, 2010

“Major sources 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)

Non-substantive edit to an existing SIP-approved 

definition. Revision is approvable.
41

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Major stationary source" when used in OAC 

252:100-7, Part 5, means:

A. Any of the following sources of air pollutants 

which emits, or has the potential to emit, 100 

tons per year or more of any pollutant subject 

to regulation:

i. fossil fuel-fired steam electric plants 

of more than 250 million BTU per 

hour heat input,

ii. coal cleaning plants (with thermal 

dryers),

iii. kraft pulp mills,

iv. portland cement plants,

v. primary zinc smelters,

vi. iron and steel mill plants,

vii. primary aluminum ore reduction 

plants,

viii. primary copper smelters,

ix. municipal incinerators capable of 

charging more than 250 tons of refuse 

per day,

x. hydrofluoric, sulfuric or nitric acid 

plants,

xi. petroleum refineries,

xii. lime plants,

xiii. phosphate rock processing plants,

xiv. coke oven batteries,

xv. sulfur recovery plants,

xvi. carbon black plants (furnace process),

xvii. primary lead smelters,

xviii. fuel conversion plants,

xix. sintering plants,

xx. secondary metal production plants,

xxi. chemical process plants,

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Major stationary source" when used in OAC 

252:100-7, Part 5, means:

A. Any of the following sources of air pollutants 

which emits, or has the potential to emit, 100 

tons per year or more of any pollutant subject to 

regulation:

i. fossil fuel-fired steam electric plants of 

more than 250 million BTU per hour 

heat input,

ii. coal cleaning plants (with thermal 

dryers),

iii. kraft pulp mills,

iv. portland cement plants,

v. primary zinc smelters,

vi. iron and steel mill plants,

vii. primary aluminum ore reduction plants,

viii. primary copper smelters,

ix. municipal incinerators capable of 

charging more than 250 tons of refuse 

per day,

x. hydrofluoric, sulfuric or nitric acid 

plants,

xi. petroleum refineries,

xii. lime plants,

xiii. phosphate rock processing plants,

xiv. coke oven batteries,

xv. sulfur recovery plants,

xvi. carbon black plants (furnace process),

xvii. primary lead smelters,

xviii. fuel conversion plants,

xix. sintering plants,

xx. secondary metal production plants,

xxi. chemical process plants,

xxii. fossil-fuel boilers (or combination 

thereof) totaling more than 250 million 

BTU per hour heat input,

Definition of major stationary source was deleted 

on July 16, 2010, and moved to the Oklahoma 

Part 70 program. This deletion is approvable.
42

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

xxii. fossil-fuel boilers (or combination 

thereof) totaling more than 250 

million BTU per hour heat input,

xxiii. petroleum storage and transfer units 

with a total storage capacity exceeding 

300,000 barrels,

xxiv. taconite ore processing plants,

xxv. glass fiber processing plants,

xxvi. charcoal production plants, or

xxvii. any other source not on the above list 

which emits, or has the potential to 

emit, 250 tons per year or more of any 

pollutant subject to regulation.

B. Any physical change that would occur at a 

source not otherwise qualifying as a major 

source under (A) of this definition if the 

change would constitute a major source by 

itself.

C. For ozone, any source that is major for 

volatile organic compounds shall be 

considered major. (OAC 252:100-7, Part 5)

xxiii. petroleum storage and transfer units with 

a total storage capacity exceeding 

300,000 barrels,

xxiv. taconite ore processing plants,

xxv. glass fiber processing plants,

xxvi. charcoal production plants, or

xxvii. any other source not on the above list 

which emits, or has the potential to emit, 

250 tons per year or more of any 

pollutant subject to regulation.

B. Any physical change that would occur at a 

source not otherwise qualifying as a major 

source under (A) of this definition if the change 

would constitute a major source by itself.

C. For ozone, any source that is major for volatile 

organic compounds shall be considered major. 

(OAC 252:100-7, Part 5)

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Major stationary source" when used in OAC 

252:100-7, Part 7, means:

A. Any stationary source of air pollutants which 

emits, or has the potential to emit, 100 tons 

per year or more of any pollutant subject to 

regulation; or,

B. Any physical change that would occur at a 

source not qualifying under (A) of this 

definition as a major source, if the change 

would constitute a major source by itself.

C. For ozone, any source that is major for 

volatile organic compounds shall be 

considered major. (OAC 252:100-7, Part 7)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Major stationary source" when used in OAC 

252:100-7, Part 7, means:

A. Any stationary source of air pollutants which 

emits, or has the potential to emit, 100 tons per 

year or more of any pollutant subject to 

regulation; or,

B. Any physical change that would occur at a 

source not qualifying under (A) of this 

definition as a major source, if the change 

would constitute a major source by itself.

C. For ozone, any source that is major for volatile 

organic compounds shall be considered major. 

(OAC 252:100-7, Part 7)

The definition of major stationary source was 

deleted in OAC 252:100-1-3 and moved to the 

Oklahoma PSD program on July 16, 2010. This 

deletion is approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

Revisions effective June 12, 2003, Submitted July 

16, 2010

Revisions to the SIP-approved definition are 

approvable. The revisions narrow the definition 
43

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

As effective May 26, 1994

"Malfunction" means any sudden and 

unavoidable failure of air pollution control 

equipment on process or process equipment to 

operate in a normal and usual manner. Failures 

caused entirely or partially by poor maintenance, 

careless operation or any other preventable upset 

condition or preventable equipment failure shall 

not be considered a malfunction. (252:100-9)

"Malfunction" means any sudden and unavoidable 

failure of air pollution control equipment on process 

or process equipment to operate in a normal and 

usual manner. Failures caused entirely or partially 

by poor maintenance, careless operation or any 

other preventable upset condition or preventable 

equipment failure shall not be considered a 

malfunction. (252:100-9) 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.

of malfunction to exclude poor maintenance or 

careless operation, thus making the definition 

more stringent than the initial SIP-approved 

version.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Manual tread end cementing" means the 

application of a solvent based cement to the tire 

tread ends by manufacturers. (252:100-39-44)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Manual tread end cementing" means the 

application of a solvent based cement to the tire 

tread ends by manufacturers. (252:100-39-44)

Deletes redundant text. “Manual tread end 

cementing” is defined at OAC 252:100-39-44.

Deletion is approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Mechanical fuel-burning equipment" means 

fuel-burning equipment incorporating means by 

which fuel is mechanically introduced into the 

combustion chamber.

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Mechanical fuel-burning equipment" means 

fuel-burning equipment incorporating means by 

which fuel is mechanically introduced into the 

combustion chamber.

Deletes redundant text. “Fuel-burning 

equipment” is defined elsewhere in OAC 

252:100-1-3. Deletion is approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999. As effective May 26, 1994

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

water.

No change submitted. Language provided for 

context.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"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:

Revisions effective June 12, 2003, Submitted July 

16, 2010

"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:

Revision is non-substantive and approvable.
44

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

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.

(Effective June 22, 1974)

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. 

(Effective June 22, 1974)

New definition effective June 15, 2006, Submitted July 16, 2010

“National Emission Standards for Hazardous Air Pollutants” or “NESHAP” means those standards 

found in 40 CFR Parts 61 and 63.

Revision provides clarity and is approvable.

New definition effective July 1, 2008, Submitted July 16, 2010

“Nonmethane organic compounds” or “NMOC” means nonmethane organic compounds, as defined 

in 40 CFR 60.754.

Revision provides clarity and is consistent with 

40 CFR 60.751 and 40 CFR 60.754. Revision is 

approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Motor vehicle" means a self-propelled, wheeled 

vehicle designed for normal use on public streets 

and highways. (OAC 252:100-15)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Motor vehicle" means a self-propelled, wheeled 

vehicle designed for normal use on public streets 

and highways. (OAC 252:100-15)

Subchapter 15, which addresses Motor Vehicle 

Control Devices, is removed from the SIP in its 

entirety, so removal of this definition is 

appropriate. The DEQ does not have authority to 

regulate motor vehicles, as defined here. 

Deletion is approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Motor vehicle pollution control devices" 

means any or all of the devices or systems 

referred to in this Section and designed to control 

or prevent air pollution emissions from motor 

vehicles. (OAC 252:100-15)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Motor vehicle pollution control devices" means 

any or all of the devices or systems referred to in 

this Section and designed to control or prevent air 

pollution emissions from motor vehicles. (OAC 

252:100-15)

Subchapter 15 is removed from the SIP in its 

entirety, so removal of this definition is 

appropriate. Motor vehicle pollution control 

devices are regulated under section 203 of the 

CAA. Deletion is approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

Revisions effective June 12, 2003, Submitted July 

16, 2010

Deletes redundant text. “Incinerator” is defined 

elsewhere in OAC 252:100-1-3. Definitions for 

the primary and secondary combustion chamber
45

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

"Multiple-chamber incinerator" means any 

article, machine, equipment, or contrivance or 

part of a structure, used to dispose of refuse or 

garbage by burning, consisting of three or more 

refractory-lined chambers in series, physically 

separated by refractory walls, interconnected by 

gas passage ports or ducts and employing 

adequate design necessary for maximum 

combustion of material to be burned.

"Multiple-chamber incinerator" means any 

article, machine, equipment, or contrivance or part 

of a structure, used to dispose of refuse or garbage 

by burning, consisting of three or more refractorylined chambers in series, physically separated by 

refractory walls, interconnected by gas passage 

ports or ducts and employing adequate design 

necessary for maximum combustion of material to 

be burned.

within the incinerator are provided in 100-17. 

Deletion is approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Necessary preconstruction approvals or 

permits" means those permits or approvals 

required under all applicable air quality control 

laws and rules. (OAC 252:100-7, Parts 5 and 7)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Necessary preconstruction approvals or 

permits" means those permits or approvals required 

under all applicable air quality control laws and 

rules. (OAC 252:100-7, Parts 5 and 7)

The ODEQ moved this SIP-approved definition 

to the Oklahoma PSD program in a revision 

effective June 15, 2006; submitted on July 16, 

2010. This deletion is approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Net emissions increase" when used in OAC 

252:100-7, Part 5, means: 

A. The amount by which the sum of the 

following exceeds zero:

i. any increase in actual emissions from 

a particular physical change or change 

in the method of operation at a source; 

and,

ii. any other increases and decreases in 

actual emissions at the source that are 

contemporaneous with the particular 

change and are otherwise creditable.

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 the Executive Director has 

not relied on it in issuing a permit under 

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Net emissions increase" when used in OAC 

252:100-7, Part 5, means: 

A. The amount by which the sum of the following 

exceeds zero:

i. any increase in actual emissions from a 

particular physical change or change in 

the method of operation at a source; and,

ii. any other increases and decreases in 

actual emissions at the source that are 

contemporaneous with the particular 

change and are otherwise creditable.

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 the Executive Director has not 

relied on it in issuing a permit under OAC 

252:100-7, Part 3, which permit is in effect 

Deleted and moved to the permitting 

requirements for the Oklahoma Part 70 program 

on July 16, 2010.
46

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

OAC 252:100-7, Part 3, 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 or particulate matter which 

occurs before the applicable 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:

i. the old level of actual emissions or the 

old level of allowable emissions, which 

ever is lower, exceeds the new level of 

actual emissions.

ii. it is enforceable at and after the time that 

actual construction on the particular 

change begins.

iii. 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 emission 

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. (OAC 252:100-7, Part 5)

when the increase in actual emissions from the 

particular change occurs.

D. An increase or decrease in actual emissions of 

sulfur dioxide or particulate matter which 

occurs before the applicable 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:

i. the old level of actual emissions or the old 

level of allowable emissions, which ever is 

lower, exceeds the new level of actual 

emissions.

ii. it is enforceable at and after the time that 

actual construction on the particular change 

begins.

iii. 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 emission unit on 

which construction occured 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. (OAC 252:100-7, Part 5)

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Net emissions increase" when used in OAC 

252:100-7, Part 7, means: 

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Net emissions increase" when used in OAC 

252:100-7, Part 7, means: 

Deleted and moved to the Oklahoma PSD 

program on July 16, 2010.
47

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

A. The amount by which the sum of the 

following exceeds zero:

i. any increase in actual emissions from 

a particular physical change or change 

in the method of operation at a source; 

and,

ii. any other increases and decreases in 

actual emission at the source that are 

contemporaneous with the particular 

change and are otherwise creditable.

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 the Executive Director has 

not relied on it in issuing a permit under 

OAC 252:100-7, Part 7, 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 the allowable emissions, 

whichever is lower, exceeds the new 

level of actual emissions.

ii. it is enforceable at and after the time that 

actual construction on the particular 

change begins.

iii. the reviewing authority has not relied on 

it in issuing any permit under State air 

quality regulations.

iv. it has approximately the same qualitative 

significance for public health and 

A. The amount by which the sum of the following 

exceeds zero:

i. any increase in actual emissions from a 

particular physical change or change in 

the method of operation at a source; and,

ii. any other increases and decreases in 

actual emission at the source that are 

contemporaneous with the particular 

change and are otherwise creditable.

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 the Executive Director has not 

relied on it in issuing a permit under OAC 

252:100-7, Part 7, 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 the allowable emissions, whichever 

is lower, exceeds the new level of actual 

emissions.

ii. it is enforceable at and after the time that 

actual construction on the particular change 

begins.

iii. the reviewing authority has not relied on it 

in issuing any permit under State air quality 

regulations.

iv. it has approximately the same qualitative 

significance for public health and welfare 

as that attributed to the increase from the 

particular change.
48

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

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. (OAC 252:100-7, Part 7)

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. (OAC 252:100-7, Part 7)

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"New installation (source or equipment)" 

means an air contaminant source which is not in 

being on the effective date of these regulations 

and any existing source which is altered, 

replaced, or rebuilt after the effective date of the 

regulations such that the amount of air 

contaminant emissions is increased.

Revisions effective June 12, 2003, Submitted July 

16, 2010

“New installation (source or equipment)”, “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 altered, replaced, or 

reconstructed rebuilt after the effective date of the 

regulations such that the amount of air contaminant 

emissions is increased.

Revisions add clarity and are approvable.

New definition effective June 15, 2006, Submitted July 16, 2010

“New Source Performance Standards” or “NSPS” means those standards found in 40 CFR Part 60.

Revision provides clarity and is approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"New portable source" means a portable source 

that has never operated within the State of 

Oklahoma. This includes sources that are initially 

constructed and existing facilities that are 

relocating into Oklahoma from another state. 

(Effective July 1, 1977)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"New portable source" means a portable source 

that has never operated within the State of 

Oklahoma. This includes sources that are initially 

constructed and existing facilities that are relocating 

into Oklahoma from another state. (Effective July 1, 

1977)

This deletion is approvable. The Oklahoma SIP 

authorizes portable stationary sources at OAC 

252:100-8-33 under the Exemptions from PSD 

requirements. The ODEQ submitted revisions on 

July 16, 2010, to the portable facility 

requirements effective June 15, 2006.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Nitric acid plant" means process involving the 

high temperature oxidation of ammonia with air 

over a catalyst to form nitric oxide which is 

reacted with air to form nitrogen dioxide which is 

absorbed in water to weak nitric acid which may 

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Nitric acid plant" means process involving the 

high temperature oxidation of ammonia with air 

over a catalyst to form nitric oxide which is reacted 

with air to form nitrogen dioxide which is absorbed 

in water to weak nitric acid which may be 

concentrated. The plant consists of, but is not 

Deletion is approvable. The Oklahoma Part 70

and PSD programs separately identify nitric acid 

plants as major stationary sources.
49

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

be concentrated. The plant consists of, but is not 

limited to, the reactor, absorber, concentrator and 

other auxiliaries pertinent to the process.

limited to, the reactor, absorber, concentrator and 

other auxiliaries pertinent to the process.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Nitrocellulose lacquers" means a chemical 

coating containing nitrocellulose and suitable 

resinous modifiers, and whose primary mode of 

cure is solvent evaporation. (OAC 252:100-37)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Nitrocellulose lacquers" means a chemical 

coating containing nitrocellulose and suitable 

resinous modifiers, and whose primary mode of 

cure is solvent evaporation. (OAC 252:100-37)

Deletes redundant text. “Nitrocellulose lacquer”

is defined at OAC 252:100-37-2. Deletion is 

approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Odorant (odor)" means that property of a 

material that affects the sense of smell.

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Odorant (odor)" means that property of a material 

that affects the sense of smell.

Deletes redundant text. The term is common. 

Deletion is approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Opacity" means equivalent opacity.

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Opacity" means equivalent opacity the degree to 

which emissions reduce the transmission of light 

and obscure the view of an object in the 

background.

Revisions are consistent with the definition in the 

EPA’s Visual Emissions Field Manual for EPA 

Methods 9 and 22.1 Revisions are also consistent 

with definition for “Opacity” at OAC 252:100-

25-2.1. Revisions are approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Open burning" means the burning of 

combustible materials in such a manner that the 

products of combustion are emitted directly to the 

outside atmosphere. (OAC 252:100-13)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Open burning" means the burning of combustible 

materials in such a manner that the products of 

combustion are emitted directly to the outside 

atmosphere. (OAC 252:100-13)

Revision is non-substantive and approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Organic materials" means chemical 

compounds of carbon excluding carbon 

monoxide, carbon dioxide, carbonic acid, 

metallic carbides, metallic carbonates, and 

ammonium carbonate.

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Organic materials" means chemical compounds 

of carbon excluding carbon monoxide, carbon 

dioxide, carbonic acid, metallic carbides, metallic 

carbonates, and ammonium carbonate.

Deletes redundant text. Organic materials are 

addressed in OAC 252:100-37 and OAC 

252:100-39. Deletion is approvable.

 1 See http://www.epa.gov/ttn/emc/methods/VEFieldManual.pdf
50

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Organic solvents" 

A. when used in Subchapter 37 of this Chapter, 

means organic materials including diluents 

and thinners which are liquids at standard 

conditions and which are used as dissolvers, 

viscosity reducers or cleaning agents, except 

that such materials which exhibit a boiling 

point higher than 220°F. at 0.5 millimeters of 

mercury absolute pressure or having an 

equivalent vapor pressure shall not be 

considered to be solvents unless exposed to 

temperatures exceeding 220°F. However, the 

following listed materials are presently 

judged to be suitable for exclusion to any 

control:

i. methane,

ii. ethane,

iii. 1,1,1-trichloroethane (methyl 

chloroform),

iv. trichlorotrifluoroethane (freon 113), and

v. methylene chloride (dichloromethane). 

(OAC 252:100-37)

B. when used in the remainder of this Chapter, 

unless specifically defined otherwise, means 

organic materials including diluents and 

thinners which are liquids at standard 

conditions and which are used as dissolvers, 

viscosity reducers or cleaning agents, except 

that such materials which exhibit a boiling 

point higher than 220°F. at 0.5 millimeters of 

mercury absolute pressure or having an 

equivalent vapor pressure shall not be 

considered to be solvents unless exposed to 

temperatures exceeding 220°F. (Effective 

June 22, 1974)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Organic solvents" 

A. when used in Subchapter 37 of this Chapter, 

means organic materials including diluents and 

thinners which are liquids at standard 

conditions and which are used as dissolvers, 

viscosity reducers or cleaning agents, except 

that such materials which exhibit a boiling point 

higher than 220°F. at 0.5 millimeters of 

mercury absolute pressure or having an 

equivalent vapor pressure shall not be 

considered to be solvents unless exposed to 

temperatures exceeding 220°F. However, the 

following listed materials are presently judged 

to be suitable for exclusion to any control:

i. methane,

ii. ethane,

iii. 1,1,1-trichloroethane (methyl chloroform),

iv. trichlorotrifluoroethane (freon 113), and

v. methylene chloride (dichloromethane). 

(OAC 252:100-37)

B. when used in the remainder of this Chapter, 

unless specifically defined otherwise, means 

organic materials including diluents and 

thinners which are liquids at standard 

conditions and which are used as dissolvers, 

viscosity reducers or cleaning agents, except 

that such materials which exhibit a boiling point 

higher than 220°F. at 0.5 millimeters of 

mercury absolute pressure or having an 

equivalent vapor pressure shall not be 

considered to be solvents unless exposed to 

temperatures exceeding 220°F. (Effective June 

22, 1974)

Deletes redundant text. The term “organic 

solvents” is not used in OAC 252:100-37 or 

OAC 252:100-39, both of which address the 

emission of organic materials, including solvents. 

This deletion is approvable.

New definition effective July 1, 2008; Submitted July 16, 2010
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Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

“Organic compound” means any chemical compound containing the elemental carbon.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Owner or operator" means any person who 

owns, leases, operates, controls or supervises a 

source. (Effective June 22, 1974)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Owner or operator" means any person who owns, 

leases, operates, controls or supervises a source. 

(Effective June 22, 1974)

Revision is not substantive and is approvable.

New definition effective June 15, 2006, Submitted July 16, 2010

“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.

This new definition is approvable. The ODEQ is 

moving an existing SIP-approved definition from 

OAC 252:100-8-1.1 to OAC 252:100-1-3 

because the definition applies to the entirety of 

the Oklahoma SIP.

New definition effective June 15, 2006, Submitted July 16, 2010

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

This new definition is approvable. The ODEQ is 

moving an existing SIP-approved definition from 

OAC 252:100-8-1.1 to OAC 252:100-1-3 

because the definition applies to the entirety of 

the Oklahoma SIP.

New definition effective June 15, 2006, Submitted July 16, 2010

“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).

This new definition is approvable. The ODEQ is 

moving an existing SIP-approved definition from 

OAC 252:100-8-1.1 to OAC 252:100-1-3 

because the definition applies to the entirety of 

the Oklahoma SIP.

OAC 252:100-1-3 

Definitions.

SIP-Approved by EPA 

on November 3, 1999.

As effective May 26, 

1994

"PM-10 emissions" 

means finely divided 

solid or liquid material 

with an aerodynamic 

diameter less than or 

equal to a nominal 10 

micrometers, as 

measured during a stack 

test of the source's 

emissions.

Revisions effective June 

12, 2003, Submitted 

July 16, 2010

“PM-10 emissions”

means finely divided 

solid or liquid material 

particulate matter with 

an aerodynamic 

diameter less than or 

equal to a nominal 10 

micrometers, as 

measured during a stack 

test of the source's 

emissions.

Revisions effective July 

1, 2008, Submitted July 

16, 2010

“PM-10 emissions”

means particulate 

matter emitted to the 

ambient air with an 

aerodynamic diameter 

of 10 micrometers or 

less than or equal to a 

nominal 10 

micrometers, as 

measured during a stack 

test of the source's 

emissions. by 

applicable reference 

methods, or an 

Revisions effective July 

1, 2012; Submitted 

January 18, 2013

“PM10 PM-10 

emissions” means 

particulate matter 

emitted to the ambient 

air with an aerodynamic 

diameter of 10 

micrometers or less by 

applicable reference 

methods, or an 

equivalent or alternative 

method.

Consistent with 40 CFR, parts 50 and 53, and 40 

CFR 51.100(rr). Revisions are approvable.
52

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

equivalent or alternative 

method.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"PM-10 (particulate matter - 10 micrometers)" 

means particulate matter with an aerodynamic 

diameter less than or equal to a nominal 10 

micrometers as measured by a federal reference 

method based on Appendix J of 40 CFR Part 50.

Revisions effective July 

1, 2008; Submitted July 

16, 2010

“PM-10 (particulate 

matter - 10 

micrometers)” means 

particulate matter with 

an aerodynamic 

diameter of 10 

micrometers or less than 

or equal to a nominal 10 

micrometers as 

measured by a federal 

reference method based 

on Appendix J of 40 

CFR Part 50.

Revisions effective July 

1, 2012; Submitted 

January 18, 2013

“PM10 PM-10” means 

particulate matter with 

an aerodynamic 

diameter of 10 

micrometers or less.

Revisions are consistent with 40 CFR 50.6 and 

40 CFR 51.100(qq), and are approvable.

New definition effective July 1, 2008; Submitted 

July 16, 2010

“PM-2.5” means particulate matter with an 

aerodynamic diameter of 2.5 micrometers or less.

Revisions effective July 1, 2012; Submitted 

January 18, 2013

“PM2.5 PM-2.5” means particulate matter with an 

aerodynamic diameter of 2.5 micrometers or less.

Revisions are consistent with 40 CFR 50.18 and 

are approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Packaging rotogravure printing" means 

rotogravure printing upon paper, paper board, 

metal foil, plastic film, and other substrates 

which are, in subsequent operations, formed into 

packaging products and labels for articles to be 

sold. (252:100-39-43)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Packaging rotogravure printing" means 

rotogravure printing upon paper, paper board, metal 

foil, plastic film, and other substrates which are, in 

subsequent operations, formed into packaging 

products and labels for articles to be sold. (252:100-

39-43)

Deletes redundant text. “Packaging rotogravure

printing” is defined at OAC 252:100-39-43. 

Deletion is approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Paper mill" means a plant in which paper, 

paperboard, cardboard, paper felt, or similar 

material is produced from waste paper products, 

wood chips and/or pulp slurry, including, but not 

limited to, mixers, forming screens, suction 

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Paper mill" means a plant in which paper, 

paperboard, cardboard, paper felt, or similar 

material is produced from waste paper products, 

wood chips and/or pulp slurry, including, but not 

limited to, mixers, forming screens, suction boxes, 

The deletion of “paper mill” is approvable. This 

definition is a widely used, common definition in 

scientific and engineering communities and does 

not need to be defined specific to the Oklahoma 

SIP.
53

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

boxes, dryers, filters, paper rolls and other 

auxiliary equipment pertinent to the process.

dryers, filters, paper rolls and other auxiliary 

equipment pertinent to the process.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Particle board" means mat-formed flat panels 

consisting of wood particles bonded together 

with synthetic resin or other suitable binder.

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Particle board" means mat-formed flat panels 

consisting of wood particles bonded together with 

synthetic resin or other suitable binder.

The deletion of “particle board” is approvable. 

This definition is a widely used, common 

definition in scientific and engineering 

communities and does not need to be defined 

specific to the Oklahoma SIP.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Particulate matter" means any material that 

exists in a finely divided form as a liquid or a 

solid.

Revisions effective July 1, 2008, Submitted July 16, 

2010

“Particulate matter” or “PM” means any material 

that exists in a finely divided form as a liquid or a 

solid.

Revision adds clarity and is approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Particulate matter emissions" means are finely 

divided solid or liquid material as measured 

during a stack test of the source's emissions.

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Particulate matter emissions" means are finely 

divided solid or liquid material as measured during 

a stack test of the source's emissions particulate 

matter emitted to the ambient air as measured by 

applicable reference methods, or an equivalent or 

alternative method.

Revisions are consistent with 40 CFR part 50 and 

are approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Passenger type tire" means agricultural, 

airplane, industrial, mobile home, light and 

medium duty truck, and passenger vehicle tires 

with a bead diameter up to but not including 20.0 

inches and cross section dimension up to 12.8 

inches. (252:100-39-44)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Passenger type tire" means agricultural, airplane, 

industrial, mobile home, light and medium duty 

truck, and passenger vehicle tires with a bead 

diameter up to but not including 20.0 inches and 

cross section dimension up to 12.8 inches. 

(252:100-39-44)

Deletes redundant text. “Passenger type tire” is 

defined at OAC 252:100-39-44. Deletion is 

approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Petroleum and natural gas processes" means 

processes used in the processing of crude 

petroleum and/or natural gas into refined 

products including, but not limited to, distillation 

columns, treating columns, catalytic cracking 

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Petroleum and natural gas processes" means 

processes used in the processing of crude petroleum 

and/or natural gas into refined products including, 

but not limited to, distillation columns, treating 

columns, catalytic cracking units, catalytic 

reforming units, sulfur removal equipment, 

Deletes redundant text. Such processes would be 

regulated by the State under OAC 252:100-35, 

OAC 252:100-37, and OAC 252:100-39.
54

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

units, catalytic reforming units, sulfur removal 

equipment, petroleum coke units, flares, heat 

exchangers, reboilers, jet ejectors, compressors, 

recompressors and other auxiliary equipment 

pertinent to the process.

petroleum coke units, flares, heat exchangers, 

reboilers, jet ejectors, compressors, recompressors 

and other auxiliary equipment pertinent to the 

process.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Petroleum liquids" means crude oil, 

condensate, and any finished or intermediate 

liquid products manufactured or extracted in a 

petroleum refinery. (OAC 252:100-39, Part 5)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Petroleum liquids" means crude oil, condensate, 

and any finished or intermediate liquid products 

manufactured or extracted in a petroleum refinery. 

(OAC 252:100-39, Part 5)

Deletes redundant text. “Petroleum liquid” is 

defined at OAC 252:100-39-30. Deletion is 

approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Petroleum refinery" means any facility 

engaged in producing gasoline, aromatics, 

kerosene, distillate fuel oils, residual fuel oils, 

lubricants, asphalt, or other products through 

distillation of crude oil and other hydrocarbons or 

through redistillation, cracking, rearrangement or 

reforming or unfinished petroleum derivatives. 

(OAC 252:100-39, Part 3)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Petroleum refinery" means any facility engaged 

in producing gasoline, aromatics, kerosene, distillate 

fuel oils, residual fuel oils, lubricants, asphalt, or 

other products through distillation of crude oil and 

other hydrocarbons or through redistillation, 

cracking, rearrangement or reforming or unfinished 

petroleum derivatives. (OAC 252:100-39, Part 3)

Deletes redundant text. “Petroleum refinery” is 

defined at OAC 252:100-39-2. Deletion is 

approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Photochemically reactive solvent" means any 

solvent with an aggregate more than 20 percent 

of its total volume composed of the chemical 

compounds classified below or which exceeds 

any of the following individual percentage 

composite limitations, referred to the total 

volume of solvent:

A. a combination of hydrocarbons, alcohols, 

aldehydes, esters, ethers, or ketones having 

an olefinic or cyclo-olefinic type of 

unsaturation: 5 percent;

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Photochemically reactive solvent" means any 

solvent with an aggregate more than 20 percent of 

its total volume composed of the chemical 

compounds classified below or which exceeds any 

of the following individual percentage composite 

limitations, referred to the total volume of solvent:

A. a combination of hydrocarbons, alcohols, 

aldehydes, esters, ethers, or ketones having an 

olefinic or cyclo-olefinic type of unsaturation: 5 

percent;

B. a combination of aromatic compounds with 

either eight (8) or more carbon atoms to the 

molecule except ethylbenzene: 8 percent;

OAC 252:100-37 or OAC 252:100-39, both of 

which address the emission of organic materials, 

including solvents. However, neither of these 

chapters use the term “photochemically reactive 

solvent”. This deletion is approvable.
55

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

B. a combination of aromatic compounds with 

either eight (8) or more carbon atoms to the 

molecule except ethylbenzene: 8 percent;

C. a combination of ethylbenzene, ketones 

having branched hydrocarbon structures, 

trichloroethylene or toluene: 20 percent.

Whenever any organic solvent or any constituent 

of an organic solvent may be classified from its 

chemical structure into more than one of the 

above groups of organic compounds, it shall be 

considered as a member of the most reactive 

chemical group; that is, that group having the 

least allowable percent of the total volume of

solvents.

C. a combination of ethylbenzene, ketones having 

branched hydrocarbon structures, 

trichloroethylene or toluene: 20 percent.

Whenever any organic solvent or any constituent of 

an organic solvent may be classified from its 

chemical structure into more than one of the above 

groups of organic compounds, it shall be considered 

as a member of the most reactive chemical group; 

that is, that group having the least allowable percent 

of the total volume of solvents.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Plywood" means panel built generally of a 

number of thin sheets of veneers of wood in 

which the grain direction of each ply or layer is at 

an angle to the one adjacent to it.

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Plywood" means panel built generally of a number 

of thin sheets of veneers of wood in which the grain 

direction of each ply or layer is at an angle to the 

one adjacent to it.

The deletion of “plywood” is approvable. This 

definition is a widely used, common definition in 

scientific and engineering communities and does 

not need to be defined specific to the Oklahoma 

SIP.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Pneumatic rubber tire manufacture" means 

the production of pneumatic rubber, passenger 

type tire on a mass production basis. (OAC 

252:100-39-44)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Pneumatic rubber tire manufacture" means the 

production of pneumatic rubber, passenger type tire 

on a mass production basis. (OAC 252:100-39-44)

Deletes redundant text. “Pneumatic rubber tire 

manufacture” is defined at OAC 252:100-39-

44. Deletion is approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Portable source" means a source with design 

and intended use to allow disassembly or 

relocation. (Effective July 1, 1977)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Portable source" means a source with design and 

intended use to allow disassembly or relocation. 

(Effective July 1, 1977)

This deletion is approvable. The Oklahoma SIP 

authorizes portable stationary sources at OAC 

252:100-8-33 under the Exemptions from PSD 

requirements. The ODEQ submitted revisions on 

July 16, 2010, to the portable facility 

requirements effective June 15, 2006.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Potential to emit" means the maximum 

capacity of a source to emit a pollutant under its 

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Potential to emit" means the maximum capacity 

of a source to emit a pollutant under its physical and 

operational design. Any physical or operational 

Edits are non-substantive and approvable.
56

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

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. (OAC 252:100-

7, Parts 5 and 7)

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. (OAC 

252:100-7, Parts 5 and 7)

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Prevention of significant deterioration" means 

increments for the protection of attainment areas 

as codified in OAC 252:100-3.

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Prevention of significant deterioration" or 

“PSD” means increments for the protection of 

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

Revision adds clarity and is approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999. As effective May 26, 1994

"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.

No change submitted. Language provided for 

context.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999. As effective May 26, 1994

"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.

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.

No change submitted. Language provided for 

context.

New definition effective June 15, 2006, Submitted July 16, 2010

“Reasonably available control technology” or “RACT” means devices, systems, process 

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

New definition is consistent with 40 CFR 

51.100(o). Revision is approvable.
57

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

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.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Products of combustion" means all particulate 

and gaseous air contaminants emitted as a result 

of the burning of refuse and combustible 

materials. (OAC 252:100-13)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Products of combustion" means all particulate 

and gaseous air contaminants emitted as a result of 

the burning of refuse and combustible materials. 

(OAC 252:100-13)

Deletes redundant text. “Products of 

combustion” is defined at OAC 252:100-13-2. 

Deletion is approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Publication rotogravure printing" means 

rotogravure printing upon paper which is 

subsequently formed into books, magazines, 

catalogues, brochures, directories, newspaper 

supplements, and other types of printed materials. 

(OAC 252:100-39-43)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Publication rotogravure printing" means 

rotogravure printing upon paper which is 

subsequently formed into books, magazines, 

catalogues, brochures, directories, newspaper 

supplements, and other types of printed materials. 

(OAC 252:100-39-43)

Deletes redundant text. “Publication 

rotogravure printing” is defined at OAC 

252:100-39-43. Deletion is approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"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.

Revisions effective June 12, 2003, Submitted July 

16, 2010

"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, smeltdissolving tank, mixers, heat exchangers, gas 

scrubbers and other auxiliaries pertinent to the 

process.

The deletion of “pulp mill” is approvable. This 

definition is a widely used, common definition in 

scientific and engineering communities and does 

not need to be defined specific to the Oklahoma 

SIP.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999. As effective May 26, 1994

"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);

No change submitted. Language provided for 

context.
58

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

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.

a reconstructed source will be treated as a new source for purposes of OAC 252:100-7, Part 7.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"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. (OAC 252:100-

37)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"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. (OAC 252:100-37)

Revision is non-substantive and approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Refinery unit" means a set of components 

which are a part of a basic process operation, 

such as, distillation, hydrotreating, cracking or 

reforming of hydrocarbons. (OAC 252:100-39, 

Part 3)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Refinery unit" means a set of components which 

are a part of a basic process operation, such as, 

distillation, hydrotreating, cracking or reforming of 

hydrocarbons. (OAC 252:100-39, Part 3)

Deletes redundant text. “Refinery unit” is 

defined at OAC 252:100-39-2. Deletion is 

approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Refuse" 

A. when used in Subchapter 13 of this Chapter, 

means garbage, rubbish, and all other wastes 

generated by a trade, business, industry, 

building operation, or household. (OAC 

252:100-13)

B. when used in the remainder of this Chapter, 

unless specifically defined otherwise, means 

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 

Revisions effective June 12, 2003, Submitted July 

16, 2010

“Refuse”

A. when used in Subchapter 13 of this Chapter, 

means garbage, rubbish, and all other wastes 

generated by a trade, business, industry, 

building operation, or household. (OAC 

252:100-13)

B. when used in the remainder of this Chapter, 

unless specifically defined otherwise, 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 

Revisions delete redundant text and refine the 

definition.

“Refuse” is also defined at OAC 252:100-13-2.

Revisions are approvable.
59

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

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.

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.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999. As effective May 26, 1994

"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.

No change submitted. Language provided for 

context.

New definition effective July 1, 2009; Submitted July 16, 2010

“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.

This definition is approvable. The general 

definition of “regulated air pollutant” is 

applicable to the entire Oklahoma SIP and will 

be used for fee assessments under Chapter 5. 

Note that the PSD program contains a separate 

definition of “regulated air pollutant” specific to 

the PSD program. 

New definition effective June 12, 2003, Submitted July 16, 2010

“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.

The definition of “responsible official” at OAC 

252:100-1-3 submitted on July 16, 2010, is 

consistent with the definition at 40 CFR 70.2 in

the Part 70 Operating Permits program 

requirements. It is appropriate for the Part 70

definition of responsible official to be approved 

into the SIP because both the PSD and NNSR 

program requirements for PALs rely on the use 

of the responsible official as defined in the Part 

70 program. 

This definition is approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

Revisions effective June 12, 2003, Submitted July 

16, 2010

The deletion of the definition of “Resource 

recovery facility” is approvable. Requirements 
60

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

As effective May 26, 1994

"Resource recovery facility" means any facility 

at which solid waste is processed for the purpose 

of extracting, converting to energy, or otherwise 

separating and preparing solid waste for reuse. 

Energy conversion facilities must utilize solid 

waste to provide more than 50 percent of the heat 

input to be considered a resource recovery 

facility under OAC 252:100-7, Part 7.

"Resource recovery facility" means any facility at 

which solid waste is processed for the purpose of 

extracting, converting to energy, or otherwise 

separating and preparing solid waste for reuse. 

Energy conversion facilities must utilize solid waste 

to provide more than 50 percent of the heat input to 

be considered a resource recovery facility under 

OAC 252:100-7, Part 7.

for resource recovery facility are specifically 

contained in OAC 252:100-17.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Ringelmann chart" means the chart published 

and described in the U.S. Bureau of Mines 

Information Circular 8333.

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Ringelmann chart" means the chart published and 

described in the U.S. Bureau of Mines Information 

Circular 8333.

The deletion of “Ringlemann Chart” is 

approvable. This definition is a widely used, 

common definition in scientific and engineering 

communities and does not need to be defined 

specific to the Oklahoma SIP.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Roll printing" means the application of words, 

designs and pictures to a substrate usually by 

means of a series of hard rubber or steel rolls 

each with only partial coverage. (OAC 252:100-

39-43)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Roll printing" means the application of words, 

designs and pictures to a substrate usually by means 

of a series of hard rubber or steel rolls each with 

only partial coverage. (OAC 252:100-39-43)

Deletes redundant text. “Roll printing” is 

defined at OAC 252:100-39-43. Deletion is 

approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Rotogravure printing" means the application 

of works, designs and pictures to a substrate by 

means of a roll printing technique which involves 

an intaglio or recessed image areas in the form of 

cells. (OAC 252:100-39-43)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Rotogravure printing" means the application of 

works, designs and pictures to a substrate by means 

of a roll printing technique which involves an 

intaglio or recessed image areas in the form of cells. 

(OAC 252:100-39-43)

Deletes redundant text. “Rotogravure printing”

is defined at OAC 252:100-39-43. Deletion is 

approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Secondary emissions" means emissions which 

occur as a result of the construction or operation 

of a major stationary source or modification, but

do not come from the source or modification 

itself. For the purposes of OAC 252:100-7, Parts 

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Secondary emissions" means emissions which 

occur as a result of the construction or operation of 

a major stationary source or modification, but do 

not come from the source or modification itself. For 

the purposes of OAC 252:100-7, Parts 5 and 7, 

secondary emissions must be specific, well defined, 

Deletes redundant text. Secondary emissions are 

defined at OAC 252:100-8-1.1 in the Oklahoma 

SIP for purposes of the Oklahoma PSD and 

NNSR programs. This deletion is approvable.
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Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

5 and 7, secondary emissions must be specific, 

well defined, quantifiable, and impact the same 

general areas as the source or modification which 

causes the secondary emissions. Secondary 

emissions may include, but are not limited to:

A. emissions from trains coming to or from the 

new or modified stationary source; and,

B. emissions from any offsite support facility 

which would not otherwise be constructed or 

increase its emissions as a result of the 

construction or operation of the major source 

or modification. (OAC 252:100-7, Parts 5 

and 7)

quantifiable, and impact the same general areas as 

the source or modification which causes the 

secondary emissions. Secondary emissions may 

include, but are not limited to:

A. emissions from trains coming to or from the 

new or modified stationary source; and,

B. emissions from any offsite support facility 

which would not otherwise be constructed or 

increase its emissions as a result of the 

construction or operation of the major source or 

modification. (OAC 252:100-7, Parts 5 and 7)

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Shutdown" means the cessation of operation of 

any pollution control equipment process or 

process equipment other than routine phasing out 

of process units. As used in this regulation, the 

term "phasing out" refers to the permanent 

cessation of use of a piece of process equipment. 

(OAC 252:100-9)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Shutdown" means the cessation of operation of 

any process, process equipment, or air pollution 

control equipment process or process equipment 

other than routine phasing out of process units. As 

used in this regulation, the term "phasing out" refers 

to the permanent cessation of use of a piece of 

process equipment. (OAC 252:100-9)

Revisions to the SIP-approved definition are 

approvable. The revisions clarify the existing 

definition.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Significant" when used in OAC 252:100-7, Part 

5, 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 rates:

i. carbon monoxide: 100 tons per year 

(tpy)

ii. nitrogen oxides: 40 tpy

iii. sulfur dioxide: 40 tpy

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Significant" when used in OAC 252:100-7, Part 5, 

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 rates:

i. carbon monoxide: 100 tons per year (tpy)

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 

emissions

Definition of “significant” has been deleted and 

moved to the Oklahoma Part 70 program 

permitting requirements on July 16, 2010. 

Deletion is approvable.
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Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

iv. particulate matter: 25 tpy of particulate 

matter emissions or 15 tpy of PM-10 

emissions

v. ozone: 40 tpy of volatile organic 

compounds

vi. lead: 0.6 tpy

vii. asbestos: 0.007 tpy

viii. beryllium: 0.0004 tpy

ix. mercury: 0.1 tpy

x. vinyl chloride: 1 tpy

xi. fluorides: 3 tpy

xii. sulfuric acid mist: 7 tpy

xiii. hydrogen sulfide (H2S): 10 tpy

xiv. total reduced sulfur (including H2S): 10 

tpy

xv. reduced sulfur compounds (including 

H2S): 10 tpy

B. notwithstanding (A) of this definition, 

"significant" means any emissions rate or any 

net emissions increase associated with a 

major source or 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 ug/m3 (24-hour average). 

(OAC 252:100-7, Part 5)

v. ozone: 40 tpy of volatile organic 

compounds

vi. lead: 0.6 tpy

vii. asbestos: 0.007 tpy

viii. beryllium: 0.0004 tpy

ix. mercury: 0.1 tpy

x. vinyl chloride: 1 tpy

xi. fluorides: 3 tpy

xii. sulfuric acid mist: 7 tpy

xiii. hydrogen sulfide (H2S): 10 tpy

xiv. total reduced sulfur (including H2S): 10 tpy

xv. reduced sulfur compounds (including H2S): 

10 tpy

B. notwithstanding (A) of this definition, 

"significant" means any emissions rate or any 

net emissions increase associated with a major 

source or 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 

ug/m3 (24-hour average). (OAC 252:100-7, Part 

5)

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Significant" when used in OAC 252:100-7, Part 

7, means 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 rates:

A. carbon monoxide: 100 tons per year (tpy)

B. nitrogen oxides: 40 tpy

C. sulfur dioxide: 40 tpy

D. particulate matter: 15 tpy of PM-10 

emissions

E. ozone: 40 tpy of volatile organic compounds

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Significant" when used in OAC 252:100-7, Part 7, 

means 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 rates:

A. carbon monoxide: 100 tons per year (tpy)

B. nitrogen oxides: 40 tpy

C. sulfur dioxide: 40 tpy

D. particulate matter: 15 tpy of PM-10 emissions

E. ozone: 40 tpy of volatile organic compounds

F. lead: 0.6 tpy. (OAC 252:100-7, Part 7)

Definition of “Significant” has been deleted and 

moved to the Oklahoma PSD program on July 

16, 2010. Deletion is approvable.
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Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

F. lead: 0.6 tpy. (OAC 252:100-7, Part 7)

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999. As effective May 26, 1994

"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.

No change submitted. Language provided for 

context.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Soiling index" means a measure of the soiling 

properties of suspended particulates determined 

by drawing a known volume of air through a 

known area of filter paper tape and measuring the 

optical density of the filtered deposit as given in 

the American Society for Testing Materials 

Standard D 1704-61, expressed in coefficient of 

haze (COH's) per 1000 linear feet.

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Soiling index" means a measure of the soiling 

properties of suspended particulates determined by 

drawing a known volume of air through a known 

area of filter paper tape and measuring the optical 

density of the filtered deposit as given in the 

American Society for Testing Materials Standard D 

1704-61, expressed in coefficient of haze (COH's) 

per 1000 linear feet.

The American Society for Testing Materials 

Standard D1704 has been withdrawn. The 

deletion of the definition of “Soiling index” is 

approvable. 

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Source gas volume" means the volume in 

standard cubic feet, of all gases leaving a source 

operation; for purposes of this definition, the 

boundary of a source operation is that point or 

surface at which the separation of the air 

contaminants from the process materials, or the 

conversion of the process materials, or the 

conversion of the process materials into air 

contaminants, is essentially complete.

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Source gas volume" means the volume in standard 

cubic feet, of all gases leaving a source operation; 

for purposes of this definition, the boundary of a 

source operation is that point or surface at which the 

separation of the air contaminants from the process 

materials, or the conversion of the process 

materials, or the conversion of the process materials 

into air contaminants, is essentially complete.

The deletion of “source gas volume” is 

approvable. This definition is a widely used 

scientific and engineering principle and does not 

need to be defined specific to the Oklahoma SIP.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999. As effective May 26, 1994

"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.

No change submitted. Language provided for 

context.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on 

November 3, 1999.

Revisions effective June 12, 

2003, Submitted July 16, 2010

Revisions effective June 15, 

2006, Submitted July 16, 2010

Revisions add clarity to the existing SIPapproved definition. Continues to meet the intent 
64

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

As effective May 26, 1994

"Stack" means any chimney, 

flue, duct, conduit, exhaust, vent 

or opening of any kind 

whatsoever capable of, or used 

for, the emission of air 

contaminants.

"Stack" means any chimney, 

flue, duct, conduit, exhaust, vent 

or opening of any kind 

whatsoever capable of, or used 

for, the emission of air 

contaminants. , unless 

specifically defined otherwise, 

any chimney, flue, duct, conduit, 

exhaust, vent or opening 

designed or specifically intended 

to conduct emissions to the 

atmosphere.

"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.

of the definition at 40 CFR 51.100(ff). Revisions 

are approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999. As effective May 26, 1994

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

pressure of 14.7 pounds per square inch absolute.

No change submitted. Language provided for 

context.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Standard cubic foot of gas" means that amount 

of gas which would occupy a cube having 

dimensions of one foot on each side, if the gas 

were at standard conditions; calculations to 

determine the number of standard cubic feet 

corresponding to actual measured conditions 

shall follow accepted engineering practice.

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Standard cubic foot of gas" means that amount of 

gas which would occupy a cube having dimensions 

of one foot on each side, if the gas were at standard 

conditions; calculations to determine the number of 

standard cubic feet corresponding to actual 

measured conditions shall follow accepted 

engineering practice.

The deletion of “standard cubic foot of gas” is 

approvable. This definition is a widely used 

scientific and engineering principle and does not 

need to be defined specific to the Oklahoma SIP.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Standard dry cubic foot of gas" means that 

amount of the gas which would occupy a cube 

having dimensions of one foot on each side, if the 

gas were free of water vapor and at standard 

condition; calculations to determine the number 

of standard dry cubic feet corresponding to actual 

measured conditions shall follow accepted 

engineering practice.

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Standard dry cubic foot of gas" means that 

amount of the gas which would occupy a cube 

having dimensions of one foot on each side, if the 

gas were free of water vapor and at standard 

condition; calculations to determine the number of 

standard dry cubic feet corresponding to actual 

measured conditions shall follow accepted 

engineering practice.

The deletion of “standard dry cubic foot of gas” 

is approvable. This definition is a widely used 

scientific and engineering principle and does not 

need to be defined specific to the Oklahoma SIP.
65

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Startup" means the setting into operation of any 

air pollution control equipment, process or 

process equipment for any purpose other than 

routine phasing in of process units. As used in 

this Chapter, the term "phasing in" refers to the 

initial introduction of a piece of process 

equipment into the particular process. (OAC 

252:100-9)

Revisions effective June 12, 2003, Submitted July 

16, 2010

“Startup” means the setting into operation of any 

process, process equipment, or air pollution control 

equipment, process or process equipment for any 

purpose other than routine phasing in of process 

units. As used in this Chapter, the term "phasing in" 

refers to the initial introduction of a piece of process 

equipment into the particular process. (OAC 

252:100-9).

Revisions to the SIP-approved definition are 

approvable. The revision clarifies the existing 

definition.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Stationary engine" means an internal 

combustion engine not providing motive power 

to a motor vehicle. Stationary external 

combustion engines are included in the definition 

for fuel-burning equipment.

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Stationary engine" means an internal combustion 

engine not providing motive power to a motor 

vehicle. Stationary external combustion engines are 

included in the definition for fuel-burning 

equipment.

Deletes redundant text. See the definition for 

fuel-burning equipment, provided elsewhere in 

OAC 252:100-1-3.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on 

November 3, 1999.

As effective May 26, 1994

"Stationary source" 

A. when used in OAC 252:100-

7, Parts 5 and 7, means any 

building, structure, facility 

or installation which emits 

or may emit any air pollutant 

subject to regulation. (OAC 

252:100-7, Parts 5 and 7)

B. when used in the remainder 

of this Chapter, unless 

specifically defined 

otherwise, means any 

building, structure, facility, 

or installation either fixed or 

portable, whose design and 

intended use is at a fixed 

Revisions effective June 12, 

2003, Submitted July 16, 2010

“Stationary source”

A. when used in OAC 252:100-

7, Parts 5 and 7, means any 

building, structure, facility 

or installation which emits 

or may emit any air 

pollutant subject to 

regulation. (OAC 252:100-7, 

Parts 5 and 7)

B. when used in the remainder 

of this Chapter, means, 

unless specifically defined 

otherwise, means any 

building, structure, facility, 

or installation either fixed or 

portable, whose design and 

intended use is at a fixed 

location and emits or may 

Revisions effective June 15, 

2006, Submitted July 16, 2010

“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.

The revisions to the general definition of 

“stationary source” are approvable. The 

Oklahoma PSD, NNSR, and Part 70 programs 

separately define major stationary source as 

required under those programs.
66

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

location and emits or may 

emit an air pollutant. 

(Effective July 1, 1977)

emit an air pollutant. 

(Effective July 1, 1977)

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Submerged fill pipe" means any fill pipe or 

discharge nozzle which meets any one of the 

following conditions:

A. the bottom of the discharge pipe or nozzle is 

below the surface of liquid in the receiving 

vessel for at least 95 percent of the volume

filled;

B. the bottom of the discharge pipe or nozzle is 

less than 6 inches from the bottom of the 

receiving vessel; 

C. the bottom of the discharge pipe or nozzle is 

less than two (2) pipe or nozzle diameters 

from the bottom of the receiving vessel; or,

other equivalent methods acceptable to the 

Executive Director. (OAC 252:100-37 and 

252:100-39)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Submerged fill pipe" means any fill pipe or 

discharge nozzle which meets any one of the 

following conditions:

A. the bottom of the discharge pipe or nozzle is 

below the surface of liquid in the receiving 

vessel for at least 95 percent of the volume 

filled;

B. the bottom of the discharge pipe or nozzle is 

less than 6 inches from the bottom of the 

receiving vessel; 

C. the bottom of the discharge pipe or nozzle is 

less than two (2) pipe or nozzle diameters from 

the bottom of the receiving vessel; or,

other equivalent methods acceptable to the 

Executive Director. (OAC 252:100-37 and 

252:100-39)

Deletes redundant text. “Submerged fillpipe” is 

defined at OAC 252:100-37-2. Deletion is 

approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"TSP (total suspended particulates)" means 

particulate matter as measured by the highvolume method described in Appendix B of 40 

CFR Part 50.

Revisions effective June 12, 2003, Submitted July 

16, 2010

"TSP (total suspended particulates)" “Total 

Suspended Particulates” or “TSP” means 

particulate matter as measured by the high-volume 

method described in Appendix B of 40 CFR Part 50.

Revisions are non-substantive and approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999. As effective May 26, 1994

"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.

No change submitted. Language provided for 

context.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Undertread cementing" means the application 

of a solvent based cement to the underside of a 

tire tread. (OAC 252:100-39-44)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Undertread cementing" means the application of 

a solvent based cement to the underside of a tire 

tread. (OAC 252:100-39-44)

Deletes redundant text. “Undertread 

cementing” is defined at OAC 252:100-39-44. 

Deletion is approvable.
67

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Valves not externally regulated" means valves 

that have no external controls, such as in-line 

check valves. (OAC 252:100-39, Part 3)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Valves not externally regulated" means valves 

that have no external controls, such as in-line check 

valves. (OAC 252:100-39, Part 3)

Deletes redundant text. “Valves not externally 

regulated” is defined at OAC 252:100-39-15. 

Deletion is approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Vapor-mounted seal" means a primary seal 

mounted so there is an annular vapor space 

underneath the seal. The annular vapor space is 

bounded by the bottom of the primary seal, the 

tank wall, the liquid surface, and the floating 

roof. (OAC 252:100-39, Part 5)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Vapor-mounted seal" means a primary seal 

mounted so there is an annular vapor space 

underneath the seal. The annular vapor space is 

bounded by the bottom of the primary seal, the tank 

wall, the liquid surface, and the floating roof. (OAC 

252:100-39, Part 5)

Deletes redundant text. “Vapor-mounted seal”

is defined at OAC 252:100-39-30. Deletion is 

approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Veneer" means a thin panel of wood usually not 

exceeding 1/4 inch in thickness, formed by 

slicing or peeling from a log.

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Veneer" means a thin panel of wood usually not 

exceeding 1/4 inch in thickness, formed by slicing 

or peeling from a log.

Deletes redundant text. The term is common. 

Deletion is approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Vinyl" means a chemical coating containing 

plasterized or unplasterized polymers and copolymers of vinyl acetate, vinyl chloride, 

polyvinyl alcohols or their condensation products 

and the primary mode of cure is solvent 

evaporation. (OAC 252:100-37)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Vinyl" means a chemical coating containing 

plasterized or unplasterized polymers and copolymers of vinyl acetate, vinyl chloride, polyvinyl 

alcohols or their condensation products and the 

primary mode of cure is solvent evaporation. (OAC 

252:100-37)

Deletes redundant text. “Vinyl” is defined at 

OAC 252:100-37-2. Deletion is approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999. As effective May 26, 1994

"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.

No change submitted. Language provided for 

context.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on 

November 3, 1999.

As effective May 26, 1994

Revisions effective June 12, 

2003, Submitted July 16, 2010

“Volatile organic compound”

or “VOC” means any 

compound containing carbon 

Revisions effective July 1, 2008, 

Submitted July 16, 2010

“Volatile organic compound”

or “VOC” means any 

compound of carbon, excluding 

Revisions are consistent with 40 CFR 51.100(s) 

and 40 CFR 51.100(s)(5). Revisions are 

approvable.
68

Table 4: Evaluation of Revisions to OAC 252:100-1-3 EPA’s Evaluation

"Volatile organic compound" 

means any compound containing 

carbon and hydrogen or 

containing carbon and hydrogen 

in combination with any other 

element which has a vapor 

pressure of 1.5 pounds per 

square inch absolute or greater 

under actual storage condition. 

(OAC 252:100-37)

and hydrogen or containing 

carbon and hydrogen in 

combination with any other 

element which has a vapor 

pressure of 1.5 pounds per 

square inch absolute or greater 

under actual storage condition. 

(OAC 252:100-37) of carbon, 

excluding carbon monoxide, 

carbon dioxide, carbonic acid, 

metallic carbides or carbonates, 

and ammonium carbonates, 

which participates in 

atmospheric photochemical 

reactions. Any organic 

compound listed in 40 CFR 

51.100(s)(1) will be presumed to 

have negligible photochemical 

reactivity and will not be 

considered to be a VOC.

carbon monoxide, carbon 

dioxide, carbonic acid, metallic 

carbides or carbonates, and

ammonium carbonates, organic 

compound which that

participates in atmospheric 

photochemical reactions

resulting in the formation of 

tropospheric ozone. Carbon 

monoxide, carbon dioxide, 

carbolic acid, metallic carbides, 

ammonium carbonates, tert-butyl 

acetate and compounds Any 

organic compound listed in 40 

CFR 51.100(s)(1) will be are 

presumed to have negligible 

photochemical reactivity and are

will not be considered to be a 

VOC.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Water based sprays" means release 

compounds, sprayed on the inside and outside of 

green tires, in which solids, water and emulsifiers 

have been substituted for organic solvents. These 

sprays may contain an average of up to five 

percent organic solvent. (OAC 252:100-39-44)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Water based sprays" means release compounds, 

sprayed on the inside and outside of green tires, in 

which solids, water and emulsifiers have been 

substituted for organic solvents. These sprays may 

contain an average of up to five percent organic 

solvent. (OAC 252:100-39-44)

Deletes redundant text. “Water based sprays” is 

defined at OAC 252:100-39-44. Deletion is 

approvable.

OAC 252:100-1-3 Definitions.

SIP-Approved by EPA on November 3, 1999.

