GARY L SHERRER

SECRETARY OF ENVIRONMENT

RECEIVED - 6PDL

AIR PLANNING SEC.

12 HAR 23 PH 3: 55

MARY FAlliN

GOVERNOR

February 6, 2012

STATE OF OKLAHOMA

OFFICE OF THE

SECRETARY OF ENVIRONMENT

www.environment.ok.gov

Dr. Alfredo Armendariz, Regional Administrator

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

1445 Ross Avenue, Suite 1200

Dallas TX 75202-2733

Subject: 2011 Revisions to Oklahoma Air Quality Control Implementation Plan

Dear Dr. Armendariz:

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

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

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

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

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

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

This submittal is the annual SIP update for 2011 and includes amendments OAC 252: 100, Air

Pollutant Control, which became effective July 1,2011. The modifications to Oklahoma's plan

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

Quality. This submittal covers amendments to Subchapters 1,3,7, and 8 in OAC 252:100 that

became effective July I, 2011. The amendments to Subchapters I, 7, and 8 clarify that the

State's air pollution control permitting programs incorporate the provisions of EPA's Greenhouse

Gas (GHG ) Tailoring Rule (75 FR 31514) which defers Prevention of Significant

Deterioration(PSD) and Part 70 (Title V) permitting for small sources of GHG. Although this

submission contains revisions to the State's Part 70 permitting program, it is intended to be a SIP

submittal only. If the State's Title V implementation plan requires revision, it will be done

separately at a later date. Some scrivener's errors in OAC 252:100-1-4 and an error in the

definition of "major stationary source" in OAC 252: 100-8-31 were corrected. Amendments to

Subchapters 3 and 8 incorporate the PSD and NNSR (Nonattainment New Source Review)

implementation rule (73 FR 28321 and 75 FR 64864) for the PM25 (fine particulate matter)

OPrintad on Recycled Paper

3800 N. CLASSEN BOULEVARD. OKLAHOMA CITY, OKlAHOMA 73118

TElEPHONE (405) 530-8995 • FAX (405) 530-8999
NAAQS (National Ambient Air Quality Standards) (62 FR 38652 and 71 FR 61144).

Additionally, the Department proposes changing Appendix E to maintain consistency with the

NAAQS. Specifically, the .nitrogen dioxide (NOz) and sulfur dioxide (SOz) primary standards

would be modified to reflect-recent changes made by the EPA.

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

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

We have included five copies of the submittal as required by 40 CFR 51.103(a).

If you have questions, please contact Eddie Terrill, Director, Air Quality Division, Department

of Environmental Quality at (405) 702-4154.

Sincerely,

r{(r..1~t.JdL)lfLt')

'/Gary t?herrer

Se~~y of Environment

Enclosures

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

Eddie Terrill, Director, DEQ Air Quality Division

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

Jeff Robinson, Section Chief, Air Pennits, EPA Region VI (6PD-R)
OKLAHOMA

DEPARTMENT OF ENVIRONMENTAL QUALITY

AIR QUALITY DIVISION

2011

State Implementation Plan

Oklahoma Administrative Code

252: 100

Submitted to EPA

February 2012
STEVEN A. THOMPSON

Executive Director

OKLAHOMA

PfrAIlMfNI or fNVIJO~MftHALCUMin

OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY

MARY FALUN

Governor

February 6, 2012

Dr. Alfredo Armendariz, Regional Administrator

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

1445 Ross Avenue, Suite 1200

Dallas TX 7S202~2733

RE: 2011 Revisions to the Oklanoma State Implementation Plan (SIP)

Dear Dr. Annendariz:

We certify that the rule making procedures for all the rules listed below were in compliance with the

requirements of the Oklahoma Administrative Procedures Act, 75 O.S. 250.1 through 323, and 40 CPR

Sections 5l.102(t), S1.102(d), and CPR Part 51, Appendix V, 2.1(g).

Each rule and its public hearing history are listed in the tables below;

S b h n c aptcr 252:1001- >GeneraIPrOVlSlons

NOTICE PUBLIC HEARING GOVERNING BOARD

December 15, 2010 January]9 2011 Air Quality Advisorv Council

December 15 2010 February 25,201] Environmental Quality Board

Subchapter 252:100-3. Air Quality Standards and Increments

NOTICE PUBLIC HEARING GOVERNING BOARD

June 15,2004 July 21. 2004 Air Ouality Advisory Council

June 15,2004 August 24. 2004 Environmental Ouality Board

December 15 2010 January 19 2011 Air Quality Advisory Council

December 15,2010 FebrualY 25, 20 lJ Environmental Quality Board

u C a01er : erml s or mor ftCI I les

NOTICE PUBLIC HEARING GOVERNING BOARD

December 15,2010 Januarv 19,2011 Air Quality Advisorv Council

December 15,2010 February 25 2011 Environmental Quality Board

S b h t 2521007 P 't f M" F '1't'

u c apter252:100-8 P . ~> ermlts Iior Part 70 Sources

NOTICE PUBLIC HEARING GOVERNING BOARD

December 15 2010 January 19,2011 Air Ouality Advisory Council

December ]5,2010 February 25,2011 Environmental Quality Board

S b h

707 KORTH ROBINSON, P.O. BOX 1677, OKlAHOMA my, OKlAHOMA 73101-1677

pointed on recycled paper "'Il~ soy ink

o
Dr. Alfredo Annedariz

EPA Regional Administrator

SIP Submittal

Februmy 6. 2012

.ppendix E, Primary Ambient Air Quality Standards

NOTICE PUBLIC HEARING GOVERNING BOARD •

December 15, 2010 January 19,2011 Air Quality Advisory Council

December 15,2010 February 25,2011 Environmental Quality Board

A

The notices of DEQ's intent to adopt new or amended rules were published in the Oklahoma Register.

The Oklahoma Register is a semi-monthly publication prescribed by the Oklahoma Administrative

Procedures Act in which all rule making actions and the associated documents must be published. (Now

accessible @ www.sos.state.ok.us/oar .) Notices of rulemaking intent include the date, time and location

of public hearings and information on how the public may submit written or oral comments on proposed

rules. The public comment period for all Air Quality Council meetings begins on the date ofpublication

of the notice and ends On the date of the public hearing. The Environmental Quality Board (EQB)

accepts comments on the date ofthe EQB hearing.

If you have questions or require additional information, please contact Cheryl Bradley, Environmental

Programs Manager, at (405) 702-42I 8.

Eddie

C&~ Terrill, Director

Air Quality Division

2
Legal Authority

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

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

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

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

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

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

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

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

authority under Oklahoma law to:

Enforce those regulations and orders ofDEQ [27A OS §§2-5-1 05(4) and 2-5-110];

Maintain and update an inventory of air emissions from stationary sources

[27A O.S. §2-5-105(19)];

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

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

the implementation ofthe Oklahoma CAA and the fulfillment ofthe requirements

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

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

Adopt emissions standards and regulations to implement the Oklahoma CAA and

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

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

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

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

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

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

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

105(15)];

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

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

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

117(A)(2)];

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

(18)];

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

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

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

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

The appendix contains copies ofthese referenced statutes.
APPENDIX

LEGAL AUTHORITY

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

responsibilities.

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

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

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

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

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

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

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

this subsection shaU not nuUify any financial obligation arising from services rendered pursuant

to any interagency agreement or executive order entered into prior to July I, 1993, nor nuUity

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

environmental agency before July I, 1993.

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

shaU have the foUowing jurisdictional areas of environmental responsibility:

I. AU point source discharges of poUutants and storm water to waters of the state which

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

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

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

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

and F ofthis section;

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

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

Department's jurisdiction as provided in this subsection;

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

5. Waterworks and wastewater works operator certification;

6. Public and private water supplies;

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

CFR Parts 144 through 148, except for:

a. Class II injection wells,

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

associated with underground or aboveground storage tanks regulated by the

Corporation Commission,

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

defined in the Oklahoma Brine Development Act regulated by the

Commission, and

d. any aspect of any C02 sequestration facility, including any associated C02

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

the Oklahoma Carbon Capture and Geologic Sequestration Act;

2
8. Notwithstanding any other provision in this section or other environmental jurisdiction

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

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

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

Statutes;

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

waste;

10. Superfund responsibilities of the state under the Comprehensive Environmental

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

requirements ofTitle III ofthe Superfund Amendment and Reauthorization Act of 1986;

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

sources ofradiation except for the use ofsources ofradiation by diagnostic x-ray facilities;

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

tanks or other public or private waste disposal systems;

13. Emergency response as specified by law;

14. Environmental laboratory services and laboratory certification;

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

16. Freshwater wellhead protection;

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

environmental responsibility ofthe Department;

18. Utilization and enforcement of Oklahoma Water Quality Standards and

implementation documents;

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

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

environmental agency;

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

quality pursuant to Section 1-4-107 ofthis title; and

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

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

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

the following jurisdictional areas of environmental responsibility:

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

underground water, planning, and interstate stream compacts;

2. Weather modification;

3. Dam safety;

4. Flood plain management;

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

programs;

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

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

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

administration;

7. Water well drillers/pump installers licensing;

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

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

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

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

3
not be limited to, receipt and expenditure of funds from federal, state and private sources for

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

water resuurces, provided such funds from federal Clean Water Act sources are administcred and

disbursed by the Office ofthe Secretary of Environment;

9. Statewide water quality standards and their accompanying use support assessment

protocols, anti-degradation policy and implementation, and policies generally affecting

Oklahoma Water Quality Standards application and implementation including but not limited to

mixing zones, low flows and variances or any modification or change thereof pursuant to Section

1085.30 of Title 82 ofthe Oklahoma Statutes;

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

environmental responsibility ofthe Board;

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

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

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

recognized water rights, and associated groundwater recharge areas;

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

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

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

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

quality and quantity monitoring in the state; and

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

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

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

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

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

subsection:

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

production, agricultural services, livestock production, silviculture, feed

yards, livestock markets and animal waste,

b. pesticide control,

c. forestry and nurseries,

d. fertilizer,

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

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

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

environmental responsibility ofthe Department,

h. utilization and enforcement of Oklahoma Water Quality Standards and

implementation documents,

I. development and promulgation of a Water Quality Standards

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

jurisdictional areas of environmental responsibility, and

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

environmental responsibility ofthe Department.

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

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

jurisdiction over:

4
a. (1) commercial manufacturers of fertilizers, grain and feed products,

and chemicals, and over manufacturing of food and kindred

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

agricultural products,

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

(3) aquaculture and fish hatcheries,

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

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

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

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

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

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

ofEnvironmental Quality with respect to such storm water discharges.

E. Corporation Commission.

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

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

governing and regulating:

a. the conservation ofoil and gas,

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

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

wells,

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

gas on the lease site,

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

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

brines,

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

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

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

development, producing or transportation of oil or gas,

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

Act and 40 CFR Parts 144 through 148, of:

(1) Class II injection wells,

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

associated with underground or aboveground storage tanks regulated

by the Commission,

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

brines as defined in the Oklahoma Brine Development Act, and

(4) any aspect of any C02 sequestration facility, including any

associated C02 injection well, over which the Commission is given

jurisdiction pursuant to the Oklahoma Carbon Capture and Geologic

Sequestration Act.

Any substance that the United States Environmental Protection Agency

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

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

located outside the boundaries of refineries, petrochemical manufacturing

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

5
subject to the jurisdiction of the Department of Environmental Quality with

regard to point source discharges,

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

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

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

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

but not including line pipes in any:

(I) natural gas liquids extraction plant,

(2) refinery,

(3) reclaiming facility other than for those specified within

subparagraph e ofthis subsection,

(4) mineral brine processing plant, and

(5) petrochemical manufacturing plant,

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

brines, waste oil and other deleterious substances produced from or

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

and operating of oil and gas wells, at:

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

this subsection as being subject to the jurisdiction of the

Commission, and

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

J. spills of deleterious substances associated with facilities and activities

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

gas extraction facilities and activities,

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

geologic strata,

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

environmental responsibility ofthe Commission,

m. utilization and enforcement of Oklahoma Water Quality Standards and

implementation documents, and

n. development and promulgation of a Water Quality Standards

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

jurisdictional areas of environmental responsibility.

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

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

facilities and activities described in paragraph 1 ofthis subsection.

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

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

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

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

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

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

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

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

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

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

Environmental Quality or the Commission for such discharge.

6
5. The Commission shaH have jurisdiction over:

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

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

refineries or at the upstream or intermediate shipment points of pipeline

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

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

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

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

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

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

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

Environmental Quality,

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

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

refineries or at the upstream or intermediate shipment points of pipeline

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

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

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

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

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

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

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

Environmental Quality, and

c. the Petroleum Storage Tank Release Environmental Cleanup Indemnity

Fund, the Oklahoma Petroleum Storage Tank Release Indemnity Program,

and the Oklahoma Leaking Underground Storage Tank Trust Fund.

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

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

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

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

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

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

from:

a. refineries, petrochemical manufacturing plants and natural gas liquid

extraction plants,

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

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

the jurisdiction ofthe Commission pursuant to this subsection, and

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

Commission or the Oklahoma Department of Agriculture, Food, and

Forestry as specified by this section.

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

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

under Title V ofthe federal Clean Air Act as amended.

F. Oklahoma Conservation Commission. The Oklahoma Conservation Commission shall

have the following jurisdictional areas of environmental responsibility:

7
1. Soil conservation, erosion control and nonpoint source management except as otherwise

provided by law;

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

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

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

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

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

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

3. Wetlands strategy;

4. Abandoned mine reclamation;

5. Cost-share program for land use activities;

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

clean lakes, as specified by law;

7. Complaint data management;

8. Coordination of environmental and natural resources education;

9. Federal upstream flood control program;

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

environmental responsibility ofthe Commission;

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

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

responsibility;

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

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

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

Oklahoma Carbon Capture and Geologic Sequestration Act.

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

areas of environmental responsibility:

1. Mining regulation;

2. Mining reclamation of active mines;

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

environmental responsibility ofthe Commission; and

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

pursuant to Section 1-1-202 ofthis title for its jurisdictional areas ofresponsibility.

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

have the following jurisdictional areas of environmental responsibilities:

1. Investigating wildlife kills;

2. Wildlife protection and seeking wildlife damage claims; and

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

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

responsibility.

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

jurisdictional areas of environmental responsibilities:

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

the Hazardous Materials Transportation Act; and

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

authorized by the Hazardous Materials Transportation Act.

8
J. Department of Labor. The Department of Labor shall have the following jurisdictional

areas of environmental responsibility:

I. Regulation of asbestos in the workplace pursuant to Chapter II of Title 40 of the

Oklahoma Statutes;

2. Asbestos monitoring in public and private buildings; and

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

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

authorized to be regulated by another agency.

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

jurisdiction.

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

Emergency Management shall have the following jurisdictional areas of environmental

responsibilities:

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

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

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

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

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

environmental emergencies and disasters pursuant to the Oklahoma Hazardous Materials

Planning and Notification Act;

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

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

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

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

of 1967; and

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

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

Added by Laws 1992, c. 398, § 6, eff. July I, 1993. Amended by Laws 1993, c. 145, § II, eff. July I,

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

Laws 1993, c. 324, § 6, eff. July 1,1993; Laws 1994, c. 140, § 24, eff. Sept. I, 1994; Laws 1997, c. 217,

§ I, eff. July 1,1997; Laws 1999, c. 413, § 4, eff. Nov. I, 1999; Laws 2000, c. 364, § I, emerg. eff. June

6, 2000; Laws 2002, c. 397, § I, eff. Nov. I, 2002; Laws 2004, c. 100, § 2, eff. July I, 2004; Laws 2004,

c. 430, § II, emerg. eff. June 4, 2004; Laws 2009, c. 429, § 8, emerg. eff. June 1,2009.

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

rules from subsequent changes in federal provisions.

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

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

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

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

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

to affect the incorporating Board rule.

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

9
§27A-2-3-101. Creation - Powers and duties - Disclosure of interests - Employee

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

Environmental Qnality RCpOl't - Environmental services contracts.

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

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

Environmental Quality, through its du1y designated employees or representatives, shaH have the

power and duty to:

1. Perform such duties as required by law; and

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

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

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

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

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

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

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

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

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

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

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

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

publicly traded mutual funds.

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

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

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

Environmental Quality:

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

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

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

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

discharges to waters ofthe state;

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

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

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

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

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

laboratory certification, recycling, education and dissemination ofinformation.

F. Within the Department there are hereby created:

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

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

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

Department; and

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

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

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

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

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

10
assist businesses and municipalities in complying with state statutcs and rules goveming

environmental areas.

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

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

licenses or pennits, and fonns used to comply with the Oklahoma Environmental Quality Code.

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

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

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

legal records.

H. I. The Department shall prepare and submit an annual report assessing the status ofthe

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Department shall prepare an Oklahoma Environmental Quality Report which outlines the

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

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

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

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

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

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

Representatives.

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

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

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

Environmental Quality Code.

r. I. The Department may contract with other govemmental entities to provide

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

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

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

employees.

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

program for the purpose oftraining government employees to provide any needed enviromnental

serviccs; provided, that the investigation of complaints rcgarding, or inspections of, pennitted

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

authorized by law.

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

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

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

1, emerg. eff. April 29, 2002.

§27A-2-S-10S. Administrative agency - Powers and duties.

The Department of Environmental Quality is hereby designated the administrative agency

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

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

Oklahoma Clean Air Act;

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

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

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

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

accordance with the Oklahoma Clean Air Act;

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

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

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

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

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

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

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

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

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

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

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

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

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

Clean Air Act, from funds available for such purposes;

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

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

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

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

any ofthe functions ofthe Oklahoma Clean Air Act;

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

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

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

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

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

Department, in furtherance ofits statutory powers, shall have the independent authority to file an

12
action pursuant to the Oklahoma Clean Air Act in district court. Such action shall be brought in

the name ofthe Department of Environmental Quality;

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

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

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

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

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

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

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

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

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

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

air contaminant;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

sources;

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

any portion ofthe Oklahoma Clean Air Act; and

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

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

Clean Air Act.

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

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

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

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

§27A-2-5-106. Rules and regulations.

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

Council, to:

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

pol1ution and for establishment of health and safety tolerance standards for discharge of air

contaminants to the atmosphere; and

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

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

ofthese provisions.

Added by Laws ]992, c. 215, § 5, emerg. eff. May 15, 1992. Amended by Laws 1993, c. 145, § 43, eff.

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

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

The powers and duties ofthe Council shall be as follows:

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

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

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

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

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

a. a comprehensive state air pel111itting program,

b. an accidental release prevention program,

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

contaminants,

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

e. a small business program, and

f. a system of assessing and collecting fees;

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

before the Council;

3. Before rec0111l11ending any pel111anent rules, or any amendment or repeal thereof to the

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

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

4. A rule, or any amendment thereof, recommended by the Council may differ in its tel111S

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

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

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

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

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

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

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

velocities, and the fact that a rule and the degrees of confol111ance therewith which may be

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

developed industrial area ofthe state or as to a relatively unpopulated area ofthe state;

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

members ofthe Council;

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

discussion ofissues it considers relevant to the air quality ofthe state, and to:

a. pass nonbinding resolutions expressing the sense ofthe Council,

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

desirability of conducting public meetings, workshops and seminars, and

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

requirements regarding the State Implementation Plan and make

recommendations to the Department concerning the plan; and

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

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

to administer oaths, and to takc tcstimony and receive such pertinent and relevant proof as it may

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

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

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

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

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

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

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

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

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

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

hearing - Burden of proof - Settlements or consent orders.

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

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

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

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

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

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

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

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

Department may be necessary to render the order reasonably effectual.

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

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

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

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

person fails to comply with the order.

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

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

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

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

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

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

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

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

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

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

the amount stated in the written order.

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

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

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

Department shall promptly schedule the enforcement hearing before an Administrative Law

Judge for the Department and notify the respondent.

15
F. At all proceedings with respect to any alleged violation ofthe Oklahoma Clean Air Act,

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

G. Nothing in this section shall be construed 10 limit the authority of the Department to

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

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

.Tu1y 1,1993. Renumbered from § 1-1811 of Title 63 by Laws 1993, c. 145, § 359, eff. July 1,1993.

Amended by Laws 1993, c. 324, § 13, eff. .Tu1y 1,1993; Laws 1999, c. 131, § 1, eff. Nov. 1, 1999; Laws

2001, c. 109, § 1, emerg. eff. April18, 2001.

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

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

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

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

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

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

such permit.

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

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

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

include but shall not be limited to the authority to:

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

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

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

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

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

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

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

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

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

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

insignificant changes into a permit without requiring a revision;

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

limited to:

a. emission limitations for regulated air contaminants,

b. operating procedures when related to emissions,

c. performance standards,

d. provisions relating to entry and inspections, and

e. compliance plans and schedules;

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

a. installation and utilization of continuous monitoring devices,

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

compliance,

c. submission ofreports and test results, and

d. ambient air modeling and monitoring;

6. Issue:

a. general permits covering similar sources, and

16
b. pennits to sources in violation, when compliance plans, which shall be

enforceable by the Department, are incorporated into the pennit;

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

reasonably maintained and properly operated;

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

requirements ofthe pennit and to promptly report any deviations therefrom to the Department;

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

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

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

every five (5) years;

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

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

completeness ofsuch applications; and

11. Detennine the fonn and content of emission inventories and require their submittal by

any source or potential source of air contaminant emissions.

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

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

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

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

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

have always attained ambient air quality standards.

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

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

detennined by rule, shall be deemed to be a final pennit action solely for purpose of judicial

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

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

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

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

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

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

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

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

states to submit written recommendations respecting the issuance of the pennit and its tenns and

conditions.

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

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

documented before the close ofthe public comment period on the draft pennit.

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

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

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

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

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

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

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

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

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

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

17
the violation. It shall be the responsibility of the transferor to notify the Department in writing

within thirty (30) days ofthe change in ownership.

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

determination by the Department that:

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

Code and rules promulgated thereunder; and

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

manner which would otherwise subject the permit to public review.

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

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

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

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

2004, c. 83, § 1, emerg. eff. April13, 2004; Laws 2004, c. 381, § 4, emerg. eff. June 3, 2004.

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

§27A-2-S-1l4. Implementation and enforcement of federal emission standards - Oil and

gas well and equipment emissions.

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

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

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

accidental releases ofregulated substances under Section 112(r) ofthe Federal Clean Air Act.

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

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

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

regarding hazardous air pollutants and regulated substances shall only be by

adoption by reference offinal federal rules, and

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

the Federal Clean Air Act.

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

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

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

are necessary to protect the public health or the environment.

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

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

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

I. Such program shall consist of permanent rules establishing:

a. appropriate emission limitations, work practice standards, maximum

acceptable ambient concentrations or control technology standards

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

b. emissions monitoring or process monitoring requirements necessary to

assure compliance with the requirements ofthis section.

2. Paragraph I ofthis subsection shall not be construed as requiring readoption of existing

rules regarding toxic air contaminants.

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

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

toxic air contaminant under subsection B ofthis section.

18
D. Emissions from any oil or gas exploration or production well with its associated

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

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

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

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

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

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

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

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

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

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

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

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

Oklahoma Clean Air Act.

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

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

§27A-2-S-1l7. Civil actions - Injunctions - Abatement - Civil penalties.

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

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

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

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

following instances:

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

Oklahoma Clean Air Act, or any rule promnlgated thereunder;

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

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

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

Oklahoma Clean Air Act; or

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

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

Act.

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

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

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

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

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

penalties or fines.

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

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

19
OPEN RECORDS ACT

§51-24A.1. Short title.

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

Records Act".

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

by the Oklahoma Open Records Act.

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

June 6, 1988.

§51-24A.3. Definitions.

As used in this act:

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

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

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

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

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

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

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

a. computer software,

b. nongovernment personal effects,

20
c. unless public disclosure is required by other laws or regulations, vehicle

movement records of the Oklahoma Transportation Authority obtained in

connection with the Authority's electronic toll collection system,

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

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

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

becoming qualified to contract with a public body,

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

activities ofthe Oklahoma Transportation Authority,

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

operated by the Oklahoma Tourism and Recreation Department or the

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

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

product sold by or through the Oklahoma Tourism and Recreation

Department or the Quartz Mountain Arts and Conference Center and Nature

Park,

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

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

or

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

Statutes,

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

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

47 ofthe Oklahoma Statutes,

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

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

2721 through 2725, which are stored and maintained by the

Department of Public Safety, or

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

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

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

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

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

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

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

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

on Judicial Complaints, the Legislature, or legislators;

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

keep records;

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

and

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

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

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

Narcotics and Dangerous Drugs Control, the Alcoholic Beverage Laws Enforcement

Commission, and the Oklahoma State Bureau ofInvestigation.

21
Added by Laws 1985, e. 355, § 3, eff. Nov. I, 1985. Amended by Laws 1987, e. 222, § 117, operative

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

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

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

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

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

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

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

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

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

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

such records may be disposed of as provided by law.

Added by Laws 1985, e. 355, § 4, eff. Nov. I, 1985.

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

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

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

I. The Oklahoma Open Records Act, Sections 24A.I through 24A.28 ofthis title, does not

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

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

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

informer privileges,

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

to the public such as executive sessions authorized under the Oklahoma

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

Statutes,

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

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

or

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

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

may be hearsay, preliminary unsubstantiated investigation-related findings,

or confidential medical information.

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

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

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

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

license number is not furnished by the requesting person.

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

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

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

administrative rule are not furnished by the requesting person.

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

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

22
the cost may be assessed for each individual record, or portion thereof requested as prescribcd by

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

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

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

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

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

However, ifthe request:

a. is solely for commercial purpose, or

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

public body,

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

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

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

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

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

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

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

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

its principal office and with the county clerk.

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

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

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

and competently performing their duties as public servants.

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

obstacles to disclosure ofrequested information.

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

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

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

index shall not be copied or mechanically reproduced for the purpose ofsale ofthe information.

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

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

excessive disruptions ofits essential functions.

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

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

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

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

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

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

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

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

March 29,2006.

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

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

Inspection, copying or mechanical reproduction of records.

23
A. If a public body or its office does not have regular business hours of at least thirty (30)

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

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

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

mechanical reproduction;

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

ofthe records; and

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

the week, excluding Sunday.

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

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

other than that designated in the notice.

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

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

A. A public body may keep personnel records confidential:

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

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

or

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

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

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

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

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

the curriculum on the transcripts of certified public school employees.

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

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

not limited to, records of:

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

2. The gross receipts ofpublic funds;

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

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

or termination.

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

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

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

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

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

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

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

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

following records:

24
I. An arrestee description, including the name, date of birth, address, race, sex, physical

description, and occupation ofthe arrestee;

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

officer;

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

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

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

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

offense;

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

commanding a law enforcement officer to arrest a particular person;

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

service by classification or nature and number; and

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

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

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

description ofthe prisoner, and the date or manner of discharge or escape ofthe prisoner.

B. Except for the records listed in subsection A of this section and those made open by

other state or local laws, law enforcement agencies may deny access to law enforcement records

except where a court finds that the public interest or the interest of an individual outweighs the

reason for denial.

C. Nothing contained in this section imposes any new recordkeeping requirements. Law

enforcement records shall be kept for as long as is now or may hereafter be specified by law.

Absent a legal requirement for the keeping of a law enforcement record for a specific time

period, law enforcement agencies shall maintain their records for so long as needed for

administrative purposes.

D. Registration files maintained by the Department of Corrections pursuant to the

provisions ofthe Sex Offenders Registration Act shall be made available for public inspection in

a manner to be determined by the Department.

E. The Council on Law Enforcement Education and Training (C.L.E.E.T.) shall keep

confidential all records it maintains pursuant to Section 3311 of Title 70 of the Oklahoma

Statutes and deny release of records relating to any employed or certified full-time officer,

reserve officer, retired officer or other person; teacher lesson plans, tests and other teaching

materials; and personal communications concerning individual students except under the

following circumstances:

I. To verify the current certification status of any peace officer;

2. As may be required to perform the duties imposed by Section 3311 of Title 70 of the

Oklahoma Statutes;

3. To provide to any peace officer copies of the records of that peace officer upon

submitting a written request;

4. To provide, upon written request, to any law enforcement agency conducting an official

investigation, copies ofthe records of any peace officer who is the subject ofsuch investigation;

5. To provide final orders of administrative proceedings where an adverse action was

taken against a peace officer; and

6. Pursuant to an order ofthe district court ofthe State of Oklahoma.

F. The Department of Public Safety shall keep confidential:

25
1. All records it maintains pursuant to its authority under Title 47 of the Oklahoma

Statutes relating to the Oklahoma Highway Patrol Division, the Communications Division, and

other divisions ofthc Dcpartment relating to:

a. training, lesson plans, teaching materials, tests, and tcst results,

b. policies, procedures, and operations, any of which are of a tactical nature,

and

c. the following information from radio logs:

(1) telephone numbers,

(2) addresses other than the location of incidents to which officers are

dispatched, and

(3) personal information which is contrary to the provisions of the

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

2721 through 2725; and

2. For the purpose of preventing identity theft and invasion of law enforcement computer

systems, cxcept as provided in Title 47 ofthe Oklahoma Statutes, all driving records.

Added by Laws 1985, c. 355, § 8, eff. Nov. I, 1985. Amended by Laws 1989, c. 212, § 8, eff. Nov. I,

1989; Laws 2000, c. 349, § 2, eff. Nov. 1,2000; Laws 2001, c. 5, § 29, emerg. eff. March 21, 2001; Laws

2005, c. 199, § 6, eff. Nov. 1,2005; Laws 2006, c. 16, § 36, emerg. eff. March 29, 2006; Laws 2009, c.

36, § I, eff. Nov. 1,2009.

NOTE: Laws 2000, c. 226, § I repealed by Laws 2001, c. 5, § 30, emerg. eff. March 21, 2001. Laws

2005, c. 35, § I repealed by Laws 2006, c. 16, § 37, emerg. eff. March 29,2006.

§51-24A.9. Personal notes and personally created material- Confidentiality.

Prior to taking action, including making a recommendation or issuing a report, a public

official may keep confidential his or her personal notes and personally created materials other

than departmental budget requests of a public body prepared as an aid to memory or research

leading to the adoption of a public policy or the implementation of a public project.

Added by Laws 1985, c. 355, § 9, eff. Nov. I, 1985.

§51-24A.I0. Voluntarily supplied information - Records providing unfair competitive

advantage - Department of Commerce, Department of Career and Technology Education,

technology center school districts, and Oklahoma Film and Music Office records - Public

utility records - Confidentiality - Disclosure.

A. Any information, records or other material heretofore voluntarily supplied to any state

agency, board or commission which was not required to be considered by that agency, board or

commission in the performance of its duties may, within thirty (30) days from June 6, 1988, be

removed from the files of such agency, board or commission by the person or entity which

originally voluntarily supplied such information. Provided, after thirty (30) days from the

effective date of this act, any information voluntarily supplied shall be subject to full disclosure

pursuant to this act.

B. If disclosure would give an unfair advantage to competitors or bidders, a public body may

keep confidential records relating to;

1. Bid specifications for competitive bidding prior to publication by the public body; or

2. Contents ofsealed bids prior to the opening of bids by a public body; or

3. Computer programs or software but not data thereon; or

26
4. Appraisals relating to the sale or acquisition ofreal estate by a public body prior to award of a

contract; or

5. The prospective location of a private business or industry prior to public disclosure of such

prospect except for records otherwise open to inspection such as applications for pennits or

licenses.

C. Except as set forth hereafter, the Oklahoma Department of Commerce, the Oklahoma

Department ofCareer and Technology Education, the technology center school districts, and the

Oklahoma Film and Music Office may keep confidential:

I. Business plans, feasibility studies, financing proposals, marketing plans, financial statements

or trade secrets submitted by a person or entity seeking economic advice, business development

or customized training from such Departments or school districts;

2. Proprietary information ofthe business submitted to the Department or school districts for the

purpose of business development or customized training, and related confidentiality agreements

detailing the information or records designated as confidential; and

3. Information compiled by such Departments or school districts in response to those

submissions.

The Oklahoma Department of Commerce, the Oklahoma Department of Career and Technology

Education, the technology center school districts, and the Oklahoma Film and Music Office may

not keep confidential that submitted information when and to the extent the person or entity

submitting the information consents to disclosure.

D. Although they must provide public access to their records, including records of the address,

rate paid for services, charges, consumption rates, adjustments to the bill, reasons for adjustment,

the name of the person that authorized the adjustment, and payment for each customer, public

bodies that provide utility services to the public may keep confidential credit information, credit

card numbers, telephone numbers, social security numbers, bank account information for

individual customers, and utility supply and utility equipment supply contracts for any industrial

customer with a connected electric load in excess oftwo thousand five hundred (2,500) kilowatts

if public access to such contracts would give an unfair advantage to competitors ofthe customer;

provided that, where a public body performs billing or collection services for a utility regulated

by the Corporation Commission pursuant to a contractual agreement, any customer or individual

payment data obtained or created by the public body in performance of the agreement shall not

be a record for purposes ofthis act.

Added by Laws 1985, c. 355, § 10, eff. Nov. 1, 1985. Amended by Laws 1988, c. 187, § 5, emerg. eff.

June 6, 1988; Laws 1996, c. 209, § 4, eff. Nov. 1, 1996: Laws 2004, c. 186, § 1, emerg. eff. May 3, 2004;

Laws 2006, c. 18, § 1, eff. Nov. 1,2006; Laws 2007, c. 6, § 1, eIT. Nov. 1,2007; Laws 2008, c. 284, § 1,

eff. Nov. 1,2008; Laws 2009, c. 158, § 1, eff. Nov. 1,2009; Laws 2010, c. 161, § 1.

§51-24A.1l. Library, archive or museum materials - Confidentiality.

A. A public body may keep confidential library, archive, or museum materials donated to

the public body to the extent of any limitations imposed as a condition of the donation and any

information which would reveal the identity of an individual who lawfully makes a donation to

or on behalf of a public body including, but not limited to, donations made through a foundation

operated in compliance with Sections 5-145 and 4306 ofTitle 70 ofthe Oklahoma Statutes.

B. If library, archive, or museum materials are donated to a public body and the donation

may be claimed as a tax deduction, the public body may keep confidential any information

27
required as a condition of the donation except the date of the donation, the appraised value

claimed for the donation, and a general description ofthe materials donated and their quantity.

Added by Laws 1985, c. 355, § 11, eff. Nov. 1, 1985. Amended by Laws 1992, c. 231, § 3, emerg. eff.

May 19, 1992.

§51-24A.12. Litigation files and investigatory files of Attorney General, district or

municipal attorney - Confidentiality.

Except as otherwise provided by state or local law, the Attorney General of the State of

Oklahoma and agency attorneys authorized by law, the office of the district attorney of any

county of the state, and the office of the municipal attorney of any municipality may keep its

litigation files and investigatory reports confidential.

Added by Laws 1985, c. 355, § 12, eff. Nov. 1, 1985. Amended by Laws 1988, c. 187, § 6, emerg. eff.

June 6, 1988.

§51-24A.13. Federal records - Confidentiality.

Records coming into the possession of a public body from the federal government or

records generated or gathered as a result of federal legislation may be kept confidential to the

extent required by federal law.

Added byLaws 1985, c. 355, § 13, eff. Nov. 1, 1985.

§51-24A.14. Personal communications relating to exercise of constitutional rights -

Confidentiality.

Except for the fact that a communication has been received and that it is or is not a

complaint, a public official may keep confidential personal communications received by the

public official from a person exercising rights secured by the Constitution of the State of

Oklahoma or the Constitution of the United States. The public official's written response to this

personal communication may be kept confidential only to the extent necessary to protect the

identity ofthe person exercising the right.

Added by Laws 1985, c. 355, § 14, eff. Nov. 1, 1985.

§51-24A.15. Crop and livestock reports - Public warehouse fmancial statements -

Confidentiality.

A. The Division of Agricultural Statistics, Oklahoma Department of Agriculture, also

known as the Oklahoma Crop and Livestock Reporting Service, may keep confidential crop and

livestock reports provided by farmers, ranchers, and agribusinesses to the extent the reports

individually identify the providers.

B. The State Board of Agriculture is authorized to provide for the confidentiality of any

financial statement filed pursuant to Section 9-22 ofTitle 2 ofthe Oklahoma Statutes. Copies of

such financial statements may only be obtained upon written request to the Commissioner of

Agriculture.

Upon good cause shown, and at the discretion of the Commissioner of Agriculture, such

financial statements may be released.

28
Added by Laws 1985, c. 355, § 15, eff. Nov. 1, 1985. Amended by Laws 1988, c. 259, § 14, emerg. cff.

June 29, 1988.

§51-24A.16. Educational records and materials - Confidentiality.

A. Except as set forth in subsection B of this section, public educational institutions and

their employees may keep confidential:

I. Individual student records;

2. Teacher lesson plans, tests and other teaching material; and

3. Personal communications concerning individual students.

B. If kept, statistical infonnation not identified with a particular student and directory

infonnation shall be open for inspection and copying. "Directory infonnation" includes a

student's name, address, telephone listing, date and place of birth, major field of study,

participation in officially recognized activities and sports, weight and height of members of

athletic teams, dates of attendance, degrees and awards received, and the most recent previous

educational institution attended by the student. Any educational agency or institution making

public directory infonnation shall give public notice ofthe categories ofinfonnation which it has

designated as directory infonnation with respect to each student attending the institution or

agency and shall allow a reasonable period oftime after the notice has been given for a parent to

infonn the institution or agency that any or all of the infonnation designated should not be

released without prior consent of the parent or guardian or the student if the student is eighteen

(18) years of age or older.

C. A public school district may release individual student records for the current or

previous school year to a school district at which the student was previously enrolled for

purposes of evaluating educational programs and school effectiveness.

Added by Laws 1985, c. 355, § 16, eff. Nov. 1, 1985. Amended by Laws 1986, c. 116, § 1, emerg. eff.

April9, 1986; Laws 2003, c. 430, § 1, eff. July 1, 2003.

§51-24A.17. Violations - Penalties - Civil liability.

A. Any public official who willfully violates any proVISIOn of the Oklahoma Open

Records Act, upon conviction, shall be guilty of a misdemeanor, and shall be punished by a fine

not exceeding Five Hundred Dollars ($500.00) or by imprisonment in the county jail for a period

not exceeding one (I) year, or by both such fine and imprisonment.

B. Any person denied access to records of a public body or public official:

I. May bring a civil suit for declarative or injunctive relief, or both, but such civil suit

shall be limited to records requested and denied prior to filing ofthe civil suit; and

2. Ifsuccessful, shall be entitled to reasonable attorney fees.

e. Ifthe public body or public official successfully defends a civil suit and the court finds

that the suit was clearly frivolous, the public body or public official shall be entitled to

reasonable attorney fees.

D. A public body or public official shall not be civilly liable for damages for providing

access to records as allowed under the Oklahoma Open Records Act.

Added by Laws 1985, c. 355, § 17, eff. Nov. 1, 1985. Amended by Laws 2005, c. 199, § 7, eff. Nov. 1,

2005.

§51-24A.18. Additional recordkeeping not required.

29
Except as may be requircd in Section 24A.4 of this title, this act does not impose any

additional rccordkeeping requirements on public bodies or public officials.

Added by Laws 1985, c. 355, § 18, eff. Nov. 1, 1985. Amended by Laws 2005, c. 199, § 8, eff. Nov. 1,

2005.

§51-24A.19. Research records - Confidentiality.

In addition to other records that a public body may keep confidential pursuant to the

provisions ofthe Oklahoma Open Records Act, a public body may keep confidential:

1. Any information related to research, the disclosure of which could affect the conduct or

outcome of the research, the ability to patent or copyright the research, or any other proprietary

rights any entity may have in the research or the results ofthe research including, but not limited

to, trade secrets and commercial or financial information obtained from an entity financing or

cooperating in the research, research protocols, and research notes, data, results, or other

writings about the research; and

2. The specific terms and conditions of any license or other commercialization agreement

relating to state owned or controlled technology or the development, transfer, or

commercialization of the technology. Any other information relating to state owned or

controlled technology or the development, transfer, or commercialization of the technology

which, if disclosed, will adversely affect or give other persons or entities an advantage over

public bodies in negotiating terms and conditions for the development, transfer, or

commercialization of the technology. However, institutions within The Oklahoma State System

ofHigher Education shall:

a. report to the Oklahoma State Regents for Higher Education as requested, on

forms provided by the Regents, research activities funded by external

entities or the institutions, the results of which have generated new

intellectual property, and

b. report to the Oklahoma State Regents for Higher Education annually on

forms provided:

(1) expenditures for research and development supported by the

institution,

(2) any financial relationships between the institution and private

business entities,

(3) any acquisition of an equity interest by the institution in a private

business,

(4) the receipt ofroyalty or other income related to the sale of products,

processes, or ideas by the institution or a private business entity with

which the institution has established a financial arrangement,

(5) the gains or losses upon the sale or other disposition of equity

interests in private business entities, and

(6) any other information regarding technology transfer required by the

Oklahoma State Regents for Higher Education.

The reports required in subparagraphs a and b of this paragraph shall not be deemed

confidential and shall be subject to full disclosure pursuant to the Oklahoma Open Records Act.

Added by Laws 1988, c. 68, § 2, eff. Nov. 1, 1988. Amended by Laws 1999, c. 287, § 1, emerg. eff. May

27, 1999.

30
§51-24A.20. Records in litigation or investigation file - Access.

Access to records which, under the Oklahoma Open Records Act, wuuld otherwise be

available for public inspection and copying, shall not be denied because a public body or public

official is using or has taken possession ofsuch records for investigatory purposes or has placed

the records in a litigation or investigation file. However, a law enforcement agency may deny

access to a copy ofsuch a record in an investigative file ifthe record or a true and complete copy

thereofis available for public inspection and copying at another public body.

Added by Laws 1988, c. 187, § 7, emerg. eff. June 6,1988.

§51-24A.21. Increment district reports - Exemption from copying fees.

The fees that may be charged by a public body pursuant to the provisions ofparagraph 3 of

Section 24A.5 of Title 51 of the Oklahoma Statutes shall not be charged when a state agency or

taxing entity located within the boundaries of any district created pursuant to the provisions of

the Local Development Act request a copy of the reports required by subsections A and 8 of

Section 18 ofthis act.

Added by Laws 1992, c. 342, § 21.

§51-24A.22. Public utilities - Confidential books, records and trade secrets.

A. The Corporation Commission shall keep confidential those records of a public utility,

its affiliates, suppliers and customers which the Commission determines are confidential books

and records or trade secrets.

B. As used in this section, "public utility" means any entity regulated by the Corporation

Commission, owning or operating for compensation in this state equipment or facilities for:

I. Producing, generating, transmitting, distributing, selling or furnishing electricity;

2. The conveyance, transmission, or reception of communication over a telephone system;

or

3. Transmitting directly or indirectly or distributing combustible hydrocarbon natural or

synthetic natural gas for sale to the public.

Added by Laws 1994, c. 315, § 12, eff. July 1,1994.

§51-24A.25. Order of court for removal of materials from public record.

Any order of the court for removal of materials from the public record shall require

compliance with the provisions of paragraphs 2 through 7 of subsection C of Section 3226 of

Title 12 ofthe Oklahoma Statutes.

Added by Laws 2000, c. 172, § 4, eff. Nov. 1, 2000.

§51-24A.26. Intergovernmental self-insurance pools.

An intergovernmental self-insurance pool may keep confidential proprietary information,

such as actuarial reports, underwriting calculations, rating information and records that are

31
created based on conclusions ofsuch information that are developed through the operation of the

intergovernmental self-insurance pool.

Added by Laws 2000, c. 226, § 2, eff. Nov. 1, 2000.

NOTE: Editorially renumbered from § 24A.25 ofthis title to avoid duplication in numbering.

§51-24A.27. Vulnerability assessments of critical assets in water and wastewater systems.

A. Any state environmental agency or public utility shall keep confidential vulnerability

assessments of critical assets in both water and wastewater systems. State environmental

agencies or public utilities may use the information for internal purposes or allow the

information to be used for survey purposes only. The state environmental agencies or public

utilities shall allow any public body to have access to the information for purposes specifically

related to the public bodies function.

B. For purposes ofthis section:

1. "State environmental agencies" includes the:

a. Oklahoma Water Resources Board,

b. Oklahoma Corporation Commission,

c. State Department of Agriculture,

d. Oklahoma Conservation Commission,

e. Department of Wildlife Conservation,

f. Department of Mines, and

g. Department of Environmental Quality;

2. "Public Utility" means any individual, firm, association, partnership, corporation or

any combination thereof, municipal corporations or their lessees, trustees and receivers, owning

or operating for compensation in this state equipment or facilities for:

a. producing, generating, transmitting, distributing, selling or furnishing

electricity,

b. the conveyance, transmission, reception or communications over a

telephone system,

c. transmitting directly or indirectly or distributing combustible hydrocarbon

natural or synthetic natural gas for sale to the public, or

d. the transportation, delivery or furnishing of water for domestic purposes or

for power.

Added by Laws 2003, c. 166, § 1, emerg. eff. May 5, 2003.

32
AIR QUALITY DIVISION

2011

State Implementation Plan

Oklahoma Administrative Code

252:100-1

252:100-3

252:100-7

252:100-8

Submitted to EPA

March 2012
AIR QUALITY DIVISION

2011

State Implementation Plan

Oklahoma Administrative Code

252: 100-1

Submitted to EPA

March 2012
TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY

CHAPTER 100. AIR POLLUTION CONTROL

SUBCHAPTER 1. GENERAL PROVISIONS

252:100-1-3. Definitions

The following words and terms, when used in this Chapter, shall have the followingmeaning,

unlessthe context clearly indicates otherwise or unless defined specifically for a Subchapter, section,

or subsection in the Subchapter, section, or subsection.

"Act" means the Federal Clean Air Act, as amended, 42 U.S.c. 7401 et seq.

"Administrator" means, unless specificallydefined otherwise, the Administrator ofthe United

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

"Air contaminant source" means any and all sources of emission of air

contaminants(pollutants), whether privately or publicly owned or operated, or person contributing

to emission ofair contaminants. Without limiting the generality ofthe foregoing, this term includes

all types ofbusiness, commercial and industrial plants, works, shops and stores, heating and power

plants or stations, buildings and other structures of all types.

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

a significant reduction in:

(A) the emission of air contaminants, or

(B) the effect ofsuch emission.

"Air pollution episode" means high levels of air pollution existing for an extended period (24·

hours or more) oftime which may cause acute harmful health effects during periods of atmospheric

stagnation, without vertical or horizontal ventilation. This occurs when there is a high pressure air

mass over an area, a low wind speed and there is a temperature inversion. Other factors such as

humidity may also affect the episode conditions.

"Ambient air standards" or "Ambient air quality standards" means levels ofair quality as

codified in OAC 252:100-3.

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

"Best available control technology" or "BACT" means the best control technology that is

currently available as determined by the Division Director on a case-by-case basis, taking into

account energy, environmental, and economic impacts and other costs ofaltemative controlsystems.

"Building, structure, facility, or installation" means all ofthe 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-emittingactivitiesshall be considered as partofthe same industrial grouping iftheybelong

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.

"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 offin the regenerator.

"Combustible materials" means any substance which will readily bum and shall include those

1
substances which, although generally considered incombustible, are or may be included in the mass

ofthe material burned or to be burned.

"Commence" means, unless specifically defined otherwise, that the owner or operator of a

facility to which neither a NSPS or NESHAP applies has begun the construction or installation of

the emitting units on a pad or in the final location at the facility.

"Complete" means in reference to an application for a permit, the application contains all the

information necessary for processing the application. Designating an application complete for

purposes of permit processing does not preclude the Director from requesting or accepting any

additional infonnation.

"Construction" means, unless specifically defined otherwise, fabrication, erection, or

installation of a source.

"Crude oil" means a naturally occurring hydrocarbon mixture which is a liquid at standard

conditions. It may contain sulfur, nitrogen and/or oxygen derivatives of hydrocarbon.

"Direct fired" means that the hot gasses produced by the flame or heat source come into direct

contact with the material being processed or heated.

"Division" means Air QualityDivision, Oklahoma State Department ofEnvironmental Quality.

"Dust" means solid particulate matter released into or carried in the air by natural forces, by any

fuel-burning, combustion, process equipment or device, construction work, mechanical or industrial

processes.

"EPA" means the United States Environmental Protection Agency.

"Excess emissions" means the emission ofregulated air pollutants in excess of an applicable

limitation or requirement as specified in the applicable limiting Subchapter, permit, or order ofthe

DEQ. This term does not include fugitive VOC emissions covered by an existing leak detection and

repair program that is required by a federal or state regulation.

"Existing source" means, unless specifically defined otherwise, an air contaminant source

which is in being on the effective date ofthe appropriate Subchapter, section, or paragraph ofthese

rules.

"Facility" means all ofthe pollutant-emitting activities that meet all the following conditions:

(A) Are under cornmon control.

(B) Are located on one or more contiguous or adjacent properties.