As effective May 26, 1994

"Waxy, high pour point crude oil" means a 

crude oil with a pour point of 50°F. or higher as 

determined by the American Society for Testing 

and Materials Standard D97-66, "Test for Pour 

Point of Petroleum Oils." (OAC 252:100-39, Part 

5)

Revisions effective June 12, 2003, Submitted July 

16, 2010

"Waxy, high pour point crude oil" means a crude 

oil with a pour point of 50°F. or higher as 

determined by the American Society for Testing and 

Materials Standard D97-66, "Test for Pour Point of 

Petroleum Oils." (OAC 252:100-39, Part 5)

Deletes redundant text. “Waxy, high pour point 

crude oil” is defined at OAC 252:100-39-30. 

Deletion is approvable.
69

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

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

• The Oklahoma SIP does not include the provisions at OAC 252:100-1-4 for “Units, abbreviations, and acronyms”.

• ODEQ has submitted three revisions to the general provisions for Units, abbreviations, and acronyms.

o Revisions effective June 12, 2003; submitted July 16, 2010,

o Revisions effective July 1, 2009; submitted July 16, 2010, and 

o Revisions effective July 1, 2011; submitted February 6, 2012.

The following table presents EPA’s evaluation of the submitted revisions to OAC 252:100-1-4 for “Units, abbreviations, and 

acronyms. The abbreviations and acronyms submitted by the State are approvable because they add recognized standard engineering 

and scientific terms into the Oklahoma SIP. These acronyms and abbreviations are germane to the Oklahoma SIP.

Table 5: Evaluation of Revisions to OAC 252:100-1-4

New section effective June 12, 2003; Submitted July 16, 2010

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

New section effective June 12, 2003; Submitted July 16, 2010

a) Abbreviations and symbols of units of measure.

New abbreviation effective June 12, 2003; submitted July 16, 2010

1) Btu – British thermal unit

New abbreviation effective June 12, 2003; submitted July 16, 2010

2) cm/sec – centimeter per second

New abbreviation effective July 1, 2011; submitted February 6, 2012

3) CO2e – carbon dioxide equivalent

New abbreviation effective June 12, 2003; submitted July 16, 2010

4) dscf – dry cubic feet at standard conditions

New abbreviation effective June 12, 2003; submitted July 16, 2010

5) dscm – dry cubic meter at standard conditions

New abbreviation effective June 12, 2003; submitted July 16, 2010

6) ft/min – feet per minute

New abbreviation effective June 12, 2003; submitted July 16, 2010

7) gal – gallon

New abbreviation effective June 12, 2003; submitted July 16, 2010

8) gal/d – gallons per day

New abbreviation effective June 12, 2003; submitted July 16, 2010

9) gal/yr – gallons per year

New abbreviation effective June 12, 2003; submitted July 16, 2010

10) gr/dscf – grains per dry standard cubic foot
70

Table 5: Evaluation of Revisions to OAC 252:100-1-4

New abbreviation effective June 12, 2003; submitted July 16, 2010

11) hr – hour

New abbreviation effective June 12, 2003; submitted July 16, 2010

12) Hg – mercury

New abbreviation effective June 12, 2003; submitted July 16, 2010

13) hp – horsepower

New abbreviation effective June 12, 2003; submitted July 16, 2010

14) H2O - water

Revisions effective July 1, 2011; Submitted February 6, 2012

14) H2O H2O - water

New abbreviation effective June 12, 2003; submitted July 16, 2010

15) H2S – hydrogen sulfide

Revisions effective July 1, 2011; Submitted February 6, 2012

15) H2S H2S– hydrogen sulfide

New abbreviation effective June 12, 2003; submitted July 16, 2010

16) H2SO4 – sulfuric acid

Revisions effective July 1, 2011; Submitted February 6, 2012

16) H2SO4 H2SO4 – sulfuric acid

New abbreviation effective June 12, 2003; submitted July 16, 2010

17) kg – kilogram

New abbreviation effective June 12, 2003; submitted July 16, 2010

18) kg/metric ton – kilograms per metric ton

New abbreviation effective June 12, 2003; submitted July 16, 2010

19) kPa – kilopascals

New abbreviation effective June 12, 2003; submitted July 16, 2010

20) l - liter

New abbreviation effective June 12, 2003; submitted July 16, 2010

21) l/yr – liters per year

New abbreviation effective June 12, 2003; submitted July 16, 2010

22) LT/D – long tons per day

New abbreviation effective June 12, 2003; submitted July 16, 2010

23) lb/wk – pounds per week

New abbreviation effective June 12, 2003; submitted July 16, 2010

24) lb – pound

New abbreviation effective June 12, 2003; submitted July 16, 2010

25) lbs/hr – pounds per hour

New abbreviation effective June 12, 2003; submitted July 16, 2010

26) m3 – cubic meter

Revisions effective July 1, 2011; Submitted February 6, 2012

26) m3 m3– cubic meter

New abbreviation effective June 12, 2003; submitted July 16, 2010

27) mg/dscm – milligrams per dry standard cubic meter

New abbreviation effective June 12, 2003; submitted July 16, 2010

28) MMBTU/hr – heat input in million british thermal units per hour

Revision effective July 1, 2009; Submitted July 16, 2010

28) MMBTU/hr – heat input in million british thermal units per hour

New abbreviation effective June 12, 2003; submitted July 16, 2010

29) Mg – megagram – 106 gram

Revision effective July 1, 2011; Submitted February 6, 2012

29) Mg – megagram – 106 106gram

New abbreviation effective June 12, 2003; submitted July 16, 2010
71

Table 5: Evaluation of Revisions to OAC 252:100-1-4

30) Mg/yr – megagrams per year

New abbreviation effective June 12, 2003; submitted July 16, 2010

31) mg/l – milligrams per liter

New abbreviation effective June 12, 2003; submitted July 16, 2010

32) m/min – meters per min

New abbreviation effective June 12, 2003; submitted July 16, 2010

33) ng/dscm – nanograms per dry standard cubic meter

New abbreviation effective July 1, 2009; Submitted July 16, 2010

34) ng/J – nanograms per Joule

New abbreviation effective June 12, 2003; submitted July 16, 2010

35) oz/in2 – ounce per square inch

Revision effective July 1, 2011; Submitted February 6, 2012

35) oz/in2 oz/in2 – ounce per square inch

New abbreviation effective June 12, 2003; submitted July 16, 2010

36) ppm – parts per million

New abbreviation effective June 12, 2003; submitted July 16, 2010

37) psia – pounds per square inch absolute

New abbreviation effective June 12, 2003; submitted July 16, 2010

38) psig – pounds per square inch gauge

New abbreviation effective June 12, 2003; submitted July 16, 2010

39) ppmv – parts per million by volume

New abbreviation effective June 12, 2003; submitted July 16, 2010

40) SO2 –sulfur dioxide

Revision effective July 1, 2011; Submitted February 6, 2012

40) SO2 SO2 –sulfur dioxide

New abbreviation effective June 12, 2003; submitted July 16, 2010

41) TPY – tons per year

New abbreviation effective June 12, 2003; submitted July 16, 2010

42) μg/m3 – micrograms per cubic meter

Revision effective July 1, 2011; Submitted February 6, 2012

42) μg/m3 μg/m3 – micrograms per cubic meter

New section effective June 12, 2003; Submitted July 16, 2010

b) Acronyms.

New acronym effective June 12, 2003; Submitted July 16, 2010

1) A.I.S.I. – American Iron and Steel Institute

New acronym effective June 12, 2003; Submitted July 16, 2010

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

New acronym effective June 12, 2003; Submitted July 16, 2010

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

New acronym effective June 12, 2003; Submitted July 16, 2010

4) BACT – Best Available Control Technology

New acronym effective June 12, 2003; Submitted July 16, 2010

5) CEM – Continuous Emission Monitor

New acronym effective June 12, 2003; Submitted July 16, 2010

6) CFR – Code of Federal Regulations
72

Table 5: Evaluation of Revisions to OAC 252:100-1-4

New acronym effective June 12, 2003; Submitted July 16, 2010

7) COM – Continuous Opacity Monitor

New acronym effective June 12, 2003; Submitted July 16, 2010

8) DEQ – Department of Environmental Quality

New acronym effective June 12, 2003; Submitted July 16, 2010

9) EPA – Environmental Protection Agency

New acronym effective July 1, 2011; Submitted February 6, 2012

10) GHG – Greenhouse Gas

New acronym effective June 12, 2003; Submitted July 16, 2010

11) HAP – Hazardous Air Pollutants

New acronym effective June 12, 2003; Submitted July 16, 2010

12) HMIWI – Hospital/Medical/Infectious Waste Incinerator

New acronym effective June 12, 2003; Submitted July 16, 2010

13) MACT – Maximum Achievable Control Technology

New acronym effective June 12, 2003; Submitted July 16, 2010

14) MSW – Municipal Solid Waste

New acronym effective June 12, 2003; Submitted July 16, 2010

15) MWC – Municipal Waste Combustor

New acronym effective June 12, 2003; Submitted July 16, 2010

16) NAAQS – National Ambient Air Quality Standards

New acronym effective June 12, 2003; Submitted July 16, 2010

17) NESHAP – National Emissions Standards for Hazardous Air Pollutants

New acronym effective June 12, 2003; Submitted July 16, 2010

18) NSPS – New Source Performance Standards

New acronym effective June 12, 2003; Submitted July 16, 2010

19) OAC – Oklahoma Administrative Code

New acronym effective June 12, 2003; Submitted July 16, 2010

20) PBR – Permit by Rule

New acronym effective June 12, 2003; Submitted July 16, 2010

21) PM – Particulate Matter

New acronym effective June 12, 2003; Submitted July 16, 2010

22) PSD – Prevention of Significant Deterioration

New acronym effective June 12, 2003; Submitted July 16, 2010

23) SIC – Standard Industrial Classification

New acronym effective June 12, 2003; Submitted July 16, 2010

24) SIP – State Implementation Plan

New acronym effective June 12, 2003; Submitted July 16, 2010

25) TSP – Total Suspended Particulates

New acronym effective June 12, 2003; Submitted July 16, 2010
73

Table 5: Evaluation of Revisions to OAC 252:100-1-4

26) VOC – Volatile Organic Compound

New acronym effective June 12, 2003; Submitted July 16, 2010

27) 27A O.S. – Title 27A Oklahoma Statutes Annotated

Revisions effective July 1, 2011; Submitted February 6, 2012

27) 27A O.S. – Title 27A Oklahoma Statutes Annotated
74

5. Evaluation of OAC 252:100-2-1. Purpose.

Background of Subchapter 2 – Incorporation by Reference, OAC 252:100-2-1. Purpose.

• The Oklahoma SIP does not include OAC 252:100, Subchapter 2. Section OAC 252:100-2-1 was adopted on March 29, 2012, 

effective July 1, 2012.

• ODEQ has submitted one revision to include in the SIP:

o Revisions effective July 1, 2012; submitted January 18, 2013.

The following table includes EPA’s evaluation of the submitted revisions to OAC 252:100-2-1.

Evaluation of OAC 252:100-2-1 EPA’s Evaluation

Provisions effective July 1, 2012; submitted January 18, 2013.

The purpose of this Subchapter is to incorporate by reference applicable 

provisions of Title 40 of the Code of Federal Regulations (40 CFR).

New provisions at OAC 252:100-2-1 submitted on January 18, 2013 are 

approvable. These provisions outline what authorities and requirements the 

state is incorporating from federal requirements into the state regulations.
75

6. Evaluation of OAC 252:100-2-3. Incorporation by Reference.

Background of Subchapter 2 – Incorporation by Reference, OAC 252:100-2-3. Incorporation by Reference.

• The Oklahoma SIP does not include OAC 252:100, Subchapter 2. Section OAC 252:100-2-3 was adopted on March 29, 2012, 

effective July 1, 2012.

• ODEQ has submitted one revision to include in the SIP:

o Revisions effective July 1, 2012; submitted January 18, 2013.

The following table includes EPA’s evaluation of the submitted revisions to OAC 252:100-2-3.

Evaluation of OAC 252:100-2-3. EPA’s Evaluation

Provisions effective July 1, 2012; submitted January 18, 2013.

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.

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.

2. Inconsistencies or duplications of requirements or incorporation dates.

(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 this Chapter, the more stringent requirements shall apply.

(B). In the event that a specific date of incorporation is indicated in Appendix Q or subchapter of 

this Chapter, the specified date of incorporation shall apply.

3. Terminology related to 40 CFR. For purposes of interfacing with 40 CFR and unless the context 

clearly indicates otherwise, the following terms apply.

(A). “Administrator” is synonymous with “Executive Director.”

(B). “EPA” is synonymous with “Department of Environmental Quality.” (DEQ).

New provisions at OAC 252:100-2-1 

submitted on January 18, 2013 are 

approvable. These provisions outline what 

authorities and requirements the state is 

incorporating from federal requirements 

into the state regulations.
76

7. Evaluation of OAC 252:100-3-4. Air Quality Standards and Increments, Significant Deterioration Increments.

Background of OAC 252:100-3-4. Air Quality Standards and Increments, Significant Deterioration Increments.

• The Oklahoma SIP includes OAC 252:100-3-4, as adopted by the ODEQ on June 3, 1996, effective on July 1, 1996. EPA 

approved this provision on December 29, 2008. See 73 FR 79400.

• ODEQ has submitted two revisions to the PSD Increments under the general provisions for Air Quality Standards and 

Increments.

o Revisions effective June 15, 2005; submitted December 27, 20102

, and

o Revisions effective July 1, 2011; submitted February 6, 2012.

The following table includes EPA’s evaluation of the submitted revisions to OAC 252:100-3-4.

Table 6: Evaluation of OAC 252:100-3-4

OAC 252:100-3-4. Significant Deterioration Increments. EPA’s Evaluation

OAC 252:100-3-4, effective July 1, 1996

SIP-approved December 29, 2008

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

increase in ambient air pollution above a baseline plus a specific increment allowed for one of the three classes 

of areas. See OAC 252:100-7, Part 5.

No change to the SIP-approved 

provision. Language provided for 

context.

b) The allowable increments are as follows: No change to the SIP-approved 

provision. Language provided for 

context.

Pollutant Maximum 

Allowable Increase 

(micrograms per 

cubic meter)

Class I Areas -

Particulate Matter: -

PM10, annual arithmetic mean 4

PM10, twenty-four hour maximum 8

Sulfur dioxide: -

Annual arithmetic mean 2

Twenty-four hour maximum 5

Three-hour maximum 25

Nitrogen dioxide: -

(Effective May 11, 1991) Annual 

arithmetic mean

2.5

Class II Areas -

Revisions to OAC 252:100-3-4 effective July 1, 2011

Submitted February 6, 2012

1) Class I Areas

A. Particulate matter PM2.5 (effective October 20, 

2011):

i. Annual arithmetic mean: maximum 

allowable increase is 1 microgram per cubic 

meter.

ii. Twenty-four hour maximum: maximum 

allowable increase is 2 micrograms per cubic 

meter.

B. PM10

The revisions to OAC 252:100-3-4 

effective on July 1, 2011, submitted 

February 6, 2012, substantively revise 

the PSD increments to include the PM2.5

increments established by EPA in the 

October 20, 2010 final rule “Prevention 

of Significant Deterioration (PSD) for 

Particulate Matter Less than 2.5 

Micrometers (PM2.5) – Increments, 

Significant Impact Levels (SILs), and 

Significant Monitoring Concentration 

(SMC); Final Rule).

 2 EPA notes that the December 27, 2010 submittal of revisions effective June 15, 2005, could not be located for our review. However, the February 6, 2012 

submittal supersedes and replaces the provisions effective on June 15, 2005. As such, our review will update the SIP-approved provisions at OAC 252:100-3-4 to 

be consistent with current ODEQ regulations through the rules effective July 1, 2011, submitted on February 6, 2012.
77

Table 6: Evaluation of OAC 252:100-3-4

OAC 252:100-3-4. Significant Deterioration Increments. EPA’s Evaluation

Particulate matter: -

PM10, annual arithmetic mean 17

PM10, twenty-four hour maximum 30

Sulfur dioxide: -

Annual arithmetic mean 20

Twenty-four hour maximum 91

Three-hour maximum 512

Nitrogen dioxide: -

(Effective May 11, 1991) Annual 

arithmetic mean

25

Class III Areas -

Particulate Matter: -

PM10, annual arithmetic mean 34

PM10, twenty-four hour maximum 60

Sulfur dioxide: -

Annual arithmetic mean 40

Twenty-four hour maximum 182

Three-hour maximum 700

Nitrogen dioxide: -

(Effective May 11, 1991) Annual 

arithmetic mean

50

i. PM10, annual arithmetic mean: maximum 

allowable increase is 4 micrograms per cubic 

meter.

ii. PM10, twenty-four hour maximum: 

maximum allowable increase is 8 

micrograms per cubic meter.

C. Sulfur dioxide:

i. Annual arithmetic mean: maximum 

allowable increase is 2 micrograms per 

cubic meter.

ii. Twenty-four hour maximum: maximum 

allowable increase is 5 micrograms per 

cubic meter.

iii. Three-hour maximum: maximum allowable 

increase is 25 micrograms per cubic meter.

D. Nitrogen dioxide (effective May 11, 1991), 

annual arithmetic mean: maximum allowable 

increase is 2.5 micrograms per cubic meter.

2) Class II Areas:

A. Particulate matter PM2.5 (effective October 20, 

2011):

i. Annual arithmetic mean: maximum 

allowable increase is 4 microgram per cubic 

meter.

ii. Twenty-four hour maximum: maximum 

allowable increase is 9 micrograms per cubic 

meter.

B. PM10

i. PM10, annual arithmetic mean: maximum 

allowable increase is 17 micrograms per 

cubic meter.

ii. PM10, twenty-four hour maximum: 

maximum allowable increase is 30 

micrograms per cubic meter.

C. Sulfur dioxide:

i. Annual arithmetic mean: maximum 

allowable increase is 20 micrograms per 

cubic meter.

The revisions to OAC 252:100-3-4 

effective July 1, 2011 are approvable.
78

Table 6: Evaluation of OAC 252:100-3-4

OAC 252:100-3-4. Significant Deterioration Increments. EPA’s Evaluation

ii. Twenty-four hour maximum: maximum 

allowable increase is 91 micrograms per 

cubic meter.

iii. Three-hour maximum: maximum allowable 

increase is 512 micrograms per cubic meter.

D. Nitrogen dioxide (effective May 11, 1991), 

annual arithmetic mean: maximum allowable 

increase is 25 micrograms per cubic meter.

3) Class III Areas:

A. Particulate matter PM2.5 (effective October 20, 

2011):

i. Annual arithmetic mean: maximum 

allowable increase is 8 microgram per cubic 

meter.

ii. Twenty-four hour maximum: maximum 

allowable increase is 18 micrograms per 

cubic meter.

B. PM10

i. PM10, annual arithmetic mean: maximum 

allowable increase is 34 micrograms per 

cubic meter.

ii. PM10, twenty-four hour maximum: 

maximum allowable increase is 60 

micrograms per cubic meter.

C. Sulfur dioxide:

i. Annual arithmetic mean: maximum 

allowable increase is 40 micrograms per 

cubic meter.

ii. Twenty-four hour maximum: maximum 

allowable increase is 182 micrograms per 

cubic meter.

iii. Three-hour maximum: maximum allowable 

increase is 700 micrograms per cubic meter.

D. Nitrogen dioxide (effective May 11, 1991), 

annual arithmetic mean: maximum allowable 

increase is 50 micrograms per cubic meter.
79

8. Evaluation of OAC 252:100, Appendix P – Regulated Air Pollutants (RAP)

Background of OAC 252:100, Appendix P – Regulated Air Pollutants.

• The Oklahoma SIP does not include Appendix P. The ODEQ has submitted one revision 

to the Oklahoma SIP to include the newly adopted regulations.

• ODEQ has submitted one revisions to the Appendix P for Regulated Air Pollutants.

o Revisions effective June 15, 2007; submitted July 16, 2010.

The following table includes EPA’s evaluation of the new provisions at OAC 252:100, Appendix 

P. The pollutants listed under Appendix P are regulated under federal regulations in the CAA and 

EPA’s regulations. The listing of these pollutants in Appendix P is germane to the Oklahoma 

SIP. Specific requirements for each pollutant are contained in the applicable portions of the 

Oklahoma regulations. 

Table 7: Evaluation of OAC 252:100, Appendix P

OAC 252:100, Appendix P

Effective June 15, 2007

Submitted July 16, 2010

REGULATED AIR POLLUTANT DESCRIPTION

Acid gas expressed as SO2 and HCl As defined in OAC 252:100-17.

Acid mist expressed as H2SO4 As defined in 40 CFR 60.81 and OAC 252:100-31.

Arsenic, inorganic NESHAP

Asbestos NESHAP

Benzene NESHAP

Beryllium NESHAP

Cadmium NSPS

Carbon Monoxide or CO Criteria pollutant

Dioxins/furans NSPS: Tetra- through octa- chlorinated dibenzo-odioxins and dibenzofurans

Fluorides NSPS: Elemental fluorine and all fluoride compounds.

Hazardous Air Pollutants or HAP(s) Listed in 42 U.S.C. 7412(b)(1) and as modified in 40 

CFR Part 63, Subpart C, List of Hazardous Air 

Pollutants, Petitions Process, Lesser Quantity 

Designations, Source Category List..

Hydrogen chloride or HCl NSPS

Hydrogen sulfide or H2S NSPS

Lead Criteria pollutant
80

Table 7: Evaluation of OAC 252:100, Appendix P

OAC 252:100, Appendix P

Effective June 15, 2007

Submitted July 16, 2010

Mercury NSPS and NESHAP

Nitrogen dioxide or NO2 Criteria pollutant

NonMethane Organic Compounds or NMOC 

expressed as hexane

As defined in 40 CFR 60.754.

Oxides of nitrogen or NOX NSPS: Ozone precursors

Oxides of sulfur or SOX NSPS: PM2.5 precursors

Ozone Criteria pollutant

Particulate Matter or PM As defined in OAC 252:100. (criteria pollutant)

Reduced sulfur compounds As defined in 40 CFR 60.101.

Reduced Sulfur, Total or TRS As defined in OAC 252:100-31.

Sulfur dioxide or SO2 Criteria pollutant

Toxic Air Contaminates or TAC(s) As listed in OAC 252:100, Appendix O.

Vinyl chloride NESHAP

Volatile Organic Compounds or VOC(s) As defined in OAC 252:100. (ozone precursors)

NOTES:

1. The Department does not have authority over Class I and II stratospheric ozone depleting 

substances or CFCs as listed under 40 CFR, Part 82. The substances are RAP, however, 

under the Federal Clean Air Act.

2. The Department does not have authority over Section 112(r) substances as listed in 40 

CFR 68.130, Tables 1-4. These substances are, however, RAP under the Federal Clean 

Air Act.

3. The Department does not have the authority over radionuclides as listed in 40 CFR, Part 

61. These substances are RAP, however, under the Federal Clean Air Act.
81

9. Evaluation of OAC 252:100, Appendix Q – Incorporation by Reference

Background of OAC 252:100, Appendix Q – Incorporation by Reference.

• The Oklahoma SIP does not include Appendix Q. The ODEQ has submitted two

revisions to the Oklahoma SIP to include the provisions IBRed into the state SIP.

• ODEQ has submitted two revisions to the Appendix Q for Incorporation by Reference.

o Revisions effective July 1, 2009; submitted July 16, 2010; and

o Revisions effective July 1, 2012; submitted January 18, 2013.

The EPA returned portions of the July 16, 2010, Appendix Q submittal on March 4, 2016. This 

letter is in the docket.

The revisions to Appendix Q effective on July 1, 2012, revoked the initial adoption of Appendix 

Q from July 1, 2009. As such, our analysis only covers the revisions submitted January 18, 2013.

Portions of the January 18, 2013 submittal have also been returned to the state, as indicated 

below. 

The following table includes EPA’s evaluation of the new provisions at OAC 252:100, Appendix 

Q. 

Table 8: Evaluation of OAC 252:100, Appendix Q – Incorporation by Reference

Except as provided under OAC 252:100-2-3(b)(2), the following provisions of Title 40 of the Code of Federal 

Regulations are hereby incorporated by reference as they existed on August 1, 2011.

PART SUBPART DESCRIPTION EPA’s Evaluation

50 n/a Appendix B to Part 50 - Reference Method for 

the Determination of Suspended Particulate 

Matter in the Atmosphere (High-Volume 

Method)

This IBR is appropriate to include 

in the Oklahoma SIP. This 

reference method is used for 

determining compliance with the 

NAAQS in 40 CFR Part 50.

50 n/a Appendix J to Part 50 – Reference Method for 

the Determination of Particulate Matter as 

PM10 in the Atmosphere

This IBR is appropriate to include 

in the Oklahoma SIP. This 

reference method is used for 

determining compliance with the 

NAAQS in 40 CFR Part 50.

51 F Paragraph 51.100(s)(1) only of Subpart F, 

Procedural Requirements.

This IBR is appropriate to include 

in the Oklahoma SIP. The ODEQ is 

only incorporating the federal 

definition of “VOC”. 

51 n/a Appendix P to Part 51 – Minimum Emission 

Monitoring Requirements.

This IBR is appropriate to include 

in the Oklahoma SIP and the 

Oklahoma NNSR program.

58 n/a Appendix A to Part 58 – Quality Assurance 

Requirements for SLAMs, SPMs and PSD Air 

Monitoring.

Not appropriate for SIP inclusion. 

Part 58, Appendix A requirements 

are addressed in the Ambient Air 

Monitoring Quality Assurance 

Project Plan. This IBR for SIP 

inclusion returned to the State by 

letter dated May 16, 2016.

60 A General Provisions. [Except 60.4, 60.9, 60.10 

and 60.16]

Not appropriate for SIP inclusion. 

Approved and implemented 
82

Table 8: Evaluation of OAC 252:100, Appendix Q – Incorporation by Reference

Except as provided under OAC 252:100-2-3(b)(2), the following provisions of Title 40 of the Code of Federal 

Regulations are hereby incorporated by reference as they existed on August 1, 2011.

PART SUBPART DESCRIPTION EPA’s Evaluation

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 D Standards of Performance for Fossil-Fuel-Fired 

Steam Generators for Which Construction is 

Commenced After August 17, 1971.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 Da Standards of Performance for Electric Utility 

Steam Generating Units for Which Construction 

is Commenced After September 18, 1978.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 Db Standards of Performance for IndustrialCommercial-Institutional Steam Generating 

Units.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 Dc Standards of Performance for Small IndustrialCommercial-Institutional Steam Generating 

Units.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 E Standards of Performance for Incinerators. Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

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.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 Eb Standards of Performance for Large Municipal 

Waste Combustors for Which Construction is 

Commenced After Before September 20, 1994 

or for which Modification or Reconstruction is 

Commenced after June 19, 1996.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 Ec Standards of Performance for 

Hospital/Medical/Infectious Waste Incinerators

for Which Construction is Commenced after 

June 20, 1996.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 
83

Table 8: Evaluation of OAC 252:100, Appendix Q – Incorporation by Reference

Except as provided under OAC 252:100-2-3(b)(2), the following provisions of Title 40 of the Code of Federal 

Regulations are hereby incorporated by reference as they existed on August 1, 2011.

PART SUBPART DESCRIPTION EPA’s Evaluation

to the State by letter dated May 16, 

2016.

60 F Standards of Performance for Portland Cement 

Plants.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 G Standards of Performance for Nitric Acid Plants Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 H Standards of Performance for Sulfuric Acid 

Plants.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 I Standards of Performance for Hot Mix Asphalt 

Facilities.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 J Standards of Performance for Petroleum 

Refineries.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 Ja Standards of Performance for Petroleum 

Refineries for Which Construction, 

Reconstruction, or Modification Commenced 

After May 14, 2007.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

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.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

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.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.
84

Table 8: Evaluation of OAC 252:100, Appendix Q – Incorporation by Reference

Except as provided under OAC 252:100-2-3(b)(2), the following provisions of Title 40 of the Code of Federal 

Regulations are hereby incorporated by reference as they existed on August 1, 2011.

PART SUBPART DESCRIPTION EPA’s Evaluation

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.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 L Standards of Performance for Secondary Lead 

Smelters.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 M Standards of Performance for Secondary Brass 

and Bronze Production Plants.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 N Standards of Performance for Primary 

Emissions from Basic Oxygen Process Furnaces 

for Which Construction is Commenced after 

June 11, 1973.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 Na Standards of Performance for Secondary 

Emissions from Basic Oxygen Process 

Steelmaking Facilities for Which Construction 

is Commenced After January 20, 1983.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16,

2016.

60 O Standards of Performance for Sewage 

Treatment Plants.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 P Standards of Performance for Primary Copper 

Smelters.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 Q Standards of Performance for Primary Zinc 

Smelters.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 R Standards of Performance for Primary Lead 

Smelters.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 
85

Table 8: Evaluation of OAC 252:100, Appendix Q – Incorporation by Reference

Except as provided under OAC 252:100-2-3(b)(2), the following provisions of Title 40 of the Code of Federal 

Regulations are hereby incorporated by reference as they existed on August 1, 2011.

PART SUBPART DESCRIPTION EPA’s Evaluation

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 S Standards of Performance for Primary 

Aluminum Reduction Plants.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 T Standards of Performance for Phosphate 

Fertilizer Industry: Wet-Process Phosphoric 

Acid Plants.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 U Standards of Performance for the Phosphate 

Fertilizer Industry: Superphosphoric Acid 

Plants.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 V Standards of Performance for the Phosphate 

Fertilizer Industry: Diammonium Phosphate 

Plants.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 W Standards of Performance for the Phosphate 

Fertilizer Industry: Triple Superphosphate 

Plants.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 X Standards of Performance for the Phosphate 

Fertilizer Industry: Granular Triple 

Superphosphate Storage Facilities.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 Y Standards of Performance for Coal Preparation 

Plants.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 Z Standards of Performance for Ferroalloy 

Production Facilities.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.
86

Table 8: Evaluation of OAC 252:100, Appendix Q – Incorporation by Reference

Except as provided under OAC 252:100-2-3(b)(2), the following provisions of Title 40 of the Code of Federal 

Regulations are hereby incorporated by reference as they existed on August 1, 2011.

PART SUBPART DESCRIPTION EPA’s Evaluation

60 AA Standards of Performance for Steel Plants: 

Electric Arc Furnaces Constructed after October 

21, 1974, and One or Before August 17, 1983

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 AAa Standards of Performance for Steel Plants: 

Electric Arc Furnaces and Argon-Oxygen 

Decarburization Vessels Constructed After 

August 17, 1983

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 BB Standards of Performance for Kraft Pulp Mills Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 CC Standards of Performance for Glass 

Manufacturing Plants

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 DD Standards of Performance for Grain Elevators Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 EE Standards of Performance for Surface Coating 

of Metal Furniture

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 GG Standards of Performance for Stationary Gas 

Turbines

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 HH Standards of Performance for Lime 

Manufacturing Plants

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 KK Standards of Performance for Lead-Acid 

Battery Manufacturing Plants

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 
87

Table 8: Evaluation of OAC 252:100, Appendix Q – Incorporation by Reference

Except as provided under OAC 252:100-2-3(b)(2), the following provisions of Title 40 of the Code of Federal 

Regulations are hereby incorporated by reference as they existed on August 1, 2011.

PART SUBPART DESCRIPTION EPA’s Evaluation

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 LL Standards of Performance for Metallic Mineral 

Processing Plants

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 MM Standards of Performance for Automobile and 

Light Duty truck Surface Coating Operations

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 NN Standards of Performance for Phosphate Rock 

Plants

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 PP Standards of Performance for Ammonium 

Sulfate Manufacture

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 QQ Standards of Performance for the Graphic Arts 

Industry: Publication Rotogravure Printing

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 RR Standards of Performance for Pressure Sensitive 

Tape and Label Surface Coating Operations

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 SS Standards of Performance for Industrial Surface 

Coating: Large Appliances

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 TT Standards of Performance for Metal Coil 

Surface Coating

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.
88

Table 8: Evaluation of OAC 252:100, Appendix Q – Incorporation by Reference

Except as provided under OAC 252:100-2-3(b)(2), the following provisions of Title 40 of the Code of Federal 

Regulations are hereby incorporated by reference as they existed on August 1, 2011.

PART SUBPART DESCRIPTION EPA’s Evaluation

60 UU Standards of Performance for Asphalt 

Processing and Asphalt Roofing Manufacture

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

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.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

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.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 WW Standards of Performance for the Beverage Can 

Surface Coating Industry

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 XX Standards of Performance for Bulk Gasoline 

Terminals

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 BBB Standards of Performance for the Rubber Tire 

Manufacturing Industry

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 DDD Standards of Performance for Volatile Organic 

Compound (VOC) Emissions from the Polymer 

Manufacturing Industry

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 FFF Standards of Performance for Flexible Vinyl 

and Urethane Coating and Printing

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 GGG Standards of Performance for Equipment Leaks 

of VOC in Petroleum Refineries for which 

Construction, Reconstruction, or Modification 

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 
89

Table 8: Evaluation of OAC 252:100, Appendix Q – Incorporation by Reference

Except as provided under OAC 252:100-2-3(b)(2), the following provisions of Title 40 of the Code of Federal 

Regulations are hereby incorporated by reference as they existed on August 1, 2011.

PART SUBPART DESCRIPTION EPA’s Evaluation

Commenced After January 4, 1983, and on or 

before November 7, 2006.

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 GGGa Standards of Performance for Equipment Leaks 

of VOC in Petroleum Refineries for which 

Construction, Reconstruction, or Modification 

Commenced After November 7, 2006.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 HHH Standards of Performance for Synthetic Fiber 

Production Facilities

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 III Standards of Performance for Volatile Organic 

Compound (VOC) Emissions from the 

Synthetic Organic Chemical Manufacturing 

Industry (SOCMI) Air Oxidation Unit Processes

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 JJJ Standards of Performance for Petroleum Dry 

Cleaners

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 KKK Standards of Performance for Equipment Leaks 

of VOC from Onshore Natural Gas Processing 

Plants

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation.

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 LLL Standards of Performance for Onshore Natural 

Gas Processing: SO2 Emissions

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 NNN Standards of Performance for Volatile Organic 

Compound (VOC) Emissions from Synthetic 

Organic Chemical Manufacturing Industry 

(SOCMI) Distillation Operations

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 OOO Standards of Performance for Nonmetallic 

Mineral Processing Plants

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.
90

Table 8: Evaluation of OAC 252:100, Appendix Q – Incorporation by Reference

Except as provided under OAC 252:100-2-3(b)(2), the following provisions of Title 40 of the Code of Federal 

Regulations are hereby incorporated by reference as they existed on August 1, 2011.

PART SUBPART DESCRIPTION EPA’s Evaluation

60 PPP Standard of Performance for Wool Fiberglass 

Insulation Manufacturing Plants

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 QQQ Standard of Performance for VOC Emissions 

from Petroleum Refinery Wastewater Systems

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 RRR Standards of Performance for Volatile Organic 

Compound Emissions from Synthetic Organic 

Chemical Manufacturing Industry (SOCMI) 

Reactor Processes

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 SSS Standards of Performance for Magnetic Tape 

Coating Facilities

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 TTT Standards of Performance for Industrial Surface 

Coating: Surface Coating of Plastic Parts for 

Business Machines

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 UUU Standards of Performance for Calciners and 

Dryers in Mineral Industries

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 VVV Standards of Performance for Polymeric 

Coating of Supporting Substrates Facilities

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 WWW Standards of Performance for Municipal Solid 

Waste Landfills

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 AAAA Standards of Performance for Small Municipal 

Waste Combustion Units for Which 

Construction is Commenced After August 30, 

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 
91

Table 8: Evaluation of OAC 252:100, Appendix Q – Incorporation by Reference

Except as provided under OAC 252:100-2-3(b)(2), the following provisions of Title 40 of the Code of Federal 

Regulations are hereby incorporated by reference as they existed on August 1, 2011.

PART SUBPART DESCRIPTION EPA’s Evaluation

1999 or for which Modification of 

Reconstruction is Commenced After June 6, 

2001

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

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.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 FFFF Emission Guidelines and Compliance Times for 

Other Solid Waste Incineration Units that 

Commenced After December 9, 2004

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 IIII Standards of Performance for Stationary 

Compression Ignition Internal Combustion 

Engines

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 JJJJ Standards of Performance for Stationary Spark 

Ignition Internal Combustion Engines

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 KKKK Standards of Performance for Stationary 

Combustion Turbines

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 LLLL Standards of Performance for New Sewage 

Sludge Incineration Units

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 n/a Appendix A to Part 60 – Test Methods Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

60 n/a Appendix B to Part 60 – Performance 

Specifications.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 60 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.
92

Table 8: Evaluation of OAC 252:100, Appendix Q – Incorporation by Reference

Except as provided under OAC 252:100-2-3(b)(2), the following provisions of Title 40 of the Code of Federal 

Regulations are hereby incorporated by reference as they existed on August 1, 2011.

PART SUBPART DESCRIPTION EPA’s Evaluation

61 A General Provisions. Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 61 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

61 C National Emission Standard for Beryllium. Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 61 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

61 D National Emission Standard for Beryllium 

Rocket Motor Firing.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 61 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

61 E National Emission Standard for Mercury. Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 61 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

61 F National Emission Standard for Vinyl Chloride. Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 61 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

61 J National Emission Standard for Equipment 

Leaks (Fugitive Emission Sources) of Benzene.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 61 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

61 L National Emission Standard for Benzene 

Emissions from Coke By-Product Recovery 

Plants.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 61 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

61 M National Emission Standard for Asbestos. Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 61 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

61 N National Emission Standard for Inorganic 

Arsenic Emissions from Glass Manufacturing 

Plants.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 61 Delegation. 
93

Table 8: Evaluation of OAC 252:100, Appendix Q – Incorporation by Reference

Except as provided under OAC 252:100-2-3(b)(2), the following provisions of Title 40 of the Code of Federal 

Regulations are hereby incorporated by reference as they existed on August 1, 2011.

PART SUBPART DESCRIPTION EPA’s Evaluation

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

61 O National Emission Standard for Inorganic 

Arsenic Emissions from Primary Copper 

Smelters.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 61 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

61 P National Emission Standard for Inorganic 

Arsenic Emissions from Arsenic Trioxide and 

Metallic Arsenic Production Facilities.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 61 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

61 V National Emission Standard for Equipment 

Leaks (Fugitive Emissions Sources).

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 61 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

61 Y National Emission Standard for Benzene 

Emissions from Benzene Storage Vessels.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 61 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

61 BB National Emission Standard for Benzene 

Emissions From Benzene Transfer Operations.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 61 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

61 FF National Emission Standard for Benzene Waste 

Operations

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 61 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 A General Provisions. Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

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).

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.
94

Table 8: Evaluation of OAC 252:100, Appendix Q – Incorporation by Reference

Except as provided under OAC 252:100-2-3(b)(2), the following provisions of Title 40 of the Code of Federal 

Regulations are hereby incorporated by reference as they existed on August 1, 2011.

PART SUBPART DESCRIPTION EPA’s Evaluation

63 F National Emission Standards for Organic 

Hazardous Air Pollutants From the Synthetic 

Organic Chemical Manufacturing Industry.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

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.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 H National Emission Standards for Organic 

Hazardous Air Pollutants For Equipment Leaks.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 I National Emission Standards for Organic 

Hazardous Air Pollutants For Certain Processes 

Subject to the Negotiated Regulation for 

Equipment Leaks.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 J National Emission Standards for Hazardous Air 

Pollutants For Polyvinyl Chloride and 

Copolymers Production.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 L National Emission Standards for Coke Oven 

Batteries.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 M National Perchloroethylene Air Emission 

Standards for Dry Cleaning Facilities.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 N National Emission Standards for Chromium 

Emissions from Hard and Decorative 

Chromium Electroplating and Chromium 

Anodizing Tanks.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 O Ethylene Oxide Emissions Standards for 

Sterilization Facilities.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 
95

Table 8: Evaluation of OAC 252:100, Appendix Q – Incorporation by Reference

Except as provided under OAC 252:100-2-3(b)(2), the following provisions of Title 40 of the Code of Federal 

Regulations are hereby incorporated by reference as they existed on August 1, 2011.

PART SUBPART DESCRIPTION EPA’s Evaluation

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 Q National Emission Standards for Hazardous Air 

Pollutants for Industrial Process Cooling 

Towers.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 R National Emission Standards for Gasoline 

Distribution Facilities (Bulk Gasoline Terminals 

and Pipeline Breakout Stations).

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 S National Emission Standards for Hazardous Air 

Pollutants from the Pulp and Paper Industry.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 T National Emission Standards for Halogenated 

Solvent Cleaning.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 U National Emission Standards for Hazardous Air 

Pollutant Emissions: Group I Polymers and 

Resins.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 W National Emission Standards for Hazardous Air 

Pollutants for Epoxy Resins Production and 

Non-Nylon Polyamides Production.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 X National Emission Standards for Hazardous Air 

Pollutants from Secondary Lead Smelting.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 Y National Emission Standards for Marine Tank 

Vessel Loading Operations.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.
96

Table 8: Evaluation of OAC 252:100, Appendix Q – Incorporation by Reference

Except as provided under OAC 252:100-2-3(b)(2), the following provisions of Title 40 of the Code of Federal 

Regulations are hereby incorporated by reference as they existed on August 1, 2011.

PART SUBPART DESCRIPTION EPA’s Evaluation

63 AA National Emission Standards for Hazardous Air 

Pollutants From Phosphoric Acid 

Manufacturing Plants.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 BB National Emission Standards for Hazardous Air 

Pollutants From Phosphate Fertilizers 

Production Plants.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 CC National Emission Standards for Hazardous Air 

Pollutants From Petroleum Refineries.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 DD National Emission Standards for Hazardous Air 

Pollutants From Off-Site Waste and Recovery 

Operations.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 EE National Emission Standards for Hazardous Air 

Pollutants From Magnetic Tape Manufacturing 

Operations.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 GG National Emissions Standards for Aerospace 

Manufacturing and Rework Facilities.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 HH National Emission Standards for Hazardous Air 

Pollutants From Oil and Natural Gas Production 

Facilities.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 II National Emission Standards Shipbuilding and 

Ship Repair (Surface Coating).

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 JJ National Emission Standards for Wood 

Furniture Manufacturing Operations.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 
97

Table 8: Evaluation of OAC 252:100, Appendix Q – Incorporation by Reference

Except as provided under OAC 252:100-2-3(b)(2), the following provisions of Title 40 of the Code of Federal 

Regulations are hereby incorporated by reference as they existed on August 1, 2011.

PART SUBPART DESCRIPTION EPA’s Evaluation

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 KK National Emission Standards for the Printing 

and Publishing Industry.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 LL National Emission Standards for Hazardous Air 

Pollutants For Primary Aluminum reduction 

Plants.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 MM National Emission Standards for Hazardous Air 

Pollutants For Chemical Recovery Combustion 

Sources at Kraft, Soda, Sulfite, and Stand-Alone 

Semichemical Pulp Mills.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 OO National Emission Standards for Tanks – Level 

1.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 PP National Emission Standards for Containers. Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 QQ National Emission Standards for Surface 

Impoundments.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 RR National Emission Standards for Individual 

Drain Systems.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 SS National Emission Standards for Closed Vent 

Systems, Control Devices, Recovery Devices 

and Routing to a Fuel Gas System or a

Process.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.
98

Table 8: Evaluation of OAC 252:100, Appendix Q – Incorporation by Reference

Except as provided under OAC 252:100-2-3(b)(2), the following provisions of Title 40 of the Code of Federal 

Regulations are hereby incorporated by reference as they existed on August 1, 2011.

PART SUBPART DESCRIPTION EPA’s Evaluation

63 TT National Emission Standards for Equipment 

Leaks – Control Level 1

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 UU National Emission Standards for Equipment 

Leaks - Control Level 2 Standards.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 VV National Emission Standards for Oil-Water 

Separators and Organic-Water Separators.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 WW National Emission Standards for Storage 

Vessels (Tanks) – Control Level 2.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 XX National Emission Standards for Ethylene 

Manufacturing Process Units: Heat Exchange 

Systems and Waste Operations.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 YY National Emission Standards for Hazardous Air 

Pollutants for Source Categories: Generic 

Maximum Achievable Control Technology

Standards.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 CCC National Emission Standards for Hazardous Air 

Pollutants For Steel Pickling – HCl Process 

Facilities and HCL Regeneration Plants.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 DDD National Emission Standards for Hazardous Air 

Pollutants For Mineral Wool Production.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 EEE National Emission Standards for Hazardous Air 

Pollutants From Hazardous Waste Combustors.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 
99

Table 8: Evaluation of OAC 252:100, Appendix Q – Incorporation by Reference

Except as provided under OAC 252:100-2-3(b)(2), the following provisions of Title 40 of the Code of Federal 

Regulations are hereby incorporated by reference as they existed on August 1, 2011.

PART SUBPART DESCRIPTION EPA’s Evaluation

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 GGG National Emission Standards for Pharmaceutical 

Production.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 HHH National Emission Standards for Hazardous Air 

Pollutants From Natural Gas Transmission and 

Storage Facilities.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 III National Emission Standards for Hazardous Air 

Pollutants For Flexible Polyurethane Foam 

Production.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 JJJ National Emission Standards for Hazardous Air 

Emissions: Group IV Polymers and resins.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 LLL National Emission Standards for Hazardous Air 

Pollutants From the Portland Cement 

Manufacturing Industry.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 MMM National Emission Standards for Hazardous Air 

Pollutants For Pesticide Active Ingredient 

Production.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 NNN National Emission Standards for Hazardous Air 

Pollutants For Wool Fiberglass Manufacturing.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 OOO National Emission Standards for Hazardous Air 

Pollutant Emissions: Manufacture of 

Amino/Phenolic Resins.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.
100

Table 8: Evaluation of OAC 252:100, Appendix Q – Incorporation by Reference

Except as provided under OAC 252:100-2-3(b)(2), the following provisions of Title 40 of the Code of Federal 

Regulations are hereby incorporated by reference as they existed on August 1, 2011.

PART SUBPART DESCRIPTION EPA’s Evaluation

63 PPP National Emission Standards for Hazardous Air 

Pollutant Emissions for Polyether Polyols 

Production.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 QQQ National Emission Standards for Hazardous Air 

Pollutants for Primary Copper Smelting,

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 RRR National Emission Standards for Hazardous Air 

Pollutants for Secondary Aluminum Production.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 TTT National Emission Standards for Hazardous Air 

Pollutants for Primary Lead Smelting.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 UUU National Emission Standards for Hazardous Air 

Pollutants for Petroleum Refineries: Catalytic 

Cracking Units, Catalytic Reforming Units, and 

Sulfur Recovery Units.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 VVV National Emission Standards for Hazardous Air 

Pollutants: Publicly Owned Treatment Works.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 XXX National Emission Standards for Hazardous Air 

Pollutants for Ferroalloys Production: 

Ferromanganese and Silicomanganese.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 AAAA National Emission Standards for Hazardous Air 

Pollutants: Municipal Solid Waste Landfills.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 CCCC National Emission Standards for Hazardous Air 

Pollutants: Manufacturing Nutritional Yeast.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 
101

Table 8: Evaluation of OAC 252:100, Appendix Q – Incorporation by Reference

Except as provided under OAC 252:100-2-3(b)(2), the following provisions of Title 40 of the Code of Federal 

Regulations are hereby incorporated by reference as they existed on August 1, 2011.

PART SUBPART DESCRIPTION EPA’s Evaluation

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 EEEE National Emission Standards for Hazardous Air 

Pollutants: Organic Liquids Distribution (NonGasoline).

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 FFFF National Emission Standards for Hazardous Air 

Pollutants: Miscellaneous Organic Chemical 

Manufacturing.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 GGGG National Emission Standards for Hazardous Air 

Pollutants: Solvent Extraction for Vegetable Oil 

Production.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 HHHH National Emission Standards for Hazardous Air 

Pollutants For Wet-Formed Fiberglass Mat 

Production.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 IIII National Emission Standards for Hazardous Air 

Pollutants: Surface Coating of Automobiles and 

Light-Duty Trucks

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 JJJJ National Emission Standards for Hazardous Air 

Pollutants: Paper and other Web Coating.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 KKKK National Emission Standards for Hazardous Air 

Pollutants: Surface Coating of Metal Cans

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 MMMM National Emission Standards for Hazardous Air 

Pollutants For Surface Coating of 

Miscellaneous Metal Parts and Products.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.
102

Table 8: Evaluation of OAC 252:100, Appendix Q – Incorporation by Reference

Except as provided under OAC 252:100-2-3(b)(2), the following provisions of Title 40 of the Code of Federal 

Regulations are hereby incorporated by reference as they existed on August 1, 2011.

PART SUBPART DESCRIPTION EPA’s Evaluation

63 NNNN National Emission Standards for Hazardous Air 

Pollutants: Surface Coating of Large 

Appliances.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 OOOO National Emission Standards for Hazardous Air 

Pollutants: Printing, Coating, and Dyeing of 

Fabrics and Other Textiles.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 PPPP National Emission Standards for Hazardous Air 

Pollutants of Plastic Parts and Products.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 QQQQ National Emission Standards for Hazardous Air 

Pollutants: Surface Coating of Wood Building 

Products.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 RRRR National Emission Standards for Hazardous Air 

Pollutants: Surface Coating of Metal Furniture.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 SSSS National Emission Standards for Hazardous Air 

Pollutants: Surface Coating of Metal Coil.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 TTTT National Emission Standards for Hazardous Air 

Pollutants for Leather Finishing Operations.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 UUUU National Emission Standards for Hazardous Air 

Pollutants for Cellulose Products 

Manufacturing.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 VVVV National Emission Standards for Hazardous Air 

Pollutants for Boat Manufacturing.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 
103

Table 8: Evaluation of OAC 252:100, Appendix Q – Incorporation by Reference

Except as provided under OAC 252:100-2-3(b)(2), the following provisions of Title 40 of the Code of Federal 

Regulations are hereby incorporated by reference as they existed on August 1, 2011.

PART SUBPART DESCRIPTION EPA’s Evaluation

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 WWWW National Emissions Standards for Hazardous 

Air Pollutants: Reinforced Plastic Composites 

Production.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 XXXX National Emission Standards for Hazardous Air 

Pollutants: Rubber Tire Manufacturing.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 YYYY National Emission Standards for Hazardous Air 

Pollutants for Stationary Combustion Turbines. 

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 ZZZZ National Emission Standards for Hazardous Air 

Pollutants for Stationary Source Reciprocating 

Internal Combustion Engines.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 AAAAA National Emission Standards for Hazardous Air 

Pollutants From Lime Manufacturing Plants.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 BBBBB National Emission Standards for Hazardous Air 

Pollutants From Semiconductor Manufacturing.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 CCCCC National Emission Standards for Hazardous Air 

Pollutants For Coke Ovens: Pushing, 

Quenching, and Battery Stacks.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 DDDDD National Emission Standards for Hazardous Air 

Pollutants for Major Sources: Industrial, 

Commercial, and Institutional Boilers and 

Process Heaters

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.
104

Table 8: Evaluation of OAC 252:100, Appendix Q – Incorporation by Reference

Except as provided under OAC 252:100-2-3(b)(2), the following provisions of Title 40 of the Code of Federal 

Regulations are hereby incorporated by reference as they existed on August 1, 2011.

PART SUBPART DESCRIPTION EPA’s Evaluation

63 EEEEE National Emission Standards for Hazardous Air 

Pollutants For Iron and Steel Foundries.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 FFFFF National Emission Standards for Hazardous Air 

Pollutants For Integrated Iron and Steel 

Manufacturing Facilities.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 GGGGG National Emission Standards for Hazardous Air 

Pollutants: Site Remediation.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 HHHHH National Emission Standards for Hazardous Air 

Pollutants: Miscellaneous Coating 

Manufacturing.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 IIIII National Emission Standards for Hazardous Air 

Pollutants: Mercury Emissions from Mercury 

Cell Chlor-Alkali Plants.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 LLLLL National Emission Standards for Hazardous Air 

Pollutants: Asphalt Processing and Asphalt 

Roofing Manufacturing.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 MMMMM National Emission Standards for Hazardous Air 

Pollutants: Flexible Polyurethane Foam 

Fabrication Operations.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 NNNNN National Emission Standards for Hazardous Air 

Pollutants: Hydrochloric Acid Production.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 PPPPP National Emission Standards for Hazardous Air 

Pollutants for Engine Test Cells/Stands.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 
105

Table 8: Evaluation of OAC 252:100, Appendix Q – Incorporation by Reference

Except as provided under OAC 252:100-2-3(b)(2), the following provisions of Title 40 of the Code of Federal 

Regulations are hereby incorporated by reference as they existed on August 1, 2011.

PART SUBPART DESCRIPTION EPA’s Evaluation

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 QQQQQ National Emission Standards for Hazardous Air 

Pollutants for Friction Materials Manufacturing 

Facilities.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 RRRRR National Emission Standards for Hazardous Air 

Pollutants: Taconite Iron Ore Processing.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 SSSSS National Emission Standards for Hazardous Air 

Pollutants for Refractory Products 

Manufacturing.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 TTTTT National Emission Standards for Hazardous Air 

Pollutants for Primary Magnesium Refining.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 WWWWW National Emission Standards for Hospital 

Ethylene Oxide Sterilizers.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 YYYYY National Emission Standards for Hazardous Air 

Pollutants: Electric Arc Furnace Steelmaking 

Facilities.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 ZZZZZ National Emission Standards for Hazardous Air 

Pollutants for Iron and Steel Foundries Area 

Sources.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 BBBBBB National Emission Standards for Hazardous Air 

Pollutants For Source Category: Gasoline 

Distribution Bulk Terminals, Bulk Plants, and 

Pipeline Facilities.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16,

2016.
106

Table 8: Evaluation of OAC 252:100, Appendix Q – Incorporation by Reference

Except as provided under OAC 252:100-2-3(b)(2), the following provisions of Title 40 of the Code of Federal 

Regulations are hereby incorporated by reference as they existed on August 1, 2011.

PART SUBPART DESCRIPTION EPA’s Evaluation

63 CCCCCC National Emission Standards for Hazardous Air 

Pollutants For Source Category: Gasoline 

Dispensing Facilities.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 DDDDDD National Emission Standards for Hazardous Air 

Pollutants For Polyvinyl Chloride and 

Copolymers Production Area Sources.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 EEEEEE National Emission Standards for Hazardous Air 

Pollutants For Primary Copper Smelting Area 

Sources.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 FFFFFF National Emission Standards for Hazardous Air 

Pollutants For Secondary Copper Smelting Area 

Sources.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 GGGGGG National Emission Standards for Hazardous Air 

Pollutants For Primary Nonferrous Metals Area 

Sources – Zinc, Cadmium, and Beryllium

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 HHHHHH National Emission Standards for Hazardous Air 

Pollutants: Paint Stripping and Miscellaneous 

Surface Coating Operations.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 JJJJJJ National Emission Standards for Hazardous Air 

Pollutants for Industrial, Commercial, and 

Institutional Boilers Area Sources

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 LLLLLL National Emission Standards for Hazardous Air 

Pollutants For Acrylic and Modacrylic Fibers 

Production Area Sources.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 MMMMMM National Emission Standards for Hazardous Air 

Pollutants For Carbon Black Production Area 

Sources.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 
107

Table 8: Evaluation of OAC 252:100, Appendix Q – Incorporation by Reference

Except as provided under OAC 252:100-2-3(b)(2), the following provisions of Title 40 of the Code of Federal 

Regulations are hereby incorporated by reference as they existed on August 1, 2011.

PART SUBPART DESCRIPTION EPA’s Evaluation

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 NNNNNN National Emission Standards for Hazardous Air 

Pollutants for Chemical Manufacturing Area 

Sources: Chromium Compounds

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 OOOOOO National Emission Standards for Hazardous Air 

Pollutants for Flexible Polyurethane Foam 

Production and Fabrication Area Sources.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 PPPPPP National Emission Standards for Hazardous Air 

Pollutants for Lead Acid Battery Manufacturing 

Area Sources.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 QQQQQQ National Emission Standards for Hazardous Air 

Pollutants for Wood Preserving Area Sources.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 RRRRRR National Emission Standards for Hazardous Air 

Pollutants for Clay Ceramics Manufacturing 

Area Sources.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 SSSSSS National Emission Standards for Hazardous Air 

Pollutants for Glass Manufacturing Area 

Sources.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 TTTTTT National Emission Standards for Hazardous Air 

Pollutants for Secondary Nonferrous Metals 

Processing Area Sources.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 VVVVVV National Emission Standards for Hazardous Air 

Pollutants for Chemical Manufacturing Area 

Sources

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.
108

Table 8: Evaluation of OAC 252:100, Appendix Q – Incorporation by Reference

Except as provided under OAC 252:100-2-3(b)(2), the following provisions of Title 40 of the Code of Federal 

Regulations are hereby incorporated by reference as they existed on August 1, 2011.

PART SUBPART DESCRIPTION EPA’s Evaluation

63 WWWWWW National Emission Standards for Hazardous Air 

Pollutants: Area Source Standards for Plating 

and Polishing Operations.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 XXXXXX National Emission Standards for Hazardous Air 

Pollutants Area Source Standards for Nine 

Metal Fabrication and Finishing Source 

Categories.

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 YYYYYY National Emission Standards for Hazardous Air 

Pollutants for Area Sources: Ferroalloys 

Production Facilities

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 ZZZZZZ National Emission Standards for Hazardous Air 

Pollutants: Area Source Standards for 

Aluminum, Copper, and Other Nonferrous 

Foundries

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 AAAAAAA National Emission Standards for Hazardous Air 

Pollutants for Area Sources: Asphalt Processing 

and Asphalt Roofing Manufacturing

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 BBBBBBB National Emission Standards for Hazardous Air 

Pollutants for Area Sources: Chemical 

Preparations Industry

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 CCCCCCC National Emission Standards for Hazardous Air 

Pollutants for Area Sources: Paints and Allied 

Products Manufacturing

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

63 DDDDDDD National Emission Standards for Hazardous Air 

Pollutants for Area Sources: Prepared Feeds 

Manufacturing

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 

This IBR for SIP inclusion returned 

to the State by letter dated May 16,

2016.

63 EEEEEEE National Emission Standards for Hazardous Air 

Pollutants: Gold Mine Ore Processing and 

Production Area Source Category

Not appropriate for SIP inclusion. 