(C) Have the same two-digit primary SIC Code (as described in the Standard Industrial

Classification Manual, 1987).

"Federally enforceable" means all limitations and conditions which are enforceable by the

Administrator, including those requirements developed pursuant to 40 CFR Parts 60 and 61,

requirements within any applicable State implementation plan, any permit requirements established

pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51, subpart I,

including operating permits issued under an EPA-approved program that is incorporated into the

State implementation plan and expressly requires adherence to any permit issued under such

program.

"Fuel-burning equipment" means anyone or more ofboilers, furnaces, gas turbines or other

combustion devices and all appurtenances thereto used to convert fuel or waste to usable heat or

power.

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

2
stack or chimney.

"Fugitive emissions" means, unless specifically defined otherwise, those emissions which could

not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.

"Fume" means minute solid particles generated by the condensation of vapors to solid matter

after volatilization from the molten state, or generated by sublimation, distillation, calcination, or

chemical reaction when these processes create airborne particles.

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

preparation, cooking and consumption offood.

"Greenhouse gas" or "GHG" means the air pollutant defined in 40 CFR § 86.1818-12(a) as

the aggregate grOUP ofsix greenhouse gases: carbon dioxide (C02), nitrous oxide (N,O), methane

(CH,), hydrofluorocarbons (HFCs), perfiuorocarbons (PFCs), and sulfur hexafluoride (SFj,

"Gross particulate matter" or "GPM" means particulatematter with an aerodynamic diameter

greater than I0 micrometers.

"In being" means as used in the definitions ofNew Installation and Existing Source that an

owner or operatorhas undertaken a continuous program ofconstruction ormodification orthe owner

or operator has entered into abinding agreement or contractual obligation to undertake and complete

within a reasonable time a continuous program of construction or modification prior to the

compliance date for installation as specified by the applicable regulation.

"Incinerator" means a combustion device specifically designed for the destruction, by high

temperature burning, ofsolid, semi-solid, liquid, or gaseous combustible wastes and from which the

solid residues contain little or no combustible material.

"Indirect fired" means that the hot gasses produced by the flame or heat source do not come

into direct contact with the material, excluding air, being processed or heated.

"Installation" means an identifiable piece of process equipment.

"Lowest achievable emissions rate" or "LAER" means, for any source, the more stringentrate

of emissions based on paragraphs (A) and (B) ofthis definition. This limitation, when applied to a

modification, means the lowest achievable emissions rate for the new or modified emissions units

within a stationary source. In no event shall the application of LAER allow a proposed new or

modified stationary source to emit any pollutant in excess ofthe 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 ofstationary source, unless the

owner or operator ofthe 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 ofstationary sources.

"Major source" means any new or modified stationary source which directly emits or has the

capability at maximum design capacity and, if appropriately permitted, authority to emit 100 tons

per year or more of a given pollutant. (OAC 252: I00-8, Part 3)

"Malfunction" means any sudden, infrequent, and not reasonably preventable failure of air

pollution control equipment, process equipment, or a processto operate in a normal or usual manner.

Failures that are caused in part by poor maintenance or careless operation are not malfunctions.

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

3
uncombined water.

"Modification" means any physical change in, or change in the method ofoperation of, a source

which increases the amount-of any air pollutant emitted by such source or which results in the

emission of any air pollutant not previously emitted, except that:

(A) routine maintenance, repair and replacement shall not be considered physical changes;

and,

(B) the following shall not be considered a change in the method of operation:

(i) any increase in the production rate, if such increase does not exceed the operating

design capacity ofthe source;

(ii) an increase in hours of operation;

(iii) use ofalternative fuel or raw material if, prior to the date any standard under this part

becomes applicable to such source the affected facility is designed to accommodate such

alternative use.

"National Emission Standards for Hazardous Air Pollutants" or "NESHAP" means those

standards found in 40 CFR Parts 61 and 63.

"New installation", "New source", or "New equipment" means an air contaminant source

which is not in being on the effective date of these regulations and any existing source which is

modified, replaced, or reconstructed after the effective date ofthe regulations such that the amount

of air contaminant emissions is increased.

"New Source Performance Standards" or "NSPS" means those standards found in 40 CFR

Part 60.

"Nonmethane organic compounds" or "NMOC" means nonrnethane organic compoundS, as

defined in 40 CFR 60.754.

"Opacity" means the degree to which emissions reduce the transmission oflight and obscure

the view of an object in the background.

"Open burning" meanstheburning ofcombustiblematerials in such amanner that the products

of combustion are emitted directly to the outside atmosphere.

"Organic compound" means any chemical compound containing the element carbon.

"Owner or operator" means any person who owns, leases, operates, controls or supervises a

source.

"Part 70 permit" means (unless the contextsuggests otherwise) any permit or group ofpermits

covering a Part 70 source that is issued, renewed, amended, or revised pursuant to this Chapter.

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

"Part 70 source" means any source subject to the permitting requirements of Part 5 of

Subchapter 8, as provided in OAC 252: 100-8-3(a) and (b).

"PM-lO emissions" means particulate matter emitted to the ambient air with an aerodynamic

diameter of 10 micrometers or less as measured by applicable reference methods, or an equivalent

or alternative method.

"PM-lO" means particulate matter with an aerodynamic diameter of 10 micrometers or less.

"PM-2.5" means particulate matter with an aerodynamic diameter of2.5 micrometers or less.

"Particulate matter" or "PM" means any material that exists in a finely divided form as a

liquid or a solid.

"Particulatematter emissions" means particulatematter emitted to the ambient air asmeasured

4
by applicable reference methods, or an equivalent or alternative method.

"Potential to emit" means the maximum capacity of a source to emit a pollutant under its

physical and operational desigI). Any physical or operationallimitatiol1 on the capacity ofthe source

to emit a pollutant, including air pollution control equipment and restrictions on hours of operation

or on the type or amount ofmaterial combusted, stored or processed, shall be treated as part ofits

design ifthe limitation or the effect it would have on emissions is enforceable. Secondary emissions

do not count in determining the potential to emit of a source.

"Prevention of significant deterioration" or "PSD" means increments for the protection of

attainment areas as codified in OAC 252: I00-3.

"Process equipment" means any equipment, device or contrivance for changing any materials

or for storage or handling of any materials, the use or existence ofwhich may cause any discharge

of air contaminants into the open air, but not including that equipment specifically defined as fuelburning equipment, or refuse-burning equipment.

"Process weight" means the weight ofall 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 orlong-run, steady-state, operations, the total process weight forthe entire

period of continuous operation or for a typical portion thereof, divided by the number of

hours ofsuch 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 ofcycles, divided by the hours of actual process operation

during such period.

(C) where the nature of any process or operation or the design of any equipment is such as

to permit more than one interpretation ofthis definition, that interpretation which results in

the minimum value for allowable emission shall apply.

"Reasonably available control technology" or "RACT" means devices, systems, process

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

(A) The necessity of imposing such controls in order to attain and maintain a national

ambient air quality standard;

(B) The social, environmental, and economic impact ofsuch controls; and

(C) Alternative means ofproviding for attainment and maintenance ofsuch standard.

"Reconstruction" means

(A) the replacement ofcomponents ofan 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 ofthe fixed capital cost ofa comparable entirely

new source);

(ii) the estimated life ofthe source after the replacements is comparable to the life of an

entirely new source; and,

(iii) the extent to which the components being replaced cause or contribute to the

emissions from the source.

(B) a reconstructed source will be treated as a new source for purposes ofOAC 252:100-8,

Part 9.

5
"Refinery" means any facility engaged in producing gasoline, kerosene, fuel oils or other

products through distillation of crude oil or through redistillation, cracking, or reforming of

unfinished petroleum derivatives.

"Refuse" means, unless ~pecifically 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 shmbs; tree or shrub trimmings; grass clippings; brick, plaster, lumber or

other waste resulting from the demolition, alteration or construction of buildings or structures;

accumulated waste material, cans, containers, tires, junk or other such substances.

"Refuse-burning equipment" means any equipment, device, or contrivance, and all

appurtenances thereto, used for the destruction of combustible refuse or other combustible wastes

by burning.

"Regulated air pollutant" means any substance or group of substances listed in Appendix P

ofthis Chapter, or any substance regulated as an air pollutant under any federal regulation for which

the Department has been given authority, or any other substance for which an air emission limitation

or equipment standard is set by an enforceable permit.

"Responsible official" means one ofthe following:

(A) For a corporation: a president, secretary, treasurer, or vice-president ofthe 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 ofsuch

person ifthe 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;

(8) 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 ofthis 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 ofthe agency (e.g., a

Regional Administrator of EPA); or

(D) For affected sources:

(i) The designated representative insofar as actions, standards, requirements, or

prohibitions under Title IV of the Act or the regulations promulgated thereunder are

concerned; and

(ii) The designated representative for any other purposes under this Chapter.

"Shutdown" means the cessation of operation of any process, process equipment, or air

pollution control equipment.

"Smoke" means small gas-borne or air-borne particles resulting from combustion operations

and consisting of carbon, ash, and other matter any or all of which is present in sufficient quantity

to be observable.

6
"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 ofthe process materials into air contaminants, as in the case of combustion of

fuel; and,

(B) is not an air pollution abatement operation.

"Stack" means, unless specifically defined otherwise, any chimney, flue, duct, conduit, exhaust,

pipe, vent or opening, excluding flares, designed or specifically intended to conduct emissions to the

atmosphere.

"Standard conditions" means a gas temperature of68 degrees Fahrenheit (20°Centigrade) and

a gas pressure of 14.7 pounds per square inch absolute.

"Startup" means the setting into operation of any process, process equipment, or air pollution

control equipment.

"Stationary source" means, unless specifically defined otherwise, any building, structure,

facility, or installation either fixed or portable, whose design and intended use is at a fixed location

and emits or may emit an air pollutant subject to OAC 252:100.

"Total Suspended Particulates" or "TSP" means particulate matter as measured by the highvolume method described in Appendix B of 40 CFR Part 50.

"Temperature inversion" means a phenomenon in which the temperature in a layer of air

increases with height and the cool heavy air below is trapped by the warmer air above and cannot

nse.

"Visible emission" means any air contaminant, vapor or gas stream which contains or may

contain an air contaminant which is passed into the atmosphere and which is perceptible to the

human eye.

"Volatile organic compound" or "VOC"means any organic compound that participates in

atmospheric photochemical reactions resulting in the formation of tropospheric ozone. Carbon

monoxide, carbon dioxide, carbonic acid, metallic carbides, ammonium carbonates, tert-butyl acetate

and compounds listed in 40 CFR 51.100(s)(1) are presumed to have negligible photochemical

reactivity and are not considered to be VOC.

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

(a) Abbreviations and symbols of units ofmeasure.

(1) Btu - British thermal unit

(2) cm/sec - centimeter per second

ill CO,e - carbon dioxide eguivalent

fflill dscf - dry cubic feet at standard conditions

t41ill dscm - dry cubic meter at standard conditions

t51® ft/min - feet per minute

t6Jill gal - gallon

fflill galld - gallons per day

t8j(2} gal/yr - gallons per year

f91Q.Ql gr/dsef - grains per dry standard cubic foot

(tBJilD hr - hour

7
tH1@ Hg - mercury

ftZJL!.1l hp - horsepower

tH1Q..il me--H,.Q - water

(:t4JQ..il ms--H~- hydrogen sulfide

tt51Q..Ql H2S04 H2S04_- sulfuric acid

ft61Q.1l kg - kilogram

(t71Q..[l kg/metric ton - kilograms per metric ton

ftB1L!..2l kPa - kilopascals

tt9J(20) I - liter

f26JJ1D lIyr - liters per year

tzt1(22) LTID - long tons per day

fZ21Jl1l Ib/wk - pounds per week

tz3](24) Ib - pound

fZ41Q..il Ibslhr - pounds per hour

f25}(26) m:3-m' - cubic meter

tz6j(27) mg/dscm - milligrams per dry standard cubic meter

trT1(28) MMBTUIhr - million british thermal units per hour

~(29) Mg - megagram ---tB6 10' gram

t29}Q.[l Mg/yr - megagrams per year

t3BJ® mg/I - milligrams per liter

t3t1Q1l m1min - meter per minute

t321Qll ng/dscm - nanograms per dry standard cubic meter

f.BJQ.fl ng/J - nanograms per Joule

f-l4}Qil oz/inz ozlin2 - ounce per square inch

MOO ppm - parts per million

f36}QIl psia - pounds per square inch absolute

MQ.ID psig - pounds per square inch gage

f3tl}Q.2l ppmv - parts per million by volume

f.l9J(40) sez-S02-- sulfur dioxide

(4eJ(i1) TPY - tons per year

t4"t1(42) rtgImJ uglm' - micrograms per cubic meter

(b) Acronyms.

(1) A.l.S.l. - American Iron and Steellnstitute

(2) A.S.M.E. - American Society ofMechanical Engineers

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

(4) BACT - Best Available Control Technology

(5) CEM - Continuous Emission Monitor

(6) CFR - Code ofFederal Regulations

(7) COM - Continuous Opacity Monitor

(8) DEQ - Department of Environmental Quality

(9) EPA - Environmental Protection Agency

Q.Ql GHG - Greenhouse Gas

tffljQ.D HAP - Hazardous Air Pollutants

8
tH1@ HMIWI - HospitallMedicallInfectious Waste Incinerator

(tZ1Jlll MACT - Maximum Achievable Control Technology

fH1fl1l MSW - Munkipal Solid Waste

tM7@ MWC - Municipal Waste Combustors

(t51.QQl NAAQS - National Ambient Air Quality Standards

fttiJJl1l NESHAP - National Emissions Standards for Hazardous Air Pollutants

tt9Jf.lID NSPS - New Source Performance Standards

~Jl2l OAC - Oklahoma Administrative Code

tt9}(20) PBR - Permit by Rule

twtJ1D PM - Particulate Matter

tzi"1(22) PSD - Prevention of Significant Deterioration

tz2}J1l} SIC - Standard Industrial Classification

f231(24) SIP - State Implementation Plan

t24}@ TSP - Total Suspended Particulates

tz5}(26) VOC - Volatile Organic Compound

tz6j(27) 27A O.S. - Title 27A Oklahoma Statutes Amlotated

9
AIR QUALITY DIVISION

2011

State Implementation Plan

Oklahoma Administrative Code

252:100-3

Submitted to EPA

March 2012
TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY

CHAPTER 100. AIR POLLUTION CONTROL

SUBCHAPTER 3. AIR QUALITY STANDARDS AND INCREMENTS

252:100-3-4. Significant deterioration increments

(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 ofthree classes of areas. See OAC 252: J00-8, Part 7.

(b) The allowable increments are as follows:

(1) Class I Areas:

(A) Par ticulatc mattci PM2.

5 (effective October 20. 20 II):

(n annual arithmetic mean: maximum allowable increase is I microgram per cubic

meter.

(ii) twenty-four hour maximum: maximum allowable increase is 2 micrograms per cubic

meter.

(B) PM,,,:.

(i) PM-IO, annual arithmetic mean: maximum allowable increase is 4 micrograms per

cubic meter.

(ii) PM-IO, twenty-four hour maximum: maximum allowable increase is 8 micrograms

per cubic meter.

fB1(Q 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.

f€1.1.m Nitrogen dioxide (effective May II, 1991), annual arithmetic mean: maximum

allowable increase is 2.5 micrograms per cubic meter.

(2) Class II Areas:

(A) Particulatc mattci PM2.

5 (effective October 20.201 I):

(i) annual arithmetic mean: maximum allowable increase is 4 micrograms per cubic

meter.

ni) twenty-four hour maximum: maximum allowable increase is 9 micrograms per cubic

meter.

(B) PM,,,:.

(i) PM-IO, annual arithmetic mean: maximum allowable increase is 17 micrograms per

cubic meter.

(ii) PM-l 0, twenty-four hour maximum: maximum allowable increase is 30 micrograms

per cubic meter.

fB1(Q Sulfur dioxide:

(i) annual arithmetic mean: maximum allowable increase is 20 micrograms per cubic

meter.

(ii) twenty-four hour maximum: maximum allowable increase is 91 micrograms per

cubic meter.

I
(iii) three-hour maximum: maximum allowable increase is 512 micrograms per cubic

meter.

f8l(ill Nitrogen dioxide (effective May 11, 1991), annual arithmetic mean: maxnTIum

allowable increase is 25 micrograms per cubic meter.

(3) Class 1lI Areas:

(A) Pattieu!ate mattet PM2s (effective October 20, 2011):

(i) annual arithmetic mean: maximum allowable increase is 8 micrograms per cubic

meter.

(ii) twenty-four hour maximum: maximum allowable increase is 18 micrograms per

cubic meter.

(8) PMlO~

(i) PM-IO, annual arithmetic mean: maximum allowable increase is 34 micrograms per

cubic meter.

(ii) PM-IO, twenty-four hour maximum: maximum allowable increase is 60 micrograms

per cubic meter.

tB}.(Q 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.

f8l(ill Nitrogen dioxide (effective May 11, 1991), annual arithmetic mean: maximum

allowable increase is 50 micrograms per cubic meter.

2
AIR QUALITY DIVISION

2011

State Implementation Plan

Oklahoma Administrative Code

252:100-7

Submitted to EPA

March 2012
TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY

CHAPTER 100. AIR POLLUTION CONTROL

SUBCHAPTER 7. PERMITS FOR MINOR FACILITIES

PART I. GENERAL PROVISIONS

252:100-7-2.1. Minor permits for greenhouse gas (GHG) emitting facilities

Greenhouse gas (GHGl emissions shall not be included in a minor facility pennit nor cause

a facility to be sub;ect to minor facility pennitting requirements contained in OAC 252:I00-7. unless

the owner or operator of that facility requests that GHG emission limits and/or physical or

operational limitations be included in a minor pennit for the facility to set enforceable limits to keep

potential GHG emission levels below the applicability threshold levels for the PSD construction

pennit program and/orthe Part 70 operating pennit program. Physical or operational limitations may

include. but are not limited to. air pollution control equipment. restrictions on hours of operation.

and/or restrictions on the type or amount ofmaterial combusted. stored. or processed.
AIR QUALITY DIVISION

2011

State Implementation Plan

Oklahoma Administrative Code

252:100-8

Submitted to EPA

March 2012
'TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY

CHAPTER 100. AIR POLLUTION CONTROL

SUBCHAPTER8. PERMUTS FOR PART 70 SOURCES

PART 5. PERMUTS FOR PART 70 SOURCES

252:100-8-2. Definitions

The following words and tenns, when used in this Part, shall have the following meaning, unless

the context clearly indicates otherwise. Except as specifically provided in this Section, tenns used

in this Part retain the meaning accorded them under the applicable requirements of the Act.

"Administratively complete" means an application that provides:

(A) All infonnation required under OAC 252:100-8-5(c), (d), or (e);

(B) A landowner affidavit as required by SAC 252.2-15-28(b)(3) OAC 252:4-7-I3Cb);

(C) The appropriate application fees as required by OAC 252: 100-8-1.7; and

(D) Certification by the responsible official as required by OAC 252:100-8-5(f).

"Affected source" means the same as the meaning given to it in the regulations promulgated

under Title IV (acid rain) of the Act.

"Affected states" means:

(A) all states:

(i) That are one of the following contiguous states: Arkansas, Colorado, Kansas,

Missouri, New Mexico and Texas, and

(ii) That in the judgment of the DEQ may be directly affected by emissions from the

facility seeking the pennit, pennit modification, or pennit renewal being proposed; or

(B) all states that are within 50 miles of the pennitted source.

"Affected unit" means the same as the meaning given to it in the regulations promulgated under

Title IV (acid rain) of the Act.

"Applicable requirement" means all ofthe following as they apply to emissions units in a Part

70 source subject to this Chapter (including requirements that have been promulgated or approved

by EPA through rulemaking at the time of issuance but have future effective compliance dates):

(A) Any standard or other requirements provided for in the applicable implementation plan

approved or promulgated by EPA through rulemaking under Title I of the Act that

implements the relevant requirements of the Act, including any revisions to that plan

promulgated in 40 CFR Part 52;

(B) Any term or condition of any preconstruction permits issued pursuant to regulations

approved or promulgated through rulemaking under Title I, including parts C or D, of the

Act;

(C) Any standard or other requirement under section 111 of the Act, including section

1Il(d);

(D) Any standard or other requirement under section 112 of the Act, including any

requirement concerning accident prevention under section 112(r)(7) of the Act, but not

including the contents of any risk management plan required under 112(r) of the Act;

(E) Any standard or other requirement ofthe acid rain program under Title IV of the Act or

the regulations promulgated thereunder;

(F) Any requirements established pursuant to section 504(b) orsection 114(a)(3) ofthe Act;

(G) Any standard or otherrequirement governing solid waste incineration, undersection 129

of the Act;

(H) Any standard or otherrequirementfor consumer and commercial products, under section

183(e) of the Act;

(I) Any standard or other requirement for tank vessels, under section 183(f) of the Act;

(J) Any standard or otherrequirement ofthe regulations promulgated to protectstratospheric

ozone under Title VI of the Act, unless the Administrator has detennined that such

requirements need not be contained in a Title V pennit; and

(K) Any national ambient air quality standard or increment or visibility requirement under

1
part C of Title I of the Act, but only as it would apply to temporary sources permitted

pursuant to section 504(e) of the Act.

"Begin actual construction" means for purposes of this Part, that the owner or operator has

begun the construction or installation of the emitting equipment on a pad or in the final location at

the facility.

"Designated representative" means with respect to affected units, a responsible person or

official authorized by the owner or operator of a unit to represent the owner or operator in matters

pertaining to the holding, transfer, or disposition of allowances allocated to a unit, and the

submission of and compliance with permits, permit applications, and compliance plans for the unit.

"Draft permit" means the version of a permit for which the DEQ offers public participation

under 27A O.S.§§ 2-14-101 through 2-14-401 and OAC 252:4-7 or affected State review underOAC

252: 100-8-8.

"Emergency" means, when used in OAC 252:100-8-6(a)(3)(C)(iii)(I) and (e), any situation

arising from sudden and reasonably unforeseeable events beyond the control of the source, including

acts of God, which situation requires immediate corrective action to restore normal operation, and

that causes the source to exceed a technology-based emission limitation under the permit, due to

unavoidable increases in emissions attributable to the emergency. An emergency shall not include

noncompliance to the extent caused by improperly designed equipment, lack of preventive

maintenance, careless or improper operation, or operator error.

"Emissions allowable under the permit" means a federally enforceable permit term or

condition determined at issuance to be required by an applicable requirement that establishes an

emissions limit (including a work practice standard) or a federally enforceable emissions cap that

the source has assumed to avoid an applicable requirement to which the source would otherwise be

subject.

"Emissions unit" means any part or activity of a stationary source that emits or has the potential

to emit any regulated air pollutant or any pollutant listed under section 112(b) of the Act. Fugitive

emissions from valves, flanges, etc. associated with a specific unit process shall be identified with

that specific emission unit. This term is not meant to alter or affect the definition of the term "unit"

for purposes of Title IV of the Act.

"Final permit" means the version of a part 70 permit issued by the DEQ that has completed all

review procedures required by OAC 252:100-8-7 through 252:100-8-7.5 and OAC 252:100-8-8.

"Fugitive emissions" means those emissions of regulated air pollutants which could not

reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening.

"General permit" means a part 70 permit that meets the requirements of OAC 252: 100-8-6.1.

"Insignificant activities" means individual emissions units that are either on the list approved

by the Administrator and contained in Appendix I, or whose actual calendar year emissions do not

exceed any of the limits in (A) and (B) of this definition. Any activity to which a State or federal

applicable requirement applies is not insignificant even if it meets the criteria below or is included

on the insignificant activities list.

(A) 5 tons per year (TPY) of anyone criteria pollutant.

(B) 2 tons per year for anyone hazardous air pollutant (HAP) or 5 tons per year for an

aggregate oftwo or more HAPs, or 20 percent of any threshold less than 10 tons per year for

single HAP that the EPA may establish by rule.

"MACT" means maximum achievable control technology.

"Majorsource" means any stationary source (or any group ofstationary sources that are located

on one or more contiguous or adjacent properties and are under common control of the same person

(or persons under common control)) belonging to a single major industrial grouping and that is

described in subparagraph (A), (B), or (C) of this definition. For the purposes of defining "major

source," a stationary source or group of stationary sources shall be considered part of a single

industrial grouping if all of the pollutant emitting activities at such source or group of sources on

contiguous or adjacent properties belong to the same Major Group (i.e., all have the same two-digit

primary SIC code) as described in the Standard Industrial Classification Manual, 1987.

(A) A major source under section 112 of the Act, which is defined as:

(i) For pollutants other than radionuclides, any stationary source or group of stationary

2
sources located within a contiguous area and under common control that emits or has the

potential to emit, in the aggregate, 10 TPY or more of any hazardous air pollutant which

has been listed pursuant to section 112(b) ofthe Act, 25 TPY or more of any combination

of such hazardous air pollutants, or such lesser quantity as the Administrator may

establish by rule. Notwithstanding the preceding sentence, emissions from any oil or gas

exploration or production well (with its associated equipment) and emissions from any

pipeline compressor or pump station shall not be aggregated with emissions from other

similar units, whether or not such units are in a contiguous area or under common

control, to determine whether such units or stations are major sources; 01';

(ii) For radionuclides, "major source" shall have the meaning specified by the

Administrator by rule.

(B) A major stationary source of air pollutants, as defined in section 302 of the Act, that

directly emits or has the potential to emit, 100 TPY or more of any regulated air pollutant

(except gross particulate matter) subject to regulation (including any majorsource offugitive

emissions of any such pollutant, as determined by rule by the Administrator). The fugitive

emissions of a stationary source shall not be considered in determining whether it is a major

stationary source for the purposes of section 302(j) ofthe Act, unless the source belongs to

one of the following categories of stationary sources:

(i) Coal cleaning plants (with thermal dryers);

(ii) Kraft pulp mills;

(iii) Portland cement plants;

(iv) Primary zinc smelters;

(v) Iron and steel mills;

(vi) Primary aluminum ore reduction plants;

(vii) Primary copper smelters;

(viii) Municipal incinerators capable of charging more than 250 tons of refuse per day;

(ix) Hydrofluoric, sulfuric, or nitric acid plants;

(x) Petroleum refineries;

(xi) Lime plants;

(xii) Phosphate rock processing plants;

(xiii) Coke oven batteries;

(xiv) Sulfur recovery plants;

(xv) Carbon black plants (furnace process);

(xvi) Primary lead smelters;

(xvii) Fuel conversion plants;

(xviii) Sintering plants;

(xix) Secondary metal production plants;

(xx) Chemical process plants (not including ethanol production facilities that produce

ethanol by natural fermentation included in NAICS codes 325193 or 312140);

(xxi) Fossil-fuel boilers (or combination thereof) totaling more than 250 million British

thermal units per hour heat input;

(xxii) Petroleum storage and transfer units with a total storage capacity exceeding

300,000 barrels;

(xxiii) Taconite ore processing plants;

(xxiv) Glass fiber processing plants;

(xxv) Charcoal production plants;

(xxvi) Fossil-fuel-fired steam electric plants of more than 250 million British thermal

units per hour heat input; or

(xxvii) All other stationary source categories which, as of August 7, 1980, are being

regulated by a standard promulgated under section III or 112 of the Act.

(C) A major stationary source as defined in part D of Title I of the Act, including:

(i) For ozone non-attainment areas, sources with the potential to emit 100 TPY or more

of volatile organic compounds or oxides of nitrogen in areas classified as "marginal" or

"moderate," 50 TPY or more in areas classified as "serious," 25 TPY or more in areas

3
classified as "severe," and 10 TPY or more in areas classified as "extreme"; except that

the references in this paragraph to 100, 50, 25, and 10 TPY of nitrogen oxides shall not

apply with respect to any source for which the Administrator has made a finding, under

section 182(f)(l) or (2) of the Act, that requirements under section 182(f) ofthe Act do

not apply;

(ii) For ozone transport regions established pursuant to section 184 ofthe Act, sources

with the potential to emit 50 TPY or more of volatile organic compounds;

(iii) For carbon monoxide non-attainment areas:

(I) that are classified as "serious"; and

(II) in which stationary sources contribute significantly to carbon monoxide levels

as determined under rules issued by the Administrator, sources with the potential to

emit 50 TPY or more of carbon monoxide; and

(iv) For particulate matter (PM-lO) (PM101 non-attainment areas classified as "serious,"

sources with the potential to emit 70 TPY or more of PM-Ie PMIO•

"Maximum capacity" means the quantity of air contaminants that theoreticallycould be emitted

by a stationary source without control devices based on the design capacity or maximum production

capacity of the source and 8,760 hours of operation per year. In determining the maximum

theoretical emissions of VOCs for a source, the design capacity or maximum production capacity

shall include the use of raw materials, coatings and inks with the highest VOC content used in

practice by the source.

"Permit" means (unless the contextsuggests otherwise) any permit or group ofpermits covering

a Part 70 source that is issued, renewed, amended, or revised pursuant to this Chapter.

"Permitmodification" means a revision to a Part 70 construction or operating permit that meets

the requirements of OAC 252:100-8-7.2(b).

"Permit program costs" means all reasonable (direct and indirect) costs required to develop

and administer a permit program, as setforth in OAC 252: 100-5-2.2 (whethersuch costs are incurred

by the DEQ or other State or local agencies that do not issue permits directly, but that support permit

issuance or administration).

"Permit revision" means any permit modification or administrative permit amendment.

"Potential to emit" means the maximum capacity of a stationary source to emit any air pollutant

under its physical and operational design. Any physical or operational limitation on the capacity of

a source to emit an air pollutant, including air pollution control equipment and restrictions on hours

of operation or on the type or amount of material combusted, stored, or processed, shall be treated

as part of its design if the limitation is enforceable by the Administrator. This term does not alter

or affect the use of this term for any other purposes under the Act, or the term"capacity factor" as

used in Title IV of the Act or the regulations promulgated thereunder.

"Proposed permit" means the version of a permit that the DEQ proposes to issue and forwards

to the Administrator for review in compliance with OAC 252: 100-8-8.

"Regulated air pollutant" means the following:

(A) Nitrogen oxides or any volatile organic compound (VOC), including those substances

defined in OAC 252:100-1-3, 252:100-37-2, and 252:100-39-2, except those specifically

excluded in the EPA definition of VOC in 40 CFR 51.100(s);

(B) Any pollutant for which a national ambient air quality standard has been promulgated;

(C) Any pollutant that is subject to any standard promulgated under section III ofthe Act;

(D) Any Class lor II ozone-depleting substance subject to a standard promulgated under or

established by Title VI of the Act;

(E) Any pollutantsubject to a standard promulgated under section 112 or other requirements

established under section 112 of the Act (Hazardous Air Pollutants), including sections

112(g) (Modifications), (j) (Equivalent Emission Limitation by Permit, and (r) (Prevention

of Accidental Releases), including the following:

(i) any pollutant subject to the requirements under section 112(j) of the Act. If the

Administrator fails to promulgate a standard by the date established pursuant to section

112(e) ofthe Act (Schedule for Standards and Review), any pollutantfor which a subject

source would be major shall be considered to be regulated as to that source on the date

4
18 months after the applicable date established pursuant to section 112(e) ofthe Act; and,

(ii) any pollutant for which the requirements ofsection 112(g)(2) of the Act have been

met, but only with respect to the individual source subject to the section 112(g)(2)

requirement; or

(F) Any other substance for which an air emission limitation or equipment standard is set

by an existing permit or regulation.

"Renewal" means the process by which a permit is reissued at the end of its term.

"Section 502(b)(10) changes" means changes that contravene an express permit term. Such

changes do not include changes that would violate applicable requirements or contravene federally

enforceable permit terms and conditions that are monitoring (including test methods), recordkeeping,

reporting, or compliance certification requirements.

"Small unit" means a fossil fuel fired combustion device which serves a generator with a name

plate capacity of 25 MWe or less.

"State-only requirement" means any standard or requirement pursuant to OklahomaClean Air

Act (27A O.S.§§ 2-5-101 through 2-5-118, as amended) that is not contained in the State

Implementation Plan (SIP).

"State program" means a program approved by the Administrator under 40 CFR Part 70.

"Stationary source" means any building, structure, facility, or installation that emits or may

emit any regulated air pollutant or any pollutant listed under section 112(b) of the Act as it existed

on January 2, 2006.

"Subject to regulation" means, for any air pollutant, that the pollutant is subject to either a

provision in the federal Clean Air Act, or a nationally-applicable regulation codified by the EPA

Administrator in subchapter C of Chapter I of 40 CFR, that requires actual control of the quantity

of emissions ofthat pollutant, and that such a control requirement has taken effect and is operative

to control, limit, or restrict the quantity of emissions of that pollutant released from the regulated

activity. Except that:

(A) Greenhouse gases (GHG) shall not be subject to regulation unless, as of July 1, 2011,

the GHG emissions are at a stationary source emitting or having the potential to emit 100.000

TPY CO, equivalent emissions (CO,e) and are otherwise subject to regulation as previously

described in this definition.

(B) The term TPY CO, equivalent emissions (CO,e) shall represent an amount of GHG

emitted, and shall be computed by multiplying the mass amount ofemissions (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 of 40 CFR Part 98 -Global Warming

Potentials, and summing the resultant value for each to compute a TPY CO,e.

(C) If federal legislation or a federal court stays. invalidates. delays the effective date. or

otherwise renders unenforceable by the EPA, in whole or in part. the EPA's tailoring rule (75

FR 31514.June 3, 2010). endangermentfinding <74 FR66496, December 15, 2009). orlightduty vehicle greenhouse gas emission standard <75 FR 25686. May 7, 2010). this definition

shall be enforceable only to the extent that it is enforceable by the EPA,

"Trivial activities" means any individual or combination of air emissions units that are

considered inconsequential and are on a list approved by the Administrator and contained in

Appendix J.

"Unit" means, for purposes of Title IV, a fossil fuel-fired combustion device.

PART 7. PREVENTION OF SIGNIFICANT DETERIORATION (PSD)

REQUIREMENTS FOR ATTAINMENT AREAS

252:100-8-31. Definitions

The following words and terms when used in this Part shall have the following meaning, unless

the context clearly indicates otherwise. All terms used in this Part that are not defined in this Section

shall have the meaning given to them in OAC252: 100-1-3, 252: 100-8-1.1, or in the OklahomaClean

Air Act.

5
"Actual emissions" means the actual rate of emissions of a regulated NSR pollutant from an

emissions unit, as determined in accordance with paragraphs (A) through (C) of this definition,

except that this definition shall not apply for calculating whether a significant emissions increase has

occurred, or for establishing a PAL under OAC 252: 100-8-38. Instead, the definitions of "projected

actual emissions" and "baseline actual emissions" shall apply for those purposes.

(A) In general, actual emissions as of a particular date shall equal the average rate in TPY

at which the unit actually emitted the pollutant during a consecutive 24-month period which

precedes the particular date and which is representative of normal source operation. The

Director shall allow the use of a different time period upon a determination that it is more

representative of normal source operation. Actual emissions shall be calculated using the

unit's actual operating hours, production rates, and types of materials processed, stored, or

combusted during the selected time period.

(B) The Director may presume that source-specific allowable emissions for the unit are

equivalent to the actual emissions of the unit.

(C) For any emissions unit that has not begun normal operations on the particular date,

actual emissions shall equal the potential to emit of the unit on that date.

"Allowable emissions" means the emission rate of a stationary source calculated using the

maximum rated capacity of the source (unless the source is subject to enforceable limits which

restrict the operating rate, or hours of operation, or both) and the most stringent of the following:

(A) the applicable standards as set forth in 40 CFR Parts 60 and 61;

(B) the applicable State rule allowable emissions; or,

(C) the emissions rate specified as an enforceable permit condition.

"Baseline actual emissions" means the rate of emissions, in TPY, of a regulated NSR

pollutant, as determined in accordance with paragraphs (A) through (E) of this definition.

(A) The baseline actual emissions shall be based on current emissions data and the unit's

utilization during the period chosen. Current emission data means the most current and

accurate emission factors available and could include emissions used in the source's latest

permit or permit application, the most recent CEM data, stack test data, manufacturer's data,

mass balance, engineering calculations, and other emission factors.

(B) For any existing electric utility steam generating unit (EUSGU), baseline actual

emissions means the average rate, in TPY, at which the unit actually emitted the pollutant

during any consecutive 24-month period selected by the owner or operator within the 5-year

period immediately preceding the date that a complete permit application is received by the

Director for a permit required under OAC 252: 100-8. The Director shall allow the use of a

different time period upon a determination that it is more representative of normal source

operation.

(i) The average rate shall include fugitive emissions to the extent quantifiable, and

emissions associated with start-ups, shutdowns, and malfunctions.

(ii) The average rate shall be adjusted downward to exclude any noncompliant emissions

that occurred while the source was operating above an emission limitation that was

legally enforceable during the consecutive 24-month period.

(iii) For a regulated NSR pollutant, when a project involves multiple emissions units,

only one consecutive 24-month period shall be used to determine the baseline actual

emissions for all the emissions units affected by the project. A different consecutive 24-

month period can be used for each regulated NSR pollutant.

(iv) The average rate shall not be based on any consecutive 24-month period for which

there is inadequate information for determining annual emissions, in TPY, and for

adjusting this amount if required by (B)(ii) of this definition.

(C) For an existing emissions unit (other than an EUSGU), baseline actual emissions means

the average rate in TPY, at which the emissions unit actuallyemitted the pollutant during any

consecutive 24-month period selected by the owner or operator within the lO-year period

immediately preceding either the date the owner or operator begins actual construction ofthe

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

6
earlier, except that the 10 year period shall not include any period earlier than November 15,

1990.

(i) The average rate shall include fugitive emissions to the extent quantifiable, and

emissions associated with startups, shutdowns, and malfunctions.

(ii) The average rate shall be adjusted downward to exclude any noncompliant emissions

that occurred while the source was operating above an emission limitation that was

legally enforceable during the consecutive 24-month period.

(iii) The average rate shall be adjusted downward to exclude any emissions that would

have exceeded an emission limitation with which the major stationary source must

currently comply, had such major stationary source been required to comply with such

limitations during the consecutive 24-month period. However, if an emission limitation

is part of a MACT standard that the Administrator proposed or promulgated under 40

CFR 63, the baseline actual emissions need only be adjusted if DEQ has taken credit for

such emissions reduction in an attainment demonstration or maintenance plan consistent

with requirements of 40 CPR 51.165(a)(3)(ii)(G).

(iv) For a regulated NSR pollutant, when a project involves multiple emissions units,

only one consecutive 24-month period must be used to determine the baseline actual

emissions for the emissions units being changed. A different consecutive 24-month

period can be used for each regulated NSR pollutant.

(v) The average rate shall not be based on any consecutive 24-month period for which

there is inadequate information for determining annual emissions, in TPY, and for

adjusting this amount if required by (C)(ii) and (iii) of this definition.

(D) For a new emissions unit, the baseline actual emissions for purposes of determining the

emissions increase that will result from the initial construction and operation of such unit

shall equal zero; and thereafter, for all other purposes, shall equal the unit's potential to emit.

(E) For a PAL for a stationary source, the baseline actual emissions shall be calculated for

existing EUSGU in accordance with the procedures contained in paragraph (B) of this

definition, for other existing emissions units in accordance with the procedures contained in

Paragraph (C) of this definition, and for a new emissions unit in accordance with the

procedures contained in paragraph (D) of this definition.

"Baseline area" means any intrastate areas (and every part thereof) designated as attainment or

unclassifiable under section 107(d)(i)(D) (jJ (E) 107(d)(l)(A)(ii) or (iii) of the Act in which the

major source or major modification establishing the minor source baseline date would construct or

would have an air quality impact for the pollutant for which the baseline date is established. as

follows::eqml!-Egual to or greater than I ~glmj (annual average) ofthe pollutantfol which the minot

somee baseline date is established. for S07' N02. or PMlQ: or equal or greater than 0.3 uglm3(annual

average) for PM,..,

(A) Area redesignations undersection 107(d)(l)(D) 01 (E) 107(d)(l)(A)(ii) or(iii) ofthe Act

cannot intersect or be smaller than the area ofimpact of any major stationary source or major

modification which:

(i) establishes a minor source baseline date; or

(ii) is subject to 40 CPR 52.21 or OAC 252: 100-8, Part 7, and would be constructed in

the same State as the State proposing the redesignation.

(B) Any baseline area established originally for the TSP increments shall remain in effect

and shall apply for purposes ofdetermining the amount of available PM-iS PMIO 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) ofthe definition

of "baseline date".

"Baseline concentration" meansthat ambient concentration level that exists in the baseline area

at the time of the applicable minor source baseline date.

(A) A baseline concentration is determined for each pollutant for which a minor source

baseline date is established and shall include:

(i) the actual emissions representative of sources in existence on the applicable minor

source baseline date, except as provided in (B) of this definition. .

7
(ii) the allowable emissions of major stationary sources that commenced construction

before the major source baseline date, but were not in operation by the applicable minor

source baseline date.

(B) The following will not be included in the baseline concentration and will affect the

applicable maximum allowable increasers):

(i) actual emissionsfrom any majorstationary source on which construction commenced

after the major source baseline date; and,

(ii) actual emissions increases and decreases at any stationary source occurring after the

minor source baseline date.

"Baseline date" means:

(A) Major source baseline date means:

(i) in the case ofpartieulatc mattcr PMIO and sulfur dioxide, January 6, 1975;-and~

(ii) in the case of nitrogen dioxide, February 8, 19887; 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 particulatc mattcr PMIO and sulfur dioxide, August 7, 1977;-and~

(ii) in the case of nitrogen dioxide, February 8, 19887; and

(iii) in the case of PM2.

5, October 20,2011.

(C) The baseline date is established for each pollutant for which increments or other

equivalent measures have been established if:

(i) the area in which the proposed source or modification would construct is designated

as attainment or unclassifiable under section 107(d)(i)(D) or (E) 107Cd)(l)(A)(ii) or (iii)

of the Act for the pollutant on the date of its complete application under 40 CFR 52.21

or under OAC 252: 100-8, Part 7; and

(ii) in the case of a major stationary source, the pollutant would be emitted in significant

amounts, or, in the case of a major modification, there would be a significant net

emissions increase of the pollutant.

(D) Any minor source baseline date established originally for the TSP increments shall

remain in effect and shall apply for purposes of determining the amount of available PM-1O

PMIO increments, except that the Director may rescind any such minor source baseline date

where it can be shown, to the satisfaction of the Director, that the emissions increase from

the major stationary source, or the net emissions increase from the major modification,

responsible for triggering that date did not result in a significant amount of PM 10 PMIO

emiSSIOns.

"Begin actual construction" means in general, initiation of physical on-site construction

activities on an emissions unit which are of a permanent nature.

(A) Such activities include, but are not limited to, installation of building supports and

foundations, laying of underground pipework, and construction of permanent storage

structures.

(B) With respect to a change in method of operation this term refers to those on-site

activities, other than preparatory activities, which mark the initiation of the change.

"Best available control technology" or "BACT" means an emissions limitation (including a

visible emissions standard) based on the maximum degree of reduction for each regulated NSR

pollutant which would be emitted from any proposed major stationary source or major modification

which the Director, on a case-by-case basis, taking into account energy, environmental, and

economic impacts and other costs, determines is achievable for such source or modification through

application of production processes or available methods, systems, and techniques, including fuel

cleaning or treatment or innovative fuel combination techniques for control ofsuch 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

8
infeasible, a design, equipment, work practice, operational standard or combination thereof, may be

prescribed instead to satisfy the requirement for the application of BACT. Such standard shall, to

the degree possible, set forth the emissions reduction achievable by implementation ofsuch design,

equipment, work practice or operation, and shall provide for compliance by means which achieve

equivalent results.

"Clean coal technology" means any technology, including technologies applied at the

precombustion, combustion, or post combustion stage, at a new or existing facility which will

achieve significantreductions in air emissions ofsulfur dioxide or oxides ofnitrogen associated with

the utilization of coal in the generation of electricity, or process steam which was not in widespread

use as of November 15, 1990.

"Clean coal technology demonstration project" means a project using funds appropriated

under the heading "Department of Energy-Clean Coal Technology", up to a total amount of

$2,500,000,000 for commercial demonstration of clean coal technology, or similar projects funded

through appropriations for the EPA. The Federal contribution for a qualifying project shall be at

least 20% ofthe total cost of the demonstration project.

"Commence" means, as applied to construction of a major stationary source or major

modification, that the owner or operator has all necessary preconstruction approvals or permits and

either has:

(A) begun, or caused to begin, a continuous program of actual on-site construction of the

source, to be completed within a reasonable time; or,

(B) entered into binding agreements or contractual obligations, which cannot be cancelled

or modified without substantial loss to the owner or operator, to undertake a program of

actual construction ofthe source to be completed within a reasonable time.

"Construction" means any physical change or change in the method of operation (including

fabrication, erection, installation, demolition, or modification of an emissions unit) that would result

in a change in emissions.

"Continuous emissions monitoring system" or "CEMS" means all ofthe equipment that may

be required to meet the data acquisition and availability requirements to sample, condition (if

applicable), analyze, and provide a record of emissions on a continuous basis.

"Continuous emissions rate monitoring system" or "CERMS" means the total equipment

required for the determination and recording ofthe pollutant mass emissions rate (in terms of mass

per unit of time).

"Continuous parameter monitoring system" or "CPMS" means all of the equipment

necessary to meet the data acquisition and availability requirements to monitor process and control

device operational parameters (for example, control device secondary voltages and electric currents)

and other information (for example, gas flow rate, 0" orCO, concentrations), and to record average

operational parameter value(s) on a continuous basis.

"Electric utility steam generating unit" or "EUSGU" means any steam electric generating

unit that is constructed for the purpose of supplying more than one-third of its potential electric

output capacity and more than 25 MW electrical output to any utility power distribution system for

sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a

steam-electric generator that would produce electrical energy for sale is also considered in

determining the electrical energy output capacity of the affected facility.

"Emissions unit" means any part of a stationary source that emits or would have the potential

to emit any regulated NSR pollutant and includes an EUSGU. There are two types of emissions

units as described in paragraphs (A) and (B) of this definition.

(A) A new emissions unit is any emissions unit that is (or will be) newly constructed and

that has existed for less than 2 years from the date such emissions unit first operated.

(B) An existing emissions unit is any emissions unit that does not meet the requirements in

paragraph (A) of this definition. A replacement unit is an existing emissions unit.

"Federal Land Manager" means with respect to any lands in the United States, the Secretary

of the department with authority over such lands.

"High terrain" means any area having an elevation 900 feet or more above the base ofthe stack

of a source.

9
"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 ofenergy, economics, or non-air quality environmental

impacts.

"Low terrain" means any area other than high terrain.

"Major modification" means:

(A) Any physical change in or change in the method of operation of a major stationary

source that would result in a significant emissions increase of a regulated NSR pollutant and

a significant net emissions increase of that pollutant from the major stationary source is a

major modification.

(i) Any significant emissions increase from any emissions units ornet emissions increase

at a major stationary source that is significant for VOC or NOx shall be considered

significant for ozone.

(ii) A physical change or change in the method of operation shall not include:

(I) routine maintenance, repair and replacement;

(II) use of an alternative fuel or raw material by reason of any order under sections

2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or

any superseding legislation) or by reason of a natural gas curtailment plan pursuant

to the Federal Power Act;

(III) use of an alternative fuel by reason of an order or rule under section 125 of the

Act;

(IV) use of an alternative fuel at a steam generating unit to the extent that the fuel is

generated from municipal solid waste;

(V) use of an alternative fuel or raw material by a stationary source which the source

was capable of accommodating before January 6, 1975, (unless such change would

be prohibited under any enforceable permit condition which was established after

January 6, 1975) or the source is approved to use under any permit issued under 40

CFR 52.21 or OAC 252:100-7 or 252:100-8;

(VI) an increase in the hours of operation or in the production rate, unless such

change would be prohibited under any federally enforceable permit condition which

was established after January 6, 1975;

(VII) any change in source ownership;

(VIII) the installation, operation, cessation, or removal of a temporary clean coal

technology demonstration project, provided the project complies with OAC 252: 100

and other requirements necessary to attain and maintain the NAAQS during the

project and after it is terminated;

(IX) the installation or operation of a permanent clean coal technology

demonstration project that constitutes repowering, provided that the project does not

result in an increase in the potential to emit of any regulated pollutant (on a 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.

"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:

(1) 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),

10
(IV) coal cleaning plants (with thennal 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--se 250 tons of refuse

per day,

(XV) petroleum refineries,

(XVI) petroleum storage and transfer units with a total storage capacity exceeding

300,000 barrels,

(XVII) phosphate rock processing plants,

(XVIII) portland cement plants,

(XIX) primary aluminum ore reduction plants,

(XX) primary copper smelters,

(XXI) primary lead smelters,

(XXII) primary zinc smelters,

(XXIII) secondary metal production plants,

(XXIV) sintering plants,

(XXV) sulfur recovery plants, or

(XXVI) taconite ore processing plants;

(ii) any other stationary source not on the list in (A)(i) of this definition which emits, or

has the potential to emit, 250 TPY or more of a regulated NSR pollutant;

(iii) any physical change that would occur at a stationary source not otherwise qualifying

as a major stationary source under this definition if the change would constitute a major

stationary source by itself.

(B) A major source that is major for VOC or NOx shall be considered major for ozone.

(C) The fugitive emissions of a stationary source shall not be included in detennining for

any of the purposes of this Part whether it is a major stationary source, unless the source

belongs to one of the following categories of stationary sources:

(i) the stationary sources listed in (A)(i) of this definition;

(ii) any other stationary source category which, as of August 7, 1980, is being regulated

under section 111 or 112 of the Act.

"Necessary preconstruction approvals or permits" means those pennits or approvals required

under all applicable air quality control laws and rules.

"Net emissions increase" means:

(A) with respect to any regulated NSR pollutant emitted by a major stationary source, the

amount by which the sum of the following exceeds zero:

(i) the increase in emissions from a particular physical change or change in the method

of operation at a stationary source as calculated pursuant to OAC 252: lOO-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 detennined 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.

11
(C) An increase or decrease in actual emissions is creditable only if:

(i) it is contemporaneous; and

(ii) the Director has not relied on it in issuing a permit for the source under OAC 252: 100-8, Part

7, which permit is in effect when the increase in actual emissions from the particular change

occurs.

(D) An increase or decrease in actual emissions of sulfur dioxide, particulate matter, or

nitrogen oxides that occurs before the applicable minor source baseline date is creditable

only if it is required to be considered in calculating the amount of maximum allowable

increases remaining available.

(E) An increase in actual emissions is creditable only to the extent that the new level of

actual emissions exceeds the old level.

(F) A decrease in actual emissions is creditable only to the extent that it meets all the

conditions in (F)(i) through (iii) of this definition.

(i) It is creditable if the old level of actual emissions or the old level of allowable

emissions, whichever is lower, exceeds the new level of actual emissions.

(ii) It is creditable if it is enforceable as a practical matter at and after the time that actual

construction on the particular change begins.

(iii) It is creditable if it has approximately the same qualitative significance for public

health and welfare as that attributed to the increase from the particular change.

(G) An increase that results from a physical change at a source occurs when the emissions

unit on which construction occurred becomes operational and begins to emit a particular

pollutant. Any replacement unit that requires shakedown becomes operational only after a

reasonable shakedown period, not to exceed 180 days.

(H) Paragraph (A) of the definition of "actual emissions" shall not apply for determining

creditable increases and decreases.

"Potential to emit" means the maximum capacity of a stationary source to emit a pollutant

under its physical and operational design. Any physical or operational limitation on the capacity of

the source to emit a pollutant, including air pollution control equipment and restrictions on hours of

operation or on the type or amount of material combusted, stored or processed, shall be treated as

part of its design if the limitation or the effect it would have on emissions is enforceable. Secondary

emissions do not count in determining the potential to emit of a stationary source.

"Predictive emissions monitoring system" or "PEMS" means all of the equipment necessary

to monitor process and control device operational parameters (for example, control device secondary

voltages and electric currents) and other information (for example, gas flow rate, 02' or CO2

concentrations), and calculate and record the mass emissions rate (for example, lb/hr) on a

continuous basis.

"Prevention of Significant Deterioration (PSD) program" means a major source

preconstruction permit program that has been approved by the Administrator and incorporated into

the plan to implement the requirements of 40 CFR 51.166, or the program in 40 CFR 52.21. Any

permit issued under such a program is a major NSR permit.

"Project" means a physical change in, or change in method of operation of, an existing major

stationary source.

"Projected actual emissions" means

(A) Projected actual emissions means the maximum annual rate, in TPY, at which an

existing emissions unit is projected to emit a regulated NSR pollutant in anyone of the 5

years (l2-month period) following the date the unit resumes regular operation after the

project, or in anyone 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 ofthe 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 ofthe 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

12
activity and the company's highest projections of business activity, the company's filings

with the State or Federal regulatory authorities, and compliance plans underthe approved

plan; and

(ii) shall include fugitive emissions to the extent quantifiable and emissions associated

with start-ups, shutdowns, and malfunctions; and

(iii) shall exclude, in calculating any increase in emissions that results from the

particular project, that portion of the unit's emissions following the project that an

existing unit could have accommodated during the consecutive 24-month period used to

establish the baseline actual emissions and that are also unrelated to the particular

project, including any increased utilization due to product demand growth; or,

(iv) in lieu of using the method set out in (B)(i) through (iii) ofthis definition, may elect

to use the emissions unit's potential to emit, in TPY.

"Reactivation of a very clean coal-fired electric utility steam generating unit" means any

physical change or change in the method of operation associated with the commencement of

commercial operations by a coal-fired utility unit after a period of discontinued operation where the

unit

(A) has not been in operation for the two-year period prior to the enactment of the Clean Air

Act Amendments of 1990, and the emissions from such unit continue to be carried in the

Department's emissions inventory at the time of enactment;

(B) was equipped prior to shutdown with a continuous system of emissions control that

achieves a removal efficiency for sulfur dioxide ofno less than 85% and a removal efficiency

for particulates of no less than 98%;

(C) is equipped with 10w-NOx burners prior to the time of commencement of operations

following reactivation; and

(D) is otherwise in compliance with the requirements of the Act.

"Regulated NSR pollutant" means

(A) A regulated NSR pollutant is;

(i) any pollutant for which a NAAQS has been promulgated and any pollutant identified

under (A)(il ofthis definition as aconstitaent~ 01 plcems(')Is fOI sud} pollutwlLS identified

by the Administtatol (c.g., 'IDe and ~(O* Me f'feettfS8fS fef 8~8fJ:e~; constituent or

precursor to such pollutant. Precursors identified by the Administrator for pw:poses of

NSR are the following;

(l) volatile organic compounds and nitrogen oxides are precursors to ozone in all

attainment and unclassifiable areas.

(II) sulfur dioxide is a precursor to PM,.5 in all attainment and unclassifiable areas.

(III) nitrogen oxides are presumed to be precursors to PM,., in all attainment and

unclassifiable areas. unless the State demonstrates to the EPA Administrator's

satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in

a specific area are not a significant contributor to that area's ambient PM,.5

concentrations.

(IV) volatile organic compounds are presumed not to be precursors to PM, 5in 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 PM,., concentrations.

(ii) any pollutant that is subject to any standard promulgated under section 111 of the

Act;

(iii) any Class I or II substance subject to a standard promulgated under or established

by title VI of the Act; or

(iv) any pollutant that otherwise is :':subject to regulation:,: under the Act: as defined in

the definition of "subject to regulation" in OAC 252;100-8-31;

(v) PM emissions. PM" emissions. and PMIQ emissions shall include gaseous emissions

from a source or activity which condense to form particulate matter at ambient

temperatures. Such condensable particulate mattershall be accounted for in applicability

13
determinations and in establishing emissions limitations for PM, PM, 5, and PMJO in PSD

permits,

(B) Regulated NSR pollutant does not include:

(i) any or all HAP either listed in section 112 ofthe Act or added to the list pursuant to

section 112(b)(2) ofthe Act, which have not been delisted pursuant to section 112(b)(3)

of the Act, unless the listed HAP is also regulated as a constituent or precursor of a

general pollutant listed under section 108 of the Act; or

(ii) any pollutant that is regulated under section 112(r) of the Act, provided that such

pollutant is not otherwise regulated under the Act.

"Replacement unit" means an emissions unit for which all the criteria listed in paragraphs (A)

through (D) of this definition are met. No creditable emission reduction shall be generated from

shutting down the existing emissions unit that is replaced,

(A) The emissions unit is a reconstructed unit within the meaning of 40 CFR 60,15(b)(I),

or the emissions unit completely takes the place of an existing emissions unit.

(B) The emissions unit is identical to or functionally equivalent to the replaced emissions

unit.

(C) The replacement unit does not alter the basic design parameter(s) of the process unit.

(D) The replaced emissions unit is permanently removed from the major stationary source,

otherwise permanently disabled, or permanently barred from operating by a permit that is

enforceable as a practical matter. If the replaced emissions unit is brought back into

operation, it shall constitute a new emissions unit.

"Repowering" means

(A) Repowering shall mean the replacement of an existing coal-fired boiler with one of the

following clean coal technologies: atmospheric or pressurized fluidized bed combustion,

integrated gasification combined cycle, magnetohydrodynamics, direct and indirect coal-fired

turbines, integrated gasification fuel cells, or as determined by the Administrator, in

consultation with the Secretary ofEnergy, 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 oftechnology 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 I, 1991, by the Department of

Energy,

(C) The Director shall give expedited consideration to permit applications for any source

that satisfies the requirements of this definition and is granted an extension under section 409

of the Act.

"Significant" means:

(A) In reference to a net emissions increase or the potential of a source to emit any of the

following pollutants, significlInlmclIIls a rate of emissions that would equal or exceed any

of the following significant emission rates:

(i) carbon monoxide: 100TPY,

(ii) nitrogen oxides: 40 TPY,

(iii) sulfur dioxide: 40 TPY,

(iv)p~rticulate matter: 25 TPY ofparticulate matter emissions or 15 TPY of PM 10 PMJO

emISSIOns,

(v) PM,,,: 10 TPY of direct PM,,, emissions: 40 TPY ofsulfur dioxide emissions; or 40

TPY of nitrogen oxide emissions unless demonstrated not to be a PM,,5 precursor under

the definition of "regulated NSR pollutant",

M(vi) ozone: 40 TPY of VOC or NOx,

f'ri7(vii) lead: 0,6 TPY,

triiID::ili} fluorides: 3 TPY,

friii7(ix) sulfuric acid mist: 7 TPY,

fIx1ru hydrogen sulfide (H,S): 10 TPY,

14
WM total reduced sulfur (including H2S): 10 TPY,

fri}(xii) reduced sulfur compounds (including H2S): 10 TPY,

~(xiii) municipal waste combustor organics (measured as total tetra-through octachlorinated dibenzo-p-dioxins and dibenzofurans): 3.5 x 1O·6TPY,

friiiJ(xiv) municipal waste combustor metals (measured as particulate matter): 15 TPY,

~(xv) municipal waste combustor acid gases (measured as sulfur dioxide and

hydrogen chloride): 40 TPY,

~(xvi) municipal solid waste landfill emissions (measured as nonmethane organic

compounds): 50 TPY.

(B) ~.otwithManding (A) of this definition, "significttlltll rneans 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 flglm3 (24-hour average).

"Significant emissions increase" means, for a regulated NSR pollutant, an increase in

emissions that is significant for that pollutant.

"Significant net emissionsincrease" means a significant emissions increase and a net increase.

"Stationary source" means any building, structure, facility or installation which emits or may

emit a regulated NSR pollutant.

"Subject to regulation" means, for any air pollutant. that the pollutant is subject to either a

provision in the federal Clean Air Act, or a nationally-applicable regulation codified by the EPA

Administrator in subchapter C of Chapter I of 40 CPR, that requires actual control of the quantity

of emissions ofthat 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 (GHGl shall not be subject to regulation except as provided in CD)

through (E) ofthis definition.

(8) For purposes of (C) through (E) of this definition, the term TPY CO2 equivalent

emissions (CO,e) shall represent an amount of GHG emitted, and shall be computed as

follows:

(i) Multiplying the mass amount of emissions (in TPY), for each ofthe six greenhouse

gases in the pollutant GHG, by the gas' associated global warming potential (GWP)

published in Table A-I to subpart A of 40 CPR Part 98 - Global Warming Potentials.

(ii) Summing the resultant value from (B)(i) of this definition for each gas to compute

aTPYCn,~

(C) The term emissions increase as used in CD) through (E) ofthis definition shall mean that

both a significant emissions increase (as calculated using the procedures in OAC 252: 100-8-

30(b)(\) through (5)) and a significant net emissions increase (as defined in the definitions

of "net emissions increase" and "significant" in 252: 100-8-3\) occur. For the pollutant

GHG, an emissions increase shall be based on TPY C02e, and shall be calculated assuming

the pollutant GHG is a regulated NSR pollutant. and "significant" is defined as 75,000 TPY

C02e 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 CO:&

or more; or

(ii) The stationary source is an existing major stationary source for a regulated NSR

pollutant that is not GHG, and also will have an emissions increase of a regulated NSR

pollutant. and an emissions increase of 75.000 TPY C02e or more.

(E) Beginning July 1. 2011. in addition to the provisions in (D) of this definition, the

pollutant GHG shall also be subject to regulation:

(i) At a new stationary source that will emit or have the potential to emit 100,000 TPY

C02e; or

15
(ij) At an existing stationary source that emits or has the potential to emit 100.000 TPY

CO,e. when such stationary source undertakes a physical change or change in the method

of operation that will result in an emissions increase of 75.000 TPY CO,e or more.

(F) If federal legislation or a federal court stays. invalidates. delays the effective date. or

otherwise renders unenforceable by the EPA. in whole or in part. the EPA's tailoring rule 05

FR 31514.June3. 2010). endangermentfinding 04 FR66496. December 15. 2009). orlightduty vehicle greenhouse gas emission standard 05 FR 25686. May 7.2010). this definition

shall be enforceable only to the extent that it is enforceable by the EPA.

"Temporary clean coal technology demonstration project" means a clean coal technology

demonstration project that is operated for a period of 5 years or less, and which complies with the

Oklahoma Air Pollution Control Rules in OAC 252: 100 and other requirements necessary to attain

and/or maintain the NAAQS during and after the project is tenninated.

252:100-8-33. Exemptions

(a) Exemptions from the requirements of OAC 252:100-8-34 through 252:100-8-36.2.

(I) The requirements ofOAC 252: 100-8-34 through 252:100-8-36.2 do not apply to a particular

major stationary source or major modification if the source or modification is:

(A) a nonprofit health or nonprofit educational institution; or

(B) major only if fugitive emissions, to the extent quantifiable, are included in calculating

the potential to emit and such source is not one of the categories listed in paragraph (C) of

the definition of "Major stationary source"; or

(C) a portable stationary source which has previously received a pennit under the

requirements contained in OAC 252:100-8-34 through 252:100-8-36.2 and proposes to

relocate to a temporary new location from which its emissions would not impact a Class 1

area or an area where an applicable increment is known to be violated.

(2) The requirements in OAC 252:100-8-34 through 252:100-8-36.2 do not apply to a major

stationary source or major modification with respect to a particular pollutant if the owner or

operator demonstrates that the source or modification is located in an area designated as

nonattainment for that pollutant under section 107 of the Act.

(b) Exemption from air quality impact analyses in OAC 252:100-8-35(a) and (c) and 252:100-

8-35.2.

(I) The requirements ofOAC 252:100-8-35(a) and (c) and 252:100-8-35.2 are not applicable

with respect to a particular pollutant, if the allowable emissions of that pollutant from a new

source, or the net emissions increase of that pollutant from a modification, would be temporary

and impact no Class I area and no area where an applicable increment is known to be violated.

(2) The requirements ofOAC 252:100-8-35(a) and (c) and 252:100-8-35.2 as they relate to any

PSD increment for a Class II area do not apply to a modification of a majorstationary 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 ofBACT, would be less than 50 TPY.

(c) Exemption from air quality analysis requirements in OAC 252:100-8-35(c).

(1) The monitoring requirements of OAC 252: 100-8-35(c) regarding air quality analysis are not

applicable for a particular pollutant if the emission increase of the pollutant from a proposed

majorstationary 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 amomlts significant

monitoring concentrations (SMC):

(A) Carbon monoxide - 575 Ilglm3, 8-hour average,

(B) Nitrogen dioxide - 14 Ilglm3, annual average,

(C) PM25 - 4 uglm3. 24-hour average. . 3 tetfill Particulate matter PMIO - 10 Ilglm, TSP OI PM-lO, 24-hour average,

tBJilll Sulfur dioxide -13 Ilglm3, 24-hour average,

fE}(fl 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,

fA(G) Lead - 0.lllglm3, 24-hour 3-month average,

16
f61(H) Fluorides - 0.25 fIg/m3

, 24-hour average,

tH}ill Total reduced sulfur - 10 fIsJm3

, I-hour average,

fflill Hydrogen sulfide - 0.2 fIg/m , I-hour average, or

fflf.!:S} Reduced sulfur compounds - IOfIg/m3

, I-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)(I).

(d) Exemption from monitoring requirements in OAC 252:100-8-35(c)(I)(B) and (D).

(I) The requirements for air quality monitoring in OAC 252: I00-8-35(c)(l)(B) and (D) shall not

apply to a particularsource or modification that was subject to 40 CFR 52.21 as in effect on June

19, 1978, if a permit application was submitted on or before June 8, 1981, and the Director

subsequently determined that the application was complete except for the requirements in OAC

252:100-8-35(c)(l)(B) and (D). Instead, the requirements in 40 CFR 52.21(m)(2) as in effect on

June 19, 1978, shall apply to any such source or modification.

(2) The requirements for air quality monitoring in OAC 252: 100-8-35(c)(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).

(e) Exemption from the preapplication analysis required by OAC 252:100-8-35(c)(I)(A), (B),

and (D).

(l) The Director shall determine if the requirements for air quality monitoring of PM-18 PMIO

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 I, 1988, and

the 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-18 PMIO in OAC 252: 100-8-

35(c)(l)(B)(i), 252:100-8-35(c)(l)(D), and 252:100-8-35(c)(3) shall appfyto a particularsource

or modification if an application for a permit was submitted after June I, 1988, and no later than

December 1, 1988. The data shall have been gathered over at least the period from February I,

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.

(f) Exemption from BACT requirements and air quality analyses requirements. If a complete

permit application for a source or modification was submitted before August 7, 1980 the

requirements for BACT in OAC 252: 100-8-34 and the requirements for air quality analyses in OAC

252:100-8-35(c)(l) 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 G) and (n) as in effect on June 19, 1978, are applicable to any such source or modification.

(g) Exemption from SAC 252.199-8-35(3)(2) OAC 252:100-8-35(a)(1)(8). The permitting

requirements of SAC 2:52:.188 8-35(a)(2:) OAC 252: 100-8-35(a)(1)(8) do not apply to a stationary

source or modification with respect to any PSD increment for nitrogen oxides if the owner or

operator ofthe source or modification submitted a complete application for a permit before February

8, 1988.

252:100-8-35. Air quality impact evaluation

(a) Source impact analysis (impact on NAAQS and PSD increment). The OVinerlll operatlll of

the proposed SOUle, 01 IlwdificatioIlshall dCIllOIlstratc that, as oCtile surnee's statt-up date, allowable

eUlissions inClcase £10111 that SotllCe m: rllodifieation, in eonjtmeti('Jll with all other applicable

Ciltissions increases 01 reductions (includiItg sccondmj CInissioIlS) would not cause 01 contribute to

any increase in antbicnt eOllcenttations that would exceed.

(I) Required demonstration. The owner or operator of the proposed source or modification

17
shall demonstrate that, as of the source's start-up date, allowable emissions increases from that

source ormodification, 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:

ffl(fJ any NAAQS in any air quality control region; or

fflilll the remaining available PSD increment for the specified air contaminants in any area

as determined by the Director.

(2) Significant impact levels CSILs). For purposes of PM2 " the demonstration required in

OAC 252: 100-8-35Ca)(l) 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 CSlLs).

CA) The SlLs for PM2.5 annual averaging time are 0.06 uglm3 for a Class I Area, 0.3 ug/m3

for a Class II Area, and 0.3 uglm3 for a Class III Area.

CB) The SILs for PM2., 24-hour averaging time are 0.07 uglm3 for a Class I Area, 1.2 uglm3

for a Class II Area. and 1.2 uglm' for a Class III Area.

(b) Air quality models.

(1) All estimates of ambient concentrations required under this Part shall be based on the

applicable air quality models, data bases, and other requirements specified in appendix W of 40

CFR 51 (Guideline on Air Quality Models) as it existed on January 2,2006.

(2) Where an air quality model specified in appendix W of40 CFR 51 (Guideline on Air Quality

Models) as it existed on January 2, 2006, is inappropriate, the model may be modified or another

model substituted, as approved by the Administrator. Such a modification or substitution of a

model may be made on a case-by-case basis or, where appropriate, on a generic basis. Modified

or substitute models shall be submitted to the Administrator with written concurrence of the

Director. In addition, use of a modified or substituted model must be subject to notice and

opportunity for public comment under procedures set forth in Sec. 51.102 as it existed on

January 2,2006.

(c) Air quality analysis.

(1) Preapplication analysis.

(A) Ambient air quality analysis. Any application for a permit under this Part shall

contain, as the Director determines appropriate, an analysis of ambient air quality in the area

that the major stationary source or major modification would affect for each ofthe 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

PM-lO PMIO under OAC 252: 100-8-33(e)(1) and (2), the owner or operator ofthe source or

modification shall use a monitoring method approved by the Director and shall estimate the

ambient concentrations ofPM-lO PM10 using the data collected by such approved monitoring

method in accordance with estimating procedures approved by the Director.

(D) Monitoring period. In general, the required continuous air monitoring data shall have

been gathered over a period of up to one year and shall represent the year preceding

submission of the application. Ambient monitoring data gathered over a period shorter than

one year (but no less than four months) orfor a time period other than immediately preceding

18
the application may be acceptable if such data are determined by the Director to be within

the time period that maximum pollutant concentrations would occur, and to be complete and

adequate for determining whether the source or modification will cause or contribute to a

violation of any applicable NAAQS or consume more than the remaining available PSD

increment.

(E) Monitoring period exceptions.

(i) Exceptions for applications that became effective between June 8, 1981, and

February 9, 1982. For any application which became complete except for the

monitoring requirements ofOAC 252: 100-8-35(c)(l)(B)(ii) and 252: 100-8-35(c)(1)(D),

between June 8, 1981, and February 9, 1982, the data that 252:100-8-35(c)(I)(B)(ii)

requires shall have been gathered over the period from February 9, 1981, to the date the

application became otherwise complete, except that:

(1) Ifthe source or modification would have been major for that pollutant under 40

CFR 52.21 as in effect on June 19, 1978, any monitoring data shall have been

gathered over the period required by those regulations.

(II) If the Director determines that a complete and adequate analysis can be

accomplished with monitoring data over a shorter period, not to be less than four

months, the data that OAC 252:100-8-35(c)(l)(B)(ii) requires shall have been

gathered over that shorter period.

(III) If the monitoring data would relate exclusively to ozone and would not have

been required under 40 CFR 52.21 as in effect on June 19, 1978, the Director may

waive the otherwise applicable requirements ofOAC 252: 100-8-35(c)(1 )(E)(i) to the

extent that the applicant shows that the monitoring data would be unrepresentative

of air quality over a full year.

(ii) Monitoring period exception for PM-Ie PMlO' For any application that became

complete, exceptfor the requirements ofOAC 252: 100-8-35(c)(1)(B)(ii) and 252: 100-8-

35(c)(1)(D) pertaining to monitoring of PM-lO PMIO, after December I, 1988, and no

later than August I, 1989, the data that 252: 100-8-35(c)(1)(B)(ii) requires shall have been

gathered over at least the period from August I, 1988, to the date the application becomes

otherwise complete, except that if the Director determines that a complete and adequate

analysis can be accomplished with monitoring data over a shorter period (not less than

4 months), the data that 252: 100-8-35(c)(1 )(B)(ii) requires shall have been gathered over

that shorter period.

(F) Ozone post-approval monitoring. The owner or operator of a proposed major

stationary source or major modification of VOC who satisfies all conditions of OAC

252:100-8-54 and 40 CFR 51, Appendix S, Section IV as it existed on January 16,1979, may

provide post-approval monitoring data for ozone in lieu of providing preconstruction data

as required under OAC 252: 100-8-35(c)(1).

(2) Post-construction monitoring. The owner or operator of a new major stationary source or

major modification shall conduct, after construction, such ambient monitoring and visibility

monitoring as the Director determines is necessary to determine the effect its emissions may

have, or are having, on air quality in any area.

(3) Operation ofmonitoring stations. The operation of monitoring stations for any air quality

monitoring required under this Part shall meet the requirements of 40 CFR 58 Appendix B as

it existed January 2, 2006.

PART 9. MAJOR SOURCES AFFECTING NONATTAINMENT AREAS

252:100-8-50.1. Incorporation by reference

(a) Inclusion of CFR citations and definitions. When a provision of Title 40 of the Code of

Federal Regulations (40 CFR) is incorporated by reference, all citations contained therein are also

incorporated by reference.

(b) Terminology related to 40 CFR. When these terms are used in rules incorporated by reference

19
from 40 CFR, the following terms or definitions shall apply.

(I) "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 ofEnvironmental 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.

f6t-f1} "Reviewing authority" is synonymous with "Director".

eTm "Secondary emissions" is synonymous with the definition of "secondary emissions" in

OAC 252: 100-8-1.1.

tB1f22 "State implementation plan" is synonymous with OAC 252: 100.

fflilill "Volatile organic compound (VOC)" is synonymous with the definition of "volatile

organic compound" or "VOC" in OAC 252:100-1-3.

252:100-8-51. Definitions

The definitions in 40 CFR 51.165(a)(I) are hereby incorporated by reference as they exist on-fuly

2,2007 July 1. 2010, exceptfor 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) "regulatedNSR pollutant": (xxxviii) "reviewing authority"; (viii) "secondary

emissions"; (xlvi) "total capital investment"; and (xix) "volatile organic compound (VOC)". With

the exception of "reviewing authority", "fixed capital cost", "functionally equivalent component",

"process unit", and "total capital investment", these terms are defined in OAC 252:100-8-31,

252: 100-8-51, or 252: 100-1-3. The following words and terms, when used in this Part, shall have

the following meaning, unless the context clearly indicates otherwise.

"Major modification" means:

(A) Any physical change in, or change in the method of operation of, a major stationary

source that would result in a significant emissions increase of a regulated NSR pollutant and

a significant net emissions increase of that pollutant from the major stationary source is a

major modification.

(i) Any significant emissions increase from any emissions unit or net emissions increase

at a major stationary source that is significant for VOC and/or oxides of nitrogen (NOx)

shall be considered significant for ozone.

(ii) A physical change or change in the method of operation shall not include:

(1) 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;

(Ill) use of an alternative fuel by reason of an order or rule under section 125 of the

Act;

(IV) use of an alternative fuel at a steam generating unit to the extent that the fuel is

generated from municipal solid waste;

(V) use of an alternative fuel or raw material by a source which the source was

capable of accommodating before December 21,1976, unless such change would be

prohibited under any federally enforceable permit condition which was established

after December 21, 1976, or the source is approved to use under any permit issued

under 40 CFR 52.21 or OAC 252: 100-7 or 8;

20
(VI) an increase in the hours of operation or in the production rate unless such change

would be prohibited under any federally enforceable permit condition which was

established after December 21, 1976;

(VII) any change in source ownership;

(VIII) the installation, operation, cessation, or removal of a temporary clean coal

technology demonstration project, provided that the project complies with OAC

252: 100 and other requirements necessary to attain and maintain the NAAQS during

the project and after it is terminated.

(B) This definition shall not apply with respect to a particular regulated NSR pollutant when

the majorstationary source is complying with the requirements underOAC 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 ofOAC 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 1of the Act, any significant net emissions increase of NOx is considered significant

for ozone.

(D) Any physical change in, or change in the method of operation of, a major stationary

source of VOCs that results in any increase in emissions of VOCs from any discrete

operation, emissions unit, or other pollutant emitting activity at the source shall be

considered a significant net emissions increase and a major modification for ozone, if the

major stationary source is located in an extreme ozone nonattainment area that is subject to

subpart 2, part D, title I of the Act.

"Net emissions increase" means:

(A) With respect to any regulated NSR pollutant emitted by a major stationary source, net

emissions increase shall mean the amount by which the sum of the following exceeds zero:

(i) the increase in emissions from a particular physical change or change in the method

of operation at a stationary source as calculated pursuant to OAC 252: 100-8-50(b); and,

(ii) any other increases and decreases in actual emissions at the major stationary source

that are contemporaneous with the particular change and are otherwise creditable.

Baseline actual emissions for calculating increases and decreases under (A)(ii) of this

definition shall be determined as provided in the definition of "baseline actual

emissions", except that (B)(iii) and (C)(iv) of that definition shall not apply.

(B) An increase or decrease in actual emissions is contemporaneous with the increase from

the particular change only if it occurs within 3 years before the date that the increase from

the particular change occurs.

(C) An increase or decrease in actual emissions is creditable only if:

(i) it is contemporaneous; and

(ii) the Director has not relied on it in issuing a permit under OAC 252: 100-8, Part 9,

which permit is in effect when the increase in actual emissionsfrom the particular change

occurs.

(D) An increase in actual emissions is creditable only to the extent that the new level of

actual emissions exceeds the old level.

(E) A decrease in actual emissions is creditable only to the extent that:

(i) the old level of actual emissions or the old level of allowable emissions, whichever

is lower, exceeds the new level of actual emissions;

(ii) it is enforceable as a practical matter at and after the time that actual construction on

the particular change begins;

(iii) the Director has not relied on it in issuing any permit under OAC 252: 100; and,

(iv) it has approximately the same qualitative significance for public health and welfare

as that attributed to the increase from the particular change.

(F) An increase that results from a physical change at a source occurs when the emission unit

on which construction occurred becomes operational and begins to emit a particular

pollutant. Any replacement unit that requires shakedown becomes operational after a

reasonable shakedown period, not to exceed 180 days.

21
(G) Paragraph 40 CFR 51.165(a)(l)(xii)(B) of the definition of "actual emissions" shall not

apply for determining creditable increases and decreases or after a change.

"Regulated NSR pollutant" for purposes of this Part. means any or all of the following:

(A) Nitrogen oxides or volatile organic compounds:

(B) Any pollutant for which a NAAOS has been promulgated:

(C) Any pollutant that is identified under this paragraph as a constituent or precursor of a

general pollutant listed under paragraph (A) or (B) of this definition. provided that such

constituent or precursor pollutant may only be regulated under NSR as part ofregulation of

the general pollutant. Precursors identified by the Administratorfor 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 PM,., in all PM,., nonattainment areas.

(iii) Nitrogen oxides are presumed to be precursors to PM,., in all PM'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 PM,.5 concentrations.

Civ) Volatile organic compounds and ammonia are presumed not to be precursors to

PM,.5 in any PM,., 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 PM,., concentrations. or

(D) PM" emissions and PM,o 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 PM,.5 and PMIO in nonattainment major NSR permits.

252:100-8-51.1. Emissions reductions and offsets

(a) The requirements in 40 CPR 51.165(a)(3) regarding emissions reductions and offsets are hereby

incorporated by reference as they exist on July 2. 2007.

(b) P'fceting the CI1tissious offset rcqttitctucnls in subsection OAC 252.100-8-51.1«\) fOI ozone

Ilonattaiu1liCilt alcas that arc sttbjcct to subpart 2, parL D, title I ofthe Act shall be in accordance with

the rcqttitcrI1cnls ill 40 CPR 51.165(3)(9) which is hereby incorpenated by reference as it exists all

Itt!) 2.2887. The requirements in subsection 40 CPR 51.165(a) (9) dealing with offset ratios are

hereby incorporated by reference as they exist on July 1. 2010.

(c) The requirements in 40 CPR 51.165(a)(II) regarding emission offsets are hereby incorporated

by reference as they exist on July I, 2011.

252:100-8-52. Applicability determination for sources in attainment areas causing or

contributing to NAAQS violation

(a) The requirements in 40 CPR 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 101) 2, 2887 December 20,2010,

(b) Sources of VOC located outside a designated ozone nonattainment area will be presumed to

have no significant impact on the designated nonattainment area, If ambient monitoring indicates

that the area of source location is in fact nonattainment, then the source may be granted its permit

since the area has not yet been designated nonattainment.

(c) Sources locating in an attainment area but impacting on a nonattainment area above the

significant levels listed in OAC 252: 100-8-52(a) are exempted from the condition ofOAC 252: 100-

8-54(4)(A).

(d) The determination whether a source or modification will cause or contribute to a violation of an

applicable ambient air quality standard for sulfur dioxide, particulate matter or carbon monoxide will

be made on a case-by-case basis as of the proposed new source's start-up date by an atmospheric

simulation model. For sources of nitrogen oxides the model can be used for an initial determination

22
assuming all the nitric oxide emitted is oxidized to nitrogen dioxide by the time the plume reaches

ground level, and the initial concentration estimates will be adjusted if adequate data are available

to account for the expected oxidation rate.

(e) The determination as to whether a source would cause or contribute to a violation of applicable

ambient air quality standards will be made on a case-by-case basis as of the new source's start-up

date. Therefore, if a designated nonattainment area is projected to be attainment as part of the state

implementation plan control strategy by the new source start-up date, offsets would not be required

if the new source would not cause a new violation.

23
________ Notices ofRulemaking Intent

Priorto adoption and gubematorialJlegislative review of a proposed PERMANENT rulemaking.action, an agency ro.u..a1 pUblish

a Notice of Rulemaking Intent in the Register. In addition, an agency ~publish a Notice ofRulemaking Intent in the Registerprior to

adoption ofa proposed EMERGENC)' or PREEMPTIVE ru lema king action.

A Notice of Rulemaking Intent announces a comment period, or a comment period and pUblic hearing, and provi~es other

information about the intended rulemaklng action as required by law, including where copies of proposed rules may be obtained.

ForedditionelinformeUon on Notices ofRu/emaking Intent, see 75 O.S., Section 303.

TITLE 252. DEPARTMENT OF

ENVIRONMENTAL QUALITY

CHAPTER 100. AIR POLLUTION CONTROL

[OAR Docket #IO-1316]

RULEMAKING ACTION:

Notice ofproposed PERMANENT rulemaking

PROPOSED RULES:

Subchapter I. General Provisions

252:100-1-3. Definitions [AMENDED]

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

[AMENDED]

Subchapter 2. Incorporation By Reference

252:100-2.1. Purpose [AMENDED]

252:100-2-3. Referenee te Title 49, Cede of Fede..1

Rilgalations (1 9 CPR) Incor.poration by reference

[AMENDED]

Subchapter 3. Air Quality Standards and Increments

252: I00-3-4. Significant deterioration increments

[AMENDED]

Subchapter 5. Registration, Emission Inventory Bnd Annual

Operating Fees

252: 100-5-2.3. Annual operating tees fur toxics emissions

[NEW]

Subchapter 7. Pennits for Minor Facilities

Part 1. General Provisions

252:100-7-2.1. Minor permits for greenhouse gas (GHG)

emitting facilities [NEW]

Part 2. Permit Application Fees

252: I00-7-3. Permit application fees [AMENDED]

Subchapter 8. Permits for Part 70 Sources

Part 3. Permit Application Fees

252: 100-8-J.7. Permit application fees [AMENDED]

Part 5. Permitsfor Part 70 Sources

252: 100-8-2. Definitions [AMENDED]

Part 7. Prevention of Significant Deterioration (PSD)

Requirementsfor Attainment Areas

252:100-8-31. Definitions [AMENDED]

252: I00-8-33. Exemptions [AMENDED]

252:100-8-35. Air quality impact evaluation [AMENDED]

Part 9. Major Sources Affecting NonattainmentAreas

252:100-8-50.1. Incorporation by reference [AMENDED]

252:100-8-51. Definitions [AMENDED]

252:100-8-51.1. Emissions reductions and offsets

[AMENDED]

252:100-8-52. Applicability determination for sources

in attainment areas causing or contributing to NAAQS

violation [AMENDED]

Appendix A. Allowable Particulate Matter Emission Rate

for Incinerators [REVOKED]

Appendix A. Allowable Particulate Matter Emission Rate

for Incineretors [NEW]

Appendix E. Primary Ambient Air Quality Standards

[REVOKED]

Appendix E. Primary Ambient Air Quality Standards

[NEW]

Appendix Q. Incorporation By Reference [REVOKED]

Appendix Q.lncorporation By Reference [NEW]

SUMMARY:

The Department is proposing to modify Subchapters 7

and 8 to ensure that State rules affected by recent changes to

the U.S. Environmental Protection Agency's (EPA's) policies

and programs for greenhouse gas (GHG) emissions are

not perceived to be more stringent than the corresponding

federal requirements. GHG, an aggregate group of six gases

(carbon dioxide, nitrous oxide, methane, hydrofluorocarbons,

perfiuorocarbons. and sulfur hexafluoride), will become

subject to regulation as an air pollutant on January 2. 2011,

when the EPA and the U.S. Department ofTransportation joint

light-duty vehicle GHG emission standards become effective.

If GHG emission sources are required to obtain Prevention

of Significant Deterioretion (PSD) and Part 70 permits at the

current applicability thresholds of 100 or 250 tons per year,

the number ofPSD and Part 70 permits would increase to the

point that the Department would be unable to deal with them

in a timely fashion. These requirements could be interpreted

to include agriCUltural, commercial, and residential sources

that have not previously been subject to air quality permitting.

In order to avoid this. EPA promulgated its GHG Tailoring

Rule in the Federal Regis/er on June 3, 20 I0 (75 FR 31514).

EPA's rule defines the tenn "subject to regulation" to establish

thresholds of 100,000 tons per year CO2 equivalent (C02e)

for PSD and Part 70 applicability and a significant level of

75,000 tons per year C02e for PSD. Although the Department

accepts EPA's mechanism for implementing the GHG tailoring

rule's higher GHG thresholds by accepting EPA's definition

of "subject to regulation," the federal modification to the

applicability of these permitting thresholds is not directly

reflected in the Department's current rules. Consequently,

the generel public and many smaller sources not familiar with

the interdependence of State Clean Air Act requirements

and federel Clean Air Act requirements may interpret the

lower PSD and Part 70 applicability thresholds set forth in

Dectmber /j, 20/0 227 Oklahoma Rl!gisler (Volume 18, NJullber 7)
Notices ofRillemaking Intent

the Department's rules to apply to sources emitting lower

levels ofGHG. The proposed modification to_Parts 5 and 7 of

Subchapter 8 of the Air Pollution Control Rules clarifies the

change in pollutants subject to regulation and the applicability

thresholds for GHG based on the GHG Tailoring Rule. This

should prevent smaller sources of GHG from expending

resources in preparing unnecessary permit applications for

GHG emissions. This will also prevent the State rule from

being perceived to be more stringent than the corresponding

federal ruIe.

The Department is also proposing to add a new section

to Subchapter 7 to clarify that GHG is excluded from the

minor facility permitting program except if necessary to

set enforceable limits to keep GHG emission levels at a

fucility below the applicability threshold levels for the PSD

construction permit program and/or the Pan 70 operating

permit program. At this time, EPA does not have a GHG

permitting program for minor facilities.

In conjunction with the proposed changes to SUbchapters

7 and 8 to address the federal Greenhouse Gas Tailoring Rule,

the Department is proposing to modify Subchapter I, General

Provisions, by the addition of the definition of "greenhouse

gas" or "GHG" to OAC 252: I00-1-3. Also, modifications are

proposed to OAC 252: I00-1-4, relating to units, abbreviations,

and acronyms, to correct scriveners' errors that inadvertently

resulted in removal of superscripts and subscripts from the

terms in subsection (a) ofthat Section.

The Department is proposing modifications to Parts 7 and 9

ofSubchapter g to implement the New Source Review program

(PSD and Nonattainment NSR) for the fine particulate matter

(PM",) National Ambient Air Quality Standards (NAAQS)

which were pUblished on July 18, 1997 (62 FR 38652) and

revised on October 17, 2006 (71 FR 61144). In the May J6,

2008 Federal Register (73 FR 28321), EPA finalized the major

source threshold, significant emissions rate, and offset ratios

for PM,." interpollutanttrading for offsets and applicability

ofNSR to PM"s precursors. In the October 20,2010 Federal

Register (75 FR 64864), EPA finalized the PSD increments,

the Significant Impact Levels (SILs), and the Significant

Monitoring Concentration (SMC) for PM,.,. The proposed

rule changes will establish provisions for a major source

threshold, significant emissions rate, offset ratios for PM2.

S

NAAQS, interpollutant trading for offsets, SILs, and SMC that

are consistent with those in the federal regulations set forth in

40 CFR § 51.165 and 40 CFR § 51.166.

The Department also proposes to correct an error in the

definition ofllmajor stational)' source" in OAC 252:100·8·31.

The current definition relating to municipal incinerators is

more stringent than the federal definition set forth in 40 CFR §

51.166(b)(1).

The Department is proposing to modify Subchapter 3,

Air Quality Standards and Increments, by the addition ofthe

annual and 24-hour PM,.s increments to OAC 252:100-3-4,

Significant deterioration -increments. In the October 20,

2010 Federal Register (75 FR 64864), EPA finalized the PSD

increments for PMz.

s.

The Department is proposing to clarify IBnguage in

Subchapter 2. Ineorporation By Reference, and to updC1te

OAC 252: 100, Appendix Q, Incorporation By Reference, to

incorporate the latest changes to EPA regulations. Included

are changes or additions to 40 CFR Part 61, New Source

Performance Standards (NSPS), and Part 63, Nation~1

Emissions Standards for Hazardous Air Pollutants (NESHAP).

The Department is proposing to add a new section OAC

252:100-5-2.3 to Subchapter 5 of the air pollution control

rules that will alter the Air Quality Division's current fee

structure. The new section would allow the agency to

invoice for emissions of hazardous air pollutants, lead, and

lead compounds at a rate different from other regulated

air pollutants and would require area sources subject to a

NESHAP to pay an annual operating fee. In addition, the

Department is considcring an increase ~o permit application

fees for both minor facilities and Part 70 sources by amending

OAC 252:100-7, Part 2 and OAC 252:100-8, Part 3. The

changes are designed to offset iegislative budgetary shortfalls

and cover current and anticipated staffing requirements in

administering the Department's air pollution control programs.

The Department is proposing to amend Appendix A ofOAC

252: I00·17. Incinerators, to correct inaccuracies in Appendix

A.

The Department proposes changing Appendix E to maintain

consistency with the NAAQS. Specifically, the nitrogen

dioxide (NO,) and sulfur dioxide (SO,) primary standards

would be modified to reflect recent changes made by the EPA.

AUTHORITY:

Generally. Environmental Quality Board powers and duties,

27A O.S.§ 2-2-101, and 27A O.S.§ 2-5-106; Air Quality

Advisory Council powers and duties, 27A O.S.§ 2-2-201 and

27A O.S.§ 2-5-107; and Oklahoma Clean Air Act, 27A O.S.§§

2-5-101 through -117, and specifically 27A O.S.§§ 2-5-105

(OAC 252:100, SUbchapters 1,2,3,5,7,8, and Appendices A

and E), -112 (Subchapters 1,2,3,7,8, and 31, and Appendices

A and Q), -113 (Subchapters 5, 7, and 8), and -114 (Subchapter

5 and Appendix Q).

COMMENT PERIOD:

Written comments on the proposed rulemakings will be

accepted prior to and at the hearing on January 19,2011. For

commenlS received at least five (5) business days prior to

the Council meeting, staff will post written responses on the

Department's web page at least one (I) day prior to the Council

meeting. Oral comments may be made at the January 19,2011

hearing and at the February 25, 2011 Environmental Quality

Board meeting.

PUBLIC HEARINGS:

Before the Air Quality Advisory Council at 9;00 a.m. on

Wednesday, January 19,2011, at the DEQ headquarters, 707

N. Robinson, Oklahoma City, Oklahoma.

Before the Environmental Quality Board at 9:30 a.m. on

Friday, February 25, 2011, at the DEQ headquarters, 707 N.

Robinson, Oklahoma City, Oklahoma.

These hearings shall also serve as public hearings to

receive comments on the proposed revisions to the State

Oklahoma Register(Volume 18. Number 7) 228 December 15,2010
Notices ofRulemakin Intent

[OAR Docket #JO-1316;j11ed 11-22-10)

Oklahoma Regis/er(Yo/lime 28. N/lmber 7)

252:10·1·1. Purpose [AMENDED]

252: 11 -1-2. Basis and autl10rity [AMENDEIJI

252:110 1-7. Reference to 40 CFR [REVOKED] • I

Subchap r 5. IncorporatIon by Reference /

252: 11 0- I. Incorporation by reference [AMENDED]

Subchapte 15. Additional Renovatipn, Repair, and

Painting RRP)Requirements [NE~~

252:110-15- . Definitions [NEW]

252: 11 0-15-2 Scope [NEW]

252:110-15-3. pplicable dates

252:110-15-4. raining programs

or agencies EW]

252:110-]5-5. enovator requirements

[NEW]

252:110-] 5-6. Ce 'fication ffirms conducting renovation

services [NEW]

252:110-15-7. Fees

SUMMARY:

The Department is p posing to amend OAC 252:110,

Lead-Based Paint Ma g ment, to add a new Subchapter,

15, Additional Reno atio , Repair, and Painting (RRP)

Requirements. The propo d rule would establish s~ie

requirements that ar. consist t with those established by..the

U.S. Environment Protectio Agency (EPA) in 40 CFRiPart

745 and affect ntractors wh perform renovation, repair,

and painting ojects in hom , child-care faciliti~s, and

schools built b fore 1978. This e revision is essential to the

Department' efforts to obtain EPA: authorization to Jidminister

the Lead-B ed Paint Renovation ogram in Okljihoma The

proposal ould establish fees for ob ining and ¢newing firm

certificafons and other associated s rvices, wJ{ich would be

assesse after EPA has delegated th Depa~ent authority

for th program. This proposed state r Ie is rio more stringent

than e federal rule and would inco 0rte changes to be

consistent with the Department's current les. In addition, the

proposal includes amending OAC 252:1 l' 5. Incorporation by

Reference. to be consistent with the nefsu chapter.

The Department is proposing to . oke ~C 252:110-1-7,

General Provisions, Reference to 0 CF because Ttis a

duplieation of language. already neluded i Subchapter 5,

Incorporation by Reference. It s also prop sing to amend

OAC 252:110-1-1, Purpose, a OAC 252:11 -1-2, Basis of

Authority, to clarify reguJat0o/ anguage.

AUTHORITY: /

Environmental Quality oard and Air Quali Advisory

Council powers and dutie , 27A O.S.§§ 2-2-101 a d 2-2-201;

and Oklahoma Lead-B sed Paint Management c1, 27A

O.S.§§ 2-12-101 and 2- 2-201.

COMMENT PERI

Written comme on the proposed rulemaking ill be

accepted prior to a d at the hearing on January 19,201 . For

comments receiv d at least five (5) business days pr r to

the Council m ing, staff will post written responses 0 the

Departmenrs eb page at least one (l) day prior to the Cou cil

meeting. Or comments may be made atthe January 19,2 11

229

I

TITLE 252. DEP TMENT OF

:ALQUALITY

AD"BASED PAINT

EMENT

RULEMAKING A:. ION:

Noticeofpropos d PERMANENT rulemaking

PROPOSED RU ES:

Subchapter I General Provisions

Implementation Plan (SIP) under the requirements of40 CFR

§ 51.102 and 27A O.S.§ 2-5-107(67(1::), and to the State Title

V (Part 70) Implementation Plan untler the requirements of40

CFR Part 70 and 27A O.S.§ 2-5-107(3).

REQUEST FOR COMMENTS FROM BUSINESS

ENTITIES:

The Department requests that business entities or any other

members of the public affected by these rules provide the

Department, within the comment period, in dollar amounts

if possible, the increase in the level of direct costs such as

fees, and the indirect costs such as reporting, record keeping,

equipment, construction, labor, professional services, revenue

loss, or other costs expected to be incurred byaparticularentity

due to compliance with the proposed rules.

COPIES OF PROPOSED RULES:

The proposed rules are available for review 30 days prior to

the hearing on the DEQ Air Quality Division website at

http://www.deg.state.ok.uslAODnew/councilmtgslindex.htm.

Copies also may be obtained from the Department by calling

the contact penon listed below.

RULE IMPACT STATEMENTS:

The rule impact statements are available for review 30 days

prior to the hearing on the DEQ A ir Quality Division website at

http://ww.w.deg.state.ok.ustAODnewicQuncilmtgs/index.htm.

Copies also may be obtained from the Department by calling

the contact person listed below.

CONTACT PERSON:

The contact person for this proposal is Cheryl E, Bradley,

Environmental Programs Manager, at (405) 702-4100. Please

send written comments on the proposed rule changes to

Ms. Bradley at chery1.bradley@deg.ok.gov. Mail should

be addressed to Department of Environmental Quality, Air

Quality Division, P.O. Box 1677, Oklahoma City, Oklahoma

73101-1677, ATTN: Cheryl E. Bradley. The Air Quality

Division FAX number is (405)702-4101.