Approved and implemented 

separately in the Part 63 Delegation. 
109

Table 8: Evaluation of OAC 252:100, Appendix Q – Incorporation by Reference

Except as provided under OAC 252:100-2-3(b)(2), the following provisions of Title 40 of the Code of Federal 

Regulations are hereby incorporated by reference as they existed on August 1, 2011.

PART SUBPART DESCRIPTION EPA’s Evaluation

This IBR for SIP inclusion returned 

to the State by letter dated May 16, 

2016.

64 n/a (All 

Sections)

Compliance Assurance Monitoring (CAM). Not appropriate for inclusion in the 

SIP. Implemented through the Part 

70 Operating Permits Program. This 

IBR for SIP inclusion returned to 

the State by letter dated May 16, 

2016.

72 All Subparts Permits Regulation. Not appropriate for inclusion in the 

SIP. Implemented through the Part 

70 Operating Permits Program. This 

IBR for SIP inclusion returned to

the State by letter dated May 16, 

2016.
110

B. Evaluation of Revisions to OAC 252:100, Subchapter 5 – Registration, 

Emission Inventory, and Annual Operating Fees

This section analyses the changes submitted to the Registration, Emission Inventory, and Annual 

Operating Fees for the Oklahoma SIP under OAC 252:100, Subchapter 5. The evaluation of each 

provision of the Registration, Emission Inventory, and Annual Operating Fees provisions in the 

Oklahoma SIP includes the following sections:

• Background. This section includes a chronology of the current SIP and each amendment 

that was submitted to EPA for SIP approval. This section also defines the proposed action 

EPA is reviewing.

• Evaluation Matrix. This section includes a table which sets forth the text of each 

submitted SIP amendment, and an annotation of the changes of each SIP amendment. 

Standard editing conventions will be used such that new text is underlined and deleted 

text is struck out. The right hand column of each matrix will include EPA’s evaluation of 

the submitted amendments.

• Additional Comments. When necessary, this section will include additional comments 

related to EPA’s evaluation of the provision, including any extended comments related to 

information in the right hand column of the applicable evaluation matrix
111

1. OAC 252:100-5-1. Purpose.

Background of OAC 252:100-5-1. Purpose.

• The Oklahoma SIP includes OAC 252:100-5-1 as adopted by the ODEQ on June 1, 2000, 

effective on June 12, 2000. EPA approved this provision on November 26, 2010. See 75 

FR 72695.

• ODEQ has submitted no revisions to this provision.

The following table provides the provisions in OAC 252:100-5-1 for reference only. No 

revisions are before the EPA for review.

Table 9: OAC 252:100-5-1. Purpose.

OAC 252:100-5-1

SIP Approved by EPA on November 26, 2010

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

facilities that emit air contaminants to file an emission inventory and pay annual operating fees.

2. Evaluation of Revisions to OAC 252:100-5-1.1, Definitions

Background of OAC 252:100-5-1.1. Definitions.

• The Oklahoma SIP includes OAC 252:100-5-1.1, as adopted by the ODEQ on June 1, 

2000, effective on June 12, 2000. EPA approved this provision on November 26, 2010. 

See 75 FR 72695.

• ODEQ has submitted one revisions to the definitions used in the subchapter pertaining to 

registration, emission inventory and operating fees.

o Revisions effective June 15, 2007; submitted July 16, 2010.

The following table includes EPA’s evaluation of the revisions to OAC 252:100-5-1.1.

Table 10: Evaluation of OAC 252:100-5-1.1 Definitions EPA’s Analysis

OAC 252:100-5-1.1

SIP Approved by EPA on November 26, 2010

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

following meaning unless the context clearly indicates otherwise:

No changes submitted. 

Language provided for 

context.

OAC 252:100-5-1.1

SIP Approved by EPA on November 

26, 2010

“Actual emissions” means the total 

amount of regulated air pollutants 

emitted from a given facility during a 

particular calendar year, determined 

using methods contained in 252:100-

5-2.1(d).

Revisions adopted March 27, 2007; 

Submitted to EPA on July 16, 2010.

“Actual emissions” means the total 

amount of any regulated air pollutant 

actually pollutants emitted from a 

given facility during a particular 

calendar year, determined using 

methods contained in 252:100-5-

2.1(d).

Revisions adopted March 27, 

2007 provide clarity to the 

existing provisions. Revisions 

are approvable.

OAC 252:100-5-1.1

SIP Approved by EPA on November 

26, 2010

“Allowable emissions” means:

(A). The total amount of regulated 

air pollutant emitted based on 

Revisions adopted March 27, 2007; 

Submitted to EPA on July 16, 2010.

“Allowable emissions” means:

(A). The total amount of any 

regulated air pollutant 

emitted based on limits 

Revisions adopted March 27, 

2007 provide clarity to the 

existing provisions. Revisions 

are approvable.
112

Table 10: Evaluation of OAC 252:100-5-1.1 Definitions EPA’s Analysis

limits contained in a federally 

enforceable permit or 

potential to emit, or

(B). For grandfathered sources, 

emission limits based on

maximum design capacity 

and considering all applicable 

rules.

contained in an a federally

enforceable permit or 

potential to emit, or

(B). For grandfathered sources, 

emission limits based on 

maximum design capacity 

and considering all applicable 

rules.

OAC 252:100-5-1.1

SIP Approved by EPA on November 

26, 2010

“Consumer Price Index” means an 

index determined by the U.S. 

Department of Labor measuring the 

change in the cost of typical wageearner purchases of goods and services 

expressed as a percentage of the cost 

of these same goods and services in a 

base period.

Revisions adopted March 27, 2007; 

Submitted to EPA on July 16, 2010.

“Consumer Price Index” means an 

index determined by the U.S. 

Department of Labor measuring the 

change in the cost of typical wageearner purchases of goods and services 

expressed as a percentage of the cost 

of these same goods and services in a 

base period.

The deletion adopted March 

27, 2007 is approvable. The 

definition is widely available 

and is not necessary in the 

Oklahoma SIP. Deletion is 

approvable.

OAC 252:100-5-1.1

SIP Approved by EPA on November

26, 2010

“Date of billing” means the date the 

fee was billed. In the case no fee was 

billed because the owner or operator 

failed to submit the required annual 

emission inventory, the date of billing 

shall mean the date on which the fee 

would have been billed had the 

emission inventory been submitted 

when due.

Revisions adopted March 27, 2007; 

Submitted to EPA on July 16, 2010.

“Date of billing” means the date the 

fee was billed. In the case no fee was 

billed because the owner or operator 

failed to submit the required annual 

emission inventory, the date of billing 

shall mean the date on which the fee 

would have been billed had the 

emission inventory been submitted 

when due.

The deletion adopted March 

27, 2007 is approvable. The 

definition is widely available 

and is not necessary in the 

Oklahoma SIP. Deletion is 

approvable.

OAC 252:100-5-1.1

SIP Approved by EPA on November 26, 2010

“Emission inventory” means a compilation of all point source, storage and 

process fugitive air emissions for all regulated air pollutants at a given facility.

No changes submitted. 

Language provided for 

context.

OAC 252:100-5-1.1

SIP Approved by EPA on November 

26, 2010

“Error” means, with regard to fees, a 

fee overpayment made as a result of a 

mistake on the part of the DEQ in 

invoicing or the part of the owner or 

operator in calculating emissions. It 

does not mean a mistake made in the 

decision to use or not to use a 

particular emission factor or method 

of calculation.

Revisions adopted March 27, 2007; 

Submitted to EPA on July 16, 2010.

“Error” means, with regard to fees, a 

fee overpayment made as a result of a 

mistake on the part of the DEQ in 

invoicing or the part of the owner or 

operator in calculating emissions. It 

does not mean a mistake made in the 

decision to use or not to use a 

particular emission factor or method 

of calculation.

The deletion adopted March 

27, 2007 is approvable. The 

definition is widely available 

and is not necessary in the 

Oklahoma SIP. Deletion is 

approvable.

OAC 252:100-5-1.1

SIP Approved by EPA on November 26, 2010

“Grandfathered source” means a stationary source that was in operation in 

Oklahoma when an otherwise applicable rule was promulgated unless that rule 

specifically applies to existing sources or the source has undergone modification 

since that rule was promulgated.

No changes submitted. 

Language provided for 

context.
113

Table 10: Evaluation of OAC 252:100-5-1.1 Definitions EPA’s Analysis

Revisions adopted March 27, 2007; Submitted to EPA on July 16, 2010.

“Gross particulate matter” or “GPM” means particulate matter with an 

aerodynamic diameter greater than 10 micrometers.

New definition adopted March 

27, 2007 is approvable. This 

definition is consistent with 

EPA requirements for 

defining GPM.

OAC 252:100-5-1.1

SIP Approved by EPA on November 26, 2010

“Minor facility” means a facility which is not a Part 70 source.

No changes submitted. 

Language provided for 

context.

OAC 252:100-5-1.1

SIP Approved by EPA on November 26, 2010

“Part 70 source” means any source subject to the permitting requirements of 

Part 5 of Subchapter 8 of this Chapter as provided in 252:100-8-3(a) and 

252:100-8-3(b).

No changes submitted. 

Language provided for 

context.

OAC 252:100-5-1.1

SIP Approved by EPA on November 26, 2010

“Process Fugitive Emissions” means those emissions created by or incidental 

to any particular process which become airborne or have the potential to become 

airborne, and could not reasonably, taking into account economic 

considerations, be made to pass through a stack, chimney, vent or other 

functionally equivalent opening.

No changes submitted. 

Language provided for 

context.

OAC 252:100-5-1.1

SIP Approved by EPA on November 

26, 2010

“Regulated air pollutant” means:

(A). Any Volatile Organic 

Compound (VOC), as that 

term is defined in 252:100-1-

3, 252:100-37-2, or 252:100-

39-2.

(B). Any pollutant regulated 

under section 111 or 112 

(except 112(r)) of the Federal 

Clean Air Act.

(C). Any pollutant for which a 

national primary ambient air 

quality standard has been 

promulgated under the 

Federal Clean Air Act.

(D). Paragraph D not in SIP

Any Toxic Air Contaminant 

as defined and regulated 

under 252:100-41-2.

(E). Any other substance for 

which an air emission 

limitation or equipment 

standard is set by permit or 

rule.

Revisions adopted March 27, 2007; 

Submitted to EPA on July 16, 2010.

“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.

.:

(A). Any Volatile Organic 

Compound (VOC), as that 

term is defined in 252:100-1-

3, 252:100-37-2, or 252:100-

39-2.

(B). Any pollutant regulated 

under section 111 or 112 

(except 112(r)) of the Federal 

Clean Air Act.

(C). Any pollutant for which a 

national primary ambient air 

quality standard has been 

promulgated under the 

Federal Clean Air Act.

(D). Paragraph D not in SIP 

Any Toxic Air Contaminant 

as defined and regulated 

under 252:100-41-2.

Any other substance for which an air 

emission limitation or equipment 

standard is set by permit or rule.

The revisions to the definition 

of “regulated air pollutant” in 

the Oklahoma Fee provisions 

adopted on March 27, 2007 

are approvable. These 

revisions reference the newly 

adopted Appendix P and 

promote consistency within 

the Oklahoma SIP.
114

Table 10: Evaluation of OAC 252:100-5-1.1 Definitions EPA’s Analysis

OAC 252:100-5-1.1

SIP Approved by EPA on November 

26, 2010

“Regulated pollutant (for fee 

calculation)”, which is used only for 

purposes of this Subchapter, means 

any “regulated air pollutant” except 

the following:

(A). Carbon monoxide.

(B). Any pollutant that is a 

regulated air pollutant solely 

because it is a Class I or II 

substance subject to a 

standard promulgated under 

or established by Title VI of 

the Act.

(C). Any pollutant that is a 

regulated air pollutant solely 

because it is subject to a 

standard or regulation under 

section 112(r) of the Act.

(D). Total suspended particulates 

(TSP).

Revisions adopted March 27, 2007; 

Submitted to EPA on July 16, 2010.

“Regulated pollutant (for fee 

calculation)”, which is used only for 

purposes of this Subchapter, means 

any “regulated air pollutant” except 

the following:

(A). Carbon monoxide.

(B). Any pollutant that is a 

regulated air pollutant solely 

because it is a Class I or II 

substance subject to a 

standard promulgated under 

or established by Title VI of 

the Act.

(C). Any pollutant that is a 

regulated air pollutant solely 

because it is subject to a 

standard or regulation under 

section 112(r) of the Act.

(D). Total suspended particulates 

(TSP).

Deletion adopted March 27, 

2007 is approvable. The 

definition was removed from 

the Oklahoma regulations 

because it is no longer needed.

3. OAC 252:100-5-2. Registration of Potential Sources of Air Contaminants.

Background of OAC 252:100-5-2. Registration of Potential Sources of Air Contaminants.

• The Oklahoma SIP includes OAC 252:100-5-2 as adopted by the ODEQ on June 1, 2000, 

effective on June 12, 2000. EPA approved this provision on November 26, 2010. See 75 

FR 72695.

• ODEQ has submitted no revisions to this provision.

The following table provides the provisions in OAC 252:100-5-2 for reference only. No 

revisions are before the EPA for review.

Table 11: OAC 252:100-5-2. Registration of Potential Sources of Air Contaminants.

OAC 252:100-5-2

SIP Approved by EPA on November 26, 2010

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

this Chapter, the owner or operator of an air contaminant source shall, upon request, provide the Division 

with information necessary to evaluate the source's potential for causing air pollution.

OAC 252:100-5-2

SIP Approved by EPA on November 26, 2010

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

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

(2) Period or periods of operation.

(3) Composition of the contaminant.

(4) Physical state of the contaminant.

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

atmosphere.
115

(6) Efficiency of any control device.

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

4. Evaluation of Revisions to OAC 252:100-5-2.1, Emission Inventory

Background of OAC 252:100-5-2.1. Emission Inventory.

• The Oklahoma SIP includes OAC 252:100-5-2.1 Emission Inventory requirements, as 

adopted by the ODEQ on June 1, 2000, effective on June 12, 2000. EPA approved this 

provision on November 26, 2010. See 75 FR 72695.

• ODEQ has submitted two revisions to the emission inventory requirements.

o Revisions effective June 11, 2004; submitted July 16, 2010.

o Revisions effective June 15, 2007; submitted July 16, 2010.

The following table includes EPA’s evaluation of the revisions to OAC 252:100-5-2.1.

Table 12: Evaluation of revisions to OAC 252:100-5-2.1 Emission Inventory EPA’s Analysis

OAC 252:100-5-2.1(a)

SIP-approved by EPA on 

November 26, 2010, as 

adopted by the State on 

June 1, 2000.

(a) Requirement to file 

an emission 

inventory. The 

owner or operator of 

any facility that is a 

source of air 

emissions shall 

submit a complete 

emission inventory 

annually on forms 

obtained from the 

Division.

1. The inventory 

shall cover 

operations 

during a calendar 

year and shall be 

submitted prior 

to March 1 of the 

following year, 

unless a 30-day 

extension has 

been granted by 

the Division. An 

additional 30-

day extension 

may be granted 

Revisions adopted June 1, 

2004; Submitted July 16, 

2010.

(a) Requirement to file 

an emission 

inventory. The owner 

or operator of any 

facility that is a source 

of air emissions shall 

submit a complete 

emission inventory 

annually on forms 

obtained from the 

Division.

1. General 

requirements. 

The inventory 

shall cover 

operations during 

a calendar year 

and shall be 

submitted prior 

to March 1 of the 

following year, 

unless the 

Division has 

granted a 30-day 

extension a 30-

day extension 

has been granted 

by the Division. 

An additional 30-

day extension 

Revisions adopted March 

27, 2007; Submitted July 

16, 2010.

(a) Requirement to file 

an emission 

inventory. The owner 

or operator of any 

facility that is a source 

of air contaminants 

emissions shall submit 

a complete emission 

inventory annually on 

forms obtained from 

the Division.

1. General 

requirements.

The inventory 

shall cover 

operations during 

a calendar year 

and shall be 

submitted prior 

to April March 1 

of the following 

year. Upon 

receiving a 

written 

demonstration of 

good cause the 

Director may 

grant an 

extension for 

submittal beyond 

Revisions adopted June 

1, 2004 and March 27, 

2007 are nonsubstantive revisions 

that provide clarity to 

the Oklahoma 

regulations. These 

revisions are 

approvable.

On January 28, 2015, 

the Oklahoma 

Secretary of Energy 

and Environment 

submitted a request to 

withdraw the revisions 

at 252:100-5-

2.1(a)(3).3

 3 The withdrawal letter is in the docket for this rulemaking.
116

Table 12: Evaluation of revisions to OAC 252:100-5-2.1 Emission Inventory EPA’s Analysis

for good cause 

shown.

2. Facilities 

registered under 

a permit by rule 

as outlined in 

Subchapter 7 and 

emitting 5 tons 

per year or less 

of each regulated 

pollutant are 

required to 

submit an 

emission 

inventory once 

every 5 years. 

The inventory 

shall cover 

operations 

during the last 

year of each 5-

year period and 

be submitted by 

March 1 of the 

following year.

3. De minimis 

facilities as 

defined in 

252:100-7-1.1 

are not required 

to submit an 

annual emission 

inventory.

may be granted 

for good cause 

shown.

2. Permit by rule. 

The owner or 

operator of a 

facility Facilities 

registered under 

a permit by rule 

as outlined in 

Subchapter 7 and 

emitting 5 tons 

per year or less 

of each regulated 

air pollutant is 

are required to 

submit an 

emission 

inventory for that 

facility once 

every 5 years. 

The inventory 

shall cover 

operations during 

the last year of 

each 5-year 

period and be 

submitted by 

March 1 of the 

following year.

3. Permit exempt 

facilities and de 

minimis 

facilities. The 

owners or 

operators of 

permit exempt 

facilities or de 

minimis 

facilities, as these 

terms are defined 

in OAC 252:100-

7-1.1, De 

minimis facilities 

as defined in 

252:100-7-1.1

are not required 

to submit an 

annual emission 

inventory.

4. Special 

inventories.

Upon request by 

the Director, the 

owner or 

the April 1 

deadline. , unless 

the Division has 

granted a 30-day 

extension. An 

additional 30-day 

extension may be 

granted for good 

cause shown.

2. Permit by rule. 

The owner or 

operator of a 

facility registered 

under a permit 

by rule as 

outlined in 

Subchapter 7 and 

emitting 5 tons 

per year or less 

of each regulated 

air pollutant is 

required to 

submit an 

emission 

inventory for that 

facility once 

every 5 years. 

The inventory 

shall cover 

operations during 

the last year of 

each 5-year 

period and be 

submitted by 

March 1 of the 

following year.

3. [NOT BEFORE 

EPA FOR 

REVIEW or 

INCLUSION IN 

THE 

SIP].Permit 

exempt facilities 

and de minimis 

facilities. The 

owners or 

operators of 

permit exempt 

facilities or de 

minimis 

facilities, as 

these terms are 

defined in OAC 

252:100-7-1.1, 

are not required 
117

Table 12: Evaluation of revisions to OAC 252:100-5-2.1 Emission Inventory EPA’s Analysis

operator of a 

facility that emits 

or has the 

potential to emit 

any regulated air 

pollutant shall 

file an emission 

inventory with 

the Division. The 

Director is 

authorized to 

request this 

inventory when 

emission related 

data is necessary 

for program 

planning or 

compliance with 

State or Federal 

rules, 

regulations, 

standards, or 

requirements.

to submit an 

annual emission 

inventory.

4. Special 

inventories.

Upon request by 

the Director, the 

owner or 

operator of a 

facility that emits 

or has the 

potential to emit 

any regulated air 

pollutant shall 

file an emission 

inventory with 

the Division. The 

Director is 

authorized to 

request this 

inventory when 

emission related 

data is necessary 

for program 

planning or 

compliance with 

State or Federal 

rules, 

regulations, 

standards, or 

requirements.

OAC 252:100-5-2.1(b)

SIP-approved by EPA on 

November 26, 2010, as 

adopted by the State on 

June 1, 2000.

(b) Content. All 

inventories submitted 

to the Division shall 

include, but shall not 

be limited to, the 

following:

1. For those 

emissions 

subject to a 

permit, the 

permit number 

and the 

permitted 

allowable 

emissions as set 

forth therein.

2. The amount of 

the actual 

emissions, 

Revisions adopted June 1, 

2004; Submitted July 16, 

2010.

(b) Content. All 

inventories submitted 

to the Division shall 

include, but shall not 

be limited to, the 

following:

1. For those 

emissions subject 

to a permit, the 

permit number 

and the permitted 

allowable 

emissions as set 

forth therein.

2. The amount of 

the actual 

emissions, 

including 

quantifiable 

excess emissions, 

and the basis for 

Revisions adopted March 

27, 2007; Submitted July 

16, 2010.

(b) Content. All 

inventories submitted 

to the Division shall 

include, but shall not 

be limited to, the 

following:

1. For those 

emissions subject 

to a permit, the

permit number 

and the permitted 

allowable 

emissions as set 

forth therein.

2. The amount of 

the actual 

emissions, 

including 

quantifiable 

excess emissions, 

and the basis for 

Revisions adopted June 

1, 2004 and March 27, 

2007 are nonsubstantive revisions 

that provide clarity to 

the Oklahoma 

regulations. These 

revisions are 

approvable.
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Table 12: Evaluation of revisions to OAC 252:100-5-2.1 Emission Inventory EPA’s Analysis

including 

quantifiable 

excess 

emissions, and 

the basis for 

such 

determination.

3. If the actual 

emissions vary 

from the 

allowable or 

from the 

previous year's 

actual by more 

than 30%, an 

explanation for 

the difference.

4. For those 

emissions not the 

subject of a 

permit and when 

requested by the 

AQD, a list of all 

252:100 rules 

setting forth 

emission 

limitations 

applicable to the 

facility in 

question and the 

maximum yearly 

allowable for the 

facility.

such 

determination.

3. If the actual 

emissions vary 

from the 

allowable or 

from the 

previous year's 

actual by more 

than 30%, an 

explanation for 

the difference.

4. For those 

emissions not the 

subject of a 

permit and when 

requested by the 

AQD, a list of all 

OAC 252:100 

rules setting forth 

emission 

limitations 

applicable to the 

facility in 

question and the 

maximum yearly 

allowable for the 

facility.

such 

determination. If 

the total actual 

emissions of any 

regulated air 

pollutant from a 

facility vary 

from the 

allowable or 

from the 

previous year's 

actual by more 

than 30%, the 

Department may 

require the owner 

or operator to 

provide an 

explanation for 

the difference in 

order to 

determine 

compliance with 

the Oklahoma 

Clean Air Act or 

any rule 

promulgated 

thereunder, or 

any permit 

condition 

prescribed or 

order issued 

pursuant thereto.

3. For those 

emissions not the 

subject of a 

permit and when 

requested by the 

AQD, a list of all 

OAC 252:100 

rules setting forth 

emission 

limitations 

applicable to the 

facility in 

question and the 

maximum yearly 

allowable for the 

facility.

OAC 252:100-5-2.1(c)

SIP-approved by EPA on 

November 26, 2010, as 

adopted by the State on 

June 1, 2000.

(c) Documentation. All 

calculations and 

Revisions adopted June 1, 

2004; Submitted July 16, 

2010.

(c) Documentation. All 

calculations and 

assumptions must be 

verified by proper 

Revisions adopted March 

27, 2007; Submitted July 

16, 2010.

(c) Documentation. All 

calculations and 

assumptions must be 

verified by proper 

Revisions adopted June 

1, 2004 and March 27, 

2007 are nonsubstantive revisions. 

These revisions are 

approvable.
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Table 12: Evaluation of revisions to OAC 252:100-5-2.1 Emission Inventory EPA’s Analysis

assumptions must be 

verified by proper 

documentation. All 

supporting data, 

including actual 

production, throughput 

and measurement 

records along with 

engineering 

calculations and other 

data utilized in 

accordance with 

252:100-5-2.1(d), 

below, must be 

maintained for at least 

5 years by the current 

owner or operator at the 

facility in conjunction 

with facility records of 

the emission inventory. 

This information must 

either be submitted to 

the Division or made 

available for inspection 

upon request.

documentation. All 

supporting data, 

including actual 

production, 

throughput and 

measurement records 

along with 

engineering 

calculations and other 

data utilized in 

accordance with OAC 

252:100-5-2.1(d), 

below, must be 

maintained for at least 

5 years by the current 

owner or operator at 

the facility in 

conjunction with 

facility records of the 

emission inventory. 

This information must 

either be submitted to 

the Division or made 

available for 

inspection upon 

request.

documentation. All 

supporting data, 

including actual 

production, 

throughput and 

measurement records 

along with 

engineering 

calculations and other 

data utilized in 

accordance with 

OAC 252:100-5-

2.1(d), below, must 

be maintained for at 

least 5 years by the 

current owner or 

operator at the facility 

in conjunction with 

facility records of the 

emission inventory. 

This information 

must either be 

submitted to the 

Division or made 

available for 

inspection upon 

request.

OAC 252:100-5-2.1(d)

SIP-approved by EPA on November 26, 

2010, as adopted by the State on June 1, 

2000.

(d) Method of calculation. The best 

available data at the time the emission 

inventory is or should have been 

prepared shall be used to determine 

emissions. It shall be the burden of the 

owner or operator to select the best 

available data, based on an acceptable 

method of calculation. The method of 

calculation used to determine 

emissions shall be binding upon the 

owner or operator and the Division for 

the purpose of calculating fees under 

252:100-5-2.2 unless challenged by the 

owner or operator prior to September 1 

of the year the inventory is due or by 

the Division within six (6) months 

after the date the inventory is received. 

Acceptable methods of calculation for 

determining actual emissions are:

1. Emission factors utilized in the 

issuance of a relevant Oklahoma 

Air Quality permit(s) for the 

facility.

Revisions adopted June 1, 2004; 

Submitted July 16, 2010.

(d) Method of calculation. The best 

available data at the time the 

emission inventory is or should 

have been prepared shall be used to 

determine emissions. It shall be the 

burden of the owner or operator to 

select the best available data, based 

on an acceptable method of 

calculation. The method of 

calculation used to determine 

emissions shall be binding upon the 

owner or operator and the Division 

for the purpose of calculating fees 

under OAC 252:100-5-2.2 unless 

challenged by the owner or 

operator prior to September 1 of the 

year the inventory is due or by the 

Division within six (6) months after 

the date the inventory is received. 

Acceptable methods of calculation 

for determining actual emissions 

are:

1. Emission factors utilized in 

the issuance of a currently 

applicable relevant Oklahoma 

Revisions adopted June 

1, 2004 are nonsubstantive. These 

revisions are 

approvable.
120

Table 12: Evaluation of revisions to OAC 252:100-5-2.1 Emission Inventory EPA’s Analysis

2. Stack tests using appropriate EPA 

test methods, with advance 

notification and opportunity for 

observation by the Air Quality 

Division.

3. Stack tests using appropriate EPA 

test methods may be used for 

determining the emissions of 

identical equipment (i.e., same 

model, same location, and same 

operating conditions and 

parameters) when:

i. Tests are performed by 

persons qualified by 

training and experience to 

perform said tests.

ii. Copies of the tests results 

and methods are available 

for review by the Air 

Quality Division.

4. Continuous emissions monitoring 

data, when supported by required 

certification and calibration data.

5. Current AP-42 factors or other 

factors acceptable to the Division.

6. Manufacturer's test data, when 

approved by the Division as 

reliable.

7. EPA and EPA-contracted 

industry-specific emission study 

data when it can be shown to be 

applicable to the facility in 

question and approved for use in 

the emission inventory by the 

Division.

8. Fuel usage and other mass-balance 

methods when supported by 

specific records applicable to the 

materials on which the 

calculations are based and 

approved for use in the emission 

inventory by the Division.

9. Any other method that can be 

shown to be reasonably accurate 

when supported by engineering 

data and calculations, and 

approved for use in the emission 

inventory by the Division.

Air Quality permit(s) for the 

facility.

2. Stack tests using appropriate 

EPA test methods, with 

advance notification and 

opportunity for observation 

by the Air Quality Division.

3. Stack tests using appropriate 

EPA test methods may be 

used for determining the 

emissions of identical 

equipment (i.e., same model, 

same location, and same 

operating conditions and 

parameters) when:

(A). Tests are performed by 

persons qualified by 

training and experience 

to perform said tests.

(B). Copies of the tests 

results and methods are 

available for review by 

the Air Quality

Division.

4. Continuous emissions 

monitoring data, when 

supported by required 

certification and calibration 

data.

5. Current AP-42 factors or 

other factors acceptable to the 

Division.

6. Manufacturer's test data, 

when approved by the 

Division as reliable.

7. EPA and EPA-contracted 

industry-specific emission 

study data when it can be 

shown to be applicable to the 

facility in question and 

approved for use in the 

emission inventory by the 

Division.

8. Fuel usage and other massbalance methods when 

supported by specific records 

applicable to the materials on 

which the calculations are 

based and approved for use in 

the emission inventory by the 

Division.

9. Any other method that can be 

shown to be reasonably 

accurate when supported by 

engineering data and 
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Table 12: Evaluation of revisions to OAC 252:100-5-2.1 Emission Inventory EPA’s Analysis

calculations, and approved for 

use in the emission inventory 

by the Division.

OAC 252:100-5-2.1(e)

SIP-approved by EPA on November 26, 2010, as adopted by the State on June 1, 2000.

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

substantially incomplete or substantially incorrect shall, upon the request of the 

Division, be subject to verification if not satisfactorily completed or corrected 

within a reasonable time. Verification shall be accomplished by an appropriate 

stack test using EPA approved methods, installation of continuous monitoring 

equipment, or other methods acceptable to the Division.

No changes submitted. 

Language provided for 

context.

Revisions adopted June 1, 2004; Submitted July 16, 2010.

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

official of the truth, accuracy, and completeness of the document. This 

certification shall be signed by a responsible official and shall contain the 

following language: “I certify, based on information and belief formed after 

reasonable inquiry, the statements and information in the document are true, 

accurate, and complete.”

New provision adopted 

June 1, 2004 is 

approvable. This new 

provision strengthens 

the emission inventory 

requirements by

providing a 

certification of the 

accuracy of the filing.

5. OAC 252:100-5-2.2. Annual Operating Fees.

Background of OAC 252:100-5-2.2. Annual Operating Fees.

• The Oklahoma SIP includes OAC 252:100-5-2.2 as adopted by the ODEQ on June 1, 

2000, effective on June 12, 2000. EPA approved this provision on November 26, 2010. 

See 75 FR 72695.

• ODEQ has submitted no revisions to this provision.

The following table provides the provisions in OAC 252:100-5-2.2 for reference only. No 

revisions are before the EPA for review.

Table 13: OAC 252:100-5-2.2. Annual Operating Fees

OAC 252:100-5-2.2(a)

SIP-approved by EPA on November 26, 2010, as adopted by the State on June 1, 2000.

(a) Applicability.

1. This section applies to all facilities that are sources of air pollution, including government facilities, 

regardless of whether the source is currently permitted or whether an emission inventory has or has not 

at any time been submitted for the facility. The owners or operators of Part 70 sources shall pay annual 

fees that are sufficient to cover the Part 70 program costs. The permitting authority shall ensure that the 

fees required by 252:100-5-2.2(b)(2) will be used solely for Part 70 program costs.

2. This section does not apply to de minimis facilities.

OAC 252:100-5-2.2(b)

SIP-approved by EPA on November 26, 2010, as adopted by the State on June 1, 2000.

(b) Fee schedule.

1. Minor facilities.

(A). Until January 1, 1998, the owner or operator of a facility subject to this section shall pay an annual 

operating fee based on annual emissions of regulated pollutants (for fee calculation), in accordance 

with the following fee schedule:

(i). 10 - 24.99 tons/year - $100/year
122

Table 13: OAC 252:100-5-2.2. Annual Operating Fees

(ii). 25 - 49.99 tons/year - $250/year

(iii). 50 - 74.99 tons/year - $500/year

(iv). 75 - 99.99 tons/year - $750/year

(B). In calendar year 1998, annual operating fees shall be invoiced at $10 per ton of regulated pollutant 

(for fee calculation).

(C). Beginning January 1, 1999, annual operating fees shall be invoiced at $17.12 per ton of regulated 

pollutant (for fee calculation).

2. Part 70 Sources.

(A). From January 1, 1995, until January 1, 1999, the annual operating fee for Part 70 sources shall be 

$15.19 per ton of regulated pollutant (for fee calculation).

(B). Beginning January 1, 1999, the annual operating fee for Part 70 sources shall be $17.12 per ton of 

regulated pollutant (for fee calculation).

(C). The annual operating fee shall be adjusted automatically each year by the percentage, if any, by 

which the Consumer Price Index for the most recent calendar year ending before the beginning of 

such year differs from the Consumer Price Index for the calendar year 1994. The Consumer Price 

Index for any calendar year is the average of the Consumer Price Index for all-urban consumers 

published by the Department of Labor, as of the close of the twelve month period ending on 

August 31 of each calendar year.

OAC 252:100-5-2.2(c)

SIP-approved by EPA on November 26, 2010, as adopted by the State on June 1, 2000.

(c) Payment.

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

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

due date, the DEQ may issue an administrative order to recover such fees and may assess a reasonable 

administrative fine in accordance with the provisions of the Oklahoma Clean Air Act, 27A O.S. §§ 2-5-

101 et seq., to an owner or operator of a facility who has failed to pay or has underpaid such fees.

2. If an owner or operator has failed to submit the required annual emission inventory, the DEQ may issue 

an administrative order to recover fees that would have been invoiced had the emission inventory been 

submitted when due. The DEQ may issue such order within five (5) years from the date of billing and 

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

Air Act, 27A O.S. §§ 2-5-101 et seq.

3. When a fee overpayment has been made as a result of an error, an owner or operator may seek a credit 

for such fee overpayment within five years from the date on which payment of the fee was received by 

the DEQ.

OAC 252:100-5-2.2(d)

SIP-approved by EPA on November 26, 2010, as adopted by the State on June 1, 2000.

(d) Basis for annual operating fees.

1. Operating fees shall be calculated on a source-specific basis and based on actual emissions of regulated 

pollutants (for fee calculation) as set forth in the facility emission inventory unless the owner or 

operator elects to pay fees on allowable emissions.

2. Regulated pollutants (for fee calculation) in excess of 4,000 tons per year per pollutant for a Part 70 

source shall not be considered in the calculation of the annual fee.
123

6. OAC 252:100-5-3. Confidentiality of Proprietary Information.

Background of OAC 252:100-5-3. Confidentiality of Proprietary Information.

• The Oklahoma SIP includes OAC 252:100-5-3 as adopted by the ODEQ on June 1, 2000, 

effective on June 12, 2000. EPA approved this provision on November 26, 2010. See 75 

FR 72695.

• ODEQ has submitted no revisions to this provision.

The following table provides the provisions in OAC 252:100-5-3 for reference only. No 

revisions are before the EPA for review.

Table 14: OAC 252:100-5-3. Confidentiality of Proprietary Information.

OAC 252:100-5-2.3

SIP-approved by EPA on November 26, 2010, as adopted by the State on June 1, 2000.

[Refer to 27A O.S. § 2-5-105.18.]
124

C. Evaluation of Revisions to OAC 252:100, Subchapter 8 – Permits for Part 70 

Sources and Major New Source Review (NSR) Sources, Part 1 – General 

Provisions

This section analyses the changes submitted to the General Provisions for Permits for Part 70 

Sources and Major NSR Sources under OAC 252:100, Subchapter 8, Part 1. The evaluation of 

each provision of the Oklahoma Permits program includes the following sections:

• Background. This section includes a chronology of the current SIP and each amendment 

that was submitted to EPA for SIP approval. This section also defines the proposed action 

EPA is reviewing.

• Evaluation Matrix. This section includes a table which sets forth the text of each 

submitted SIP amendment, and an annotation of the changes of each SIP amendment. 

Standard editing conventions will be used such that new text is underlined and deleted 

text is struck out. The right hand column of each matrix will include EPA’s evaluation of 

the submitted amendments.

• Additional Comments. When necessary, this section will include additional comments 

related to EPA’s evaluation of the provision, including any extended comments related to 

information in the right hand column of the applicable evaluation matrix.
125

1. Evaluation of OAC 252:100-8-1 Purpose.

Background of OAC 252:100-8-1 Purpose.

• The Oklahoma SIP includes OAC 252:100-8-1, as adopted by the ODEQ on June 15, 

1998, effective June 25, 1998. EPA approved this provision on November 26, 2010. See 

75 FR 72695.

No revisions have been submitted to OAC 252:100-8-1. The following information is provided 

for reference only.

Table 15: Evaluation of OAC 252:100-8-1

OAC 252:100-8-1. Purpose.

SIP-Approved by EPA on November 26, 2010.

This Subchapter sets forth permit application fees and the substantive requirements for permits for Part 70 

sources.
126

2. Evaluation of OAC 252:100-8-1.1. Definitions.

Background of OAC 252:100-8-1.1. Definitions.

• The Oklahoma SIP includes OAC 252:100-8-1.1, as adopted by the ODEQ on May 15, 

2001, effective on June 1, 2001. EPA approved this provision on November 26, 2010. 

See 75 FR 72695.

• ODEQ has submitted one revision to the general definitions for permits for Part 70 

Sources. These definitions apply to all of Subchapter 8 – including PSD, NNSR, and title 

V sources.

o Revisions effective June 15, 2006; submitted July 16, 2010.

The following table includes EPA’s evaluation of the revisions to OAC 252:100-8-1.1.

Table 16: Evaluation of OAC 252:100-8-1.1 EPA’s Evaluation

OAC 252:100-8-1.1 Definitions.

SIP-Approved by EPA on November 26, 2010.

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

following meaning, unless the context clearly indicates otherwise. Except as 

specifically provided in this section, terms used in this Subchapter retain the 

meaning accorded them under the applicable requirements of the Act.

No change submitted. 

Language provided for 

context.

OAC 252:100-8-1.1 Definitions.

SIP-Approved by EPA on November 26, 2010.

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

owner or operator had:

A. begun, or caused to begin, a continuous program of physical on-site 

construction of the stack; or

B. entered into binding agreements or contractual obligations, which could not 

be canceled or modified without substantial loss to the owner or operator, 

to undertake a program of construction of the stack to be completed in a 

reasonable time.

No change submitted. 

Language provided for 

context.

OAC 252:100-8-1.1 Definitions.

SIP-Approved by EPA on November 

26, 2010.

"Act" means the federal Clean Air 

Act, as amended, 42 U.S.C. 7401 et 

seq.

Revisions effective June 15, 2006; 

Submitted July 16, 2010.

"Act" means the federal Clean Air 

Act, as amended, 42 U.S.C. 7401 et 

seq.

Deletion is approvable. On 

July 16, 2010, the ODEQ 

moved the definition of “Act” 

to OAC 252:100-1-3 because 

it is germane to the Oklahoma 

SIP.

OAC 252:100-8-1.1 Definitions.

SIP-Approved by EPA on November 26, 2010.

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

total amount of regulated air pollutants emitted from a given facility during a 

particular calendar year, determined using methods contained in OAC 252:100-

5-2.1(d).

No change submitted. 

Language provided for 

context.

OAC 252:100-8-1.1 Definitions.

SIP-Approved by EPA on November 

26, 2010.

"Administrator" means the 

Administrator of the United States 

Environmental Protection Agency 

(EPA) or the Administrator's 

designee.

Revisions effective June 15, 2006; 

Submitted July 16, 2010.

"Administrator" means the 

Administrator of the United States 

Environmental Protection Agency 

(EPA) or the Administrator's 

designee.

Deletion is approvable. On 

July 16, 2010, the ODEQ 

moved the definition of 

“Administrator” to OAC 

252:100-1-3 because it is 

germane to the Oklahoma SIP.
127

Table 16: Evaluation of OAC 252:100-8-1.1 EPA’s Evaluation

OAC 252:100-8-1.1 Definitions.

SIP-Approved by EPA on November 

26, 2010.

"Allowable emissions" means, for 

purposes of Parts 7 and 9 of this 

Subchapter, 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.

Revisions effective June 15, 2006; 

Submitted July 16, 2010.

"Allowable emissions" means, for 

purposes of Parts 7 and 9 of this 

Subchapter, 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.

This deletion is approvable. 

The ODEQ submitted a 

definition of “allowable 

emissions” at OAC 252:100-8-

31 specific to the Oklahoma 

PSD program. That is 

consistent with federal PSD 

requirements. The Oklahoma 

NNSR program incorporates 

by reference the definition of 

“allowable emissions” at 40 

CFR 51.165(a)(1) as it exists

on July 1, 2010.

New definition effective June 15, 2006; Submitted July 16, 2010

“Adverse impact on visibility” means, for purposes of Parts 7 and 11, 

visibility impairment which interferes with the management, protection, 

preservation, or enjoyment of the visitor’s visual experience of the Federal 

Class I areas. This determination must be made by the DEQ on a case-by-case 

basis taking into account the geographic extent, intensity, duration, frequency 

and time of visibility impairments, and how these factors correlate with (1) 

times of visitor use of the Federal Class I area, and (2) the frequency and timing 

of natural conditions that reduce visibility. This term does not include effects 

on integral vistas.

This new definition for 

“adverse visibility” at OAC 

252:100-8-1.1 is approvable. 

The ODEQ is deleting the 

existing SIP-approved 

definition specific to PSD in 

the Oklahoma PSD program at 

OAC 252:100-8-31 and 

moving to this location. 

OAC 252:100-8-1.1 Definitions.

SIP-Approved by EPA on November 

26, 2010.

"Begin actual construction" means:

A. for purposes of Parts 7 and 9 of 

this Subchapter, in general, 

initiation of physical on-site 

construction activities on an 

emissions unit which are of a 

permanent nature. Such activities 

include, but are not limited to, 

installation of building supports 

and foundations, laying of 

underground pipework, and 

construction of permanent storage 

structures. 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.

B. for purposes of Part 5 of this 

Subchapter, that the owner or 

operator has begun the 

construction or installation of the 

Revisions effective June 15, 2006; 

Submitted July 16, 2010.

"Begin actual construction" means:

A. for purposes of Parts 7 and 9 of

this Subchapter, in general, 

initiation of physical on-site 

construction activities on an 

emissions unit which are of a 

permanent nature. Such activities 

include, but are not limited to, 

installation of building supports 

and foundations, laying of 

underground pipework, and 

construction of permanent 

storage structures. 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.

B. for purposes of Part 5 of this 

Subchapter, that the owner or 

operator has begun the 

construction or installation of the 

This deletion is approvable. 

The ODEQ has adopted a new 

definition of “begin actual 

construction” specific to PSD 

at OAC 252:100-8-31 that is 

consistent with federal 

requirements. The ODEQ has 

also adopted a general 

definition of “begin actual 

construction” at OAC 

252:100-8-2 that is applicable 

to Permits for Part 70 Sources.
128

Table 16: Evaluation of OAC 252:100-8-1.1 EPA’s Evaluation

emitting equipment on a pad or in 

the final location at the facility.

emitting equipment on a pad or in 

the final location at the facility.

OAC 252:100-8-1.1 Definitions.

SIP-Approved by EPA on November 

26, 2010.

"Best available control technology"

or "BACT" means the control 

technology to be applied for a major 

source or modification is the best that 

is available as determined by the 

Director on a case-by-case basis 

taking into account energy, 

environmental, and economic impacts 

and other costs of alternate control 

systems.

Revisions effective June 15, 2006; 

Submitted July 16, 2010.

"Best available control technology"

or "BACT" means the control 

technology to be applied for a major 

source or modification is the best that 

is available as determined by the 

Director on a case-by-case basis 

taking into account energy, 

environmental, and economic impacts 

and other costs of alternate control 

systems.

Deletion is approvable. On 

July 16, 2010, the ODEQ 

moved the definition of 

“BACT” to OAC 252:100-1-3 

because it is germane to the 

Oklahoma SIP.

OAC 252:100-8-1.1 Definitions.

SIP-Approved by EPA on November 

26, 2010.

"Building, structure, facility, or 

installation" means, for purposes of 

Parts 7 and 9 of this Subchapter, 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.

Revisions effective June 15, 2006; 

Submitted July 16, 2010.

"Building, structure, facility, or 

installation" means, for purposes of 

Parts 7 and 9 of this Subchapter, 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.

Deletion is approvable. On 

July 16, 2010, the ODEQ 

moved the definition of 

“Building, structure, facility, 

or installation” to OAC 

252:100-1-3 because it is 

germane to the Oklahoma SIP.

OAC 252:100-8-1.1 Definitions.

SIP-Approved by EPA on November 

26, 2010.

"Commence" for purposes of Parts 7 

and 9 of this Subchapter 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 onsite 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 

Revisions effective June 15, 2006; 

Submitted July 16, 2010.

"Commence" for purposes of Parts 7 

and 9 of this Subchapter 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 onsite construction of the source, to 

be completed within a reasonable 

time; or,

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 

Deletion is approvable. The 

ODEQ moved this SIP 

approved definition to OAC 

252:100-8-31 for the PSD 

program.

The Oklahoma NNSR program 

incorporates by reference the 

definition of “commence” at 

40 CFR 51.165(a)(1) as it

exists on July 1, 2010.
129

Table 16: Evaluation of OAC 252:100-8-1.1 EPA’s Evaluation

owner or operator, to undertake a 

program of actual construction of 

the source to be completed within 

a reasonable time.

actual construction of the source to be 

completed within a reasonable time..

OAC 252:100-8-1.1 Definitions.

SIP-Approved by EPA on November 

26, 2010.

"Construction" means, for purposes 

of Parts 7 and 9 of this Subchapter, 

any physical change or change in the 

method of operation (including 

fabrication, erection, installation, 

demolition, or modification of an 

emissions unit) which would result in 

a change in actual emissions.

Revisions effective June 15, 2006; 

Submitted July 16, 2010.

"Construction" means, for purposes 

of Parts 7 and 9 of this Subchapter, 

any physical change or change in the 

method of operation (including 

fabrication, erection, installation, 

demolition, or modification of an 

emissions unit) which would result in 

a change in actual emissions.

Deletion is approvable. The 

ODEQ moved this SIP 

approved definition to OAC 

252:100-8-31 for the PSD 

program.

The Oklahoma NNSR program 

incorporates by reference the 

definition of “construction” at 

40 CFR 51.165(a)(1) as it

exists on July 1, 2010.

OAC 252:100-8-1.1 Definitions.

SIP-Approved by EPA on November 26, 2010.

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

technique which attempts to affect the concentration of a pollutant in the 

ambient air by using that portion of a stack which exceeds good engineering 

practice stack height; varying the rate of emission of a pollutant according to 

atmospheric conditions or ambient concentrations of that pollutant; or 

increasing final exhaust gas plume rise by manipulating source process 

parameters, exhaust gas parameters, stack parameters or combining exhaust 

gases from several existing stacks into one stack, or other selective handling of 

exhaust gas streams so as to increase the exhaust gas plume rise. The preceding 

sentence does not include:

A. The reheating of a gas stream, following use of a pollution control system, 

for the purpose of returning the gas to the temperature at which it was 

originally discharged from the facility generating the gas stream.

B. The merging of exhaust gas streams where:

i. the source owner or operator documents that the facility was 

originally designed and constructed with such merged streams;

ii. after July 8, 1985, such merging is part of a change in operation at 

the facility that includes the installation of pollution controls and is 

accompanied by a net reduction in the allowable emissions of a 

pollutant. This exclusion from "dispersion technique" applicability 

shall apply only to the emission limitation for the pollutant affected 

by such change in operation; or

iii. before July 8, 1985, such merging was part of a change in operation 

at the facility that included the installation of emissions control 

equipment or was carried out for sound economic or engineering 

reasons. Where there was an increase in the emission limitation or, 

in the event that no emission limitation existed prior to the merging, 

there was an increase in the quantity of pollutants actually emitted 

prior to the merging, it shall be presumed that merging was 

primarily intended as a means of gaining emissions credit for greater 

dispersion. Before such credit can be allowed, the owner or operator 

must satisfactorily demonstrate that merging was not carried out for 

the primary purpose of gaining credit for greater dispersion.

C. Manipulation of exhaust gas parameters, merging of exhaust gas streams 

from several existing stacks into one stack, or other selective handling of 

exhaust gas streams so as to increase the exhaust gas plume rise in those 

cases where the resulting allowable emissions of sulfur dioxide from the 

facility do not exceed 5,000 tons per year.

No change submitted. 

Language provided for 

context.
130

Table 16: Evaluation of OAC 252:100-8-1.1 EPA’s Evaluation

OAC 252:100-8-1.1 Definitions.

SIP-Approved by EPA on November 26, 2010.

"Emission limitations and emission standards" means for purposes of OAC 

252:100-8-1.5 requirements that limit the quantity, rate or concentration of 

emissions of air pollutants on a continuous basis, including any requirements 

that limit the level of opacity, prescribe equipment, set fuel specifications or 

prescribe operation or maintenance procedures for a source to assure 

continuous reduction.

No change submitted. 

Language provided for 

context.

OAC 252:100-8-1.1 Definitions.

SIP-Approved by EPA on November 

26, 2010.

"Emissions unit" means, for 

purposes of Parts 7 and 9 of this 

Subchapter, any part of a source 

which emits or would have the 

potential to emit any pollutant subject 

to regulation.

Revisions effective June 15, 2006; 

Submitted July 16, 2010.

"Emissions unit" means, for 

purposes of Parts 7 and 9 of this 

Subchapter, any part of a source 

which emits or would have the 

potential to emit any pollutant subject 

to regulation.

Deletion is approvable. The 

Oklahoma SIP includes the 

definition of “Emissions Unit” 

at OAC 252:100-8-2. This 

definition applies to the PSD, 

NNSR, and Part 70 programs.

OAC 252:100-8-1.1 Definitions.

SIP-Approved by EPA on November 

26, 2010.

"EPA" means the United States 

Environmental Protection Agency.

Revisions effective June 15, 2006; 

Submitted July 16, 2010.

"EPA" means the United States 

Environmental Protection Agency.

Deletion is approvable. On 

July 16, 2010, the ODEQ 

moved the definition of “EPA” 

to OAC 252:100-1-3 because 

it is germane to the Oklahoma 

SIP.

OAC 252:100-8-1.1 Definitions.

SIP-Approved by EPA on November 

26, 2010.

"Fugitive emissions" means, for 

purposes of Parts 7 and 9 of this 

Subchapter, those emissions which 

could not reasonably pass through a 

stack, chimney, vent or other 

functionally equivalent opening.

Revisions effective June 15, 2006; 

Submitted July 16, 2010.

"Fugitive emissions" means, for 

purposes of Parts 7 and 9 of this 

Subchapter, those emissions which 

could not reasonably pass through a 

stack, chimney, vent or other 

functionally equivalent opening.

The Oklahoma SIP includes 

the definition of “fugitive 

emissions” at OAC 252:100-1-

3. This definition is germane 

to the Oklahoma SIP 

programs. The EPA is 

evaluating revisions to this 

general definition submitted on 

July 16, 2010. This deletion is 

approvable.

OAC 252:100-8-1.1 Definitions.

SIP-Approved by EPA on November 

26, 2010.

"National Emission Standards for 

Hazardous Air Pollutants" or 

"NESHAP" means those standards 

found in 40 CFR Parts 61 and 63.

Revisions effective June 15, 2006; 

Submitted July 16, 2010.

"National Emission Standards for 

Hazardous Air Pollutants" or 

"NESHAP" means those standards 

found in 40 CFR Parts 61 and 63.

Deletion is approvable. On 

July 16, 2010, the ODEQ 

moved the definition of “Act” 

to OAC 252:100-1-4 because 

it is germane to the Oklahoma 

SIP.

New definition effective June 15, 2006; Submitted July 16, 2010

“Natural conditions” includes naturally occurring phenomena that reduce 

visibility as measured in terms of light extinction, visual range, contrast, or 

coloration.

This new definition is 

approvable. The ODEQ is 

deleting the existing SIPapproved definition at OAC 

252:100-8-31 in and including 

the definition in OAC 

252:100-8-1.1. The new 

definition of “natural 

conditions” is a nonsubstantive edit to the existing 

definition and a change in 

location.

OAC 252:100-8-1.1 Definitions. Revisions effective June 15, 2006; 

Submitted July 16, 2010.

Deletion is approvable. The 

ODEQ moved this SIP 
131

Table 16: Evaluation of OAC 252:100-8-1.1 EPA’s Evaluation

SIP-Approved by EPA on November 

26, 2010.

"Necessary preconstruction 

approvals or permits" means, for 

purposes of Parts 7 and 9 of this 

Subchapter, those permits or 

approvals required under all 

applicable air quality control laws and 

rules.

"Necessary preconstruction 

approvals or permits" means, for 

purposes of Parts 7 and 9 of this 

Subchapter, those permits or 

approvals required under all 

applicable air quality control laws and 

rules.

approved definition to OAC 

252:100-8-31 for the PSD 

program.

The Oklahoma NNSR program 

incorporates by reference the 

definition of “necessary 

preconstruction approvals or 

permits” at 40 CFR 

51.165(a)(1) as it exists on 

July 1, 2010.

OAC 252:100-8-1.1 Definitions.

SIP-Approved by EPA on November 

26, 2010.

"New Source Performance 

Standards" or "NSPS" means those 

standards found in 40 CFR Part 60.

Revisions effective June 15, 2006; 

Submitted July 16, 2010.

"New Source Performance 

Standards" or "NSPS" means those 

standards found in 40 CFR Part 60.

Deletion is approvable. The 

SIP approved definition has 

been moved to OAC 252:100-

1-3 because the definition is 

germane to the Oklahoma SIP.

OAC 252:100-8-1.1 Definitions.

SIP-Approved by EPA on November 

26, 2010.

"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.

Revisions effective June 15, 2006; 

Submitted July 16, 2010.

"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.

Deletion is approvable. The 

SIP approved definition has 

been moved to OAC 252:100-

1-3 because the definition is 

germane to the Oklahoma SIP.

OAC 252:100-8-1.1 Definitions.

SIP-Approved by EPA on November 

26, 2010.

"Part 70 program" means a program 

approved by the Administrator under 

40 CFR Part 70.

Revisions effective June 15, 2006; 

Submitted July 16, 2010.

"Part 70 program" means a program 

approved by the Administrator under 

40 CFR Part 70.

Deletion is approvable. The 

SIP approved definition has 

been moved to OAC 252:100-

1-3 because the definition is 

germane to the Oklahoma SIP.

OAC 252:100-8-1.1 Definitions.

SIP-Approved by EPA on November 

26, 2010.

"Part 70 source" means any source 

subject to the permitting requirements 

of Part 5 of this Subchapter, as 

provided in OAC 252:100-8-3(a) and 

(b).

Revisions effective June 15, 2006; 

Submitted July 16, 2010.

"Part 70 source" means any source 

subject to the permitting requirements 

of Part 5 of this Subchapter, as 

provided in OAC 252:100-8-3(a) and 

(b).

Deletion is approvable. The 

SIP approved definition has 

been moved to OAC 252:100-

1-3 because the definition is 

germane to the Oklahoma SIP.

OAC 252:100-8-1.1 Definitions.

SIP-Approved by EPA on November 

26, 2010.

"Potential to emit" means, for 

purposes of Parts 7 and 9 of this 

Subchapter, 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 

Revisions effective June 15, 2006; 

Submitted July 16, 2010.

"Potential to emit" means, for 

purposes of Parts 7 and 9 of this 

Subchapter, 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 

Deletion is approvable. The 

ODEQ has adopted a general 

definition of “potential to 

emit” at OAC 252:100-1-3 that 

is germane to the Oklahoma 

SIP. The ODEQ has also 

adopted a definition of 

“potential to emit” at OAC 

252:100-8-31 specific to PSD. 

The Oklahoma SIP also 

includes a definition of 

“potential to emit” for part 70 

sources at OAC 252:100-8-2.

The Oklahoma NNSR program 

incorporates by reference the 
132

Table 16: Evaluation of OAC 252:100-8-1.1 EPA’s Evaluation

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.

effect it would have on emissions is 

enforceable. Secondary emissions do 

not count in determining the potential 

to emit of a source.

definition of “potential to 

emit” at 40 CFR 51.165(a)(1) 

as it exists on July 1, 2010.

OAC 252:100-8-1.1 Definitions.

SIP-Approved by EPA on November 26, 2010.

"Secondary emissions" means, for purposes of Parts 7 and 9 of this 

Subchapter, emissions which occur as a result of the construction or operation 

of a major stationary source or modification, but do not come from the source 

or modification itself. Secondary emissions must be specific, well defined, 

quantifiable, and impact the same general areas as the source or modification 

which causes the secondary emissions. Secondary emissions may include, but 

are not limited to:

(A) emissions from trains coming to or from the new or modified stationary 

source; and,

(B) emissions from any offsite support facility which would not otherwise be 

constructed or increase its emissions as a result of the construction or operation 

of the major source or modification.

No change submitted. 

Language provided for 

context.

OAC 252:100-8-1.1 Definitions.

SIP-Approved by EPA on November 26, 2010.

"Stack" means for purposes of OAC 252:100-8-1.5 any point in a source 

designed to emit solids, liquids or gases into the air, including a pipe or duct but 

not including flares.

No change submitted. 

Language provided for 

context.

OAC 252:100-8-1.1 Definitions.

SIP-Approved by EPA on November 

26, 2010.

"Stationary source" means, for 

purposes of Parts 7 and 9 of this 

Subchapter, any building, structure, 

facility or installation which emits or 

may emit any air pollutant subject to 

OAC 252:100.

Revisions effective June 15, 2006; 

Submitted July 16, 2010.

"Stationary source" means, for 

purposes of Parts 7 and 9 of this 

Subchapter, any building, structure, 

facility or installation which emits or 

may emit any air pollutant subject to 

OAC 252:100.

Deletion is approvable. The 

ODEQ has adopted a general 

definition of “Stationary 

source” at OAC 252:100-1-3 

that will apply to the entire 

SIP. The Oklahoma SIP 

includes a definition of 

“stationary source” specific to 

par t70 permits. The ODEQ 

has also adopted and submitted 

a definition of “stationary 

source” at OAC 252:100-8-31 

specific to PSD.

New definition effective June 15, 2006; Submitted July 16, 2010

“Visibility impairment” means any humanly perceptible reduction in visibility 

(light extinction, visual range, contrast, and coloration) from that which would 

have existed under natural conditions.