PERSONS WITH DISABILITIES:

Should you desire to attend the public hearing but have

a disability and need an accommodation, please notifY

the Air Quality Division three (3) days in advance at

(405)702-4216. For the hearing impaired, the TDD relay

number is 1-800-522-8506 or 1-800-722-0353. for TDD

machine use only.
January 7, 2011

MEMORANDUM

TO: Members ofthe Air Quality Advisory Council

FROM: Eddie Terrill, Director

Air Quality Division

SUBJECT: Proposed Amendments to OAC 252: 100-8, Permits for Part 70 Sources; 252: 100-7,

Permits for Minor Facilities; 252: 100-3, Air Quality Standards and Increments; and

252: 100-1, General Provisions

Enclosed are proposed amendments to Subchapters 1,3, 7, and 8 relating to greenhouse gas (GHG)

emissions; proposed amendments to Subchapters 3 and 8 relating to the PM2.5 NSR implementation;

proposed amendments to Subchapter 1 to correct scriveners' errors; and proposed amendment to

Subchapter 8 to correct an error in the definition of "major stationary source." The Rule Impact

Statements are also enclosed along with a summary of comments and responses.

GHG AMENDMENTS

On January 2,2011, GHG became subject to regulation as an air pollutant under the federal Clean

Air Act. EPA's GHG tailoring rule (75 FR 31514, June 3, 2010) deferred applicability ofthe PSD

and Part 70 (TitleV) permitting programs for a large number ofsmaller GHG sources. The tailoring

rule raised the PSD and Part 70 permit threshold levels from 100 or 250 tons per year (tpy) to

100,000 tpy CO2 equivalent (C02e) for GHG emissions and set a threshold of75,000 tpy C02e of

GHG for PSD modifications. The proposed amendments to Subchapter 8 will clarify the deferral

ofthe applicability ofthe PSD program in Part 7 and the Part 70 program in Part 5. The Department

proposes to make this clarification by adding and amending definitionsin OAC 252: 100-8-2 for Part

70 and in 252: 100-8-31 for PSD to reflect the change in pollutants subject to regulation and the

higher GHG applicability thresholds contained in the GHG tailoring rule.

In conjunction with the proposed GHG amendment to Subchapter 8, the Department is proposing

to modify Part 1 ofSubchapter 7 by the addition ofOAC 252:100-7-2.1, which makes clear that the

State's minor facility permit program does not include GHG emissions unless the owner or operator

of a facility requests that the Department issue a permit with enforceable limits to keep GHG

emission levels at the facility below the applicability threshold levels for the PSD construction

permit and the Part 70 operating permit programs. Federal regulations do not require that minor

sourceprograms apply to GHG. Without the proposed clarifyingmodification, the State's permitting

requirements could be interpreted to apply to industrial, commercial, and residential sources that

emit or have the potential to emit more than 40 tons of GHG per year, which is far more stringent

than the federal permitting programs.

As part ofGHG amendments, the Department proposes to modify OAC 252: 100-1-3 by the addition

of a definition of "greenhouse gas" or "GHG."

1
It should be noted that the amendments to Subchapters 1,7, and 8 regarding GHG do not make any

facility or source subject to GHG regulations, but only ensure that as far as GHG is concemed, the

State's pennitting programs are not perceived to be more stringent than the cOlTesponding federal

programs.

PM,.s AMENDMENTS

The Department proposes to modify Parts 7 and 9 of Subchapter 8 to incorporate EPA's PSD and

Nonattainment NSR implementation rule for the PM'5 National Ambient Air Quality Standards

(NAAQS) which were published in the FederalRegister on July 18,1997 (62 FR38652) and revised

on October 17,2006 (71 FR 61144). Phase I ofthe NSR implementation rule was published in the

May 16, 2008 Federal Register (73 FR 28321) and phase 2 was published in the October 20, 2010

FederalRegister(75 FR64864). The proposed amendments will establish a majorsource threshold,

significant emissions rate, offset ratios, interpollutant trading for offsets, applicability of NSR to

PM,s precursors, Significant Impact Levels (SILs), and a Significant Monitoring Concentration

(SMC) that are consistent with those in the federal regulations set forth in 40 CFR §§ 51.165 and

51.166.

In conjunction with the proposed PM,s amendments to Subchapter 8, the Department proposes to

add the 24-hour and annual PM, 5PSD increments to OAC 252:100-3-4. This is part ofphase 2 of

the implementation ofthe NSR program.

These proposed amendments to Subchapters 3 and 8 will bring the State's PSD and Nonattainment

NSR programs up to date with respect to PM,s and will enable the Department to maintain its

delegated authority for the full NSR program.

OTHER AMENDMENTS

The Department is also proposing to correct scriveners' errors in OAC 252: I00-1-4(a) by restoring

the superscript and subscript formatting and to modify the list ofacronyms in 252: I00-1-4(b) by the

deletion ofthe word "Annotated" in renumbered paragraph (27).

The Department also proposes to correct an error in the definition of "major stationary source" in

OAC 252: I00-8-31 so that the requirementsrelating to municipal incinerators are notmore stringent

than those in the federal definition set forth in 40 CFR § 51.1 66(b)(1).

In addition, the Department is taking this opportunity to make some format changes (e.g., PM-lOis

being changed to PMIO) in the sections that are open for amendment.

Notice of the proposed permanent rule changes was published in the Oklahoma Register on

December 15,2010. The notice requested written comments from the public and other interested

parties.

The proposed GHG, PM'5' and correction amendments to Subchapter 8; the proposed GHG

amendment to Subchapter 7; and the proposed modification to Section 3 of Subchapter I were first

presented to the Air Quality Advisory Council at the October 27,2010 meeting. At that time the

2
Council forwarded the GHG modifications to Subchapter I, Subchapter 7, and Subchapter 8 to the

Environmental Quality Board with a recommendation that they be adopted as emergency rule

changes. The hearings on the permanent GHG amendments to Subchapter 7 and Subchapter 8; phase

I ofthe PM2s implementation;"and the correcting amendments to Subchapter 8 were continued until

the next Council meeting. The Board approved the emergency rule changes at its meeting on

November 16,20 I0, and the amendments became effective on December 27,20 II, when signed by

Governor Henry. The proposed permanent GHG amendments are substantively the same as the

emergency rules except for the addition ofthe proposed revisions to OAC 252:I 00-1-4.

This is the first time the phase 2 PM2., amendments to Subchapters 3 and 8, and the corrections and

additions to Section 4 of Subchapter I have been brought before the Council. However, the State

is required to submit a SIP revision to EPA in 20 II incorporating phase I of the PM2.

s NSR

implementation rule. The Department requests that the phase 2 amendments be promulgated with

the phase I amendments to the NSR program so that they can be forwarded to EPA in the same SIP

submittal. Because the GHG modification and the PM2.5 modification both include changes to the

same section (OAC 252: I00-8-31) and even to the same definition ("Regulated NSR pollutant"), the

GHG and PM2.5 modifications to Subchapter 8 must be processed together or the PM2.

smodification

may be delayed by a year. For these reasons and because the emergency changes to Subchapters I,

7, and 8 will expire in July 2011, Staff intends to request that the proposed GHG, PM2.

s, and

correction amendments to Subchapters 1, 3, 7, and 8 be forwarded to the Environmental Quality

Board with the recommendation that they be adopted as permanent rule changes.

Enclosures: Proposed Amendments to OAC 252:100-8

Proposed Amendments to OAC 252:100-7

Proposed Amendments to OAC 252: I00-3

Proposed Amendments to OAC 252: I00-1

Rule Impact Statements

Summary ofComments and Responses

3
REGULAR MEETING/HEARING AGENDA

AIR QUALITY ADVISORY COUNCIL

January 19, 2011, 9:00 a.m.

DEQ Multipurpose Room

707 North Robinson Avenue

Oklahoma City, OK

1. Call to Order - Laura Lodes, Chair

2. Roll Call - Myrna Bruce

3. Approval of Minutes - October 27, 2010 Regular Meeting

4. Election of Officers - Discussion and action by Council

5. Public Rulemaking Hearings

A. OAC 252:100-5. Registration,Emission Inventory and Annual OperatingFees [AMENDED]

OAC 252:100-7. Permits for Minor Facilities [AMENDED]

OAC 252:100-8. Permits for Part 70 Sources [AMENDED]

The Department is proposing to add a new section OAC 252:100-5-2.3 that would allow the Department

to assess certain area sources ofhazardous air pollutants annual operating fees. In addition, the Department

is proposing increases to permit application fees for both minor facilities and Part 70 sources by amending

OAC 252:100-7, Part 2 and OAC 252: 100-8, Part 3.

1. Presentation - Pat Sullivan, Environmental Programs Specialist, Air Quality Division

2. Questions and discussion by the Council

3. Questions, comments and discussion by the public

4. Discussion and possible action by the Council

B. OAC 252:100-1. General Provisions [AMENDED]

OAC 252:100-3. Air Quality Standards and Increments [AMENDED]

OAC 252:100-7. Permits for Minor Faeilities [AMENDED]

OAC 252:100-8. Permits for Part 70 Sources [AMENDED]

The Department is proposing to modify Subchapters 1,7, and 8 to ensure that State rules affected by recent

changes to EPA's policies and programs for greenhouse gas emissions are not perceived to be more

stringent than the corresponding federal requirements.

Also, the Department is proposing modifications to Subchapter 8 to implement the New Source Review

(NSR) programfor the fine particulatematter (PM2.,) National Ambient Air Quality Standards (NAAQS).

The Department is proposing to modify Subchapter 3, Air Quality Standards and Increments, by the

addition of the annual and 24-hour PM2., increments to OAC 252: 100-3-4, Significant deterioration

increments.

1. Presentation - Dr. Joyce Sheedy, Engineer, Air Quality Division

2. Questions and discussion by the Council
3. Questions, conm1ents and discussion by the public

4. Discussion and possible action by the Council

C. Appendix A. Allowable Particulate Matter Emission Rate for Incinerators [REVOKED]

Appendix A. Allowable Particulate Matter Emission Rate for Incinerators [NEW]

The Department is proposing to amend Appendix A to correct inaccuracies.

I. Presentation - Diana Hinson, EnvirOlill1ental Programs Specialist, Air Quality Division

2. Questions and discussion by the Council

3. Questions, comments and discussion by the public

4. Discussion and possible action by the Council

D. APPENDIX E. Primary Ambient Air Quality Standards [REVOKED]

APPENDIX E. Primary Ambient Air Quality Standards [NEW]

The Department proposes changing Appendix E to maintain consistency with the NAAQS. Specifically,

the nitrogen dioxide (NO,) and sulfur dioxide (SO,) primary standards would be modified to reflect recent

changes made by the EPA.

I. Presentation - Leon Ashford, Environmental Programs Specialist, Air Quality Division

2. Questions and discussion by the Council

3. Questions, comments and discussion by the public

4. Discussion and possible action by the Council

E. OAC 252:100-2. Incorporation By Reference [AMENDED]

Appendix Q. Incorporation By Reference [REVOKED]

Appendix Q. Incorporation By Reference [NEW]

The Department is proposing to update Subchapter 2 to clarify language and Appendix Q, Incorporation

By Reference, to incorporate by reference the latest changes to EPA regulations.

\. Presentation - Nancy Marshment, Environmental Programs Specialist, Air Quality Division

2. Questions and discussion by the Council

3. Questions, comments and discussion by the public

4. Discussion and possible action by the Council

F. OAC 252:110. Lead-Based Paint Management

Subchapter 1. General Provisions [AMENDED]

SUbchapter 5. Incorporation by Reference [AMENDED]

Subchapter 15. Additional Renovation, Repair and Painting (RRP) Requirements [NEW]

The Department is proposing to amend OAC 252: 110, Lead-Based Paint Management, to add a new

Subchapter IS, AdditionalRenovation,Repair, andPainting (RRP)Requirements. The proposed rule would

establish state requirements that are consistent with those established by EPA and affect contractors who

perform renovation, repair, and painting projects in homes, child-care facilities, and schools built before

1978. In addition, the proposal would establish fees to be charged by the Department for RRP firm

certifications and other associated services.

I. Presentation - Trevor Hammons, Attorney, Legal Division

2. Questions and discussion by the Council

3. Questions, comments and discussion by the public

4. Discussion and possible action by the Council

2
6. Division Director's Report - Eddie Terrill

7. New Business - Any matter not known about or which could not have been reasonably foreseen prior to

the time ofposting the agenda.

8. Adjournment -The next regular meeting istentatively scheduled for Wednesday, April 20, 2011, inTulsa,

Oklahoma.

Lunch break if necessary

Should you have a disability and need an accolmnodation, please notify the DEQ Air Quality Division three days in advance at

405-702-4216. Hearing impaired persons may call the text telephone (TDD) Relay Number at 1-800-722-0353 for roD maehine use only.

3
DRAFT MINUTES

AIR QUALITY COUNCIL

Department ofEnviromnental Quality

707 North Robinson, Oklahoma City, OK

January 19, 20 II

For EQB Februal1' 2S, 2011

For AQC Approval A,FiI au, 2011 July 20,2011

Notice of Public Meeting The Air Quality Council convened for its regular meeting at 9:00 a.m.

on January 19,2011 at the Department of Environmental Quality in Oklahoma City. Notice of

the meeting was fulWarded to the Office ofthe Secretary of State giving the date, time, and place

of the meeting on December 7, 2010. Agendas were posted at the meeting facility and at the

DEQ Central Office in Oklahoma City at least twenty-four hours prior to the meeting. Ms.

Beverly Botchlet-Smith convened the hearings by the Air Quality Advisory Council in

compliance with the Oklahoma Administrative Procedures Act and Title 40 CFR Part 51, and

Title 27A, Oklahoma Statutes, Sections 2-5-201 and 2-5-101-2-5-118. Ms. Smith entered the

Agenda and the Oklahoma Register Notice into the record and announced that forms were

available at the sign-in table for anyone wishing to comment on any of the rules. Ms. Laura

Lodes, Chair, called the meeting to order. Ms. Bruce called roll stating that a quorum was

present.

MEMBERS PRESENT

David Branccky

MontcUc Clark

Gary Collins

David Gamble

Jim Haught

Laura Lodes

Bob Lynch

Sharon Myers

Pete White

DEQ STAFF PRESENT

Eddie Terrill

Beverly Botchlet-Smith

Scott Thomas

Cheryl Bradley

Rob Singletary

Trevor Hammons

Randy Ward

Dawson Lasseter

DEQ STAFF PRESENT

Pat Sullivan

Joyce Sheedy

Nancy Marshment

Diana Hinson

Leon Ashford

Myrna Bruce

MEMBERS ABSENT OTHERS PRESENT

Christy Myers, Court Reporter

Transcripts aDd Attendance- Sheet are attached as aD official part of these Minutes

Yes

Yes

Yes

Yes

Bob Lynch

Pete White

David Gamble

Da\'id Branccky

Jim Haught

Approval of Minutes - October 27, 2010 Regular Meeting Ms. Lodes ealled for a motion for

approval. Ms. Myers moved to approve and Mr. Collins made the second.

See Transcn'pl pages 4 - 5

Yes Sharon Myers

Yes Gary Collins

Yes Montelle Clark

Yes Laura Lode.')

Yes

Yes

Yes

Yes

Yes

Bob Lynch

Pete White

Dbvid Gamble

David Branecky

Jim Haugbt

Election of Officers Ms. Myers made motion that Laura Lodes and Jim Haught to remain as the

officers. Mr. Branecky made the second.

See Transcript pages 5 - 6

Yes Sharon Myers

Yes Gary Collins

Yes Montelle Clark

Yes Laura Lodes

Yes
Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Bob Lynch

Pete White

David Gamble

David Branecky

Jim Haught

OAC 252:100-5. Registration, Emission Inventory and Annual Operating Fees

IAMENDED) .. _

OAC 252:100-7. Permits for Minor Facilities [AMENDED]

OAC 252:100-8. Permits for Part 70 Sources [AMENDED]

Ms. Pat Sullivan provided a slide presentation of the proposal which would add a new section

OAC 252:100-5-2.3 that would allow the Department to assess certain area sources of hazardous

air pollutants annual operating fees. In addition, the proposal would increase permit application

fees for both minor facilities and Part 70 sources by amending OAC 252: I00-7, Part 2 and OAC

252:100-8, Part 3. Staff fielded comments and questions from Council and the public. Ms.

Cheryl Bradley read into the record alternative language that was suggested regarding the

existing area sources. Ms. Lodes explained that there had been a number of discussions and

called for a motion to adopt the rule package. Mr. Branecky made the motion to adopt as

proposed with the revisions discussed with the caveat that DEQ provides a progress report ofthe

income and expenditures at Council's October meeting. Mr. White made the second.

See Transcript pilges 8 - 93

Bob Lynch Yes Sharon Myers

Pete \¥hite Yes Gary Collins

David Gamble Yes Montelle Clark

David Branecky Yes Laura Lodes

Jim Haught Yes

OAC 252:100-1. General Provisions [AMENDED]

OAC 252:100-3. Air Quality Standards and Increments [AMENDEDI

OAC 252:100-7. Permits for Minor Facilities [AMENDED]

OAC 252:100-8. Permits for Part 70 Sources [AMENDED]

Dr. Joyce Sheedy advised that the proposal would modify Subchapters I, 7, and 8 to ensure that

State rules affected by recent changes to EPA's policies and programs for greenhouse gas

emissions are not perceived to be more stringent than the corresponding federal requirements.

Also, modifications to Subchapter 8 to implement the New Source Review (NSR) program for

the fine particulate matter (PM2.5) National Ambient Air Quality Standards (NAAQS). The

proposal would also modify Subchapter 3, Air Quality Standards and Increments, by the addition

of the annual and 24-hour PM2.5 increments to OAC 252: 100-3-4, Significant deterioration

increments. Dr. Sheedy explained that the proposed modifications to these four subchapters are

being presented in one hearing because both the greenhouse gas modifications and the PM2.5

modifications involve changes to Section 31 of Subchapter 8. She identified the changes being

proposed. Staff fielded questions and comments from the public. Mr. Branecky moved to

postpone the hearing in order that staff could develop the suggested language that could be

incorporated into the rule. Ms. Myers made the second.

See Transcript Pages 3 - 28 Part 2

Bob Lynch Yes Sharon Myers

Pete White Yes Gary Collins

Da'\id Gamble Yes Montelle Clark

David Branecky Yes Laura Lodes

Jim Haught Yes

Ms. Lodes called for a motion to continue the discussion on the greenhouse gas rules. Ms.

Myers made the motion and Mr. Gamble made the second.

See Transcript Pages 56

Yes Sharon Myers

Yes Gary Collins

Yes Montelle Clark

Yes Laura Lodes

Yes
Ms. Cheryl Bradley presellted the additional language for Council's consideration. Following

discussion, Mr. Collins made motion to accept the proposed amendments as amended. Mr.

Haught made the second.

Bob Lynch

Pete White

David Gamble

David Branccky

Jim Haught

See Transcript Pages 58 - 69

Yes Sharon Myers

Yes Gary Collins

Yes Montelle Clark

Yes Laura Lodes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Bob Lyneh

Pete White

David Gamble

David Branecky

Jim Haught

Appendix A. AUowable Particulate Matter Emission Rate for Incinerators [REVOKED)

Appendix A. AUowable Particulate Matter Emission Rate for Incinerators [NEW]

Ms. Diana Hinson advised that the proposal would revoke Appendix A and adopt a new

Appendix A to correct inaccuracies. Hearing no discussion, Ms. Lodes called for a motion. Mr.

Haught moved to accept as recommended and Mr. Clark made the second.

See Transcript Pages 28-31

Yes Sharon Myers

Yes Gary Collins

Yes Montclle Clark

Yes Laura Lodes

Yes

Yes

Yes

Yes

Yes

Bob Lynch

Pete White

Ds\id Gamble

David Branccky

Jim Haught

APPENDIX E. Primary AmbIent Air Quality Standards [REVOKED)

APPENDIX E. PrImary Ambient Air Quality Standards [NEW]

Mr. Leon Ashford advised that the proposal was to revoke Appendix E and adopt a new

Appendix E to maintain consistency with the NAAQS. Specifically, the nitrogen dioxide (N02)

and sulfur dioxide (S02) primary standards would be modified to reflect recent changes made by

the EPA. Following comments, Ms. Lodes called for a motion to pass the rule as proposed. Mr.

Haught made the motion and Mr. Gamble made the second.

See TrQn!lcripl Pages 31 - 37

Yes Sharon Myefs

Yes Gary Collins

Yes Montelle Clark

Yes Laura Lodes

Yes

Yes

Yes

Yes

Yes

Bob Lyneh

Pete White

David Gamble

David Branecky

Jim Haught

OAC 252:100-2. Incorporation By Reference [AMENDED)

Appendix Q. Incorporation By Reference [REVOKED)

Appendix Q. Incorporation By Reference [NEW)

Ms. Nancy Marshment advised that the proposal would update Subchapter 2 to clarifY language

and Appendix Q, Incorporation By Reference, to incorporate by reference the latest changes to

EPA regulations. She identified the changes that were being proposed. Staff requested that the

Council table the hearing for this rulemaking until the Department is certain it has adequate

resources to assume delegation for any additional federal standards. Following discussion, Mr.

Pete White made motion to continue the hearing. Ms. Myers made the second.

See Trcmscripf Pages 37 - 56

Yes Sharon Myers

Yes Gary Collins

Yes Montelle Clark

Yes Laura Lodes

Yes
OAC 252:110. Lead-Based Paint Management

Subchapter 1. General Pl:ovisions [AMENDED]

Subchapter 5. Incorporation by Reference [AMENDED]

Subchapter IS. Additional Renovation, Repair and Painting (RRP) Requirements [NEW]

Mr. Trevor Hammons advised that the Department's proposal would amend OAC 252:110,

Lead-Based Paint Management, to add a new Subchapter 15, Additional Renovation, Repair, and

Painting (RRP) Requirements. The proposed rule would establish state requirements that are

consistent with those established by EPA and affect contractors who perfonn renovation, repair,

and painting projects in homes, child-care facilities, and schools built beforel978. In addition,

the proposal would establish fees to be charged by the Department for RRP finn certifications

and other associated services. After much discussion, Mr. Branecky made motion to continue

the hearing. Ms. Myers made the second.

See transcript pages Item F page 2 - 53

Bob Lynch Yes Sharon Myers Yes

Pete White Yes Gary Collins Yes

David Gamble Yes Montelle Clark Yes

David Branecky Yes Laura Lodes' Yes

.lim Haught Yes

Division Director's Report - Eddie Terrill mentioned EPA initiatives and the upcoming

Legislative session.

New Business - None

Adjournment - Ms. Lodes adjourned the meeting adjourned at I:00 p.m.

Transcripts and Attendance Sheet are attached 8S an official part of these Minutes.
Page 1

Condensed Transcript

DEPARTMENT OF ENVIRONMENTAL QUALITY

STATE OF OKLAHOMA

* * * * * TRANSCRIPT OF PROCEEDINGS

OF THE AIR QUALITY COUNCIL MEETING

ITEMS 5B THROUGH 5E

ON JANUARY 19, 2011, AT 9:00 AM

IN OKLAHOMA CITY, OKLAHOMA

* * * * *

MYERS REPORTING SERVICE

Christy Myers, CSR

P.O. Box 721532

Oklahoma City, Oklahoma 73172-1532

(405) 721-2882

www.protexl.com
MEM~ERS OF THE COUNCIL

Page 2

Condensed Transcript

Page 'I

1 gas or GHG modifications to

2 Subchapters 1, 7, and B; and PM2. 5,

3 which is also known as fine

4 particulate matter, modifications to

5 Subchapters) and B.

6 The proposed modifications to

7 these four subchapters are being

8 presented in one hearing because

9 both the greenhouse gas

10 modifications and the PM2.5

11 modifications involve changes to

12 Section 31 of Subchapter B.

13 Under the State's rulemaking

14 procedures a section of rules may

15 only be modified once in a year and

16 the state is required to submit a

17 state implementation plan known as a

IB SIP revision to EPA in 2011

19 incorporating Phase 1 of the PM2.5

20 NSR implementation rule. And the

21 greenhouse gas emergency rule

22 changes to Subchapter 1, Subchapter

23 7, and Subchapter B incorporating

24 EPA's Tailoring Rule provisions will

25 expire on July the 14th, 2011.

DEQ STAFF

PROCEEDINGS

ITEM NUMBER 5B

MYRNA BRUCE

BEVERLY BOTCHLET-SMITH

EDDIE TERRILL

CHERYL BRADLEY

ROBERT SINGLETARY

PAT SULLIVAN

NANCY HARSHMENT

DIANA HINSON

LEON ASHFORD

TREVOR HAMHONS

DIANA HINSON

JOYCE SHEEDY

1

2 LAURA LODES, CHAIR

) JIM HAUGHT, VICE-CHAIR

4 PETE WHITE, MEMBER

5 SHARON MYERS, MEMBER

" MONTELLE CLARK, MEMBER

7 DAVID GAMBLE, MEMBER

B GARY COLLINS, MEMBER

9 ROBERT LYNCH, MEMBER

10 DAVID BRANECKY, MEMBER

11

12

13

14

15

10

17

1B

19

20

21

22

23

24

25

Page 3

1 MS. BOTCHLET-SMITH: Since

2 it's been awhile since we got here

3 lId just like to remind everyone if

4 you wish to comment you can fill out

5 one of the forms at the registration

6 table for any of these future rules

7 that are on the Agenda. And also to

B remind everyone that when they come

9 to the podium to please state your

10 name, because that really helps out

11 our court reporter.

12 The next item on the Agenda is

13 5B. This is OAC 252:100-1, General

14 Provisions. OAC 252:100-), Air

15 Quality Standards and Increments.

1" OAC 252:100-7, Permits for Hinor

17 Facilities. OAC 252:100-B, Permits

18 for Part 70 Sources. And Dr. Joyce

19 Sheedy of the DEQ Air Quality

20 Division will be giving the staff

21 presentation today.

22 DR. SHEEDY: Okay.

23 Madam Chair, Members of the

24 Council, ladies and gentlemen. The

25 Department is proposing greenhouse

Page 5

1 Therefore it's important that both

2 the greenhouse gas modifications and

) the PH2.5 modifications be

4 considered together.

5 Tbe Department is proposing

6 modifications to the General

7 Provisions in SUbchapter 1/ the

B Hinor Facility Permitting Program in

9 SUbchapter 7, and the Part 70 and

10 PSD permitting programs in

11 Subchapter B. These modifications

12 will clarify that the State's

13 permitting rules implement the

14 provisions of EPA 1 s Greenhouse Gas

15 Tailoring Rule and are no more

16 stringent than the federal

17 permitting rules.

1B The Council first considered

19 the greenhouse gas modifications at

20 its last meeting on October 27,

21 2010. At that meeting, the Council

22 voted to forward these modifications

23 to the Environmental Quality Board

24 with the recommendation that they be

25 adopted as emergency rule changes.

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Page 6

1 At that same meeting, the Council

2 voted to continue the hearing on the

3 proposed permanent rules to today's

4 meeting. The Board approved the

5 proposed emergency rules at its

6 meeting on November 16/ 2010, and

7 the amendments became effective on

8 December 27, 2010, when signed by

9 Governor Henry. These emergency

10 rules are in effect until July 14,

11 2011, or until superseded by

12 permanent rules, whichever date is

13 earlier. The proposed greenhouse

14 gas modifications to Subchapters 1,

15 7, and 8 are substantively identical

16 to the emergency rule changes I but

17 they are not word for word the same.

18 We've cleaned it up a bit. We added

19 a few commas for consistency in

20 punctuation; we've added a word or

21 two for clarity; and we've deleted a

22 redundant word or two l but we

23 believe the meaning remains

24 unchanged.

25 Staff proposes to change the

Page 7

1 last sentence in proposed new

2 section 2.1 of Subchapter 7 that was

3 posted on our website and was

4 included in the Council packets. I

5 believe a copy of that revised

6 wording has been included in the

7 Council's folders today.

8 Staff recommends that the

9 sentence should be, quote -- well

10 there are no quotes in it .- it

11 should be, physical or operational

12 limitations may include, but are not

13 limited to, air pollution control

14 equipment I restrictions on hours of

15 operation, and/or restrictions on

16 the type or amount of material

17 cornbusted. stored, or processed.

18 This is not a substantive change.

19 The Department is also

20 proposing some minor changes to

21 Subchapter 1 that are being

22 presented to the Council for the

23 first time today.

24 The Department is proposing

25 modifications to the State's PSD and

Condensed Transcript

Pagf'c 8

1 Nonattainrnent New Source Review or

2 NNSR permitting programs to

3 implement the changes in federal

4 requirements brought about by the

5 new National Ambient Air Quality

6 Standards or NAAQS for PM2.5

7 published in 1997 and revised in

8 2006.

9 These proposed changes will

10 update the PSD increments in

11 Subchapter 3 and the NSR program in

12 Subchapter B, and enable the

13 Department to maintain its delegated

14 authority for the full NSR program.

15 Phase 1 of the implementation

16 rule -- of the NSR implementation

17 rule was published on May 16, 2008

18 and established a major source

19 threshold, significant emission

20 rates j offset ratios, interpollutant

21 trading for offsets, and

22 applicability of NSR to PM2.5

23 precursors. These modifications

24 were proposed at the October 27,

25 2010, Council meeting. In October

Page 9

1 the Council continued the hearing on

2 the proposed PM2.5 modifications to

3 Subchapter 8 until today's meeting.

4 These proposed modifications have

5 not been changed.

6 Phase 2 of the NSR

7 implementation rule was published in

8 the Federal Register on October 20,

9 2010 and contains PM2.5 incrementsI

10 Significant Impact Level or SILs,

11 and a Significant Monitoring

12 Concentration or SMe.

13 Staff is proposing for the

14 first time changes to Subchapter 3

15 and Subchapter 8 to incorporate

16 these provisions. The proposed

17 modifications to OAC 252:100-3-4(b)

18 adds the new 24-hour and annual

19 PM2.5 PSD increments.

20 The proposed changes to

21 Subchapter 8 modify the definition

22 of "baseline areal! and llbaseline

23 date" in OAC 252:100-8-31 to include

24 PM2.5. Excuse me. Modifies Section

25 33 Subsection (c) to include a

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Page IV

1 significant monitoring c~n~entration

2 for PM2.5 and it modifie1C8-33(g) to

3 reflect the change that was made in

4 252:100-8-35Ial regarding air

5 quality impact evaluation. It

6 modifies 252:100-8-35Ial to add

7 significant impact levels for PM2.5

B and update -- it updates the

9 incorporation by reference date in

10 Section 52 to December 20, 2010/ to

11 include the revision to 4,0 CFR

12 51.165(b) 12) regarding sources in

13 attainment areas that cause or

14 contribute to NAAQS violation. This

15 last modification adds a

16 significance level for PM2.5.

17 We propose to change the

IB incorporation by reference date for

19 40 CFR 51.1651b) (2) from July 1,

20 2011, to December 20, 2010, the

21 effective date of the federal rule

22 modification. This will ensure that

23 there is no prospective

24 incorporation of reference for this

25 federal rule. A copy of the

Page 11

1 proposed change is included in the

2 Council's folder today.

3 While these Sections are open

4 for revision, the Department also

5 proposes to make some additional

6 corrections and non-substantive

7 clarifications and format changes to

8 Subchapter 8.

9 The Department proposes to

10 correct a reference error in the

11 definition of "administratively

12 complete' in oAc 252:100-8-2 to

13 Paragraph Ibl. The reference to oAc

14 252:2-15-20Ib) (31 needs to be

15 changed to OAC 252:4-7-13(b) since

16 Chapter 2 has been changed to

17 Chapter 4. This was brought to our

IB attention -~ 1 1m running out of

19 voice -- after the Council packets

20 were mailed. This is not a

21 substantive change. And a copy of

22 this change has been included in the

23 Council folder today.

24 As presented in the october

25 27, 2010 Council meeting, tbe

Condensed Transcript

Page 12

1 Department proposes to correct an

2 error in the definition of "major

3 stationary source l1 in Section 31 by

4 changing the charging rate for

5 municipal incineTators in

6 (AI (il (XIV) of the definition from

7 50 tons of refuse per day to 250

8 tons of refuse per day to match the

9 federal definition in 40 CPR

10 51.166 (bl (11. This is a substantive

11 change.

12 The Department also proposes

13 to make some format and

14 non-substantive language changes to

15 Subchapter 8 for clarity. For

16 example, PM dash 10 (PM-I0) is now

17 being replaced by PM subscript 10.

18 Notice of the proposed

19 permanent rule cbanges was published

20 in tbe Oklahoma Register on Oecember

21 15, 2010. The notice requested

22 written comments from the public and

23 other interested parties.

24 On January 18, 2011, the

25 Department received a letter from

Page 13

1 Jeff Robinson, Chief, Air Permits

2 Section of EPA Region 6. Mr·.

3 Robinson encouraged the Department

4 to expeditiously adopt the proposed

5 greenhouse gas modifications to

6 Subchapter 8 permanent rules. He

7 did not comment on the greenhouse

8 gas modification to Subchapter 7 Or

9 the PM2.5 modifications.

10 EPA has, in the latest on the

11 continuing saga of greenhouse gas,

12 EPA made public notice on the 12th

13 of January in which they announced

14 they were deferring greenhouse gas

15 permitting requirements for C02

16 emissions from biomass-fired and

17 other biogenic SOurces for 3 years

18 for further study. The sources

19 covered would, at least as they

20 announced, would be facilities that

21 emit C02 as a result of burning

22 forest or agricultural products for

23 energy, wastewater treatment and

24 livestock management facilities,

25 landfills, and fermentation

www.prolext.com
Condensed Transcript

says the minor source

MR. BRANECKY: Okay.

DR. SHEEDY: And EPA has

set that trigger date.

Page 16

look at Ibl it

baseline date

1

2

3 DR. SHEEDY: Uh-huh.

4 MR. BRANECKY: -- which I

5 guess (bl refers to -.

6 DR. SHEEDY: Uh-huh.

7 MR. BRANECKY: -- is the

B earliest date after the trigger date

9 on which a major stationary source

10 or a major modification submits a

11 completed application. So I'm --

12 DR. SHEEDY: Okay.

13 MR. BRANECKY: -- trying to

14 understand how you came up with

15 October 20, 2011, it's depended upon

16 when a major stationary source

17 submits a completed application.

IB DR. SHEEDY, No. The

19 trigger date -- the trigger date is

20 -- is different. The baseline date

21 is the earliest date after the

22 trigger date.

23

24

25

Page 14

1 processes for ethanol production.

2 EPA announced that they plan to

3 complete the rulemaking bY July 2011

4 that will accomplish this deferral

5 and they plan to issue guidance

6 shortly that will provide a basis

7 that permitting authorities can use

8 to conclude that the use of biomass

9 as fuel is BACT for GHG emissions

10 until EPA can complete it deferral

11 rulemaking.

12 Staff requests that the

13 proposed greenhouse gas, and PM2,5,

14 and miscellaneous amendments to

15 Subchapters I, 3, 7, and 8, as we

16 modified at this meeting, be

17 forwarded to the Environmental

IB Quality Board with the

19 recommendation that they be adopted

20 as permanent rule changes.

21 Thank you.

22 MS. BOTCHLET-SMITH: Do we

23 have any questions from the Council

24 for Dr. Sheedy? David.

25 MR. BRANECKY: Yes. Under

Page 15

1 Subchapter B on Page 9 on the 1

2 definition of baseline date. 2

3 DR. SHEEDY, Hang on a 3

4 minute. 4

5 MR. BRANECKY, I'm trying 5

6 to understand, You've got the major 6

7 source baseline date. 7

B DR. SHEEDY: Okay. B

9 MR. BRANECKY, You've got 9

10 -- for major source in the case of 10

11 PM2.5 on October 20, 2010 in (a) -- 11

12 DR. SHEEDY, Uh-huh. 12

13 MR. BRANECKY: and then 13

14 in (b) we talk about 2.5 being 14

15 October 20, 2011. 15

16 DR. SHEEDY, The minor 16

17 source baseline date. 17

IB MR. BRANECKY: How did you IB

19 come up with 2011? 19

20 DR. SHEEDY: Well, these 20

21 are EPA's dates that are in the 21

22 Federal Register -- in the 22

23 rulemaking Federal Register, these 23

24 are the dates that they have. 24

25 MR. BRANECKY, Well, if you 25

Page 17

MR. BRANECKY: Okay. I

understand. There's a baseline date

and a trigger date.

DR. SHEEDY: Right.

MR. BRANECKY: Okay.

DR. SHEEDY: Not the same.

MR. BRANECKY: Okay. Thank

you.

DR. SHEEDY: Baseline date

is nothing if not confusing, at

least to me,

MS. BOTCHLET-SMITH:

Sharon.

MS. MYERS: On some of the

definitions the carbon dioxide

equivalent is not defined until you

start finding it buried under the

subject to regulation. I'm just

kind of curious as to why that's

structured like that. Greenhouse

gas has its own definition but the

carbon dioxide equivalent does not;

it 1 s buried underneath another

definition.

DR. SHEEDY: Well, we

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Page 18

1 basically echoed EPA's method of

2 doing this which was, I -(h-ink/ based

3 on an approach they were using to be

4 able to do these changes in a much

5 more rapid manner than usual and

6 they stuck it there. I don't

7 suppose there is any thing that

8 would keep us from taking it out of

9 there and putting it into a

10 definition of its own.

11 MS. MYERS: It seems like

12 it would be a little cleaner. If

13 you're looking through this trying

14 to figure out what a carbon dioxide

15 equb'alent is, it seems like it

16 would be a little cleaner approach

17

18 DR. SHEEDY, Yeah.

19 MS. MYERS, for it to

20 have its own designation just like

21 GHG does.

22 DR. SHEEDY, Yeah. It

23 might be easier to find.

24 MS. MYERS, Just an

25 observation.

Condensed Transcript P .. ge 20

1 DR. SHEEDY, Dh-huh. Yes.

2 MS. MYERS: Tha t 's my

3 question. Why is it --

4 DR. SHEEDY: We use it

5 basically -- I think the only place

6 we1re using it at this time is in

7 two sections in Subchapter 8. The

8 two parts -- the Part 70 program in

9 Part 5 and then We use it again in

10 Part 8 ~- no, I mean Part 7, for

11 the PSD program. So we could put it

12 in Subchapter 1 or we could put it

13 somewhere in Subchapter 8.

14 MS. MYERS: Well, I don't

15 know if you could put a reference in

16 Subchapter 1 to refer it to being

17 defined in Subchapter 8 or

18 something. I mean it's --

19 DR. SHEEDY: Well, I don't

20 know that we won't be using it

21 somewhere else later in the

22 subchapter -- in the chapter.

23 MR. BRANECKY: I don't

24 think you want to put it in

25 Subchapter 1 --

Page 19 Page 21

think

sense.

-- the

definit ion of

MS. LODES: I

Subchapter 1 would make more

MR. BRANECKY:

DR. SHEEDY: Dh-huh.

MR. BRANBCKY: -- carbon

dioxide equivalent in Subchapter 1.

MS. MYERS: Because that's

where most of the definitions are.

MR. BRANECKY: Right. And

you refer to it in Subchapter 1.

MS. LODES: We've been

trying to move all of the

definitions to SUbchapter 1, it

seems like over the last several

years. So that would make the most

sense to put it there.

DR. SHEEDY: Well,

certainly we've been trying to put

all the definitions in Subchapter 1

that apply to more than one

subchapter t certainly. So -- okay.

I canlt see any reason not to. Rob?

MS. MYBRS, Does that

require opening up Subchapter 1

Or in

Dh-huh.

where you

Dh-huh.

But it doesn't

MR. BRANECKY:

1

2

3

4

5

6

7

8

9

10

11

MS, MYERS: It's referenced 12

1 as an acronym 13

MR. BRANECKY: Right. 14

MS. MYERS: and then you 15

16

17

18

19

20

21

22

23

24

25

in Subchapter

DR, SHEEDY: Yeah. I think

that could be -- I think that could

be done without destroying the

meaning of the modification.

MR. BRANECKY: So you're

saying put it in the definition

section up front?

MS. LODES: In Subchapter

sUbchapter

DR. SHEEDY:

MS. MYERS:

have its own definition in

Subchapter 8/ itls buried underneath

subject to regulation.

go back into

DR. SHEEDY:

MS, MYERS,

get into the calculations in

SUbchapter 8.

17

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

www.protext.com
Condensed Transcript

Page 22

1 again?

2 DR. SHEEDY':- Well,

3 SUbchapter 1 is open.

4 MR. TERRILL: What we're

S talking about is whether or not we

6 might want to take a short break,

7 fix this today so you can pass it so

8 we don't have to bring it back.

9 DR. SHEEDY: Uh-huh.

10 MR. TERRILL: Actually,

11 they are already working on it.

12 We'd really like to get this done

1J and clean this up (inaudible),

14 MS. MYERS: I think it

15 would be cleaner to have the

16 definition with the other major

17 definitions. That's going to be a

18 big one for regulated folks to be

19 looking up.

20 DR. SHEEDY: Uh-huh.

21 MS. MYERS: And to have it

22 buried down within another

23 definition seems to be a little bit

24

25 MR. TERRILL: You don't

Page 24

1 getting ready to read into the

2 record.

3 MS, LODES: I don't know

4 that -- I mean that's what I was

5 asking.

6 MR. BRANECKY: Yeah. Why

7 canlt we just -- we've got carbon

8 dioxide equivalent defined

9 somewhere, canlt we just take that

10 and move it to 1.

11 DR. SHEEDY: Yeah. It's

12 defined in two places, I believe.

13 It's defined in the definition of

14 sUbject to regulation in 8-2 and in

15 8-31.

16 MR. BRANECKY, Well, we

17 could just leave those definitions

18 there and then just add one in

19 Subchapter 1,

20 DR. SHEEDY: Uh-huh.

21 MR. BRANECKY: If you all

22 would agree to do that I don't

23 necessarily need to see it.

24 DR. SHEEDY: Yeah. It

25 would echo what's in the other two.

Yeah. We don't

Okay.

I agree with

MS. WOES:

-- I don-tt need to see it.

DR. SHEEDY:

MS. MYERS:

DR. SHEEDY: Yeah. I don't

see any problem in doing that unless

legal counselor my boss has a

problem.

MS. waDES: So is it

different in the two places?

MS. BOTCHLET-SMITH: It's a

little different and we're trying to

reconcile that difference.

DR. SHEEDY: Well, I think

basically doesn't it mean the

same?

MR. SINGLETARY: Yeah.

DR. SHEEDY: Okay,

MR. 'SINGLETARY: Well,

they're written ~~

iComments)

MS. LODES: Can we pause

this for a minute and maybe go on to

the next item on the Agenda?

that.

Page 25

1

2

3

4

5

6

7

8

9

10

So 11

They'll 12

13

14

15

16

17

18

19

20

21

22

23

24

25

MS. LODES: Let's

definitely continue any questions or

comments we've got on this.

DR. SHEEDY: Okay.

MS, BOTCHLET-SM1TH:

done in just a minute.

other questions from the

have that

Are there

Council?

Okay. While the Council

thinks about any other questions, I

havenrt received any Notice of

Comment from the public. Is there

anyone here that wishes to make a

comment on the rules as they're

being presented?

Seeing no hands, it's back to

the Council to have further

discussion other than what we're

page 23

like EPA's approach?

MS. MYERS: You know how I

feel about that.

MR. BRANECKY: Eddie, in

the interest of time can we continue

this one and go on to the next one

and come back?

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

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Page 26

to

The

Yes.

Motion passed.

proposed rule

Madam Chair,

ladies and

Hinson, an Envi

MS. LODES:

MS. BRUCE:

(Item Number 5B Continued)

ITEM NUMBER 5C

Condensed Transcript

Page 28

1

2

3

4

5 MS, BOTCHLET-SMI H:

6 next item on the Agenda is Num er

7 5C. This 'sAppendix A, Allow ble

8 Particulat Matter Emission R te for

9 Incinerato

10 T is presentation

11 given by Ms. Hinson 0

12 staff.

13

14

15

16

17

18

19

20

21

22

23

24

25

1

2

3

4

5

6

7 Thi is the first time the

8 Council has een notified of the

9 proposed re sions. The Depa tment

10 suggests th t the Council con ider

11 voting to end the modificatio to

12 the Envir mental Quality Boar with

13 a recomme dation that it be ado ted

14 as a per anent rule.

15 Thank you.

16 MS. BOTCHLET-SMITH:

17 y questions from the Coune 1

18 Hinson? Any questions from

19 lie?

20 Hearing none, if there

21 iscussion by the Council,

22 a, I ask for a motion.

23 MS. LODES: We have

24 The Agency has

25 that we pass this. Do I

MR. BRANECKY: How much

we postpone

time?

(Multiple Discussions)

MR, BRANECKY: I move,

MS. MYERS; Okay. I'll

second it, then,

MR. BRANECKY: I move that

we do what they said to do.

MS, MYERS: I'll second

whatever David said.

MR. BRANECKY: I move that

that we continue this

1 MS. BOTCHLET-SM1TH: We can

2 postpone it to a few min~tes and

3 come back to it to a certain time.

4 MS. LODES: Okay. Do we

5 need a motion to postpone it?

6 MS. BOTCHLET-SMITH: Yes.

7 Yes. You need a motion.

8 MS. LODES: Okay. 1 need a

9 motion to postpone this for a

10 certain length of time while they

11 work on the definitions. So we can

12 move on to the next item on the

13 Agenda.

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Page 27

1 to give the staff enough time to

2 develop some language before we come

3 back to this item on the Agenda and

4 continue on to the next item.

5 MS. MYERS: Second.

6 MS. LODES: I have a motion

7 and a second. I am assuming we need

8 to call the roll, Myrna.

9 MS. BRUCE: Bob Lynch.

10 DR. LYNCH: Yes.

11 MS. BRUCE: Pete White

12 MR. WHITE: Yes.

13 MS. BRUCE: David Gamble.

14 MR. GAMBLE: Yes.

15 MS. BRUCE: David Branecky.

16 MR. BRANECKY: Yes.

17 MS. BRUCE: Jim Haught.

18 MR. HAUGHT: Yes.

19 MS. BRUCE: Sharon Myers.

20 MS. MYERS: Yes.

21 MS. BRUCE: Gary Collins.

22 MR. COLLINS: Yes.

23 MS. BRUCE; Montelle Clark.

24 MR. CLARK: Yes.

25 MS. BRUCE: Laura Lodes.
MS. BOTCHLET-SMITH: The

next item on the Agenda is Number

50. This is Appendix E, Primary

Ambient Air Quality Standards and

the presentation will be given by

Mr. Leon Ashford of the Air Quality

staff.

MR. ASHFORD: Hello. 1 1m

Leon Ashford of the Oklahoma DEQ.

Good morning, Madam Chair, Members

of the Council, ladies and

gentlemen.

Staff proposes to revoke

Appendix E, Primary Air Quality

Standards, and replace it with a new

Appendix E that includes recent

changes to the National Ambient Air

Quality Standards or NAAQS for the

nitrogen dioxide or N02, and sulfur

dioxide, S02 Standards.

MR. BRANECKY: Yes. Well,

in the -- on the new proposal in the

footnotes 8 and 9 that referred to

the new 302 and N02 standard, the

language says that -- refers to

within an area -- at each monitor

within an area thatls not exceeding

a given amount. Is that --

MR. ASHFORD: Yes .

Page 32

Condensed Transcript

1 The Clean Air Act requires

2 that the EPA periodically review and

3 revise the NAAQS. On February 9,

4 2010, EPA promulgated a new one-hour

5 N02 primary standard of 100 parts

6 per billion. EPA promulgated a new

7 one-hour S02 primary standard of 75

8 parts per billion and revoked the

9 24-hour and annual standards on June

10 2, 2010. EPA is expected to revise

11 the secondary standard for N02 and

12 S02 next year.

13 Appendix E is currently part

14 of Oklahoma 1 s EPA-approved State

15 Implementation Plan or SIP. The

16 proposed changes are necessary to

17 update the primary ambient air

18 quality standards in the state rule

19 to make them consistent with and as

20 protective as the federal standards.

21 Upon promulgation, the new Appendix

22 E will be submitted to EPA as a

23 revision to the SIP.

24 Notice of the proposed

25 permanent rule changes was published

Page 33

1 in the Oklahoma Register on December

2 15, 2010. The notice requested

3 written comments from the public and

4 other interested parties. The only

5 comment made was received from EP~

6 Region 6, and they concurred with

7 the changes.

B Staff requests that the

9 Council vote to recommend the

10 proposed rule change and be

11 forwarded to the Environmental

12 Quality Board for adoption as a

13 permanent rule.

14 MS. BOTCHLET-SMITH: Is

15 there any questions for Mr. Ashford?

16 David.

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passed.

Lodes.

MR. HAUGH7: I'll make the

motion t at we accept the

modificat ons to Appendix A as

recommende by staff.

MR. CLARK: I'll second it.

MS. LODES: I have a motion

Myrna, would you

11.

MS. BRUCE: Bob Lynch.

R. LYNCH: Yes.

BRUCE: Pete White.

M . WHITE: Yes.

MS. BRUCE: David Gamble.

MR. GAMBLE: Yes.

MS. RUCE: David Branecky.

MR, B ANECKY: Yes.

MS. B CE: Jim Haught.