This new definition is 

approvable. The ODEQ is 

moving the SIP-approved 

definition of “visibility 

impairment” from OAC 

252:100-8-31 to this location 

at OAC 252:100-8-1.1. The 

definition is not revised 

substantively.
133

3. Evaluation of OAC 252:100-8-1.2. General Information.

Background of OAC 252:100-8-1.2 General Information.

• The Oklahoma SIP includes OAC 252:100-8-1, as adopted by the ODEQ on June 15, 

1998, effective June 25, 1998. EPA approved this provision on November 26, 2010. See 

75 FR 72695.

No revisions have been submitted to OAC 252:100-8-1.2. The following information is for 

reference only.

Table 17: Evaluation of OAC 252:100-8-1.2

OAC 252:100-8-1.2. General Information.

SIP-Approved by EPA on November 26, 2010.

(a) Permit categories. Two types of construction and operating permits are available: general permit and 

individual permit.

1. General permit.

(A). A general permit may be issued for an industry if there are a sufficient number of facilities that 

have the same or substantially similar operations, emissions and activities which are subject to the 

same standards, limitations and operating and monitoring requirements.

(B). Facilities may be eligible for authorization under a general permit if the following criteria are met:

(i). The facility has actual emissions of 100 tpy or more of any one regulated air pollutant 

emitted and/or is a Part 70 source.

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

2. Individual permit. Facilities requiring permits under this Subchapter that do not qualify for a general 

permit shall obtain individual permits. An owner or operator may apply for an individual permit even if 

the facility qualifies for a general permit.

OAC 252:100-8-1.2. General Information.

SIP-Approved by EPA on November 26, 2010.

(b) Applicability determination. Any person may submit a request in writing that the DEQ make a 

determination as to whether a particular source or installation, which that person operates or proposes to 

operate, is subject to the permit requirements of this Subchapter. The request must contain sufficient 

information for the DEQ to make the requested determination and the required fee. The DEQ may request 

any additional information that it needs for purposes of making the determination.
134

4. Evaluation of OAC 252:100-8-1.3. Duty to Comply.

Background of OAC 252:100-8-1.3 Duty to Comply.

• The Oklahoma SIP includes OAC 252:100-8-1.3, as adopted by the ODEQ on June 15, 

1998, effective June 25, 1998. EPA approved this provision on November 26, 2010. See 

75 FR 72695.

No revisions have been submitted to OAC 252:100-8-1.3. The following information is provided 

for reference only.

Table 18: Evaluation of OAC 252:100-8-1.3

OAC 252:100-8-1.3. Duty to Comply.

SIP-Approved by EPA on November 26, 2010.

(a) An owner or operator who applies for a permit or authorization, upon notification of coverage, shall be 

bound by the terms and conditions therein.

OAC 252:100-8-1.3. Duty to Comply.

SIP-Approved by EPA on November 26, 2010.

(b) An owner or operator who violates any condition of a permit or authorization is subject to enforcement 

under the Oklahoma Clean Air Act.
135

5. Evaluation of OAC 252:100-8-1.4. Cancellation or extension of a construction permit or 

authorization under a general construction permit.

Background of OAC 252:100-8-1.4 Cancellation or extension of a construction permit or 

authorization under a general construction permit.

• The Oklahoma SIP includes OAC 252:100-8-1.4, as adopted by the ODEQ on May 15, 

2001, effective June 1, 2001. EPA approved this provision on November 26, 2010. See 

75 FR 72695.

No revisions have been submitted to OAC 252:100-8-1.4. The following information is provided 

for reference only.

Table 19: Evaluation of OAC 252:100-8-1.4

OAC 252:100-8-1.4. Cancellation or Extension of a Construction Permit or Authorization under a General 

Construction Permit.

SIP-Approved by EPA on November 26, 2010.

(a) Cancellation of permit or authorization to construct or modify. A duly issued permit or authorization to 

construct or modify will terminate and become null and void (unless extended as provided in Subsection (b) 

of this Section) if the construction is not commenced within 18 months after the date the permit or 

authorization was issued, or if work is suspended for more than 18 months after it has commenced.

OAC 252:100-8-1.4. Cancellation or Extension of a Construction Permit or Authorization under a General 

Construction Permit.

SIP-Approved by EPA on November 26, 2010.

(b) Extension of permit or authorization to construct or modify.

1. Prior to the expiration date of the permit or authorization, a permittee may apply for extension of the 

permit or authorization by written request of the DEQ stating the reasons for the delay or suspension 

and providing justification for the extension. The DEQ may grant:

(A). One extension of 18 months or less, or

(B). One extension of up to 36 months where the applicant is proposing to expand an already existing 

facility to accommodate the proposed new construction or the applicant has expended a significant 

amount of money (1% of total project cost as identified in the original application, not including 

land cost) in preparation for meeting the definition of "commence construction" at the proposed 

site, or

(C). One extension of up to 72 months will be granted to major industrial facilities (project cost greater 

than $100,000,000.00), where the applicant proposes to construct at an existing site and 

demonstrates that the existing site was originally designed and constructed to accommodate the 

proposed new facilities. The applicant shall show a commitment to the site by having purchased 

land necessary to construct facilities covered by this extension and expended $1,000,000.00 or 

more on engineering and/or site development.

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

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

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

commence.

3. Upon formal request of any applicant whose permit has been denied for lack of increment, the DEQ 

may require any permittee under OAC 252:100:8-1.4(b)(1)(B) or (C), to furnish a complete air quality 

analysis and/or an appropriate available control technology review if such review is required in order to 

provide new or current information.
136

6. Evaluation of OAC 252:100-8-1.5. Stack height limitations.

Background of OAC 252:100-8-1.5 Stack Height Limitations.

• The Oklahoma SIP includes OAC 252:100-8-1.5, as adopted by the ODEQ on May 15, 

2001, effective June 1, 2001. EPA approved this provision on November 26, 2010. See 

75 FR 72695.

No revisions have been submitted to OAC 252:100-8-1.5. The following information is provided 

for reference.

Table 20: Evaluation of OAC 252:100-8-1.5

OAC 252:100-8-1.5. Stack Height Limitations.

SIP-Approved by EPA on November 26, 2010.

(a) Stack height exclusion. Air quality modeling or ambient impact evaluation shall exclude the effect of that 

portion of the height of any stack which exceeds good engineering practice or the effect of any other 

dispersion techniques.

OAC 252:100-8-1.5. Stack Height Limitations.

SIP-Approved by EPA on November 26, 2010.

(b) Determination of good engineering practice (GEP) stack height. GEP stack height shall be the greater 

of:

1. 65 meters, measured from the ground-level elevation at the base of the stack; or

2. The height under either OAC 252:100-8-1.5(b)(2)(A) or (B):

(A). for stacks in existence on January 12, 1979 and for which the owner or operator had obtained all 

applicable permits or approvals required under OAC 252:100-8 or 40 CFR Part 52, Hg = 2.5H, 

provided the owner or operator can demonstrate that this equation was relied upon in establishing 

an emission limitation;

(B). for all other stacks, Hg = H + 1.5L, where:

(i) Hg = good engineering practice stack height, measured from the ground-level elevation at the 

base of the stack,

(ii) H = height of nearby structure(s) measured from the ground-level elevation at the base of the 

stack,

(iii) L = lesser dimension (height or projected width) of nearby structure(s), 

provided that the owner or operator may be required to verify such GEP stack height by the use of 

a field study or fluid model as the Executive Director shall determine; or

3. The height demonstrated by a fluid model or a field study approved by the reviewing agency, which 

ensures that the emissions from a stack do not result in excessive concentrations of any air pollutant as a 

result of atmospheric downwash, wakes, or eddy effects created by the source itself, nearby structures, 

or nearby terrain features.

OAC 252:100-8-1.5. Stack Height Limitations.

SIP-Approved by EPA on November 26, 2010.

(c) Nearby.

1. For the formulae in OAC 252:100-8-1.5(b)(2). A structure or terrain feature shall be considered 

nearby if it is located within a distance of up to five times the lesser of the height or the width of a 

structure, but not more than 0.5 miles (0.8 km).

2. For demonstration in OAC 252:100-8-1.5(b)(3).

(A). A structure or terrain feature shall be considered nearby if located at a distance not greater than 0.5 

mile (0.8 km), except that

(B). A portion of a terrain feature may be considered nearby if:

(i) It falls within a distance (not to exceed 2 miles) of up to 10 times the maximum height (Ht) of 

the feature, and

(ii) At a distance of 0.5 mile, the height of such feature is at least 40 percent of the GEP stack 

height determined by the formulae provided in OAC 252:100-8-1.5(b)(2)(B) or 85.3 feet (26 

meters), whichever is greater, as measured from the base of the stack.
137

Table 20: Evaluation of OAC 252:100-8-1.5

3. Measurement of height of structure or terrain. The height of the structure or terrain feature is 

measured from the ground-level elevation at the base of the stack.

OAC 252:100-8-1.5. Stack Height Limitations.

SIP-Approved by EPA on November 26, 2010.

(d) Excessive concentrations. When utilized for the purpose of determining GEP stack height under OAC 

252:100-8-1.5(b)(3), excessive concentrations shall be as follows:

1. For sources seeking credit for stack height exceeding that calculated under OAC 252:100-8-1.5(b)(2), a 

maximum ground-level pollutant concentration from a stack due in whole or part to downwash, wakes, 

and eddy effects produced by nearby structures or nearby terrain features which is at least 40 percent in 

excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy 

effects and which, when combined with the impacts due to all sources, produces a concentration in 

excess of an ambient air quality standard. For sources subject to the prevention of significant 

deterioration program (Part 7 of this Subchapter or Federal 40 CFR 52.21), the same criteria apply 

except that a concurrent exceedance of a prevention of significant deterioration increment is 

experienced. In making demonstrations under this part, the allowable emission rate shall conform to the 

new source performance standard that is applicable to the source category unless the owner or operator 

can demonstrate that this emission rate is infeasible. Where such demonstrations are approved by the 

Director, an alternative emission rate shall be established in consultation with the owner or operator;

2. For sources seeking credit after October l, 1983, for increases in existing stack heights up to the heights 

established under OAC 252:100-8-1.5(b)(2) either:

(A). a maximum ground-level concentration due in whole or part to downwash, wakes or eddy effects as 

specified in OAC 252:100-8-1.5(b)(2), except that the emission rate specified by any applicable 

state implementation plan (or, in the absence of such a limit, the actual emission rate) shall be used, 

or

(B). the actual presence of a local nuisance caused by the existing stack, as determined by the Director; 

and

3. For sources seeking credit after January 12, 1979 for a stack height determined under OAC 252:100-8-

1.5(b)(2) where the Director requires the use of a field study or fluid model to verify GEP stack height, 

for sources seeking stack height credit after November 9, 1984 based on the aerodynamic influence of 

cooling towers, and for sources seeking stack height credit after December 31, 1970 based on the 

aerodynamic influence of structures not adequately represented by the formulae in OAC 252:100-8-

1.5(b)(2), a maximum ground-level concentration due in whole or part to downwash, wakes or eddy 

effects that is at least 40 percent in excess of the maximum concentration experienced in the absence of 

such downwash, wakes or eddy effects.
138

D. Evaluation of Prevention of Significant Deterioration Permit Program 

Revisions

OAC 252:100, Part 7 PSD Requirements for Attainment Areas

This section analyses the changes submitted to the Oklahoma Prevention of Significant 

Deterioration Permitting Program under OAC 252:100, Subchapter 8, Part 7. This section will 

evaluate the following revised portions of the Oklahoma PSD program at OAC 252:100, 

Subchapter 8, Part 7: 

Part 7 – Prevention of Significant Deterioration (PSD) Requirements for Attainment Areas

1. OAC 252:100-8-30 Applicability

2. OAC 252:100-8-31 Definitions

3. OAC 252:100-8-32 Source Applicability Determination

4. OAC 252:100-8-32.1 Ambient Air Increments and Ceilings

5. OAC 252:100-8-32.2 Exclusion from Increment Consumption

6. OAC 252:100-8-32.3 Stack Heights

7. OAC 252:100-8-33 Exemptions

8. OAC 252:100-8-34 Control Technology Review

9. OAC 252:100-8-35 Air Quality Impact Evaluation

10. OAC 252:100-8-35.1 Source Information

11. OAC 252:100-8-35.2 Additional Impact Analyses

12. OAC 252:100-8-36 Source Impacting Class I Areas

13. OAC 252:100-8-36.1 Public Participation

14. OAC 252:100-8-36.2 Source Obligation

15. OAC 252:100-8-37 Innovative Control Technology

16. OAC 252:100-8-38 Actuals PAL

17. OAC 252:100-8-39 Severability

EPA’s evaluation of each revised provision of the Oklahoma PSD Program includes the 

following sections:

• Background. This section includes a chronology of the current SIP and each amendment 

that was submitted to EPA for SIP approval. This section also defines the proposed action 

EPA is reviewing.

• Evaluation Matrix. This section includes a table which sets forth the text of each 

submitted SIP amendment, and an annotation of the changes of each SIP amendment. 

Standard editing conventions will be used such that new text is underlined and deleted 

text is struck out. The right hand column of each matrix will include EPA’s evaluation of 

the submitted amendments.

• Additional Comments. When necessary, this section will include additional comments 

related to EPA’s evaluation of the provision, including any extended comments related to 

information in the right hand column of the applicable evaluation matrix.

The end of this section will include a table with the current language being proposed for approval 

into the Oklahoma SIP for PSD permitting.
139

1. Evaluation of OAC 252:100-8-30. Applicability.

Background of OAC 252:100-8-30. Applicability.

• The Oklahoma SIP includes OAC 252:100-8-30, as adopted by the ODEQ on June 15, 1998, effective on June 25, 1998. EPA 

approved this provision on November 26, 2010. See 75 FR 72695.

• ODEQ has submitted two revisions to the Applicability provisions for PSD.

o Revisions effective June 15, 2006; submitted July 16, 2010, and

o Revisions effective July 1, 2009; submitted June 24, 2010.

The following table includes EPA’s evaluation of the revisions to OAC 252:100-8-30.

Table 21: Evaluation of OAC 252:100-8-30 EPA’s Evaluation

OAC 252:100-8-30. Permit Review by EPA and Affected 

States.

SIP-Approved by EPA on November 26, 2010.

The new source requirements of this Part, in addition to 

the requirements of Parts 1, 3, and 5 of this Subchapter, 

shall apply to the construction of all major stationary 

sources and major modifications as specified in 

252:100-8-31 through 252:100-8-33. Sources subject to 

this Part are also subject to the operating permit 

provisions contained in Part 5 of 252:100-8.

Revisions effective June 15, 2006; Submitted July 16, 

2010.

a) General applicability. 

1) The requirements of this Part shall apply to the 

construction of any new major stationary source 

or any project that is a major modification at an 

existing major stationary source in an area 

designated as attainment or unclassifiable under 

sections 107(d)(1)(A)ii) or (iii) of the Act.

The new source requirements of this Part, in addition to 

the requirements of Parts 1, 3, and 5 of this Subchapter, 

shall apply to the construction of all major stationary 

sources and major modifications as specified in 

252:100-8-31 through 252:100-8-33. Sources subject to 

this Part are also subject to the operating permit 

provisions contained in Part 5 of 252:100-8.

The revisions to the Oklahoma PSD 

program applicability at OAC 252:100-

8-30(a)(1) are consistent with the 

federal PSD requirements at 40 CFR 

51.166(a)(7)(i). The revisions effective 

June 15, 2006 and submitted July 16, 

2010, are approvable.

Revisions effective June 15, 2006; Submitted July 16, 2010.

(a) General applicability (cont.)

The revisions to the Oklahoma PSD 

program applicability at OAC 252:100-

8-30(a)(2) are consistent with the 

federal PSD requirements at 40 CFR 
140

Table 21: Evaluation of OAC 252:100-8-30 EPA’s Evaluation

2) The requirements of OAC 252:100-8-34 through 252:100-8-36.2 apply to the construction of any new major 

stationary source or the major modification of any existing major stationary source, except as this Part 

otherwise provides.

51.166(a)(7)(ii). The revisions effective 

June 15, 2006 and submitted July 16, 

2010, are approvable.

Revisions effective June 15, 2006; Submitted July 16, 2010.

(a) General applicability (cont.)

3) No new major stationary source or major modification to which the requirements of OAC 252:100-8-34 

through 252:100-8-36.2(b) apply shall begin actual construction without a permit that states that the major 

stationary source or major modification will meet those requirements.

The revisions to the Oklahoma PSD 

program applicability at OAC 252:100-

8-30(a)(3) are consistent with the 

federal PSD requirements at 40 CFR 

51.166(a)(7)(iii). The revisions 

effective June 15, 2006 and submitted 

July 16, 2010, are approvable.

Revisions effective June 15, 2006; Submitted July 16, 2010.

(a) General applicability (cont.)

4) The requirements of OAC 252:100-8, Parts 1, 3, and 5 also apply to the construction of all new major 

stationary sources and major modifications

This new provision means that the 

requirements under the Subchapter 8 –

Permits for Part 70 Sources and Major 

New Source Review, Part 1General 

Provisions, Part 3 Permit Application 

Fees, and Part 5 Permits for Part 70 

Sources, will apply to all PSD permit 

applications and permits for new major 

stationary sources and major 

modifications. OAC 252:100-8 Part 1 

includes general provisions applicable 

to all Part 70 sources – this include a 

purpose, definitions, duty to comply 

provisions, provisions for the 

cancellation or extension of a 

construction permit or authorization 

under a general construction permit, 

and stack height limitations. OAC 

252:100 Part 3 provides general 

provisions for Permit Application fees. 

OAC 252:100 Part 5 provides the 

requirements for Permits for Part 70 

Sources. Because a new major PSD 

source or a major PSD modification 
141

Table 21: Evaluation of OAC 252:100-8-30 EPA’s Evaluation

will also be an applicable requirement 

under Part 70 permitting, it is 

appropriate that the general provisions 

for Part 70 sources that also apply to 

the PSD program should be part of the 

Oklahoma SIP. This revision is 

approvable.

Revisions effective June 15, 2006; Submitted July 16, 2010.

b) Major modification.

1) Major modification applicability determination.

A. Except as otherwise provided in OAC 252:100-8-30(c), and consistent with the definition of "major 

modification", a project is a major modification for a regulated NSR pollutant if it causes two types of 

emissions increases:

i. a significant emissions increase and 

ii. a significant net emissions increase.

B. The project is not a major modification if it does not cause a significant emissions increase. If the project 

causes a significant emissions increase, then the project is a major modification only if it also results in a 

significant net emissions increase.

The revisions to the Oklahoma PSD 

program applicability at OAC 252:100-

8-30(b)(1) are consistent with the 

federal PSD requirements at 40 CFR 

51.166(a)(7)(iv)(a). The revisions 

effective June 15, 2006 and submitted 

July 16, 2010 are approvable.

Revisions effective June 15, 2006; Submitted July 16, 2010.

(b) Major modification (cont.)

2) Calculating significant emissions increase and significant net emissions increase before beginning 

actual construction. The procedure for calculating whether a significant emissions increase will occur 

depends upon the type of emissions units being modified, according to OAC 252:100-8-30(b)(3) through 

(5). This is the first step in determining if a proposed modification would be considered a major 

modification. The procedure for calculating whether a significant net emissions increase will occur at the 

major stationary source is contained in the definition of “net emissions increase”. This is the second step in 

the process of determining if a proposed modification is a major modification. Both steps occur prior to the 

beginning of actual construction. Regardless of any such preconstruction projections, a major modification 

results if the project causes a significant emissions increase and a significant net emissions increase.

The revisions to the Oklahoma PSD 

program applicability at OAC 252:100-

8-30(b)(3) are consistent with the 

federal PSD requirements at 40 CFR 

51.166(a)(7)(iv)(b). The revisions 

effective June 15, 2006 and submitted 

July 16, 2010 are approvable.

Revisions effective June 15, 2006; Submitted July 16, 2010.

(b) Major modification (cont.)

3) Actual-to-projected-actual applicability test for projects that only involve existing emissions units. A 

significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the 

difference between the projected actual emissions and the baseline actual emissions for each existing 

emissions unit, equals or exceeds the amount that is significant for that pollutant.

The revisions to the Oklahoma PSD 

program applicability at OAC 252:100-

8-30(b)(3) are consistent with the 

federal PSD requirements at 40 CFR 

51.166(a)(7)(iv)(c). The revisions 

effective June 15, 2006 and submitted 

July 16, 2010 are approvable.
142

Table 21: Evaluation of OAC 252:100-8-30 EPA’s Evaluation

Revisions effective June 15, 2006; Submitted July 16, 2010.

(b) Major modification (cont.)

4) Actual-to-potential test for projects that only involve construction of a new emissions unit(s). A 

significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the 

difference between the potential to emit from each new emissions unit following completion of the project 

and the baseline actual emissions of these units before the project equals or exceeds the amount that is 

significant for that pollutant.

The revisions to the Oklahoma PSD 

program applicability at OAC 252:100-

8-30(b)(4) are consistent with the 

federal PSD requirements at 40 CFR 

51.166(a)(7)(iv)(d). The revisions 

effective June 15, 2006 and submitted 

July 16, 2010 are approvable.

Revisions effective June 15, 2006; Submitted July 16, 

2010.

(b) Major modification (cont.)

5) Hybrid test for projects that involve multiple 

types of emissions units. A significant 

emissions increase of a regulated NSR pollutant 

is projected to occur if the sum of the emissions 

increases for each emissions unit, using the 

method specified in OAC 252:100-8-30(b)(3) 

or (4) as applicable with respect to each 

emissions unit, for each type of emissions unit 

equals or exceeds the amount that is significant 

for that pollutant. For example, if a project 

involves both an existing emissions unit and a 

new emissions unit, the projected increase is 

determine by summing the values deterred 

using the method specified in OAC 252:100-8-

30(b)(3) for the existing unit and determined 

using the method specified in 252:100-8-

30(b)(4) for the new emissions unit.

Revisions effective July 1, 2009; Submitted June 24, 

2010.

(b) Major modification (cont.)

5) Hybrid test for projects that involve multiple 

types of emissions units. A significant 

emissions increase of a regulated NSR pollutant 

is projected to occur if the sum of the emissions 

increases for each emissions unit, using the 

method specified in OAC 252:100-8-30(b)(3) 

or (4) as applicable with respect to each 

emissions unit, for each type of emissions unit 

equals or exceeds the amount that is significant 

for that pollutant. For example, if a project 

involves both an existing emissions unit and a 

new emissions unit, the projected increase is 

determine by summing the values deterred 

using the method specified in OAC 252:100-8-

30(b)(3) for the existing unit and determined 

using the method specified in 252:100-8-

30(b)(4) for the new emissions unit.

The revisions to the Oklahoma PSD 

program applicability at OAC 252:100-

8-30(b)(5) are consistent with the 

federal PSD requirements at 40 CFR 

51.166(a)(7)(iv)(f). The revisions 

effective June 15, 2006 and July 1, 

2009, submitted July 16, 2010 and June 

24, 2010, respectively, are approvable.

Revisions effective June 15, 2

006; Submitted July 16, 2010.

(b) Major modification (cont.)

6) Actual-to-potential test for projects that only involve existing emissions units. In lieu of using the 

actual-to-projected actual test, owners or operators may choose to use the actual-to-potential test to 

determine if a significant emissions increase of a regulated NSR pollutant will result from a proposed 

project. A significant emissions increase of a regulated NSR pollutant will occur if the sum of the 

difference between the potential emissions and the baseline actual emissions for each existing emissions 

unit, equals or exceeds the amount that is significant for that pollutant. Owners or operators who use the 

actual to potential test will not be subject to the recordkeeping requirements in OAC 252:100-8-36.2(c).

The actual-to-potential test for projects 

involving only existing emissions units 

is offered in lieu of the actual-toprojected actual test. If using the 

actual-to-potential test of existing units, 

there are no recordkeeping 

requirements. This provision is 

approvable as consistent with EPA’s 

final NSR Reform Rule. See the 

discussion in the December 31, 2002, 
143

Table 21: Evaluation of OAC 252:100-8-30 EPA’s Evaluation

NSR Reform preamble at 67 FR 

80186, 80194.

Revisions effective June 15, 2006; Submitted July 16, 2010.

(c) Plantwide Applicability Limit (PAL). Major stationary sources seeking to obtain or maintain a PAL shall 

comply with the requirements of OAC 252:100-8-38.

The revisions to the Oklahoma PSD 

program applicability at OAC 252:100-

8-30(c) are consistent with the federal 

PSD requirements at 40 CFR 

51.166(a)(v). The revisions effective 

June 15, 2006 and submitted July 16, 

2010 are approvable.

The new and revised PSD applicability revisions at OAC 252:100-8-30 are consistent with federal PSD requirements. These revisions 

are approvable.
144

2. Evaluation of OAC 252:100-8-31. Definitions.

Background of OAC 252:100-8-31. Definitions.

• The Oklahoma SIP includes OAC 252:100-8-31, as adopted by the ODEQ on May15, 2001, effective on June 1, 2001. EPA 

approved this provision on November 26, 2010. See 75 FR 72695. EPA has also approved revisions to the definitions of 

“Major Stationary Source,” “Regulated NSR Pollutant,” and “Significant” as submitted on June 24, 2010.

• ODEQ has submitted four revisions to the PSD Definitions.

o Revisions effective June 15, 2006; submitted July 16, 2010;

o Revisions effective July 1, 2009; submitted June 24, 2010;

o Revisions effective July 1, 2011; submitted February 6, 2012; and

o Revisions effective July 1, 2012; submitted January 18, 2013.

The following table includes EPA’s evaluation of the revisions to OAC 252:100-8-31.

Table 22: Evaluation of OAC 252:100-8-31 EPA’s Evaluation

OAC 252:100-8-31. Definitions.

SIP-Approved by EPA on November 

26, 2010.

The following words and terms when 

used in this Part shall have the 

following meaning, unless the context 

clearly indicates otherwise:

Revisions effective June 15, 2006; 

Submitted July 16, 2010.

The following words and terms when 

used in this Part shall have the 

following meaning, unless the context 

clearly indicates otherwise:. All terms 

used in this Part that are not defined in 

this Subsection shall have the meaning 

given to them in OAC 252:100-1-3, 

252:100-8-1.1, or in the Oklahoma 

Clean Air Act.

Revisions effective July 1, 2009; 

Submitted June 24, 2010

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 Subsection 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.

The revisions to the 

introduction to the PSD specific 

definitions at OAC 252:100-8-

31 are approvable. This section 

identifies where applicable 

definitions are located in the 

Oklahoma SIP.

OAC 252:100-8-31. Definitions.

SIP-Approved by EPA on November 26, 2010.

“Actual emission” means the actual rate of emissions of a 

pollutant from an emissions unit, as determined in 

accordance with the following:

A. In general, actual emissions as of a particular date 

shall equal the average rate in tons per year at 

which the unit actually emitted the pollutant during 

a two-year period which precedes the particular 

date and which is representative of normal source 

Revisions effective June 15, 2006; Submitted July 16, 2010.

“Actual emissions emission” 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 

emission 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. the following:

Revisions effective June 15, 

2006, submitted July 16, 2010 

are approvable. 

The revisions to the PSD 

definition of “Actual 

Emissions” at OAC 252:110-8-

31 are consistent with federal 

requirements at 40 CFR 

51.166(b)(21).
145

Table 22: Evaluation of OAC 252:100-8-31 EPA’s Evaluation

operation. The reviewing authority may 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. Actual 

emissions may also be determined by source tests, 

or by best engineering judgment in the absence of

acceptable test data.

B. The reviewing authority may presume that sourcespecific allowable emissions for the unit are 

equivalent to the actual emissions of the unit.

C. For any emissions unit which has not begun normal 

operations on the particular date, actual emissions 

shall equal the potential to emit of the unit on that 

date.

A. In general, actual emissions as of a particular date 

shall equal the average rate in TPY tons per year at 

which the unit actually emitted the pollutant during 

a consecutive 24-month period two-year period 

which precedes the particular date and which is 

representative of normal source operation. The

Director shall reviewing authority may 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. Actual 

emissions may also be determined by source tests, 

or by best engineering judgment in the absence of 

acceptable test data.

B. The Director reviewing authority 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 which has not begun 

normal operations on the particular date, actual 

emissions shall equal the potential to emit of the 

unit on that date.

OAC 252:100-8-31. Definitions.

SIP-Approved by EPA on November 26, 2010.

“Adverse impact on visibility” means visibility 

impairment which interferes with the management, 

protection, preservation or enjoyment of the visitor's visual 

experience of the Federal Class I area. This determination 

must be made by the DEQ on a case-by-case basis taking 

into account the geographic extent, intensity, duration, 

frequency and time of visibility impairments, and how these 

factors correlate with:

A. times of visitor use of the Federal Class I area; and

B. the frequency and timing of natural conditions that 

reduce visibility.

Revisions effective June 15, 2006; Submitted July 16, 2010.

“Adverse impact on visibility” means visibility 

impairment which interferes with the management, 

protection, preservation or enjoyment of the visitor's visual 

experience of the Federal Class I area. This determination 

must be made by the DEQ on a case-by-case basis taking 

into account the geographic extent, intensity, duration, 

frequency and time of visibility impairments, and how these 

factors correlate with:

A. times of visitor use of the Federal Class I area; and

B. the frequency and timing of natural conditions that 

reduce visibility.

This deletion is approvable. 

The ODEQ moved the existing 

SIP-approved definition to 

OAC 252:100-8-1.1 because it 

applies to Parts 7 (PSD) and 

Part 11 (BART) of the 

Subchapter 8 in the OAC.

New definition effective June 15, 2006; Submitted July 16, 2010. The definition of “allowable 

emissions” at OAC 252:100-8-

31 submitted on July 16, 2010 
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“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.

is identical to federal definition 

at 40 CFR 51.166(b)(16). This 

definition is approvable.

New definition effective June 15, 2006; Submitted July 16, 2010.

“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 emissions 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 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 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. 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.

”Baseline actual emissions” is a 

required definition of a PSD 

program. The definition 

submitted by the ODEQ on 

July 16, 2010, at OAC 

252:100-8-31 is consistent with 

the federal definition at 40 CFR 

51.1669b)(47). This definition 

is approvable. 

The paragraph A provisions of 

OAC 252:100-8-31”Baseline 

Actual emissions” establishes 

the criteria that is used for 

determining which emissions 

data can be used in the 

calculation. This provision is 

necessary to implement the 

definition appropriately in the 

ODEQ PSD program.

The definition of “baseline 

actual emissions” for electric 

utility steam generating units at 

OAC 252:100-8-31 “Baseline 

actual emissions” (B) is 

substantively identical to the 

federal definition at 40 CFR 

51.166(b)(47)(i). This 

definition is approvable.

The definition of “baseline 

actual emissions” for existing 
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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 Part 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,

emissions units other than 

electric utility steam generating 

units at OAC 252:100-8-31 

“Baseline actual emissions” (C) 

is substantively identical to the 

federal definition at 40 CFR 

51.166(b)(47)(ii). This 

definition is approvable.

The definition of “baseline 

actual emissions” for a new 

emissions unit at OAC 

252:100-8-31 “Baseline actual 

emissions” (D) is substantively 

identical to the federal 

definition at 40 CFR 

51.166(b)(47)(iii). This 

definition is approvable.

The definition of “baseline 

actual emissions” for PAL units 

at OAC 252:100-8-31 

“Baseline actual emissions” (E) 

is substantively identical to the 

federal definition at 40 CFR 

51.166(b)(47)(iv). This 

definition is approvable.

OAC 252:100-8-31. 

Definitions.

SIP-Approved by EPA on 

November 26, 2010.

“Baseline area” means any 

areas designated as 

attainment or unclassifiable 

in which the major source or 

major modification 

establishing the minor 

source baseline date would 

Revisions effective June 15, 

2006; Submitted July 16, 

2010.

“Baseline area” means any 

intrastate areas (and every 

part thereof) designated as 

attainment or unclassifiable 

under section 107(d)(1)(D) 

or (E) of the Act in which 

the major source or major 

modification establishing the 

Revisions effective July 1, 

2011; Submitted February 6, 

2012.

“Baseline area” means any 

intrastate areas (and every 

part thereof) designated as 

attainment or unclassifiable 

under section 

107(d)(1)(A)(ii) or (iii) 

107(d)(1)(D) or (E) of the 

Act in which the major 

Revisions effective July 1, 

2012; Submitted January 18, 

2013.

“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 

The revisions to the SIPapproved definition of 

“Baseline area” at OAC 

252:100-8-31 effective on June 

15, 2006; July 1, 2011; and July 

1, 2012 are approvable. The 

definition as revised updates 

the definition of “baseline area” 

to be substantively identical to 

the federal definition at 40 CFR 
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Table 22: Evaluation of OAC 252:100-8-31 EPA’s Evaluation

construct or would have an 

air quality impact equal to or 

greater than 1 μg/m3 (annual 

average) of the pollutant for 

which the minor source 

baseline date is established.

minor source baseline date 

would construct or would 

have an air quality impact 

equal to or greater than 1 

μg/m3 (annual average) of 

the pollutant for which the 

minor source baseline date is 

established.

A. Area redesignations 

under section 

107(d)(1)(D) or (E) 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 which would 

be constructed in 

the same State as 

the State proposing 

the redesignation.

B. Any baseline area 

established originally 

for the TSP increment 

shall remain in effect 

and shall apply for 

purposes of 

determining the amount 

of available PM-10 

increments, except that 

such baseline area shall 

not remain in effect if 

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 Fg/m3 (annual 

average) for SO2, NO2, or 

PM10; or equal to or greater 

than 0.3 Fg/m3 (annual 

average) for PM2.5. of the 

pollutant for which the 

minor source baseline date is 

established.

A. Area redesignations 

under section 

107(d)(1)(A)(ii) or 

(iii) 107(d)(1)(D) 

or (E) 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 which would 

be constructed in 

the same State as 

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 

μg/m3 Fg/m3 (annual 

average) for SO2, NO2, or 

PM10; or equal to or greater 

than 0.3 μg/m3 Fg/m3

(annual average) for PM2.5.

A. Area redesignations 

under section 

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 which would 

be constructed in 

the same State as 

the State proposing 

the redesignation.

B. Any baseline area 

established originally 

for the TSP increment 

shall remain in effect 

and shall apply for 

51.166(b)(15). The revisions to 

“baseline area” are approvable.
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the Director rescinds 

the corresponding 

minor source baseline 

date in accordance with 

paragraph (D) of the 

definition of “baseline 

date”.

the State proposing 

the redesignation.

B. Any baseline area 

established 

originally for the 

TSP increment 

shall remain in 

effect and shall 

apply for purposes 

of determining the 

amount of available 

PM10 PM-10 

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”.

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”.

OAC 252:100-8-31. Definitions.

SIP-Approved by EPA on November 26, 2010.

“Baseline concentration” means that ambient concentration 

level which 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 sources which 

commenced construction before the major source baseline 

Revisions effective June 15, 2006; Submitted July 16, 

2010.

“Baseline concentration” means that ambient 

concentration level that which 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.

The revisions to the SIPapproved definition of 

“baseline concentration” at 

OAC 252:100-8-31 as effective 

on June 15, 2006 are 

approvable. These revisions 

update the definition of 

“baseline concentration” to be 

substantively identical to the 

federal definition at 40 CFR 

51.166(b)(13).
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Table 22: Evaluation of OAC 252:100-8-31 EPA’s Evaluation

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 source on which 

construction commenced after the major source baseline 

date; and,

ii. actual emissions increases and decreases at any source 

occurring after the minor source baseline date.

ii. the allowable emissions of major stationary 

sources that which 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.

OAC 252:100-8-31. Definitions.

SIP-Approved by EPA on November 

26, 2010.

“Baseline date” means:

A. for major sources,

i. in the case of particulate 

matter and sulfur dioxide, 

January 6, 1975, and,

ii. in the case of nitrogen 

dioxide, February 8, 1988; 

and,

B. for minor sources, the earliest date 

after the trigger date on which a 

major 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 and sulfur dioxide, 

August 7, 1977, and

ii. in the case of nitrogen oxides, 

February 8, 1988.

Revisions effective June 15, 2006; 

Submitted July 16, 2010.

“Baseline date” means:

A. Major source baseline date means: 

for major sources,

i. in the case of particulate 

matter and sulfur dioxide, 

January 6, 1975, and,

ii. in the case of nitrogen 

dioxide, February 8, 1988; 

and,

B. Minor source baseline date means 

for minor sources, 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 and sulfur dioxide, 

August 7, 1977, and

ii. in the case of nitrogen dioxide 

oxides, February 8, 1988.

Revisions effective July 1, 2011; 

Submitted February 6, 2012.

“Baseline date” means:

A. Major source baseline date 

means: 

i. in the case of PM10 particulate 

matter 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 PM10 particulate 

matter and sulfur dioxide, 

August 7, 1977; , and

The revisions effective June 15, 

2006 and July 1, 2011 to the 

SIP-approved definition of 

“baseline date” at OAC 

252:100-8-31 are approvable. 

The revisions to OAC 252:100-

8-31 “Baseline Date” (A) 

update the definition to be 

substantively identical to the 

federal definition of “major 

source baseline date” at 40 

CFR 51.166(b)(14)(i).

The revisions to OAC 252:100-

8-31 “Baseline Date” (B) 

update the definition for minor 

source baseline date to be 

substantively identical to the 

federal definition of “minor 

source baseline date” at 40 

CFR 51.166(b)(14)(ii). 

Additionally, the updates to 

OAC 252:100-8-31 “Baseline 
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C. The baseline date is established 

for each pollutant for which 

increments or other equivalent 

measures have been established if:

i. The area in which the proposed 

source or modification would 

construct is designated as 

attainment or unclassifiable 

under section 107(d)(1)(D) or 

(E) 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 PM-10 increments, 

except that the Director may 

rescind any such minor source 

baseline date where wit 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 

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)(1)(A)(ii) 

or (iii) 107(d)(1)(D) or (E) 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 PM-10

increments, except that the 

Director may rescind any such 

minor source baseline date where 

wit can be shown, to the 

satisfaction of the Director, that 

the emissions increase from the 

date” (C) and (D) are consistent 

with the requirements at 40 

CFR 51.166(b)(14)(iii) and (iv) 

for establishing baseline dates.
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result in a significant amount of 

PM-10 emissions.

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

PM-10 emissions.

New definition effective June 15, 2006; Submitted July 16, 2010.

“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.

The new definition of “begin 

actual construction” effective 

on June 15, 2006, is 

approvable. This definition is 

identical to the federal 

definition at 40 CFR 

51.166(b)(11).

New definition effective June 15, 2006; Submitted July 16, 2010.

“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 missions reduction achievable by 

implementation of such design, equipment, work practice or operation, and shall provide for compliance by means which 

achieve equivalent results.

The new definition of “best 

available control technology or 

BACT” effective on June 15, 

2006, is approvable. This 

definition is substantively 

identical to the federal 

definition at 40 CFR 

51.166(b)(12).

New definition effective June 15, 2006; Submitted July 16, 2010.

“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.

The new definition of “clean 

coal technology” effective on 

June 15, 2006, is approvable. 

This definition is identical to 

the federal definition at 40 CFR 

51.166(b)(33).

New definition effective June 15, 2006; Submitted July 16, 2010.

“Clean coal technology demonstration project” means a project using funds appropriate 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.

The new definition of “clean 

coal technology demonstration 

project” effective on June 15, 

2006, is approvable. This 

definition is identical to the 
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Table 22: Evaluation of OAC 252:100-8-31 EPA’s Evaluation

federal definition at 40 CFR 

51.166(b)(34).

New definition effective June 15, 2006; Submitted July 16, 2010.

“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.

The new definition of 

“commence” effective on June 

15, 2006, is approvable. This 

definition is identical to the 

federal definition at 40 CFR 

51.166(b)(9).

OAC 252:100-8-31. Definitions.

SIP-Approved by EPA on November 26, 2010.

“Complete” means, in reference to an application for a permit, 

that the application contains all the information necessary for 

processing the application. Designating an application complete 

for purposes of permit processing does not preclude the reviewing 

authority from requesting or accepting any additional information.

Revisions effective June 15, 2006; Submitted July 16, 

2010.

“Complete” means, in reference to an application for 

a permit, that the application contains all the 

information necessary for processing the application. 

Designating an application complete for purposes of 

permit processing does not preclude the reviewing 

authority from requesting or accepting any additional 

information.

The ODEQ deleted the 

definition of “Complete” from 

the Oklahoma PSD program in 

the July 16, 2010 submittal. 

This SIP-approved definition 

was found to be redundant with 

the general definition of 

“complete” at OAC 252:100-1-

3.

This deletion is approvable.

New definition effective June 15, 2006; Submitted July 16, 2010.

“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.

The new definition of 

“construction” effective on 

June 15, 2006, is approvable. 

This definition is identical to 

the federal definition at 40 CFR 

51.166(b)(8).

New definition effective June 15, 2006; Submitted July 16, 2010.

“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.

The new definition of 

“continuous emissions 

monitoring system or CEMS” 

effective on June 15, 2006, is 

approvable. This definition is 

identical to the federal 

definition at 40 CFR 

51.166(b)(43).

New definition effective June 15, 2006; Submitted July 16, 2010.

“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).

The new definition of 

“continuous emissions rate 

monitoring system or CERMS” 
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Table 22: Evaluation of OAC 252:100-8-31 EPA’s Evaluation

effective on June 15, 2006, is 

approvable. This definition is 

identical to the federal 

definition at 40 CFR 

51.166(b)(46).

New definition effective June 15, 2006; Submitted July 16, 2010.

“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.

The new definition of 

“continuous parameter 

monitoring system or CPMS” 

effective on June 15, 2006, is 

approvable. This definition is 

identical to the federal 

definition at 40 CFR 

51.166(b)(45).

New definition effective June 15, 2006; Submitted July 16, 2010.

“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.

The new definition of “electric 

utility steam generating unit or 

EUSGU” effective on June 15, 

2006, is approvable. This 

definition is identical to the 

federal definition at 40 CFR 

51.166(b)(30).

New definition effective June 15, 2006; Submitted July 16, 2010.

“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.

The new definition of 

“emissions unit” effective on 

June 15, 2006, is approvable. 

This definition is identical to 

the federal definition at 40 CFR 

51.166(b)(7).

OAC 252:100-8-31. Definitions.

SIP-Approved by EPA on November 26, 2010.

“Federal land manager” means the Secretary of the department 

with authority over the Federal Class I area or his representative.

Revisions effective June 15, 2006; Submitted July 16, 

2010.

“Federal Land Manager land manager” means 

with respect to any lands in the United States, the 

Secretary of the department with authority over such 

lands. the Federal Class I area or his representative.

The revisions to the existing 

SIP-approved definition of 

“Federal Land Manager” at 

OAC 252:100-8-31 effective 

June 15, 2006 are approvable. 

These revisions are consistent 

with the federal definition at 40 

CFR 51.166(b)(24).

New definition effective June 15, 2006; Submitted July 16, 2010.

“High terrain” means any area having an elevation 900 feet or more above the base of the stack of a source.

The new definition of “high 

terrain” effective on June 15, 

2006, is approvable. This 
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definition is identical to the 

federal definition at 40 CFR 

51.166(b)(25).

OAC 252:100-8-31. Definitions.

SIP-Approved by EPA on November 26, 2010.

“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.

No changes submitted. 

Language provided for context.

New definition effective June 15, 2006; Submitted July 16, 2010.

“Low terrain” means any area other than high terrain.

The new definition of “low 

terrain” effective on June 15, 

2006, is approvable. This 

definition is identical to the 

federal definition at 40 CFR 

51.166(b)(26).

OAC 252:100-8-31. Definitions.

SIP-Approved by EPA on November 

26, 2010.

“Major modification” means any 

physical change in or change in the 

method of operation of a major source 

that would result in a significant net 

emissions increase of any pollutant 

subject to regulation.

A. Any net emissions increase that is 

significant for volatile organic 

compounds shall be considered 

significant for ozone.

B. A physical change or change in the 

method of operation shall not 

include:

i. routine maintenance, repair 

and replacement.

ii. use of an alternate 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 

Revisions effective June 15, 2006; 

Submitted July 16, 2010.

“Major modification” means: any 

physical change in or change in the 

method of operation of a major source 

that would result in a significant net 

emissions increase of any pollutant 

subject to regulation.

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 net significant emissions 

increase from any emissions 

units or net emissions increase 

at a major stationary source 

that is significant for VOC 

volatile organic compounds

Revisions effective July 1, 2009; 

Submitted June 24, 2010.

“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:

The definition of “major 

modification” at OAC 252:100-

8-31 as revised effective on 

June 15, 2006 and Jul 1, 2009, 

is approvable. This revised 

definition is consistent with the 

federal definition of Major 

Modification at 40 CFR 

51.166(b)(2)(i) – (iv). 

The ODEQ definition of “major 

modification” does not include 

a provision comparable to 40 

CFR 51.166(b)(2)(v) regarding 

fugitive emissions. The 

requirement at 40 CFR 

51.166(b)(2)(v) was 

indefinitely stayed on March 

30, 2011. The Oklahoma PSD 

program continues to require 

that fugitive emissions are 

included for all sources in 

determining a major 

modification. 
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superseding legislation) or by 

reason of a natural gas 

curtailment plan pursuant to 

the Federal Power Act. 

iii. use of an alternate fuel by 

reason of an order or rule 

under Section 125 of the 

Federal Clean Air Act.

iv. use of an alternate fuel at a 

steam generating unit to the 

extent that the fuel is 

generated from municipal 

solid waste.

v. Use of an alternate fuel or raw 

material by a source which:

I. the source was capable of 

accommodating before 

January 6, 1975, unless 

such change would be 

prohibited under any 

enforceable permit 

limitation which was 

established after January 

6, 1975; or,

II. the source is approved to 

use under any permit 

issued under 40 CFR 

52.21 or OAC 252:100-8.

vi. An increase in the hours of 

operation or in the production 

rate, unless such change 

would be prohibited under any 

enforceable permit limitation 

which was established after 

January 6, 1975.

vii. Any change in source 

ownership.

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 

alternate fuel or raw 

material by reason of any 

order under sections 

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 

alternate fuel by reason of 

an order or rule under 

section Section 125 of the 

Federal Clean Air Act;.

IV. use of an alternative 

alternate fuel at a steam 

generating unit to the 

extent that the fuel is 

generated from municipal 

solid waste;.

V. Use of an alternative 

alternate fuel or raw 

material by a stationary 

source which the source 

was capable of 

accommodating before 

January 6, 1975, unless 

such change would be 

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.
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prohibited under any 

enforceable permit 

condition limitation

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 

limitation 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 

VI. An increase in the hours 

of operation or in the 

production rate, unless 

such change would be 

prohibited under any 

federally enforceable

permit condition which 

was established after 

January 6, 1975.

VII. Any change in source 

ownership.

VIII. The installation, 

operation, cessation, or 

removal of a temporary 

clean coal technology 

demonstration project, 

provided the project 

complies with OAC 

252:100 and other 

requirements necessary to 

attain and maintain the 

NAAQS during the 

project and after it is 

terminated.

IX. The installation or 

operation of a permanent 

clean coal technology 

demonstration project that 

constitutes repowering, 

provided that the project 

does not result in an 

increase in the potential to 

emit of any regulated 

pollutant (on a pollutantby-pollutant basis) 

emitted by the unit; or

X. The reactivation of a very 

clean coal-fired EUSGU.
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Table 22: Evaluation of OAC 252:100-8-31 EPA’s Evaluation

constitutes repowering, 

provided that the project 

does not result in an 

increase in the potential to 

emit of any regulated 

pollutant (on a pollutantby-pollutant basis) 

emitted by the unit; or

X. The reactivation of a very 

clean coal-fired EUSGU.

B. This definition shall not 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.

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.

OAC 252:100-8-31. 

Definitions.

SIP-Approved by EPA on 

November 26, 2010.

Major stationary source"

means any source which 

meets any of the following 

conditions:

A. Any of the following 

sources of air pollutants 

which emits, or has the 

potential to emit, 100 

tons per year or more of 

any pollutant subject to 

regulation:

i. carbon black 

plants (furnace 

process),

Revisions effective June 15, 

2006; Submitted July 16, 

2010.

Major stationary source"

means any source which 

meets any of the following 

conditions:

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

tons per year or 

more of a 

regulated NSR 

Revisions effective July 1, 

2009; Submitted June 24, 

2009.

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:

Revisions effective July 1, 

2011; Submitted February 6, 

2012.

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 

Revisions to the definition of 

“major stationary” source at 

OAC 252:100-8-31 effective 

June 15, 2006; June 1, 2009; 

and July 1, 2011 are consistent 

with the federal PSD definition 

of “major stationary source” at 

40 CFR 51.166(b)(1). 

These revisions are approvable.
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ii. charcoal 

production plants,

iii. chemical process 

plants,

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,

xiii. lime plants,

xiv. municipal 

incinerators 

capable of 

charging more 

than 50 tons of 

refuse per day,

any pollutant 

subject to 

regulation:

I. carbon black 

plants 

(furnace 

process),

II. charcoal 

production 

plants,

III. chemical 

process 

plants,

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 fuelfired steam 

electric plants 

of more than 

250 million 

BTU per hour 

heat input,

VIII. fuel 

conversion 

plants,

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 

(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 fuelfired steam 

electric plants 

of more than 

250 million 
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xv. petroleum 

refineries,

xvi. petroleum storage 

and transfer units 

with a total 

storage capacity 

exceeding 

300,000 barrels,

xvii. phosphate rock 

processing plant,

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.

B. Any other source not on 

the list in (A) of this 

definition which emits, 

or has the potential to 

emit, 250 tons per year 

or more of any pollutant 

subject to regulation.

C. Any physical change 

that would occur at a 

source not otherwise 

qualifying as a major 

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 

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 

plant,

XVIII. portland 

cement 

plants,

XIX. primary 

aluminum ore 

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,

XIII. lime plants,

XIV. municipal 

incinerators 

capable of 

charging more 

than 50 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 

plant,

XVIII. portland 

cement plants,

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,

XIII. lime plants,

XIV. municipal 

incinerators 

capable of 

charging 

more than 250 

50 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 
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Table 22: Evaluation of OAC 252:100-8-31 EPA’s Evaluation

source under (A) and 

(B) of this definition if 

the change would 

constitute a major 

source by itself.

D. A major source that is 

major for volatile 

organic compounds 

shall be considered 

major for ozone. 

Paragraph (D) as 

submitted to EPA on 

June 24, 2010 and 

approved by EPA 

November 26, 2010 (75 

FR 72695), page 72704. 

“A major source that is 

major for VOC or NOx 

shall be considered 

major for ozone.”

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 tons per 

year or more of a 

regulated NSR 

any pollutant 

subject to 

regulation.

iii. Any physical 

change that would 

occur at a 

stationary source 

not otherwise 

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.

iii. Any 

physical 

processing 

plant,

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.

iii. Any physical 

change that would 
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Table 22: Evaluation of OAC 252:100-8-31 EPA’s Evaluation

qualifying as a 

major stationary 

source under (A) 

and (B) of this 

definition if the 

change would 

constitute a major 

stationary source 

by itself.

B. A major source that is 

major for volatile 

organic compounds 

shall be considered 

major for ozone. 

Paragraph (D) as 

submitted to EPA on 

June 24, 2010 and 

approved by EPA 

November 26, 2010 (75 

FR 72695), page 72704. 

“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;

change 

that would 

occur at a 

stationary 

source not 

otherwise 

qualifying 

as a major 

stationary 

source 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:

occur at a 

stationary source 

not otherwise 

qualifying as a 

major stationary 

source 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.
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ii. Any other 

stationary source 

category which, as 

of August 7, 1980, 

is being regulated 

under section 111 

or 112 of the Act.

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.

OAC 252:100-8-31. Definitions.

SIP-Approved by EPA on November 26, 2010.

“Natural conditions” mean naturally occurring phenomena 

against which any changes in visibility are measured in terms of 

visual range, contrast or coloration.

Revisions effective June 15, 2006; Submitted July 16, 

2010.

“Natural conditions” mean naturally occurring 

phenomena against which any changes in visibility are 

measured in terms of visual range, contrast or 

coloration.

The ODEQ moved this SIPapproved definition to OAC 

252:100-8-1.1 because it is 

applicable to all permitting 

programs, not just PSD. This 

deletion and move is 

approvable.

New definition effective June 15, 2006; Submitted July 16, 2010.

“Necessary preconstruction approvals or permits” means those permits or approvals required under all applicable air 

quality control laws and rules.

The new definition of 

“necessary preconstruction 

approvals or permits” is 

consistent with the federal PSD 

requirements at 40 CFR 

51.166(b)(10). This definition 

is approvable.

OAC 252:100-8-31. Definitions.

SIP-Approved by EPA on November 26, 2010.

“Net emissions increase” means:

A. The amount by which the sum of the following exceeds zero:

Revisions effective June 15, 2006; Submitted July 16, 

2010.

“Net emissions increase” means:

A. With respect to any regulated NSR pollutant 

emitted by a major stationary source, the The 

The revisions to the existing 

SIP-approved definition of “net 

emissions increase” are 

consistent with the 

requirements at 40 CFR 
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Table 22: Evaluation of OAC 252:100-8-31 EPA’s Evaluation

i. any increase in actual emissions from a particular 

physical change or change in the method of operation 

at a source; and,

ii. any other increases and decreases in actual emissions at 

the source that are contemporaneous with the particular 

change and are otherwise creditable.

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 the Executive Director has not relied on it in issuing a 

permit 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 which 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:

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 at and after the time that actual 

construction on the particular change begins;

iii. 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 emission 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.

amount by which the sum of the following 

exceeds zero:

i. The any increase in actual emissions from 

a particular physical change or change in 

the method of operation at a stationary 

source as calculated pursuant to OAC 

252:100-8-30(b); and,

ii. any other increases and decreases in actual 

emissions at the major stationary source 

that are contemporaneous with the 

particular change and are otherwise 

creditable. Baseline actual emissions for 

calculating increases and decreases under 

(A)(ii) of this definition shall be 

determined as provided in the definition of 

“baseline actual emissions”, except that 

(B)(iii) and (C)(iv) of that definition shall 

not apply.

B. An increase or decrease in actual emissions is 

contemporaneous with the increase from the 

particular change only if it occurs within 3 years 

before the date that the increase from the 

particular change occurs.

C. An increase or decrease in actual emissions is 

creditable only if:

i. It is contemporaneous; and

ii. The Executive 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 which 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.

51.166(b)(3) as follows. These 

revisions are approvable.

The revisions to paragraph “net 

emissions increase” paragraph

(A) are consistent with 40 CFR 

51.166(b)(3)(i).

The revisions to “net emissions 

increase” (A)(i) are consistent 

with 51.166(b)(3)(i)(a).

The revisions to paragraph 

(A)(ii) are consistent with 40 

CFR 51.166(b)(3)(i)(b).

No changes to “net emissions 

increase” paragraph (B).

The revisions to “net emissions 

increase” paragraph (C) are 

consistent with 40 CFR 

51.166(b)(3)(iii). Note that the 

ODEQ has defined the 

reasonable time period as one 

that is contemporaneous.

The Oklahoma PSD program 

does not include revisions 

consistent with 40 CFR 

51.166(b)(3)(iii)(c) because the 

Oklahoma PSD program does 

not include “Clean Units”.

The Oklahoma PSD program 

does not include provisions for 

fugitive emissions consistent 

with 40 CFR 

51.166(b)(3)(iii)(d). The 

provision at 40 CFR 

51.166(b)(3)(iii)(d) was 
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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 emission 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.

indefinitely stayed on March 

30, 2011. As such, it is 

appropriate for the Oklahoma 

PSD program to not include 

this provision at this time.

The revisions to “net emissions 

increase” paragraph (D) are 

non-substantive and consistent 

with 40 CFR 51.166(b)(3)(iv).

No changes to “net emissions 

increase” paragraph (E).

The revisions to “net emissions 

increase” paragraph (F) are 

non-substantive and consistent 

with 40 CFR 51.166(b)(3)(vi).

The revisions to “net emissions 

increase” paragraph (G) are 

non-substantive and consistent 

with 40 CFR 51.166(b)(3)(vii).

New paragraph (H) is 

consistent with the 

requirements at 40 CFR 

51.166(b)(3)(viii).

The new and revised provisions 

for “net emissions increase” are 

consistent with federal 

requirements and therefore 

approvable.

New definition effective June 15, 2006; Submitted July 16, 2010.

“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 

The new definition of 

“potential to emit” effective on 

June 15, 2006 at OAC 252:100-

8-31 is approvable. This 
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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.

definition is consistent with the 

federal requirements at 40 CFR 

51.166(b)(4).

New definition effective June 15, 2006; Submitted July 16, 2010.

“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.

The new definition of 

“predictive emissions 

monitoring system (PEMS)” at 

OAC 252:100-8-31 is 

approvable. This definition is 

consistent with the federal PSD 

definition at 40 CFR 

51.166(b)(44).

New definition effective June 15, 2006; Submitted July 16, 2010.

“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.

The new definition of 

“prevention of significant 

deterioration (PSD) program” 

at OAC 252.100-8-31 is 

approvable. This definition is 

consistent with the federal PSD 

definition at 40 CFR 

51.166(b)(42).

New definition effective June 15, 2006; Submitted July 16, 2010.

“Project” means a physical change in, or change in method of operation of, an existing major stationary source.

The new definition of “project” 

at OAC 252:100-8-31 is 

approvable. This definition is 

consistent with the federal 

definition at 40 CFR 

51.166(b)(51).

New definition effective June 15, 2006; Submitted July 16, 2010.

“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 (l2-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

The new definition of 

“projected actual emissions” at 

OAC 252:100-8-31 is 

approvable. 

This definition is consistent 

with the federal PSD definition 

at 40 CFR 51.166(b)(40).
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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.

New definition effective June 15, 2006; Submitted July 16, 2010.

“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.

The new definition of 

“reactivation of a very clean 

coal-fired electric utility steam 

generating unit” at OAC 

252:100-8-31 is approvable.

This definition is consistent 

with the federal PSD definition 

at 40 CFR 51.166(b)(37).

New definition effective June 15, 2006; Submitted July 16, 2010.