MR. HA HT: Yes.

MS. BRU Sharon Myers.

MS. MYER: Yes.

MS. BRUCE Gary Collins.

MR. COLLI Yes.

MS. BRUCE: Montelle Clark.

MR. CLARK:

MS. BRUCE:

MS. LODES:

MS, BRUCE:

{Item Number 5C Concluded)

ITEM NUMBER 5D

Page 31

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Condensed Transcript

Page 3~

1 MR. BRAN~~~Y: -- defined

2 area, is that defined in ..the

3 appendix

4 MR. ASHFORD: In the

5 appendix, yes.

6 MR. BRANECKY: -- or what

7 is an area -- for the state?

8 MR. ASHFORD: That is

9 lifted directly from the footnotes

10 that EPA had and I'm not -- I'm not

11 sure that it's defined anywhere.

12 General assumption would be -- would

13 possibly be determined by how the

14 monitoring site is cited. There is

15 a designation for each monitoring

16 site whether it's a neighborhood or

17 urban scale or rural scale and that

18 area might go along with that

19 definition that each site has.

20 MR. BRANECKY: And then

21 another question. Maybe you donlt

22 know the answer because this is EPA

23 language, but in 8 it talks about

24 maximum one-hour average at each

25 monitor and in 9 it says maximum

l?.:tgc 3G

1 questions or comments from the

2 pUblic?

3 Hearing none, Laura.

4 MS. LODES; We have no

5 further comments or questions. The

6 Agency has recommended that we pass

7 the proposed changes. Do I have a

8 motion?

9 MR. HAUGHT: I move that we

10 accept the staff's recommendations

11 to the modifications to Appendix E

12 to reflect the changes in primary

13 ambient air quality standards.

14 MS. MYERS: Which appendix,

15 Jim?

16 MR. HAUGHT: E.

17 MS. MYERS: Okay.

18 MS. LODES: I have a

19 motion. Do I have a second?

20 MR. GAMBLE: Second.

21 MS. LODES: I have a motion

22 and a second. Myrna, would you

23 please call the roll.

24 MS. BRUCE: Bob Lynch.

25 DR. LYNCH: Yes.

MS. BRUCE: Pete White.

MR. WHITE: Yes.

MS. BRUCE: David Gamble.

MR. GAMBLE: Yes.

MS. BRUCE: David Branecky.

MR. BRANECKY: Yes.

MS. BRUCE: Jim Haught.

MR. HAUGHT: Yes.

MS. BRUCE: Sharon Myers.

MS. HYERS: Yes.

MS. BRUCE: Gary Collins.

MR. COLLINS: Yes.

MS. BRUCE: Montelle Clark.

MR. CLARK: Yes.

MS. BRUCE: Laura Lodes.

MS. LODES: Yes.

MS. BRUCE: Motion passed.

(Item Number 5D Concluded)

ITEM NUMBER SE

MS BOTCH -SMITH: The

next item on the A nd is Number

5R. OAC 252:100-2, corporation by

Reference; and App d Q,

Incorporation b efer ceo

Ms. ancy Mars ment of our

Page 37

Other

Blame it on

MR. ASHFORD: You're

MR. BRANECKY:

says average concentration

one just says average.

MR. ASHFORD: I donlt

is an intended

the lawyers.

welcome.

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MR. BRANECKY: All right. 13

It's just different language. I 14

didn't know if there was a reason 15

for that difference. 16

MR. ASHFORD: It's probably 17

different people writing the 18

footnotes at different times. 19

MR. BRANECKY: Okay. Thank 20

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believe there

difference.

MS. BOTCHLET-SMITH:

questions from the Council? Any

One

and the other

you.

Page 35

one-hour average concentration at

each monitor. Is there a difference

or a reason for the difference in

language?

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f/31~~

Co'rtJ'd

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a motion

passed.

Okay.

Branecky.

Lodes,

Bo

Y

P te White.

es.

avid Gamble.

Yes.

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Bob Lynch.

Yes.

Pete White.

Yes.

David Gamble.

Condensed Transcript

M

MS.

MR.

MS.

MR.

MS.

MR,

MS.

MS.

MS.

MR.

MS.

MR

M .

MS. BRUCE;

DR. LYNCH:

MS. BRUCE:

MR. WHITE:

MS. BRUCE:

I"age 56

Page 57

We're ready to go back to the

greenhouse gas rules. But Laura,

we're going to need a motion --

since that was postponed to a

certain time we now need a motion

from the Council to bring that back

for discussion or presentation,

MS. LODES: Council, I need

a motion to bring the proposed

changes to Subchapter 8 -- 7 -. 1

and 3, since we didn't -- since it's

listed in the subject line on. Back

up for discussion.

MS. MYERS: I so move.

MS. LODES: I have a

motion. Do 1 have a second?

MR. GAMBLE: Second.

MS. LODES; I have a motion

and a second. Myrna, please call

the roll,

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with

So

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either a

rand

are.

MS. LODBS: 0 ay.

MS. BOTCHLET- ITM:

a motion on the ta Ie

second. Typically, e at

least g' e the public an oppor unity

to com nt. So I'd like to do hat

at thi time and then you can c 11

for y r second.

MS. LODES: That'

MS, BOTCHLET-SMITH

ther anyone from the public wish

mment? Hearing none, now.

MS. LODES: Okay.

the -- to carry this

Do I have a second?

MS. MYERS: I'll

~age 54

1 MR. HAUGHT: A d I'm okay 1

2 9 it too, but--r th nk 2

3 it's a big er issue I was br'nging 3

4 up, and tha is who's going 0 get 4

5 caught in t e middle if it' a 5

6 shoving mate about who ta s 6

7 authority be use they're oth short 7

8 on fees. Who ultimately uld be at 8

9 risk on that? 9

10 And· - 10

11 And so I just 11

12 part of the 12

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Condensed Transcript

MR. SINGLETARY: Quotations

after the IS' in lJemissionsll ,

Page 60

98-Global Warming Potentials and

summing the resultant value for each

to compute a TPY C02E,

DR. SHEEDY: Cheryl, may I

make just one correction? Just put

in the format that welre currently

using in Subchapter 1.

We would probably say,

quotation marks, I believe, carbon

dioxide equivalent emissions, end

quotation marks, are, quotation

marks, C02E, close quotation marks,

means,

So we

Okay.

I didnlt see

Okay.

And that's

MS, BRADLEY:

DR, SHEEDY:

MS. BRADLEY:

MS. SULLIVAN:

the end quote. I'm sorry. I

thought it was an arrow when I read

it and then took it out again.

MS. BRADLEY: Okay,

just a format,

Page 58

1 MR. GAMBLE: Yes. 1

2 MS. BRUCE:" David Branecky, 2

3 MR, BRANECKY: Yes, 3

4 MS, BRUCE: Jim Haught. 4

5 MR. HAUGHT: Yes. 5

6 MS, BRUCE: Sharon Myers. 6

7 MS. MYERS: Yes. 7

8 MS, BRUCE: Gary Collins, 8

9 MR, COLLINS: Yes. 9

10 MS, BRUCE: Montelle Clark, 10

11 MR, CLARK: Yes, 11

12 MS, BRUCE: Laura Lodes, 12

13 MS, LODES: Yes. 13

14 MS, BRUCE: Motion passed. 14

15 MS, BOTCHLET-SMITH: Okay, 15

16 Cheryl, are you going to present the 16

17 new language or is Joyce? 17

18 DR, SHEEDY: Joyce was, but 18

19 you can do it if you would like. 19

20 MS, BRADLEY: Okay, I can, 20

21 DR, SHEEDY: You're sitting 21

22 right there with it. 22

23 MS, BRADLEY: I just want 23

24 to turn the machine on, right? 24

25 MS, SULLIVAN: I think I 25

Page 61

DR. SHEEDY: End of quotes

after carbon dioxide equivalent

emissions.

DR. SHEEDY: And you can

take the parentheses away from it.

MS. BRADLEY: Means

DR. SHEEDY: Well, that's

MS, BRADLEY: There.

DR. SHEEDY: Now put an

nor",

MS. BRADLEY: Okay, o-r.

DR. SHEEDY: Now put some

more quotes.

Okay,

That I s how we

MS. BRADLEY: Okay, So

MS, BRADLEY:

DR, SHEEDY:

not --

we've got

do it.

MS, BRADLEY: And do we

need -- we don1t need the

parentheses, do we?

DR. SHEEDY: Now take away

the parentheses,

MS, BRADLEY: Okay.

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Page 59

moved it so it wouldn1t be right in

Laurals face.

(Multiple Conversations)

MS, BOTCHLET-SMITH: Okay.

Just for the benefit of the Court

Reporter, Ms, Cheryl Bradley of the

Air Quality staff'will be presenting

some additional language for this

rulemaking.

MS, BRADLEY: And to

address a comment from Council

Member Myers, we are proposing to

add to Subchapter 1, general

provisions, Section OAC 252:100-1-3}

Definitions, the following

definition,

Carbon dioxide equivalent

emissions (C02E) means an amount of

GHG emitted and shall be computed by

multiplying mass amount of emissions

ITPYI for each of the six greenhouse

gases in the pollutant GHG by the

gasses associated Global Warming

Potential (GWPI published in Table

8-1 to Subpart (al of 40 CFR Part

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Page 62

DR. SHEEDY: That's it.

MS. BRADLEY: That's it.

MS. MYERS: And then is the

rest of the definition staying in

those two different places that we

talked about?

Condensed Transcript

DR. SHEEDY: No, we don't

checking.

Page 64

letls donlt l for goodness sakes/ put

them in the same terms.

MR. WHITNEY: Who?

DR. SHEEDY: EPA.

MS. LODES: So that's what

we I re adding. I thi nk - - I don't

remember how it is exactly in the

Tailoring Rule which is what welre

trying to incorporate here, but I

think this is what's in the

Tailoring Rule. Am I right on that?

DR. SHEEDY: Yes. Yes.

MS. LODES: Okay.

MS. BOTCHLET-SMITH: Any

other comments from the public?

Discussion from the Council?

MR. COLLINS: Are we going

to remove that tons per year

MS. BOTCHLET-SMITH: Rob,

are you looking that up?

MR. COLLINS: I don't have

the Tailoring Rule here.

MR. SINGLETARY: I'm

1 1m good

MS. BRADLEY: Yes.

MS. MYERS, Okay.

with that.

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MS. BOTCHLET-SMITH: Other 10

questions or discussion from the 11

Council? Any comments from the 12

public? Don Whitney. 13

MR. WHITNEY: Yes. I'm Don 14

Whitney from Trinity Consultants. 15

I'd like to suggest just a further 16

refinement of the definition. And 17

that I s the units. The tons per year 18

is traditionally what we think of in 19

DEQ but there is other contexts, of 20

course. The federal standard is 21

metric tons and I would suggest 22

removing the TPY in the two places 23

would still work just as well as the 24

definition and not tie it in to any 25

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Page 53

lone units of measure. Itls just a

2 little cleaner. None of our other

3 pollutants have units in there, So

4 I'd suggest taking the tons per year

5 out two places where it is there.

6 The first TPY on the third line and

'7 last take out "a TPylJ. Thank you.

8 MS. LODES: On that, is the

9 federal rule -- I think the Federal

10 Tailoring Rule is in English tons

11 per year, not metric tons per year.

12 Am I not correct on that?

13 DR. SHEEDY: I thought it

14 was. Yes.

15 MS. LODES: Okay.

16 MR. WHITNEY: Yes. But

1'7 greenhouse gas reporting is metric.

18 MS. LODES: Mandatory

19 reporting rules in metric.

20 MR. WHITNEY: Yes.

21 MS. LODES: The Tailoring

22 Rule is in l which is what this is

23 subject to, is in English.

24 MR. WHITNEY: Well

25 DR. SHEEDY: Uh-huh. And

Page 55

1 do that.

2 MS. BRADLEY: Have we got

3 that Tailoring Rule?

4 DR. SHEEDY: No. I'm

5 sorry; I didn't bring a copy of the

6 Federal Register. But I do think

7 welre pretty much ~-

8 MR. BRANECKY: I think what

9 Mr. whitney is saying is if you

10 remove the TPY then it's --

II irregardlesB of what the units are

12 this is going to cover it. You're

13 going to have MACT .. you're talking

14 about mass amount of emissions

15 irregardless of whether itls metric

16 or English this is going to cover

17 it.

18 MS. LODES: And that makes

19 sense. My only question would be do

20 we cause a problem as to which units

21 it should be in for the Tailoring

22 Rule, if the Tailoring is in English

23 and the mandatory reporting rule is

24 in metric.

25 DR. SHEEDY: Well, would it

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Condensed Transcript

r".:<90:; 66

1 be--

2 MS. LODES" Which is

3 incredibly confusing to begin with.

4 DR. SHEEDY, Would it

5 MR. BRANECKY, Use whatever

6 is applicable.

7 DR. SHEEDY, You know, it

8 would be defined by the fact that

9 the threshold levels in the

10 Tailoring Rule are in tons -- you

11 know, just regular tons per year,

12 MR. HAUGHT, So if that's

13 the way it's written in Subchapter

14 8, is this with the TPY in there

15 then that would be appropriate. I

16 think the problem would be to put

17 this in Subchapter 1 and then later

18 on it refers to something else.

19 DR. SHEEDY, Yes. Because

20 Subchapter 1 applies to the whole

21 chapter

22 MR. HAUGHT: Subchapter 1

23 applies across the board and if --

24 and if the reporting does become

25 part of the state rUle in the

Page 6B

1 MS. BOTCHLET-SMITH: Okay.

2 Any further questions, comments, or

3 discussion?

4 MS. LODES: Seeing no

5 further questions or comments, the

6 Agency has asked that we adopt this

7 regulation and then we1ve got this

8 change to it. Do I have a motion?

9 MR. COLLINS, I'll make a

10 motion that we accept the proposed

11 amendments to OAC 252:100-8, 7, J,

12 and 1, General Provisions, and the

13 changes presented to Chapter 1,

14 Definition of Carbon Dioxide

15 Equivalent and the changes

16 distributed in the packet.

17 MS. LODES: Okay. I have a

18 motion. Do I have a second?

19 MR. HAUGHT, I'll second

20 it.

21 MS. LODES: 1 have a motion

22

23 (Comment for clarification)

24 MS. LODES: I have a motion

25 and a second. Myrna, would you

MR. HAUGHT, -- I would be

okay wi th it.

MS. LODES, Yeah. I agree

with Don. Let's just go ahead and

take it out.

DR. SHEEDY: Uh-huh.

MR. HAUGHT, without the

metric implication here refers to

the Engl ish.

Page 69

1 please call roll.

2 MS. BRUCE: Bob Lynch.

3 OR. LYNCH: Yes.

4 MS. BRUCE: Pete White.

5 MR. WHITE: Yes.

6 MS. BRUCE: David Gamble.

7 MR. GAMBLE: Yes.

8 MS. BRUCE: David Branecky.

9 MR. BRANECKY: Yes.

10 MS. BRUCE: Jim Haught.

11 MR. HAUGHT: Yes.

12 MS. BRUCE: Sharon Myers.

13 MS. MYERS: Yes.

14 MS. BRUCE: Gary Collins.

IS MR. COLLINS: Yes.

16 MS. BRUCE: Montelle Clark.

17 MR. CLARK: Yes.

18 MS. BRUCE: Laura Lodes.

19 MS. LODES: Yes.

20 MS. BRUCE: Motion passed.

21 MS. BOTCHLET-SMITH: Okay.

22 lItem Number SE Concluded)

Right. We I ve

Okay. Yeah.

Since welre

left it in .-

OR. SHEEDY: Okay.

MS. LODES, Because it

doesn't really add value otherwise.

DR. SHEEDY, And so then we

need to take it out again down at

the bottom.

DR. SHEEDY,

MR. HAUGHT,

not deleting the other --

DR. SHEEDY:

Page 67

future, then -- but the specific

reference for 8 which is where the

Tailoring Rule is does have the

definition in there; does have the

TPY in it --

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Page 70

STATE OF OKLAHOMA

COUNTY OF OKLAHOMA

C E R T I F I CAT E

)

ss:

Condensed Transcript

I, CHRISTY A. MYERS, Certified

Shorthand Reporter in and for the

State of Oklahoma, do hereby certify

that the above meeting is the truth,

the whole truth, and nothing but the

truth; that the foregoing meeting

was taken down in shorthand and

thereafter transcribed by me; that

said meeting was taken on the 19th

day of January, 2011, at Oklahoma

City, Oklahoma; and that I am

neither attorney for, nor relative

of any of said parties, nor

otherwise interested in said action.

IN WITNESS WHEREOF, I have

hereunto set my hand and official

seal on this, the 27th day of

January, 2011.

CHRISTY A. MYERS, C.S.R.

Certificate No. 00310

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OK L A HOM A

DEPART ME NT OF EN\'IR.ONMENT..4.l QUALITY

NAME and/or AFFILIATION

AIR QUALITY COUNCIL

Attendance Record

January 19,2011

Oklahoma City, Oklahoma

Address and/or Phone and/or E-Mail

.Y\c.X.Y5'. LC

=--_----'U=.::....;N'-"-'f!/::;....;;;C1=oB ft..uEs (?$OJ 76 7- 2.e~b.

~J'4u#-01:Jl2.5 7t/..Jjt;$1l frtlA('eJ.ftI{/"clm~b~k.N-,q{;A1t'/
OK 1 A HOM A DEP~RTME NT OF ENVIRONMENTAL GUALIT'l'

NAME and/or AFFILIATION

AIR QUALITY COUNCIL

Attendance Record

January 19,2011

Oklahoma City, Oklahoma

Address and/or Phone and/or E-Mail

U

/;P~CDj -b?Oj,""",-e~,e...:->~"""-~ _
TI-IE AIR QUALITY COUNCIL

~RULEMAK.tNGRECOMMENDATION

TOTHEENV~ONMENTALQUALITYBOARD

Identification of Proposed Rulemaking:

Chapter Number and Title: OAC 252:100

OAC 252:100-1. General Provisions [AMENDED]

OAC 252:100-3. Air Quality Standards and Increments [AMENDED]

OAC 252:100-7. Permits for Minor Facilities [AMENDED]

OAC 252:100-8. Permits for Part 70 Sources [AMENDED]

On January 19, 2011 > the members ofthis Council, by authority vested in them by the Oklahoma

Environmental Quality Code (27 O.S. Sec. 2-2-201), by roll call vote, recommended to the Environmental

Quality Board that the rulemaking described above be adopted as:

X permanent [take effect after legislative review]

emergency [temporary, to take effeet upon approval by the Governor because oftime]

This Council has considered the proposed rulemaking and comments about it and determined, to the best ofits

knowledge, that all applicable requirements ofthe Oklahoma Administrative Procedures Act have been followed,

This Council authorizes the Department to prepare this recommended rulemaking for the Board, making any changes

approved by the Council, correcting typographical, grammatical and reference errors, and formatting them as required

by the Office of Administrative Rules. This is to be done with the understanding that such changes shall neither alter

the sense ofwhat this Council recommends nor invalidate this reconunendation.

, .

(

Date Signed: 1-/"l- /I

VOTING TO VOTING ABSTAIN ABSENT

APPROVE AGAINST

David Branecky 1-

Montelle Clark 'i...

Gary Collins )(.

David Gamble 'tJim Haul!.ht Y.

Laura Lodes '/.

Robert Lvnch v..

Sharon Mvers

Pete White 'J.-
A Public Meeting:

REGULAR MEETING AGENDA

DEP~TMENT OF ENVIRONMENTAL QUALITY

OKLAHOMA ENVIRONMENTAL QUALITY BOARD

9:30 a.m. Friday, FebrualY 25,2011

DEQ Multipurpose Room

Oklahoma City, Oklahoma

Please turn offcell phones.

1. Call to Order - Brita Cantrell, Chair

2. Roll Call- Myrna Bruce, Secretary, Board & Councils

3. Approval of Minutes ofthe November 16, 2010, Regular Meeting

4. Election of Officers - Election ofChair and Vice-Chair for Calendar Year 2011

5. Rulemaking - OAC 252:100 Air Pollution Control

A. The DEQ proposes to amend Subchapter 5 by adding a new section at OAC 252: 100-5-2.3 that

would allow the Department to assess annual operating fees to certain area sources of hazardous

air pollutants. Additionally, the DEQ proposes to amend OAC 252:100-7, Part 2 and OAC

252: 100-8, Part 3 to increase permit application fees for both minor facilities and Part 70 sources.

B. The DEQ proposes to amend Subchapters 1,7, and 8 to ensure that State rules affected by recent

changes to the U.S. Environmental Protection Agency's (EPA's) policies and programs for

greenhouse gas (GHG) emissions are not perceived to be more stringent than the corresponding

federal requirements.

C. The DEQ proposes to amend Subchapter 3 by adding the annual and 24-hour fine particulate

matter (PM,.,) increments to OAC 252: 100-3-4, Significant deterioration increments.

Additionally, the DEQ proposes to amend Subchapter 8 to implement the New Source Review

(NSR) program for PM,., National Ambient Air Quality Standards (NAAQS), which includes

updating the incorporation by reference of certain federal rules from July I, 2009 to December

20,2010.

D. The DEQ proposes to revoke the existing Appendix A and replace it with a new Appendix A to

correct an inaccuracy pertaining to the allowable particulate matter emission rate for certain

incinerators.

E. The DEQ proposes to revoke the existing Appendix E and replace it with a new Appendix E to

maintain consistency with the NAAQS. Specifically, the nitrogen dioxide (NO,) and sulfur dioxide

(SO,) primary standards would be amended to reflect recent changes made by EPA.

• Presentation - Laura Lodes, Chair, Air Quality Advisory Council

• Questions and discussion by the Board

• Questions, conunents and discussion by the public

• Discussion and possible action by the Board, which may include roll call vote(s) on

permanent adoption
6. Rulemaking - OAC 252:302 Field Laboratory Accreditation

The DEQ proposes to adopt a new Chapter 302 in order to provide standards for accreditation of

privately and publicly owned laboratories for performance of analysis of wastewater. This new

Chapter would apply to laboratories accredited or applying to be accredited by the DEQ as a field

laboratory. A field laboratory is a small laboratory whose owner does not wish to participate in The

NELAC Institute accreditation standards in the proposed new Chapter 303 (TNI Laboratory

Accreditation) and is limited to analysis for pH, residual chlorine (total residual chlorine, free

chlorine, total oxidants or free oxidants), turbidity, temperature and dissolved oxygen.

• Presentation - Brian Duzan, Chair, Laboratory Certification Advisory Council

• Questions and discussion by the Board

• Questions, comments and discussion by the public

• Discussion and possible action by the Board, which may include roll call vote on permanent

adoption

7. Rulemaking - OAC 252:303 TNI Laboratory Accreditation

The DEQ proposes to adopt a new Chapter 303 to provide standards for accreditation of privately and

publicly owned laboratories for performance of analysis of water and wastewater, solid and hazardous

waste, soil, sludge and petroleum hydrocarbons. Chapter 303 would apply to laboratories accredited

or applying to be accredited by the DEQ consistent with The NELAC Institute (TN!) standards.

• Presentation - Brian Duzan, Chair, Laboratory Certification Advisory Council

• Questions and discussion by the Board

• Questions, comments and discussion by the public

• Discussion and possible action by the Board, which may include roll call vote on permanent

adoption

8. Rulemaking - OAC 252:301 Laboratory Accreditation

The DEQ proposes to revoke the current Chapter 30 I, Laboratory Accreditation, and replace it with

the new Chapter 303 in order to be consistent with The NELACI Institute (1NI) standards and for

ease of reference for the regulated community. In doing so, two subchapters in the current Chapter

30 I (Proficiency Testing and Quality Assurance/Quality Control) are proposed to be eliminated in

their entirety because TNI standards are to be incorporated by reference. The other subchapters will

be included but amended in the new Chapter 303 to come into compliance with TNI standards. This

revocation process is progressing in tandem with rulemaking for the new Chapter 303 (TNI

Laboratory Accreditation) as well as the new Chapter 302 (Field Laboratory Accreditation).

• Presentation - Brian Duzan, Chair, Laboratory Certification Advisory Council

• Questions and discussion by the Board

• Questions, comments and discussion by the public

• Discussion and possible action by the Board, which may include roll call vote on permanent

revocation

1 «NELAC" is the acronym for National Environmental Laboratory Accreditation Conference.

2
9. Rulemaking - OAC 252:410 Radiation Management

The DEQ proposes to awend Subchapter 5 (Certification of Industrial Radiographers), Subchapter 7

(Radiation Management Authorizations), Subchapter to (Radioactive Materials Program), Subchapter

II (Use of X-Rays and/or Particles for Therapeutic Purposes in the Healing Arts and Veterinary

Medicine). Additionally, the DEQ proposes to revoke the current Appendix A and replace it with an

amended Appendix A (Application and Annual Fee Schedule for Radiation Machines). The purpose

of the proposed amendments is to increase fees to meet program costs and to provide an annual fee

adjustment to assist in meeting rising costs to the DEQ for implementation of radiation management

programs.

• Presentation - Steve Woods, Chair, Radiation Management Advisory Council

• Questions and discussion by the Board

• Questions, comments and discussion by the public

• Discussion and possible action by the Board, which may include roll call vote on permanent

adoption

10. Rulemaking - OAC 252:606 Oklahoma Pollutant Discharge Elimination System (OPDES)

Standards

A. The DEQ proposes to amend its rules to increase OPDES annual fees and establish

OPDES permit application fees. (Subchapter 3; Appendices B, C, D, and E)

B. The DEQ also proposes to amend Chapter 606 to: (I) define categorical industries;

(2) allow certain stormwater and discharge monitoring report documents to be

submitted electronically, provided the submission meets federal requirements; (3)

require additional information in applications from facilities that generate or land

apply biosolids in the watershed of an Outstanding Resource Water; (4) move the

requirements for closure of a biosolids land application site to the biosolids

subchapter; (5) establish minimum control testing requirements for industrial

wastewater discharging facilities with permit limits for oxygen demanding substances

similar to the currently adopted control tests for municipal wastewater discharging

facilities (Appendix A); and (6) establish stream monitoring requirements for

industrial wastewater discharging facilities with permit limits for oxygen demanding

substances similar to the currently adopted stream monitoring requirements for

municipal wastewater discharging facilities.

C. The DEQ proposes to amend Subchapter I to update the date of incorporation by

reference of certain federal regulations from July 1,2009, to July 1,2010.

• Presentation - Lowell Hobbs, Chair, Water Quality Management Advisory Council

• Questions and discussion by the Board

• Questions, comments and discussion by the public

• Discussion and possible action by the Board, which may include roll call vote(s) on

permanent adoption

3
11. Rulemaking - OAC 252:611 General Water Quality

A. The DEQ proposes to establish application fees for certifications required to be issued

by the State pursuant to Section 401 of the Clean Water Act. Previously, the DEQ

reviewed applications for and issued these certifications at no cost to the regulated

community. Additionally, the DEQ proposes to have fees increase automatically each

year based on the rate ofinflation.

B. The DEQ proposes to amend its rules to update the date ofincorporation by reference

of certain federal regulations from July I, 2009, to July 1,2010.

• Presentation - Lowell Hobbs, Chair, Water Quality Management Advisory Council

• Questions and discussion by the Board

• Questions, comments and discussion by the public

• Discussion and possible action by the Board, which may include roll call vote(s) on

permanent adoption

12. Rulemaking - OAC 252:616 Industrial Wastewater Systems

The DEQ proposes to increase annual fees for industrial tank systems, surface

impoundments, and land application systems, and to make these fees applicable to all

industrial wastewater systems. Additionally, the DEQ proposes to establish a permit

application fee for industrial tank systems, surface impoundments and land application

systems.

• Presentation - Lowell Hobbs, Chair, Water Quality Management Advisory Council

• Questions and discussion by the Board

• Questions, comments and discussion by the public

• Discussion and possible action by the Board, which may include roll call vote(s) on

permanent adoption

13. Rulemaking - OAC 252:619 Operation and Maintenance of Non-Industrial Total

Retention Lagoon Systems and Land Application

The DEQ proposes to increase annual fees for non-industrial total retention lagoon systems

and land application sites covered by Chapter 619. The proposed rules include a waiver of

50 percent ofthe annual fee for public entities. Additionally the DEQ proposes to have the

fees increase automatically each year based on the rate ofinflation.

• Presentation - Lowell Hobbs, Chair, Water Quality Management Advisory Council

• Questions and discussion by the Board

• Questions, comments and discussion by the public

• Discussion and possible action by the Board, which may include roll call vote(s) on

permanent adoption

4
14. Rulemaking - OAC 252:621 Non-Industrial Flow-Through and Public Water Supply

Impoundments Inclu.dJng Land Application

The DEQ proposes to amend Chapter 621 to: (I) reduce the maximum slope of a wastewater

land application site from 10% to no more than 5%; (2) implement Senate Bi111695, enacted

during the 2010 legislative session, concerning ownership of shared sewage systems; (3)

remove references to total retention lagoons now covered in OAC 252:619; (4) replace the

words "flow-through" with "discharging" and "impoundments" with "lagoons" throughout

Chapter 621, including the Chapter title; and (5) amend the title of the fees section in Chapter

621, without changing the existing fee schedule.

• Presentation - Lowell Hobbs, Chair, Water Quality Management Advisory Council

• Questions and discussion by the Board

• Questions, comments and discussion by the public

• Discussion and possible action by the Board, which may include roll call vote(s)

on permanent adoption

15. Rulemaking - OAC 252:623 Pretreatment for Central Treatment Trusts

A. The DEQ proposes to establish a fee for the review and issuance of permits to

industries that discharge to a Central Treatment Trust [Oklahoma Ordnance Works

Authority (OOWA)]. Additionally, the DEQ proposes to increase fees automatically

each year based on the rate of inflation.

B. The DEQ proposes to amend Chapter 623 to update the date of incorporation by

reference of certain federal regulations from July 1,2009, to July 1,2010.

• Presentation - Lowell Hobbs, Chair, Water Quality Management Advisory Council

• Questions and discussion by the Board

• Questions, comments and discussion by the public

• Discussion and possible action by the Board, which may include roll call vote(s)

on permanent adoption

16. Rulemaking - OAC 252:624 Minor Public Water Supply Systems

The DEQ proposes to amend Chapter 624 to establish a fee schedule to help cover the costs

of operating the program, which has historically been supported entirely by appropriated

funds. Additionally, the Department proposes to have fees increase automatically each year

based on the rate of inflation.

• Presentation - Lowell Hobbs, Chair, Water Quality Management Advisory Council

• Questions and discussion by the Board

• Questions, comments and discussion by the public

• Discussion and possible action by the Board, which may include roll call vote(s) on

permanent adoption

5
17. Rulemakiug - OAC 252:626 Public Water Supply Construction Standards

A. The DEQ proposes to increase pelmitting fees for public water supply construction

permits and fees for household well inspections.

B. The DEQ proposes to amend the requirements for variances from construction

standards in this Chapter so that they are consistent with the proposed variance

requirements in OAC 252:656 (Water Pollution Control Facility Construction

Standards) and to provide additional options in obtaining valiances.

• Presentation - Lowell Hobbs, Chair, Water Quality Management Advisory Council

• Questions and discussion by the Board

• Questions, comments and discussion by the public

• Discussion and possible action by the Board, which may include roll call vote(s)

on permanent adoption

18. Rulemaking - OAC 252:631 Public Water Supply Operation

A. The DEQ proposes to amend Chapter 631 to modify annual fees for public water

supply systems.

B. The DEQ proposes to amend Chapter 631 to update the date of incorporation by

reference of certain federal regulations from July 1,2009, to July 1,2010.

• Presentation - Lowell Hobbs, Chair, Water Quality Management Advisory Council

• Questions and discussion by the Board

• Questions, comments and discussion by the public

• Discussion and possible action by the Board, which may include roll call vote(s)

on permanent adoption

19. Rulemaking - OAC 252:641 Individual and Small Public On-Site Sewage

Treatment Systems

The DEQ proposes to amend Chapter 641 to implement requirements of Senate Bill

1765, enacted during the 2010 legislative session, and which requires the person hiring

another to install an on-site sewage treatment system to certify in writing the actual

wastewater flow from the residence or business that the proposed system will serve.

Additionally, the proposed amendments implement Senate Bill 1695, also passed during

the 20 I0 legislative session, concerning ownership ofshared sewage systems.

• Presentation - Lowell Hobbs, Chair, Water Quality Management Advisory Council

• Questions and discussion by the Board

• Questions, comments and discussion by the public

• Discussion and possible action by the Board, which may include roll call vote(s)

on permanent adoption

6
20. Rulemaking - OAC 252:656 Waler Pollution Control Facility Construction Standards

A. The DEQ proposes to amend Chapter 656 to increase municipal wastewater

construction permit application fees.

B. The DEQ proposes to amend Chapter 656 to (I) implement legislation modifYing

27A O.S. § 2-6-401, effective April 2010, concerning ownership of shared sewage

systems; (2) make the reqnirement for variances from construction standards in this

Chapter consistent with the proposed variance reqnirements in Chapter 626 (Pnblic

Water Supply Standards) and provide additional options in obtaining variances; (3)

create Appendix E, which contains a county rainfall table that includes data from the

Oklahoma Geological Survey; and (4) update Chapter 656 concerning various

technical requirements related to construction standards.

• Presentation - Lowell Hobbs, Chair, Water Quality Management Advisory Council

• Questions and discussion by the Board

• Questions, comments and discussion by the public

• Discussion and possible action by the Board, which may include roll call vote(s)

on permanent adoption

21. Rulemaking - OAC 252:690 Water Quality Standards Implementation

A. The DEQ proposes to amend Chapter 690 to: (I) establish Appendix B as a list of

required minimum quantifiable levels; (2) require facilities that have Whole Effluent

Toxicity (WET) limits to pass three consecutive retests within a six-month period

following a WET testing failure; (3) require that WET retests cannot substitute for

regularly scheduled WET testing; (4) require that WET testing will continue once per

quarter for the life of the permit in the event of a sublethal test failure; and (5) clarify

that WET biomonitoring frequencies cannot be reduced during the first permit cycle.

B. The DEQ also proposes to amend Chapter 690 to: (I) allow DEQ to use site specific data

to produce a more accurate model for dissolved oxygen criteria; (2) establish secondary

body-contact recreational parameters for primary body-contact recreational water bodies

during winter months; (3) require industries with permit limits for oxygen demanding

substances to conduct control tests that are similar to those currently established for

municipalities; (4) require both municipalities and industries to report appropriate control

tests in accordance with federal regulations.

C. The DEQ proposes to amend Chapter 690 to update the date of incorporation by

reference of certain federal regulations from July I, 2009, to July I, 2010, and to

make other minor corrections and clarifications.

• Presentation - Lowell Hobbs, Chair, Water Quality Management Advisory Council

• Questions and discussion by the Board

• Questions, comments and discussion by the public

• Discussion and possible action by the Board, which may include roll call vote(s)

on permanent adoption

7
22. Executive Director's Report - Steve Thompson, DEQ Executive Director

23. New Business (Any matter not known about and which could not have been reasonably foreseen

prior to the time of posting of agenda)

24. Next meeting: June 14,2011, Enid, Oklahoma

25. Adjoumment

Public Forum - Following Adjoumment - The Board meets several times a year at different locations

across the State to hear the views and concems of all Oklahomans about environmental issues. This

opportunity is infonnal, and we invite you to sign the register to speak.

Shonld you desire to attend but have a disability and need an accommodation, please notify the DEQ

three days in advance at 405-702-7100. For hearing impaired, the TDD Relay Number is 1-800-722-

0353 for TDD machine use only.

Some members of the Board and senior staff members from DEQ wil\ meet for dinner in Oklahoma City

the evening of February 24, 2011. This is a social occasion. It is uncertain whether a majority of the

Board will be present, but no Board or DEQ business will be conducted.

8
TITLE 252. OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY

CHAPTER 100. AIR POLLUTION CONTROL

SUBCHAPTER 1. GENERAL PROVISIONS

SUBCHAPTER 3. AIR QUALITY STANDARDS AND INCREMENTS

SUBCHAPTER 7. PERMITS FOR MINOR FACILITIES

SUBCHAPTER 8. PERMITS FOR PART 70 SOURCES

Before the Air Quality Advisory Council on October 27, 2010 and January 19,2011

Before the Environmental Quality Board on February 25,2011

EXECUTIVE SUMMARY:

On January 2, 20 II, GHG became subject to regulation as an air pollutant under the federal

Clean Air Act. EPA's GHG tailoring rule (75 FR 31514, June 3, 2010) deferred applicability ofthe

Prevention ofSignificant Deterioration (PSD) and Part 70 (Title V) permitting programs for a large

number ofsmaller GHG sources. The tailoring rule raised the PSD and Part 70 permit threshold

levels from 100 or 250 tons per year (tpy) to 100,000 tpy CO, equivalent (CO,e) for GHG emissions

and sets a threshold of75,000 tpy CO,e ofGHG for PSD modifications. The proposed amendments

to Subchapter 8 will clarifY the deferral ofthe applicability ofthe PSD program in Part 7 and the Part

70 program in Part 5. The Department proposes to make this clarification by adding and amending

definitions in OAC 252:100-8-2 for Part 70 and in 252:100-8-31 for PSD to reflect the change in

pollutants subject to regulation and the higher GHG applicability thresholds contained in the GHG

tailoring rule.

The federal Clean Air Act does not require that minor source programs apply to GHG. The

Department is proposing to add a new section OAC 252: 100-7-2.1 to Subchapter 7 to clarifY that

GHG is excluded from the State's minor facility permitting program except if necessary to set

enforceable limits to keep GHG emission levels at a facility below the applicability threshold levels

for the PSD construction permit program and/or the Part 70 operating permit program.

As part of GHG amendments, the Department proposes to modifY OAC 252: 100-1-3 by the

addition of definitions of "greenhouse gas" or "GHG" and "carbon dioxide equivalent emissions"

or "CO,e." At this time the Department is also proposing to add the abbreviation ofcarbort dioxide

equivalent (CO,e) to OAC 252:1 00-1-4(a) and the acronym ofgreenhouse gas (GHG) to 252:100-1-

4(b). In addition some scrivener's errors in OAC 252:100-1-4 relating to units of measure,

abbreviations, and acronyms will be corrected.

It should be noted that the amendments to Subchapters 1, 8, and 7 regarding GHG do not make

any facility or source subject to GHG regulations, but only ensure that as far as GHG is concerned,

the State's permitting programs are not perceived to be more stringent than the corresponding federal

programs.

The Department proposesto modifY Parts 7 and 9 ofSubchapter 8 to incorporate EPA's PSD and

Nonattainment NSR implementation rule for the PM" National Ambient Air Quality Standards

(NAAQS) which were published in the FederalRegister on July 18, 1997 (62 FR38652) and revised

on October 17,2006 (71 FR 61144). Phase I ofthe NSR implementation rule was published in the

1
May 16, 2008 Federal Register (73 FR 28321) and phase 2 was published in the October 20, 2010

Federal Register (75 FR 64864). The proposed amendments will establish a major source

threshold, significant emissio~s rate, offset ratios for PM25, interpollutant trading for offsets,

applicability of NSR to PM25 precursors, Significant Impact Levels (SILs), and a Significant

Monitoring Concentration (SMC) that are consistent with those in the federal regulations set forth

in 40 CFR 51.165 and 40 CFR 51.166.

While the section is open for revision, the Department proposes to correct an error in the

definition of "major stationary source" in OAC 252:100-8-31 by changing the charging rate for

municipal incinerators in (A)(i)(XIV) ofthe definition from 50 tons ofrefuse per day to 250 tons of

refuse per day to match the federal definition at 40 CFR § 51.166(b)(l). The Department also

proposed to make some format and non-substantive language changesto Subchapter 8 for clarity (for

example PM dash lOis being replaced by PM subscript 10).

The Department is also proposing to modify Subchapter 3, Air Quality Standards and Increments,

to add the 24-hour and annual PM,s PSD increments to OAC 252:100-3-4. In conjunction with the

proposed amendment to Part 7 ofSubchapter 8, the amendment to Subchapter 3 will bring the State's

PSD program up to date with respect to PM,5 and will enable the Department to maintain its

delegated authority for the full NSR program.

DIFFERENCES FROM ANALOGOUS FEDERAL RULES:

The proposed substantive amendments to OAC 252: I00-1-3 and 252: 100-8-2,31,33,35,50.1,

51,51.1, and 52 echo the analogous federal GHGtailoringrule (75 FR 31514, June 3, 2010) and/or

the analogous federal PM,s NSR implementation rule (73 FR 28321, May 16,2008 and 75 FR

64864, October 20,2010). The proposed amendment to Subchapter 7 clarifies that the State's minor

facility permitting program does not apply to GHG emissions and is thus not more stringent than the

federal permitting programs.

ENVIRONMENTAL BENEFIT STATEMENT:

The proposed amendments to Subchapters I, 3, 7, and 8 are not more stringent than the

corresponding federal programs. Therefore, an Environmental Benefit Statement is not required.

COMMENTS:

See Attachment.

2
SUMMARY OF COMMENTS AND STAFF RESPONSES

FOR PROPOSED REVISION TO SUBCHAPTER 1, GENERAL PROVISIONS:

SUBCHAPTER 3, AIR QUALITY STANDARDS AND INCREMENTS: SUBCHAPTER

7, PERMITS FOR MINORFACILITIES: AND SUBCHAPTER 8, PERMITS FOR PART

70 SOURCES

COMMENTS RECEIVED PRIOR TO AND AT THE OCTOBER 27,2010

AIR QUALITY ADVISORY COUNCIL MEETING

Written Comments

The Air Permitting Forum (APF or the Forum) - E-mail received on October 25, 2010 from

Shannon S. Broome

I. COMMENT: Regarding greenhouse gas (GHG) reVISIOns to Subchapter 8, the Forum

recommended that DEQ include in the definitions of"subject to regulation" in OAC 252: 100-8-2

and 252:100-8-31 an "expiration" or "sunsetting" of the provisions regulating GHG under the

PSD and Title V programs, in light of the current litigation challenging EPA's decision to

regulate GHG under the federal Clean Air Act.

RESPONSE: Staff feels that the problem pointed out by the Forum is already resolved by the

introductory language to the definitions of "subject to regulation." As a result if a court was to

invalidate for any reason the underlying applicable regulation that makes GHG regulated, then

GHG would automatically not be contained in the definition ofsubject to regulation. However,

to make the rule very clear on the matter, we have added "rescission" or "sunsetting" language

to the definitions of "subjectto regulation" in OAC 252: 100-8-2 and 252: 100-8-31 to stress that

the State's GHG permitting requirements will not exceed those of EPA.

2. COMMENT: Regarding GHG revisionsto Subchapter 8, the Forum also stated that Oklahoma's

(and EPA's) definition ofthe term "regulatedNSRpollutant" in OAC 252: 100-8-31 includes not

only "any pollutant that otherwise is 'subject to regulation' under the Act" but also "any pollutant

for which a NAAQS has been promulgated" and "any pollutant that is subject to any standard

promulgated under section III ofthe Act." EPA has received petitions to issue a NAAQS for

GHGs, and EPA is also in the process of adopting NSPS for certain source categories under

section III that would regulate GHGs. The "subjectto regulation" qualifier, however, is not part

ofthe "regulated NSR pollutant" definition for NAAQS and NSPS, which means that if EPA

proceeds to issue a NAAQS or NSPS covering GHGs, the thresholds in the "subject to

regulation" definition would no longer apply. One way to address this problem would be for the

Department to limit subsections (A)(i) [for NAAQS] and (A)(ii) [for NSPS] ofits definition of

regulated NSR pollutant not to include GHGs above the thresholds specified in the "subject to

regulation" definition. This could be accomplished by adding a new subsection (B)(iii) to the

definition that would state "regulated NSR pollutant does not include ... (iii) GHGs emitted

below the thresholds in Subparagraphs (C) through (E) in the definition ofthe term 'subject to

regulation' in this section." This approach would give Oklahoma time to address any regulation

ofGHGs under the NSPS or NAAQS rules ifEPA proceeds with such rulemakings.

1
RESPONSE: Staff will give further consideration to this comment before the permanent

rulemaking is proposed in January 20 II.

RESPONSE UPDATED JANUARY 4, 2011: Staff agrees that there appears to be some

ambiguity in the definitien of "regulated NSR pollutant." The federal and proposed State

definitions are substantively the same. By definition any pollutant that is subject to any standard

promulgated under section III ofthe federal Clean Air Act is a "regulated NSR pollutant." The

definition of "regulated NSR pollutant" also references the definition of "subject to regulation,"

which states that GHG is subject to regulation only ifGHG emissions from a source exceed the

PSD GHG applicability thresholds of75,000 tpy CO,e for modifications or 100,000 tpy C02e

for new sources. It is unclear which definition would take precedence if an NSPS for GHG is

promulgated. However, this is a national problem and Staffprefersto allow EPA the opportunity

to claritY the relationship between "regulated NSR pollutant" and "subject to regulation." EPA

has announced their intention to propose NSPS and emission guidelines for GHG emissions from

electric generating units and refineries in 2011 and to finalize these standards in 2012. This

gives the Department time to address the problem, ifit is not resolved by EPA, before any NSPS

for GHG becomes effective.

EPA Region 6 - Fax received on October 26, 2010 from JeffRobinson, Chief, Air Permits Section

3. COMMENT: Mr. Robinson expressed support ofthe proposed emergency rule revisions to

Subchapters I, 7, and 8 relating to GHG emissions and encouraged the Department to

expeditiously adopt the revisions as proposed to implement the GHG tailoring rule provisions

by January 2,2011.

OIPA (Oklahoma Independent Petroleum Association) and MOGA (Mid-Continent Oil and

Gas Association of Oklahoma) - E-mail received on October 26,2010 from Angie Burckhalter,

V.P. Regulatory Affairs, OIPA and Michael Bernard, President, MOGA

4. COMMENT: OIPA and MOGA expressed concern that ifthe GHG requirements are vacated

or delayed at the federal level, it would appear that the proposed revisionsto Subchapter 8 would

still require regulated entities in Oklahoma to comply with DEQ's GHG requirements. This

would place Oklahoma in an economic disadvantage to otherstatesthat may not have GHG rules

in place or that have language in place to address such a situation. OIPA and MOGA

recommend that DEQ include language in the rules that would address this issue.

RESPONSE: Staff does not believe this is the case, but to make the rule very clear on the

matter, "rescission" or "sunsetting" language has been added to the definitions of "subject to

regulation" in OAC 252:100-8-2 and 252:100-8-31 to stress that the State's GHG permitting

requirements will not exceed those of EPA.

5. COMMENT: OIPA and MOGA pointed out that the State of Texas raised some significant

questionsregarding state'sright as itrelatesto an expedited GHG rule implementation in relation

to the SIP revision process under the CAA Section 166(a), the normal SIP revisions procedures

under Section 110, and EPA's authority to impose a FIP on GHG without finding that a state has

failed to make a required submission. They suggested that DEQ carefully consider these issues

before moving forward with GHG regulations.

2
RESPONSE: Staffis aware ofthe Texas letter and awaits EPA's response to it with interest.

However, stafffeels it is in the best interest ofthe GHG emitting sources in Oklahoma to provide

the protections afforded by the GHG tailoring rule in the event that EPA prevails. This proposed

revision is an emergency"role and as such is temporary and will not become part ofthe State's

SIP. The hearing on the permanent rulemaking regarding GHG was continued at the October

27,2010 Council meeting until the January 2011 Council meeting. Staffhopes that by that time

some ofthe issues surrounding GHG permitting will be resolved. Staffwill amend the current

proposed GHG rule revisions as appropriate prior to that meeting.

RESPONSE UPDATED JANUARY 19,2011: Staffis aware ofthe Texas letter and awaits

EPA's response to it with interest. However, staff feels it is in the best interest ofthe GHG

emitting sources in Oklahoma to provide the protections afforded by the GHG tailoring rule in

the event that EPA prevails.

6. COMMENT: OIPA and MOGA recommended that OAC 252:100-7-2.1, relating to minor

permitsfor GHG emitting facilities, be modified by the addition of "but are not limited to" in the

last sentence so that it reads: "Physical or operational limitations may include, but are not

limited to, air pollution control equipment, restrictions on hours ofoperation, and/or restrictions

on the type or amount ofmaterial combusted, stored, or processed."

RESPONSE: Staff agrees with this request and the suggested language has been added to the

rule.

Oral Comments at the Council Meeting

Steve Mason, DEQ Board Member commented at the October 27, 2010 Air Quality Advisory

Council meeting.

7. COMMENT: Mr. Mason asked why a permanent rule was not linked to the proposed GHG

emergency revisions to Subchapter 8. Mr. Mason also stated that the Board could consider an

emergency rule without a permanent rule submitted at the same time.

RESPONSE: A permanent rule is being proposed separately, however, the Department

requested that the Council continue the hearing on the permanent rule proposal to its January

2011 Council meeting. This will allow the inclusion of EPA's PM25 PSD implementation

requirements in the same proposal. In October, EPA promulgated the last part ofits PM25 rules

so these recent changes could not be included in the proposed rule for the October 2010 Council

meeting. Because the GHG modification and the PM25 modification change the same section

(OAC 252: 100-8-31) and even the same definition ("Regulated NSR Pollutant"), the GHG, and

PM25 modifications must be processed together or the PM25 modification could be delayed by

a year.

8. COMMENT: Mr. Mason stated that Texas sent a letter to EPA refusing to promulgate GHG

rules and questioning EPA's authority to regulate GHG under the federal Clean Air Act. Mr.

Mason wondered ifTexas wasjust not going to promulgate GHG rules and asked ifOklahoma

has that opportunity also.

3
RESPONSE: It is our understanding that Texas is taking the position that EPA does not have

the authority to regulate ORO and intends to litigate the issue. After looking at a lot ofdifferent

scenarios, Stafffelt that DEQ owes it to the regulated community to provide some clarity on

ORO permitting and to have an avenue for them to continue to obtain necessary permits from

DEQ instead ofEPA. The ORO tailoring rule does not require that sources obtain PSD or Part

70 permits. That is required by other existing federal and State rules and regulations and will

automatically occur when ORO becomes a pollutant subject to regulation on January 2, 20 II.

The ORO tailoring rule exempts a large number ofsmaller ORO sources from the requirement

to obtain PSD and Part 70 permits by raising the applicability thresholds for ORO in the PSD

and Part 70 programs. The proposed emergency rule change to Subchapter 8 includes a

rescission provision to address subsequent legislative orjudicial actions on ORO and to ensure

that the State's ORO permitting requirements will not exceed those of EPA.

Angie Burckhalter, V.P. Regulatory Affairs, OIPA commented at the October 27, 2010 Air

Quality Advisory Council meeting.

9. COMMENT: Ms. Burckhalter repeated the request she made in the October 26,2010 e-mail

from OIPA and MOOA. She asked that the last sentence in new Section OAC 252:100-7-2.1

be revised to include "but are not limited to." The sentence would read: "Physical or operational

limitations may include, but are not limited to, air pollution control equipment, restrictions on

hours of operation, and/or restrictions on the type or amount ofmaterial combusted, stored, or

processed.

RESPONSE: The requested change has been made to 252:100-7-2.1.

Grover Campbell with Chesapeake Energy commented at the October 27, 2010 Air Quality

Advisory Council meeting.

10. COMMENT: Mr. Campbell stated that one ofthe reasons to add the language suggested byMs.

Burckhalter is that energy efficiency will be one of the main BACT requirements for ORO

emiSSIOns.

COMMENTS RECEIVED PRIOR TO AND AT THE JANUARY 19,2011

AIR QUALITY ADVISORY COUNCIL MEETING

Written Comments

EPA Region 6 - Letter received via email on January 18,2011, from Jeff Robinson, Chief, Air

Permits Section

II. COMMENT: Mr. Robinson encouraged the Department to expeditiously adopt the proposed

ORO modifications to Subchapter 8 as permanent rules. Re did not comment on the ORO

modification to SUbchapter 7 or the PM2s modifications to Subchapters 3 and 8.

Oral Comments at the Council Meeting

4
Don Whitney, Trinity commented at the January 19, 2011 Air Quality Advisory Council

meeting.

12. Comment: Mr. Whitney suggested that TPY should be left out of the definition of carbon

dioxide equivalent that the Council requested be added to OAC 252: 100-1-3. Mr. Whitney felt

that would make it a more flexible definition that could apply not only to GHG emissions in the

PSD and Part 70 programs in Subchapter 8, but to any rule that applies to or references the

federal GHG reporting requirements which require that GHG emissions be reported in metric

tons.

RESPONSE: Staff agreed and the change was made as suggested by Mr. Whitney.

5
October 26, 20 I0

Mr. Eddie Terrill, Director

Air Quality Division

Oklahoma Department of Environmental Quality

707 N. Robinson

Oklahoma City, OK 7310 I

Re: ODEQ's Proposed Rulemaking Regarding OAC 252:100-1 (Definitions), OAC 252: I00-5

(Registration, Emission Inventory and Annual Operating Fees), OAC 252: I00-7 (Permits

for Minor Facilities), and OAC 252:100-8 (Permits for Part 70 Sources)

Dear Mr. Terrill:

The Oklahoma Independent Petroleum Association (OIPA) and the Mid-Continent Oil and Gas

Association (MOGA) are providing comments in regards to the Oklahoma Department of

Environmental Quality's (ODEQ's) proposed changes to OAC 252:100.

We greatly appreciate tlle opportunity to provide input into ODEQ's rulemaking process, and the

following information provides our comments.

General:

I. ODEQ is proposing to include greenhouse gas (GHG) regulations in its rules based on ilie

new federal GHG requirements. If the GHG requirements are vacated or delayed at the

Federal level, it would appear iliat regulated entities in Oklahoma would still be required to

comply with ODEQ's GHG requirements. This would place Oklahoma in an economic

disadvantage to otiler states that may not have GHG rules in place or witil states tilat have

language in place to address such a situation. We recommend ODEQ include language in the

rules iliat would address tilis issue if it were to occur.

2. ODEQ is proposing rules to regulate GHGs based on new federal regulations under

Subchapter 7 and 8. It is assumed GHGs would be considered a regulated pollutant under

Subchapter 5 as no language has been proposed to exclude tilose pollutants in OAC 252:IODS-I.I (see definitions of "Regulated pollutant (for fee calculation)"). In addition, minor

sources would be paying for every ton ofGHG generated as OAC 252: I 00-5-2.2(d) does not

provide any limitations on regulated pollutants from minor sources as compared to tile

limitations provided for Part 70 sources. We request ODEQ include language exempting

GHGs from annual operating fees.

3. In reviewing tile August 2, 2010 letter from tile State ofTexas to EPA, Texas raises some

significant questions regarding a state's right as it relates to an expedited GHG rule

implementation in relation to the State Implementation Plan (SIP) revision process under tile

CAA Section 166(a), the normal SIP revisions procedures under Section 110, and EPA's

authority to impose a Federal Implementation Plan on GHG without finding that a state has
failed to makc a required submission. We think ODEQ should caIefully consider these

issues before moving forward with GHG regulations.

Specific Comments

252:100-5-2.3. Annual operating fees for toxics emissions (regulated toxic air pollutants).

I. It is not clear from the rule impact statement the amowlt offunds currently being generated

for the toxics program, what the proposed fees and increases will generate for each item

listed, and tile total amo~mt offunds tile proposed rule is expected to generate. We request

this information be made public.

2. In regards to OAC 252: I 00-5-2.3(b)(6), ODEQ is proposing an annual operating fee of

$250; however, on page 4 oftile rule impact statement, it states these sources would pay an

annual fee of $250-$750. We request ODEQ clarify this issue.

3. EPA's area source NESHAP has required the permitting of many small sources in rural areas

where health impacts are minimal. What is the basis for ODEQ's proposal to raise annual

operating fees for toxics on minor sources from $25.12 to $50 per ton?

252:100-7-2.1. Minor permits for greenhouse gas (GHG) emitting facilities. We recommend

the following text be added to the last sentence of this section as follows:

"Physical or operational limitations may include, but are not limited to, air pollution

control equipment, restrictions on hours of operation, and/or restrictions on the type or

amount ofmaterial combusted, stored, or processed."

Again, we appreciate the opportunity to provide comments on ODEQ's proposed rules. Thank

you in advance for your consideration ofthese matters.

Sincerely,

t1 )c;<ia' ;:..-.« ., rt.M/L~ / A ie' ButcRlialter

V.P., Regulatory Affairs

Oklahoma Independent

Petroleum Association

President

MID-CONTINENTOILANDGAS LJtJ ASSOCIATION OF OI<UJ!OMA

2
IINiTEI) STATES t:.NVIRONMENTAL PHOTECTION AGENCY

FlEGIONf

'1445 HOSS i\VEI'JUE, SUI fL lo::{)(j

DALLAS TX 7S20?· ~.) 7<13

JAN 1 82011

Oklahoma Department of Environmental Quality

Air Quality Division

P.O. Box 1677

Oklahoma City, OK 73101-1677

AITN: Ms. Cheryl Bradley

RE: EPA Comments on Proposed Revisions to the Oklahoma Air Pollution Control Rules to

Implement GHG Tailoring Rule

Dear Ms. Bradley:

Thank you for providing us the opportunity to review and comment on the proposed revisions

to the Oklahoma Air Code, TItle 252, Chapter 100, Subchapter 8, Parts 5 and 7. The proposed

rulemaking revises the Oklahoma PSD and title V programs to establish the greenhouse gas-specific

permitting thresholds in EPA's final rule "Prevention of Significant Deterioration and Title V Greenhouse

Gas Tailoring Rule" published on June 3,2010 (see 75 FR 31514).

We are supportive ofthe proposed rule revisions. We encourage the Oklahoma Department of

Environmental Quality (ODEQ) to expeditiously adopt these revisions as proposed to permanently

implement the GHG Tailoring Rule provisions in the State of Oklahoma.

We look forward to working with you this year as you promulgate and implement these GHG

Tailoring Rule revisions. Please note that our comments today do not constitute final determinations

concerning approvability of the revisions to the Oklahoma State Implementation Plan or Part 70

Program. Additionally, our comments do not address the proposed rule revisions to implement PM2.5

permitting requirements or the revisions to the Oklahoma Minor Source Permitting Program.

We appreciate the timely efforts by the ODEQ to update the PSD and title V programs and its

willingness to consult EPA Region 6 throughout this process. We look forward to future collaboration

with ODEQ on the implementation of the GHG Tailoring Rule. If you have any questions about the GHG

Tailoring Rule, or about EPA's review of your proposed rule making, please feel free to contact me at

214-665-6435 or contact Ms. Adina Wiley of my staff at 214-665-2115.

Jeff Robinson

Chief

Air Permits Section

1I,:ernsl Adch>~',b (URL) • !lUpI/WWW &pa.>1cw;rllgbn6

Re.cI/CledIRacV'clllbli! I Pr;"ted wH~' V€l'Jr;·,di-,I., Oi' Ba;wd Inks nn "100f,') ~-~f1eVr;!;;;cJ f\1P·".!I', Pr(.c,e.,,:;. G!1!O'"11\1_ f't0e
Comments of the Air Permitting Forum on Proposed Changes to OklahoJ1la's

Prevention of-Significant Deterioration and Part 70 Regulations to

Implement EPA's Greenhouse Gas Tailoring Rule

The Oklahoma Department of Environmental Quality (DEQ) has prepared a

rulemaking proposal to address the U.S. EPA's decision to regulate greenhouse gases

(GRGs) from stationary sources under the Prevention of Significant Deterioration (PSD)

construction permit program and the Title V (Part 70) operating permit program. These

proposed changes would incorporate EPA's Tailoring Rule provisions that raise the

major source threshold to 100,000 tons per year (tpy) carbon dioxide equivalents (C02e)

and the PSD significance level to 75,000 tpy C02e. In addition, DEQ proposes to clarify

that GRGs are not regulated under the minor new source review permitting provisions in

the state unless a source voluntarily wishes to accept a limit on its GRG emissions.

The Air Permitting Forum (APF or Forum) is a trade association that focuses on

implementation of Clean Air Act permitting and other environmental requirements.

Forum members operate facilities in Oklahoma and therefore are affected by the

proposed regulations.

The Forum appreciates that DEQ is trying to ensure that facilities in Oklahoma

will not become subject to permitting at a major source level of 100 tpy or 250 tpy and

that modifications will not be subject to a 0 tpy significance level. At the same time, we

believe that DEQ could interpret its regulations such that only criteria pollutants can

trigger PSD although pollutants "subject to regulation" would be subject to the best

available control technology requirement. Since DEQ has indicated however that it is

interpreting its rules to allow GRGs to trigger PSD, it would also be appropriate for DEQ

to include in its rules a an "expiration" or "sunsetting" ofthe provisions regulating GRGs

under the PSD and Title V program in light of the current litigation challenging EPA's

decisions to regulate greenhouse gases under the Clean Air Act.

As DEQ is surely aware, US EPA has taken several actions that have led to the

federal Tailoring Rule establishing the 100,000 ton per year C02e threshold for major

sources under PSD and Title V and the 75,000 ton per year significance level. Each of

these actions is being challenged in the U.S. Court of Appeals for the D.C. Circuit. These

challenges raise several issues, most important of which for this proposed rule are

whether GRGs are intended to be within the term "subject to regulation" and whether

GRGs can trigger the requirement to obtain a PSD permit when EPA has not even

established a NAAQS for GRGs. The validity of EPA's actions will be judged by the

courts over the course of the next year. In addition, on September 15,2010, a motion to

stay the stationary source effects of the GRG rules was also filed seeking to prevent the

triggering ofPSD and Title V until EPA's authority can be addressed by the courts.

In light of these pending actions, it is important that the state's adoption of the

EPA Tailoring Rule thresholds not put it in a position where the federal government is

not implementing the tailoring rule but DEQ is forced to follow its own regulations

applying those thresholds and regulating greenhouse gases under the stationary source
programs. We recommend, therefore, that the DEQ include a provIsIOn 111 the

regulations directly that-conditions the application of PSD and Title V to stationary

sources within the state~ on the continued validity of the provisions at the federal level.

For example, the following language could be included at the end of the "subject to

regulation" definition to ensure that the state is not implementing PSD or Title V for

GHGs in such a case:

The provisions ofthis rule establish specified thresholds for determining if

a source is major and if an increase in emissions is significant under these

rules. The determination that these rules require SOurces to obtain a permit

for GHG emissions is contingent on the continued implementation of the

federal determination that GHG emissions can trigger the requirement to

obtain a permit under Part C of Title I or under Title V of the federal

Clean Air Act. If a court stays or otherwise invalidates applicability of

Part C of Title I or Title V to stationary sources of GHGs, these

regulations shall not operate to require stationary source permits for such

sources beyond the extent to which the court validates and authorizes

implementation of the federal rules.

This provision (or a provision like it) is especially important to the extent that EPA acts

on a proposed state implementation plan or part 70 program revision. Under General

Motors Company v. U.S., 496 U.S. 530 (1990), and a new case U.S. v. Cinergy, Nos.

09/3344,09-3350, 09-3351, Slip Op. (7'h Cir. Oct. 12,2010), even if a state revises its

regulations, unless the EPA has actually acted to approve the SIP revision, the existing

SIP regulations are enforceable. This is why EPA has stated its commitment to act

quickly on these tailoring rule SIP revisions. If EPA does approve these state rules into

the SIP quickly, however, and EPA's rules are later determined to have inappropriately

imposed PSD and Title V on stationary sources of GHGs, sources in this state will be

forced to comply with these rules until the state adopts a revision and EPA approves that

revision. Given the current SIP backlog and EPA's desire to regulate GHGs under the

Clean Air Act, it is likely that EPA action on SIP revisions to eliminate GHG regulation

will take much longer than its revisions to ensure GIiGs will be regulated. By including

a sunsetting provision in the regulation itself, EPA's initial action to approve regulating

GHGs under this state's SIP will be self-limiting.

Such a provision will place Oklahoma in the same position as a state that is

delegated for PSD and is therefore implementing the federal rules. Moreover, it will

prevent any later claims that eliminating GHGs from regulation under PSD in this state

might constitute backsliding. Finally, we note that several other states are looking at

similar provisions and Colorado adopted one last week. The Colorado provision that was

adopted states:

If there is a change in federal law or the District ofColumbia Circuit Court

of Appeals or the United States Supreme Court directs or issues an order,

which limits or renders ineffective the regulation of GHG emissions at

stationary sources under the New Source Review Prevention of Significant
Deterioration (PSD) or Title V provisions of the Federal Act, the

regulation of GOO emissions under the corresponding programs in this

Regulation Numoer 3 shall be limited or rendered ineffective to the same

extent.

We strongly encourage the Department to ensure that if the federal application of PSD

and/or Title V to GHGs is stayed or otherwise abated, the DEQ's rules will automatically

be limited in the same manner.

Finally, we want to raise an issue that should be considered for the permanent

rulemaking to the extent it cannot be addressed now. Oklahoma's (and EPA's) defInition

of the term "regulated NSR pollutant" includes not only "any pollutant that otherwise is

'subject to regulation' under the Act" but also "any pollutant for which a NAAQS has

been promulgated" and "any pollutant that is subject to any standard promulgated under

section III of the Act." EPA has received petitions to issue a NAAQS for GHGs and

EPA is also in the process of adopting NSPS standards for certain source categories under

Section III that would regulate GHGs. The "subject to regulation" qualifIer however is

not a part of the "regulated NSR pollutant" defInition for NAAQS and NSPS, which

means that if EPA proceeds to issue a NAAQS or NSPS covering GHGs, the thresholds

in the "subject to regulation" defmition would no longer apply. One way to address this

problem would be for the Department to limit subsections (A)(i) [for NAAQS] and

(A)(ii) [for NSPS] ofits defInition ofregulated NSR pollutant not to include GHGs above

the thresholds specifIed in the "subject to regulation" defInition. This could be

accomplished by adding a new subsection (B)(iii) to the defmition that would state

"regulated NSR pollutant does not include ... (iii) GHGs emitted below the thresholds in

Subparagraphs (C) through (E) in the defmition of the term 'subject to regulation' in this

section." This approach would give Oklahoma time to address any regulation of GHGs

under the NSPS or NAAQS rules ifEPA proceeds with such rulemakings.

The Forum appreciates the opportunity to submit these comments and requests

that any questions be directed to Shannon Broome, Executive Director, Air Permitting

Forum at 510-985-1710 or sbroome@pacbell.net.
Volume28

Number 19

June 15,2011

Pages 1079 - 1880

The

Oklahoma

Oklahoma

Secretary of State

Office ofAdministrative Rules
(B) Ifvoters in the district are not eligible to vote in

another election on the same date, ~F8eBea te tfte Hent

~the request to close the split orecinct shall be approved.

W Upon receiving a request to close a split precinct in

which 100 or fewer voters arc registered at addresses within

the district's boundaries and when some voters in the precinet

are not assigned to a sehoal district in the Street Guide. the

Secretary of the County Election Board shall follow these

steps to approve or disapprove the request.

ill Follow the steps outlined in (b) !l) and (2) ofthis

Section. then proceed with the following steps.

(~l) Send a copy of the Registered Voter Mailing List

or ofa Precinet Registry for the precinct and a copy ofthe

precinet map showing the district's boundary to the district

superintendent.

(4-J) The superintendent shall be required to examine

the residence addresses of voters in the precinct who are

not assigned to a school district. The superintendent shall

mark the list to indieate whieh voters, if any, are believed

to be registered at addresses loeated within the boundaries

ofthe district. The superintendent shall return the marked

list to the Seeretary of the County Election Board within

five business days.

(~) Upon receiving the list of unassigned voters back

from the superintendent, the Secretary shall eount the

voters marked by the superintendent. Add the number of

voters marked on the list to the number of voters assigned

to the school distriet by 9liMS MESA.

(A) Ifthe total number is 100 or less, the precinct

may be closed for the election.

(B) Ifthe total number is more than 100, the request

must be denied and the precinct must remain open for

the election.

(e) Even if the number is 100 or less, the preeinct

must remain open if voters in the district are eligible

to vote in another election in the precinct on the same

date.

(6) The Secretary shall notilY district officials whether

the precinct will be closed or must remain open.

(+-.2) The Secretary shall prepare and mail to each voter

identified in the distriet a notice that the precinet will be

closed for the election. A yellow application for absentee

ballots shall be enclosed with the notice, as well as information about in-person absentee voting for the eleetion.

These notices shall be mailed to voters not less than 30

days prior to the election.

(&-1) The Secretary shall monitor voter registration activity in the precinct. If a new voter is assigned by O~MS

in the Street Guide to the school or technology center district in the split preeinct, the Seeretary shall mail the notice

and information deseribed in f&H§Lofthis subsection to

the new voter immediately.

[OAR Docket #11-765;jiled5-24-11]

Permanent Final Adoptions

TITLE 252. DEPARTMENT OF

ENVIRONMENTAL QUALITY

CHAPTER 100. AIR POLLUTION CONTROL

[OAR Docket #1l-698}

RULEMAKING ACTION:

PERMANENT final adoption

RULES:

Subchapter I. General Provisions

252:100·1·3. Defmitions [AMENDED]

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

Subchapter 3. Air Quality Standards and Inerements

252: 100-3-4. Significant deterioration increments [AMENDED}

SUbchapter 7. Permits for Minor Facilities

Part I. General Provisions

252; 100-7-2.1. Minor permits for greenhouse gas (GHG) emitting

facilities [NEW]

Subchapter 8. Permits for Part 70 Sources

Part 5. Permits for Part 70 Sources

252; 100-8-2. Definitions [AMENDED]

Part 7. Prevention of Significant Deterioration (PSD) Requirements for

Attainment Areas

252; 100-8-31. Definitions {AMENDED)

252:100-8-33. Exemptions [AMENDED]

252:100-8-35. Air quality impact evaluation [AMENDED]

Part 9. Major Sources Affecting Nonattainment Areas

252: 100-8-50.1. Incorporation by reference [AMENDED]

252: 100-8-51. Definitions (AMENDED]

252: I00-8-51.1. Emissions reductions and offsets [AMENDED]

252: 100-8-52. Applicability determination for sources in attainment areas

causing or contributing to NAAQS violation [AMENDED]

AUTHORITY:

Environmental Quality Board and Air Quality Advisory Council powers

and duties, 27A 0.S.,§§2-2-101, 2-2-201; and Oklahoma Clean Air Act, 27A

O.S., §§2-5-101 er seq.

DATES:

Comment period:

September 15, 2010 through October 27,2010

December 15, 2010 through January 19, 2011

February 25, 2011

Public hearings:

October 27, 2010

January 19,2011

February 25, 2011

Adoplion:

February 25, 2011

Submitted to Governor:

Mareh4,2011

Submitted to House:

March 4, 2011

Submitted to Senate:

March 4, 2011

Gubernatorial approval:

April 12, 2011

Legislative approval:

Failure ofthe Legislature to disapprove the rule(s) resuhed in approval on

May 3,2011

Final adoption:

May 3, 2011

Effective:

July 1,2011

SUPERSEDED EMERGENCY ACTIONS:

Superseded rules:

Subchapter I. General Provisions

252: 100-1-3. Definitions [AMENDED]

Subchapter 8. Permits for Part 70 Sources

Part 5. Permits for Part 70 Sources

252:100-8-2. Definitions [AMENDED]

Part 7. Prevention of Significant Deterioration (PSD) Requirements for

Attainment Areas

252:100-8-31. Definitions [AMENDED]

June 15, 2011 "79 Oklahoma Register (Volume 28, Number 19)
Permanent Final Adoptions

Gubernatorial approval:

December 27, 2010

Register publicalion:

28 Ok Reg 443

Docket number:

11~27

Superseded rules:

Subchaplcr 7. Permits for Minor Facilities

Part 1. General Provisions

252:100-7-2.1. Minor permits for greenhouse gas (OHO) emitting

facilities [NEW]

Gubernatorial approval:

December 27, 2010

Register publication:

28 Ok Reg 458

Docket number:

11-26

INCORPORATION BY REFERENCE:

Ineorporaled standards:

40 CFR § 51.165(30)(1) with some exceptions, as itcxist.s on July 1, 2010

40 CFR § 51.165(30)(9), dealing with offset ratios, not added or amended as

it exists on July I, 2010

40 CFR § 51.165(b), as it exists on December 20, 2010

Incorporating rules:

252: 100-8-50

252:100-8-51

252: 100-8-52

Availability:

The standards are on file at the Department ofEnvironmental Quality, 707

North Robinson, Oklahoma City, Oklahoma, 73102, and are available to the

public for examination Monday through Friday between the hours of8:00 a.m.

and 4:30 p.m.

ANALYSIS:

Greenhouse gases (GHG), an aggregate group ofsix gases (carbon dioxide,

nitrous oxide, methane, hydrotluorocarbons, perfluorocarbons, and sulfur

hexatluoride), became subject to regulation as an air pollutant on January 2,

2011, when the U.S. Environmental Protection Agency (EPA) and the federal

Department ofTransportalionjoim-light duty vehicle GHG emission standards

became effective. The proposed amendments to Subchapter 8 will clarifY

the deferral ofthe applicability of the Prevention of Significant Deterioration

(PSD) program in Part 7 and the Part 70 program (Title V) in Part 5 for a large

number of smaller GHG sources. The proposed modifications mirror the

federal GHG tailoring rule (75 FR 31514, June 3, 2010) that raised the PSD

and Part 70 permit threshold levels from 100 or 250 tons per year (lpy) to

100,000 tpy CO2 equivalent (C02e) for GHG emissions and set a threshold

of 75,000 tpy C02e of GHG for PSD modifications. The Department is

proposing to make this clarification by adding and amending definitions in

OAC 252:100-8-2 for Part 70 and in 252:100-8-31 for PSD to retleet the

change in pollutants subject to regulation and the higher GHG applicability

thresholds contained in the GHG tailoring rule.

The federal Clean Air Aet docs not require that minor source programs

apply to GHG. The Department is proposing to add a new section OAC

252;100~7-2.1 to Subchapter 7 to elarify that GHG is exeluded from the State's

minor faeility permitting program except ifneecssary to set enforeeable limits

to keep GHG emission levels at a facility below the applicability threshold

levels for the PSD construction permit program and/or the Part 70 operating

permit program.

As part of GHG amendments, the Department proposes to modifY OAC

252: 100-1-3 by the addition ofdefinitions of "greenhouse gas" or "GHG" and

"carbon dioxide equivalent emissions" or "C02e." At this time the Department

is also proposing to add the abbreviation of carbon dioxide equivalent

(C02e) to OAC 252:100-1-4(a) and the acronym of greenhouse gas (GHG)

to 252:100-1-4(b). In addition some serivener's errors in OAC 252:100-1-4

relating to units ofmeasure, abbreviations, and acronyms will be correeted.

Itshould be noted that the proposed amendmentsto Subehapters 1,7, and 8

do not make any facility or source subject to GHG regulations, but only ensure

that the State's permitting programs are not pereeived to be more stringent than

the corresponding federal programs.

The Department proposes to modifY Parts 7 and 9 of Subchapter 8 to

incorporate EPA's New Source Review (NSR) implementation rule for the

PM2.5 (flOe particulate matter) National Ambient Air Quality Standards

(NAAQS) which was published in the Federal Register on July 18, 1997

(62 FR 38652) and revised on October 17,2006 (71 FR 61144). Phase 1 of

the NSR implementation rule was published in the May 16, 2008 Federal

Register (73 FR 28321) and phase 2 was published in the October 20,2010

Federal Register (75 FR 64864). The proposed amendments will establish

a major souree threshold, significant emissions rate, ofrset ratios for PM25,

interpollutant trading for offsets, applicability of NsR to PM25 precursors,

Significant Impact Levels (SILs), and a Significant Monitoring Concentration

(SMC) that are consistent with those in the federal regulations set forth in 40

CFR §§ 51.165 and 51. 166.

The Department is also proposing to modify Subchapter 3, Air Quality

Standards and Increments, to add the 24-hour and annual PM2,5 PSD

increments toOAC 252: 100-3-4. Ineonjunction with Iheproposed amendment

to Part 7 of Subchapter 8, the amendment to Subchapter 3 will bring the State's

PSD program up to date with respect to PM2.

5 and will enable the Department

to maintain its delegated authority for the full NSR program.

The proposed amendments to Subehapters I, 3, 7, and 8 will ensure that

the State's PSD and Part 70 permitting programs are not perceived 10 be more

stringent than the federal regulations regarding GHG emissions and that the

State's NSR program will implement the federal regulations relating to PM2 5.

CONTACT PERSON:

Cheryl E. Bradley, Department of Environmental Quality, Air Quality

Division, 707 North Robinson, P.O. Box 1677. Oklahoma City, Oklahoma

73101-1677, (405) 702-4100.

PURSUANT TO THE ACTIONS DESCRIBED HEREIN,

THE FOLLOWING RULES ARE CONSIDERED

FINALLY ADOPTED AS SET FORTH IN 75 O,S.,

SECTION 308.1(A), WITH AN EFFECTIVE DATE

OF JULY 1,2011:

SUBCHAPTER 1. GENERAL PROVISIONS

252:100-1-3. Definitions

The following words and terms, when used in this Chapter,

shall have the following meaning, unless the context clearly indicates otherwise or unless defmed specifIcally for a Subchapter, seetion, or subsection in the Subchapter, section, or subsection.

"Act" means the Federal Clean Air Act, as amended, 42

U.S.C. 7401 et seq.

"Administrator" means, unless specifIcally defined otherwise, the Administrator of the United States Environmental

Proteclion Agency (EPA) or the Administrator's designee.

"Air contaminant source" means any and all sources of

emission of air contaminants(pollutants), whether privately or

publicly owned or operated, or person contributing to emission

of air contaminants. Without limiting the generality of the

foregoing, this term includes all types ofbusiness, commercial

and industrial plants, works, shops and stores, heating and

power plants or stations, buildings and other structures of all

types.

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

in:

(A) the emission of air contaminants, or

(B) the effect ofsuch emission.

"Air pollution episode" means high levels of air pollution existing for an extended period (24 hours or more) oftime

which may cause acute hannful 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.

Oklahoma Register (Volume 28, Number 19) 1180 June 15,2011
Other factors such as humidity may also affect the episode

conditions.

"Ambient air standards" or "Ambient air quality

standards" means levels of air quality as codified in OAC

252:100-3.

"Atmosphere" means the air that envelops or surrounds

the earth.

"Best available control tecbnology" or "BACT" means

the best control technology that is currently available as determined by the Division Director on a case-by-case basis, taking

into account energy, environmental, and economic impacts and

other costs of alternative control systems.

"Building, structure, facility, or installation" means all

of the pollutant-emitting activities which belong to the same

industrial grouping, are located on one or more contiguous

or adjacent properties, and are under the control of the same

person (or persons under common control). Pollutant-emitting

activities shall be considered as part of the same industrial

grouping ifthey belong to the same "Major Group" (i.e., which

have the same two-digit code) as described in the Standard

Industrial Classification Manual, 1972, as amended by the

1977 Supplement.

"Carbon dioxide equivalent emissions" or "CO~

means an amount of GHG emitted. and shall be computed by

multiplying the mass amount of emissions. for each ofthe six

greenhouse gases in the pollutant GHG, by the gas' associated

global wanning potential (GWPl published in Table A-I to

subpart A of40 CFR Part 98 B Global Wanning Potentials, and

summing the resultant value for each to compute a CO2.£.:.

"Catalytic cracking unit" means a unit composed of a

reactor, regenerator and fractionating towers which is used to

convert certain petroleum fractions into more valuable products by passing the material through or commingled with a

bed of catalyst in the reactor. Coke deposits produced on the

catalyst during cracking are removed by burning off in the

regenerator.

"Combustible materials" means any substance which

will readily bum and shall include those substances which,

although generally considered incombustible, are or may be

included in the mass ofthe material burned or to be burned.

"Commence" means, unless specifically defined otherwise, that the owner or operator of a facility to which neither

a NSPS or NESHAP applies has begun the construction or

installation ofthe emitting units on a pad or in the final location

at the facility.

"Complete" means in reference to an application for a

pennit, the application contains all the infonnation necessary

for processing the application. Designating an application

complete for purposes of pcnnit processing does not preclude

the Director from requesting or accepting any additional information.

"Construction" means, unless specifically defined otherwise, fabrication, erection, or installation ofa source.

"Crude oil" means a naturally occurring hydrocarbon

mixture which is a liquid at standard conditions. It may contain

sulfur, nitrogen and/or oxygen derivatives of hydrocarbon.

Permanent Final Adoptions

"Direct fired" means that the hot gasses produced by the

flame or heat source come into direct contact with the material

being processed or heated.

"Division" means Air Quality Division, Oklahoma State

Department ofEnvironmental Quality.

"Dust" means solid particulate matter released into or

carried in the air by natural forces, by any fuclRburning, combustion, process equipment or device, construction work,

mechanical or industrial processes.

"EPA" means the United States Environmental Protection

Agency.

"Excess emissions" means the emission of regulated air

pollutants in excess of an applicable limitation or requirement

as specified in the applicable limiting Subchapter, pennit, or

order of rhe DEQ. This tenn does not include fugitive VOC

emissions covered by an existing leak detection and repair

program that is required by a federal or state regulation.

"Existing source" means, unless specifically defined

otherwise, an air contaminant source which is in being on

the effective date of the appropriate Subchapter, section, or

paragraph ofthese rules.

"Facility" means all of the pollutant-emitting activities

that meet all the following conditions:

(A) Are under common control.

(B) Arc located on one or more contiguous or adjacent properties.

(C) Have the same two-digit primary SIC Code (as

described in the Standard Industrial Classification

Manual, 1987).

"Federally enforceable" means all limitations and conditions which arc enforceable by the Administrator, including

those requirements developed pursuant to 40 CFR Parts 60

and 61, requirements within any applicable State implementation plan, any pennit requirements established pursuant to 40

CFR 52.21 or under regulations approved pursuant to 40 CFR

Part 51, subpart I, including operating pcnnits issued under

an EPA-approved program that is incorporated into the State

implementation plan and expressly requires adherence to any

pennit issued under such program.

"Fuel-burning equipment" means anyone or more of

boilers, furnaces, gas turbines or other combustion devices

and all appurtenances thereto used to convert fuel or waste to

usable heat or power.

"Fugitive dust" means solid airborne particulate matter

emitted from any source other than a stack or chimney.

"Fugitive emissions" means, unless specifically defined

otherwise, those emissions which could not reasonably pass

through a stack, chimney, vent, or other functionally equivalent

opening.

"Fume" means minute solid particles generated by the

condensation ofvapors to solid matter after volatilization from

the molten state, or generated by sublimation, distillation,

calcination, or chemical reaction when these processes create

airborne particles.

"Garbage" means all putrescible animal and vegetable

matter resulting from the handling, preparation, cooking and

consumption offood.

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Permanent Final Adoptions

"Greenhouse gas" or "GHG" means the air pollutant defined in 40 CFR § 86.1818-12(a) as the aggregate group ofsix

greenhouse gases: carbon dioxide (C02), nitrous oxide (Nlffi

methane (CH4), hydrofluorocarbons (HFCs), perfluoroearbons

(PFCs). and sulfur hexafluoride (SF

"Gross particulate matter" or "GPM" means particulate matter with an aerodynamic diameter greater than 10

micrometers.

"In being" means as used in the definitions of New Installation and Existing Source that an owner or operator has

undertaken a continuous program of construction or modification or the owner or operator has entered into a binding

agreement or contractual obligation to undertake and complete

within a reasonable time a continuous program ofeonstruetion

or modification prior to the eompliance date for installation as

specified by the applicable regulation.

"Incinerator" means a combustion device specifically

designed for the destruction, by high temperature burning, of

solid, semi-solid, liquid, or gaseous combustible wastes and

from which the solid residues eontain little or no combustible

material.

"Indirect fired" means that the hot gasses produced by

the flame or heat souree do not come into direct contaet with

the material, excluding air, being processed or heated.

"Installation" means an identifiable piece of proeess

equipment.

"Lowest achievable emissions rate" or "LAER" means,

for any source, the more stringent rate of emissions based on

paragraphs (A) and (B) of this definition. This limitation,

when applied to a modification, means the lowest achievable

emissions rate for the new or modified emissions units within

a stationary source. In no event shall the application ofLAER

allow a proposed new or modified stationary source to emit any

pollutant in excess of the amount allowable under applicable

standard ofperfonnance for the new source.

(A) LAER means the most stringent emissions limitation which is eontained in the implementation plan

of any State for such class or category of stationary

source, unless the owner or operator ofthe 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 ofstationary sources.

"Major source" means any new or modified stationary

source which directly emits or has the capability at maximum

design capacity and, if appropriately pcnnitted, authority to

emit 100 tons per year or more of a given pollutant. (OAC

252: 100-8, ParO)

"Malfunction" means any sudden, infrequent, and not

reasonably preventable failure of air pollution control equipment, process equipment, or a process to operate in a nonnal or

usual manner. Failures that are caused in part by poor maintenance or careless operation are not malfunctions.

"Mist" means a suspension of any finely divided liquid in

any gas or atmosphere excepting uncombined water.

"Modification" means any physical change in, or change

in the method of operation of, a source which increases the

amount of any air pollutant emitted by such source or which results in the emission ofany air pollutant not previously emitted,

except that:

(A) routine maintenance, repair and replacement

shall nut be l:onsidered physkall:hanges; and,

(B) the following shall not be considered a change

in the method ofoperation:

(i) any increase in the production rate, ifsuch

increase does not exceed the operating design capacity ofthe source;

(ii) an increase in hours ofoperation;

(iii) use of alternative fuel or raw material

if, prior to the date any standard under this part

becomes applieable to such source the affected facility is designed to accommodate such alternative

use.

"National Emission Standards for Hazardous Air

Pollutants" or "NESHAP" means those standards found in

40 CFR Parts 61 and 63.

"New installation", "New source", or "New equipment" means an air contaminant souree whieh is not in being

on the effeetive date of these regulations and any existing

source which is modified, replaced, or reconstructed after the

effective date of the regulations such that the amount of air

contaminant emissions is increased.

"New Source Performance Standards" or "NSPS"

means those standards found in 40 CFR Part 60.

"Nonmethane organic compounds" or "NMOC"

means nonmethane organic compounds, as defined in 40 CFR

60.754.

"Opacity" means the degree to which emissions reduee

the transmission oflight and obscure the view of an object in

the background.

"Open burning" means the burning ofcombustible materials in such a manner that the products ofcombustion are emitted directly to the outside atmosphere.

"Organic compound" means any chemical compound

containing the element carbon.

"Owner or operator" means any person who owns,

leases, operates, eontrols or supervises a source.

"Part 70 permit" means (unless the context suggests

otherwise) any pennit or group of penn its covering a Part 70

source that is issued, renewed, amended, or revised pursuant to

this Chapter.

"Part 70 program" means a program approved by the

Administrator under 40 CFR Part 70.

"Part 70 source" means any source subject to the pennitting requirements ofPart 5 ofSubchapter 8, as provided in OAC

252: 100-8-3(a) and (b).

"PM-lO emissions" means particulate matter emitted to

the ambient air with an aerodynamic diameter of 10 micrometers or less as measured by applicable reference methods, or an

equivalent or alternative method.

"PM·lO" means particulate matter with an aerodynamic

diameter ofI0 micrometers or less.

"PM-2.S" means particulate matter with an aerodynamic

diameter of2.5 micrometers or less.

Oklahoma Register (Volume 28, Number /9) 1182 June /5, 20 II
"Particulate matter" or "PM" means any material that

exists in a finely divided form as a liquid or a solid.

"Particulate matter emissions" means particulate matter

emitted to the ambient air as measured by applieable reference

methods, or an equivalent or alternative method.

"Potential to emit" means the maximum capacity of a

source to emit a pollutant under its physical and operational

design. Any physieal or operational limitation on the eapaeity

ofthe source to emit a pollutant, including air pollution control

equipment and restrictions on hours ofoperation or on the type

or amount of material combusted, stored or proeessed, shall

be treated as part of its design if the limitation or the effect it

would have on emissions is enforeeable. Secondary emissions

do not count in determining the potential to emit ofa source.

"Prevention of significant deterioration" or "PSD"

means increments for the protection of attainment areas as

codified in OAC 252: 100-3.

"Process equipment" means any equipment, device or

contrivance for changing any materials or for storage or handling ofany materials, the use or existence ofwhich may cause

any diseharge of air contaminants into the open air, but not

including that equipment specifieally defined as fuel-burning

equipment, or refuse-burning equipment.

"Process weight" means the weight of all materials

introdueed in a source operation, ineluding solid fuels, but

excluding liquids and gases used solely as fuels, and exeluding

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 proeess weight for the entire period of

eontinuous operation or for a typical portion thereof,

divided by the number of hours of such period or

portion thereof.

(B) for cyclical or bateh souree operations, the total

process weight for a period which eovers a complete

or an integral number of cycles, divided by the hours

ofaetual process operation during sueh period.

(C) where the nature of any process or operation

or the design of any equipment is such as to permit

more than one interpretation of this definition, that

interpretation which results in the minimum value for

allowable emission shall apply.

"Reasonably available control technology" or

"RACT" means devices, systems, proeess modifications,

or other apparatus or techniques that are reasonably available

taking into aeeount:

(A) The necessity of imposing sueh eontrois in

order to attain and maintain a national ambient air

quality standard;

(B) The soeial, environmental, and economic impact ofsueh controls; and

(C) Alternative means of providing for attainment

and maintenance ofsueh standard.

"Reconstruction" means

(A) the replacement of components of an existing

source to the extent that will be detennined by the

Executive Direetor based on:

Permanent Final Adoptions

(i) the fixed capital cost (the capital needed to

provide all the depreciable components ofthe new

components exceeds 50 percent ofthe fixed capital

cost ofa comparable entirely new souree);

(ii) the estimated life ofthe source after the replacements is comparable to the life of an entirely

new source; and,

(iii) the extent to whieh the components being

replaced eause or contribute to the emissions from

the source.

(B) a reeonstructed source will be treated as a new

source for purposes ofOAC 252:100-8, Part 9.

"Refinery" means any facility engaged in producing

gasoline, kerosene, fuel oils or other products through distillation of crude oil or through redistillation, cracking, or

reforming ofunfinished petroleum derivatives.

"Refuse" means, unless speeifieally defined otherwise,

the inelusive 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,

commereial and domestic solid, liquid or gaseous waste; trees

or shrubs; tree or shrub trimmings; grass elippings; brick,

plaster, lumber or other waste resulting from the demolition,

alteration or construction of buildings or struetures; aecumulated waste material, eans, containers, tires, junk or other sueh

substances.

"Refuse-burning equipment" means any equipment,

device, or contrivanee, and all appurtenances thereto, used

for the destruction of combustible refuse or other combustible

wastes by burning.

"Regulated air pollutant" means any substance or

group of substances listed in Appendix P of this Chapter, or

any substanee regulated as an air pollutant under any federal

regulation for which the Department has been given authority,

or any other substance for whieh an air emission limitation or

equipment standard is set by an enforceable permit.

"Responsible official" means one ofthe following:

(A) For a corporation: a president, seeretary, treasurer, or vice-president ofthe corporation in charge of

a principal business function, or any other person who

perfonns similar policy or decision-making funetions

for the corporation, or a duly authorized representative ofsuch person ifthe representative is responsible

for the overall produetion, 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

exeeeding $25 millioo (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 munieipality, state, federal, or other public agency: Either a principal exeeutive officer or

ranking eleeted official. For purposes ofthis Chapter,

a principal executive officer or installation eommander of a federal ageney ineludes the chief exeeutive

June 15, 20ll 1183 Ok/ahoma Register (Volume 28, Number 19)
Permanent Final Adoptions

officer having responsibility for the overall operations

ofa principal geographic unit of the agency (e.g., a

Regional Administrator ofEPA); or

(D) For affected sources:

(i) The designated representative insofar as

actions, standards, requirements, or prohibitions

under Title IV of the Act or the regulations promulgated thereunder are concerned; and

(ii) The designated representative for any other

purposes under this Chapter.

"Shutdown" means the cessation of operation of any

process, process equipment, or air pollution control equipment.

"Smoke" means small gas-borne or air-borne particles

resulting from eombustion operations and consisting ofcarbon,

ash, and other matter any or all ofwhich is present in sufficient

quantity to be observable.

"Source operation" means the last operation preceding

the emission of an air contaminant, which operation:

(A) results in the separation ofthe air contaminant

from the process materials or in the conversion of the

process materials into air contaminants, as in the case

ofeombustion offuel; and,

(B) is not an air pollution abatement operation.

"Stack" means, unless specifically defined otherwise, any

chimney, flue, duet, conduit, exhaust, pipe, vent or opening,

excluding flares, designed or specifically intended to eonduct

emissions to the atmosphere.

"Standard conditions" means a gas temperature of 68

degrees Fahrenheit (200 Centigrade) and a gas pressure of 14.7

pounds per square inch absolute.

"Startup" means the setting into operation of any

process, process equipment, or air pollution eontrol equipment.

"Stationary source" means, unless specifically defined

otherwise, any building, structure, facility, or installation either

fixed or portable, whose design and intended use is at a fixed

location and emits or may emit an air pollutant subject to OAC

252: 100.

"Total Suspended Particulates" or "TSP" means particulate matter as measured by the high-volume method described

in Appendix B of40 CFR Part 50.

"Temperature inversion" means a phenomenon in which

the temperature in a layer of air increases with height and the

cool heavy air below is trapped by the wanner air above and

cannot rise.

"Visible emission" means any air contaminant, vapor or

gas stream which contains or may contain an air contaminant

whieh is passed into the atmosphere and which is perceptible

to the human eye.

"Volatile organic compound" or "VOC"means any

organic compound that participates in atmospheric photoehemical reactions resulting in the fonnation of tropospheric

ozone. Carbon monoxide, earbon dioxide, carbonic acid,

metallic carbides, ammonium carbonates, tett-butyl acetate

and compounds listed in 40 CFR 51.100(s)(I) are presumed to

have negligible photochemical reactivity and are not considered to be VOc.

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

(a) Abbreviations and symbols ofunits ofmeasure.

(1) Btu - British thennal unit

(2) em/sec - centimeter per second

ill COle - carbon dioxide equivalent

(":'[) dscf- dry cubic feet at standard conditions

(4,2,) dscm - dry cubic meter at standard conditions

(~!iJ ftlmin - feet per minute

(61) gal- gallon

(1lD gal/d - gallons per day

(&.'t) gallyr - gallons per year

(If.!,Q) gr/dscf- grains per dry standard cubic foot

(.w11) hr - hour

(-1+12) Hg - mercury

(RD.) hp - horsepower

(~14) mG-.!:hQ - water

(+4.li) m&-H.s-- hydrogen sulfide

(-h>lQ) ltl&Q1 H1SO._- sulfurie acid

(MI7) kg - kilogram

(t-711.) kg/metric ton - kilograms per metric ton

(+&12.) kPa - kilopascals

(+920) I-liter

(;MIn) I/yr - liters per year

(U22) LTID-Iongtonsperday

(;!;!23) Ib/wk - pounds per week

(;!J24) Ib - pound

(;1425) Ibslhr - pounds per hour

(~26) HH-m.l_- cubic meter

(;\627) mg/dscm - milligrams per dry standard cubic meter

(;!128) MMBTU/hr - million british thennal units per

hour

(;1&29) Mg - megagram --146 10.,gram

(;!930) Mg/yr - megagrams per year

(;W.ll) mg/I- milligrams per liter

("-+32) m/min - meter per minute

('h!33) ng/dscm - nanograms per dry standard cubic meter

(;H34) ng/J - nanograms per Joule

(M35) ...IHb!-<Jz/in1._- ounce per square inch

(J,536) ppm - parts per million

(3437) psia - pounds per square inch absolute

(~38) psig - pounds per square ineh gage

(;>&39) ppmv - parts per million by volume

(.w40) ~SOl_- sulfur dioxide

(4G4I) TPY -tons per year

(4+42) ~.J!.Wn.l_- micrograms per cubie meter

(b) Acronyms.

(I) A!.S.!. - American Iron and Steel Institute

(2) AS.M.E. - American Society ofMechanical Engineers

(3) AS.T.M. - American Society for Testing and Materials

(4) BACT - Best Available Control Technology

(5) CEM - Continuous Emission Monitor

(6) CFR - Code ofFederal Regulations

(7) COM - Continuous Opaeity Monitor

(8) DEQ - Department ofEnvironmental Quality

Oklahoma Register (Volume 28, Number 19) 1184 June 15, 201/
(9) EPA - Environmental Protection Agency

J.l.Ql GHG - Greenhouse Gas

(Will HAP - Hazardous Air Pollutants

(I-I-ll) HMIWI - Hospital/Medical/Infectious Waste Ineinerator

(Rll) MACT - Maximum Achievable Control Teehnology

(HI 4) MSW - Municipal Solid Waste

(-I4.li) MWC - Municipal Waste Combustors

(~16) NAAQS - National Ambient Air Quality Standards

(Mlll NESHAP - National Emissions Standards for

Hazardous Air Pollutants

(Hill NSPS - New Source Performanee Standards

(.J.&ill OAC - Oklahoma Administrative Code

(.J..9.£Q) PBR - Permit by Rule

(;WID PM - Particulate Matter

(Ull) PSD - Prevention ofSignifieant Deterioration

(~m SIC - Standard Industrial Classifieation

(~W SIP - State Implementation Plan

(;Mm TSP - Total Suspended Particulates

(~22l VOC - Volatile Organic Compound

(Ull) 27A O.S. - Title 27A Oklahoma Statutes--ARReta!e<l

SUBCHAPTER 3. AIR QUALITY STANDARDS

AND INCREMENTS

252:100-3-4. Significant deterioration increments

(a) Signifieant 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 ofthree elasses ofareas. See OAC 252: JOO-8,

Part 7.