“Regulated NSR pollutant” means :

A. A regulated NSR pollutant is:

i. Any pollutant for which a NAAQS has been 

promulgated and any constituents or precursors for 

such pollutants identified by the Administrator (e.g., 

VOC are precursors for ozone);

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.

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 

Revisions effective July 1, 2011; Submitted February 

6, 2012.

“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 

The definition of “regulated 

NSR pollutant” at OAC 

252:100-8-31 is approvable. 

This definition is consistent 

with the PSD definition at 40 

CFR 51.166(b)(49).

We note that the new 

subparagraph (A)(v) is more 

stringent than the federal 

requirement at 40 CFR 

51.166(b)(49)(i)(a). The federal 

requirement is that PM2.5 and 

PM10 emissions shall include 

gaseous emissions from 

condensables. But the ODEQ 

requirements is that PM2.5, 

PM10, and PM emissions shall 

include condensable emissions.
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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.

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. 

constituents or precursors for such 

pollutants identified by the 

Administrator (e.g., VOC are 

precursors for ozone);

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 

The EPA published a correction 

to this provision on October 25, 

2012, at 77 FR 65107, to 

remove PM from the 

condensables portion of the 

regulated NSR pollutant 

definition.

The provision at “Regulated 

NSR Pollutant” subparagraph 

(B)(ii) states that a regulated 

NSR pollutant does not include 

any pollutant regulated under 

section 112(r) of the Act unless 

such pollutant is otherwise 

regulated under the Act. 

Section 112(r) of the Act 

pertains to Prevention of 

Accidental Releases of the 

substances listed pursuant to 

paragraph (3) of section 112(r). 

This exemption is not provided 

for explicitly in the federal PSD 

provisions. However, because 

this provision applies only until 

such pollutant is not already 

regulated this provision is 

approvable. For example, 

section 112(r) of the Act lists 

sulfur dioxide as a listed 

substance which would be 

exempted from the definition of 

regulated NSR pollutant. But, 

because SO2 is regulated under 

the Act for PSD purposes, it is 

not exempted from the 

definition of Regulated NSR 

pollutant in the Oklahoma PSD 

program.
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establishing emission 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.

New definition effective June 15, 2006; Submitted July 16, 2010.

“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)(l), 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.

The new definition of 

“replacement unit” at OAC 

252:100-8-31 is approvable. 

This definition is consistent 

with the federal PSD 

requirement at 40 CFR 

51.166(b)(32).

New definition effective June 15, 2006; Submitted July 16, 2010.

“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.

The new definition of 

“repowering” at OAC 252:100-

8-31 is approvable. This 

definition is consistent with 

federal PSD definition at 40 

CFR 51.166(b)(36).
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OAC 252:100-8-31. 

Definitions.

SIP-Approved by EPA on 

November 26, 2010.

“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 

rates:

i. carbon 

monoxide: 100 

tons per year 

(tpy),

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 

emissions,

v. Paragraph (v) as 

submitted to 

EPA on June 24, 

2010 and 

approved by 

EPA November 

26, 2010 (75 FR 

72695), page 

72704. ozone: 40 

tpy of VOC or 

NOx,

Revisions effective June 15, 

2006; Submitted July 16, 

2010.

“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 rates:

i. carbon 

monoxide: 100 

TPY tons per 

year (tpy),

ii. nitrogen oxides: 

40 TPY tons per 

year (tpy),

iii. sulfur dioxide: 40 

TPY tons per 

year (tpy),

iv. particulate 

matter: 25 TPY 

tons per year 

(tpy) of 

particulate matter 

emissions or 15 

TPY tons per 

year (tpy)of PM10 emissions,

v. ozone: 40 TPY 

tons per year 

(tpy)of VOC or 

NOx,

vi. lead: 0.6 TPY 

tons per year 

(tpy),

Revisions effective July 1, 

2011; Submitted February 6, 

2012.

“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: 100 

TPY,

ii. nitrogen oxides: 

40 TPY,

iii. sulfur dioxide: 40 

TPY,

iv. particulate 

matter: 25 TPY 

of particulate 

matter emissions 

or 15 TPY of 

PM10 PM-10

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

Revisions effective July 1, 

2012; Submitted January 18, 

2013.

“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: 100 

TPY,

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

The revisions to the definition 

of “significant” at OAC 

252:100-8-31 are approvable. 

These revisions are consistent 

with 40 CFR 51.166(b)(23)(i) 

and (iii).
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vi. lead: 0.6 tpy,

vii. asbestos: 0.007 

tpy,

viii. beryllium: 0.0004 

tpy,

ix. mercury: 0.1 tpy,

x. vinyl chloride: 1 

tpy,

xi. fluorides: 3 tpy,

xii. sulfuric acid mist: 

7 tpy,

xiii. hydrogen sulfide 

(H2S): 10 tpy,

xiv. total reduced 

sulfur (including 

H2S): 10 tpy, and

xv. reduced sulfur 

compounds 

(including H2S): 

10 tpy.

B. Notwithstanding (A) of 

this definition, 

"significant" means any 

emissions rate or any 

net emissions increase 

associated with a major 

source or 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/m3 (24-hour 

average).

vii. fluorides: 3 TPY 

tons per year 

(tpy),asbestos: 

0.007 tpy,

viii. sulfuric acid mist: 

7 TPY, tpy, 

beryllium: 0.0004 

tpy,

ix. hydrogen sulfide 

(H2S): 10 TPY, 

tpy, mercury: 0.1 

tpy,

x. total reduced 

sulfur (including 

H2S): 10 TPY, 

tpy, vinyl 

chloride: 1 tpy,

xi. reduced sulfur 

compounds 

(including H2S): 

10 TPY, 

xii. municipal waste 

combustor 

organics 

(measured as 

total tetrathrough octachlorinated 

dibenzo-pdioxins and 

dibenzofurances): 

3.5 x 10-6 TPY,

xiii. municipal waste 

combustor metals 

(measured as 

particulate 

matter): 15 TPY,

xiv. municipal waste 

combustor acid 

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 tetrathrough octachlorinated 

dibenzo-pdioxins and 

dibenzofurances): 

3.5 x 10-6 TPY,

xiv. municipal waste 

combustor metals 

(measured as 

particulate 

matter): 15 TPY,

xv. municipal waste 

combustor acid 

gases (measured 

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 tetrathrough octachlorinated 

dibenzo-pdioxins and

dibenzofurances): 

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 
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Table 22: Evaluation of OAC 252:100-8-31 EPA’s Evaluation

gases (measured 

as sulfur dioxide 

and hydrogen 

chloride): 40 

TPY,

xv. municipal solid 

waste landfill 

emissions 

(measured as 

nonmethane 

organic 

compounds): 50 

TPY.

B. Notwithstanding (A) of 

this definition, 

"significant" means 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/m3 (24-hour 

average).

as sulfur dioxide 

and hydrogen 

chloride): 40 

TPY,

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 Fg/m3

(24-hour average).

and hydrogen 

chloride): 40 

TPY,

xvi. municipal solid 

waste landfill 

emissions 

(measured as 

nonmethane 

organic 

compounds): 50 

TPY.

B. Any emissions rate or 

any net emissions 

increase associated with 

a major stationary 

source or major 

modification which 

would construct within 

6 miles of a Class I area, 

and have an impact on 

such area equal to or

greater than 1 μg/m3

Fg/m3 (24-hour 

average).

New definition effective June 15, 2006; Submitted July 16, 2010.

“Significant emissions increase” means, for a regulated NSR pollutant, an increase in emissions that is significant for that 

pollutant.

The new definition of 

“significant emissions increase” 

at OAC 252:100-8-31 is 

approvable. This definition is 

consistent with 40 CFR 

51.166(b)(3) and (39).

New definition effective June 15, 2006; Submitted July 16, 2010.

“Significant net emissions increase” means a significant emissions increase and a net increase.

The definition of “significant 

net emissions increase” at OAC 

252:100-8-31 is approvable. 

This new definition is 

consistent with the definitions 
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Table 22: Evaluation of OAC 252:100-8-31 EPA’s Evaluation

of “significant emissions 

increase” and “net emissions 

increase” in the Oklahoma SIP 

and the federal requirements at 

40 CFR 51.166(b)(39) and 

New definition effective June 15, 2006; Submitted July 16, 2010.

“Stationary source” means any building, structure, facility or installation which emits or may emit a regulated NSR 

pollutant.

The new definition of 

“stationary source” at OAC 

252:100-8-31 is approvable. 

This definition is consistent 

with 40 CFR 51.166(b)(5)/

New definition effective July 1, 2011; Submitted February 6, 2012.

“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-I to subpart A of40 CFR Part 98 B 

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 or a regulated NSR pollutant, and an emissions increase 75.000 TPY CO2e 

or more.

E. THIS PROVISION IS SEVERED FROM THIS REVIEW AND WILL BE ADDRESSED SEPARATELY BY EPA.

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 

This TSD is only evaluating the 

definition of “subject to 

regulation” as submitted 

February 6, 2012, introductory 

paragraph, (A), (B), (C), and 

(D), and (F). 

The subparagraph (E) of the 

definition “subject to 

regulation” submitted on 

February 6, 2012, is being 

addressed by EPA in a separate 

rulemaking. The revisions to 

the definition of “subject to 

regulation” submitted on 

January 18, 2013, to adopt the 

biomass deferral are also being 

severed from this TSD. See

EPA’s proposed disapproval on 

January 11, 2016 at 81 FR 

1141. EPA published our final 

disapproval on May 23, 2016. 

See 81 FR 32239.

The introductory paragraph to 

the new definition of “subject 

to regulation” at OAC 252:100-

8-31, effective July 1, 2011 and 

submitted February 6, 2012, is 
174

Table 22: Evaluation of OAC 252:100-8-31 EPA’s Evaluation

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.

approvable. The introductory 

paragraph is consistent with 

federal PSD definition at 40 

CFR 51.166(b)(48) 

introductory paragraph.

The subparagraph (A) effective 

on July 1, 2011, is approvable 

as consistent with 40 CFR 

51.166(b)(48)(i). Note that the 

definition of “GHG” in the 

Oklahoma SIP is contained in 

OAC 252:100-1-3, which we 

previously determined was 

consistent with 40 CFR 

51.166(b)(48)(i) as well.

The subparagraph (B)(i) and 

(ii) effective on July 1, 2011 is 

approvable as consistent with 

40 CFR 51.166(b)(48)(ii)(a) 

and (b). 

New subparagraph (D) and 

(D)(i) – (ii) are approvable. 

These provisions implement 

Step 1 of the Tailoring Rule for 

GHGs.

The new subparagraph (F) is 

approvable. EPA’s analysis of 

this subparagraph (F) is 

available later in this TSD 

under section III.D.17.

New definition effective June 15, 2006; Submitted July 16, 2010.

“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.

The new definition of 

“temporary clean coal 

technology demonstration 

project” at OAC 252:100-8-31 

is approvable. This definition is 
175

Table 22: Evaluation of OAC 252:100-8-31 EPA’s Evaluation

consistent with 40 CFR 

51.166(b)(35).

OAC 252:100-8-31. Definitions.

SIP-Approved by EPA on November 26, 2010.

“Visibility impairment” means any humanly 

perceptible reduction in visibility (visual range, 

contrast and coloration) from that which would 

have existed under natural conditions.

Revisions effective June 15, 2006; Submitted July 16, 2010.

“Visibility impairment” means any humanly perceptible reduction in 

visibility (visual range, contrast and coloration) from that which would 

have existed under natural conditions.

The ODEQ removed the SIPapproved definition of 

“visibility impairment” from 

the PSD program. This 

definition is applicable to all of 

the Oklahoma SIP, as such it 

was moved, unchanged to OAC 

252:100-1.1

The new and revised PSD definitions at OAC 252:100-8-31 are consistent with federal requirements.
176

3. Evaluation of OAC 252:100-8-32. Source Applicability Determination.

Background of OAC 252:100-8-32. Source Applicability Determination. 

• The Oklahoma SIP includes OAC 252:100-8-32 as adopted by the ODEQ on June 15, 1998, effective June 25, 1998. EPA 

approved this provision on November 26, 2010. See 75 FR 72695.

• ODEQ revoked the provisions at OAC 252:100-8-32, effective June 15, 2006, submitted July 16, 2010.

To remove a component of the Oklahoma SIP, EPA must demonstrate that the provision has been relocated elsewhere in the 

Oklahoma SIP or is no longer necessary and that removal of this provision does not violate section 110(l) of the CAA.

The following table presents EPA’s evaluation of the revocation of OAC 252:100-8-32 and whether those provisions have been 

relocated or are no longer necessary for the Oklahoma PSD program.

Table 23: Evaluation of OAC 252:100-8-32 EPA’s Evaluation

OAC 252:100-8-32. Source Applicability 

Determination.

SIP-Approved by EPA on November 26, 2010.

Proposed new sources and source modifications to 

which this Part is applicable are determined by 

size, geographical location and type of emitted 

pollutants.

Revisions effective June 15, 2006; Submitted July 

16, 2010.

Proposed new sources and source modifications to 

which this Part is applicable are determined by 

size, geographical location and type of emitted 

pollutants.

This deletion is approvable. The revised PSD 

Applicability provisions at OAC 252:100-8-30(a) 

and (b) replace this previous SIP-approved 

requirements at OAC 252:100-8-32.

OAC 252:100-8-32. Source Applicability 

Determination.

SIP-Approved by EPA on November 26, 2010.

1) Size.

A. Permit review will apply to sources and 

modifications that emit any regulated 

pollutant in major amounts. These 

quantities are specified in the definitions 

for major stationary source, major 

modification, potential to emit, net 

emissions increase, significant and other 

associated definitions in 252:100-8-31, 

252:100-8-1.1, and 252:100-1.

Revisions effective June 15, 2006; Submitted July 

16, 2010.

1) Size.

A. Permit review will apply to sources and 

modifications that emit any regulated 

pollutant in major amounts. These 

quantities are specified in the definitions 

for major stationary source, major 

modification, potential to emit, net 

emissions increase, significant and other 

associated definitions in 252:100-8-31, 

252:100-8-1.1, and 252:100-1.

This deletion is approvable. The revised PSD 

Applicability provisions at OAC 252:100-8-30(a) 

and (b) replace this previous SIP-approved 

requirements at OAC 252:100-8-32.
177

B. When a source or modification becomes 

major solely by virtue of a relaxation in 

any enforceable permit limitation 

established after August 7, 1980, on the 

capacity of the source or modification to 

emit a pollutant, such as a restriction on 

hours of operation, then the requirements 

of 252:100-8, Parts 1, 3, 5, and 7 shall 

apply to that source or modification as 

though construction had not yet 

commenced on it.

B. When a source or modification becomes 

major solely by virtue of a relaxation in 

any enforceable permit limitation 

established after August 7, 1980, on the 

capacity of the source or modification to 

emit a pollutant, such as a restriction on 

hours of operation, then the requirements 

of 252:100-8, Parts 1, 3, 5, and 7 shall 

apply to that source or modification as 

though construction had not yet 

commenced on it.

OAC 252:100-8-32. Source Applicability 

Determination.

SIP-Approved by EPA on November 26, 2010.

2) Location.

A. Sources and modifications which are

major in size and proposed for 

construction in an area which has been 

designated as attainment or unclassified 

for any applicable ambient air standard 

are subject to the PSD requirements.

B. Those sources and modifications locating 

in an attainment or unclassified area but 

impacting on a nonattainment area may 

also be subject to the requirements for 

major sources affecting nonattainment 

areas in 252:100-8, Part 9.

Revisions effective June 15, 2006; Submitted July 

16, 2010.

2) Location.

A. Sources and modifications which are 

major in size and proposed for 

construction in an area which has been 

designated as attainment or unclassified 

for any applicable ambient air standard 

are subject to the PSD requirements.

B. Those sources and modifications locating 

in an attainment or unclassified area but 

impacting on a nonattainment area may 

also be subject to the requirements for 

major sources affecting nonattainment 

areas in 252:100-8, Part 9.

This deletion is approvable. The revised PSD 

Applicability provisions at OAC 252:100-8-30(a) 

and (b) replace this previous SIP-approved 

requirements at OAC 252:100-8-32.

The deletion of the Source Applicability Determination provisions at OAC 252:100-8-32 is approvable. These requirements have been 

replaced by the new and revised PSD applicability provisions at OAC 252:100-8-30.
178

4. Evaluation of OAC 252:100-8-32.1. Ambient Air Increments and Ceilings.

Background of OAC 252:100-8-32.1. Ambient Air Increments and Ceilings. 

• The Oklahoma SIP does not include OAC 252:100-8-32.1.

• ODEQ has submitted one revision to the Oklahoma SIP for the PSD Program Ambient Air Increments and Ceilings provisions 

at OAC 252:100-8-32.1.

o Revisions effective June 15, 2006; submitted July 16, 2010.

The following table includes EPA’s evaluation of the revisions to OAC 252:100-8-32.1.

Table 24: Evaluation of OAC 252:100-8-32.1 EPA’s Evaluation

New provision effective June 15, 2006; Submitted July 16, 2010.

a) Ambient air increments. Increases in pollutant concentration over the baseline concentration in 

Class I, II, or III areas shall be limited to those listed in OAC 252:100-3-4 regarding significant 

deterioration increments.

The provisions at OAC 252:100-8-32.1, effective 

on June 15, 2006, refer to the table at OAC 

252:100-3-4. EPA has previously reviewed the 

revisions submitted to OAC 252:100-3-4 and 

found that the requirements for PSD increments 

have been updated consistent with all federal 

requirements.

OAC 252:100-8-32.1 is approvable.

New provision effective June 15, 2006; Submitted July 16, 2010.

b) Ambient air ceilings. No concentration of a pollutant shall exceed whichever of the following 

concentrations is lowest for the pollutant for a period of exposure:

1) The concentration allowed under the secondary NAAQS, or

2) The concentration permitted under the primary NAAQS.

The provisions at OAC 252:100-8-32.1(b), 

effective on June 15, 2006, are consistent with the 

ambient air ceiling provisions at 40 CFR 

51.166(d).

OAC 252:100-8-32.1(b) is approvable.

The new requirements for PSD Ambient Air Increments and Ceilings at OAC 252:100-8-32.1 are approvable as consistent with 

federal requirements.
179

5. Evaluation of OAC 252:100-8-32.2. Exclusion from Increment Consumption.

Background of OAC 252:100-8-32.2. Exclusion from Increment Consumption. 

• The Oklahoma SIP does not include OAC 252:100-8-32.2.

• ODEQ has submitted one revision to the Oklahoma SIP for the PSD Program Exclusion from Increment Consumption 

provisions at OAC 252:100-8-32.2.

o Revisions effective June 15, 2006; submitted July 16, 2010.

The following table includes EPA’s evaluation of the revisions to OAC 252:100-8-32.2.

Table 25: Evaluation of OAC 252:100-8-32.2 EPA’s Evaluation

New provision effective June 15, 2006; Submitted July 16, 2010.

The following cases are excluded from increment consumption:

1) Concentrations from an increase in emissions from any stationary source converting from the use of 

petroleum products, natural gas, or both by reason of any order under sections 2(a) and (b) of the 

Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation), or by 

reason of a natural gas curtailment plan pursuant to the Federal Power Act shall be excluded.

A. Such exclusion is limited to five years after the effective date of the order or plan whichever is 

applicable.

B. If both an order and a plan are applicable, the exclusion shall not apply more than five years 

after the later of the effective dates.

OAC 252:100-8-32.2(1) effective on June 15, 

2006, is consistent with the requirements of 40 

CFR 51.166(f)(1)(i), (f)(1)(ii) and (f)(2). 

OAC 252:100-8-32.2 opening paragraph and (1) 

are approvable.

New provision effective June 15, 2006; Submitted July 16, 2010.

2) Emissions of particulate matter from construction or other temporary emission-related activities of 

new or modified sources shall be excluded.

OAC 252:100-8-32.2(2) effective on June 15, 

2006, is consistent with the requirements of 40 

CFR 51.166(f)(1)(iii). 

OAC 252:100-8-32.2(2) is approvable.

New provision effective June 15, 2006; Submitted July 16, 2010.

3) A temporary increase of sulfur dioxide, particulate matter, or nitrogen oxides from any stationary 

source by order or authorized variance shall be excluded. For purposes of this exclusion any such 

order or variance shall:

A. specify the time over which the temporary emissions increase would occur (not to exceed 2 

years in duration unless a longer time is approved by the Director);

B. specify that the exclusion is not renewable;

OAC 252:100-8-32.2(3) effective on June 15, 

2006, is consistent with the requirements of 40 

CFR 51.166(f)(1)(v) and (f)(4).

OAC 252:100-8-32.2(3) is approvable.
180

Table 25: Evaluation of OAC 252:100-8-32.2 EPA’s Evaluation

C. allow no emissions increase from a stationary source which would impact a Class I area or an 

area where an applicable increment is known to be violated or cause or contribute to the 

violation of a NAAOS; and

D. Require limitations to be in effect by the end of the time period specified in such order or 

variance, which would ensure that the emissions levels from the stationary source affected 

would not exceed those levels occurring from such source before the order or variance was 

issued.

The new provisions at OAC 252:100-8-32.2 for the “Exclusion from Increment Consumption” are consistent with federal 

requirements at 40 CFR 51.166(f). Note that the Oklahoma provisions do not include the exemption at 40 CFR 51.166(f)(1)(iv) “The 

increase in concentrations attributable to new sources outside the United States over the concentrations attributable to existing sources 

which are included in the baseline concentration;”.

Exclusions from increment consumption are not a mandatory requirement of a PSD program. Therefore, it is sufficient that the 

Oklahoma SIP include some of the available exclusions, without including the exclusion for new sources outside the US at 40 CFR 

51.166(f)(1)(iv).
181

6. Evaluation of OAC 252:100-8-32.3. Stack Heights.

Background of OAC 252:100-8-32.3. Stack Heights.

• The Oklahoma SIP does not include OAC 252:100-8-32.3

• ODEQ has submitted one revision to the Oklahoma SIP for the PSD Program Stack Height Provisions at OAC 252:100-8-32.3.

o Revisions effective June 15, 2006; submitted July 16, 2010.

The following table includes EPA’s evaluation of the revisions to OAC 252:100-8-32.3.

Table 26: Evaluation of OAC 252:100-8-32.3 EPA’s Evaluation

New provision effective June 15, 2006; Submitted July 16, 2010.

a) Emission limitation of any air pollutant under this Part shall not be affected in any manner by:

1) Stack height of any source that exceeds good engineering practice, or

2) Any other dispersion technique.

b) OAC 252:100-8-32.3(a) shall not apply with respect to stack heights in existence before December 

31, 1970, or to dispersion techniques implemented before then.

The new provisions at OAC 252:100-8-32.3, 

effective June 15, 2006, are consistent with the 

requirements of 40 CFR 51.166(h) regarding stack 

heights.

The provisions at OAC 252:100-8-32.3 are 

approvable.

The new requirements for PSD Stack Heights at OAC 252:100-8-32.3 are approvable as consistent with federal requirements.
182

7. Evaluation of OAC 252:100-8-33. Exemptions.

Background of OAC 252:100-8-33. Exemptions. 

• The Oklahoma SIP includes OAC 252:100-8-33 as adopted by the ODEQ on May 15, 2001, effective June 1, 2001. EPA 

approved this provision on November 26, 2010. See 75 FR 72695.

• ODEQ has submitted four revisions to the Oklahoma SIP for exemptions from PSD requirements at OAC 252:100-8-33, as 

follows.

o Revisions effective June 15, 2006; submitted July 16, 2010;

o Revisions effective June 1, 2009; submitted June 24, 2010;

o Revisions effective July 1, 2011; submitted February 6, 2012; and,

o Revisions effective July 1, 2012; submitted January 18, 2013.

The following table includes EPA’s evaluation of the revisions to OAC 252:100-8-33.

Table 27: Evaluation of OAC 252:100-8-33. Exemptions. EPA’s Evaluation

OAC 252:100-8-33. Exemptions.

SIP-Approved by EPA on November 26, 2010.

a) Exemptions from PSD requirements. PSD 

requirements do not apply to a particular source or 

modification if:

1. It is a nonprofit health or educational institution.

2. The source is major by virtue of fugitive 

emissions, to the extent quantifiable, included in 

calculating the potential to emit and is a source 

other than:

A. One of the categories listed in (A)(i) 

through (xxvi) under the definition of 

"Major stationary source" in OAC 252:100-

8-31, or

B. A stationary source category which, as of 

August 7, 1980, is being regulated by NSPS 

or NESHAP.

3. The source or modification is a portable 

stationary source which has previously received 

Revisions effective June 15, 2006; Submitted July 16, 

2010.

a) Exemptions from the requirements of OAC 

252:100-8-34 through 252:100-8-36.2. PSD 

requirements. PSD requirements do not apply to a 

particular source or modification if:

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. It is a nonprofit health or nonprofit 

educational institution; or.

B. The source is major by virtue of only if 

fugitive emissions, to the extent 

quantifiable, are included in calculating the 

potential to emit and such source is not is a 

source other than: one One of the categories 

listed in paragraph (C) of (A)(i) through 

(xxvi) under the definition of "Major 

The revisions to OAC 252:100-8-33 

provide exemptions from the PSD 

permitting requirements of control 

technology review, air quality impact 

evaluation, additional impact 

analyses, sources

OAC 252:100-8-33(a)(1)(A) is 

consistent with federal provisions at 

40 CFR 51.166(i)(1)(i).

OAC 252:100-8-33(a)(1)(B) is 

consistent with federal provisions at 

40 CFR 51.166(i)(1)(ii).

OAC 252:100-8-33(a)(1)(C) is 

consistent with federal provisions at 

40 CFR 51.166(i)(1)(iii)
183

Table 27: Evaluation of OAC 252:100-8-33. Exemptions. EPA’s Evaluation

a permit under the PSD requirements 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.

stationary source" in OAC 252:100-8-31, 

;or A stationary source category which, as 

of August 7, 1980, is being regulated by 

NSPS or NESHAP.

C. The source or modification is a portable 

stationary source which has previously 

received a permit under the PSD

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.

OAC 252:100-8-33(a)(2) is consistent 

with federal provisions at 40 CFR 

51.166(i)(2).

OAC 252:100-8-33. Exemptions.

SIP-Approved by EPA on November 26, 2010.

b) Exemption from air quality impact evaluation.

1. The requirements of OAC 252:100-8-35 are not 

applicable if the emissions, with respect to a 

particular pollutant, 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 are not 

applicable to the emissions, with respect to a 

particular pollutant, to a modification of a major 

source that was in existence on March 1, 1978 if 

the net increase in allowable emissions of each 

regulated pollutant, after the application of 

BACT, would be less than 50 tons per year.

Revisions effective June 15, 2006; Submitted July 16, 

2010.

b) Exemption from air quality impact analyses in 

OAC 252:100-8-35(a) and (c) and 252:100-8-

35.2evaluation.

1. The requirements of OAC 252:100-8-35(a) and 

(c) and 252:100-8-35.2 252:100-8-35 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, with respect 

to a particular pollutant, would be temporary 

and impact no Class I area and no area where an 

applicable increment is known to be violated.

Revisions to OAC 252:100-8-33(b)(1) 

are consistent with federal provisions 

at 40 CFR 51.166(i)(3). EPA has 

separately evaluated the revisions to 

OAC 252:100-8-35(a) and (c) and 

252:100-8-35.2 as consistent with 

applicable federal requirements.

Revisions to OAC 252:100-8-33(b)(2) 

are consistent with federal provisions 

at 40 CFR 51.166(i)(4).

The revisions to OAC 252:100-8-

33(b) are approvable.
184

Table 27: Evaluation of OAC 252:100-8-33. Exemptions. EPA’s Evaluation

2. The requirements of OAC 252:100-8-35(a) 

through (c) and 252:100-8-35.2 as they relate to 

any PSD increment for a Class II area do not 

apply 252:100-8-35 are not applicable to the 

emissions, with respect to a particular pollutant,

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 tons per year.

OAC 252:100-8-33. 

Exemptions.

SIP-Approved by 

EPA on November 

26, 2010.

c) Exemption 

from 

monitoring 

requirements.

1. The 

monitoring 

requirement

s of OAC 

252:100-8-

35 are not 

applicable 

for a 

particular 

pollutant if 

the emission 

increase of 

the pollutant 

from a new 

source or 

the net 

Revisions effective 

June 15, 2006; 

Submitted July 16, 

2010.

c) Exemption 

from air quality 

analysis 

monitoring

requirements in 

OAC 252:100-

8-35(c).

1. The monitoring 

requirements of 

OAC 252:100-

8-35(c) 

regarding air 

quality analysis 

OAC 252:100-

8-35 are not 

applicable for a 

particular 

pollutant if the 

emission 

increase of the 

pollutant from a 

Revisions effective 

June 1, 2009; 

Submitted June 24, 

2010.

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 

Revisions effective 

July 1, 2011; 

Submitted February 

6, 2012.

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 

Revisions effective 

July 1, 2011; 

Submitted February 

6, 2012.

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 

The revisions to OAC 252:100-8-

33(c)(1) for monitoring exemptions 

are consistent with federal 

requirements at 40 CFR 

51.166(i)(5)(i), with the exception of 

the monitoring exemption for PM2.5 

submitted on February 6, 2012, at 

OAC 252:100-8-33(c)(1)(C). The 

federal exemption for the PM2.5 SMC 

was vacated and subsequently 

removed from federal regulations as 

inconsistent with the CAA. We are 

severing action on this provision in 

this TSD and will address the PM2.5 

SMC in a separate action. The PM2.5 

SMC is severable b/c it is no longer 

consistent with federal law or 

regulation – therefore removing it will 

not make the Oklahoma PSD program 

more stringent than the federal 

requirements.

Note that the Oklahoma PSD program 

does not include an exemption 

consistent with that provided at 40 
185

Table 27: Evaluation of OAC 252:100-8-33. Exemptions. EPA’s Evaluation

emissions 

increase of 

the pollutant 

from a 

modificatio

n would 

cause, in 

any area, air 

quality 

impacts less 

than the 

following 

listed 

amounts, or 

are pollutant 

concentratio

ns that are 

not on the 

list.

A.Carbon 

monoxide -

575 μg/m3

, 8-

hour average,

B. Nitrogen 

dioxide - 14 

μg/m3

, annual 

average,

C. Particulate 

matter - 10 

μg/m3

, TSP, 

24-hour 

average, or 10 

μg/m3 PM-10, 

24-hour 

average,

proposed major 

stationary new 

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 listed 

amounts, or are 

pollutant 

concentrations 

that are not on 

the list.:

A. Carbon 

monoxide - 575 

Fg/m3

, 8-hour 

average,

B. Nitrogen 

dioxide - 14 

Fg/m3

, annual 

average,

C. Particulate 

matter - 10 

Fg/m3

, TSP or 

PM-10, 24-hour 

average, or 10 

μg/m3 PM-10, 

24-hour 

average,

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,:

A. Carbon 

monoxide - 575 

Fg/m3

, 8-hour 

average,

B. Nitrogen 

dioxide - 14 

Fg/m3

, annual 

average,

C. Particulate 

matter - 10 

Fg/m3

, TSP or 

PM-10, 24-

hour average, 

D. Sulfur dioxide -

13 Fg/m3

, 24-

hour average,

E. Ozone - no de 

minimis air 

quality level is 

provided for 

ozone, however 

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)

amounts,:

A. Carbon 

monoxide -

575 Fg/m3

, 8-

hour average,

B. Nitrogen 

dioxide - 14 

μg/m3

, annual 

average,

C.PM2.5 - 4 

μg/m3 24-hour 

average,

D. PM10

Particulate 

matter - 10 

μg/m3, TSP or 

PM-10, 24-

hour average, 

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 

CFR 51.166(i)(5)(ii). That means that 

in the Oklahoma PSD program, a 

source is not exempt from monitoring 

even if the area in which the source or 

modification is located has ambient 

concentrations of the specific 

pollutant below those identified in 40 

CFR 51.166(i)(5)(i) and OAC 

252:100-8-33(c)(1). Lack of this 

exemption is approvable; the 

Oklahoma PSD program is more 

stringent that the federal program in 

this respect.

The revisions to OAC 252:100-8-

33(c)(2) for monitoring exemptions 

are consistent with 40 CFR 

51.166(i)(5)(iii).

Existing SIP-approved OAC 252:100-

8-33(c)(2) and (c)(3) were moved to 

OAC 252:100-8-33(d) in the July 26, 

2010 SIP submittal.

Existing SIP approved OAC 252:100-

8-33(c)(4) and (c)(5) were moved to 

new OAC 252:100-8-33(e) in the July 

26, 2010 SIP submittal.
186

Table 27: Evaluation of OAC 252:100-8-33. Exemptions. EPA’s Evaluation

D. Sulfur dioxide 

-13 μg/m3, 24-

hour average,

E. 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.

F. Lead - 0.1 

μg/m3

, 3-

month 

average,

G. Mercury -

0.25 μ:g/m3

, 

24-hour 

average,

H. Beryllium -

0.001 μg/m3

, 

24-hour 

average,

I. Fluorides -

0.25 μg/m3

, 

D. Sulfur dioxide -

13 μg/m3, 24-

hour average,

E. 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.

F. Lead - 0.1 

μg/m3

, 3-month 

average,

Mercury - 0.25 

μ:g/m3, 24-hour 

average,

Beryllium - 0.001 

μg/m3, 24-hour 

average,

G. Fluorides - 0.25 

μg/m3

, 24-hour 

average,

Vinyl chloride - 15 

μg/m3, 24-hour 

average,

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.

F. Lead - 0.1 

Fg/m3

, 3-month

average,

G. Fluorides - 0.25 

Fg/m3

, 24-hour 

average,

H. Total reduced 

sulfur - 10 

Fg/m3

, 1-hour 

average,

I. Hydrogen 

sulfide - 0.2 

Fg/m3

, 1-hour 

average, or

J. Reduced sulfur 

compounds -

10 Fg/m3

, 1-

hour average.

2. The pollutant is 

not listed in 

preceding OAC 

252:100-8-

33(c)(1).

E. Sulfur dioxide 

-13 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

, 3-

month 

average,

H. Fluorides -

0.25 Fg/m3

, 

24-hour 

average,

I. Total reduced 

sulfur - 10 

Fg/m3

, 1-hour 

average,

J. Hydrogen 

sulfide - 0.2 

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, 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 
187

Table 27: Evaluation of OAC 252:100-8-33. Exemptions. EPA’s Evaluation

24-hour 

average,

J. Vinyl chloride 

- 15 μg/m3

, 

24-hour 

average,

K. Total reduced 

sulfur - 10 

μg/m3

, 1-hour 

average,

L. Hydrogen 

sulfide - 0.2 

μg/m3

, 1-hour 

average, or

M. Reduced 

sulfur 

compounds -

10 μg/m3

, 1-

hour average.

N. No de minimis 

air quality 

level is 

provided for 

ozone. 

However, any 

net increase of 

100 tons per 

year or more 

of volatile 

organic 

compounds 

subject to PSD 

would be 

required to 

perform an 

ambient 

H. Total reduced 

sulfur - 10 

μg/m3

, 1-hour 

average,

I. Hydrogen 

sulfide - 0.2 

μg/m3

, 1-hour 

average, or

J. Reduced sulfur 

compounds - 10 

μg/m3

, 1-hour 

average.

2. The pollutant is 

not listed in 

preceding OAC 

252:100-8-

33(c)(1). The 

requirements for 

air quality 

monitoring in

OAC 252:100-8-

35(b),(c) and 

(d)(2) shall not 

apply to a source 

or modification 

that was subject to 

40 CFR 52.21 as 

in effect on June 

19, 1978, if a 

permit application 

was submitted 

before June 8, 

1981 and the 

Director 

subsequently 

determined that 

Fg/m3, 1-hour 

average, or

K. Reduced sulfur 

compounds -

10 Fg/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).

applicable for a 

particular 

pollutant if the

pollutant is not 

listed in 

preceding OAC 

252:100-8-

33(c)(1).
188

Table 27: Evaluation of OAC 252:100-8-33. Exemptions. EPA’s Evaluation

impact 

analysis, 

including the 

gathering of 

ambient air 

quality data. 

[DELETED 

June 2010 

Submittal].

2. The 

requirements for 

air quality 

monitoring in 

OAC 252:100-8-

35(b),(c) and (d)(2) shall not 

apply to a source 

or modification 

that was subject 

to 40 CFR 52.21 

as in effect on 

June 19, 1978, if 

a permit 

application was 

submitted before 

June 8, 1981 and 

the Director 

subsequently 

determined that 

the application 

was complete 

except for OAC 

252:100-8-35(b), 

(c) and (d)(2). 

Instead, the 

requirements in 

the application 

was complete 

except for OAC 

252:100-8-35(b), 

(c) and (d)(2). 

Instead, the 

requirements in 40 

CFR 52.21(m)(2) 

as in effect on 

June 19, 1978, 

shall apply to such 

source or 

modification.

3. The 

requirement

s for air 

quality 

monitoring 

in OAC 

252:100-8-

35(b), (c), 

and (d)(2) 

shall not 

apply to a 

source or 

modificatio

n that was 

not subject 

to 40 CFR 

52.21 as in 

effect on 

June 19, 

1978, if a 

permit 

application 

was 
189

Table 27: Evaluation of OAC 252:100-8-33. Exemptions. EPA’s Evaluation

40 CFR 

52.21(m)(2) as 

in effect on June 

19, 1978, shall 

apply to such 

source or 

modification.

3. The 

requirements 

for air quality 

monitoring in 

OAC 252:100-

8-35(b), (c), 

and (d)(2) shall 

not apply to a 

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 

before June 8, 

1981 and the 

Director 

subsequently 

determined that 

the application 

as submitted 

was complete, 

except for the 

requirements in 

OAC 252:100-

submitted 

before June 

8, 1981 and 

the Director 

subsequentl

y 

determined 

that the 

application 

as submitted 

was 

complete, 

except for 

the 

requirement

s in OAC 

252:100-8-

35(b), (c) 

and (d)(2).

4. The 

Director 

shall 

determine if 

the 

requirement

s for air 

quality 

monitoring 

of PM-10 in 

OAC 

252:100-8-

35(a) 

through (c) 

and OAC 

252:100-8-

35(d)(2) 
190

Table 27: Evaluation of OAC 252:100-8-33. Exemptions. EPA’s Evaluation

8-35(b), (c) and 

(d)(2).

4. The Director shall 

determine if the 

requirements for 

air quality 

monitoring of 

PM-10 in OAC 

252:100-8-35(a) 

through (c) and 

OAC 252:100-8-

35(d)(2) may be 

waived for a 

source or 

modification 

when an 

application for a 

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(a) 

through (c) and 

OAC 252:100-8-

35(d)(2), was 

complete before 

that date.

may be 

waived for a 

source or 

modificatio

n when an 

application 

for a permit 

was 

submitted 

on or before 

June l, 1988 

and the 

Director 

subsequentl

y 

determined 

that the 

application, 

except for 

the 

requirement

s for 

monitoring 

particulate 

matter 

under OAC 

252:100-8-

35(a) 

through (c) 

and OAC 

252:100-8-

35(d)(2), 

was 

complete 

before that 

date.
191

Table 27: Evaluation of OAC 252:100-8-33. Exemptions. EPA’s Evaluation

5. The requirements 

for air quality 

monitoring of 

PM-10 in OAC 

252:100-8-35(b), 

(c), (d)(2) and 

(d)(6) shall apply 

to a 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 

becomes 

otherwise 

complete in 

accordance with 

the provisions of 

OAC 252:100-8-

33(b)(1), except 

that if the 

Director 

determines that a 

complete and 

adequate analysis 

can be 

accomplished 

The requirements for 

air quality 

monitoring of PM-10 

in OAC 252:100-8-

35(b), (c), (d)(2) and 

(d)(6) shall apply to 

a 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 becomes 

otherwise complete 

in accordance with 

the provisions of 

OAC 252:100-8-

33(b)(1), 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(b)(1) 
192

Table 27: Evaluation of OAC 252:100-8-33. Exemptions. EPA’s Evaluation

with monitoring 

data over a 

shorter period 

(not to be less 

than 4 months), 

the data required 

by OAC 252:100-

8-35(b)(1) and 

OAC 252:100-8-

35(c) shall have 

been gathered 

over that shorter 

period.

and OAC 252:100-8-

35(c) shall have been 

gathered over that 

shorter period.

New revision effective June 15, 2006; Submitted July 16, 2010.

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 252:100-835(c)(l)(B) and (D). Instead, the 

requirements in 40 CFR 52.21(m)(2) as in effect on June 19, 1978, shall apply to anv such source or 

modification.

2. The requirements for air quality monitoring in OAC 252: 100-8-35(c)(l)(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)(l)(B) and 

(D).

Existing SP-approved requirements at 

OAC 252:100-8-33(c)(2) and (c)(3) 

have been moved to new OAC 

252:100-8-33(d). Internal citations to 

OAC 252:100-8-35 have been 

updated to maintain consistency. The 

revisions are approvable.

New revision effective June 15, 2006; Submitted July 16, 

2010.

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-l0 in OAC 

252:100-8-35(c)(l)(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 1, 1988, and the 

Revision effective July 1, 2011; Submitted February 6, 

2012.

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 PM-l0 in 

OAC 252:100-835(c)(l)(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 1, 1988, and the 

Existing SIP approved provisions at 

OAC 252:100-8-33(c)(4) have been 

moved to new OAC 252:100-8-

33(e)(1) in the July 16, 2010 

submittal, and further updated in 

February 6, 2012. Internal references 

to OAC 252:100-8-35 have been 

updated to maintain consistency. The 

revisions are approvable.
193

Table 27: Evaluation of OAC 252:100-8-33. Exemptions. EPA’s Evaluation

Director subsequently determined that the 

application, except for the requirements for 

monitoring particulate matter under OAC 

252:100-8-35(c)(l)(A), (B), and (D), was 

complete before that date.

2. The requirements for air quality monitoring of 

PM-l0 in OAC 252:100-8-35(c)(l)(B)(i), 252: 

l00-8-35(c)(l)(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 1, 1988, and no later than December 1, 

1988. The data shall have been gathered over at 

least the period from February 1, 1988, to the 

date the application became otherwise complete 

in accordance with the provisions of OAC 252: 

100-8-35(c)(l)(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)(l)(B)(ii) shall have been gathered over 

that shorter period.

Director subsequently determined that the 

application, except for the requirements for 

monitoring particulate matter under OAC 

252:100-8-35(c)(l)(A), (B), and (D), was 

complete before that date.

2. The requirements for air quality monitoring of 

PM10 PM-l0 in OAC 252:100-8-35(c)(l)(B)(i), 

252: l00-8-35(c)(l)(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 1, 1988, and no later than December 1, 

1988. The data shall have been gathered over at 

least the period from February 1, 1988, to the 

date the application became otherwise complete 

in accordance with the provisions of OAC 252: 

100-8-35(c)(l)(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)(l)(B)(ii) shall have been gathered over 

that shorter period.

Existing SIP approved provisions at 

OAC 252:100-8-33(c)(5) have been 

moved to new OAC 252:100-8-

33(e)(2) in the July 16, 2010 submittal 

and further updated in February 6, 

2012. Internal references to OAC 

252:100-8-35 have been updated to 

maintain consistency. The revisions 

are approvable.

OAC 252:100-8-33. Exemptions.

SIP-Approved by EPA on November 26, 2010.

d) Exemption from BACT requirements and 

monitoring 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 for monitoring 

in OAC 252:100-8-35(a) through (c) and OAC 

252:100-8-35(d)(2) through (4) are not applicable. 

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.

Revisions effective June 15, 2006; Submitted July 16, 

2010.

f) Exemption from BACT requirements and air 

quality analyses monitoring 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) for monitoring in OAC 252:100-

8-35(a) through (c) and OAC 252:100-8-35(d)(2) 

through (4) 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) 

Revisions are approvable and 

consistent with 40 CFR 51.166(i)(6).
194

Table 27: Evaluation of OAC 252:100-8-33. Exemptions. EPA’s Evaluation

as in effect on June 19, 1978 are applicable to any 

such source or modification.

OAC 252:100-8-33. Definitions.

SIP-Approved by EPA on November 26, 2010.

e) Exemption of modifications. As specified in the 

applicable definitions of OAC 252:100-8-31, 

252:100-8-1.1, and 252:100-1, the requirements of 

OAC 252:100-8, Part 7 for PSD and OAC 252:100-

8, Part 9 for nonattainment areas are not applicable 

to a modification if the existing source was not 

major on August 7, 1980 unless the proposed 

addition to that existing minor source is major in its 

own right.

Revisions effective June 15, 2006; Submitted July 16, 

2010.

Exemption of modifications. As specified in the 

applicable definitions of OAC 252:100-8-31, 252:100-8-

1.1, and 252:100-1, the requirements of OAC 252:100-8, 

Part 7 for PSD and OAC 252:100-8, Part 9 for 

nonattainment areas are not applicable to a modification 

if the existing source was not major on August 7, 1980 

unless the proposed addition to that existing minor 

source is major in its own right.

Deletion is approvable. Requirement 

is maintained through source 

obligation provisions at OAC 

252:100-8-36.2.

OAC 252:100-8-33. Definitions.

SIP-Approved by EPA on November 

26, 2010.

f) Exemption from impact 

analyses. The requirements of 

OAC 252:100-8-35 and OAC 

252:100-8-36 do not apply to a 

source or modification with 

respect to any maximum 

allowable increase for nitrogen 

oxides if the owner or operator 

of the source or modification 

submitted a completed 

application for a permit before 

February 8, 1988.

Revisions effective June 15, 2006; 

Submitted July 16, 2010.

g) Exemption from OAC 

252:100-8-35(a)(2) impact 

analyses. The permitting

requirements of OAC 252:100-

8-35(a)(2) 252:100-8-35 and 

OAC 252:100-8-36 do not apply 

to a stationary source or 

modification with respect to 

PSD increment any maximum 

allowable increase for nitrogen 

oxides if the owner or operator 

of the source or modification 

submitted a complete completed 

application for a permit before 

February 8, 1988.

Revisions effective July 1, 2011; 

Submitted February 6, 2012.

g) Exemption from OAC 

252:100-8-35(a)(1)(B) OAC 

252:100-8-35(a)(2). The 

permitting requirements of OAC 

252:100-8-35(a)(1)(B) OAC 

252:100-8-35(a)(2) do not apply 

to a stationary source or 

modification with respect to 

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.

Consistent with the provisions at 40 

CFR 51.166(i)(8). Revisions are 

approvable.

OAC 252:100-8-33. Exemptions.

SIP-Approved by EPA on November 26, 2010.

g) Exemption from increment consumption.

Excluded from increment consumption are the 

following cases:

a. Concentrations from an increase in 

emissions from any source converting 

Revisions effective June 15, 2006; Submitted July 16, 2010.

Exemption from increment consumption. Excluded from 

increment consumption are the following cases:

a. Concentrations from an increase in emissions from 

any source converting from the use of petroleum 

products, natural gas, or both by reason of any order 

Existing SIP-approved OAC 252:100-

8-33(g) was moved to new OAC 

252:100-8-32.2 in the July 26, 2010 

submittal. This deletion is approvable.
195

Table 27: Evaluation of OAC 252:100-8-33. Exemptions. EPA’s Evaluation

from the use of petroleum products, natural 

gas, or both by reason of any order under 

Sections 2(a) and (b) of the Energy Supply 

and Environmental Coordination Act of 

1974 (or any superseding legislation), or 

by reason of a natural gas curtailment plan 

pursuant to the Federal Power Act. Such 

exclusion is limited to five years after the 

effective date of the order or plan.

b. Emissions of particulate matter from 

construction or other temporary emissionrelated activities of new or modified 

sources.

c. A temporary increase of sulfur dioxide, 

particulate matter, or nitrogen oxides by 

order or authorized variance from any 

source.

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. 

Such exclusion is limited to five years after the 

effective date of the order or plan.

b. Emissions of particulate matter from construction or 

other temporary emission-related activities of new or 

modified sources.

c. A temporary increase of sulfur dioxide, particulate 

matter, or nitrogen oxides by order or authorized 

variance from any source.
196

8. Evaluation of OAC 252:100-8-34. Control Technology Review.

Background of OAC 252:100-8-34. Control Technology Review. 

• The Oklahoma SIP includes OAC 252:100-8-34 as adopted by the ODEQ on June 15, 1998, effective June 25, 1998. EPA 

approved this provision on November 26, 2010. See 75 FR 72695.

• ODEQ has submitted one revisions to the Oklahoma SIP for control technology review requirements for the PSD program.

o Revisions effective June 15, 2006; submitted July 16, 2010.

The following table includes EPA’s evaluation of the revisions to OAC 252:100-8-34.

Table 28: Evaluation of OAC 252:100-8-34. Control Technology Review. EPA’s Evaluation

OAC 252:100-8-34. Best available control technology.

SIP-Approved by EPA on November 26, 2010.

a) A new source must demonstrate that the control 

technology to be applied is the best that is available 

(i.e., BACT as defined herein for each regulated 

pollutant that it would have the potential to emit in 

significant amounts).

Revisions effective June 15, 2006; Submitted July 16, 2010.

252:100-8-34. Control technology review Best available 

control technology

a) Requirement to comply with rules and regulations.

A major stationary source or major modification shall 

meet each applicable emissions limitation under OAC 

252:100 and each applicable emission standard and 

standard of performance under 40 CFR parts 60 and 

61.

New OAC 252:100-8-34(a) is 

consistent with the federal 

requirements at 40 CFR 

51.166(j)(1). 

This provision is approvable.

OAC 252:100-8-34. Best available control technology.

SIP-Approved by EPA on November 26, 2010.

b) A major modification must demonstrate that the control 

technology to be applied is the best that is available for 

each regulated pollutant for which it would be a 

significant net emissions increase at the source. This 

requirement applies to each proposed emissions unit at 

which a net emissions increase in the pollutant would 

occur as a result of a physical change or change in the 

method of operation in the unit.

Revisions effective June 15, 2006; Submitted July 16, 2010.

b) Requirement to apply best available control 

technology (BACT).

1. A new major stationary source must demonstrate 

that the control technology to be applied is the 

best that is available (i.e., BACT as defined herein

shall apply BACT for each regulated NSR

pollutant that it would have the potential to emit in 

significant amounts).

2. A major modification must demonstrate that the 

control technology to be applied is the best that is 

available shall apply BACT for each regulated 

NSR pollutant for which it would be a significant 

net emissions increase at the source. This 

requirement applies to each proposed emissions 

unit at which a net emissions increase in the 

Revisions to OAC 252:100-8-

34(b) is consistent with the 

federal requirements at 40 CFR 

51.166(j)(2), (3), and (4). 

This provision is approvable.
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pollutant would occur as a result of a physical 

change or change in the method of operation in the 

unit.

3. For phased construction projects the determination 

of BACT best available control technology shall 

be reviewed and modified at the discretion of the 

Executive Director at a reasonable time but no 

later than 18 months prior to commencement of 

construction of each independent phase of the 

project. At such time the owner or operator may 

be required to demonstrate the adequacy of any 

previous determination of BACT best available 

control technology.

OAC 252:100-8-34. Best available control technology.

SIP-Approved by EPA on November 26, 2010.

c) The determination of best available control 

technology shall be made on a case by case basis 

taking into account costs and energy, environmental 

and economic impacts.

Revisions effective June 15, 2006; Submitted July 16, 2010.

The determination of best available control technology shall 

be made on a case by case basis taking into account costs and 

energy, environmental and economic impacts.

This deletion is approvable. 

BACT requirements are by 

definition applied on a case-bycase basis for each permitted 

activity (see OAC 252:100-8-34-

b).

OAC 252:100-8-34. Best available control technology.

SIP-Approved by EPA on November 26, 2010.

d) For phased construction projects the determination 

of best available control technology shall be 

reviewed and modified at the discretion of the 

Executive Director at a reasonable time but no later 

than 18 months prior to commencement of 

construction of each independent phase of the 

project. At such time the owner or operator may be 

required to demonstrate the adequacy of any 

previous determination of best available control 

technology.

Revisions effective June 15, 2006; Submitted July 16, 2010.

For phased construction projects the determination of best 

available control technology shall be reviewed and modified at 

the discretion of the Executive Director at a reasonable time 

but no later than 18 months prior to commencement of 

construction of each independent phase of the project. At such 

time the owner or operator may be required to demonstrate the 

adequacy of any previous determination of best available 

control technology.

MOVED to OAC 252:100-8-

34(b)(3) in the revisions 

effective June 15, 2006; 

Submitted July 16, 2010.

Deletion is approvable.

The new and revised requirements for PSD Control Technology Review are consistent with federal requirements.
198

9. Evaluation of OAC 252:100-8-35. Air Quality Impact Evaluation.

Background of OAC 252:100-8-35. Air Quality Impact Evaluation.

• The Oklahoma SIP includes OAC 252:100-8-35 as adopted by the ODEQ on June 15, 1998, effective June 25, 1998. EPA 

approved this provision on November 26, 2010. See 75 FR 72695.

• ODEQ has submitted two revisions to the Oklahoma SIP for the PSD Air Quality Impact Evaluation.

o Revisions effective June 15, 2006; submitted July 16, 2010, and

o Revisions effective July 1, 2011, effective February 6, 2012.

The following table includes EPA’s evaluation of the revisions to OAC 252:100-8-35.

Table 29: Evaluation of OAC 252:100-8-35. EPA’s Evaluation

New provisions effective June 15, 2006; Submitted July 16, 

2010.

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 theat 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. Any NAAQS in any air quality control region; or

2. The remaining available PSD increment for the 

specified air contaminants as determined by the 

Director.

Revision effective July 1, 2011; Submitted February 6, 2012.

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 

theat 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 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:

A. Any NAAQS in any air quality control region; 

or

B. The remaining available PSD increment for the 

specified air contaminants in any area as 

determined by the Director.

The revisions to OAC 252:100-

8-35(a)(1) submitted July 16, 

2010; and revised to OAC 

252:100-8-35(a)(1)(A) and (B) 

in February 6, 2012, are 

approvable. These provisions at 

OAC 252:100-8-35 (1)(A) and 

(B) are consistent with the 

federal requirements at 40 CFR 

51.166(k)(1).

The provisions submitted on 

February 6, 2012, at OAC 

252:100-8-35(a)(2), (2)(A) and 

(2)(B) establish the PM2.5 SIL. 

The EPA is severing this 

submitted provision from this 

action and will address in a 

separate rulemaking. Severing 

this provision will have no 

impact on the Oklahoma SIP or 

PSD program because the 

comparable federal 

requirements at 40 CFR 
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Table 29: Evaluation of OAC 252:100-8-35. EPA’s Evaluation

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.

51.166(k)(2) were vacated in 

January 2013; and EPA 

removed these provisions from 

federal regulations on 

December 9, 2013.

New provisions effective June 15, 2006; Submitted July 16, 2010

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. 

The new requirements at OAC 

252:100-8-35(b) are consistent 

with the federal requirements at 

40 CFR 51.166(l). Therefore, 

OAC 252:100-8-35(b) is 

approvable. 

Similar provisions were 

previously SIP-approved at 

OAC 252:100-8-35(e), but 

those have been deleted in this 

submission. Note that the 

ODEQ has included a date of 

January 2, 2006 as the date of 

GAQM that will be used. It is 

the responsibility of the PSD 

Permitting Authority to ensure

that the PSD program is 

updated consistent with federal 

changes to the GAQM.

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

SIP-Approved by EPA on November 26, 2010.

a) Application contents. Any application for a permit 

shall contain, as the Executive Director determines 

appropriate, an evaluation of ambient air quality in the 

Revisions effective June 15, 2006; Submitted July 16, 2010.

c) Air quality analysis.

1) Preapplication analysis.

A. Ambient air quality analysis. Application 

contents. Any application for a permit under this 

The revisions to the application 

requirements at OAC 252:100-

8-35(c)(1)(A) for an ambient 

air quality analysis are 

consistent with the 
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Table 29: Evaluation of OAC 252:100-8-35. EPA’s Evaluation

area that the source or modification would affect for 

each of the following pollutants:

1. for a new source, each regulated pollutant that it 

would have the potential to emit in a significant 

amount;

2. for a major modification, each regulated pollutant 

for which it would result in a significant net 

emissions increase.

Part shall contain, as the Executive Director 

determines appropriate, an analysis evaluation 

of ambient air quality in the area that the major 

stationary source or major modification would 

affect for each of the following pollutants:

i. for a new source, each regulated pollutant 

that it would have the potential to emit in a 

significant amount;

ii. for a major modification, each regulated 

pollutant for which it would result in a 

significant net emissions increase.

B. Monitoring requirements.

i. Non-NAAQS pollutants. For any such 

pollutant for which no NAAQS exists, the 

analysis shall contain such air quality 

monitoring data as the Director determines 

is necessary to assess the ambient air 

quality for that pollutant in that area.

ii. NAAQS pollutants. For visibility and any 

pollutant, other than VOC, for which a 

NAAQS does exist, the analysis shall 

contain continuous air quality monitoring 

data gathered to determine if emissions of 

that pollutant would cause or contribute to 

a violation of the NAAQS or any PSD 

increment.

C. Monitoring method. With respect to any

requirements for air quality monitoring of PM10 under OAC 252:100-8-33(e)(1) and (2) 

252:100-8-33(c)(4) and 252:100-8-33(c)(5), the 

owner or operator of the source or modification 

shall use a monitoring method approved by the 

Executive Director and shall estimate the 

ambient concentrations of PM-10 using the data 

collected by such approved monitoring method 

in accordance with estimating procedures 

approved by the Executive Director.

D. Monitoring period. In general, the The 

required continuous air monitoring data shall 

requirements at 40 CFR 

51.166(m)(1)(i).

The new requirements for 

monitoring at OAC 252:100-8-

35(c)(1)(B) are consistent with 

the requirements at 40 CFR 

51.166(m)(1)(ii) and (iii).

The current SIP includes the 

monitoring methods at OAC 

252:100-8-35(c). The revisions 

submitted July 16, 2010, move 

these revisions to OAC 

252:100-8-35(c)(1)(C). The 

revisions are non-substantive. 

The current SIP includes 

provisions for monitoring 

period at OAC 252:100-8-

35(d)(2). The SIP revision 

submitted July 16, 2010, moved 

these provisions to OAC 

252:100-8-35(c)(1)(D). The 

revised monitoring period 

provisions are consistent with 

40 CFR 51.166(m)(1)(iv). 

Existing SIP-approved 

monitoring period exceptions 

OAC 252:100-8-35(d)(3) have 

been moved to OAC 252:100-

8-35(c)(1)(E) in the July 16, 

2010 submittal. This move is 

approvable.

Existing SIP-approved 

provisions for ozone post-
201

Table 29: Evaluation of OAC 252:100-8-35. EPA’s Evaluation

have been gathered over a for a time period of 

up to one year and shall represent the year 

preceding submission of the application. 

Ambient monitoring data gathered over a 

collected for a time 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 Executive 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 

ambient air quality standard 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 becomes complete except 

for as to the monitoring requirements of 

OAC 252:100-8-35(c)(1)(B)(ii) and 

252:100-8-35(c)(1)(D), 252:100-8-35(b) 

through 252:100-8-35(c) and 252:100-8-

35(d)(2), between June 8, 1981 and 

February 9, 1982, the data that 252:100-8-

35(c)(1)(B)(ii) requires 252:100-8-35(b) 

and 252:100-8-35(c) require shall have 

been gathered over the period from 

February 9, 1981 to the date the application 

became becomes 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.

approval monitoring at OAC 

252:100-8-35(d)(4) have been 

moved to OAC 252:100-8-

35(c)(1)(F) in the July 16, 2010 

submittal. This move is 

approvable.

Existing SIP-approved 

provisions for post-construction 

monitoring at OAC 252:100-8-

35(d)(5) have been moved to 

OAC 252:100-8-35(c)(2) in the 

July 16, 2010 submittal. This 

move is approvable.

Existing SIP-approved 

provisions for operation of 

monitoring stations at OAC 

252:100-8-35(d)(6) have been 

moved to OAC 252:100-8-

35(c)(3) in the July 16, 2010 

submittal. This move is 

approvable.
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Table 29: Evaluation of OAC 252:100-8-35. EPA’s Evaluation

II. If the Executive 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 252:100-8-35(b) and 

252:100-8-35(c) require 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 Executive Director may waive the 

otherwise applicable requirements of 

OAC 252:100-8-35(c)(1)(E)(i) 

252:100-8-35(d)(3)(A) 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. 

For any application that became becomes

complete, except for as to the requirements 

of OAC 252:100-8-35(c)(1)(B)(ii) and 

252:100-8-35(c)(1)(D) 252:100-8-35(b), 

(c) and (d)(2) pertaining to monitoring of 

PM-10, after December l, 1988, and no 

later than August l, 1989, the data that 

252:100-8-35(c)(1)(B)(ii) requires 

252:100-8-35(b) and (c) require 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 Executive 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 that OAC 252:100-8-
203

Table 29: Evaluation of OAC 252:100-8-35. EPA’s Evaluation

35(c)(1)(B)(ii) requires 252:100-8-35(b) 

and 252:100-8-35(c) require shall have 

been gathered over that shorter period.

F. Ozone post-approval monitoring. The owner or 

operator of a proposed major stationary 

application for a source or major modification of 

VOC who volatile organic compounds which

satisfies all conditions of OAC 252:100-8-54and 

40 CFR 51, Appendix S, Section IV as it existing 

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)252:100-8-35.

2) Post-construction monitoring. The owner or 

operator of applicant for a permit for a new major 

stationary source or major modification shall conduct, 

after construction, such ambient monitoring and 

visibility monitoring as the Executive Director 

determines necessary to determine the effect its 

emissions may have, or are having, on air quality in 

any area. (Amended 7-9-87, effective 8-10-87).

3) Operation of monitoring stations. Monitoring 

system operation. The operation of monitoring 

stations for any air quality monitoring required under

this Part 7 of this Subchapter shall meet the 

requirements of 40 CFR 58 Appendix B, as it existed 

January 2, 2006.

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

SIP-Approved by EPA on November 26, 2010.

b) Continuous monitoring data. For visibility and any 

pollutant, other than volatile organic compounds, for 

which an ambient air quality standard exists, the 

evaluation shall contain continuous air quality 

monitoring data gathered to determine whether 

emissions of that pollutant would cause or contribute to 

a violation of the applicable ambient air quality 

standard. For any such pollutant for which a standard 

does not exist, the monitoring data required shall be that 

which the Executive Director determines is necessary to 

Revisions effective June 15, 2006; Submitted July 16, 2010.

Continuous monitoring data. For visibility and any 

pollutant, other than volatile organic compounds, for which 

an ambient air quality standard exists, the evaluation shall 

contain continuous air quality monitoring data gathered to 

determine whether emissions of that pollutant would cause 

or contribute to a violation of the applicable ambient air 

quality standard. For any such pollutant for which a standard 

does not exist, the monitoring data required shall be that 

which the Executive Director determines is necessary to 

assess the ambient air quality for that pollutant in that area.

Deletion is approvable. These 

requirements have been moved 

to new OAC 252:100-8-35(c) 

in the July 26, 2010 submittal.
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Table 29: Evaluation of OAC 252:100-8-35. EPA’s Evaluation

assess the ambient air quality for that pollutant in that 

area.

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

SIP-Approved by EPA on November 26, 2010.

c) Increment consumption. The evaluation shall 

demonstrate that, as of the source's start-up date, the 

increase in emissions from that source, in conjunction 

with all other applicable emissions increases or 

reductions of that source, will not cause or contribute to 

any increase in ambient concentrations exceeding the 

remaining available PSD increment for the specified air 

contaminants as determined by the Executive Director.

Revisions effective June 15, 2006; Submitted July 16, 2010.

Increment consumption. The evaluation shall demonstrate 

that, as of the source's start-up date, the increase in 

emissions from that source, in conjunction with all other 

applicable emissions increases or reductions of that source, 

will not cause or contribute to any increase in ambient 

concentrations exceeding the remaining available PSD 

increment for the specified air contaminants as determined 

by the Executive Director.

Deletion is approvable. This 

requirement is maintained in 

new OAC 252:100-8-35(a) as 

submitted July 16, 2010.

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

SIP-Approved by EPA on November 26, 2010.

d) Monitoring.

1. Monitoring method. With respect to any 

requirements for air quality monitoring of PM-10 

under 252:100-8-33(c)(4) and 252:100-8-33(c)(5), 

the owner or operator of the source or modification 

shall use a monitoring method approved by the 

Executive Director and shall estimate the ambient 

concentrations of PM-10 using the data collected 

by such approved monitoring method in accordance 

with estimating procedures approved by the 

Executive Director.

2. Monitoring period. The required monitoring data 

shall have been gathered for a time period of up to 

one year and shall represent the year preceding 

submission of the application. Ambient monitoring 

data collected for a time 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 Executive 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 ambient air quality standard or 

Revisions effective June 15, 2006; Submitted July 16, 2010.

Monitoring.

1. Monitoring method. With respect to any 

requirements for air quality monitoring of PM-10 

under 252:100-8-33(c)(4) and 252:100-8-33(c)(5), 

the owner or operator of the source or modification 

shall use a monitoring method approved by the 

Executive Director and shall estimate the ambient 

concentrations of PM-10 using the data collected 

by such approved monitoring method in 

accordance with estimating procedures approved 

by the Executive Director.

2. Monitoring period. The required monitoring data 

shall have been gathered for a time period of up to 

one year and shall represent the year preceding 

submission of the application. Ambient monitoring 

data collected for a time 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 Executive 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 ambient air quality standard or 

Existing SIP-approved OAC 

252:100-8-35(d) (1) have been 

moved to OAC 252:100-8-

35(c)(1)(C) in the July 16, 2010 

submittal. This deletion is 

approvable.

Existing SIP-approved OAC 

252:100-8-35(d)(2) have been 

moved to OAC 252:100-8-

35(c)(1)(D) in the July 16, 2010 

submittal. This deletion is 

approvable.

Existing SIP-approved OAC 

252:100-8-35(d)(3) have been 

moved to OAC 252:100-8-

35(c)(1)(E) in the July 16, 2010 

submittal. This deletion is 

approvable.

Existing SIP-approved OAC 

252:100-8-35(d)(4) have been 

moved to OAC 252:100-8-

35(c)(1)(F) in the July 16, 2010 

submittal. This deletion is 

approvable.
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Table 29: Evaluation of OAC 252:100-8-35. EPA’s Evaluation

consume more than the remaining available PSD 

increment.

3. Monitoring period exceptions.

A. For any application which becomes complete 

except as to the monitoring requirements of 

252:100-8-35(b) through 252:100-8-35(c) and 

252:100-8-35(d)(2), between June 8, 1981 and 

February 9, 1982, the data that 252:100-8-

35(b) and 252:100-8-35(c) require shall have 

been gathered over the period from February 9, 

1981 to the date the application becomes 

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 Executive 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 252:100-8-35(b) and 

252:100-8-35(c) require 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 Executive 

Director may waive the otherwise applicable 

requirements of 252:100-8-35(d)(3)(A) to 

the extent that the applicant shows that the 

monitoring data would be unrepresentative 

of air quality over a full year.

B. For any application that becomes complete, 

except as to the requirements of 252:100-8-

35(b), (c) and (d)(2) pertaining to monitoring 

of PM-10, after December l, 1988 and no later 

than August l, 1989, the data that 252:100-8-

consume more than the remaining available PSD 

increment.

3. Monitoring period exceptions.

A. For any application which becomes complete 

except as to the monitoring requirements of 

252:100-8-35(b) through 252:100-8-35(c) and 

252:100-8-35(d)(2), between June 8, 1981 and 

February 9, 1982, the data that 252:100-8-

35(b) and 252:100-8-35(c) require shall have 

been gathered over the period from February 9, 

1981 to the date the application becomes 

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 Executive 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 252:100-8-35(b) and 

252:100-8-35(c) require 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 Executive 

Director may waive the otherwise applicable 

requirements of 252:100-8-35(d)(3)(A) to

the extent that the applicant shows that the 

monitoring data would be unrepresentative 

of air quality over a full year.

B. For any application that becomes complete, 

except as to the requirements of 252:100-8-

35(b), (c) and (d)(2) pertaining to monitoring 

of PM-10, after December l, 1988 and no later 

than August l, 1989, the data that 252:100-8-

Existing SIP-approved OAC 

252:100-8-35(d)(5) have been 

moved to OAC 252:100-8-

35(c)(2) in the July 16, 2010 

submittal. This deletion is 

approvable.

Existing SIP-approved OAC 

252:100-8-35(d)(6) have been 

moved to OAC 252:100-8-

35(c)(3) in the July 16, 2010 

submittal. This deletion is 

approvable.
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35(b) and (c) require 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 Executive 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 that 252:100-8-35(b) and 

252:100-8-35(c) require shall have been 

gathered over that shorter period.

4. Ozone post-approval monitoring. The application 

for a source or modification of volatile organic 

compounds which satisfies all conditions of 

252:100-8-54 may provide post-approval 

monitoring data for ozone in lieu of providing 

preconstruction data as required under 252:100-8-

35.

5. Post-construction monitoring. The applicant for a 

permit for a new source or modification shall 

conduct, after construction, such ambient 

monitoring and visibility monitoring as the 

Executive Director determines necessary to 

determine the effect its emissions may have, or are 

having, on air quality in any area. (Amended 7-9-

87, effective 8-10-87)

6. Monitoring system operation. The operation of 

monitoring stations for any air quality monitoring 

required under Part 7 of this Subchapter shall meet 

the requirements of 40 CFR 58 Appendix B.

35(b) and (c) require 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 Executive 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 that 252:100-8-35(b) and 

252:100-8-35(c) require shall have been 

gathered over that shorter period.

4. Ozone post-approval monitoring. The application 

for a source or modification of volatile organic 

compounds which satisfies all conditions of 

252:100-8-54 may provide post-approval 

monitoring data for ozone in lieu of providing 

preconstruction data as required under 252:100-8-

35.

5. Post-construction monitoring. The applicant for a 

permit for a new source or modification shall 

conduct, after construction, such ambient 

monitoring and visibility monitoring as the 

Executive Director determines necessary to 

determine the effect its emissions may have, or are 

having, on air quality in any area. (Amended 7-9-

87, effective 8-10-87)

6. Monitoring system operation. The operation of 

monitoring stations for any air quality monitoring 

required under Part 7 of this Subchapter shall meet 

the requirements of 40 CFR 58 Appendix B.

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

SIP-Approved by EPA on November 26, 2010.

e) Air quality models.

1. Any air quality dispersion modeling that is required 

under Part 7 of this Subchapter for estimates of 

ambient concentrations shall be based on the 

applicable air quality models, data bases and other 

requirements specified in the Guidelines on Air 

Quality Models, OAQPS 1.2-080, U.S. 

Revisions effective June 15, 2006; Submitted July 16, 2010.

Air quality models.

1. Any air quality dispersion modeling that is required 

under Part 7 of this Subchapter for estimates of 

ambient concentrations shall be based on the 

applicable air quality models, data bases and other 

requirements specified in the Guidelines on Air 

Quality Models, OAQPS 1.2-080, U.S. Environmental 

Protection Agency, April, 1978 and subsequent 

revisions.

Deletion is approvable. 

Requirements have been moved 

to new OAC 252:100-8-35(b) 

in the July 16, 2010 submittal.
207

Table 29: Evaluation of OAC 252:100-8-35. EPA’s Evaluation

Environmental Protection Agency, April, 1978 and 

subsequent revisions.

2. Where an air quality impact model specified in the 

Guidelines on Air Quality Models is inappropriate, 

the model may be modified or another model 

substituted, as approved by the Executive Director. 

Methods like those outlined in the Workbook for 

the Comparison of Air Quality Models, U.S. 

Environmental Protection Agency, April, 1977 and 

subsequent revisions, can be used to determine the 

comparability of air quality models.

2. Where an air quality impact model specified in the 

Guidelines on Air Quality Models is inappropriate, the 

model may be modified or another model substituted, 

as approved by the Executive Director. Methods like 

those outlined in the Workbook for the Comparison of 

Air Quality Models, U.S. Environmental Protection 

Agency, April, 1977 and subsequent revisions, can be 

used to determine the comparability of air quality 

models.

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

SIP-Approved by EPA on November 26, 2010.

f) Growth analysis. Upon request of the Executive 

Director the permit application shall provide 

information on the nature and extent of any or all

general commercial, residential, industrial and other 

growth which has occurred since August 7, 1977 in the 

area the source or modification would affect. The permit 

application shall also contain an analysis of the air 

quality impact projected for the area as a result of 

general commercial, residential and other growth 

associated with the source or modification.

Revisions effective June 15, 2006; Submitted July 16, 2010.

Growth analysis. Upon request of the Executive Director 

the permit application shall provide information on the 

nature and extent of any or all general commercial, 

residential, industrial and other growth which has occurred 

since August 7, 1977 in the area the source or modification 

would affect. The permit application shall also contain an

analysis of the air quality impact projected for the area as a 

result of general commercial, residential and other growth 

associated with the source or modification.

This deletion is approvable. 

The requirement is now at 

OAC 252:100-8-35.2(a) and 

(b).

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

SIP-Approved by EPA on November 26, 2010.

g) Visibility and other impacts analysis. The permit 

application shall provide an analysis of the impairment 

to visibility, soils and vegetation as a result of the 

source or modification. The Executive Director may 

require monitoring of visibility in any Federal Class I 

area near the proposed new stationary source or major 

modification for such purposes and by such means as 

the Executive Director deems necessary and 

appropriate.

Revisions effective June 15, 2006; Submitted July 16, 2010.

Visibility and other impacts analysis. The permit 

application shall provide an analysis of the impairment to 

visibility, soils and vegetation as a result of the source or 

modification. The Executive Director may require 

monitoring of visibility in any Federal Class I area near the 

proposed new stationary source or major modification for 

such purposes and by such means as the Executive Director 

deems necessary and appropriate.

This deletion is approvable. 

The requirement is now at 

OAC 252:100-8-35.2(b).
208

10. Evaluation of OAC 252:100-8-35.1. Source Information.

Background of OAC 252:100-8-35.1. Source Information.

• The Oklahoma SIP does not include OAC 252:100-8-35.1.

• ODEQ has submitted one revision to the Oklahoma SIP for the PSD program establishing OAC 252:100-8-35.1 for Source 

Information:

o Revisions effective June 15, 2006, submitted July 16, 2010.

The following table includes EPA’s evaluation of the revisions to OAC 252:100-8-35.1.

Table 30: Evaluation of OAC 252:100-8-35.1. Source Information. EPA’s Evaluation

New provisions effective June 15, 2006; Submitted July 16, 2010.

a) The permit application for a proposed new major stationary source or major modification subject to 

this Part shall contain the construction permit application content required in OAC 252:100-8-4.

EPA SIP-approved the requirements of OAC 

252:100-8-4 as effective on June 11, 2001. See 75 

FR 72695 on November 26, 2010. OAC 252:100-

8-4, requires that no person shall begin actual 

construction or installation of any new source that 

will require a Part 70 Operating permit without 

first obtaining an ODEQ construction permit. 

Because a PSD permit is an applicable 

requirement under Part 70, it is sufficient that the 

source information requirements at OAC 252:100-

8-35.1 reference OAC 252:100-8-4. Further, the 

requirements at SIP-approved OAC 252:100-8-4, 

refer to the application requirements SIP-approved 

at OAC 252:100-8-5 for construction permits. 

OAC 252:100-8-35.1(a) requires that an applicant 

meet the requirements of OAC 252:100-8-4, and 

100-8-5. The application requirements for a 

construction permit at OAC 252:100-8-5, require 

that an applicant submit information including but 

not limited to site information, process description, 

emission data, BACT determination, modeling and 

sampling point data.
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Table 30: Evaluation of OAC 252:100-8-35.1. Source Information. EPA’s Evaluation

The provisions adopted at OAC 252:100-8-35.1(a) 

are consistent with the intent of the source 

information requirements of 40 CFR 51.166(n)(1). 

These provisions are approvable.

New provisions effective June 15, 2006; Submitted July 16, 2010.

b) In addition to the requirements of OAC 252:100-8-35.1(a), the owner or operator of a proposed new 

major stationary source or major modification subject to this Part shall supply the following 

information in the permit application.

1) The owner or operator of a proposed source or modification shall submit all information 

necessary to perform any analysis or make any determination required under this Part.

2) The permit application shall contain a detailed description of the system of continuous emission 

reduction planned for the source or modification, emission estimates, and any other information 

necessary to determine that BACT as applicable would be applied.

3) Upon request of the Director, the owner or operator shall also provide information on:

A. The air quality impact of the source or modification, including meteorological and 

topographical date necessary to estimate such impact; and

B. The air quality impacts and the nature and extent of any or all general commercial, 

residential, industrial, and other growth which has occurred since August 7, 1977, in the 

area the source or modification would affect.

The provisions adopted at OAC 252:100-8-35.1(b) 

along with the existing SIP provisions for 

construction permit applications and application 

content, are consistent with the intent of the source 

information requirements at 40 CFR 51.166(n)(2) 

and (n)(3).

The provisions adopted at OAC 252:100-8-35.1(b)

effective on June 15, 2006, are approvable.
210

11. Evaluation of OAC 2520-8-35.2. Additional Impact Analyses.

Background of OAC 252:100-8-35.2. Additional Impact Analyses.

• The Oklahoma SIP does not include OAC 252:100-8-35.2.

• ODEQ has submitted one revision to the Oklahoma SIP for the PSD program establishing OAC 252:100-8-35.2 for Additional 

Impact Analyses:

o Revisions effective June 15, 2006, submitted July 16, 2010.

The following table includes EPA’s evaluation of the revisions to OAC 252:100-8-35.2.

Table 31: Evaluation of OAC 252:100-8-35.2. Additional Impact Analyses. EPA’s Evaluation

New provisions effective June 15, 2006; Submitted July 16, 2010.

a) Growth analysis. The permit application shall provide an analysis of the projected air quality 

impact and impairment to visibility, soils, and vegetation as a result of the source or modification 

and general commercial, residential, industrial, and other growth associated with the source or 

modification.

New OAC 252:100-8-35.2 effective July 15, 2006, 

submitted July 16, 2010, is approvable. This 

provision is consistent with 40 CFR 51.166(o)(1) 

and (2).

Previously SIP-approved language addressing 

growth analyses at OAC 252:100-8-35(f) and (g) 

was deleted and replaced by the new language at 

OAC 252:100-8-35.2(a). 

New provisions effective June 15, 2006; Submitted July 16, 2010.

b) Visibility monitoring. The Director may require monitoring of visibility in any Federal Class I area 

near the proposed new stationary source or major modification for such purposes and by such means 

as the Director deems necessary and appropriate.

New OAC 252:100-8-35.2 effective July 15, 2006; 

submitted July 16, 2010 is approvable. This 

language was previously SIP-approved at OAC 

252:100-8-35(g), but was deleted and moved in 

2006. The ODEQ has adopted this provision so 

that the ODEQ can require additional visibility 

monitoring near any Class I area if deemed 

necessary by the ODEQ director. This provision is 

an appropriate exercise in director discretion b/c 

the ODEQ Director will require an additional 

analysis to be protective of air quality.
211

12. Evaluation of OAC 252:100-8-36. Source Impacting Class I Areas.

Background of OAC 252:100-8-36. Source Impacting Class I Areas.

• The Oklahoma SIP includes OAC 252:100-8-36, as adopted by the ODEQ on June 15, 1998, effective on June 25, 1998. EPA 

approved this provision on November 26, 2010. See 75 FR 72695.

• ODEQ has submitted one revision to the Oklahoma SIP for the PSD program for Sources Impacting Class I Areas.

o Revisions effective June 15, 2006; submitted July 16, 2010.

The following table includes EPA’s evaluation of the revisions to OAC 252:100-8-36.

Table 32: Evaluation of OAC 252:100-8-36. Source Impacting Class I Areas. EPA’s Evaluation

OAC 252:100-8-36. Source Impacting Class I 

Areas.

SIP Approved 11/26/2010. See 75 FR 72695.

a) Permits issuance. Permits may be issued at 

variance to the limitations imposed on a Class 

I area in compliance with the procedures and 

limitations established in State and Federal 

Clean Air Acts.

Revisions effective June 15, 2006; Submitted July 

16, 2010.

a) Class I area variance. Permits issuance.

Permits may be issued at variance to the 

limitations imposed on a Class I area in 

compliance with the procedures and 

limitations established in State and Federal 

Clean Air Acts.

Consistent with provisions for variances at 40 CFR 

51.166(p)(4). Any variance issued by the ODEQ 

will be limited by federal CAA requirements.

Revisions are approvable.

OAC 252:100-8-36. Source Impacting Class I 

Areas.

SIP Approved 11/26/2010. See 75 FR 72695.

b) Impact analysis required. The permit 

application for a proposed new source or 

modification will contain an analysis on the 

impairment of visibility and an assessment of 

any anticipated adverse impacts on soils and 

vegetation in the vicinity of the source 

resulting from construction of the source. The 

Executive Director shall notify the appropriate 

Federal Land Manager of the receipt of any 

such analysis and include a complete copy of 

Revisions effective June 15, 2006; Submitted July 

16, 2010.

b) Notice to Federal Land Managers. Impact 

analysis required. The permit application for 

a proposed new source or modification will 

contain an analysis on the impairment of 

visibility and an assessment of any anticipated 

adverse impacts on soils and vegetation in the 

vicinity of the source resulting from 

construction of the source. 

1) The Executive Director shall notify the 

appropriate any affected Federal Land 

Manager of the receipt of any such 

Revisions are approvable. 

The FLM under 40 CFR 51.166(p) must be 

consulted. The revisions to OAC 252:100-8-36(b) 

specify the timeframe in which the FLM will be 

notified of permit applications.
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Table 32: Evaluation of OAC 252:100-8-36. Source Impacting Class I Areas. EPA’s Evaluation

the permit application. Any analysis 

performed by the Land Manager shall be 

considered by the Executive Director provided 

that the analysis is filed with the DEQ within 

30 days of receipt of the application by the 

Land Manager. Where the Executive Director 

finds that such an analysis does not 

demonstrate to the satisfaction of the 

Executive Director that an adverse impact on 

visibility will result in the Federal Class I area, 

the Executive Director will, in any notice of 

public hearing on the permit application, either 

explain his decision or give notice as to where 

the explanation can be obtained. Further, upon 

presentation of good and sufficient 

information by a Federal Land Manager, the 

Executive Director may deny the issuance of a 

permit for a source, emissions from which will 

adversely impact areas heretofore or hereafter 

categorized as Class I areas even though the 

emissions would not cause the increment for 

such Class I areas to be exceeded.

analysis permit application for a proposed 

major stationary source or major 

modification, emissions from which may 

affect a Class I area. Such notification

must be made in writing within 30 days of 

receipt of an application for a permit to 

construct and at least 60 days prior to 

public hearing on the application. The 

notification must and include a complete 

copy of the permit application. The 

Director shall also notify any affected 

Federal Land Manager within 30 days of 

receipt of any advance notification of 

such permit application. Any analysis 

performed by the Land Manager shall be 

considered by the Executive Director 

provided that the analysis is filed with the 

DEQ within 30 days of receipt of the 

application by the Land Manager. Where 

the Executive Director finds that such an 

analysis does not demonstrate to the 

satisfaction of the Executive Director that 

an adverse impact on visibility will result 

in the Federal Class I area, the Executive 

Director will, in any notice of public 

hearing on the permit application, either 

explain his decision or give notice as to 

where the explanation can be obtained. 

Further, upon presentation of good and 

sufficient information by a Federal Land 

Manager, the Executive Director may 

deny the issuance of a permit for a source, 

emissions from which will adversely 

impact areas heretofore or hereafter 

categorized as Class I areas even though 

the emissions would not cause the 

increment for such Class I areas to be 

exceeded.
213

Table 32: Evaluation of OAC 252:100-8-36. Source Impacting Class I Areas. EPA’s Evaluation

2) The permit application will contain an 

analysis on the impairment of visibility 

and an assessment of any anticipated 

adverse impacts on soils and vegetation in 

the vicinity of the source resulting from 

construction of the source.

New provisions effective June 15, 2006; Submitted July 16, 2010.

c) Visibility analysis. Any analysis performed by the Federal Land Manager shall be considered by the 

Director provided that the analysis is filed with the DEQ within 30 days of receipt of the application 

by the Federal land manager. Where the Director finds that such an analysis does not demonstrate to 

the satisfaction of the Director that an adverse impact on visibility will result in the Federal Class I 

area, the Director will, in any notice of public hearing on the permit application, either explain the 

decision or give notice as to where the explanation can be obtained.

Consistent with 40 CFR 51.166(p)(2) and (3). The 

FLM is charged with the affirmative responsibility 

to protect the air quality related values, including 

visibility. The FLM submits the analysis to the 

ODEQ and the ODEQ will review the materials. If 

the state does not concur with the FLM analysis, 

the state can issue the permit.

New provisions effective June 15, 2006; Submitted July 16, 2010.

d) Permit denial. Upon presentation of good and sufficient information by a Federal Land Manager, 

the Director may deny the issuance of a permit for a source, if the emissions will adversely impact 

areas categorized as Class I areas even though the emissions would not cause the increment for such 

Class I areas to be exceeded.

Consistent with 40 CFR 51.166(p)(3). This is 

approvable.
214

13. Evaluation of OAC 252:100-8-36.2. Source Obligation.

Background of OAC 252:100-8-36.2. Source Obligation.

• The Oklahoma SIP does not include OAC 252:100-8-36.12

• ODEQ has submitted one revision to the Oklahoma SIP for the PSD Program Source Obligation.

o Revisions effective June 15, 2006; submitted July 16, 2010.

The following table includes EPA’s evaluation of the revisions to OAC 252:100-8-36.2.

Table 33: Evaluation of OAC 252:100-8-36.2. Source Obligation. EPA’s Evaluation

New provisions effective June 15, 2006; Submitted July 16, 2010.

a) Obtaining and complying with preconstruction permits. Any owner or operator who constructs 

or operates a source or modification not in accordance with the application submitted pursuant to 

this Part or with the Terms of any approval to construct, or any owner or operator of a source or 

modification subject to this Part who commences construction after the effective date of these 

regulations without applying for and receiving approval hereunder, shall be subject to appropriate 

enforcement action.

The new provisions for source obligation at OAC 

252:100-8-36.2(a), effective June 15, 2006, 

submitted July 16, 2010, are approvable. This 

provision is consistent with the federal 

requirements at 40 CFR 51.166(r)(1).

New provisions effective June 15, 2006; Submitted July 16, 2010.

b) Consequences of relaxation of permit requirements. When a source or modification becomes 

major solely by virtue of a relaxation in any enforceable permit limitation established after August 7, 

1980, on the capacity of the source or modification to emit a pollutant, such as a restriction on hours 

of operation, then the requirements of OAC 252:100-8,l Parts 1, 3, 5, and 7 and OAC 252:100-8-34 

through 252:100-8-37 shall apply to that source or modification as though construction had not yet 

commenced.

OAC 252:100-8-36.2adopted and effective on June 

15, 2006, are consistent with the source obligation 

provisions at 40 CFR 51.166(r)(2).

The provisions at OAC 252:100-8-36.2 are 

approvable.

New provisions effective June 15, 2006; Submitted July 16, 2010.

c) Requirements when using projected actual emissions. The following specific provisions apply to 

projects at existing emission units at a major stationary source (other than projects at a source with a 

PAL) when the owner or operator elects to use the method specified in (B)(i) through (iii) of the 

definition of “projected actual emissions” for calculating projected actual emissions.

1) Before beginning actual construction of the project, the owner or operator shall document and 

maintain a record of the following information:

A. A description of the project;

B.Identification of the existing emissions unit(s) whose emissions of a regulated NSR pollutant 

could be affected by the project; and

The new provisions at OAC 252:100-8-36.2(c) are 

consistent with the requirements at 40 CFR 

51.166(r)(6). Note that the Oklahoma PSD

program does not include the reasonable 

possibility provisions at 40 CFR 51.166(r)(6)(vi). 

Rather, the Oklahoma PSD program requires all 

sources using the “projected actual emissions” 

methodology to maintain records consistent with 

40 CFR 51.166(r)(6). This is more stringent than 

federal requirements and is therefore approvable.
215

Table 33: Evaluation of OAC 252:100-8-36.2. Source Obligation. EPA’s Evaluation

C.A description of the applicability test used to determine that the project is not a major 

modification for any regulated NSR pollutant, including the baseline actual emissions, the 

projected actual emissions, the amount of emissions excluded under (B)(iii) of the definition of 

"projected actual emissions" and an explanation for why such amount was excluded, and any 

netting calculations, if applicable.

2) If the emissions unit is an existing EUSGU, before beginning actual construction, the owner or 

operator shall provide a copy of the information set out in OAC 252:100-8-36,2(c)(l) to the 

Director, Nothing in OAC 252: 100-8-36.2(c)(2) shall be construed to require the owner or 

operator of such a unit to obtain any determination from the Director before beginning actual 

construction.

3) The owner or operator shall monitor the emissions of any regulated NSR pollutant that could 

increase as a result of the project and that is emitted by any emissions unit identified in OAC 

252: 100-8-36.2(c)(l)(B); and calculate and maintain a record of the annual emissions, in TPY 

on a calendar year basis, for a period of 5 years following resumption of regular operations after 

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

change if the project increases the design capacity or potential to emit of that regulated NSR 

pollutant at such emissions unit.

4) If the unit is an existing EUSGU, the owner or operator shall submit a report to the Director 

within 60 days after the end of each year during which records must be generated under OAC 

252: 100-8-36.2(c)(3) setting out the unit's annual emissions during the calendar year that 

preceded submission of the report.

5) If the unit is an existing unit other than an EUSGU, the owner or operator shall submit a report 

to the Director if the annual emissions, in TPY, from the project identified in OAC 252: 100-8-

36.2(c)(l), exceed the baseline actual emissions (as documented and maintained pursuant to 252: 

100-8-36,2(c)(l)(C)) by an amount that is significant for that regulated NSR pollutant, and if 

such emissions differ from the preconstruction projection as documented and maintained 

pursuant to 252: 100-8-36.2(c)(l)(C). Such report shall be submitted to the Director within 60 

days after the end of such year. The report shall contain the following:

A. The name, address and telephone number of the major stationary source;

B. The annual emissions as calculated pursuant to OAC 252:100-8-36.2(c)(3); and

C. Any other information that the owner or operator wishes to include in the report (e. g.. 

an explanation as to why the emissions differ from the preconstruction projection).

6) The owner or operator of the source shall make the information required to be documented and 

maintained pursuant to OAC 252:100-8-36.2(c) available for review upon request for inspection 

by the Director or the general public.

7) The requirements of OAC 252:100-8-34 through 252: 100-8-36.2 shall apply as if construction 

has not yet commenced at any time that a project is determined to be a major modification 

based on any credible evidence, including but not limited to emissions data produced after the 

The new provisions are approvable.
216

Table 33: Evaluation of OAC 252:100-8-36.2. Source Obligation. EPA’s Evaluation

project is completed. In any such case, the owner or operator may be subject to enforcement for 

failure to obtain a PSD permit prior to beginning actual construction.

8) If an owner or operator materially fails to comply with the provisions of OAC 252:100-8-

36.2(c), then the calendar year emissions are presumed to equal the source's potential to emit.

The new provisions for PSD Source Obligations at OAC 252:100-8-36.2 are approvable as consistent with federal requirements.
217

14. Evaluation of OAC 252:100-8-37. Innovative Control Technology.

Background of OAC 252:100-8-37. Innovative Control Technology.

• The Oklahoma SIP includes OAC 252:100-8-37, as adopted by the ODEQ on June 15, 1998, effective on June 25, 1998. EPA 

approved this provision on November 26, 2010. See 75 FR 72695.

• ODEQ has submitted two revisions to the Oklahoma SIP for the PSD program for Innovative Control Technology.

o Revisions effective June 15, 2006; submitted July 16, 2010, and

o Revisions effective June 1, 2009, submitted June 24, 2010.

The following table includes EPA’s evaluation of the revisions to OAC 252:100-8-37.

Table 34: Evaluation of OAC 252:100-8-37. Innovative Control Technology. EPA’s Evaluation

SIP-Approved OAC 252:100-8-37.

a) An applicant for a permit for a proposed major 

source or modification may request the 

Executive Director in writing to approve a 

system of innovative control technology.

Revisions effective June 15, 2006; Submitted July 

16, 2010

a) An applicant for a permit for a proposed major 

stationary source or major modification may 

request the Executive Director in writing to 

approve a system of innovative control 

technology.

The revisions made to OAC 252:100-8-37(a) are

consistent with the general provisions for 

innovative control technology. The revisions made 

to the SIP-approved language are non-substantive 

in nature and clarify that the innovative control 

technology is only available for major stationary 

sources or major modifications.

The revisions effective June 15, 2006, are 

approvable. 

SIP-Approved OAC 252:100-8-37.

b) The Executive Director may determine that 

the innovative control technology is 

permissible if:

1) The proposed control system would not 

cause or contribute to an unreasonable risk 

to public health, welfare or safety in its 

operation or function.

2) The applicant agrees to achieve a level of 

continuous emissions reductions equivalent 

to that which would have been required for 

best available control technology under 

Revisions effective June 15, 2006; Submitted July 

16, 2010

b) The Executive Director may determine that the 

innovative control technology is permissible if:

1) The proposed control system would not 

cause or contribute to an unreasonable risk to 

public health, welfare or safety in its 

operation or function.

2) The applicant agrees to achieve a level of 

continuous emissions reductions equivalent 

to that which would have been required for 

BACT best available control technology

The revisions made to OAC 252:100-8-37(b) are 

consistent with 40 CFR 51.166(s)(2). The June 15, 

2006, revisions substantively revise the innovative 

control technology provisions to add new section 

OAC 252:100-8-37(b)(6) consistent with 40 CFR 

51.166(s)(2)(vi). The June 15, 2006, revisions also 

update cross-references to other portions of the 

Oklahoma PSD program.

The revisions effective June 15, 2006, are 

approvable.
218

Table 34: Evaluation of OAC 252:100-8-37. Innovative Control Technology. EPA’s Evaluation

252:100-8-34 by a date specified by the 

Executive Director. Such date shall not be 

later than 4 years from the time of start-up 

or 7 years from permit issuance.

3) The source or modification would meet 

the requirements equivalent to those in Parts 

1 and 5 of this Subchapter and 252:100-8-36 

based on the emissions rate that the source 

employing the system of innovative control 

technology would be required to meet on the 

date specified by the Executive Director.

4) The source or modification would not, 

before the date specified, cause or contribute 

to any violation of the applicable ambient 

air standards, or impact any Class I area 

where an applicable increment is known to 

be violated.

5) All other applicable requirements 

including those for public review have been 

met.

under OAC 252:100-8-34(b)(1) 252:100-8-

34 by a date specified by the Executive 

Director. Such date shall not be late r than 4 

years from the time of start-up or 7 years 

from permit issuance.

3) The source or modification would meet 

the requirements equivalent to those in Parts 

1 and 5 of this Subchapter and 252:100-8-36

OAC 252:100-8-34 and 252:100-8-35(a) 

based on the emissions rate that the 

stationary source employing the system of 

innovative control technology would be 

required to meet on the date specified by the 

Executive Director.

4) The source or modification would not, 

before the date specified, cause or contribute 

to any violation of the applicable ambient 

air standards NAAQS, or impact any Class I 

area where an applicable increment is 

known to be violated.

5) All other applicable requirements 

including those for public participation

review have been met.

6) The provisions of OAC 252:100-8-36 

(relating to Class I areas) have been satisfied 

with respect to all periods during the life of 

the source or modification.

SIP-Approved OAC 252:100-8-

37.

c) The Executive Director 

shall withdraw approval to 

employ a system of 

innovative control 

technology made under 

252:100-8-37, if:

1)The proposed system fails 

by the specified date to 

Revisions effective June 15, 

2006; Submitted July 16, 2010

c) The Executive Director shall 

withdraw approval to 

employ a system of 

innovative control 

technology made under 

OAC 252:100-8-37, if:

1)The proposed system fails 

by the specified date to 

Revisions effective June 1, 2009; 

Submitted June 24, 2010

c) The Director shall withdraw 

approval to employ a 

system of innovative 

control technology made 

under OAC 252:100-8-37, 

if:

a. The proposed system fails 

by the specified date to 

The revisions to OAC 252:100-8-37(c) are 

consistent with the requirements of 40 CFR 

51.166(s)(3). The revisions made to the SIPapproved language are non-substantive in nature, 

serving to clarify citations and correct the title for 

the ODEQ Director.

The revisions effective June 15, 2006 and June 1, 

2009 are approvable.
219

Table 34: Evaluation of OAC 252:100-8-37. Innovative Control Technology. EPA’s Evaluation

achieve the required 

continuous reduction rate; 

or,

2)The proposed system fails 

before the specified date 

so as to contribute to an 

unreasonable risk to 

public health, welfare or 

safety; or,

3)The Executive Director 

decides at any time that 

the proposed system is 

unlikely to achieve the 

required level of control 

or to protect the public 

health, welfare, or safety.

achieve the required 

continuous reduction rate; 

or,

2)The proposed system fails 

before the specified date 

so as to contribute to an 

unreasonable risk to 

public health, welfare or 

safety; or,

3)The Executive Director 

decides at any time that 

the proposed system is 

unlikely to achieve the 

required level of control 

or to protect the public 

health, welfare, or safety.

achieve the required 

continuous emissions 

reduction rate; or,

b.The proposed system fails 

before the specified date 

so as to contribute to an 

unreasonable risk to 

public health, welfare or 

safety; or,

c. The Director decides at 

any time that the proposed 

system is unlikely to 

achieve the required level 

of control or to protect the 

public health, welfare, or 

safety.

SIP-Approved OAC 252:100-8-37.

d) If a source or modification fails to meet the 

required level of continuous emissions 

reduction within the specified time period, or 

if the approval is withdrawn in accordance 

with 252:100-8-37(c), the source or 

modification may be allowed up to an 

additional 3 years to meet the requirement for 

application of best available control 

technology through the use of a demonstrated 

system of control.

Revisions effective June 15, 2006

Submitted July 16, 2010

d) If a source or modification fails to meet the 

required level of continuous emissions 

reduction within the specified time period, or 

if the approval is withdrawn in accordance 

with OAC 252:100-8-37(c), the Director may 

allow the source or modification may be 

allowed up to an additional 3 years to meet 

the requirement for application of BACT best 

available control technology through the use 

of a demonstrated system of control.

The revisions to OAC 252:100-8-37(d) are 

consistent with the requirements of 40 CFR 

51.166(s)(4). The revisions made to the SIPapproved language clarify citations, add acronyms 

and specify that the ODEQ Director is the decision 

maker in the permitting decisions.

The revisions effective June 15, 2006 are 

approvable.

The revised provisions for PSD Innovative Control Technology at OAC 252:100-8-37 are approvable as consistent with federal 

requirements.
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15. Evaluation of OAC 252:100-8-38. Actuals PALs.

Background of OAC 252:100-8-38. Actuals PALs.

• The Oklahoma SIP does not include OAC 252:100-8-38.

• ODEQ has submitted two revisions to the Oklahoma SIP PSD program for Actuals PALs.

o Revisions effective June 15, 2006; submitted July 16, 2010, and

o Revisions effective June 1, 2009, submitted June 24, 2010.

The following table includes EPA’s evaluation of the revisions to OAC 252:100-8-38.

Table 35: Evaluation of OAC 252:100-8-38. Actuals PALs. EPA’s Evaluation

New revisions effective June 15, 2006; Submitted 

July 16, 2010.

a) Incorporation by reference. With the 

exception of the definitions in OAC 252:100-

8-38(c), 40 CFR 51.166(w), Actuals PALs, is 

hereby incorporated by reference as it exists 

on January 2, 2006, and does not include any 

subsequent amendments or editions to the 

referenced material.

b) Inclusion of CFR citations and definitions. 

When a provision of Title 40 of the Code of 

Federal Regulations (40 CFR) is incorporated 

by reference, all citations contained therein are 

also incorporated by reference.

c) Terminology related to 40 CFR 51.166(w). 

For purposes of interfacing with 40 CFR, the 

following terms apply.

1) “Baseline actual emissions” is synonymous 

with the definition of “baseline actual 

emissions” in OAC 252:100-8-31.

2) “Building, structure, facility or installation” 

is synonymous with the definition of 

“building, structure, facility or 

installation” in OAC 252:100-1-3.

3) “EPA” is synonymous with Department of 

Environmental Quality (DEQ).

Revisions effective June 1, 2009; Submitted June 

24, 2010.

a) Incorporation by reference. With the 

exception of the definitions in OAC 252:100-

8-38(c), 40 CFR 51.166(w), Actuals PALs, is 

hereby incorporated by reference as it exists 

on July 2, 2007, January 2, 2006, and does not 

include any subsequent amendments or 

editions to the referenced material.

b) Inclusion of CFR citations and definitions. 

When a provision of Title 40 of the Code of 

Federal Regulations (40 CFR) is incorporated 

by reference, all citations contained therein are 

also incorporated by reference.

c) Terminology related to 40 CFR 51.166(w). 

For purposes of interfacing with 40 CFR, the 

following terms apply.

1) “Baseline actual emissions” is synonymous 

with the definition of “baseline actual 

emissions” in OAC 252:100-8-31.

2) “Building, structure, facility or installation” 

is synonymous with the definition of 

“building, structure, facility or 

installation” in OAC 252:100-1-3.

New section OAC 252:100-8-38 for “actuals 

PALs” was effective June 15, 2006, submitted on 

July 16, 2010; with revisions effective June 1, 

2009, submitted on June 24, 2010. This new 

section incorporates by reference the actuals PALs 

provisions at 40 CFR 51.166(w) as in effect on 

July 2, 2007.

This new section is approvable. 

Note that as an artifact of the incorporation by

reference of the actuals PALs provisions as of July 

2, 2007, the Oklahoma PSD program does not 

have the authority to issue GHG PALs on a CO2e 

basis.
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Table 35: Evaluation of OAC 252:100-8-38. Actuals PALs. EPA’s Evaluation

4) “Major modification” is synonymous with 

the definition of “major modification” in 

OAC 252:100-8-31.

5) “Net emissions increase” is synonymous 

with the definition of “net emissions 

increase” in OAC 252:100-8-31.

6) “Reviewing authority” is synonymous with 

“Director”.

7) “State implementation plan” is synonymous 

with OAC 252:100.

8) “Volatile organic compound (VOC)” is 

synonymous with the definition of 

“volatile organic compound” or “VOC” in 

OAC 252:100-1-3.

3) “EPA” is synonymous with Department of 

Environmental Quality (DEQ) unless 

context clearly indicates otherwise.

4) “Major modification” is synonymous with 

the definition of “major modification” in 

OAC 252:100-8-31.

5) “Net emissions increase” is synonymous 

with the definition of “net emissions 

increase” in OAC 252:100-8-31.

6) “Reviewing authority” is synonymous with 

“Director”.

7) “State implementation plan” is synonymous 

with OAC 252:100.

8) “Volatile organic compound (VOC)” is 

synonymous with the definition of 

“volatile organic compound” or “VOC” in 

OAC 252:100-1-3.

The new and revised PSD provisions for Actuals PALs at OAC 252:100-8-38 are approvable as consistent with federal requirements.
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16. Evaluation of OAC 252:100-8-39. Severability.

Background of OAC 252:100-8-39. Severability.

• The Oklahoma SIP does not include OAC 252:100-8-39.

• ODEQ has submitted one revisions to the Oklahoma SIP PSD program for severability.

o Revisions effective June 15, 2006; submitted July 16, 2010.

The following table includes EPA’s evaluation of the revisions to OAC 252:100-8-39.

Table 36: Evaluation of OAC 252:100-8-39. Severability. EPA’s Evaluation

New revisions effective June 15, 2006; Submitted July 16, 2010.

If any provision of this Part, or the application of such provision to any person or circumstance, is held 

invalid , the remainder of this Part, or the application of such provision to persons or circumstances other 

than those as to which it is held invalid, shall not be affected thereby,

The intent of this provision is a legal severability –

if any provision is held invalid by legislation or 

federal court, then the application of such 

provision is no longer required; further any part 

held invalid will not affect the application of the 

remainder of the PSD program requirements. The 

ODEQ added this provision in the June 15, 2006, 

rulemaking to adopt and implement the NSR 

Reform requirements. This provision is similar to 

the severability provisions EPA created at 40 CFR 

51.166(x).
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17. Evaluation of the Revisions to the Oklahoma Prevention of Significant Deterioration 

Review Program with Respect to federal PSD Requirements

The revisions to the Oklahoma PSD program under review in this TSD have been submitted to 

address the following federal regulations:

• EPA’s NSR Reform Rule (67 FR 800186, December 31, 2002) and (68 FR 63021, 

November 7, 2003);

• Implementation of the 8-hour Ozone (O3) NAAQS-Phase 2; Final Rule to Implement 

Certain Aspects of the 1990 Amendments Relating to NSR and PSD as They Apply 

to Carbon Monoxide (CO), PM and O3 NAAQS (70 FR 71612, November 29, 2005); 

• PSD and NNSR: Reasonable Possibility in Recordkeeping (72 FR 72607, December

21, 2007); 

• NSR PM2.5 Implementation Rule (73 FR 28321, May 16, 2008); 

• PSD for PM2.5 – Increments, Significant Impact Levels (SILs) and Significant 

Monitoring Concentration (SMC) (75 FR 64864, October 20, 2010);

• EPA’s GHG Tailoring Rule (75 FR 31514, June 3, 2010);

• PSD and NNSR: Reconsideration of Inclusion of Fugitive Rule (76 FR 17548, March 

30, 2011).

i. How do the revisions to the Oklahoma PSD Program address the PSD program 

requirements of the NSR Reform Rule?

EPA promulgated its NSR Reform Program rules on December 31, 2002 (67 FR 80186). On 

November 7, 2003 (68 FR 63021), EPA promulgated a final action on its reconsideration of the 

December 31, 2002, NSR Reform Program rules. Our evaluation of the Oklahoma SIP submittals 

demonstrates the ODEQ has adopted and submitted revisions to the PSD permitting program that 

are sufficient to implement the required elements of NSR Reform. The rule revisions effective 

June 15, 2006, submitted as a revision to the Oklahoma SIP on July 16, 2010, include revisions 

to OAC 252:100 Part 7 – Prevention of Significant Deterioration (PSD) Requirements for 

Attainment Areas. The submission covers Applicability, PSD requirements, Actuals PALs, and 

Definitions that implement the NSR Reform revisions. To be approvable under the SIP, states 

implementing Part C (PSD permit program in 40 CFR 51.166) must include EPA’s December 

31, 2002, changes as minimum program elements. The SIP revision submission is required to 

meet the following PSD SIP requirements to implement the NSR Reform rule and its 

applicability. The substantial revisions to the NSR Reform rules support these major aspects.

• Incorporation of a new method for determining baseline actual emissions defined in OAC 

252:100-8-30 and OAC 252:100-8-31; 

• Incorporation of the actual-to-projected-actual methodology for determining whether a 

major modification has occurred found in OAC 252:100-8-30; and 

• Inclusion of rules that allow major stationary sources to comply with Plantwide 

Applicability Limits (PALs) to avoid having a significant emissions increase that triggers 

the requirements of the major NSR program found OAC 252:100-8-38. 
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ii. How do the revisions to the Oklahoma PSD Program satisfy the PSD requirements in 

EPA’s November 29, 2005, Final Rule to Implement the 8-hour Ozone (O3) NAAQS -

Phase 2 and Certain Aspects of the 1990 Amendments Relating to NSR and PSD as They 

Apply to Carbon Monoxide (CO), PM and O3 NAAQS (O3 NAAQS Implementation 

Rule)?

The EPA finalized O3 NAAQS Implementation Rule to provide additional regulatory 

requirements under the PSD SIP program regarding the implementation of the 8 hour ozone 

NAAQS. See, 70 FR 71612, November 29, 2005. Regarding NSR, this rule is based on the 

proposed rule published on June 2, 2003 to implement the 8-hour O3 NAAQS. See, 68 FR 32802. 

As well as the proposed rule published on July 23, 1996 for PSD and NNSR. See, 61 FR 38305. 

• The Oklahoma PSD program contains a revised definition of “major stationary source” at 

OAC 252:100-8-31 which specifies that a major source that is major for VOC or NOX is 

considered major for ozone.

• The Oklahoma PSD program contains a revised definition of “major modification” at 

OAC 252:100-8-31 which specifies that any significant increase or net emissions increase 

at a major stationary source that is significant for VOC or NOX shall be considered 

significant for ozone.

• The Oklahoma PSD program contains a revised definition of “significant” at OAC 

252:100-8-31 which specifies that the SER for ozone is 40 TPY of VOC or NOX.

• The Oklahoma PSD program contains a revised definition of “regulated NSR pollutant” 

at OAC 252:100-8-31 which specifies that VOC and NOX are precursors to ozone and 

thus regulated pollutants.

• The Oklahoma PSD program contains a revised exemption from PSD monitoring at OAC 

252:100-8-33(c)(1)(F) which specifies that no de minimis air quality level is provided for 

ozone.

iii. How do the revisions to the Oklahoma PSD Program address the PSD program 

requirements of the EPA’s PSD and NNSR: Reasonable Possibility in Recordkeeping

Rulemaking? 

The EPA finalized PSD and NNSR: Possibility in Recordkeeping on December 21, 2007. See, 72 

FR 72607. This rule clarifies the “reasonable possibility” recordkeeping and reporting standards 

of our 2002 NSR Reform rules. The “reasonable possibility” standard identifies for sources and 

reviewing authorities 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. The standard also specifies when the 

recordkeeping and reporting requirements apply to such sources. 

The Oklahoma PSD program does not include the reasonable possibility provisions as 

promulgated by EPA at 40 CFR 51.166(r)(6)(vi). Instead, in the Oklahoma program, any source 

using the “projected actual emissions” methodology is required to comply with the

recordkeeping requirements at 40 CFR 51.166(r)(6)(i) – (v). 

The Oklahoma Department of Environmental Quality submitted a letter of interpretation on 

February 8, 2016, that explained how the Oklahoma PSD program applies the recordkeeping and 
225

reporting requirements consistent with 40 CFR 51.166(r)(6)(i) – (v) to all sources that use the 

“projected actual emissions” methodology; not just a subset of sources that have a “reasonable 

possibility” that would result in a significant emissions increase.

These requirements apply to any source using the “projected actual emissions” methodology. 

Therefore, the Oklahoma SIP does not need to include the reasonable possibility provisions at 40 

CFR 51.166(r)(6)(vi). This requirement for all sources to maintain records is more stringent than 

federal requirements and is therefore approvable.

iv. How do the revisions to the Oklahoma PSD program address PM2.5?

The EPA promulgated two rules establishing both required and optional implementation 

regulations for NNSR permitting programs for PM2.5 : the May 16, 2008 final rule for 

Implementation of the New Source Review (NSR) Program for Particulate Matter Less than 2.5 

Micrometers (PM2.5) (referred to as the NSR PM2.5 Implementation Rule), 73 FR 28321; and the 

October 20, 2010 final rule for Prevention of Significant Deterioration (PSD) for Particulate 

Matter Less than 2.5 Micrometers (PM2.5) – Increments, Significant Impact Levels (SILs) and 

Significant Monitoring Concentration (SMC) (referred to as the PM2.5 PSD Increments – SILs –

SMC Rule), 75 FR 64864. 

a. How do the revisions to the Oklahoma PSD Program address the required elements 

of the NSR PM2.5 Implementation Rule?

Following is a description of how the submitted revisions to the Oklahoma PSD program address 

the required elements of the NSR PM2.5 Implementation Rule.

• Regulation of Direct PM2.5 and Precursors: The revised definition of “regulated NSR 

pollutant” at OAC 252:100-8-31 is consistent with the federal definition of “regulated 

NSR pollutant” at 40 CFR 51.166(b)(49) and identifies precursors to PM2.5 in attainment 

areas. With respect to PM2.5, the revised definition of “regulated pollutant” at OAC 

252:100-8-31 identifies sulfur dioxide and nitrogen oxides as regulated PM2.5 precursors 

while volatile organic compounds (VOCs) are not regulated PM2.5 precursors in PM2.5

attainment areas in Oklahoma. 

• Establish SERs: The revisions to the PSD definition of “significant” at OAC 252:100-8-

31 establishes significant emission rates for direct PM2.5 and for NOX and SO2 and 

PM2.5 precursors.

• Condensable PM10/PM2.5 Emissions: The revised definition of “regulated NSR pollutant” 

at OAC 252:100-8-31 is consistent with the federal requirements promulgated on May 

16, 2008 at 40 CFR 51.166(b)(49)(vi). Note that EPA subsequently promulgated a 

correction to the definition of “regulated NSR pollutant” with regard to the way in which 

condensable particulate matter is to be addressed with regard to emissions of PM at 40 

CFR 51.166(b)(49)(i)(a). The correction clarified that permit applicants are not required 

to consider the condensable portion of particulate matter in applicability determinations 

and in establishing emission limitations concerning “PM emissions,” a term that 

represents a size range or indicator of particulate matter not considered to be a criteria 

pollutant. See 77 FR 65107, October 25, 2012. Although the ODEQ revisions do not 
226

reflect this amendment of the federal condensable provision, the state’s revision to the 

PSD program to address condensable emissions is nonetheless approvable as it is more 

stringent than the current federal requirements for regulating condensibles as modified by 

EPA in the October 25, 2012 final rule.

b. The EPA’s Analysis of the Revisions to the Oklahoma PSD Permitting Program 

Submittal in light of the Litigation on the May 16, 2008 NSR PM2.5

Implementation Rule

On January 4, 2013, the U.S. Court of Appeals for the District of Columbia Circuit, in Natural

Resources Defense Council v. EPA4 issued a decision that remanded the EPA’s 2007 and 2008 

rules implementing the 1997 PM2.5 NAAQS. With respect to the requirements for 

implementation of the PM2.5 NAAQS in nonattainment areas, the Court found that EPA erred in 

implementing the PM2.5 NAAQS in these rules solely pursuant to the general implementation 

provisions of subpart 1 of part D of title I of the CAA, rather than pursuant to the additional 

implementation provisions specific to particulate matter nonattainment areas in subpart 4. The 

Court ordered the EPA to “repromulgate” these rules pursuant to subpart 4 consistent with this 

opinion.” Id. at 437. Subpart 4 of Part D, Title I of the CAA establishes additional provisions for 

particulate matter nonattainment areas.

The 2008 PM2.5 NSR Implementation Rule addressed by the NRDC decision promulgated NSR 

requirements for implementation of PM2.5 in both nonattainment areas (NNSR) and 

attainment/unclassifiable areas (PSD).5

 As the requirements of subpart 4 only pertain to 

nonattainment areas, the EPA does not consider the portions of the 2008 rule that address 

requirements for PM2.5 in attainment and unclassifiable areas to be affected by the court’s 

opinion. Moreover, the EPA does not anticipate the need to revise any PSD requirements 

promulgated in the 2008 NSR PM2.5 Implementation Rule in order to comply with the court’s 

decision. Accordingly, the EPA’s proposed approval of revisions to the Oklahoma SIP with 

respect to the PSD requirements promulgated by the 2008 NSR PM2.5 Implementation Rule does 

not conflict with the court’s opinion.

c. How do the revisions to the Oklahoma PSD program satisfy the Required 

Increment Component of the PSD for PM2.5 – Increments, SILs and SMC Rule?

The EPA finalized the PSD for PM2.5 – Increments, SILs and SMC Rule to provide additional 

regulatory requirements under the PSD SIP program regarding the implementation of the PM2.5

NAAQS. See, 75 FR 64864. The PSD for PM2.5 – Increments, SILs and SMC Rule required 

states to submit SIP revisions to EPA by July 20, 2012, adopting provisions equivalent to or at 

least as stringent as the PM2.5 PSD increments and the associated implementing regulations

promulgated pursuant to section 166(a) of the CAA. More detail on the PSD for PM2.5 –

 4 706 F.3d 428 (D.C. Cir. 2013).

5 The 2007 implementation rule also addressed by the NRDC decision does not address any NSR requirements and is 

therefore not addressed by this rulemaking.
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Increments, SILs and SMC Rule can be found in EPA’s October 20, 2010 final rule. See, 75 FR 

64864.