(b) The allowable inerements are as follows:

(I) Class I Areas:

(A) PeRiauleta mellar PMu{effeetive October 20,

20 Ill:

ill arumal arithmetic mean: maximum allowable increase is 1 microgram per cuhie meter.

@ twenty-four hour maximum: maximum allowable increase is 2 mierograms per cubic meter.

@) PMl!!;

(i) P~( 1(;), annual arithmetic mean: maximum allowable increase is 4 micrograms per eubic

meter.

(ii) PM IQ. twenty-four hour maximum: maximum allowable increase is 8 micrograms per

eubie meter.

(BD Sulfur dioxide:

(i) annual arithmetie mean: maximum allowable increase is 2 micrograms per eubie meter.

(ii) twenty-four hour maximum: maximum allowable increase is 5 micrograms per cubic meter.

(iii) three-hour maximmn: maximum allowable increase is 25 micrograms per cubic meter.

Permanent Final Adoptions

(bm Nitrogen dioxide (effective May II, 1991),

annual arithmetic mean: maximum allowable increase is 2.5 mierograms per cubic meter.

(2) Class II Areas:

(A) PeRiauleta mellar PMu (effeetive October 20,

2011):

ill annual arithmetic mean: maximum allowable increase is 4 micrograms per cubic meter.

@ twenty-four hour maximum: maximum allowable increase is 9 mierograms per eubic meter.

@) PM!.Q;

(i) PM IQ. annual arithmetic mean: maximum allowable increase is 17 micrograms per

eubic meter.

(ii) PM IQ, twenty-four hour maximum: maximum allowable increase is 30 micrograms per cubic meter.

(B:Q) Sulfur dioxide:

(i) annual arithmetic mean: maximum allowable increase is 20 micrograms per cubic meter.

(ii) twenty-four hour maximum: maximum allowable increase is 91 mierograms per cubic meter.

(iii) three-hour maximum: maximum allowable inerease is 512 mierograms per cubie meter.

(bm Nitrogen dioxide (effective May II, 1991),

annual arithmetic mean: maximum allowable increase is 25 mierograms per eubie meter.

(3) Class 111 Areas:

(A) PeFtiaulete fRellar PMu (effective October 20,

2011):

ill annual arithmetie mean: maximum allowable inerease is 8 micrograms per cubic meter.

@ twenty-four hour maximum: maximum allowable inerease is 18 mierograms per cubic meter.

@) PM~

(i) P~4: 1'1, annual arithmetic mean: maximum allowable increase is 34 micrograms per

cubic meter.

(ii) PM IQ, twenty-four hour maximum: maximum allowable increase is 60 mierograms per cubic meter.

(Bg Sulfur dioxide:

(i) annual arithmetie mean: maximum allowable increase is 40 micrograms per cubie meter.

(ii) twenty-four hour maximum: maximum allowable inerease is 182 micrograms per cubie meter.

(iii) three-hour maximum: maximum allowable increase is 700 micrograms per cubic meter.

(bm Nitrogen dioxide (effective May II, 1991),

annual arithmetic mean: maximum allowable increase is 50 micrograms per cubic meter.

SUBCHAPTER 7, PERMITS FOR MINOR

FACILITIES

PART 1. GENERAL PROVISIONS

June 15,20/1 1185 Oklahoma Register (Volume 28, Number 19)
Permanent Final Adoptions

252:100-7-2.1. Minor permits for greenhouse gas

IGHGl emitting facilities

Greenhouse gas fGHG) emissions shall not be included

in a minor facility penni! nor eause a facility to be subject

to minor facility permitting requirements contained in OAC

252: 100-7, unless the owner or operator orths! facility requests

that GHG emission limits and/or physical or operational limitalians be ineluded in a minor permit for the facility to set

enforceable limits to keep potential GHG emission levels below the applicability threshold levels for the PSD construetion permit program and/or the Part 70 operating permit program. Physical or operational limitations may include but are

not limited to, air pollution control equipment. restrictions on

hours ofoperation, and/or restrictions on the type or amount of

material combusted. stored. or processed.

SUBCHAPTER 8. PERMITS FOR PART 70

SOURCES

PART 5. PERMITS FOR PART 70 SOURCES

252: 100-8-2. Definitions

The following words and terms, when used in this Part,

shall have the following meaning, unless the context elearly

indicates otherwise. Except as specifically provided in this

Section, terms used in this Part retain the meaning accorded

them under the applicable requirements ofthe Aet.

"Administratively eomplete" means an applieation that

provides:

(A) All information required under OAC

252: 100-8-5(e), (d), or (e);

(B) A landowner affidavit as required by---9AG

252:215 2g(b)(3) OAC 252:4-7-13!bl:

(C) The appropriate application fees as reqnired by

OAC 252: 100-8-1.7; and

(D) Certifieation by the responsible official as reqnired by OAC 252: 100-8-5(1).

"Affected source" means the same as the meaning given

to it in the regulations promulgated under Title IV (aeid rain)

oftheAct.

"Affected states" means:

(A) all states:

(i) That are one of the following contignous

states: Arkansas, Colorado, Kansas, Missouri,

New Mexico and Texas, and

(ii) That in the jndgment of the DEQ may be

directly affeeted by emissions from the facility

seeking the permit, permit modification, or permit

renewal being proposed; or

(B) all states that are within 50 miles ofthe permitted source.

"Affected unit" means the same asthe meaning given to it

in the regulations promulgated under Title IV (acid rain) of the

Act.

"Applicable requirement" means all ofthe following as

they apply to emissions units in a Part 70 source subjeet to this

Chapter (including requirements that havc been promulgated

or approved by EPA through rulemaking at the time ofissuance

but have future effeetive compliance dates):

(A) Any standard or other requirements provided

for in thc applicable implementation plan approved or

promnlgated by EPA through rulemaking nnder Title

I ofthe Act that implements the relevant requirements

of the Act, including any revisions to that plan promulgated in 40 CFR Part 52;

(B) Any term or condition of any preconstruction

permits issued pursuant to regulations approved or

promulgated through rulemaking under Title I. inc1nding parts Cor D, ofthe Act;

(C) Any standard or other requirement under section III ofthe Act. inclnding section 111 (d);

(D) Any standard or other requirement under section 112 of the Act, including any requirement concerning aecident prevention under section 112(r)(7)

of the Act, but not including the contents of any risk

management plan reqnired nnder 112(r) ofthe Act;

(E) Any standard or other requirement of the acid

rain program under Title IV of the Act or the regulations promulgated thereunder;

(F) Any requirements established pursuant to seetion 504(b) or section 114(a)(3) ofthe Act;

(G) Any standard or other requirement governing

solid waste incineration, under section 129 ofthe Act;

(H) Any standard or other requirement for consumer and commercial products, under section 183(e)

of the Act;

(I) Any standard or other requirement for tank vessels. under section 183(1) ofthe Act;

(1) Any standard or other requirement of the regulations promulgated to protect stratospherie ozone

under Title VI of the Act, unless the Administrator

has determined that such requirements need not be

eontained in a Title V permit; and

(K) Any national ambient air quality standard or

increment or visibility requirement under part C of

Title I ofthe Act, but only as it would apply to temporary sourees permitted pursuant to section 504(e) of

the Act.

"Begin actual construction" means for purposes ofthis

Part, that the owner or operator has begun the construction or

installation of the emitting equipment on a pad or in the final

location at the facility.

"Designated represcntative" means with respect to affected units, a responsible person or official authorized by the

owner or operator of a unit to represent the owner or operator

in matters pertaining to the holding, transfer, or disposition

of allowanees alloeated to a unit, and the submission of and

complianee with permits, permit applications, and eompliance

plans for the unit.

"Draft permit" means the version of a permit for which

the DEQ offers public participation under 27A O.S.§§

2-14-101 through 2-14-401 and OAC 252:4-7 or affected

State review under OAC 252: 100-8-8.

Oklahoma Register (Volume 28, Number 19) 1186 June 15, 2011
"Emergency" means, when used in OAC 252: 100-8-

6(a)(3)(C)(iii)(I) and (e), any situation arising from sudden

and reasonably unforeseeable events beyond the control of

the source, including acts of God, which situation requires

immediate corrective action to restore nonnal operation, and

that causes the source to exceed a technology-based emission

limitation under the permit, due to unavoidable increases in

emissions attributable to the emergency. An emergency shall

not include noncompliance to the extent caused by improperly

designed equipment, lack of preventive maintenance, careless

or improper operation, or operator error.

"Emissions allowable under the permit" means a

federally enforceable permit term or condition determined

at issuance to be required by an applicable requirement that

establishes an emissions limit (including a work practice standard) or a federally enforceable emissions cap that the sourcc

has assumed to avoid an applicable requirement to which the

source would otherwise bc subject.

"Emissions unit" means any part or activity of a stationary source that emits or has the potential to emit any regulated

air pollutant or any pollutant listed under section 112(b) of the

Act. Fugitive cmissions from valves, flanges, etc. associated

with a specific unit process shall be identified with that specific

emission unit. This term is not meant to alter or affect thc

definition ofthe tcrm l1 unit" for purposes ofTitle IV ofthe Act.

"Final permit" means the version of a part 70 permit

issued by the DEQ that has completed all review procedures

required by OAC 252: 100-8-7 through 252: 100-8-7.5 and

OAC 252:100-8-8.

"Fugitive emissions" means thosc emissions ofregulated

air pollutants which could not reasonably pass through a stack,

chimney, vent, or other functionally-equivalent opening.

"General permit" means a part 70 pcrmit that meets thc

requirements ofOAC 252: 100-8-6.1.

"Insignificant activities" means individual emissions

units that are either on the list approved by the Administrator

and contained in Appendix I, or whose actual calendar ycar

emissions do not exceed any ofthe limits in (A) and (B) ofthis

definition. Any activity to which a State or federal applicable

rcquirement applies is not insignificant evcn if it meets thc

criteria below or is includcd on the insignificant activities list.

(A) 5 tons per year (TPY) of any one criteria pollutant.

(B) 2 tons per year for any onc hazardous air pollutant (HAP) or 5 tons per year for an aggregate of

two or more HAPs, or 20 perccnt ofany threshold less

than 10 tons per year for single HAP that the EPA may

establish by rule.

"MACT" means maximum achievable control technology.

"Major source" means any stationary source (or any

group of stationary sources that are located on one or more

contiguous or adjacent properties and are under common control of the same person (or persons undcr common control))

belonging to a single major industrial grouping and that is described in subparagraph (A), (B), or (C) of this definition. For

the purposes of defining "major source," a stationary source or

group ofstationary sources shall be considered part of a single

Permanent Final Adoptions

industrial grouping if all of the pollutant emitting activities

at such source or group of sources on contiguous or adjacent

properties belong to the same Major Group (i.e., all have the

same two-digit primary SIC code) as described in the Standard

Industrial Classification Manual, 1987.

(A) A major source under section 112 of the Act,

which is defined as:

(i) For pollutants other than radionuelides,

any stationary source or group of stationary

sources located within a contiguous area and

under common control that emits or has thc potcntial to emit, in the aggregate, 10 TPY or more of

any hazardous air pollutant which has been listed

pursuant to section l12(b) of the Act, 25 TPY or

more of any combination of such hazardous air

pollutants, or such lesser quantity as thc Administrator may establish by rule. Notwithstanding the

preceding sentence, emissions from any oil or gas

exploration or production well (with its associated

equipment) and emissions from any pipelinc compressor or pump station shall not be aggregated

with emissions from other similar units, whether

or not such units are in a contiguous area or under

common control, to dctermine whether such units

or stations are major sources; or.,.

(ii) For radionuelides, "major source" shall

have the meaning specified by the Administrator

by rule.

(B) A major stationary source of air pollutants,

as defined in section 302 of the Act, that directly

emits or has the potential to emit, 100 TPY or morc of

any feglilatea air pollutant (except gross particulate

matter) subject to regulation (including any major

source of fugitive emissions of any such pollutant,

as detcnnined by rule by the Administrator). The

fugitive emissions of a stationary source shall not be

considcrcd in determining whether it is a major stationary source for the purposes ofsection 302(j) ofthe

Act, unless the source belongs to onc ofthe following

categories ofstationary sources:

(i) Coal cleaning plants (with thennal dryers);

(ii) Kraft pulp mills;

(iii) Portland cement plants;

(iv) Primary zinc smelters;

(v) Iron and steel mills;

(vi) Primary aluminum ore reduction plants;

(vii) Primary coppcr smelters;

(viii) Municipal incinerators capable ofcharging

more than250 tons ofrefuse per day;

(ix) Hydrofluoric, sulfuric, or nitric acid plants;

(x) Pctroleum refineries;

(xi) Lime plants;

(xii) Phosphate rock processing plants;

(xiii) Coke oven batteries;

(xiv) Sulfur recovery plants;

(xv) Carbon black plants (furnace process);

(xvi) Primary lead smelters;

(xvii) Fuel convcrsion plants;

June 15, 2011 1187 Oklahoma Register (Volume 28, Number 19)
Permanent Final Adoptions

(xviii) Sintering plants;

(xix) Secondary metal production plants;

(xx) Chemical process plants (not including

ethanol production facilities that produce ethanol

by natural fennentation induded in NAICS codes

325193 or 312140);

(xxi) Fossil-fuel boilers (or combination thereof)

totaling more than 250 million British thennal

units per hour heat input;

(xxii) Petroleum storage and transfer units with a

total storage capacity exceeding 300,000 barrels;

(xxiii) Taconite ore processing plants;

(xxiv) Glass fiber processing plants;

(xxv) Charcoal production plants;

(xxvi) Fossil-fuel-fired steam eleetrie plants of

more than 250 million British thennal units per

hour heat input; or

(xxvii) All other stationary source categories

which, as of August 7, 1980, are being regulated

by a standard promulgated under section III or

112 ofthe Act.

(C) A major stationary source as defined in part D

ofTitle I ofthe Act, including:

(i) For ozone non-attainment areas, sources

with the potential to emit 100 TPY or more of

volatile organic compounds or oxides of nitrogen

in areas classified as "marginal" or "moderate,n 50

TPY or more in areas classified as nserious," 25

TPY or more in areas classified as nsevere," and

10 TPY or more in areas classified as "extreme";

except that the referenees in this paragraph to 100,

50, 25, and 10 TPY of nitrogen oxides shall not

apply with respeet to any source for which the

Administrator has made a finding, under section

182(1)(1) or (2) ofthe Act, that requirements under

section 182(1) ofthe Act do not apply;

(ii) For ozone transport regions established

pursuant to seetion 184 of the Act, sources with

the potential to emit 50 TPY or more of volatile

organic eompounds;

(iii) For earbon monoxide non-attainment areas:

(I) that are classified as "serious"; and

(II) in which stationary sources contribute

significantly to carbon monoxide levels as

detennined under rules issued by the Administrator, sources with the potential to emit 50 TPY

or more ofcarbon monoxide; and

(iv) For particulate matter (PM Ig)~~

non-attainment areas classified as "serious,"

sources with the potential to emit 70 TPY or more

ofPM-W-PMlQ.

"Maximum capacity" means the quantity of air contaminants that theoretically could be emitted by a stationary

source without control devices based on the design capacity

or maximum production capacity of the source and 8,760

hours of operation per year. In detennining the maximum

theoretical emissions ofVOCs for a source, the design capacity

or maximum production capacity shall include the use of raw

materials, coatings and inks with the highest VOC content used

in practice by the source.

"Permit" means (unless the context suggests otherwise)

any permit or group of pennits cuvering i:1 Part 70 source that is

issued, renewed, amended, or revised pursuant to this Chapter.

"Permit modification" means a revision to a Part 70

construction or operating pennit that meets the requirements of

OAC 252:1 00-8-7.2(b).

"Permit program costs" means all reasonable (direet and

indirect) costs required to develop and administer a pennit program, as set forth in OAC 252:100-5-2.2 (whether such costs

are incurred by the DEQ or other State or loeal agencies that do

not issue pennits directly, but that support pennit issuance or

administration).

"Permit revision" means any pennit modification or

administrative pennit amendment.

"Potential to emit" means the maximum capacity of a

stationary source to emit any air pollutant under its physical

and operational design. Any physical or operational limitation

on the capacity of a source to emit an air pollutant, including

air pollution control equipment and restrictions on hours of

operation or on the type or amount of material combusted,

stored, or processed, shall be treated as part ofits design if the

limitation is enforceable by the Administrator. This tenn does

not alter or affect the use of this term for any other purposes

under the Act, or the tenn "capacity factor" as used in Title IV

ofthe Act or the regulations promulgated thereunder.

"Proposed permit" means the version of a pennit that the

DEQ proposes to issue and forwards to the Administrator for

review in compliance with OAC 252: I00-8-8.

"Regulated air pollutant" means the following:

(A) Nitrogen oxides or any volatile organic compound (VOC), including those substances defined in

OAC 252:100-1-3, 252:100-37-2, and 252:100-39-2,

except those specifically excluded in the EPA definition ofVOC in 40 CFR 51.100(s);

(B) Any pollutant for which a national ambient air

quality standard has been promulgated;

(C) Any pollutant that is subjeet to any standard

promulgated under seetion III ofthe Act;

(D) Any Class I or 11 ozone-depleting substance

subjeet to a standard promulgated under or established by Title VI ofthe Act;

(E) Any pollutant subject to a standard promulgated under section 112 or other requirements established under section 112 of the Act (Hazardous

Air Pollutants), including seetions 112(g) (Modifications), U) (Equivalent Emission Limitation by Permit,

and (r) (Prevention ofAeeidental Releases), including

the following:

(i) any pollutant subject to the requirements

under seetion 112U) of the Act. If the Administrator fails to promulgate a standard by the date

established pursuant to section 112(e) of the Act

(Schedule for Standards and Review), any pollutant for which a subject source would be major

shall be eonsidered to be regulated as to that source

Ok/ahoma Register (Volume 28. Number /9) 1188 June 15, 2011
on the date 18 months after the applieable date

established pursuant to seetion 112(e) of the Aet;

and,

(ii) any pollutant for which the requirements

ofsection 112(g)(2) ofthe Act have been met, but

only with respeet to the individual source subject

to the section 112(g)(2) requirement; or

(F) Any other substance for which an air emission

limitation or equipment standard is set by an existing

permit or regulation.

"Renewal" means the process by which a permit is reissued at the end ofits term.

"Section 502(b)(10) changes" means changes that contravene an express permit term. Such changes do not inelude

ehanges that would violate applicable requirements or contravene federally enforceable permit terms and conditions that are

monitoring (including test methods), recordkeeping, reporting,

or compliance certification requirements.

"Small unit" means a fossil fuel fired combustion device

which serves a generator with a name plate capacity of25 MWe

or less.

"State-only requirement" means any standard or requirement pursuant to Oklahoma Clean Air Act (27A O.S.§§

2-5-101 through 2-5-118, as amended) that is not contained in

the State Implementation Plan (SIP).

"State program" means a program approved by the

Administrator under 40 CFR Part 70.

"Stationary source" means any building, structure, facility, or installation that emits or may emit any regulated air pollutant or any pollutant listed under section 112(b) ofthe Act as

it existed on January 2, 2006.

"Subject to regulationII 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 ofthe 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:

L:ll Greenhouse gases IGHG1 shall not be subject

to regulation unless, as of July 1, 2011, the GHG

emissions are at a stationary source emitting or having the potential to emit 100,000 TPY CO.equivalent

emissions (CO2-e) and are otherwise subjcct to rcgulation as previously described in this definition.

.on The tenn TPY C02 equivalcnt emissions

ICO.e) shall represent an amount of GHG emitted,

and shall bc computed bymultiplying themass amount

of emisslons (TPY), for each of the six greenhousc

gases in the pollutant GHG. by the gas' associated

global warming potential IGWP1 published in Table

A-I to subpart A of40 CFR Part 98 B Global Warming

Potentials. and summing the resultant value for each

to computc a TPY CO

© If fcderal lcgislation or a federal court stays.

invalidatcs. delays the effectivc date. or otherwise

renders unenforceable by thc EPA, in whole or in part.

Permanent Final Adoptions

the EPA's tailoring rule (75 FR 31514. June 3. 20101,

endangerment finding (74 FR 66496, Deeember 15,

2009), or light-duty vehiele greenhouse gas emission

standard (75 FR 25686, May 7. 20101, this definition

shall be enforeeable only to the extent that it is enforceable by the EPA.

"Trivial activities" means any individual or combination

of air emissions units that are eonsidered inconsequential and

are on a list approved by the Administrator and eontained in

Appendix J.

"Unit" means, for purposes of Title IV, a fossil fuel-fired

combustion device.

PART 7. PREVENTION OF SIGNIFICANT

DETERIORATION (PSD) REQUIREMENTS FOR

ATTAINMENT AREAS

252:100-8-31. Definitions

The following words and tenns when used in this Part

shall have the following meaning, unless the context clearly

indicates otherwise. All tenns used in this Part that are not

defined in this Section shall have the meaning given to them in

OAC 252:100-1-3, 252:100-8-1.1, or in the Oklahoma Clean

Air Act.

!IActual emissions" means the actual rate of emissions

of a regulated NSR pollutant from an emissions unit, as determined in accordance with paragraphs (A) through (C) of this

definition, except that this definition shall not apply for calculating whether a significant emissions increase has occurred, or

for establishing a PAL under OAC 252:100-8-38. Instead, the

definitions of "projected actual emissions" and "baseline actual

emissions" shall apply for those purposcs.

(A) In general, actual emissions as of a particular

date shall equal the average rate in TPY at which the

unit actually emitted the pollutant during a consecutive 24-month period which precedes the particular

datc and which is representative of nonnal source

operation. The Director shall allow the use of a different time period upon a detennination that it is more

representative of nonnal source operation. Actual

emissions shall be calculatcd using the unit's actual

operating hours, production ratcs, and types of materials processed, stored, or combusted during the

selectcd timc pcriod.

(B) The Director may presume that source-spccific

allowable emissions for the unit are equivalent to the

actual emissions ofthe unit.

(C) For any emissions unit that has not bcgun

nonnal operations on the particular date, actual emissions shall equal the potential to emit of the unit on

that date.

"Allowable emissions" means thc cmission rate of a

stationary source calculated using the maximum rated capacity

ofthe source (unless the source is subject to cnforceable limits

which restrict the operating rate, or hours ofoperation, or both)

and the most stringent ofthe following:

June 15, 2011 1189 Oklahoma Register (Volume 28, Number 19)
Permanent Final Adoptions

(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

pennit condition.

"Baseline actual emissions" means the rate ofemissions,

in TPY. of a regulated NSR pollutant, as detennined in accordaoce with paragraphs (A) through (E) ofthis definition.

(A) The baseline actual emissions shall be based on

current emissions data and the unit's utilization during

the period chosen. Current emission data means the

most current and accurate emission factors available

and could include emissions used in the source's latest

pennit or pennit 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 (EUSaU), baseline actual emissions

means the average rate, in TPY, at which the unit

actually emitted the pollutant during any conseeutive

24-month period selected by the owner or operator

within the 5-year period immediately preeeding the

date that a complete pennit application is reeeived

by the Director for a pennit required under OAC

252:100-8. The Director shall allow the use ofa different time period upon a detennination that it is more

representative ofnonnal source operation.

(i) The average rate shall include fugitive

emissions to the extent quantifiable, and emissions

assoeiated with start-ups, shutdowns, and malfunctions.

(ii) The average rate shall be adjusted downward to exclude any noneompliant emissions that

occurred while the souree was operating above an

emission limitation that was legally enforeeable

during the eonsecutive 24-month period.

(iii) For a regulated NSR pollutant, wheo a

project involves multiple emissions units, only

one consecutive 24-month period shall be used to

detennine the baseline actual emissions for all the

emissions units affected by the project. A different

consecutive 24-month period ean be used for eaeh

regulated NSR pollutaot.

(iv) The average rate shall not be based on any

consecutive 24-month period for which there is

inadequate information for detennining annual

emissions, in TPY, and for adjusting this amount if

required by (B)(ii) ofthis definitioo.

(C) For an existing emissions unit (other than

an EUSaU), baseline aetual emissions means the

average rate in TPY, at whieh the emissions unit aetually emitted the pollutant during any consecutive

24-month period selected by the owner or operator

within the 10-year period immediately preeeding

either the date the owner or operator begins actual

construction of the project, or the date a complete

pennit application is received by the Director for a

pennit 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 Nuvember 15, 1990.

(i) The average rate shall inelude 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 eonsecutive 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 eurrently comply,

had such major stationary source been required to

eomply with such limitations during the consecutive 24-month period. However, if an emission

limitation is part of a MACT standard that the

Administrator proposed or promulgated under 40

CFR 63, the baseline actual emissions need only

be adjusted ifDEQ has taken credit for such emissions reduction in an attainment demonstration or

maintenance plan eonsistent 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 conseeutive 24-month period must be used

to detennine the baseline actual emissions for the

emissions units being changed. A different eonsecutive 24-month period ean be used for each

regulated NSR pollutant.

(v) The average rate shall not be based on any

consecutive 24-month period for whieh there is

inadequate infonnation for detennining annual

emissions, in TPY, and for adjusting this amount if

required by (C)(ii) aDd (iii) ofthis definition.

(D) For a new emissions unit, the baseline actual

emissions for purposes of detennining the emissions

increase that will result from the initial construetion 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 EUSOU in aeeordance with the procedures eontained

in paragraph (B) of this definition, for other existing

emissions units in accordanee with the procedures

eontained in Paragraph (C) ofthis definition, and for a

new emissions unit in accordance with the procedures

cootaioed io paragraph (D) ofthis defioition.

"Baseline area" means any intrastate areas (and every

part thereof) designated as attainment or unclassifiable under

sectioo lQ7(d)(l)(D) SF (g) 107Id)(])IA)lii) or (iii) ofthe Aet

in which the major souree or major modification establishing

Oklahoma Register (Volume 28, Number 19) 1190 June 15, 2011
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:~~lli!Lto or greater than

I Fg/m 3 (annual average) efthe pell"taRt fer whish the miner

S81:H'ee easelifle elate is estaalisaee. for S02' NOZ or PM.li!,;.Q[

equal or greater than 0.3 Fg/m.l(annual average) for PMU .:.

(A) Area rcdesignations under section

Ig7(a)(I)(IJ) er (B) 107(d)(\)(A)(ii) or (iii) of

the Act cannot interseet or be smaller than the area

of impact of any major stationary source or major

modification which:

(i) establishes a minor source baseline date; or

(ii) is subject to 40 CFR 52.21 or OAC

252:100-8, Part 7, and would be constructed in

the same State as the State proposing the redesignation.

(B) Any baseline area established originally for the

TSP increments shall remain in effect and shall apply

for purposes of determining the amount of available

PM-+Q. PM.lit increments, except that such baseline

area shall not remain in effect ifthe Director rescinds

the corresponding minor source baseline date in

accordance with paragraph (D) of the definition of

"baseline date".

"Baseline concentration" means that ambient concentration level that exists in the baseline arca at the time ofthe applicable minor source baseline date.

(A) A baseline concentration is detennined for

each pollutant for which a minor source baseline date

is established and shall include:

(i) the actual emissions rcprcsentative of

sources in existencc on thc applicable minor

source baseline date, except as provided in (B) of

this definition.

(ii) the allowable emissions of major stationary sources that commenced construction before

the major source baseline datc, 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 affcct the applicable maximum allowable increase(s):

(i) actual emissions from any major stationary

source on which construction commcnced after the

major source baseline date; and,

(ii) actual emissions increases and decreases

at any stationary source occurring after the minor

source baseline date.

"Baseline datetl means:

(A) Major sourcc baseline date means:

(i) in the case ofpartis"lat. matter PMJ.lI and

sulfur dioxide, January 6, 1975,..and~

(ii) in the case of nitrogen dioxide, February 8,

1988~; and

I.ilil. in the case ofPMu ,October 20, 2010.

(B) Minor source baseline date mcans the earliest

date aftcr thc triggcr date on which a major stationary source or major modification (subject to 40 CFR

Permanent Final Adoptions

52.21 or OAC 252:100-8, Part 7) submits a complete

application. The trigger date is:

(i) in the case of partis"late matter PMJ.lI and

sulfur dioxide, August 7, 1977,..and~

(ii) in the case of nitrogen dioxide, February 8,

1988~· and

I.ilil. in the case of PMU , October 20, 20 I!.

(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

lQ7(a)(i)(D) er (8) 107(d){\)(A)(ii) or (iii) ofthe

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 ofthe 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-+Q. PMill increments,

except that the Director may rescind any such minor

source baseline date where it can be shown, to the satisfaction of the Director, that the emissions increase

from thc major stationary source, or the net emissions

increase from the major modification, responsible

for triggering that date did not result in a significant

amount ofPM-+Q. PM.l.Q emissions.

"Begin actual construction" means in general, initiation

of physical on-site construction activities on an emissions unit

which are ofa permancnt 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 refcrs to those on-site activities, other

than preparatory activities, which mark thc initiation

ofthe change.

"Best available control technology" or "BACT" means

an cmissions limitation (including a visible emissions standard) based on the maximum degree of reduction for each

regulated NSR pollutantwhich 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, dctermines is achievable for such source or modification through

application of production processes or available mcthods,

systems, and tcchniques, including fuel cleaning or treatment

or innovative fuel combination tcchniques for control of such

pollutant. In no event shall application of BACT result in

cmissions of any pollutant which would exceed the emissions

allowed by any applicable standard under 40 CFR parts 60 and

June 15. 20ll 1191 Oklahoma Register (Volume 28, Number 19)
Permanent Final Adoptions

61. Ifthe 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

practiee, operational standard or eombination thereof, may be

prescribed instead to satisfy the requirement for the application

ofBACT. Such standard shall, to the degree possible, set forth

the emissions reduction achievable by implementation of

such design, equipment, work practice or operation, and shall

provide for compliance by means which achieve equivalent

results.

"Clean coal technology" means any technology, including technologies applied at the precombustion, combustion, or

post eombustion stage, at a new or existing facility which will

achieve signifieant reductions in air emissions ofsulfur dioxide

or oxides of nitrogen associated with the utilization of coal in

the generation of electrieity, or process steam which was not in

widespread use as ofNovember 15,1990.

"Clean coal technology demonstration project" means

a projeet using funds appropriated under the heading "Depart_

ment ofEnergy-Clean Coal Technology", up to a total amount

of$2,500,000,000 for commercial demonstration ofelean eoal

technology, or similar projects funded through appropriations

for the EPA. The Federal contribution for a qualifying project

shall be at least 20% of the total cost of the demonstration

project.

"Commence" means, as applied to construetion ofa major stationary source or major modifieation, that the owner or

operator has all neeessary preconstruction approvals or permits

and either has:

(A) begun, or caused to begin, a eontinuous program of actual on-site construction ofthe source, to

be completed within a reasonable time; or,

(B) entered into binding agreements or contraetual

obligations, whieh eannot be cancelled or modified

without substantial loss to the owner or operator, to

undertake a program of actual construction of the

source to be completed within a reasonable time.

"Construction!' means any physical change or ehange

in the method of operation (including fabrication, erection,

installation, demolition, or modification of an emissions unit)

that would result in a change in emissions.

"Continuous emissions monitoring system" or

"CEMS" means all of the equipment that may be required

to meet the data acquisition and availability requirements to

sample, eondition (ifapplicable), analyze, and provide a record

ofemissions on a continuous basis.

"Continuous emissions rate monitoring system" or

"CERMS" means the total equipment required for the determination and recording ofthe pollutant mass emissions rate (in

tenns ofmass per unit oftime).

"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, eontrol device secondary voltages and electrie currents)

and other information (for example, gas flow rate, O2, or CO2

concentrations), and to record average operational parameter

value(s) on a continuous basis.

"Electric utility steam generating unit" or "EUSGU"

means any steam electric generating unit that is construeted for

the purpose of supplying more than one-third of its potential

electric output eapacity 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 ofthe affected facility.

"Emissions unit" means any part of a stationary source

that emits or would have the potential to emit any regulated

NSR pollutant and includes an EDSOD. 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 eonstructed and that has existed

for less than 2 years from the date sueh emissions unit

first operated.

(B) An existing emissions unit is any emissions

unit that does not meet the requirements in paragraph

(A) ofthis definition. A replacement unit is an existing emissions unit.

"Federal Land Manager" means with respect to any

lands in the United States, the Secretary ofthe department with

authority over such lands.

"High terrain" means any area having an elevation 900

feet or more above the base ofthe stack ofa source.

"Innovative control technology" means any system of

air pollution control that has not been adequately demonstrated

in practice, but would have a substantial likelihood of achieving greater continuous emissions reduction than any control

system in eurrent practice or of achieving at least comparable

reductions at lower cost in terms of energy, economies, or

non-air quality environmental impaets.

"Low terrain" means any area otherthan high terrain.

"Major modification" means:

(A) Any physieal ehange in or change in the

method of operation of a major stationary souree

that would result in a significant emissions inerease

of a regulated NSR pollutant and a significant net

emissions increase of that pollutant from the major

stationary source is a major modifieation.

(i) Any signifieant emissions increase from

any emissions units or net emissions increase at a

major stationary souree that is signifieant for VOC

or NOx shall be considered significant for ozone.

(ii) A physical change or change in the method

ofoperation shall not include:

(I) routine maintenance, repair and replacement;

(II) use of an alternative fuel or raw material by reason of any order under seetions

2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any

Oklahama Regisfer (Volume 28, Number 19) 1192 June 15, 201 I
superseding legislation) or by reason of a natural gas curtailment plan pursuant to the Federal

Power Act;

(III) usc of an alternative fuel by reason of

an order or rule under section 125 ofthe 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, (unlcss such change would be prohibited

under any enforceable permit condition which

was established after Ianuary 6, 1975) or the

source is approved to use under any pennit issued undcr 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 pennit condition which was established after Ianuary 6,1975;

(VB) any change in source ownership;

(VIII) the installation, operation, cessation,

or removal of a temporary clean coal technology dcmonstration 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

terminatcd;

(IX) the installation or operation of a permancnt clean coal technology demonstration

project that constitutes repowering, providcd

that the project does not result in an increase in

the potential to emit of any rcgulated pollutant

(on a pollutant-by-pollutant basis) cmittcd by

the unit; or

(X) thc rcactivation of a very clean

coal-fired EUSGU.

(B) This definition shall not apply with respcct to

a particular regulated NSR pollutant whcn the major

stationary source is complying with the requirements

under OAC 252: 100-8-38 for a PAL for that pollutant.

Instead, the definition of "PAL major modification" at

40 CFR 51.166(w)(2)(viii) shall apply.

"Major stationary source" means

(A) A major stationary source is:

(i) any of the following stationary sourccs of

air pollutants which emits, or has thc potential to

emit, 100 TPY or more of a regulated NSR pollutant

(I) carbon black plants (furnace process),

(II) charcoal production plants,

(III) chemical process plants, (not including ethanol production facilities that producc

ethanol by natural fcrmentation included in

NAICS codcs 325193 or 312140),

Permanent Final Adoptions

(IV) coal cleaning plants (with thermal dryers),

(V) coke oven batterics,

(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

morc than 250 million BTU per hour hcat input,

(Vlll) fuel conversion plants,

(IX) glass fiber processing plants,

(X) hydrofluoric, sulfuric or nitric acid

plants,

(XI) iron and stcel mill plants,

(XII) kraft pulp mills,

(Xlll) lime plants,

(XIV) municipal incinerators capable of

charging more than~250 tons of refuse per

day,

(XV) petroleum refineries,

(XVI) petroleum storage and transfer units

with a total storage capacity excceding 300,000

barrels,

(XVII) phosphatc rock processing plants,

(XVlll) 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) sulfurrecovery plants, or

(XXVI) taconite ore processing plants;

(ii) any other stationary source not on the list

in (A)(i) of this dcfinition which emits, or has the

potcntial to emit, 250 TPY or more of a regulated

NSR pollutant;

(iii) any physical change that would occur at

a stationary source not otherwise qualifying as a

major stationary source under this dcfinition ifthc

change would constitute a major stationary sourcc

by itself.

(B) A major source that is major for VOC or NOx

shall be considcred major for ozone.

(C) Thc 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 ofthe following categories ofstationary sources:

(i) the stationary sources listed in (A)(i) ofthis

definition;

(ii) any otherstationary source category which,

as ofAugust 7, 1980, is being regulated under section III or 112 ofthe Act.

"Necessary preconstruction approvals or permits"

means those permits or approvals required under all applicable

air quality control laws and rules.

"Net emissions increase" means:

June 15, 2011 JI93 Oklahoma Register (Volume 28, Number 19)
Permanent Final Adoptions

(A) with respect to any regulated NSR pollutant

emitted by a major stationary source, the amount by

which the sum ofthe following exceeds zero:

(i) the increase in emissions from a particular

physical change or change in the method of operation at a stationary source as calculated pursuant to

OAC 252: 100-8-30(b); and,

(ii) any other increases and decreases in actual emissions at the major stationary source that

are contemporaneous with the particular change

and are otherwise creditable. Baseline actual

emissions for calculating increases and decreases

under (A)(ii) oflhis 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 ycars before

the date that the incrcase from the particular change

occurs.

(C) An incrcase or decrease in actual emissions is

creditable only if:

(i) it is contemporaneous; and

(ii) the Director has not relied on it in issuing a

permit for the source under OAC 252: 100-8, Part

7, which pennit is in effect when the increase in actual emissions from the particular change occurs.

(D) An increase or decrease in actual emissions

of sulfur dioxide, particulate matter, or nitrogen oxides that occurs bcfore the applieable minor source

baselinc date is creditable only ifit is required to be

considered in calculating the amount of maximum

allowable inereases 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 aetual emissions is creditable

only to the extent that it meets all the conditions in

(F)(i) through (iii) ofthis 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 aetual

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 publie health and

welfare as that attributed to the increase from the

particular ehange.

(G) An inerease that results from a physical change

at a source occurs when the emissions unit on which

construction occurred beeomes operational and begins to emit a particular pollutant. Any replacement

unit that requires shakedown becomes operational

only after a reasonable shakedown period, not to exeeed 180 days.

(H) Paragraph (A) of the definition of "actual

emissionsII shall not apply for determining creditable

increases and decreases.

"Potential to emit" means the maximum capacity of a

stationary source to emit a pollutant under its physical and

operational design. Any physical or operational limitation

on the capacity of the source to emit a pollutant, including air

pollution control equipment and restrictions on hours of operation or on the type or amount ofmaterial combusted, stored or

processed, shall be treated as part ofits design if the limitation

or the effect it would have on emissions is enforceable. Secondary emissions do not count in detennining the potential to

emit ofa stationary source.

"Predictive emissions monitoring system" or "PEMS"

means all ofthe 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, 02, or CO2 concentrations), and calculate and rccord the mass emissions ratc (for

example, lb/hr) on a continuous basis.

"Prevention of Significant Deterioration (PSD) program" mcans a major source preeonstruction permit program

that has becn approved by the Administrator and incorporated

into the plan to implement the requirements of40 CFR 51.166,

or the program in 40 CFR 52.21. Any permit issued undersuch

a program is a major NSR permit.

"Project" means a physical change in, or change 10

mcthod ofoperation of, an existing major stationary source.

"Projected actual emissions" means

(A) Projected actual cmissions means the maximum annual rate, in TPY, at which an existing

emissions unit is projected to emit a regulated NSR

pollutant in anyone ofthe 5 years (12-month period)

following the date the unit resumes regular operation after the project, or in anyone of the 10 years

following that date, if the project involves increasing

the emissions unit's design capaeity 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 detennining the projected actual emissions

under paragraph (A) ofthis definition (before beginning actual construction), the owner or operator ofthe

major stationary souree:

(i) shall consider all relevant infonnation,

including but not limited to, historieal operational data, the company's own representations,

the company's expected business activity and the

eompany's highest projeetions of business activity,

the company's filings with the State or Federal

regulatory authorities, and compliance plans under

the approved plan; and

(ii) shall inelude fugitive emissions to the extent quantifiable and emissions associated with

start-ups, shutdowns, and malfunctions; and

(iii) shall exclude, in ealculating any inerease in

emissions that results from the particular project,

Oklahoma Register (Volume 28. Number 19) 1194 June J5, 2011
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) ofthis definition, may elect to use the

emissions unit's potential to emit, in TPY.

"Reactivation of a very clean coal-fired electric utility

steam generating unit" means any physical change or change

in the method ofoperation associated with the commencement

of commercial operations by a coal-fired utility unit after a

period ofdiscontinued operation where the unit:

(A) has not been in operation for thc two-year

period prior to the enactment of the Clean Air Act

Amendments of 1990, and the cmissions 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 efficicncy for particulates of no

less than 98%;

(C) is equipped with 10w-NOx burners prior to

the time of commencement of operations following

reactivation; and

(D) is otherwise in compliance with the requiremcnts of thc Act.

"Regulated NSR pollutant" means

(A) A regulated NSR pollutant is:

(i) any pollutant for which a NAAQS has

been promulgated and any pollutant identified

undcr (A)(j) of this dcfinition as a eSRs1i1liefl:1s Sf

13fe6tifS8FS fef SlieR ~811liHlft1S ieeftkfiee By 1Re

AEimiftistt:ater (e.g., '/.QC aRB }JO~ are fJre6tirSSrS

fef ezsfl:e); constituent or precursor to such pollutant. Prccursors identified by the Administrator

for pumoses ofNSR are the following·

ill volatile organic compounds and nitrogen oxides are precursors to ozonc in all attainmcnt and unclassifiable areas.

an sulfur dioxide is a precursor to PM,u,

in all attainment and unclassifiable areas.

!!ill nitrogen oxides are presumed to be

prccursors to PM,u, in all attainmcnt and unclassifiable areas unless the Statc demonstrates

to the EPA Administrator's satisfaction or EPA

demonstrates that cmissions of nitrogen oxides

from sources in a specific area are not a significant contributor to that area's ambient PMu

concentrations.

(IV) volatile organic compounds arc presumed not to bc precursors to PM1.2 in any

attainment or unclassifiable area. unless the

State demonstrates to the EPA Administrator's

satisfaction or EPA demonstrates that emissions

Permanent Final Adoptions

ofvolatile organic compounds from sources in a

specific area are a significant contributor to that

area's ambient PMu concentrations.

(ii) any pollutant that is subject to any standard

promulgated under section 111 ofthe Act;

(iii) any Class I or II substance subject to a standard promulgated under or establishcd by rirlc VI

ofthe Act; or

(iv) any pollutant that otherwise is ~subject

to regulation: under the Act.,....--as defined in the

dcfinition of "subject to regulation II in OAC

252: 100-8-31;

W PM emissions. PMu cmissions. and PM.ill

emissions shall include gaseous emissions from a

source or activity which condense to form particulate matter at ambient temperatures. Such condensable particulate mattcr shall be accounted for in applicability determinations and in establishing cmissions limitations for PM. PMlland PM.1.Q in PSD

permits.

(B) Regulated NSR pollutant does not include:

(i) any or all HAP either listed in section 112

of the Act or addcd to the list pursuant to section

l12(b)(2) of the Act, which have not been delisted

pursuant to section ll2(b)(3) ofthe Act, unlcss the

listed HAP is also regulatcd as a constituent or precursor of a general pollutant listed under section

108 ofthc Act; or

(ii) any pollutant that is regulatcd undcr section 112(r) ofthe Act, provided that such pollutant

is not otherwise regulated under the Act.

"Replacement unit" means an emissions unit for which

all the criteria listcd in paragraphs (A) through (D) of this

definition are met. No creditable emission reduction shall be

generated from shutting down the existing cmissions unit that

is replaced.

(A) Thc emissions unit is a reconstructcd unit

within the meaning of 40 CFR 60.15(b)(l), or the

emissions unit completely takes the place of an existing cmissions unit.

(B) The emissions unit is identical to or functionally equivalent to the replaced emissions unit.

(C) The replacement unit docs not alter the basic

design parameter(s) ofthe process unit.

(D) The replaced cmissions unit is permanently

removcd from the major stationary source. otherwise

permanently disabled. or permanently barred from

operating by a permit that is enforceable as a practical

matter. lfthc replaced emissions unit is brought back

into operation, it shall constitute a new emissions unit.

"Repowering" means

(A) Repowering shall mcan thc replacement of an

existing coal-fircd boiler with one of the following

clean coal tcchnologics: atmospheric or pressurized

fluidized bed combustion, integrated gasification

combincd cycle. magnetohydrodynamics, direct and

indirect coal-fired turbines, integrated gasification

fuel cells. or as determined by the Administrator, in

June 15, 2011 1195 Oklahoma Register (Volume 28, Number 19)
Permanent Final Adoptions

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 pcrfonnance

of technology in widespread commercial use as of

November 15, 1990.

(B) Repowering shall also include any oil andlor

gas-fired unit which has been awarded clean coal

technology demonstration funding as of January 1,

1991, by the Department ofEnergy.

(C) The Director shall give expedited consideration to pennit applications for any source that satisfies

the requirements of this definition and is granted an

extension under section 409 ofthe Act.

"Significant" means:

(A) In reference to a net emissions increase or the

potential of a source to emit any of the following

pollutants, signifieant means a rate of emissions that

would equal or cxceed any ofthe following significant

emission rates:

(i) carbon monoxide: 100TPY,

(ii) nitrogen oxides: 40 TPY,

(iii) sulfur dioxide: 40 TPY,

(iv) particulate matter: 25 TPY of particulate

matter emissions or 15 TPY ofPM--l4-PM12 emissions,

ill PM..,: 10 TPY of direct PMb,l emissions;

40 TPY ofsulfur dioxide emissions; or 40 TPY of

nitrogen oxide emissions unless demonstrated not

to be a PM2..2precursorunder the definition of"regulated NSR pollutant",

(".0.) ozone: 40 TPY ofVOC or NOx,

('fivii) lead: 0.6 TPY,

('fiiYili) fluorides: 3 TPY,

('fiiiill) sulfuric acid mist: 7 TPY,

(il<~ hydrogen sulfide (H,S): 10 TPY,

("!d) total reduced sulfur (including H,S): 10

TPY,

(";Jili) reduced sulfur compounds (including

H,S): 10 TPY,

('**.Mill municipal waste eombustor organics

(measured as total tetra-through octa-ehlorinated

dibenzo-p-dioxins and dibenzofurans): 3.5 x 10-6

TPY,

(~xiv) municipal waste combustor metals

(measured as particulate matter): 15 TPY,

(~XY) municipal waste eombustor acid gases

(measured as sulfur dioxide and hydrogen chloride): 40 TPY,

(*¥xvi) municipal solid waste landfill emissions

(measured as nonmethane organic compounds):

50 TPY.

(B) ~lslwithstaR<IiRg fA) sf this <I.IiRitiSR, "sig

nifisant" means ~' AnLemissions rate or any net

emissions increase associated with a major stationary

souree or major modification which would construct

within 6 miles ofa Class I area, and have an impact on

such area equal to or greater than 1 Fg/m3 (24-hour

average).

"Significant emissions increase" means, for a regulated

NSR pollutant, an increase in emissions that is significant for

that pollutant.

"Significant net emissions increase" means a significant

emissions increase and a nct increase.

"Stationary source" means any building, structure, facility or installation which emits or may emit a regulated NSR pollutant.

"Subject to regulationll 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 [ of 40 CFR,

that requires actual control of the quantity of emissions ofthat

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:

£Al Greenhouse gases rGHO) shall not be subject

to regulation except as provided in CD) through fE) of

this definition.

ill.! For pumoses of rC) through tE) of this definition. the tenn TPY COl. equivalentemissionsfCOill

shall represent an amount ofaHa emitted. and shall be

computed as follows:

ill Multiplying the mass amount of emissions

(in TPY). for each ofthe six greenhouse gases in the

pollutant aHa, by the gas' associated global wanning potential rGWP) published in Table A-I to subpart A of40 CFR Part 98 B Global Warming Potentials.

@ Summing the resultant value from fB)(i) of

this definition for each gas to compute a TPY C02e.

(Q The tenn emissions increase as used in CD)

through rEl of this definition shall mean that both a

significant emissions increase fas calculated using the

procedures in OAC 252:100-8-30rb)(]) through (5))

and a significant net emissions increase fas defined in

the definitions of"net emissions inerease" and "significant" in 252: 100-8-31) occur. For the pollutantGHG.

an emissions increase shall be based on TPY CO$...

and shall be caleulated assuming the pollutant aHa is

a regulated NSR pollutant. and "significant" is defmed

as 75.000 TPY COle and the emissions are otherwise

subject to regulation as previously described in this

definition.

ill} Beginning January 2, 2011. the pollutant GHG

is subjeet to regulation if it meets the other requirements ofthis definition and if:

ill The stationary source is a new major stationary source for a regulated NSR pollutant that

is not aHa. and also will emit or will have the

potential to emit 75.000 TPY COle or more: or

fill. The stationary source is an existing major

stationary source for a regulated NSR pollutant

that is not aHa and also will have an emissions

Oklahoma Register (Volume 28. Number 19) 1196 June15,2011
increase ora regulated NSR pollutant. and an emissions increase 0£75.000 TPY COle or more.

lID Beginning July \, 201 \, in addition to the provisions in IDl o[this definition. the pollutant GHG shall

also be subject to regulation:

ill At a new stationary source that will emit or

have the potential to emit 100.000 TPY CO.e: or

(ill At an existing stationary source that emits

or has the potential to emit 100.000 TPY CO$>

when such stationary source undertakes a physical

change or change in the method of operation that

will result in an emissions increase 0£75 000 TPY

COle or more.

ill 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 174 FR 66496. December 15.