With respect to the required increment component of the PSD for PM2.5 – Increments, SILs and

SMC Rule, the ODEQ has adopted the required PM2.5 increments at OAC 252:100-3-4 that are at 

least as stringent as those promulgated by EPA on October 20, 2011. The ODEQ further adopted 

revisions to definitions of “baseline area,” “major source baseline date,” and “minor source 

baseline date” at OAC 252:100-8-31 that are required for the implementation of the PM2.5

increment at least as stringent as regulations promulgated by EPA on October 20, 2011. The 

ODEQ also correctly updated the source impact analysis requirements at OAC 252:100-8-

35(a)(1) and the provisions for sources impacting Class I areas at OAC 252:100-8-36 consistent 

with the requirements at 40 CFR 51.166(k)(1) and 40 CFR 51.166(p), respectively, promulgated 

by EPA on October 20, 2011. EPA is proposing to find that the Oklahoma PSD program and the 

Oklahoma SIP now includes the required PM2.5 increments and associated implementing 

regulations, and these provisions are applicable requirements for sources and modifications that 

are major for PM2.5 and/or the identified precursors of SO2 and NOX. 

d. The EPA’s Analysis of the revisions to the Oklahoma PSD program in light of the 

Litigation on the October 20, 2010 PSD for PM2.5 – Increments, SILs and SMC 

Rule?

The EPA’s October 20, 2010 PSD for PM2.5 – Increments, SILs and SMC Rule also provided 

that States could discretionarily choose to adopt and submit for EPA approval PM2.5 SILs, used 

as a screening tool to evaluate the impact a proposed new major source or major modification 

may have on the NAAQS or PSD increment, and/or a PM2.5 SMC (also a screening tool) to 

determine the subsequent level of ambient air monitoring data gathering required for a PSD 

permit application for emissions of PM2.5. 

On January 22, 2013, the U.S. Court of Appeals for the District of Columbia granted a request 

from the EPA to vacate and remand to the EPA portions of the federal PSD regulations (40 CFR 

51.166(k)(2) and 52.21(k)(2)) setting forth provisions for implementing SILs for PM2.5 so that 

the EPA could reconcile the inconsistency between the regulatory text and certain statements in 

the preamble to the 2010 final rule. Sierra Club v. EPA, 705 F.3d 458, 463-64 (D.C. Cir. 2013). 

The court declined to vacate the different portions of the federal PSD regulations (40 CFR 

51.165(b)(2)) for implementing SILs for PM2.5 that did not contain the same inconsistency in the 

regulatory text. Id. at 465-66. The court further vacated the portions of the PSD regulations (40 

CFR 51.166(i)(5)(i)(c) and 52.21(i)(5)(i)(c)) implementing a PM2.5 SMC, finding that the EPA 

lacked legal authority to adopt and use the PM2.5 SMC to exempt permit applicants from the 

statutory requirement to compile and submit ambient monitoring data. Id. at 468-69. On 

December 9, 2013, EPA issued a good cause final rule formally removing the affected PSD SILs 

and SMC provisions from the CFR. See, 78 FR 73698.

Oklahoma has adopted and submitted provisions to establish the PM2.5 SIL at OAC 252:100-8-

35(a)(2) and the PM2.5 SMC at OAC 252:100-8-33(c)(1)(C) in the Oklahoma PSD program. 

The EPA is severing these provisions from this TSD and will address these provisions in a 

separate action.
228

v. How do the revisions to the Oklahoma PSD program satisfy the PSD requirements of 

EPA’s GHG Tailoring Rule?

On June 3, 2010, the EPA published a final rule, known as the Tailoring Rule, which phased in 

permitting requirements for greenhouse gas (GHG) emissions from stationary sources under the 

CAA PSD and title V permitting programs (75 FR 31514). Under its interpretation of the CAA at 

the time, the EPA believed the Tailoring Rule was necessary to avoid a sudden and 

unmanageable increase in the number of sources that would be required to obtain PSD and title 

V permits under the CAA because the sources emitted or had the potential to emit GHGs above 

the applicable major source and major modification thresholds.

In Step 1 of the Tailoring Rule, which began on January 2, 2011, the EPA limited application of 

PSD and title V requirements to sources only if they were subject to PSD or title V ‘‘anyway’’ 

due to their emissions of non-GHG pollutants. These sources are referred to as ‘‘anyway 

sources.’’ In Step 2 of the Tailoring Rule, which began on July 1, 2011, the EPA applied the 

PSD and title V permitting requirements under the CAA to sources that were classified as major, 

and, thus, required to obtain a permit, based solely on their GHG emissions or potential to emit 

GHGs, and to modifications of otherwise major sources that required a PSD permit because they 

increased only GHG emissions above the level in the EPA regulations. 

On June 23, 2014, the U.S. Supreme Court issued a decision in Utility Air Regulatory Group 

(UARG) v. EPA, 134 S. Ct. 2427, addressing the application of stationary source permitting 

requirements to GHGs. The U.S. Supreme Court held that the EPA may not treat GHGs as an air 

pollutant for the specific purpose of determining whether a source is a major source (or a 

modification thereof) and thus required to obtain a PSD or title V permit. With respect to PSD, 

the ruling effectively upheld PSD permitting requirements for GHG emissions under Step 1 of 

the Tailoring Rule for ‘‘anyway sources,’’ and invalidated PSD permitting requirements for Step 

2 sources. Because the Supreme Court decision affirmed in part and reversed in part an earlier

decision of the D.C. Circuit in Coalition for Responsible Regulation v. EPA, 684 F.3d 102 (D.C. 

Cir. 2012), on April 10, 2015, the D.C. Circuit issued an Amended Judgment (Nos. 09–1322, 

10–073, 10–1092 and 10–1167), which reflects the UARG v. EPA Supreme Court decision. The 

D.C. Circuit simultaneously issued its mandate, which means that the Coalition Amended 

Judgment became final and effective upon issuance. In the Coalition Amended Judgment, the 

D.C. Circuit ordered that the EPA regulations under review (including 40 CFR 51.166(b)(48)(v) 

and 40 CFR 52.21(b)(49)(v)) be vacated to the extent they require a stationary source to obtain a 

PSD permit if GHGs are the only pollutant (i) that the source emits or has the potential to emit 

above the applicable major source thresholds, or (ii) for which there is a significant emissions 

increase from a modification. The D.C. Circuit also ordered that the regulations under review be 

vacated to the extent they require (i) a stationary source to obtain a title V permit solely because 

the source emits or has the potential to emit GHGs above the applicable major source thresholds 

and (ii) the EPA to consider further phasing in the GHG permitting requirements at lower GHG 

emission thresholds (in particular 40 CFR 52.22 and 40 CFR 70.12, 71.13). 

In response to the Coalition Amended Judgment, the EPA promulgated a good cause final rule 

on August 19, 2015, removing the PSD permitting revisions for Step 2, non-anyway sources 

from the federal regulations at 40 CFR 51.166(b)(48)(v) and 52.21(b)(49)(v). The EPA no longer 

has the authority to regulate Step 2, non-anyway sources, nor can we approve provisions in a 
229

state regulation providing this authority. We anticipate taking future federal rulemakings to 

address the remainder of the UARG and Coalition judgments. We further anticipate that these 

federal actions will necessitate revisions to the existing PSD regulations in our SIP-approved 

states.

ODEQ submitted revisions to the Oklahoma SIP addressing the regulation and permitting of 

GHGs on February 6, 2012 and January 18, 2013. EPA finds that the provisions for step 1 

permitting submitted on February 6, 2012, at OAC 252:100-8-31, definition of “subject to 

regulation,” subparagraphs (A), (B), (C), (D), and (F) are consistent with federal requirements 

for Step 1 GHG permitting at 40 CFR 51.166(b)(48). Additionally, the February 6, 2012, 

submittal also included revisions to the general definitions at OAC 252:100-1-3 to include new 

definitions for CO2e and GHG consistent with the federal PSD definitions at 40 CFR 

51.166(b)(48)(ii)(a) and 51.166(b)(48)(i), respectively.

Note that EPA is not acting on the subparagraph (E) of the “subject to regulation” definition 

submitted on February 6, 2012, because this subparagraph establishes the Step 2 permitting 

requirements. We are also not acting on the revisions submitted January 18, 2013 to revise the 

definitions of “CO2e” and “subject to regulation” to provide for the GHG Biomass Deferral. 

Both the Step 2 permitting and the GHG Biomass Deferral provisions are being addressed in a 

separate rulemaking proposing disapproval. EPA proposed these provisions for disapproval on 

January 11, 2016. See 81 FR 1141. EPA promulgated our final disapproval on May 23, 2016. 

See 81 FR 32239.

vi. EPA’s Analysis of the Approvability of the Oklahoma PSD Automatic Rescission 

Provisions for GHGs

Oklahoma’s February 6, 2012, SIP submittal adds automatic rescission provisions to the State’s 

PSD regulations at OAC 252:8-100-36.2, definition of “subject to regulation,” subparagraph (F). 

The automatic rescission provisions provide that in the event that federal legislation or a federal 

court determines that a portion of the EPA’s tailoring rule, endangerment finding, or light-duty 

vehicle GHG standard is unenforceable, than that provision will be enforceable in the Oklahoma 

PSD program only to the extent that it is enforceable by the EPA.

In assessing the approvability of this severability provision, the EPA considers two key factors: 

(1) whether the public will be given reasonable notice of any change to the SIP that occurs as a 

result of the automatic rescission provisions, and (2) whether any future change to the SIP that 

occurs as a result of the automatic rescission provisions would be consistent with the EPA’s 

interpretation of the effect of the triggering action on federal GHG permitting requirements. See, 

e.g., 79 FR 8130 (February 11, 2014) and 77 FR 12484 (March 1, 2012). These criteria are 

derived from the SIP revision procedures set forth in the CAA and federal regulations.

Regarding public notice, CAA section 110(l) provides that any revision to a SIP submitted by a 

State to EPA for approval “shall be adopted by such State after reasonable notice and public 

hearing.” In accordance with CAA section 110(l), ODEQ followed applicable notice-andcomment procedures prior to adopting the automatic rescission provisions. Thus, the public is on 

notice that the automatic rescission provisions in the Oklahoma PSD program will enable the 
230

Oklahoma PSD program and the Oklahoma SIP to update automatically to reflect any order by a 

federal court or any change in federal law that limits or renders ineffective the regulation of 

GHGs under the CAA’s PSD permitting program. In a letter dated April 22, 2016, the ODEQ has 

stated that it would provide notice to the general public and regulated community of the changes 

to the Oklahoma PSD program in the event of any change in the federal permitting requirements 

for GHGs.

The EPA’s consideration of whether any SIP change resulting from Oklahoma’s automatic 

rescission provisions would be consistent with EPA’s interpretation of the effect of the triggering 

action on federal GHG permitting requirements is based on 40 CFR 51.105, which states that 

“[r]evisions of a plan, or any portion thereof, will not be considered part of an applicable plan 

until such revisions have been approved by the Administrator in accordance with this part.” To 

be consistent with 40 CFR 51.105, any automatic SIP change resulting from a court order or 

federal law change must be consistent with the EPA’s interpretation of the effect of such order or 

federal law change on GHG permitting requirements. We interpret this provision to mean that 

Oklahoma will wait for and follow the EPA’s interpretation as to the impact of any federal law 

change or the D.C. Circuit or the U.S. Supreme Court issues an order before Oklahoma’s SIP 

would be changed. In the event of a court decision or federal law change that triggers (or likely 

triggers) application of Oklahoma’s automatic rescission provisions, the EPA intends to 

promptly describe the impact of the court decision or federal law change on the enforceability of 

its GHG permitting regulations. 

vii. How do the revisions to the Oklahoma PSD program address the Fugitive Emissions 

Rule and subsequent EPA-stays?

On December 19, 2008, the EPA issued a final rule revising the requirements of PSD and NNSR 

program regarding the treatment of fugitive emissions (Fugitive Emissions Rule, 73 FR 77882)). 

The Fugitive Emissions Rule required fugitive emissions to be included in determining whether a 

physical or operational change results in a major modification only for sources in industries that 

have been designated through rulemaking under section 302(j) of the CAA. Previously, the EPA 

rules required that fugitive emissions be included in major modification applicable 

determinations for all source categories.

On February 17, 2009, the Natural Resources Defense Council (NRDC) submitted a petition for 

reconsideration of the December 2008 Fugitive Emissions Rule. On April 24, 2009, the EPA 

responded to the petition by letter indicating we were convening a reconsideration proceeding for 

the December 2008 Fugitive Emissions Rule and granted a 3-month administrative stay of the 

rule provisions. The initial 3-month administrative stay of the Fugitive Emissions Rule became 

effective on September 30, 2009. See 74 FR 50115. An interim final rule extending the 

administrative stay for an additional 3 months became effective on December 31, 2009. See 74 

FR 5265692. An additional 18 month stay was finalized on March 31, 2010. See 75 FR 16012.

The EPA finalized a final rule on March 30, 2011, titled PSD and NNSR: Reconsideration of 

Inclusion of Fugitive Rule. See, 76 FR 17548. This final action stayed indefinitely the provisions 
231

of the December 2008 Fugitive Emissions Rule. Following is a summary of how the Oklahoma 

PSD program addresses fugitive emissions. 

• The Oklahoma PSD program does not include the revisions to “major modification” or 

“net emissions increase” promulgated by EPA in the December 2008 Fugitive Emissions 

Rule at 40 CFR 51.166(b)(2)(v) or 40 CFR 51.166(b)(3)(iii)(d), respectively. As such, the 

Oklahoma PSD program does not include the provisions that are indefinitely stayed. 

• The Oklahoma PSD program continues to require fugitive emissions to be included in the 

major modification applicability determinations for all source categories:

o The Oklahoma SIP at OAC 252:100-1-3 includes the definition of “fugitive 

emissions” consistent with the federal definition at 40 CFR 51.166(b)(20). 

o The definition of “projected actual emissions” at OAC 252:100-8-31 in the Oklahoma 

PSD program has been revised to include fugitive emissions to the extent quantifiable

and emissions associated with startups, shutdowns, and malfunctions. This definition has 

also been revised to allow for the use of the emission unit’s potential to emit in TPY 

consistent with 40 CFR 51.166(b)(40)(ii)(b) and (d).

o The definition of “baseline actual emissions” at OAC 252:100-8-31 in the Oklahoma 

PSD program has been revised to include fugitive emissions to the extent quantifiable for 

any existing EUSGU and any existing emissions unit other than an EUSGU consistent 

with 40 CFR 51.166(b)(47)(i)(a) and (ii)(a). This definition has also been revised to 

address the requirements for calculating baseline actual emissions for a new emissions 

unit consistent with 40 CFR 51.166(b)(47)(iii). This definition has also been revised to 

address the requirements for calculating baseline actual emissions or a PAL consistent 

with 40 CFR 51.166(b)(47)(iv).

o The Oklahoma SIP at OAC 252:100-8-33(a)(1)(B) includes the exemption at 40 CFR 

51.166(i)(1)(ii).

o The source obligation provisions at OAC 252:100-8-36.2(c) for the requirements when 

using projected actual emissions are consistent with the obligation provisions found at 40 

CFR 51.166(r)(6)(i) – (v). Note that the Oklahoma PSD program does not include the 

reasonable possibility provisions at 40 CFR 51.166(r)(6)(vi). Rather, the Oklahoma PSD

program requires all sources using the “projected actual emissions” methodology to 

maintain records consistent with 40 CFR 51.166(r)(6). This is more stringent than federal 

requirements and is therefore approvable.

o The Oklahoma PSD program incorporates by reference the PSD PALs provisions at 40 

CFR 51.166(w) as of July 2, 2007. However, the definition of “baseline actual emissions” 

for PALs is not part of this incorporation by reference. Per OAC 252:100-8-31 definition 

of “baseline actual emissions,” paragraph (E) for a PAL stationary source, the baseline 

actual emissions for an EUSGU or other existing emissions units other than an EUSGU 

shall be calculated using the general Oklahoma PSD definition for “baseline actual 

emissions” at OAC 252:100-8-31 and therefore will include fugitive emissions to the 

extent quantifiable.
232

E. Evaluation of Nonattainment New Source Review Provisions

OAC 252: 100 Part 9. Major Sources Affecting Nonattainment Areas

This section analyses the changes submitted to the Oklahoma Nonattainment New Source 

Review Permitting Program under OAC 252:100, Subchapter 8, Part 9. The evaluation of each 

provision of the Oklahoma NNSR program includes the following sections:

• Background. This section includes a chronology of the current SIP and each amendment 

that was submitted to EPA for SIP approval. This section also defines the proposed action 

EPA is reviewing.

• Evaluation Matrix. This section includes a table which sets forth the text of each 

submitted SIP amendment, and an annotation of the changes of each SIP amendment. 

Standard editing conventions will be used such that new text is underlined and deleted 

text is struck out. The right hand column of each matrix will include EPA’s evaluation of 

the submitted amendments.

• Additional Comments. When necessary, this section will include additional comments 

related to EPA’s evaluation of the provision, including any extended comments related to 

information in the right hand column of the applicable evaluation matrix.

The end of this section will include a table with the current language being proposed for approval 

into the Oklahoma SIP for NNSR permitting.
233

1. Evaluation of OAC 252:100-8-50 Applicability.

Background of OAC 252:100-8-50. Applicability.

• The Oklahoma SIP includes OAC 252:100-8-50, as adopted by the ODEQ on June 15, 1998, effective on June 25, 1998. EPA 

approved this provision on November 26, 2010. See 75 FR 72695.

• ODEQ has submitted two revisions to the Applicability provisions for NNSR.

o Revisions effective June 15, 2006; submitted July 16, 2010, and

o Revisions effective June 1, 2009; submitted June 24, 2010.

The following table includes EPA’s evaluation of the revisions to OAC 252:100-8-50.

Table 37: Evaluation Matrix for OAC 252:100-8-50 - Applicability EPA’s Evaluation

SIP-Approved OAC 252:100-8-50. 

The new source requirements of this Part, in addition to 

the applicable requirements of Parts 1, 3, and 5 of this 

Subchapter, shall apply to the construction of all major 

sources and major modifications affecting designated 

nonattainment areas as specified in 252:100-8-51 through 

252:100-8-53.

Revisions effective June 15, 2006; Submitted July 16, 

2010.

a) General applicability.

1) The requirements of this Part shall apply to the 

construction of any new major stationary source 

or major modification which would locate in or 

affect a nonattainment area located in Oklahoma, 

designated under section 107(d)(1)(A)(ii) of the 

Act, if the stationary source or modification is 

major for the pollutant for which the area is 

designated nonattainment.

2) The requirements of OAC 252:100-8 Parts 1, 3 

and 5 also apply to the construction of any new 

major stationary source or major modification.

3) In addition, the requirements of a PSD review 

(OAC 252: 100-8, Part 7) would be applicable if 

any regulated NSR pollutant other than the 

nonattainment pollutant is emitted in significant 

amount by that source or modification.

The new source requirements of this Part, in addition to 

the applicable requirements of Parts 1, 3, and 5 of this 

The revisions to the NNSR

applicability provisions are 

approvable.

OAC 252:100-8-50(a)(1) is 

consistent with the NNSR 

applicability provisions at 40 CFR 

51.165(a)(2)(i).

The provision at OAC 252:100-8-

50(a)(2) is a renumbering of the 

initial SIP-approved requirement at 

OAC 252:100-8-50. This provision 

states that the general requirements 

for Part 70 sources apply to the 

NNSR permitting program. OAC 

252:100-8 Part 1 includes general 

provisions applicable to all Part 70 

sources – this include a purpose, 

definitions, duty to comply 

provisions, provisions for the 

cancellation or extension of a 

construction permit or authorization 
234

Table 37: Evaluation Matrix for OAC 252:100-8-50 - Applicability EPA’s Evaluation

Subchapter, shall apply to the construction of all major 

sources and major modifications affecting designated 

nonattainment areas as specified in 252:100-8-51 through 

252:100-8-53.

under a general construction permit, 

and stack height limitations. OAC 

252:100 Part 3 provides general 

provisions for Permit Application 

fees. OAC 252:100 Part 5 provides 

the requirements for Permits for 

Part 70 Sources. Because a new 

major NNSR source or a major 

NNSR modification will also be an 

applicable requirement under Part 

70 permitting, it is appropriate that 

the general provisions for Part 70 

sources that also apply to the major 

NNSR program should be part of 

the Oklahoma SIP. However, some 

provisions of the Part 70 source 

requirements are not applicable 

under title I – those elements are 

identified elsewhere in this TSD.

It is also acceptable for the 

applicability of the NNSR program 

to clearly state that PSD 

requirements may apply as well. 

This is consistent with Title I 

implementation under 51.165 and 

51.166.

New provisions effective June 15, 2006; Submitted July 

16, 2010.

b) Major modification.

1) Major modification applicability 

determination.

A. Except as otherwise provided in OAC 252:100-

8-50(c), and consistent with the definition of 

Revisions effective June 1, 2009; Submitted June 24, 

2010.

b) Major modification.

1) Major modification applicability 

determination.

A. Except as otherwise provided in OAC 252:100-

8-50(c), and consistent with the definition of 

New OAC 252:100-8-50(b)(1) is 

consistent with federal applicability 

requirements at 40 CFR 

51.165(a)(2)(ii)(A). OAC 252:100-

8-50(b)(1) is approvable.
235

Table 37: Evaluation Matrix for OAC 252:100-8-50 - Applicability EPA’s Evaluation

“major modification” contained in OAC 

252:100-8-51, a project is a major modification 

for a regulated NSR pollutant if it causes two 

types of emissions increase:

i. A significant emissions increase; and

ii. A significant net emissions increase.

B. The project is not a major modification if it does 

not cause a significant emissions increase. If the 

project causes a significant emission increase, 

then the project is a major modification only if it 

also results in a significant net emissions 

increase.

2) Calculating significant emissions increase and 

significant net emissions increase. The 

procedure for calculating whether a significant 

emission increase will occur depends upon the 

type of emissions unit(s) being modified, 

according to OAC 252:100-8-50(b)(3) through 

(5). This is the first step in determining if a 

proposed modification would be considered a 

major modification. The procedure for 

calculating whether a significant net emissions 

increase will occur at the major stationary source 

is contained in the definition of “net emissions 

increase” in OAC 252:100-8.50.1 and 252:100-8-

51. This is the second step in the process of 

determining if a proposed modification is a major 

modification. Both steps occur prior to the 

beginning of actual construction. Regardless of 

any such preconstruction projections, a major 

modification results if the project causes a 

significant emissions increase and a significant 

net emissions increase. 

3) Actual-to-projected-actual applicability test 

for projects that only involve existing 

“major modification” contained in OAC 

252:100-8-51, a project is a major modification 

for a regulated NSR pollutant if it causes two 

types of emissions increase:

i. A significant emissions increase; and

ii. A significant net emissions increase.

B. The project is not a major modification if it does 

not cause a significant emissions increase. If the 

project causes a significant emission increase, 

then the project is a major modification only if it 

also results in a significant net emissions 

increase.

2) Calculating significant emissions increase and 

significant net emissions increase. The 

procedure for calculating whether a significant 

emission increase will occur depends upon the 

type of emissions unit(s) being modified, 

according to OAC 252:100-8-50(b)(3) through 

(5). This is the first step in determining if a 

proposed modification would be considered a 

major modification. The procedure for 

calculating whether a significant net emissions 

increase will occur at the major stationary source 

is contained in the definition of “net emissions 

increase” in OAC 252:100-8.50.1 and 252:100-8-

51. This is the second step in the process of 

determining if a proposed modification is a major 

modification. Both steps occur prior to the 

beginning of actual construction. Regardless of 

any such preconstruction projections, a major 

modification results if the project causes a 

significant emissions increase and a significant 

net emissions increase. 

3) Actual-to-projected-actual applicability test 

for projects that only involve existing 

New OAC 252:100-8-50(b)(2) is 

consistent with the federal 

applicability requirements at 40 

CFR 51.165(a)(2)(ii) is consistent 

with federal applicability 

requirements at 40 CFR 

51.165(a)(2)(ii(B). This provision is 

approvable.

New OAC 252:100-8-50(b)(3) is 

consistent with the federal 

applicability requirements at 40 

CFR 51.165(a)(2)(ii)(C). This 

provision is approvable.

New OAC 252:100-8-50(b)(4) is 

consistent with the federal 

applicability requirements at 40 

CFR 51.165(a)(2)(ii)(D). This 

provision is approvable.

New OAC 252:100-8-50(b)(5) is 

consistent with federal applicability 

requirements at 40 CFR 

51.165(a)(2)(ii)(F). This provision 

is approvable.
236

Table 37: Evaluation Matrix for OAC 252:100-8-50 - Applicability EPA’s Evaluation

emissions units. A significant emissions increase 

of a regulated NSR pollutant is project to occur if 

the sum of the difference between the projected 

actual emissions and the baseline actual 

emissions, as applicable, for each existing 

emissions unit, equals or exceeds the amount that 

is significant for that pollutant.

4) Actual-to-potential test for projects that only 

involve construction of a new emissions 

unit(s). A significant emissions increase of a 

regulated NSR pollutant is project to occur if the 

sum of the difference between the potential to 

emit from each new emissions unit following 

completion of the project and the baseline actual 

emissions of these units before the project equal 

or exceeds the amount that is significant for that 

pollutant.

5) Hybrid test for projects that involve multiple 

types of emissions units. A significant emissions 

increase of a regulated NSR pollutant is projected 

to occur if the sum of the emissions increase for 

each emissions unit, using the method specified 

in OAC 252:100-8-50(b)(3) and (4) is applicable 

with respect to each emissions unit, for each type 

of emissions unit equals or exceeds the amount 

that is significant for that pollutant. For example, 

if a project involves both an existing emissions 

unit and a new emissions unit, the projected 

increase is determined by summing the values 

determined using the method specified in OAC 

252:100-8-50(b)(3) for the existing unit and 

determined using the method specified in 

252:100-8-50(b)(4) for the new emissions unit.

emissions units. A significant emissions increase 

of a regulated NSR pollutant is project to occur if 

the sum of the difference between the projected 

actual emissions and the baseline actual 

emissions, as applicable, for each existing 

emissions unit, equals or exceeds the amount that 

is significant for that pollutant.

4) Actual-to-potential test for projects that only 

involve construction of a new emissions 

unit(s). A significant emissions increase of a 

regulated NSR pollutant is project to occur if the 

sum of the difference between the potential to 

emit from each new emissions unit following 

completion of the project and the baseline actual 

emissions of these units before the project equal 

or exceeds the amount that is significant for that 

pollutant.

5) Hybrid test for projects that involve multiple 

types of emissions units. A significant emissions 

increase of a regulated NSR pollutant is projected 

to occur if the sum of the emissions increase for 

each emissions unit, using the method specified 

in OAC 252:100-8-50(b)(3) and (4) is applicable 

with respect to each emissions unit, for each type 

of emissions unit equals or exceeds the amount 

that is significant for that pollutant. For example, 

if a project involves both an existing emissions 

unit and a new emissions unit, the projected 

increase is determined by summing the values 

determined using the method specified in OAC 

252:100-8-50(b)(3) for the existing unit and 

determined using the method specified in 

252:100-8-50(b)(4) for the new emissions unit.

New provisions effective June 15, 2006; Submitted July 16, 2010. New OAC 252:100-8-50(c) is 

consistent with the federal NNSR 
237

Table 37: Evaluation Matrix for OAC 252:100-8-50 - Applicability EPA’s Evaluation

c) Plantwide applicability limitation (PAL), Major stationary sources seeking to obtain or maintain a PAL shall 

comply with the requirements under OAC 252:100-8-56.

PAL applicability provision at 40 

CFR 51.165(a)(2)(iii). This 

provision is approvable.

The new and revised NNSR applicability provisions at OAC 252:100-8-50 are approvable. These provisions satisfy federal 

requirements.
238

2. Evaluation of OAC 252:100-8-50.1. Incorporation by Reference.

Background of OAC 252:100-8-50.1. Incorporation by Reference.

• The Oklahoma SIP does not include OAC 252:100-8-50.1.

• ODEQ has submitted two revisions to the Oklahoma SIP for NNSR Incorporation by Reference.

o Revisions effective June 15, 2006; submitted July 16, 2010, and

o Revisions effective June 1, 2009; submitted June 24, 2010.

The following table includes EPA’s evaluation of the revisions to OAC 252:100-8-50.1.

Table 38: EPA’s Evaluation of OAC 252:100-8-50.1 – Incorporation by Reference EPA’s Evaluation

New revisions effective June 15, 2006; Submitted July 16, 2010.

a) Inclusion of CFR citations and definitions. When a provision of Title 40 Code of Federal Regulations (40 CFR) 

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

New provision at OAC 252:100-8-

50.1(a) clarifies the meaning of 

incorporation by reference. This 

provision is approvable.

New revisions effective June 15, 

2006; Submitted July 16, 2010.

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.

Revisions effective June 1, 2009; 

Submitted June 24, 2010.

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.

Revisions effective July 1, 2011; 

Submitted February 6, 2012.

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.

The new provisions for terminology 

related to 40 CFR at OAC 252:100-

8-50.1(b) identifies where terms used 

throughout the NNSR program are 

defined in the Oklahoma SIP. Each 

of these terms has separately been 

evaluated for use in federal 

permitting programs and found 

approvable for title I purposes.
239

Table 38: EPA’s Evaluation of OAC 252:100-8-50.1 – Incorporation by Reference EPA’s Evaluation

3. “EPA” is synonymous with 

Department of Environmental 

Quality (DEQ).

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. “Reviewing authority” is 

synonymous with “Director”.

7. “Secondary emissions is 

synonymous with the 

definition of secondary 

emissions” in OAC 252:100-8-

1.1.

8. “State implementation plan” is 

synonymous with OAC 

252:100.

9. “Volatile organic compound 

(VOC)” is synonymous with 

the definition of “volatile 

organic compound” or “VOC” 

in OAC 252:100-3.

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. “Reviewing authority” is 

synonymous with “Director”.

7. “Secondary emissions is 

synonymous with the 

definition of secondary 

emissions” in OAC 252:100-8-

1.1.

8. “State implementation plan” is 

synonymous with OAC 

252:100.

9. “Volatile organic compound 

(VOC)” is synonymous with 

the definition of “volatile 

organic compound” or “VOC” 

in OAC 252:100-3.

3. “EPA” is synonymous with 

Department of Environmental 

Quality (DEQ) unless the 

context clearly indicates 

otherwise.

4. “Major modification” is 

synonymous with the 

definition of “major 

modification” in OAC 

252:100-8-51.

5. “Net emissions increase” is 

synonymous with the 

definition of “net emissions 

increase” in OAC 252:100-8-

51.

6. “Regulated NSR pollutant” is 

synonymous with the 

definition of “regulated NSR 

pollutant” in OAC 252:100-8-

51.

7. “Reviewing authority” is 

synonymous with “Director”.

8. “Secondary emissions is 

synonymous with the 

definition of secondary 

emissions” in OAC 252:100-8-

1.1.

9. “State implementation plan” is 

synonymous with OAC 

252:100.

10. “Volatile organic compound 

(VOC)” is synonymous with 

the definition of “volatile 

organic compound” or “VOC” 

in OAC 252:100-3.
240

Table 38: EPA’s Evaluation of OAC 252:100-8-50.1 – Incorporation by Reference EPA’s Evaluation

The new and revised provisions for Incorporation by Reference at OAC 252:100-8-50.1 satisfy federal requirements. These revisions 

are approvable.
241

3. Evaluation of OAC 252:100-8-51 Definitions.

Background of OAC 252:100-8-51. Definitions.

• The Oklahoma SIP includes OAC 252:100-8-51, as adopted by the ODEQ on May 15, 2001, effective June 1, 2001. EPA 

approved this provision on November 26, 2010. See 75 FR 72695.

• ODEQ has submitted three revisions to the Applicability provisions for NNSR.

o Revisions effective June 15, 2006; submitted July 16, 2010,

o Revisions effective June 1, 2009; submitted June 24, 2010,

o Revisions effective July 1, 2011, submitted on February 6, 2012.

The following table includes EPA’s evaluation of the revisions to OAC 252:100-8-51.

Table 39: EPA’s Evaluation of OAC 252:100-8-51 - Definitions EPA’s Evaluation

OAC 252:100-8-51. 

Definitions.

SIP-Approved.

The following words and 

terms, when used in this 

Part, shall have the 

following meaning, unless 

the context clearly 

indicates otherwise:

Revisions effective June 15, 

2006; Submitted July 16, 

2010.

The definitions in 40 CFR 

51.165(a)(1) are hereby 

incorporated by reference 

as they exist on January 2, 

2006, except for the 

definitions found at 40 

CFR 51.165(a)(1)(xxxv), 

“baseline actual 

emissions”; (ii) “building, 

structure, facility or 

installation”; (xxix) “Clean 

Unit”; (v) “major 

modification”; (vi) “net 

emissions increase”; (xxv) 

“pollution control project 

(PCP)”; (xxxviii) 

“reviewing authority”; 

(viii) “secondary 

emissions”; and (xix) 

Revisions effective July 1, 

2009; Submitted June 24, 

2010.

The definitions in 40 CFR 

51.165(a)(1) are hereby 

incorporated by reference 

as they exist on July 2, 

2007, January 2, 2006,

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”; (xxix) “Clean 

Unit”; (v) “major 

modification”; (vi) “net 

emissions increase”; (xxv) 

“pollution control project 

Revisions effective July 1, 

2011; Submitted February 

6, 2012.

The definitions in 40 CFR 

51.165(a)(1) are hereby 

incorporated by reference 

as they exist on July 1, 

2010, July 2, 2007, 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”; 

The revisions to the opening 

paragraph of the NNSR definitions at 

OAC 252:100-51 are approvable. 

These revisions update the 

incorporation by reference of federal 

NNSR definitions, with the 

exception of the list definitions 

defined elsewhere in OAC 252:100-

8-51.
242

Table 39: EPA’s Evaluation of OAC 252:100-8-51 - Definitions EPA’s Evaluation

“volatile organic 

compound (VOC)”. With 

the exception of “pollution 

control project (PCP), 

“Clean Unit”, and 

“reviewing authority” 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:

(PCP)”; (xliii) “ process 

unit”; (xxxviii) “reviewing 

authority”; (viii) 

“secondary emissions”; 

(xlvi) “total capital 

investment”; and (xix) 

“volatile organic 

compound (VOC)”. With 

the exception of “pollution 

control project (PCP), 

“Clean Unit”, and

“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:

(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:

OAC 252:100-8-51. Definitions.

SIP-Approved.

“Actual emissions” means the actual rate of emissions 

of a pollutant from an emission unit, as determined in 

accordance with the following:

A. In general, actual emissions as of a particular date 

shall equal the average rate in tons per year at which 

the unit actually emitted the pollutant during a twoRevisions effective June 15, 2006; Submitted July 16, 

2010.

“Actual emissions” means the actual rate of emissions of 

a pollutant from an emission unit, as determined in 

accordance with the following:

A. In general, actual emissions as of a particular date 

shall equal the average rate in tons per year at which 

The deletion of the definition of 

“allowable emissions” from the 

Oklahoma NNSR SIP is approvable. 

The Oklahoma NNSR program 

incorporates by reference the 

definition of “actual emissions” at 40 

CFR 51.165(a)(1) as it exists on July 

1, 2010. 
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year period which precedes the operation. The 

reviewing authority may allow the use of a different 

time period upon 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. Actual emissions may also be 

determined by source tests, or by best engineering 

judgment in the absence of acceptable test data.

B. The reviewing authority may presume that sourcespecific allowable emissions for the unit are 

equivalent to the actual emissions of the unit.

C. For any emission unit which has not begun normal 

operations on the particular date, actual emissions 

shall equal the potential toe mit of the unit on that 

date.

the unit actually emitted the pollutant during a twoyear period which precedes the operation. The 

reviewing authority may allow the use of a different 

time period upon 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. Actual emissions may also be 

determined by source tests, or by best engineering 

judgment in the absence of acceptable test data.

B. The reviewing authority may presume that sourcespecific allowable emissions for the unit are 

equivalent to the actual emissions of the unit.

C. For any emission unit which has not begun normal 

operations on the particular date, actual emissions 

shall equal the potential toe mit of the unit on that 

date.

OAC 252:100-8-51. Definitions.

SIP-Approved.

“Major modification” means any 

physical change in, or change in the 

method of operation of, a major 

source that would result in a 

significant net emissions increase of 

any pollutant subject to regulation.

A. Any net emissions increase that 

is significant for volatile organic 

compounds shall be considered 

significant for ozone.

Revisions effective June 15, 2006; 

Submitted July 16, 2010.

“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.

Revisions effective July 1, 2009; 

Submitted June 24, 2010.

“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.

The revisions to the definition of 

“major modification” are 

approvable. These revisions satisfy

the requirements of 40 CFR 

51.165(a)(1)(v)

We note that the provisions for 

routine maintenance, repair and 

replacement is stayed – impacts 

OAC 252:100-8-51 Major 

Modification (A)(ii)(I)
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B. A physical change or change in 

the method of operation shall not 

include:

i. Routine maintenance, repair 

and replacement;

ii. Use of an alternate 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 alternate fuel by 

reason of an order or rule 

under Section 125 of the 

Federal Clean Air Act;

iv. Use of an alternate fuel at a 

steam generating unit to the 

extent that the fuel is 

generated from municipal 

solid waste;

v. Use of an alternate fuel or 

raw material by a source 

which:

I. The source was capable of 

accommodating before 

December 21, 1976, 

unless such change would 

be prohibited under any 

enforceable permit 

limitation which was

any physical change in, or change in 

the method of operation of, a major 

source that would result in a 

significant net emissions increase of 

any pollutant subject to regulation.

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) volatile organic 

compounds 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 

alternate fuel or raw 

material by reason of any 

order under sections 

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 

alternate fuel by reason of 

an order or rule under

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 
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established after 

December 21, 1976; or,

II. 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 enforceable 

permit limitation which was 

established after December 

21, 1976, or

vii. Any change in source 

ownership.

section Section 125 of the 

Federal Clean Air Act;

IV. Use of an alternative 

alternate fuel at a steam 

generating unit to the 

extent that the fuel is 

generated from municipal 

solid waste;

V. Use of an alternative 

alternate 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 limitation 

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 limitation which 

was established after 

December 21, 1976, or

VII. Any change in source 

ownership;

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.
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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.

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 
247

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subject to subpart 2, part D, title I 

of the Act.

OAC 252:100-8-51. Definitions.

SIP-Approved.

“Major stationary source” means:

A. Any stationary source of air pollutants which emits, 

or has the potential to emit, 100 tons per year or more 

of any pollutant subject to regulation; or,

B. Any physical change that would occur at a source not 

qualifying under (A) of this definition as a major 

source, if the change would constitute a major source 

by itself.

C. For ozone, a source that is major for volatile organic 

compounds shall be considered major.

Revisions effective June 15, 2006; Submitted July 16, 

2010.

“Major stationary source” means:

A. Any stationary source of air pollutants which emits, 

or has the potential to emit, 100 tons per year or more 

of any pollutant subject to regulation; or,

B. Any physical change that would occur at a source not 

qualifying under (A) of this definition as a major 

source, if the change would constitute a major source 

by itself.

C. For ozone, a source that is major for volatile organic 

compounds shall be considered major.

The deletion of the definition of

“major stationary source” from the 

Oklahoma NNSR SIP is approvable. 

The Oklahoma NNSR program 

incorporates by reference the 

definition of “major stationary 

source” at 40 CFR 51.165(a)(1) as it

exists on July 1, 2010. 

OAC 252:100-8-51. Definitions.

SIP-Approved.

“Net emissions increase” means:

A. The amount by which the sum of the following 

exceeds zero:

i. Any increase in actual emissions from a 

particular physical change or change in the 

method of operation at a source; and,

ii. Any other increases and decreases in actual 

emissions at the source that are contemporaneous 

with the particular change and are otherwise 

creditable.

B. An increase or decrease in actual emissions is 

contemporaneous with the particular change only if it 

Revisions effective June 15, 2006; Submitted July 16, 

2010.

“Net emissions increase” means:

A. With respect to any regulated NSR pollutant emitted 

by a major stationary source, net emissions increase 

shall mean the The amount by which the sum of the 

following exceeds zero:

i. The Any increase in actual 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 

The revisions to the definition of 

“net emissions increase” are 

approvable as consistent with 40 

CFR 51.165(a)(1)(vi).

Substantively consistent with the 

federal requirements. Note that the 

federal requirements at 

51.165(a)(1)(vi)(C) states that an 

increase or decrease in actual 

emissions is creditable only if it 

occurs within a reasonable period 

specified by the reviewing authority. 

The ODEQ has defined the 
248

Table 39: EPA’s Evaluation of OAC 252:100-8-51 - Definitions EPA’s Evaluation

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 the Director has not relied on it in 

issuing a permit under Part 9 of this Subchapter, 

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 emission sor the old level 

of allowable emissions, whichever is lower, 

exceeds the new level of actual emissions;

ii. It si enforceable at and after the time that actual 

construction on the particular change begins;

iii. The reviewing authority has not relied on it is 

issuing any permit under State air quality rules; 

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.

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 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 Part 9 of this Subchapter, 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 reviewing authority has not relied 

on it is issuing any permit under OAC 252:100 

State air quality rules; and;

iv. It has approximately the same qualitative 

significance for public health and welfare as that 

reasonable period as 

contemporaneous. 
249

Table 39: EPA’s Evaluation of OAC 252:100-8-51 - Definitions EPA’s Evaluation

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.

OAC 252:100-8-51. Definitions.

SIP-Approved.

“Significant” means, 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 rates:

A. Carbon monoxide: 100 tons per year (tpy),

B. Nitrogen oxides: 40 tpy,

C. Sulfur dioxide: 40 tpy,

D. Particulate matter: 15 tpy of PM10 emissions,

E. Ozone: 40 tpy of volatile organic compounds, or

F. Lead: 0.6 tpy.

Revisions effective June 15, 2006; Submitted July 16, 

2010.

“Significant” means, 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 rates:

A. Carbon monoxide: 100 tons per year (tpy),

B. Nitrogen oxides: 40 tpy,

C. Sulfur dioxide: 40 tpy,

D. Particulate matter: 15 tpy of PM10 emissions,

E. Ozone: 40 tpy of volatile organic compounds, or

Lead: 0.6 tpy.

The deletion of the definition of 

“significant” from the Oklahoma 

NNSR SIP is approvable. The 

Oklahoma NNSR program 

incorporates by reference the 

definition of “significant” at 40 CFR 

51.165(a)(1) as it exists on July 1, 

2010. 

New provisions effective July 1, 2011; Submitted February 6, 2012.

“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;

The new definition of “regulated 

NSR pollutant” effective July 1, 

2011 and submitted February 6, 

2012 is approvable. This revision is 
250

Table 39: EPA’s Evaluation of OAC 252:100-8-51 - Definitions EPA’s Evaluation

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 determinations and in establishing emissions limitations for PM2.5 and PM10 in nonattainment major 

NSR permits.

identical to the federal definition at 

40 CFR 51.165(a)(1)(XXXvii).

We note that the February 6, 2012, 

submittal included revisions to the 

NNSR program to implement PM2.5 

NNSR requirements. Please see the 

discussion for additional analysis of 

these requirements and current 

litigation.

The new and revised NNSR definitions at OAC 252:100-8-51 satisfy the federal requirements for NNSR definitions. These revisions 

are approvable. 
251

4. Evaluation of OAC 252:100-8-51.1 Emission Reductions and Offsets.

Background of OAC 252:100-8-51.1 Emission Reductions and Offsets.

• The Oklahoma SIP does not include OAC 252:100-8-51.1.

• ODEQ has submitted three revisions to the Oklahoma SIP for NNSR Emission Reductions and Offset Provisions.

o Revisions effective June 15, 2006; submitted July 16, 2010, 

o Revisions effective July 1, 2009; submitted June 24, 2010.

o Revisions effective July 1, 2011, submitted February 6, 2012, and

o Revisions effective July 1, 2012, submitted January 18, 2013.

The following table includes EPA’s evaluation of the revisions to OAC 252:100-8-51.1.

Table 40: EPA’s Evaluation of OAC 252:100-8-51.1 – Emission Reductions and Offsets EPA’s Evaluation

New provisions effective June 15, 2006; Submitted July 

16, 2010.

The requirements in 40 CFR 51.165(a)(3) regarding 

emissions reductions and offsets, except for 40 CFR 

51.165(a)(3)(ii)(H) and (I) are hereby incorporated by 

reference as they exist on January 2, 2006.

Revisions effective July 1, 2009; Submitted June 24, 

2010.

a) The requirements in 40 CFR 51.165(a)(3) regarding 

emissions reductions and offsets, except for 40 CFR 

51.165(a)(3)(ii)(H) and (I) are hereby incorporated by 

reference as they exist on July 2, 2007. January 2, 

2006.

Revisions update the incorporation 

by reference of federal NNSR offset 

requirements. This revision is 

approvable.

New provision effective July 1, 2009; Submitted June 24, 

2010.

b) Meeting the emissions offsets 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.

Revisions effective July 1, 2011; Submitted February 6, 

2012.

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.Meeting the 

emissions offsets 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.

Revisions update the incorporation 

by reference of federal NNSR offset 

ratios. This revision is approvable.
252

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New provision effective July 1, 2011; Submitted February 

6, 2012.

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.

Revisions effective July 1, 2012; Submitted January 18, 

2013.

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 2011.

Revisions update the incorporation 

by reference of federal NNSR offset 

requirements and interprecurosr 

trading if provided by the SIP. This 

revision is approvable. Note that the 

Oklahoma SIP generally provides for 

NNSR permitting of PM2.5 and its 

precursors, but as there are no PM2.5 

nonattainment areas in the state, 

there is no ability for PM2.5 

interprecursor offset trading.

The new and revised provisions for NNSR Emission Reductions and Offsets at OAC 252:100-8-51.1 satisfy federal requirements. 

These revisions are approvable.
253

5. Evaluation of OAC 252:100-8-52. Applicability Determination for Sources in Attainment Areas Causing or Contributing to 

NAAQS Violations.

Background of OAC 252:100-8-52. Applicability Determination for Sources in Attainment Areas Causing or Contributing to NAAQS 

Violations.

• The Oklahoma SIP includes OAC 252:100-8-52, as adopted by the ODEQ on May 15, 2001, effective June 1, 2001. EPA 

approved this provision on November 26, 2010. See 75 FR 72695.

• ODEQ has submitted three revisions to the Oklahoma SIP for Applicability Determinations for Sources in Attainment Areas 

Causing or Contributing to NAAQS Violations.

o Revisions effective June 15, 2006; submitted July 16, 2010, 

o Revisions effective July 1, 2009; submitted June 24, 2010,

o Revisions July 1, 2011, submitted February 6, 2012, and

o Revisions effective July 1, 2012, submitted January 18, 2013.

The following table includes EPA’s evaluation of the revisions to OAC 252:100-8-52.

Table 41: Evaluation of OAC 252:100-8-52 – Applicability Determination for Sources in Attainment Areas 

Causing or Contributing to NAAQS Violations

EPA’s Evaluation

OAC 252: 100 – 8 – 52 Source Applicability 

Determination.

Revisions effective June 15, 2006; Submitted July 16, 

2010.

OAC 252: 100 – 8 – 52 Applicability Determination for 

sources in attainment areas causing or contributing to 

NAAQS violation Source Applicability Determination.

The revision effective on June 15, 

2006, submitted July 16, 2010 

renames section OAC 252:100-8-52. 

This revision is approvable.

OAC 252: 100 – 8 – 52 Source Applicability 

Determination.

Proposed new sources and source modifications to which 

Part 9 of this Subchapter is applicable are determined by 

size, geographical location and type of emitted 

pollutants:

Revisions effective June 15, 2006; Submitted July 16, 

2010.

Proposed new sources and source modifications to which 

Part 9 of this Subchapter is applicable are determined by 

size, geographical location and type of emitted 

pollutants:

This deletion is approvable. The 

revised Applicability Provisions at 

OAC 252:100-8-50(a) specify the 

conditions under which the NNSR 

program applies.

OAC 252: 100 – 8 – 52 Source Applicability 

Determination.

1. Size.

A. Permit review will apply to sources and 

modifications that emit any regulated pollutant 

in major amounts. These quantities are specified 

Revisions effective June 15, 2006; Submitted July 16, 

2010.

1. Size.

A. Permit review will apply to sources and 

modifications that emit any regulated pollutant 

in major amounts. These quantities are specified 

This deletion is approvable. The 

revised Applicability Provisions at 

OAC 252:100-8-50(a) specify the 

conditions under which the NNSR 

program applies. Specifically, the 

NNSR program requirements apply to 

new major stationary sources and 
254

Table 41: Evaluation of OAC 252:100-8-52 – Applicability Determination for Sources in Attainment Areas 

Causing or Contributing to NAAQS Violations

EPA’s Evaluation

in the definitions for major stationary source, 

major modification, potential to emit, net 

emissions increase, significant, and other 

associated definitions in OAC 252:100-8-51, 

252:100-8-1.1, and 252:100-1-3.

B. At such time that a particular source or 

modification becomes major solely by virtue of 

a relaxation in any enforceable permit limitation 

which was established after August 7, 1980 on 

the capacity of the source or modification 

otherwise to emit a pollutant, such as a 

restriction on hours of operation, then the 

requirements of Parts 1, 3, 5, and 9 of this 

Subchapter shall apply to that source or 

modification as though construction had not yet 

commenced on it.

in the definitions for major stationary source, 

major modification, potential to emit, net 

emissions increase, significant, and other 

associated definitions in OAC 252:100-8-51, 

252:100-8-1.1, and 252:100-1-3.

B. At such time that a particular source or 

modification becomes major solely by virtue of 

a relaxation in any enforceable permit limitation 

which was established after August 7, 1980 on 

the capacity of the source or modification 

otherwise to emit a pollutant, such as a 

restriction on hours of operation, then the 

requirements of Parts 1, 3, 5, and 9 of this 

Subchapter shall apply to that source or 

modification as though construction had not yet 

commenced on it.

major modifications to existing 

sources in nonattainment areas.

OAC 252: 100 – 8 – 52 Source Applicability 

Determination.

2. Location.

A. Sources and modifications that are major in size 

and proposed for construction in an area which 

has been designated as nonattainment for any 

applicable ambient air quality standard are 

subject to the requirements for the 

nonattainment area, if the source or 

modification is major for the nonattainment 

pollutant(s) of that area.

B. In addition, the requirements of a PSD review 

(Part 7 of this Subchapter) would be applicable 

if any other regulated pollutant other than the 

nonattainment pollutant is emitted in significant 

amounts by that source or modification.

Revisions effective June 15, 2006; Submitted July 16, 

2010.

2. Location.

a. Sources and modifications that are major in size 

and proposed for construction in an area which 

has been designated as nonattainment for any 

applicable ambient air quality standard are 

subject to the requirements for the 

nonattainment area, if the source or 

modification is major for the nonattainment

pollutant(s) of that area.

b. In addition, the requirements of a PSD review 

(Part 7 of this Subchapter) would be applicable 

if any other regulated pollutant other than the 

nonattainment pollutant is emitted in significant 

amounts by that source or modification.

This deletion is approvable. The 

revised Applicability Provisions at 

OAC 252:100-8-50(a) specify the 

conditions under which the NNSR 

program applies. Specifically, the 

NNSR program requirements apply to 

new major stationary sources and 

major modifications to existing 

sources in nonattainment areas.

OAC 252: 100 – 8 – 52 Source Applicability 

Determination.

Revisions effective June 15, 2006; Submitted July 16, 

2010.

The deletion of this section submitted 

on July 16, 2010 is approvable. These 

provisions have been replaced with 
255

Table 41: Evaluation of OAC 252:100-8-52 – Applicability Determination for Sources in Attainment Areas 

Causing or Contributing to NAAQS Violations

EPA’s Evaluation

3. Location in attainment or unclassifiable area but 

causing or contributing to NAAQS violation.

a. A proposed major source or major modification 

that would locate in an area designated 

attainment or unclassifiable is considered to 

cause or contribute to a violation of the national 

ambient air quality standards when such source 

or modification would, as a minimum, exceed 

the following significance levels at any locality 

that does not or would not meet the applicable 

national standard:

i. SO2:

1. 1.0 μg/m3 annual average;

2. 5 μg/m3 24-hour average;

3. 25 μg/m3 3-hour average;

ii. PM-10:

1. 1.0 μg/m3 annual average;

2. 5 μg/m3 24-hour average;

iii. NO2: 1.0 μg/m3 annual average;

iv. CO:

1. 500 μg/m3 8-hour average;

2. 2000 μg/m3 one-hour average.

b. A proposed major source or major modification 

subject to OAC 252:100-8-52(3)(A) may reduce 

the impact of its emissions upon air quality by 

obtaining sufficient emissions reductions to, at a 

minimum, compensate for its adverse ambient 

impact where the proposed source or 

modification would otherwise cause or 

contribute to a violation of any national ambient 

air quality standard. In the absence of such 

emission reductions, a permit for the proposed 

source or modification shall be denied.

c. The requirements of OAC 252:100-8-52(3)(A) 

and (B) shall not apply to a major source or 

3. Location in attainment or unclassifiable area but 

causing or contributing to NAAQS violation.

a. A proposed major source or major modification 

that would locate in an area designated 

attainment or unclassifiable is considered to 

cause or contribute to a violation of the national 

ambient air quality standards when such source 

or modification would, as a minimum, exceed 

the following significance levels at any locality 

that does not or would not meet the applicable 

national standard:

i. SO2:

1. 1.0 μg/m3 annual average;

2. 5 μg/m3 24-hour average;

3. 25 μg/m3 3-hour average;

ii. PM-10:

1. 1.0 μg/m3 annual average;

2. 5 μg/m3 24-hour average;

iii. NO2: 1.0 μg/m3 annual average;

iv. CO:

1. 500 μg/m3 8-hour average;

2. 2000 μg/m3 one-hour average.

b. A proposed major source or major modification 

subject to OAC 252:100-8-52(3)(A) may reduce 

the impact of its emissions upon air quality by 

obtaining sufficient emissions reductions to, at a 

minimum, compensate for its adverse ambient 

impact where the proposed source or 

modification would otherwise cause or 

contribute to a violation of any national ambient 

air quality standard. In the absence of such 

emission reductions, a permit for the proposed 

source or modification shall be denied.

c. The requirements of OAC 252:100-8-52(3)(A) 

and (B) shall not apply to a major source or 

new OAC 252:100-8-52(a) where the 

Oklahoma SIP now incorporates by 

reference the requirements at 40 CFR 

51.165(b).
256

Table 41: Evaluation of OAC 252:100-8-52 – Applicability Determination for Sources in Attainment Areas 

Causing or Contributing to NAAQS Violations

EPA’s Evaluation

major modification with respect to a particular 

pollutant if the owner or operator demonstrates 

that, as to that pollutant, the source or 

modification is located in an area designated 

nonattainment.

major modification with respect to a particular 

pollutant if the owner or operator demonstrates 

that, as to that pollutant, the source or 

modification is located in an area designated 

nonattainment.

New provisions effective June 15, 

2006; Submitted July 16, 2010.

1) 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 January 2, 2006.

Revisions effective July 1, 2009; 

Submitted June 24, 2010.

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

January 2, 2006.

Revisions effective July 1, 2011; 

Submitted February 6, 2012.

a) The requirements in 40 CFR 

51.165(b) regarding a source 

located in an attainment or 

unclassifiable area but causing 

or contributing to a NAAQS 

violation are hereby 

incorporated by reference as 

they exist on December 20, 

2010. July 2, 2007

This new provisions effective June 15, 

2006; as amended through the 

February 6, 2012 submittal, is 

approvable. This provision 

incorporates by reference the federal 

PSD SILs and their use at 40 CFR 

51.165(b)(2).

OAC 252: 100 – 8 – 52 Source Applicability 

Determination.

3 (continued...)

d. Sources of volatile organic compounds 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.

Revisions effective June 15, 2006; Submitted July 16, 

2010.

b) Sources of VOC volatile organic compounds

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.

Non-substantive revision to an 

acronym in the existing SIP. Revision 

submitted July 16, 2010, is 

approvable.

OAC 252: 100 – 8 – 52 Source 

Applicability Determination.

3 (continued...)

e. Sources locating in an 

attainment area but 

impacting on a 

Revisions effective June 15, 2006; 

Submitted July 16, 2010

Sources locating in an attainment 

area but impacting on a 

nonattainment area above the 

significant levels listed in OAC 

Revisions effective June 15, 2006; 

Submitted July 16, 2010.

c) Sources locating in an 

attainment area but impacting 

on a nonattainment area above 

the significant levels listed in 

Revisions update an internal crossreference to the PSD SILs at 40 CFR 

51.165(b)(2). These updates are 

approvable. 
257

Table 41: Evaluation of OAC 252:100-8-52 – Applicability Determination for Sources in Attainment Areas 

Causing or Contributing to NAAQS Violations

EPA’s Evaluation

nonattainment area above 

the significant levels listed 

in OAC 252:100-8-52(3) are 

exempted from the 

condition of OAC 252:100-

8-54(4)(A).

252:100-8-52(1) 252:100-8-52(3) are 

exempted from the condition of 

OAC 252:100-8-54(4)(A)..

OAC 252:100-8-52(a) 252:100-

8-52(1) are exempted from the 

condition of OAC 252:100-8-

54(4)(A).

OAC 252: 100 – 8 – 52 Source Applicability 

Determination.

3 (continued...)

f. 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 startup 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.

Revisions effective June 15, 2006; Submitted July 16, 

2010.

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 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.

Non-substantive revision to correct 

grammar in the existing SIP. Revision 

submitted July 16, 2010, is 

approvable.

OAC 252: 100 – 8 – 52 Source Applicability 

Determination.

3 (continued...)

g. 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 

Revisions effective June 15, 2006; Submitted July 16, 

2010.

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 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.

Non-substantive revision to correct 

grammar in the existing SIP. Revision 

submitted July 16, 2010, is 

approvable.
258

Table 41: Evaluation of OAC 252:100-8-52 – Applicability Determination for Sources in Attainment Areas 

Causing or Contributing to NAAQS Violations

EPA’s Evaluation

be required if the new source would not cause a 

new violation.

The new and revised requirements at OAC 252:100-8-52 establishing the Applicability Determination for Sources in Attainment 

Areas Causing or Contributing to NAAQS Violations satisfy federal NNSR requirements. These revisions are approvable.
259

6. Evaluation of OAC 252:100-8-53. Exemptions.

Background of OAC 252:100-8-53. Exemptions.

• The Oklahoma SIP includes OAC 252:100-8-53, as adopted by the ODEQ on June 15, 1998, effective June 25, 1998. EPA 

approved this provision on November 26, 2010. See 75 FR 72695.

• ODEQ has submitted two revisions to the Oklahoma SIP for NNSR Exemptions.

o Revisions effective June 15, 2006; submitted July 16, 2010, 

o Revisions effective June 1, 2009, submitted June 24, 2010.

The following table includes EPA’s evaluation of the revisions to OAC 252:100-8-53.

Table 42: EPA’s Evaluation of OAC 252:100-8-53 - Exemptions EPA’s Evaluation

OAC 252: 100 – 8 – 53 Exemptions.

a) Nonattainment area requirements 

do not apply to a particular 

source or modification locating in 

or impacting on a nonattainment 

area if: 

1. The source is major by virtue 

of fugitive emissions, to the 

extent quantifiable, included 

in calculating the potential to 

emit and is a source other 

than one of the following 

categories:

A. carbon black plants 

(furnace process),

B. charcoal production 

plants,

C. chemical process plants,

D. coal cleaning plants 

(with thermal dryers),

E. coke oven batteries,

Revisions effective June 15, 2006; 

Submitted July 16, 2010.

a) The requirement in 40 CFR 

51.165(a)(4) regarding 

exemption of fugitive emissions 

in determining if a source or 

modification is major are hereby 

incorporated by reference as they 

exist on January 2, 2006.

Nonattainment area requirements do 

not apply to a particular source or 

modification locating in or impacting 

on a nonattainment area if: 

1. The source is major by virtue 

of fugitive emissions, to the 

extent quantifiable, included 

in calculating the potential to 

emit and is a source other 

than one of the following 

categories:

Revisions effective June 1, 2009; 

Submitted June 24, 2010.

a) The requirements requirement in 

40 CFR 51.165(a)(4) regarding 

exemption of fugitive emissions 

in determining if a source or 

modification is major are hereby 

incorporated by reference as they 

exist on July 2, 2007January 2, 

2006.

The revisions to OAC 252:100-8-5-

53(a) incorporate by reference the 

exemptions from NNSR 

requirements as found at 40 CFR 

51.165(a)(4). These revisions are 

approvable.
260

Table 42: EPA’s Evaluation of OAC 252:100-8-53 - Exemptions EPA’s Evaluation

F. fossil-fuel boilers (or 

combination thereof) 

totaling more than 250 

million BTU per hour 

heat input,

G. fossil fuel-fired steam 

electric plant of more 

than 250 million BTU 

per hour heat input,

H. fuel conversion plants,

I. glass fiber processing 

plants,

J. hydrofluoric, sulfuric or 

nitric acid plants,

K. iron and steel mills,

L. kraft pulp mills,

M. lime plants,

N. municipal incinerators 

capable of charging 

more than 250 tons of 

refuse per day,

O. petroleum refineries,

P. petroleum storage and 

transfer units with a 

total storage exceeding 

300,000 barrels,

Q. phosphate rock 

processing plants,

R. portland cement plants,

S. primary aluminum ore 

reduction plants,

T. primary copper smelters,

U. primary lead smelters,

V. primary zinc smelters,

A. carbon black plants 

(furnace process),

B. charcoal production 

plants,

C. chemical process plants,

D. coal cleaning plants 

(with thermal dryers),

E. coke oven batteries,

F. fossil-fuel boilers (or 

combination thereof) 

totaling more than 250 

million BTU per hour 

heat input,

G. fossil fuel-fired steam 

electric plant of more 

than 250 million BTU 

per hour heat input,

H. fuel conversion plants,

I. glass fiber processing 

plants,

J. hydrofluoric, sulfuric or 

nitric acid plants,

K. iron and steel mills,

L. kraft pulp mills,

M. lime plants,

N. municipal incinerators 

capable of charging 

more than 250 tons of 

refuse per day,

O. petroleum refineries,

P. petroleum storage and 

transfer units with a 

total storage exceeding 

300,000 barrels,
261

Table 42: EPA’s Evaluation of OAC 252:100-8-53 - Exemptions EPA’s Evaluation

W. secondary metal 

production plants,

X. sintering plants,

Y. sulfur recovery plants,

Z. taconite ore processing 

plants, or

AA. any other stationary 

source category which, 

as of August 7, 1980, is 

being regulated by 

NSPS or NESHAP.

Q. phosphate rock 

processing plants,

R. portland cement plants,

S. primary aluminum ore 

reduction plants,

T. primary copper smelters,

U. primary lead smelters,

V. primary zinc smelters,

W. secondary metal 

production plants,

X. sintering plants,

Y. sulfur recovery plants,

Z. taconite ore processing 

plants, or

AA. any other stationary 

source category which, 

as of August 7, 1980, is 

being regulated by 

NSPS or NESHAP.

OAC 252: 100 – 8 – 53 Exemptions.

a) Nonattainment area requirements 

do not apply to a particular 

source or modification locating in 

or impacting on a nonattainment 

area if: 

1. ...

2. A source or modification 

was not subject to 40 CFR 

Part 51, Appendix S 

(emission offset 

interpretative ruling) as in

Revisions effective June 15, 2006; 

Submitted July 16, 2010.

b) Nonattainment area requirements 

do not apply to a particular 

source or modification locating in 

or impacting on a nonattainment 

area if the source or modification 

was not subject to 40 CFR Part 

51, Appendix S (emission offset 

interpretative ruling) as it existed 

in effect on January 16, 1979,

and the source:

Revisions effective June 1, 2009; 

Submitted June 24, 2010.

b) Nonattainment area requirements 

do not apply to a particular 

source or modification locating in 

or impacting on a nonattainment 

area if the source or modification 

was not subject to 40 CFR Part 

51, Appendix S (emission offset 

interpretative ruling) as it existed 

on January 16, 1979, and the 

source:

The revisions to OAC 252:100-8-5-

53(b) are non-substantive revisions 

to the current SIP-approved 

requirements at OAC 252:100-8-5-

53(a)(2). The renumbering and nonsubstantive edits are approvable. 

This provision continues to provide 

the start date for the NNSR

permitting requirements.
262

Table 42: EPA’s Evaluation of OAC 252:100-8-53 - Exemptions EPA’s Evaluation

effect on January 16, 1979 

and the source:

A. Obtained all final 

federal and state 

construction permits 

before August 7, 1980;

B. Commenced 

construction within 18 

months from August 7, 

1980 or any earlier time 

required by the State 

Implementation Plan; 

and,

C. Did not discontinue 

construction for a period 

of 18 months or more 

and completed 

construction within a 

reasonable time.

2. obtained Obtained all final 

federal and state construction 

permits before August 7, 

1980;

3. commenced Commenced 

construction within 18 

months from August 7, 1980 

or any earlier time required 

by the State Implementation 

Plan; and,

4. did Did not discontinue 

construction for a period of 

18 months or more and 

completed construction 

within a reasonable time.

1. obtained all final federal 

and state construction 

permits before August 7, 

1980;

2. commenced construction 

within 18 months from 

August 7, 1980 or any 

earlier time required by 

the State Implementation 

Plan; and,

3. did not discontinue 

construction for a period 

of 18 months or more and 

completed construction 

within a reasonable time.

OAC 252: 100 – 8 – 53 Exemptions.

b) Secondary emissions are 

excluded in determining the 

potential to emit (see definition 

of "potential to emit" in 252:100-

8-1.1). However, upon 

determination of the Executive 

Director, if a source is subject to 

the requirements on the basis of 

its direct emissions, the 

applicable requirements must 

also be met for secondary 

emissions but the source would 

Revisions effective June 15, 2006; 

Submitted July 16, 2010.

c) Secondary emissions are 

excluded in determining the 

potential to emit (see definition of 

"potential to emit" in 252:100-8-

1.1). However, upon 

determination of the Executive 

Director, if a source is subject to 

the requirements on the basis of 

its direct emissions, the 

applicable requirements must also 

be met for secondary emissions 

Revisions effective June 1, 2009; 

Submitted June 24, 2010.

c) Secondary emissions are excluded 

in determining the potential to 

emit. However, upon 

determination of the Director, if a 

source is subject to the 

requirements on the basis of its 

direct emissions, the applicable 

requirements must also be met for 

secondary emissions but the 

source would be exempt from the 

conditions of OAC 252: 100 – 8 

The revisions to OAC 252:100-8-

53(c) are non-substantive revisions 

to the current SIP-approved 

requirements pertaining to 

secondary emissions at OAC 

252:100-8-53(b). The renumbering 

and non-substantive edits correct 

internal cross-references but do not 

change the underlying secondary 

emission requirements of the 

approved NNSR program.
263

Table 42: EPA’s Evaluation of OAC 252:100-8-53 - Exemptions EPA’s Evaluation

be exempt from the conditions of 

252:100-8-52(3)(F) and 252:100-

8-54(1) through 252:100-8-54(3). 

Also, the indirect impacts of 

mobile sources are excluded.

but the source would be exempt 

from the conditions of OAC 252: 

100 – 8 – 52(4) 252:100-8-

52(3)(F) and 252:100-8-54(1) 

through 252:100-8-54(3). Also, 

the indirect impacts of mobile 

sources are excluded.

52(d) OAC 252: 100 – 8 – 52(4) 

and 252:100-8-54(1) through 

252:100-8-54(3). Also, the 

indirect impacts of mobile sources 

are excluded.

OAC 252: 100 – 8 – 53 Exemptions.

c) As specified in the applicable 

definitions, the requirements of 

Part 7 for PSD and Part 9 for 

nonattainment areas of this 

Subchapter are not applicable to 

a modification if the existing 

source was not major on August 

7, 1980 unless the proposed 

addition to the existing minor 

source is major in its own right.

Revisions effective June 15, 2006; 

Submitted July 16, 2010.

d) As specified in the applicable 

definitions, the requirements of 

Part 7 for PSD and Part 9 for 

nonattainment areas of this 

Subchapter are not applicable to 

a modification if the existing 

source was not major on August 

7, 1980, unless the proposed 

addition to the existing minor 

source is major in its own right.

Revisions effective June 1, 2009; 

Submitted June 24, 2010.

d) As specified in the applicable 

definitions, the requirements of 

Part 7 for PSD and Part 9 for 

nonattainment areas of this 

Subchapter are not applicable to a 

modification if the existing source 

was not major on August 7, 1980,

unless the proposed addition to 

the existing minor source is major 

in its own right.

The revisions to OAC 252:100-8-

53(d) are non-substantive to 

renumber the existing SIP-approved 

requirements at OAC 252:100-8-5-

53(c). This renumbering is 

approvable.

The new and revised requirements for NNSR Exemptions at OAC 252:100-8-53 satisfy federal requirements. These revisions are 

approvable.
264

6. Evaluation of OAC 252:100-8-54. Requirements for Sources Located in Nonattainment Areas.

Background of OAC 252:100-8-54. Requirements for Sources Located in Nonattainment Areas.

• The Oklahoma SIP includes OAC 252:100-8-54, as adopted by the ODEQ on June 15, 1998, effective June 25, 1998. EPA 

approved this provision on November 26, 2010. See 75 FR 72695.

• ODEQ has submitted one revision to the Oklahoma SIP for Requirements for Sources Located in Nonattainment Areas.

o Revisions effective June 15, 2006; submitted July 16, 2010, 

o Revisions effective June 1, 2009, submitted June 24, 2010.

The following table includes EPA’s evaluation of the revisions to OAC 252:100-8-54.

Table 43: EPA’s Evaluation of OAC 252:100-8-54 Requirements for Sources Located in Nonattainment Areas EPA’s Evaluation

OAC 252: 100 – 8 – 54 Requirements for Sources 

Located in Nonattainment Areas.

In the event a major source or modification would be 

constructed in an area designated as nonattainment for a 

pollutant for which the source or modification is major, 

approval shall be granted only if the following conditions 

are met:

1) The new source must demonstrate that it has applied 

control technology which the Executive Director, on 

a case by case basis, determines is achievable for a 

source based on the lowest achievable emission rate 

(LAER) achieved in practice by such category of 

source (i.e., lowest achievable emission rate as 

defined in the Act).

2) If the Executive Director determines that imposition 

of an enforceable numerical emission standard is 

infeasible due to technological or economic 

limitations on measurement methodology, a design, 

equipment, work practice or operational standard, or 

combination thereof, may be prescribed as the 

emission limitation rate.

Revisions effective June 15, 2006; Submitted July 16, 

2010.

In the event a major source or modification would be 

constructed in an area designated as nonattainment for a 

pollutant for which the source or modification is major, 

approval shall be granted only if the following conditions 

are met:

1) The new source must demonstrate that it has applied 

control technology which the Executive Director, on 

a case-by-case case by case basis, determines is 

achievable for a source based on the lowest 

achievable emission rate (LAER) achieved in 

practice by such category of source (i.e., lowest

achievable emission rate as defined in the Act).

2) If the Executive Director determines that imposition 

of an enforceable numerical emission standard is 

infeasible due to technological or economic 

limitations on measurement methodology, a design, 

equipment, work practice or operational standard, or 

combination thereof, may be prescribed as the 

emission limitation rate.

The revisions to OAC 252:100 – 8-

54 effective on June 15, 2006, 

submitted July 16, 2010 are 

approvable.

These revisions are non-substantive 

to update references to the Director 

and to change the 

spelling/punctuation of case-by-case.
265

Table 43: EPA’s Evaluation of OAC 252:100-8-54 Requirements for Sources Located in Nonattainment Areas EPA’s Evaluation

3) The owner or operator of the new source must 

demonstrate that all other major sources owned or 

operated by such person in Oklahoma are in 

compliance, or are meeting all steps on a schedule for 

compliance, with all applicable limitations and 

standards under Oklahoma and Federal Clean Air 

Acts.

4) The owner or operator of the new source must 

demonstrate that upon commencing operations:

A. The emissions from the proposed source and all 

other sources permitted in the area do not exceed 

the planned growth allowable for the area 

designated in the State Implementation Plan; or,

B. The total allowable emissions from existing 

sources in the region and the emissions from the 

proposed source will be sufficiently less than the 

total emissions from existing sources allowed 

under the State Implementation Plan at the date 

of construction permit application so as to 

represent further progress toward attainment or 

maintenance of the ambient air quality standards 

in the problem area.

5) The owner or operator may present with the 

application an analysis of alternate sites, sizes and 

production processes for such proposed source.

3) The owner or operator of the new source must 

demonstrate that all other major sources owned or 

operated by such person in Oklahoma are in 

compliance, or are meeting all steps on a schedule for 

compliance, with all applicable limitations and 

standards under Oklahoma and Federal Clean Air 

Acts.

4) The owner or operator of the new source must 

demonstrate that upon commencing operations:

A. The emissions from the proposed source and all 

other sources permitted in the area do not exceed 

the planned growth allowable for the area 

designated in the State Implementation Plan; or,

B. The total allowable emissions from existing 

sources in the region and the emissions from the 

proposed source will be sufficiently less than the 

total emissions from existing sources allowed 

under the State Implementation Plan at the date 

of construction permit application so as to 

represent further progress toward attainment or 

maintenance of the ambient air quality standards 

in the problem area.

5) The owner or operator may present with the 

application an analysis of alternate sites, sizes and 

production processes for such proposed source.

The revisions to the NNSR Requirements for Sources Located in Nonattainment Areas at OAC 252:100-8-54 are approvable. These 

revisions are consistent with federal requirements.
266

7. Evaluation of OAC 252-100:8-54.1 Ozone and PM10 Precursors.

Background of OAC 252:100-8-54.1. Ozone and PM10 Precursors.

• The Oklahoma SIP does not include OAC 252:100-8-54.1.

• ODEQ has submitted one revisions to the Oklahoma SIP establishing NNSR provisions for Ozone and PM10 precursors.

o Revisions effective June 1, 2009, submitted June 24, 2010.

The following table includes EPA’s evaluation of the revisions to OAC 252:100-8-54.1.

Table 44: EPA’s Evaluation of OAC 252:100-8-54.1 Ozone and PM10 Precursors EPA’s Evaluation

New provisions effective June 1, 2009; Submitted June 24, 2010.

a) Ozone. The requirements of Part 9 of OAC 252:100 – 8 applicable to major stationary sources and major 

modifications of VOCs shall apply to NOX emissions from major stationary sources and major modifications of 

NOX in an ozone transport region (as defined in 42 U.S.C 7511c) or in any ozone nonattainment area, except in 

ozone nonattainment areas or in portions of an ozone transport region where the Administrator has granted a NOX

waiver applying the standards set forth under section 182(f) of the Act and the waiver continues to apply.

b) PM10 Precursors. The requirements of Part 9 OAC 252:100 – 8 applicable to major stationary sources and major 

modifications of PM10 shall also apply to major stationary sources and major modifications of PM10 precursors, 

except where the Administrator determines that such sources do not contribute significantly to PM10 levels that 

exceed the PM10 ambient standards in the area.

The new provision at OAC 

252:100-8-54.1(a) identifies that 

NOX is an ozone precursor. This is 

consistent with the federal 

requirements at 40 CFR 

51.165(a)(1)(xxxvii)(C)(1). This 

revision is approvable.

The new provision at OAC 

252:100-8-54(b) identifies that 

requirements of NNSR applicable to 

major stationary sources and major 

modifications of PM10 shall also

apply to major stationary sources 

and major modifications of PM10 

precursors. This is consistent with 

the federal requirements at 40 CFR 

51.165(a)(11), This revision is 

approvable.

The new requirements for ozone and PM10 NNSR precursors are consistent with federal requirements. These requirements are 

approvable.
267

8. Evaluation of OAC 252:100-8-55. Source Obligation.

Background of OAC 252:100-8-55. Source Obligation.

• The Oklahoma SIP does not include OAC 252:100-8-55.

• ODEQ has submitted two revisions to the Oklahoma SIP establishing NNSR provisions for Source Obligation.

o Revisions effective June 15, 2006, submitted July 16, 2010, and

o Revisions effective June 1, 2009, submitted June 24, 2010.

The following table includes EPA’s evaluation of the revisions to OAC 252:100-8-55.

Table 45: EPA’s Evaluation of OAC 252:100-8-55. Source Obligation EPA’s Evaluation

New provisions effective June 15, 2006; Submitted July 

16, 2010.

a) Construction permits required. An owner or operator 

shall obtain a construction permit prior to 

commencing construction of a new major stationary 

source or major modification.

b) Responsibility to comply and the consequences of 

relaxation of permit conditions. The requirements in 

40 CFR 51.165(a)(5) regarding the responsibility to 

comply with applicable local State or Federal law and 

the consequences of becoming a major source by 

virtue of a relaxation in any enforcement limitation 

are hereby incorporated by reference as they exist on 

January 2, 2006.

c) Requirements when using projected actual emissions.

1. The specific provisions in 40 CFR 

51.165(a)(6)(i) through (v) shall apply to 

projects at existing emissions units at a major 

stationary source (other than projects at a source 

with a PAL) when the owner or operator elects 

to use the method, specified in the definition of 

"projected actual emissions" at 40 CFR 

51.165(a)(xxviii)(B)(l) through (3) (as they 

Revisions effective June 1, 2009; Submitted June 24, 2010.

a) Construction permits required. An owner or operator 

shall obtain a construction permit prior to 

commencing construction of a new major stationary 

source or major modification.

b) Responsibility to comply and the consequences of 

relaxation of permit conditions. The requirements in 

40 CFR 51.165(a)(5) regarding the responsibility to 

comply with applicable local State or Federal law and 

the consequences of becoming a major source by 

virtue of a relaxation in any enforcement limitation 

are hereby incorporated by reference as they exist on

July 2, 2007 January 2, 2006.

c) Requirements when using projected actual emissions.

1. The specific provisions in 40 CFR 51.165(a)(6)(i) 

through (v) (as they exist on July 2, 2007) shall 

apply to projects at existing emissions units at a 

major stationary source (other than projects at a 

source with a PAL) when the owner or operator 

elects to use the method, specified in the 

definition of "projected actual emissions" at 40 

CFR 51.165(a)(1)(xxviii)(B)(1) through (3) 40 

CFR 51.16S(a)(xxvili)(B)(l) through (3) (as they 

The source obligation provisions 

effective on June 15, 2006, 

submitted July 16, 2010; and the 

revisions effective June 1, 2009, 

submitted June 24, 2010, are 

approvable. These source obligation 

requirements reflect the 

requirements of 40 CFR 51.165 by 

requiring that owners or operators 

shall obtain an NNSR permit prior 

to commencing construction. 

Additionally, the ODEQ has 

incorporated by reference the 

requirements at 40 CFR 

51.165(a)(5), (a)(6), and (a)(7). 

Note that the Oklahoma NNSR 

program does not include the

reasonable possibility provisions at 

40 CFR 51.165(a)(6)(vi). Rather, 

the Oklahoma NNSR program 

requires all sources using the 

“projected actual emissions” 

methodology to maintain records 

consistent with 40 CFR 
268

Table 45: EPA’s Evaluation of OAC 252:100-8-55. Source Obligation EPA’s Evaluation

existed on January 2. 2006) for calculating 

projected actual emissions.

2. The requirements in 40 CFR 51.165(a)(6)(i) 

through (v) are hereby incorporated by reference 

as they existed on January 2. 2006.

d) Availability of information, The requirements in 40 

CFR 51.165(a)(7) regarding availability of 

information required to document the use of 

projected actual emissions for determining if a 

project is a major modification are hereby 

incorporated by reference as they existed on January 

2, 2006.

existed on January 2. 2006) for calculating 

projected actual emissions.

2. The requirements in 40 CFR 51.165(a)(6)(i) 

through (v) are hereby incorporated by reference 

as they exist existed on July 2, 2007 January 2, 

2006.

d) Availability of information, The requirements in 40 

CFR 51.165(a)(7) regarding availability of 

information required to document the use of projected 

actual emissions for determining if a project is a major 

modification are hereby incorporated by reference as 

they exist existed on July 2, 2007 January 2, 2006.

51.165(a)(6). This is more stringent 

than federal requirements and is 

therefore approvable. 

The new and revised NNSR Source Obligation requirements at OAC 252:100-8-55 are consistent with federal requirements. These 

revisions are approvable.
269

9. Evaluation of OAC 252:100-8-56. Actual PAL.

Background of OAC 252:100-8-56. Actual PAL.

• The Oklahoma SIP does not include OAC 252:100-8-56.

• ODEQ has submitted two revisions to the Oklahoma SIP establishing NNSR provisions Actual PALs.

o Revisions effective June 15, 2006, submitted July 16, 2010, and

o Revisions effective June 1, 2009, submitted June 24, 2010.

The following table includes EPA’s evaluation of the revisions to OAC 252:100-8-56.

Table 46: Evaluation of OAC 252:100-56. Actual PAL. EPA’s Evaluation

New provisions effective June 15, 2006; Submitted July 

16, 2010.

The requirements in 40 CFR 51.165(f) regarding actuals 

PAL except for the terminology contained in OAC 252: 

100 – 8 – 50.1(b) are hereby incorporated by reference as 

they existed on January 2, 2006.

Revisions effective June 1, 2009; Submitted June 24, 

2010.

The requirements in 40 CFR 51.165(f) regarding actuals 

PAL except for the terminology contained in OAC 252: 

100 – 8 – 50.1(b) are hereby incorporated by reference as 

they exist existed on July 2, 2007 January 2, 2006.

The provisions effective June 15, 

2006 and submitted July 16, 2010, 

and the revisions effective June 1, 

2009, submitted June 24, 2010, 

establish the requirements for NNSR 

Actuals PALs. The ODEQ is 

incorporating by reference the 

provisions for Actual Pals at 40 CFR 

51.165(f), with the exception of the 

following terms:

• “baseline actual emissions” as 

defined in OAC 252:100-8-

50.1(b)(1) and OAC 252:100-8-

31.

• “building, structure, facility or 

installation” as defined in OAC 

252:100-8-50.1(b)(2) and OAC 

252:100-1-3.

• “EPA” is synonymous with 

ODEQ unless context clearly 

indicates otherwise.
270

• “major modification” is defined 

in OAC 252:100-8-50.1(b)(4) 

and OAC 252:100-8-51.

• “Net emissions increase” as 

defined in OAC 252:100-8-

50.1(b)(5) and OAC 252:100-8-

51.

• “reviewing authority” means 

ODEQ Director.

• “secondary emissions” as defined 

in OAC 252:100-8-50.1(b)(8) 

and OAC 252:100-8-51.

• “state implementation plan” 

means OAC 252:100

• “VOC” as defined at OAC 

252:100-8-50.1(b) and OAC 

252:100-3.

The ODEQ has correctly 

incorporated the NNSR Actuals 

PALs provisions. With regards to the 

definitions that are not incorporated, 

but are addressed within the 

Oklahoma SIP, EPA’s previous 

analysis of these revisions 

demonstrates these revisions are 

approvable and consistent with 

federal requirements.

The new and revised revisions for NNSR Actual PALs at OAC 252:100-8-56 are consistent with federal requirements. These revisions 

are approvable.
271

10. Evaluation of OAC 252:100-8-57. Severability.

Background of OAC 252:100-8-57. Severability.

• The Oklahoma SIP does not include OAC 252:100-8-57.

• ODEQ has submitted one revisions to the Oklahoma SIP establishing NNSR severability provisions.

o Revisions effective June 15, 2006, submitted July 16, 2010, and

The following table includes EPA’s evaluation of the revisions to OAC 252:100-8-57.

Table 47: Evaluation of OAC 252:100-8-57. Severability. EPA’s Evaluation

New provisions effective June 15, 2006; Submitted July 16, 2010.

If any provision of this Part, or the application of such provision to any person or circumstance, is held invalid, the 

remainder of this Part, or the application of such provision to persons or circumstances other than those as to which it 

is held invalid, shall not be affected thereby.

The intent of this provision is a legal 

severability – if any provision is held 

invalid by legislation or federal 

court, then the application of such 

provision is no longer required. The 

ODEQ added this provision in the 

June 15, 2006, rulemaking to adopt 

and implement the NSR Reform 

requirements. This provision is 

similar to the severability provisions 

EPA created at 40 CFR 51.165(g).
272

11. Evaluation of the Oklahoma Nonattainment New Source Review Program Revisions with 

respect to the federal requirements for Permitting in Nonattainment Areas 

The revisions to the Oklahoma NNSR program under review in this TSD have been submitted to 

address the following federal regulations:

• EPA’s NSR Reform Rule (67 FR 800186, December 31, 2002) and (68 FR 63021,

November 7, 2003);

• Implementation of the 8-hour Ozone (O3) NAAQS-Phase 2; Final Rule to Implement 

Certain Aspects of the 1990 Amendments Relating to NSR and PSD as They Apply 

to Carbon Monoxide (CO), PM and O3 NAAQS (70 FR 71612, November 29, 2005); 

• PSD and NNSR: Reasonable Possibility in Recordkeeping (72 FR 72607, December 

21, 2007); 

• NSR PM2.5 Implementation Rule (73 FR 28321, May 16, 2008); 

• PSD for PM2.5-Increments, Significant Impact Levels (SILs) and Significant 

Monitoring Concentration (SMC) (75 FR 64864, October 20, 2010);

• PSD and NNSR: Reconsideration of Inclusion of Fugitive Rule (76 FR 17548, March 

30, 2011).

i. How do the revisions to the Oklahoma NNSR Program address the NNSR program 

requirements of the NSR Reform Rule?

EPA promulgated its NSR Reform Program rules on December 31, 2002 (67 FR 80186). On 

November 7, 2003 (68 FR 63021), EPA promulgated a final action on its reconsideration of the 

December 31, 2002, NSR Reform. Our evaluation of the Oklahoma SIP submittals demonstrates 

the ODEQ has adopted and submitted revisions to the NNSR permitting program that are 

sufficient to implement the required elements of NSR Reform. The rule revisions effective June 

15, 2006, submitted as a revision to the Oklahoma SIP on July 16, 2010, include revisions to 

OAC 252:100 Part 9 – Major Sources Affecting Nonattainment Areas. The submission covers 

Applicability, NNSR requirements, Actuals PALs, and Definitions that support the NSR Reform 

program. To be approvable under the SIP, states implementing Part D (NNSR permit program in 

51.165) must include EPA’s December 31, 2002, changes as minimum program elements. The 

SIP revision submission is required to meet the following NNSR SIP requirements to implement 

the NSR Reform rule and its applicability. The substantial revisions to the NSR Reform rules 

support these major aspects.

• Incorporation of a new method for determining baseline actual emissions defined in OAC 

252:100-8-50 and OAC 252:100-8-51; 

• Incorporation of the actual-to-projected- actual methodology for determining whether a 

major modification has occurred found in OAC 252:100-8-50; and 

• Inclusion of rules that allow major stationary sources to comply with Plantwide 

Applicability Limits (PALs) to avoid having a significant emissions increase that triggers 

the requirements of the major NSR program found OAC 252:100-8-56. 
273

ii. How do the revisions to the Oklahoma NNSR Program satisfy the NNSR requirements in 

EPA’s November 29, 2005, Final Rule to Implement the 8-hour Ozone (O3) NAAQS -

Phase 2 and Certain Aspects of the 1990 Amendments Relating to NSR and PSD as They 

Apply to Carbon Monoxide (CO), PM and O3 NAAQS (O3 NAAQS Implementation 

Rule)?

The EPA finalized O3 NAAQS Implementation Rule to provide additional regulatory 

requirements under the PSD SIP program regarding the implementation of the 8 hour ozone 

NAAQS. See, 70 FR 71612. Regarding NSR, this rule is based on the proposed rule published on 

June 2, 2003 to implement the 8-hour O3 NAAQS. See, 68 FR 32802. As well as the proposed 

rule published on July 23, 1996 for PSD and NNSR. See, 61 FR 38305. These changes provide a 

consistent national program for permitting major stationary sources under section 110(a)(2)(C) 

and parts C and D of title I, including major stationary sources of ozone precursors in ozone 

nonattainment areas. This rule codifies requirements added to part D of Title I of the CAA in the 

1990 Amendments related to permitting of major stationary sources in areas that are 

nonattainment for O3, PM, and CO NAAQS. Second, EPA revised the criteria for crediting 

emissions reductions credits from shutdowns and curtailments as offsets. Third, revisions to the 

regulations for permitting of major stationary sources in nonattainment areas in interim periods 

between designation of new nonattainment areas and EPA’s approval of a revised SIP. Fourth, 

EPA changed the regulations that impose a ban prohibiting construction of new or modified 

major stationary sources in nonattainment area where the State fails to have an implementation 

plan meeting all of the requirements of part D. The revisions to the Oklahoma NNSR Program 

address the required elements of the EPA’s final 8-hour Ozone NAAQS Phase 2 rule as follows:

• The Oklahoma NNSR program at OAC 252:100-8-51 incorporates by reference the 

federal NNSR definition of “major stationary source” at 40 CFR 51.165(a)(1)(iv) as of 

July 1, 2010. 

• The definition of “major modification” at OAC 252:100-8-51 was revised by adding a 

new paragraph (C) and new OAC 252:100-8-54.1(a) together requires NOX to be 

regulated as an ozone precursor in an ozone nonattainment area consistent with the 

federal requirements at 40 CFR 51.165(a)(1)(v) and (a)(3)(8).

• The Oklahoma NNSR program at OAC 252:100-8-51 incorporates by reference the 

federal NNSR definition of “significant” at 40 CFR 51.165(a)(1)(x) as of July 1, 2010.

• New OAC 252:100-8-51.1(b) incorporates by reference the emission offset requirements 

in 40 CFR 51.165(a)(9) as of July 2, 2007.

• New OAC 252:100-8-54.1(b) makes the PM10 requirements apply to the PM10 

precursors consistent with the requirements at 40 CFR 51.165(a)(10)

iii. How do the revisions to the Oklahoma NNSR Program address the NNSR program 

requirements of the EPA’s PSD and NNSR: Reasonable Possibility in Recordkeeping

Rulemaking? 

The EPA finalized PSD and NNSR: Possibility in Recordkeeping on December 21, 2007. See, 72 

FR 72607. This rule clarifies the “reasonable possibility” recordkeeping and reporting standards 

of our 2002 NSR Reform rules. The “reasonable possibility” standard identifies for sources and 

reviewing authorities the criteria under which an owner or operator of a major stationary source 
274

undergoing a physical change or change in the method of operation that does not trigger major 

NSR permitting requirements must keep records. The standard also specifies when the 

recordkeeping and reporting requirements apply to such sources. The revisions to the Oklahoma 

NNSR program effective June 15, 2006, submitted July 16, 2010, incorporate by reference of 

2007 the requirements in 40 CFR 51.165(a)(6)(i) through (a)(6)(v). These requirements apply to 

any source using the “projected actual emissions” methodology. Therefore, the Oklahoma SIP 

does not need to include the reasonable possibility provisions at 40 CFR 51.165(a)(6)(vi).

The Oklahoma Department of Environmental Quality submitted a letter of interpretation on 

February 8, 2016, that explained how the Oklahoma PSD program applies the recordkeeping and 

reporting requirements consistent with 40 CFR 51.166(r)(6)(i) – (v) to all sources that use the 

“projected actual emissions” methodology; not just a subset of sources that have a “reasonable 

possibility” that would result in a significant emissions increase. While the February 8, 2016, 

letter is specific to the Oklahoma PSD program and the requirements at OAC 252:100-8-36.2, 

we find that the Oklahoma NNSR program similarly and the same argument would apply. Any 

source using the “projected actual emissions” methodology is required to use the recordkeeping 

and reporting requirements consistent with 40 CFR 51.165(a)(6)(i) – (v). The Oklahoma NNSR 

program is more stringent than federal requirements.

iv. How do the revisions to the Oklahoma NNSR program address the requirements of the 

May 16, 2008 NSR PM2.5 Implementation Rule?

The EPA promulgated two rules establishing both required and optional implementation 

regulations for NNSR permitting programs for PM2.5 : the May 16, 2008 final rule for 

Implementation of the New Source Review (NSR) Program for Particulate Matter Less than 2.5 

Micrometers (PM2.5) (referred to as the NSR PM2.5 Implementation Rule), 73 FR 28321; and the 

October 20, 2010 final rule for Prevention of Significant Deterioration (PSD) for Particulate 

Matter Less than 2.5 Micrometers (PM2.5) – Increments, Significant Impact Levels (SILs) and 

Significant Monitoring Concentration (SMC) (referred to as the PM2.5 PSD Increments – SILs –

SMC Rule), 75 FR 64864. The State’s August 16, 2010 submittals address the regulatory 

requirements of these implementation rules for the 1997 and 2006 PM2.5 NAAQS as applicable 

to its NNSR permitting program. Based on the analysis presented below and in our 

accompanying TSD, EPA is proposing to find that the August 16, 2010, revision to the 

Oklahoma NNSR permitting program includes all of the NNSR requirements of the 2008 final 

NSR PM2.5 Implementation Rule for the following reasons:

(1) Regulation of Direct PM2.5 and Precursors: The revised definition of “regulated NSR

pollutant” at OAC 252:100-8-51 is consistent with the federal definition of “regulated NSR 

pollutant” at 40 CFR 51.165(a)(1)(xxxvii) and identifies precursors to PM2.5 in nonattainment 

areas. With respect to PM2.5, the revised definition of “regulated pollutant” at OAC 252:100-8-51

identifies sulfur dioxide and nitrogen oxides as regulated PM2.5 precursors while volatile organic 

compounds (VOCs) and ammonia are not regulated PM2.5 precursors in PM2.5 nonattainment 

areas in Oklahoma. 

(2) Establish SERs: The February 6, 2012, submittal incorporates by reference the definition 

of “significant” at 40 CFR 51.165(a)(1) as it exists on July 1, 2011, and will therefore include
275

significant emission rates for direct PM2.5 and for sulfur dioxide and nitrogen oxides as PM2.5

precursors as promulgated by EPA at 40 CFR 51.165(a)(1)(xxxvii)(C) and (D) on May 16, 2008.

(3) Condensable PM10/PM2.5 Emissions: The revised definition of “regulated NSR pollutant” 

at OAC 252:100-8-51 is consistent with the federal requirements promulgated on May 16, 2008 

at 40 CFR 51.165(a)(1)(xxxvii). 

v. The EPA’s Analysis of the February 6, 2012, SIP Revisions to the Oklahoma NNSR 

Permitting Program Submittal in light of the Litigation on the May 16, 2008 PM2.5 NSR 

Implementation Rule

On January 4, 2013, the U.S. Court of Appeals for the District of Columbia Circuit, in Natural 

Resources Defense Council v. EPA6 issued a decision that remanded the EPA’s 2007 and 2008 

rules implementing the 1997 PM2.5 NAAQS. With respect to the requirements for 

implementation of the PM2.5 NAAQS in nonattainment areas, the Court found that EPA erred in 

implementing the PM2.5 NAAQS in these rules solely pursuant to the general implementation 

provisions of subpart 1 of part D of title I of the CAA, rather than pursuant to the additional 

implementation provisions specific to particulate matter nonattainment areas in subpart 4. The 

Court ordered the EPA to “repromulgate” these rules pursuant to subpart 4 consistent with this 

opinion.” Id. at 437. Subpart 4 of Part D, Title I of the CAA establishes additional provisions for 

particulate matter nonattainment areas.

The 2008 PM2.5 NSR Implementation Rule addressed by the NRDC decision promulgated NSR 

requirements for implementation of PM2.5 in both nonattainment areas (NNSR) and 

attainment/unclassifiable areas (PSD).7

 As the requirements of subpart 4 only pertain to 

nonattainment areas, the EPA does not consider the portions of the 2008 rule that address 

requirements for PM2.5 in attainment and unclassifiable areas to be affected by the court’s 

opinion. Moreover, the EPA does not anticipate the need to revise any PSD requirements 

promulgated in the 2008 NSR PM2.5 Implementation Rule in order to comply with the court’s 

decision. 

With respect to the nonattainment area requirements in affected rules, including the NNSR 

requirements of the 2008 PM2.5 NSR Implementation Rule, on June 2, 2014, the EPA published a 

final rulemaking that begins to address the remand of both rules. See 79 FR 31566. The final rule 

classifies all existing 1997 and 2006 PM2.5 NAAQS nonattainment areas as “Moderate” 

nonattainment areas and sets a deadline of December 31, 2014, for states to submit any SIP 

submissions, including nonattainment NSR SIPs, that may be necessary to satisfy the 

requirements of subpart 4, part D, title I of the CAA with respect to those 1997 and 2006 PM2.5

NAAQS nonattainment areas.

In a separate rulemaking process which will follow the April 2014 rule, EPA is evaluating the 

requirements of subpart 4 as they pertain to, among other things, nonattainment NSR for PM2.5

 6 706 F.3d 428 (D.C. Cir. 2013).

7 The 2007 implementation rule also addressed by the NRDC decision does not address any NSR requirements and is 

therefore not addressed by this rulemaking.
276

emissions. In particular, subpart 4 includes section 189(e) of the CAA, which requires the control 

of major stationary sources of PM10 precursors “except where the Administrator determines that 

such sources do not contribute significantly to PM10 levels which exceed the standard in the 

area.” Under the court’s decision in NRDC, section 189(e) of the CAA also applies to PM2.5.

Notably, Oklahoma does not have any areas designated as nonattainment under either the 1997 

or the 2006 PM2.5 NAAQS. The obligation for a state to submit a plan addressing PM2.5

nonattainment NSR permitting requirements under CAA section 189(a)(1) – (2) only attaches 

when an area within a state has been designated nonattainment. Accordingly, Oklahoma is not 

required at this time to make any submissions addressing PM2.5 nonattainment NSR permitting. 

The December 31, 2014 deadline for states to make any additional submission necessary to 

address the requirements of subpart 4 as to the 1997 and 2006 PM2.5 NAAQS, including 

addressing the regulation of PM2.5 precursors pursuant to section 189(e), does not apply to 

Oklahoma.

Nonetheless, as discussed above in our evaluation of the NNSR Definitions at OAC 252:100-8-

51, the State of Oklahoma submitted a revision to the Oklahoma SIP on February 6, 2012, which 

included revisions to definitions in the Oklahoma NNSR Permitting Program to address PM2.5. 

The revised definition of “regulated NSR pollutant” at OAC 252:100-8-51 is consistent with the 

federal definition of “regulated NSR pollutant” at 40 CFR 51.165(a)(1)(xxxvii) and identifies 

precursors to PM2.5 in nonattainment areas. With respect to PM2.5, the revised definition of 

“regulated pollutant” at OAC 252:100-8-51 identifies sulfur dioxide and nitrogen oxides as 

regulated PM2.5 precursors while volatile organic compounds (VOCs) and ammonia are not 

regulated PM2.5 precursors in PM2.5 nonattainment areas in Oklahoma. The February 6, 2012, 

submittal incorporates by reference the definition of “significant” at 40 CFR 51.165(a)(1) as it 

exists on July 1, 2011, and will therefore include significant emission rates for direct PM2.5 and 

for sulfur dioxide and nitrogen oxides as PM2.5 precursors. These revisions, although consistent 

with the 2008 NSR Rule as developed consistent with subpart 1 of the Act, may not contain the 

elements necessary to satisfy the CAA requirements when evaluated under the subpart 4 

statutory requirements in the event an area in Oklahoma is designated nonattainment in the 

future. In particular, Oklahoma’s submission does not include regulation of VOCs and ammonia 

as PM2.5 precursors, nor does it include a demonstration consistent with section 189(e) showing 

that major sources of those precursor pollutants would not contribute significantly to PM2.5 levels 

exceeding the standard in the area. For these reasons, the EPA cannot conclude at this time that 

this part of the Oklahoma NNSR submission satisfies all of the requirements of subpart 4 as they 

pertain to PM2.5 NNSR permitting. However, because PM2.5 levels in Oklahoma do not currently 

exceed the standard, it is not necessary for the Oklahoma NNSR SIP at this time to fully address 

the requirements under CAA section 189. In the event that an area is designated nonattainment 

for the 2012 PM2.5 NAAQS or any other future PM2.5 NAAQS, Oklahoma will have a deadline 

under section 189(a)(2) of the CAA to make a submission addressing the statutory requirements 

as to that area, including the requirements in section 189(e) that apply to the regulation of PM2.5

precursors.

Although the revisions to Oklahoma’s NNSR rule may not be required by the statute or contain 

all of the necessary elements to satisfy the CAA requirements when evaluated under the subpart 

4 provisions, the revisions themselves represent an enhancement of the currently SIP-approved 
277

Oklahoma NNSR Permitting Program, which does not address PM2.5 or its precursors at all. For 

these reasons, EPA is proposing to approve the nonattainment NSR revisions at OAC 252:100-8-

51 as submitted on February 6, 2012. We note that only SO2 and NOX will be regulated as PM2.5

precursors under the Oklahoma NNSR program.

vi. How do the revisions to the Oklahoma NNSR program satisfy the Required Increment 

Component of the PM2.5 Increment – SILs – SMC Rule?

The EPA finalized the PM2.5 PSD Increment – SILs – SMC Rule to provide additional regulatory 

requirements under the PSD SIP program regarding the implementation of the PM2.5 NAAQS. 

See, 75 FR 64864. The PM2.5 PSD Increment – SILs – SMC Rule required states to submit SIP 

revisions to EPA by July 20, 2012, adopting provisions equivalent to or at least as stringent as 

the PM2.5 PSD increments and the associated implementing regulations promulgated pursuant to 

section 166(a) of the CAA. More detail on the PM2.5 PSD Increment – SILs – SMC Rule can be 

found in EPA’s October 20, 2010 final rule. See, 75 FR 64864.

With respect to the NNSR Program, the October 20, 2010 final rule also codified the PM2.5 SILs 

in the EPA’s regulations on new source review and permitting requirements at 40 CFR 

51.165(b)(2). Unlike the PSD regulations (40 CFR 51.166 and 40 CFR 52.21), 40 CFR 

51.165(b)(2) does not use the SILs to exempt a source from conducting cumulative air quality 

analysis. Instead, 40 CFR 51.165(b)(2) states that a proposed source or modification will be 

considered to cause a violation of a NAAQS when that source or modification would, at a 

minimum exceed the SIL in any area that does not or would not meet the applicable NAAQS. 

The revisions at OAC 252:100-8-52(a) incorporate by reference the federal requirements for 

SILs at 40 CFR 51.165(b)(2) as of December 20, 2010.

vii. The EPA’s Analysis of the revisions to the Oklahoma NNSR program in light of the 

Litigation on the October 20, 2010 PSD for PM2.5 – Increments, SILs, and SMC Rule?

The EPA’s October 20, 2010 PSD for PM2.5 – Increments, SILs and SMC Rule also provided 

that States could discretionarily choose to adopt and submit for EPA approval PM2.5 SILs, used 

as a screening tool to evaluate the impact a proposed new major source or major modification 

may have on the NAAQS or PSD increment, and/or a PM2.5 SMC (also a screening tool) to 

determine the subsequent level of ambient air monitoring data gathering required for a PSD 

permit application for emissions of PM2.5. 

On January 22, 2013, the U.S. Court of Appeals for the District of Columbia granted a request 

from the EPA to vacate and remand to the EPA portions of the federal PSD regulations (40 CFR 

51.166(k)(2) and 52.21(k)(2)) setting forth provisions for implementing SILs for PM2.5 so that 

the EPA could reconcile the inconsistency between the regulatory text and certain statements in 

the preamble to the 2010 final rule. Sierra Club v. EPA, 705 F.3d 458, 463-64 (D.C. Cir. 2013). 

The court declined to vacate the different portions of the federal PSD regulations (40 CFR 

51.165(b)(2)) for implementing SILs for PM2.5 that did not contain the same inconsistency in the 

regulatory text. Id. at 465-66. The court further vacated the portions of the PSD regulations (40 

CFR 51.166(i)(5)(i)(c) and 52.21(i)(5)(i)(c)) implementing a PM2.5 SMC, finding that the EPA 
278

lacked legal authority to adopt and use the PM2.5 SMC to exempt permit applicants from the 

statutory requirement to compile and submit ambient monitoring data. Id. at 468-69. On 

December 9, 2013, EPA issued a good cause final rule formally removing the affected PSD SILs 

and SMC provisions from the CFR. See, 78 FR 73698. The court ruling and EPA’s subsequent 

good cause final rulemaking only addressed the PSD revisions of the October 20, 2010, final 

rule; therefore there will be no impact on the submitted revisions to the Oklahoma NNSR 

program.

viii. How do the revisions to the Oklahoma NNSR program address the Fugitive Emissions 

Rule and subsequent EPA-stays? 

On December 19, 2008, the EPA issued a final rule revising the requirements of PSD and NNSR 

program regarding the treatment of fugitive emissions (Fugitive Emissions Rule, 73 FR 77882)). 

The Fugitive Emissions Rule required fugitive emissions to be included in determining whether a 

physical or operational change results in a major modification only for sources in industries that 

have been designated through rulemaking under section 302(j) of the CAA. Previously, the EPA 

rules required that fugitive emissions be included in major modification applicable 

determinations for all source categories.

On February 17, 2009, the Natural Resources Defense Council (NRDC) submitted a petition for 

reconsideration of the December 2008 Fugitive Emissions Rule. On April 24, 2009, the EPA 

responded to the petition by letter indicating we were convening a reconsideration proceeding for 

the December 2008 Fugitive Emissions Rule and granted a 3-month administrative stay of the 

rule provisions. The initial 3-month administrative stay of the Fugitive Emissions Rule became 

effective on September 30, 2009. See 74 FR 50115. An interim final rule extending the 

administrative stay for an additional 3 months became effective on December 31, 2009. See 74 

FR 5265692. An additional 18 month stay was finalized on March 31, 2010. See 75 FR 16012.

The EPA finalized a final rule on March 30, 2011, titled PSD and NNSR: Reconsideration of 

Inclusion of Fugitive Rule. See, 76 FR 17548. This final action stayed indefinitely the provisions 

of the December 2008 Fugitive Emissions Rule. Following is a summary of how the Oklahoma 

NNSR program addresses fugitive emissions. 

• The Oklahoma NNSR program does not include the revisions to “major modification” or 

“net emissions increase” promulgated by EPA in the December 2008 Fugitive Emissions 

Rule at 40 CFR 51.165(a)(1)(v)(G) or 40 CFR 51.165(a)(1)(vi)(C)(3), respectively. As 

such, the Oklahoma NNSR program does not include the provisions that are indefinitely 

stayed. 

• The Oklahoma NNSR program continues to require fugitive emissions to be included in 

the major modification applicability determinations for all source categories.

o The Oklahoma NNSR program at OAC 252:100-8-51 incorporates by reference 

the federal NNSR definitions for “major stationary source,” “fugitive emissions,”

and “projected actual emissions” as of July 1, 2010. The Oklahoma NNSR 

program does not IBR the definition of baseline actual emissions, rather the 
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NNSR program relies on the Oklahoma PSD definition at OAC 252:100-8-31 for 

the definition of baseline actual emissions. 

o The applicability provisions at OAC 252:100-8-50 have been evaluated elsewhere 

in this TSD and determined to be consistent with federal requirements for NNSR.

o The Oklahoma NNSR program at OAC 252:100-8-53 incorporates by reference 

the requirements of 40 CFR 51.165(a)(4) regarding the exemption of fugitive 

emissions in determining whether a source or modification is major as of July 2, 

2007. The Oklahoma NNSR program source obligations at OAC 252:100-8-

55incorporates by reference the requirements of 40 CFR 51.165(a)(6)(i) through 

(v) as of July 2, 2007. Additionally the Oklahoma NNSR program at OAC 

252:100-8-57 incorporates by reference the requirements at 40 CFR 51.165(f) 

regarding actuals PALs as of July 2, 2007.
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III. Conclusion

The technical analysis provided in the preceding sections has compared the applicable sections 

of the CAA and 40 CFR part 51 with the Oklahoma SIP submittals dated June 24, 2010; July 16, 

2010; December 27, 2010; February 6, 2012; and January 18, 2013. The EPA’s analysis found 

that the proposed revisions to the Oklahoma SIP should be approved as consistent with federal 

requirements. Accordingly, the EPA should propose approval of the following revisions: 

Table 48: Revisions to the Oklahoma SIP Proposed for Approval

Section Title Effective Date Submittal Date

OAC 252:100-1-1 General Provisions, Purpose June 12, 2003 July 16, 2010

OAC 252:100-1-2 General Provisions, 

Statutory definitions

June 12, 2003 July 16, 2010

OAC 252: 100 – 1 – 3 General Provisions, 

Definitions

June 12, 2003 July 16, 2010

July 1, 2008 July 16, 2010

July 1, 2009 July 16, 2010

June 15, 2006 July 16, 2010

July 1, 2011 February 6, 2012

July 1, 2012 January 18, 2013

OAC 252: 100 – 1 – 4 General Provisions, Units, 

Abbreviations and acronyms

June 12, 2003 July 16, 2010

July 1, 2009 July 16, 2010

July 1, 2011 February 6, 2012

OAC 252:100-2-1 Incorporation by Reference 

(IBR) Purpose

July 1, 2012 January 18, 2013

OAC 252:100-2-3 IBR, Incorporation by 

Reference

July 1, 2012 January 18, 2013

OAC 252: 100 – 3 – 4 Air Quality Standards and 

Increments, Significant 

Deterioration Increments

June 15, 2005 December 27, 2010

July 1, 2011 February 6, 2012

OAC 252:100, Appendix P Regulated Air Pollutants June 15, 2007 July 16, 2010

OAC 252:100, Appendix Q Incorporation by Reference July 1, 2009 July 16, 2010

July 1, 2012 January 18, 2013

OAC 252:100-5-1.1 Definitions June 15, 2007 July 16, 2010

OAC 252:100-5-2.1 Emission Inventory June 11, 2004 July 16, 2010

June 15, 2007 July 16, 2010
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Table 48: Revisions to the Oklahoma SIP Proposed for Approval

Section Title Effective Date Submittal Date

OAC 252: 100 – 8 – 1.1 General Provisions, 

Definitions

June 15, 2006 July 16, 2010

OAC 252:100 – 8 – 30 Prevention of Significant 

Deterioration (PSD) 

Requirements for 

Attainment Areas, 

Applicability

June 1, 2009 June 24, 2010

June 15, 2006 July 16, 2010

OAC 252:100 – 8 – 31 PSD, Definitions June 1, 2009 June 24, 2010

June 15, 2006 July 16, 2010

July 1, 2011 February 6, 2012

July 1, 2012 January 18, 2013

OAC 252: 100 – 8 – 32 PSD, Source Applicability 

Determination

REVOKED June 15, 

2006

REVOKED July 16, 

2010

OAC 252:100 – 8 – 32.1 PSD Ambient Air 

Increments and Ceilings

June 15, 2006 July 16, 2010

OAC 252: 100 – 8 – 32.2 PSD Exclusion from 

Increment Consumption

June 15, 2006 July 16, 2010

OAC 252: 100 – 8 – 32.3 PSD Stack Heights June 15, 2006 July 16, 2010

OAC 252: 100 – 8 – 33 PSD, Exemptions June 1, 2009 June 24, 2010

June 15, 2006 July 16, 2010

July 1, 2011 February 6, 2012

July 1, 2012 January 18, 2013

OAC 252: 100 – 8 – 34 PSD, Control Technology 

Review

June 15, 2006 July 16, 2010

OAC 252: 100 – 8 – 35 PSD Air Quality Impact 

Evaluation

June 15, 2006 July 16, 2010

July 1, 2011 February 6, 2012

OAC 252: 100 – 8 – 35.1 PSD Source Information June 15, 2006 July 16, 2010

OAC 252: 100 – 8 – 35.2 PSD Additional Impact 

Analyses

June 15, 2006 July 16, 2010

OAC 252: 100 – 8 – 36 PSD Source Impacting 

Class I Areas

June 15, 2006 July 16, 2010

OAC 252: 100 – 8 – 36.2 PSD Source Obligation June 15, 2006 July 16, 2010

OAC 252: 100 – 8 – 37 PSD, Innovative Control 

Technology

June 1, 2009 June 24, 2010

June 15, 2006 July 16, 2010

OAC 252: 100 – 8 – 38 PSD, Actuals PAL June 1, 2009 June 24, 2010
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Table 48: Revisions to the Oklahoma SIP Proposed for Approval

Section Title Effective Date Submittal Date

June 15, 2006 July 16, 2010

OAC 252: 100 – 8 – 39 PSD Severability June 15, 2006 July 16, 2010

OAC 252: 100 – 8 – 50 Majors Affecting 

Nonattainment Areas 

(NNSR), Applicability

June 1, 2009 June 24, 2010

June 15, 2006 July 16, 2010

OAC 252: 100 – 8 – 50.1 NNSR, Incorporation by 

Reference

June 1, 2009 June 24, 2010

June 15, 2006 July 16, 2010

July 1, 2011 February 6, 2012

OAC 252: 100 – 8 – 51 NNSR, Definitions June 1, 2009 June 24, 2010

June 15, 2006 July 16, 2010

July 1, 2011 February 6, 2012

OAC 252: 100 – 8 – 51.1 NNSR Emission reductions 

and offsets

June 15, 2006 July 16, 2010

July 1, 2011 February 6, 2012

July 1, 2012 January 18, 2013

OAC 252: 100 – 8 – 52 NNSR, Applicability 

determination for sources in 

attainment areas causing or 

contributing to NAAQS 

violations

June 1, 2009 June 24, 2010

June 15, 2006 July 16, 2010

July 1, 2011 February 6, 2012

OAC 252: 100 – 8 – 53 NNSR, Exemptions June 1, 2009 June 24, 2010

June 15, 2006 July 16, 2010

OAC 252: 100 – 8 – 54 NNSR Requirements for 

sources located in 

nonattainment areas

June 15, 2006 July 16, 2010

OAC 252: 100 – 8 – 54.1 NNSR, Ozone and PM10 

precursors

June 1, 2009 June 24, 2010

OAC 252: 100 – 8 – 55 NNSR, Source Obligation June 1, 2009 June 24, 2010

June 15, 2006 July 16, 2010

OAC 252: 100 – 8 – 56 NNSR, Actual PAL June 1, 2009 June 24, 2010

June 15, 2006 July 16, 2010

OAC 252: 100 – 8 – 57 NNSR Severability June 15, 2006 July 16, 2010

As indicated Section I of this TSD, the EPA is severing and addressing in separate action the 

following revisions:
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• Revisions to the Definitions at OAC 252:100-8-2 as submitted on June 24, 2010; July 16, 

2010; February 6, 2012; and January 18, 2013; 

• Revisions to the Requirements for Construction and Operating Permits at OAC 252:100-

8-4 as submitted on June 24, 2010 and January 18, 2013;

• Revisions to the Provisions for Permit Applications at OAC 252:100-8-5 as submitted on 

June 24, 2010;

• Revisions to the provisions for Permit Content at OAC 252:100-8-6 as submitted on June 

24, 2010;

• Revisions to the provisions for General Permits at OAC 252:100-8-6.1 as submitted on 

June 24, 2010;

• Revisions to the Special Provisions for Affected (Acid Rain) Sources at OAC 252:100-8-

6.3 as submitted on June 24, 2010;

• Revisions to the provisions for Permit Issuance at OAC 252:100-8-7 as submitted on 

June 24, 2010;

• Revisions to the provisions for Administrative Permit Amendments and Permit 

Modifications at OAC 252:100-8-7.2 as submitted on June 24, 2010;

• Revisions to the provisions for Permit Review by EPA and Affected States at OAC 

252:100-8-8 as submitted on June 24, 2010;

• Revisions to the Oklahoma SIP at OAC 252:100-8-33(c)(1)(C) establishing the PM2.5

SMC as submitted on February 6, 2012; 

• Revisions to the Oklahoma PSD program in OAC 252:100-8-35(a)(2) establishing the 

PM2.5 PSD SIL as submitted on February 6, 2012; and

• Revisions to OAC 252:100-8-36.1 pertaining to PSD Public Notice as submitted on July 

16, 2010.

• Revisions to requirements for Control of Sulfur Compounds at OAC 252:100-31-1, 31-2, 

31-4, 31-7, 31-13, 31-15, 31-16, 31-25, 31-26, and 31-27 as submitted on January 18, 

2013; and 

• Revisions to the requirements for the Control of Emission of Nitrogen Oxides at OAC 

252:100-33-1.1, 1.2, and 2 as submitted on July 16, 2010.