2009), or light-duty vehicle greenhouse gas emission

standard 175 FR 25686. May 7. 2010). this definition

shall be enforceable only to the extent that it is enforceable by the EPA.

"Temporary clean coal technology demonstration

project" means a clean coal technology demonstration project

that is opcratcd 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 atIer the project is tenninated.

252:100-8-33. Exemptions

(a) Exemptions from the requirements of OAC

252:100-8-34 through 252:100-8-36. 2.

(I) The requirements of OAC 252:100-8-34 through

252: 100-8-36.2 do not apply to a particular major stationary sourcc or major modification if the source or

modification is:

(A) a nonprofit health or nonprofit educational

institution; or

(B) major only if fugitivc emissions, to the extent

quantifiable, are included in calculating the potential

to emit and such source is not one of the categories

listed in paragraph (C) of the definition of "Major

stationary source"; or

(C) a portable stationary source which has previously received a pennit under the requirements contained in OAC 252: 100-8-34 through 252: I00-8-36.2

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 respcct 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 undersection 107 ofthe Act.

(b) Exemption from air quality impact analyses in OAC

252:100-8-35(a) and (c) and 252:100-8-35. 2.

Permanent Final Adoptions

(1) The requirements of OAC 252:100-8-35(a) and

(c) and 252:100-8-35.2 are not applicable with respect to

a particular pollutant, if the allowable emissions of that

pollutant from a new source, or the net emissions increase

of that pollutant from a modification, would be temporary

and impact no Class J area and no area where an applicable

increment is known to be violated.

(2) The requirements ofOAC 252:100-8-35(a) and (c)

and 252:100-8-35.2 as they relate to any PSD increment

for a Class II area do not apply to a modification ofa major

stationary source that was in existence on March I, 1978,

ifthc nct increasc in allowable emissions ofeach regulated

NSR pollutant from the modification aller the application

ofBACT. would be less than 50 TPY.

(c) Exemption from air quality analysis requirements in

OAC 252:100-8-35(c).

(1) The monitoring requirements ofOAC 252:100-8-

35(c) regarding air quality analysis are not applicable

for a particular pollutant if the emission increase of the

pollutant from a proposed major stationary source or

thc net emissions increase of the pollutant from a major

modification would cause, in any arca, air quality impacts

less than the following B:fA8HBtS significant monitoring

concentrations (SMC):

(A) Carbon monoxide - 575 Fg/m3• 8-hour average,

(B) Nitrogen dioxide - 14 Fg/m" annual average,

(Q PMU - 4 ug/m)., 24-hour average,

(G0 Pafli6lilatB HlaltBfPM.lQ -IOFg/m3, TSP 8f

PM-l-Q, 24-hour average,

(Pill Sulfur dioxide -13 Fg/m" 24-hour average,

(HE) Ozone - no de minimis air quality level is provided for ozone, however any net increase ofI00 TPY

or more ofVOC or NOx subject to PSD would require

an ambient impact analysis, including the gathering of

ambient air quality data,

(FQ) Lcad- 0.1 Fg/m 3, 24-hour 3-month average,

(Gill Fluorides - 0.25 Fg/m3, 24-hour average,

(liD Total reduced sulfur - 10 Fg/m3, I-hour average,

(II) Hydrogen sulfide - 0.2 Fg/m3, I-hour average,

or

(JK) Reduced sulfur compounds - IOFg/m 3, I-hour

average.

(2) The monitoring requirements of OAC 252: 100-8-

35(c) are not applicable for a particular pollutant ifthe pollutant is not listed in preceding OAC 252: I00-8-33(c)( 1).

(d) Exemption from monitoring requirements in OAC

252:100-8-35(c)(I)(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 submittcd on or before June 8, 1981, and

the Director subsequently detennined that the application was complete except for the requirements in OAC

252: 100-8-35(c)(1 )(B) and (D). Instead, the requirements

in 40 CFR 52.21(m)(2) as in effect on June 19, 1978, shall

apply to any such source or modification.

June 15.2011 1197 Oklahoma Regisfer (Volume 28. Number 19)
Permanent Final Adoptions

(2) The requirements for air quality monitoring in

OAC 252:100-8-35(e)(I)(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 Direetor subsequently determined that the application

as submitted was complete, except for the requirements in

OAC 252:100-8-35(e)(I)(B) and (D).

(e) Exemption from the preapplication analysis required

by OAC 252:100-8-35(c)(I)(A), (B), and (D).

(l) The Director shall determine if the requirements

for air quality monitoring of PM W PMlQ in OAC

252:100-8-35(e)(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 I,

1988, and the Director subsequently determined that the

application, except for the requirements for monitoring

particulate matter under OAC 252: 100-8-35(e)(1 )(A), (B),

and (D), was complete before that date.

(2) The requirements for air quality monitoring

of J1M....W----.1M1O in OAC 252:100-8-35(c)(I)(B)(i),

252:100-8-35(e)(l)(D), and 252:100-8-35(c)(3) shall apply to a particular source or modification if an application

for a permit was submittcd after June I, 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 becamc othcIWise complete in accordance

with the provisions of OAC 252:100-8-35(c)(1)(C). except that if the Director detcrmincs 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(e)(l)(B)(ii) shall

have been gathered over that shorter period.

(I) Exemption from BACT requirements and air quality

analyses requirements. If a complete pcnnit application for

a source or modification was submitted before August 7. 1980

the requirements for BACT in OAC 252:100-8-34 and the requirements for air quality analyses in OAC 252:100-8-35(c)(1)

are not applicable to a particular stationary source or modification that was subject to 40 CFR 52.21 as in effect on June 19,

1978. Instead, the federal requirements at 40 CFR 52.21 (j)

and (n) as in effect on June 19, 1978, are applicable to any such

source or modification.

(g) Exemption from 0 ..£ 2;2,100 8 3;(oj(2j OAC

252:100-8-35(a)(1)(B\. The permitting requirements of-QAb

2!i2: 100 8 3!iEolE2j OAC 252: 100-8-35(a)(\)(B) do not apply

to a stationary source or modification with respcct to any PSD

increment for nitrogcn oxides if the owner or operator of the

source or modification submittcd a complete application for a

permit before February 8.1988.

252:100-8-35. Air quality impact evaluation

(a) Source impact analysis (impact on NAAQS and PSD

increment). THe sw:aer sr epefatsr sf tHe prspssea SS1:lree

er msaifieatiea SHall aemsRstt=ate tHat, as ef tHe SS1:lfse's

staFt l:lfl aate, allewaele emissisRs iRsrease [rem tHat se1:l:fse

ef fHsaifisatieR, is seRj1:lflstiss witH all ether ilf'plieable emis

sieRS iRsreases er reaRstieRs (iRslliaiRg sesaRaar)' emissisHs~

waola Ret SB1:lSe 8f ssRtFilmte te BH)' iHsrease iR amBieHt

sSRseatratieHs that wSlila 83'r.seea:

ill Required demonstration. The owner or operator

of the proposed source or modification shall demonstrate

that. as of the source's start-up date. allowable emissions

increases from that souree or modification. in conjunction with all other applicable cmissions increases or rcductions (including secondary cmissions) would not cause or

contribute to any increase in ambient conccntrations that

would cxcced:

(+A) any NAAQS in any air quality control region;

or

(~I!) thc remaining available PSD increment for the

specified air contaminants in any arca as determined

by the Director.

ill Sienilicant impact levels (SILs). For purposes of PMu . the dcmonstration required in OAC

252:100-8-35(a)(1) is deemed to have been made if the

emissions increasc from the new stationary sourcc alone or

from the modification alone would cause. in all arcas air

quality impacts less than the following significant impact

levels CSILsl.

(A) The SILs for PMB annual averaging time arc

0.06 uglm3 for a Class I Area 0.3 ug/m 3 for a Class 11

Area, and 0.3 ug/ml for a Class III Area.

.Qll The SILs for PMU 24-hour averaging time are

0.07 ug/ml for a Class I Area, 1.2 uglml for a Class 11

Area, and 1.2 uglml for a Class III Area.

(b) Air quality models.

(1) All estimatcs of ambient concentrations rcquired

under this Part shall be based on the applicable air quality models, data bases, and other requircmcnts spccified

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 existcd on January 2, 2006, is inappropriate, the model may

be modified or anothcr modcl substituted, as approvcd by

thc Administrator. Such a modification or substitution of

a model may be made on a case-by-casc basis or, where

appropriate, on a gcneric basis. Modified or substitutc

models shall be submittcd to the Administrator with

written concurrence of the Director. In addition, use of a

modified or substituted model must be subject to notice

and opportunity for public comment under proccdures set

forth in Sec. 51.102 as it existed on January 2, 2006.

(c) Air quality analysis.

(1) Preapplication analysis.

(A) Ambient air quality analysis. Any application for a permit undcr this Part shall contain, as the

Dircctor dctennines appropriate, an analysis of ambicnt 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;

Ok/ahoma Register (Volume 28, Number J9) 1198 June J5, 20JJ
(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 detennines is necessary to assess the

ambient air quality for that pollutant in that area.

(ii) NAAQS pollutants. For visibility and any

pollutant. other tban VOC, for whicb a NAAQS

does exist, the analysis shall eontain continuous

air quality monitoring data gathered to detennine

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 ofPM-+Q PM 10

under OAC 252:100-8-33(e)(I) and (2). the owner

or operator of the source or modification shall use

a monitoring method approved by the Director and

shall estimate the ambient conccntrations of.JlM--l..Q.

PMlQ using the data collected by such approved

monitoring method in accordance with estimating

procedures approved by the Director.

(D) Monitoring period. In gcneral, the required

continuous air monitoring data shall have been gathered over a period of up to one year and shall rcprescnt thc year preccding submission ofthe application.

Ambient monitoring data gathered over a period

shorter than one year (but no less than four months)

or for a time pcriod othcr than immediately preceding the application may be acceptable if such data

are detcnnined by the Director to be within thc timc

pcriod that maximum pollutant concentrations would

occur, and to be complete and adequate for detennining whether thc sourcc or modifieation will cause or

contribute to a violation of any applicable NAAQS

or consume more than the remaining available PSD

increment.

(E) Monitoring period exceptions.

(i) Exccptions for applications that became effective between June 8, 1981, and

February 9, 1982. For any application which

becamc complete except for thc monitoring rcquiremcnts of OAC 252:100-8-35(c)(I)(B)(ii)

and 252:100-8-35(c)(I)(D). between June

8. 1981. and February 9. 1982. the data that

252:100-8-35(c)(I)(B)(ii) requires shall have

been gathered over tbe period from February 9,

1981, to the date the application became otherwise

complete, except that:

(I) If the source or modification would

have been major for that pollutant under 40

CFR 52.21 as in effect on June 19, 1978, any

monitoring data shall have been gathered over

the period required by thosc rcgulations.

Permanent Final Adoptions

(II) If the Director determines that a complete and adequate analysis can be accomplished with monitoring data over a shorter

period, not to be less than four months, the data

that OAC 252:100-8-35(c)(I)(B)(ii) requires

shall have been gathered over that shorter period.

(Ill) If the monitoring data would relate

exclusively to ozone and would not have been

required under 40 CFR 52.21 as in effect on

June 19, 1978, the Director may waive the

otherwise applicable requirements of OAC

252:100-8-35(c)(I)(E)(i) to the extent that the

applicant shows that the monitoring data would

be unrepresentative of air quality over a full

year.

(ii) Monitoring period exception for

I'M-W PMllI' For any application that

beeame complete, exeept for the requirements of OAC 252:100-8-35(c)(I)(B)(ii) and

252:100-8-35(c)(I)(D) pertaining to monitoring of PM-Hl PM1lI, after December I, 1988,

and no latcr tban August I, 1989, tbe data tbat

252: 100-8-35(c)(I)(B)(ii) requircs shall bave

been gathered over at least the period from August I, 1988, to the date the application becomes

otherwise complete, except that if the Director

detennines that a complete and adequate analysis

can be accomplished with monitoring data over a

sborter period (not less than 4 months), the data

tbat 252: 100-8-35(c)(1 )(B)(ii) requires shall have

been gathered over that shorter period.

(F) Ozone post-approval monitoring. Thc owner

or operator of a proposed major stationary source or

major modification of VOC who satisfies all conditions ofOAC 252: 100-8-54 and 40 CFR 51. Appendix

S, Section IV as it existed on January 16, 1979, may

provide post-approval monitoring data for ozonc in

lieu of providing preconstruction data as rcquired

under OAC 252: 100-8-35(c)(I).

(2) Post-construction monitoring. The owner or

opcrator of a new major stationary source or major modification shall conduct, after construction, such ambient

monitoring and visibility monitoring as the Director detennines is necessary to detcnninc thc cffect its emissions

may have, or are having, on air quality in any area.

(3) Operation of monitoring stations. The operation

of monitoring stations for any air quality monitoring required under this Part shall meet the requirements of 40

CFR 58 Appendix B as it existed January 2, 2006.

PART 9. MAJOR SOURCES AFFECTING

NONATTAINMENT AREAS

252:100-8-50.1. Incorporation by reference

(a) Inclusion of CFR citations and definitions. When a

provision of Title 40 of tbe Code of Federal Rcgulations (40

June 15, 20 II 1199 Oklahoma Register (Volume 28. Number 19)
Permanent Final Adoptions

CFR) is incorporated by reference, all citations contained

therein are also incorporated by reference.

(b) Terminology related to 40 CFR. When these terms

are used in rules incorporated by reference from 40 CFR, the

following tenns or definitions shall apply.

(1) "Baseline actual emissions" is synonymous with

the definition of "baseline actual emissions" in OAC

252: 100-8-31.

(2) "Building, structure, facility, or installation" is

synonymous with the definition of "building, structure,

facility, or installation" in OAC 252: 100-1-3.

(3) "EPA" is synonymous with Department ofEnvironmental 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: I00-8-51.

!.Ql "Regulated NSR pollutant" is synonymous with

the definition of "rcgulated NSR pollutant" in OAC

252:100-8-51.

(6-1) "Reviewing authority" is synonymous with "Dircctor".

(+-~) "Secondary emissions" is synonymous with

the definition of "secondary emissions!l in OAC

252:100-8-1.1.

(&,2) "State implementation plan" is synonymous with

OAC 252:100.

(910) "Yolatile organic compound (YOC)" is synonymous with the definition of "volatile organic compound"

or "YOC" in OAC 252: I00-1-3.

252:100-8-51. Definitions

The definitions in 40 CFR 51.165(a)(I) are hereby incorporated by reference as they exist on July 2, 2QQ7 July 1, 2010,

except for the definitions found at 40 CFR 51.165(a)(I)(xxxv)

"baseline actual emissions"; (ii) "building, structure, facility,

or installation"; (xlv) "fixed capital cost"; (xliv) "functionally

equivalent component"; (v) "major modification"; (vi) "net

emissions increase"; (xliii) "process unit"; (xxxvii) "regulated NSR pollutant": (xxxviii) "reviewing authority"; (viii)

"secondary emissions"; (xlvi) "total capital investment"; and

(xix) "volatile organic compound (YOC)". With the exception

of "reviewing authority", "fixed capital cost", "functionally

equivalent component", !Iprocess 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 indicatcs otherwise.

"Major modification" means:

(A) Any physical change in, or change in the

method of operation of, a major stationary source

that would result in a significant emissions increase

of a regulated NSR pollutant and a significant nct

emissions increase of that pollutant from the major

stationary source is a major modification.

(i) Any significant emissions increase from

any emissions unit or net emissions increase at a

major stationary source that is significant for VOC

and/or oxides of nitrogen (NOx) shall be considered significant for ozone.

(ii) A physical ehange or change in the method

ofoperation shall not include:

(I) routine maintenance, repair and replacemcnt;

(II) use of an alternative fuel or raw material by reason of any order under scctions

2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any

supcrseding legislation) or by reason of a natural gas curtailment plan pursuant to thc Federal

Power Act;

(lll) use of an alternative fuel by reason of

an order or rule under section 125 ofthe Act;

(IV) use of an alternative fuel at a steam

gencrating unit to the extent that the fuel is generated from municipal solid waste;

(V) use of an alternative fuel or raw material by a source which the source was capable of

accommodating before December 21, 1976, unless such change would be prohibited under any

federally cnforceable permit condition which

was established aftcr December 21, 1976, or

the source is approved to usc 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;

(Vll) any change in source ownership;

(VIn) the installation, operation, cessation,

or removal of a temporary clean coal technology demonstration project, provided that the

project complies with OAC 252: 100 and other

requirements necessary to attain and maintain

the NAAQS during the project and after it is

terminated.

(B) This definition shall not apply with respect to

a particular regulated NSR pollutant when the major

stationary source is complying with the requirements

under OAC 252: 100-8-56 for a PAL for that pollutant.

Instead the definition at 40 CFR 51.165(f)(2)(viii)

shall apply.

(C) For the purpose of applying the requirements

ofOAC 252: 100-8-54.1(a) to modifications at major

stationary sources ofNOx located in ozone nonattainment areas or in ozone transport regions (as defined in

42 U.S.C. § 751Ic), whether or not subject to subpart

2, part D, title I of the Act, any significant net emissions increase of NO x is considered significant for

ozone.

Oklahoma Register (Volume 28, Number 19) 1200 June 15, 2011
(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, ifthe major stationary

source is located in an extreme ozone nonattainment

area that is subject to subpart 2, part D, title I of the

Act.

"Net emissions increase" means:

(A) With respect to any regulated NSR pollutant

emitted by a major stationary source, net emissions

increase shall mean the amount by which the sum of

the following exceeds zero:

(i) the increase in emissions from a particular

physical change or change in the method of operation at a stationary source as calculated pursuant to

OAC 252: 100-8-50(b); and,

(ii) any other increases and decreases in actual emissions at the major stationary source that

are contemporaneous with the particular change

and are otherwise ereditable. Baseline actual

emissions for calculating increases and decreases

under (A)(ii) ofthis 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 ifit occurs within 3 ycars before

the date that the increase from the partieular change

occurs.

(C) An increase or decrcase in actual emissions is

creditable only if:

(i) it is contemporaneous; and

(ii) the Director has not relicd on it in issuing a

permit under OAC 252: 100-8, Part 9, which permit

is in effect when the increase in actual emissions

from the particular change occurs.

(D) An increase in actual emissions is creditable

only to the extent that the new level of actual emissions exceeds the old level.

(E) A decrease in actual emissions is creditable

only to the extcnt that:

(i) the old level of actual emissions or the old

level of allowable emissions, whichever is lower,

exceeds the new level of actual cmissions;

(ii) it is enforceable as a practieal matter at and

after the time that actual construction on the particular change begins;

(iii) the Director has not relied on it in issuing

any permit under OAC 252: 100; and,

(iv) it has approximately the same qualitative significance for public health and welfare as

that attributed to the increase from the particular

change.

Permanent Final Adoptions

(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)(l)(xii)(B) of the

definition of "ac tual cmissions" shall not apply for

detennining creditable increases and decreases or

after a change.

"Regulated NSR pollutant" for pumoses of this Part

means any or all of the following:

(A} Nitrogen oxides or volatile organic compounds:

i.ID Any pollutant for which a NAAOS has been

promulgated:

(Q. 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 ofthe general pollutant. Precursors identified by the Administrator for purposes ofNSR are the

following:

ill Volatile organic compounds and nitrogen

oxides are precursors to ozone in all ozone nonattainment areas

@ Sulfur dioxide is a precursor to PMU in all

PM, 5nonattainment areas.

!.ilil Nitrogen oxides are presumed to be precursors to PMuin all PMu 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

PMu conccntrations.

llYl Volatile organic compounds and ammonia are presumed not to be precursors to PMU in

any PMl..,i 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 PMu concentrations. or

ill} PMuemissionsandPMlQemissions. including

gaseous emissionsfrom a source or activity which condense to fonn particulate matter at ambient temperatures. Such condensable particulate matter shall be accounted for in applicability detenninations and in cstablishing emissions limitations for PMu and PMlQin

nonattainment major NSR pennits.

252:100-8-51.1. Emissions reductions and offsets

(a) The requirements in 40 CFR 51.165(a)(3) regarding

emissions reductions and offsets arc hereby incorporated by

reference as they exist on July 2, 2007.

June 15, 2011 1201 Oklahoma Register (Volume 28, Number 19)
Permanent Final Adoptions

(b) }'4eetieg the 8missisHS effset r8EJ:1:liremeots in sl:ll3sestisR

OA£; 232: lQQ g § l.l(a~ fer aZBRs R8RaUaiRmenl aFeas that are

sllbjeet 18 s1ib~aff: 2, fJart D, title I aftRe Ae! shall be ia aeser

eaRS. wilh lh. '.'l"i••m.Rls iR 4Q CPR ~1.I~~(.)(9) whish is

hereby iBSsFflsrateEi ey reter8RS8 as it enists 88 JHly 2, 2QQ7.

The requirements in subsection 40 CFR 51.165(3) (9) dealing

with offset ratios are hereby incorporated by reference as they

exist on July 1. 2010.

(c) The requirements in 40 CFR 51.165(a)(II) regarding

emission offsets are hereby incorporated by reference as they

exist on July 1, 2011.

252: 100-8-52. Applicability determination for sources in

attainment areas causing or contributing

to NAAQS violation

(a) The requirements in 40 CFR 51.165(b) regarding a

source located in an attainment or unclassifiable area but

causing or contributing to a NAAQS violation are hereby in·

corporated by reference as they exist on lui)' 2, 2QQ7 December

20,2010.

(b) Sources of VOC located outside a designaled ozone

nonattainment area will bc presumed to have no significant

impact on the designated nonattainment area. If ambient

monitoring indicates that the area ofsource location is in fact

nonattainment, then the source may be granted its pefilit since

the area has not yet been designated nonattainment.

(c) Sources locating in an attainment area but impacting on

a nonattainment area above the significant levels listed in OAC

252: 100-8-52(a) are exempted from lhe condition of OAC

252: 100-8-54(4)(A).

(d) The detennination whether a source or modification

will cause or contribute to a violation of an applicable ambient

air quality standard for sulfur dioxide, particulate matter or

carbon monoxide will be made on a case-by-case basis as of

the proposed new source's start-up date by an atmospheric simulation model. For sources ofnitrogen oxides the model can bc

uscd for an initial detennination assuming all the nitric oxide

emitted is oxidized to nitrogen dioxide by the time thc plume

reaches ground level, and the initial concentration estimates

will be adjusted ifadequate data are available to account for the

expected oxidation ratc.

(e) The detennination as to whether a source would cause

or contribute to a violation of applicable ambient air quality

standards will bc made on a ease-by-case basis as of the new

sourcc's start-up date. Therefore, ifa designated nonattainment

area is projected to be attainment as part ofthe state implementation plan control strategy by the new source start-up date,

offsets would not be required ifthe new source would not cause

a new violation.

[OAR Docket #11-698;filed 5-18-11]

TITLE 252. DEPARTMENT OF

ENVIRONMENTAL QUALITY

CHAPTER 100. AIRPOLLUTIONCONTROL

[OAR Docket #11-699J

RULEMAKING ACTION:

PERMANENT final adoption

RULES:

Subchapter 5. Registration, Emission Inventory and Annual Operating

Fees

252:100-5-2.3. Annual operating fees for area sources of air pollution

[NEW]

Subchapter 7. Permits for Minor Facilities

Part 2. PennitApplieation Fees

252: 100-7-3. Pennit application fees [AMENDED]

Subehapter 8. Pennits for Part 70 Sources

Part 3. Permit Application Fees

252: 100-8-1.7. Pennit application fees [AMENDED]

AUTHORITY:

Environmental Quality Board and Air Quality Advisory Council powers

and duties, 27A O.S., §§ 2-2-101 and 2·2·201; and Oklahoma Clean Air Act,

27A O.S., §§ 2-5·101 etseq.

DATES:

Comment period:

September 15, 2010 through October 27, 20 I0

December 15, 2010 through January 19,2011

February 25, 2011

Public hearing:

October 27, 2010

January 19,2011

February 25, 2011

Adoption:

February 25, 2011

Submitted to Governor:

March 4, 2011

Submitted to House:

Mareh 4, 2011

Submitted to Senate:

March4,2011

Gubernatorial approval:

April 12, 2011

Legislative approval:

Failure of the Legislature to disapprove the rule(s) resulted in approval on

May 3, 2011

Final adoption:

May 3, 2011

Errective:

July 1,2011

SUPERSEDED EMERGENCY ACTIONS:

nf,

INCORPORATIONS BY REFERENCE:

nf,

ANALYSIS:

The Department is proposing to add a ncw section to Subchapter 5 of the

Air Pollution Control Rules that will alter the current fee structure to allow

the agency to invoice certain "area sources" of hazardous air pollutants. The

proposed new section will require area sources that are subject to National

Emission Standards for HazardousAir Pollutants (NESHAP) but notsubject to

permitting requirements to pay an annual operating fee. (Note that pennitted

facilities currently pay an annual operating fee based on emissions.) In

addition, the Department is proposing inereases in permit application fees in

Subehapters 7 and 8.

CONTACT PERSON:

Cheryl E. Bradley, Department of Environmental Quality, Air Quality

Division, 707 North Robinson, P.O. Box 1677, Oklahoma City, Oklahoma

73101-1677, (405) 7024100.

PURSUANT TO THE ACTIONS DESCRIBED HEREIN,

THE FOLLOWING RULES ARE CONSIDERED

FINALLY ADOPTED AS SET FORTH IN 75 O.S.,

Oklahoma Register (Volume 28, Number 19) 1202 June 15. 2011
AIR QUALITY DIVISION

2011

State Implementation Plan

Oklahoma Administrative Code

252:100

Appendix E

Submitted to EPA

March 2012
January 7, 2011

MEMORANDUM

TO: Members ofthe Air Quality Advisory Council

FROM: Eddie Terrill, Director

Air Quality Division

SUBJECT: Proposed Update ofAppendix E, Primary Ambient Air Quality Standards

Enclosed are the proposed rule changesto update Appendix E along with the Rule Impact Statement.

As required by the Rules on Rulemaking, the existing Appendix E will be revoked and replaced with

a new Appendix E that includes recent changes to the National Ambient Air Quality Standards

(NAAQS) for nitrogen dioxide (N0z) and sulfur dioxide (SOz).

The federal Clean Air Act requires EPA to establish NAAQS for pollutants considered harmful to

public health and the environment. The NAAQS specify the maximum acceptable levels of

pollutants in outdoor air and have been established for six primary (criteria) pollutants: carbon

monoxide, nitrogen oxides, lead, sulfur dioxides, ozone and particulate matter, which is divided into

PMIO and PMzs.

The Clean Air Act further requires that the EPA periodically review and revise the NAAQS. On

February 9, 20 I0, EPA promulgated the new I-hourNOzprimary standard of! 00 ppb (75 FR6473).

EPA promulgated the new I-hour SOz primary standard of 75 ppb and revoked the 24-hour and

annual standards on June 2, 2010 (75 FR 35519). EPA is expected to revise the secondary standarqs

for NOz and SOz next year.

Appendix E is currently part ofOklahoma's EPA-approved State Implementation Plan (SIP). The

proposed changes are necessary to update the primary ambient air quality standards in the state rule

to make them consistent with, and as protective as, the federal standards. Upon promulgation, the

new Appendix E will be submitted to EPA as a revision to the SIP.

Notice ofthe proposed rule changes was published in the Oklahoma Register onDecember 15,2010.

The notice requested written comments from the public and other interested parties. No comments

have been received to date.

Staffwill request that the Council vote to recommend that the updated rule be forwarded to the

Environmental Quality Board for adoption as a permanent rule.

Enclosures: OAC 252:100-3. Appendix E. Primary Ambient Air Quality Standards

[REVOKED]

Proposed OAC 252:100-3. Appendix E. Primary Ambient Air Quality Standards

[NEW]

Rule Impact Statement
APPENDIX E. PRIMARY AMBIENT AIR QUALITY STANDARDS [NEW]

Sulfur Carbon Nitrogen

Dioxide PM-10 PM 2.5 Monoxide Ozone Dioxide Lead

40 mg/m3

1-hr. max 1615 ppb (2)35 ppm (9)100 ppb

10 mg/m3

B-hr. max (2)9 ppm 14p.075 ppm

24-hr. max (7) 150 ug/m3 (5)~5 lJglm3

Rolling 3-

month

3 average (3) 0.15 ug/m

Annual '5' 15 u!l/m' 111 53 ppb

(1) Annual arithmetic mean

(2) Not to be exceeded more than once per year

(3) Not to be exceeded more than once during a 3-year period as provided in 40 CFR 50, Appendix R.

(4) The standard is attained when the computed 3-year average of the annual 4th-highest daily maximum 8-

hour average does not exceed 0.075 ppm, as provided in 40 CFR 50.15.

(5) The standard is attained when the 98th percentile concentration is equal to or less than the numerical

standard as determined by 40 CFR 50, Appendix N.

(6) The standard is attained when the annual arithmetic mean is equal to or less than the numerical standard

as determined by 40 CFR 50, Appendix N.

(7) The standard is attained when the expected number of days per calendar year with a 24-hour average

concentration above 150 ug/m3

, as determined in accordance with 40 CFR 50, Appendix K is equal to or less

than one.

(8) The standard is attained when the 3-year average of the 99th percentile of the daily maximum 1-hour

average at each monitor within an area does not exceed 75 ppb, as determined in accordance with 40 CFR

50, Appendix T.

(9) The standard is attained when the 3-year average of the 98th percentile of the daily maximum 1-hour

average concentration at each monitor within an area does not exceed 100 ppb as determined in accordance

wilh 40 CFR 50, Appendix S.
_ TIIE AIR QUALITY COUNCIL

RULEMAKING RECOMMENDATION

TO THE ENVIRONMENTAL QUALITY BOARD

Identification of Proposed Rnlemaking:

Chapter Number and Title: OAC 252:100

Appendix E. Primary Ambient Air Qnality Standards [REVOKED]

Appendix E. Primary Ambient Ail" Quality Standards [NEW]

On January 19, 2011 , the members of this Council, by authority vested in them by the Oklahoma

Environmental Quality Code (27 O.S. Sec. 2-2-201), by roll cal1 vote, recommended to the Environmental

Quality Board that the rulemaking described above be adopted as:

_X.__ permanent [take effect after legislative review]

emergency [temporary, to take effect upon approval by the Governor because oftime]

This Council has considered the proposed rulemaking and comments about it and determined, to the best of its

knowledge, that all applicable requirements of the Oklahoma Administrative Procedures Act have been followed.

This Council authorizes the Department to prepare this recommended rulemaking for the Board, making any changes

approved by the Council, correcting typographical, grammatical and reference errors, and fonnatting them as required

by the Office ofAdministrative Rules. This is to be done with the understanding that such changes shall neither alter

the sense ofwhat this Council recommends nor invalidate this recommendation.

Respectful1y,

~V1/---~ Date Signed:'---L.J_--,--/~~~~-,-/_/_

VOTING TO VOTING ABSTAIN ABSENT

APPROVE AGAINST

David Brane~ y..

Montelle Clark

GarvCollins -;,

David Gamble -"-

Jim Hall.ht v

Laura Lodes Y.

Robert Lvnch It

Sharon J\fv"ers "-

PeteWhite v::
TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY

CHAPTER 100. AIR POLLUTION CONTROL

EXECUTIVE SUMMARY

APPENDIX E. PRIMARY AMBIENT AIR QUALITY STANDARDS

Before the Air Quality Advisory Council on January 19,2011

Before the Environmental Quality Board on February 25,2011.

EXECUTIVE SUMMARY:

The proposed amendments to Appendix E would change the primary ambient air quality

standards for nitrogen dioxide and sulfur dioxide to be consistent with the National Ambient Air

Quality Standards.

DIFFERENCES FROM ANALOGOUS FEDERAL RULES:

None.

ENVIRONMENTAL BENEFIT STATEMENT:

Not required because these rules are not more stringent than corresponding federal rules.

SUMMARY OF COMMENTS AND RESPONSES:

COMMENT:

EPA Region VI supports this action.

RESPONSE:

None required.
rmanent Final Adoptions s

TITLE 252. DEPARTMENT6F • ENVIRONMENTAL QUAhUY . CHAPTER100. AIR POLLUTIONCONTROL

[OAR Docket #1 I-701]

RULE.I\1AKINGACnON:

PERMANENT final adoption

RULES:

Appendix E. Primary AmbientAirQuality St.a.ndards [REVOKED}

Appendix E._Primary AmbicntAir Quality Standards[NEW)

AUTHORITY:

Environmental QualJty Board and Air Quality Adyisory Council powers

and duties. 27A O.S., §§ 2-2-101 and 2-2-201; and Oklahoma Clean AirAct.

27AO.S.• §§ 2·5·101 etseq.

DATES,

CamPlen. period:

December 15,2010 through January 19.2011

Fehruary25,2011

Public: beariDg:

January 19,2011

February 25.201 I

Adoption:

February 25, 2011

Submittrd to Goveruor:

March 4, 2011

Submlfttd to House:

March 4, 2011

Suo ·'fed roScuRte:

,h4.>01]

"notorial approval:

r'fiI12.20]1

Legislative apPllWal:

FailuIO ofthe Legislature to disapprove the ruJe(s) resulted in appTOV8[ on

May 3,2011

Final adoptioo:

May3,2011

Effecth'c:

July], lOll

SUPERSEDED EMERGENCY ACTIONS'

nI,

INCORPORATIONS BY REFERENCE:

nI,

ANALYSIS:

To protect the public health and welfare, DEQ proposes to revoke the

primary nir quality standards in Appendix E and replace it with a new

A'pp~ndix E that adds a I-hour nitrogen dioxide standard of 100 ppb, a sulfur

dioxide standard of75 ppb. and removesthe 24-hour and annual sulfurdioxide

slandards. The Conn ofthe new nitrogen dioxide primary standard is ouained

when the three year average ofthe 9Slh perccotile ofthedaily maximum l~hour

average concentration al each monitor within an area does 001 exceed 100

ppb. The Corm ofthe new sulfurdioxide primaryslandntd is attained when the

three YCIlr avomge ofthe 99th percentile oC the daily maXimuQI l..f1our average

con~ntra~on at.each monitor witldn an area does not ~ceed 75 ppb. These

modifications mUTOr the changes made to the National Ambient Air Quality

Standll1ds that became effective January 22, 2010· for nitrogen dioxide. and

Augll.st23. 2010 forsulfurdiox.ide. .

CONTACT PERSON,

Cheryl E. Bradley. Department of Environmenlal Quality, Air Quality

Division, 707 North RDbinson. P.O. Box 16n, Oklahoma City. Oklahoma

13lOl-]611.(40S) 102-4]00.

PURSUANT TO THE ACTIONS DESCRIBED HEREIN,

THE FOLLOWING RULES ARE CONSIDERED

FINALLY ADOPTED AS SET FORTH IN 75 O.S.,

SECfION 308.I(A),. WITH AN EFFECTIVE DATE

OFJULY 1, 2011:
Permanent Final Adoptions

APPENDIXE. PRIMARY AMBIENT AIR QUALITY STANDARDS [REVOKED] - .---=-

APPENDIX E~ PRIMARY AMBIENT AIR QUALITY STANDARDS [NEW]

Sulfur Carbon Nitrogen

Dioxide PM-l0 PM 2.5 Monoxide Ozone Dioxide Lead

40 mg/m'

l·hr.max (.,75 ppb 1~35ppm (9)100 ppb

.

10 mg/m3

8-hr.max (2\9 ppm (4)0.016 ppm

24-hr. max m 150 u9/m3 (., 35 ug/m3

Roiling 3-

month

average (~0.15 uglm

Annual (,,15 ug/m3 ",53 ppb

(1) Annual arithmetic mean

(2) Not to be exceeded more than once per year

(3) Not 'to be exceeded more than once during a Joyear period as pro\ided in 40 CFR 50. Appendix R.

(4) The standard is aUained when the computed 30year awraga of the aMual 4th-highest daily maximum 8-

hour average does not exceed 0.075 ppm, as pro\ided In 40 CFR 50.15.

(5) The standard Is attained when the 98th percentile concentration is equal to or less than the numerical

standeltl as detennined by 40 CFR 50, Appendix N.

(6) The Slandard Is attained when the annual arithmatic mean is equal to or less than the numerioal

'standard as datenninad by 40 CFR 60, Appendix N.

.(7) The standard Is attained when the expected number of days per calendar year with a 24-hour awrage

concentration abcw 150 uglm', as detennined In accordance Wilh 40 CFR 50. Appendix K Is equal to or

less Ihan one.

(8) The standard Is attained When Ihe Joyear a",rage of the 99th percenUie oflhe daily maximum I-hour

liIoerage at each monitor within an area does not exceed 75 ppb, as detenninedln accordance With 40

CFR 50, Appendix T.

(9) The standard is aUained when the Joyear a\9rage oflhe 98th percentlla of the dally maximum I-hour

·awrage concentration at each monitor within an area does not exceed 100 ppb as detennined in

.accordance with 40 CFR 50. Appendix S.

[OAR Doclrel #11-701 ;jiled5-18-11]

Jlllle/S.20l) 1207 Okloholt'Q Register(VoJlII1Ie28. Number 19)
AIR QUALITY DIVISION

2011

State Implementation Plan

Oklahoma Administrative Code

252:100-3 (2004)

Submitted to EPA

March 2012
gt... 3

~~CE!VED

JUN 2 2 2004

~~~ LEGAL

Volume 21

Number 16

June 15,2004

Pages 1921 - 2642

e

oma

ister

Oklahoma

Secretary of State

Office of Adnlinistrative Rules
________Notices ofRulemaking Intent

Prior.to adoption and gubematorial/legislative review of a proposed PERMANENT ruIemaking action, an agency lI:llJ.>I pUblish

a Notice of Rulemaking Intent in the Regisfer. In addition, an agency lllW1publish a Notice of Rulemaking Intentin the Regisferpriorto

adoption of a proposed EMERGENCY or PREEMPTIVE rulemaking action. . .. .

A Notice of Rulemaking Intent announces a comment period, or a comment period and public hearing, and provides other

information about the intended rule(TI,,~ing action as required by law, including where copies of proposed rules may be obtained.

Foraddifionalinformafion on NDfices of Rulemaking Infent, see 75 O.S., Section 303.

TITLE 252. DEPARTMENT OF

ENVIRONMENTAL QUALITY

CHAPTER 100. AIR POLLUTION CONTROL

[OAR Dockef#04-1074]

RULEMAKING ACTION:

Notice of proposed PERMANENT rulemaking

PROPOSED RULES:

Subchapter 3. Air Quality Standards and Increments

252:100-3-4 [AMENDED]

Subchapter 7. Permits for Minor Facilities

Part I. General Provisions

252:100-7-2 [AMENDED]

Subchapter 41. Control of Emission of Hazardous Air

Pollutants and Toxic Air Contaminants

Part I. GCIleral Provisions

252:100-41-1 [REVOKED]

252:100-41-2 [REVOKED]

252:100-41-3 [NEW]

252:100-41-4 [NEW]

Part 5. Toxic Air Contaminants

252:100-41-35 [REVOKED]

252:100-41-36 [REVOKED]

252:100-41-37 [REVOKED]

252:100-41-38 [REVOKED]

252:100-41-39 [REVOKED]

252:100-41-40 [REVOKED]

252:100-41-41 [REVOKED]

252:100-41-42 [REVOKED]

252:100-41-43 [REVOKED]

252:I 00-41-44 [REVOKED]

Subchapter 42.. Control of Toxic Air Pollutants (TAPs)

[NEW]

Appendix O. [NEW]

SUMMARY:

The Department proposes to correct a reference error in

subsection (a) of Section 3-4 ofSubchapter 3. This citation was

overlooked when the PSD requirements that were previously

located in Part 5 of SUbchapter 7 were moved to Part 7 of

SUbchapter 8.

The Department proposesto add language to subparagraphs

7-2(b)(\)(B) and (C) of OAC 252:100-7-2 that willmake clear

that de minimis cotton gins that comply with the requirements

of Subchapter 23 Control of Emissions from Cotton Gins

and de minimis feed and .grain facilities that comply with the

requirements of Subchapter 24 Particulate Matter Emissions

from Grain, Feed or Seed Operations will not be required

to comply with the requirements of Subchapter 25 Visible

Emissions and Particulate. and Subchapter 29 Control of

Fugitive Dust. Subchapters 23 and 24 set visible emissions

standards and fugitive dust standards for cotton gins and feed

and grain facilities respectively. It is not the Department's

intention that de minimis facilities be held to more stringent

standards than facilities with larger emissions that require

permits. The added language corrects this problem.

The Department proposes amendments to Subchapter 41

Control of Emission of Hazardous Air Pollutants and Toxic

Air -Contaminants to partition the existing Subchapter 41

into two subchapters. The proposed amendments will clarify

and modify the state-only requirements for emissions from

stationary sources and relocate these requirements into the new

Subchapter 42 and Appendix O. Subchapter 41 will contain the

federal requirements for HAPs and asbestos. The remaining

Sections 15 and 16 of Subchapter 41 that incorporate by

reference National Emission Standards for Hazardous Air

Pollutants (NESHAP) in 40 CFR Parts 61 and 63 and specific

asbestos requirements will be retained in Subchapter 41. Also

two new seotions will be added as 252:100-3 and -4.

AUTHORITY:

Environmental Quality Board powers and duties, 27A O.S.,

§§ 2-2-101, 2-2-201; and OklahomaClean Air Act, §§ 2-5-101

et seq.

COMMENT PERIOD:

Written comments on the proposed rulemakings will be

accepted prior to and at the Air Quality Council hearing on

July 21. 2004. To be thoroughly considered by staffpriorto the

hearing, written comments should be submitted to the contaCt

person by July 14, 2004. Oral comments may be made at the

July 21, 2004 hearing and the August 24,2004 Environmental

Quality Board meeting.

PUBLIC HEARINGS:

Before the Air Quality Council at 9:00 a.m. on Wednesday.

July 21, 2004 at the Department of Environmental Quality.

Room 101, 707 North Robinson, Oklahoma City, Oklahoma -

Before the Environmental Quality Board at 9:30 a.m. on

August 24. 2004, at the Gordon Cooper Technology Center.

One John C. Bruton Blvd., Shawnee. Oklahoma 74804

REQUEST FOR COMMENTS FROM BUSINESS

ENTITIES:

The DEQ requests that business entities or any other

members ofthe publio affected by these rules provide the DEQ,

within the comment period, in dollar amounts if possible.

the increase in the level of direct costs such as fees, and'

indirect costs such as reporting, recordkeeping, equipmel. ,

construction, labor, professional services, revenue loss, or

June J5,2004 1921 Oklnhoma Regisrer (Volume 21, Number 16)
Notices ofRulemaking Intent

21, 2004

24, 2004

SUMM RY:

The epartment proposes to amend Subchapter

Definition and Subchapter 5, Incorporation By Refere ce,

to update e incorporations by reference of 40 CPR 45.

The Depart ent also proposes to amcnd Subchap r 9,

A9ditional ccreditation Requirements, an? Sub hapter

II,' Addition LBP Certification Requirements, t clarify

requirements f accredited lead-based paint training rograms

and certificate quirements, respectively. The epartment

proposes to rev ke OAC 252: 110-13-3, Addi onal Work

Practice Standar s, since the specificatio contained

therein will be in orporated by reference, d to amend

OAC 252: 110-13-5 update the reference to t e Department's

Radiation Managem t Rules.

AUTHORITY:

Environmental Qua 'ty Board powers a duties, 27A O.S.,

§§ 2-2-101, 2-2-201; a the Lead-Bas Paint Management

Act, §§ 2-12-101 et seq.

COMMENT PERIOD:

Written comments wil be accep d prior to and at the

hearing on July 21,2004. 11 be thor ghly considered by staff

prior to thc hearing, written mm ts should be submitted to

the contact person by July 14, 0

Oral comments may be

Air Quality Council hearing

Environmental Quality Board

PUBLIC HEARINGS:

Before the Air Quality C neil t 9:00 a.m. on Wednesday,

July 21, 2004 at Oklaho a Dep ent of Environmental

Quality, MUltipurpose R m, 707 . Robinson, Oklahoma

City, Oklahoma.

Before the Environ ental Quality oard at 9: 30 a.m. on

August 24, 2004, at e Gordon Coo r Technology Center,

One John Bruton Blv ., Shawnee,Oklah rna.

REQUEST FOR COMMENTS OM BUSINESS

ENTITIES:

The DEQ re ests that business ent 'es or any other

members ofthe blic affected by these rules rovide the DEQ,

within the co ment period, in dollar amo nts if possible,

the increase i the level of direct costs such fees, and the

indirect cos such as reporting, recordkeepi ,equipment,

constructio , labor, professional services, re nue loss, or

other cos expected to be incurred by a particul entity due to

complia e with the proposed rules.

COPffi OF PROPOSED RULES:

Th proposed rules are available for revie at the

Air uality Division of DEQ and on the DEQ website

(ww .deq.state.ok.us), Air Quality Division, Wha

or apies may be obtained from the contact person by

(4 5) 702-4100.

LE IMPACT STATEMENT:

The Rule Impact Statement may be obtained from the

contact person.

CONTACT PERSON:

Send written comments to Cheryl Bradley, Departme t

of Environmental Quality, Air Quality Division, 707 N.

LE 252. DEPARTMEN OF

IRONMENTAL QUA lTV

R 110. LEAD-BAS PAINT

MANAGEMENT

RULEMAKING ACTI N:

Notice of proposed PE ANE

PROPOSED RULES:

Subchapter 3. Defmitions

252-110-3-1 [AMENDED]

Subchapter 5. Incorporatio

252:110-5-1 [AMENDED

SUbchapter 9. Addition :-\.ccredi

252: 110-9-1.1 [NEW]

252:110-9-3 [AME

252:110-9-4 [AME

252:110-9~6 [AME ED]

Subchapter 11. A itional LBP Certificatio

252:110-11-1 [ NDED]

252:110-11-4 [ NDED)

252:110-11-6[ NnED]

Ibchapter 1 . Additional Work Practice Standard

_52: 110-13- [REVOKED]

252:110-1 -5 [AMENDED]

ot~ >,. cosu; expected Lo be incurred by a particular entity due to

,iance with the proposed rules.

COPIES OF PROPOSED RULES:

The proposed rules are available for review at thc

Air Quality Division of DEQ and on tl1( DEQ website

(www.deq.state.ok.us). Air Quality Division, What's New,

or copies may be obtained from the contact person by calling

(405) 702-4100.

RULE IMPACT STATEMENT:

Copies of the rule impact statement may be obtained from

the contact person.

CONTACT PERSON:

Please send written comments to Joyce Sheedy (e-mail:

joyce.sheedy@deq.state.ok.us) for Subchapters 3 and 7;

Lisa Oonovan (e-mail: lisa.donovan@deq.state.ok.us)

for S~bchapter 41; and Brad Cook (e-mail:

brad.cook@deq.state.ok.us) for Subchapter 42 and Appendix

0, at the Department of Environmental Quality, Air Quality

Division, 707 N. Robinson, Oklahoma City, OK 73102.

Mailing address is P.O. Box 1677, Oklahoma City, Oklahoma

73101-1677, phone (405) 702-4100, fax (405) 702-4101.

PERSONS WITH DISABILITIES:

Should you desire to attend but have a disability and need an

accommodation, please'Ilotify the Air Quality Division three

(3) days in advance at (405) 702-4100.

IOAR Docket #04:-J074.. filed 5-28-04J

Oklahoma Register(Vo/wme 21. Number 16) 1922 June 15, 2004
July 1, 2004

MEMORANDUM

,.,

TO:

FROM:

RE:

Air Quality COlUlcil t1

6/'

Eddie Teni.U, Director

Air Quality Division

Modifications to Subchapter 3

Enclosed are copies of the proposed amendments to OAC 252:100-3, .AJr Quality Standards and

Increments and the rule impact statement.

The Department proposes to correct a reference error in subsection (a) ofSection 3-4 ofSubchapter

3, This citatiOliwas overlooked when the PSD requirements that were previouslylocated inPart 5 of

Subchapter 7 were moved to Part 7 ofSubchapter 8.

Notice ofthe proposed rule changes was published in the Oklahoma Register on JlUle 15, 2004, and

comments were requested from members ofthe public.

At the July 21,2004, Air Quality Council Meeting, staff will ask the Council to recommend these

changes to the Enviromnental Quality Board for adoption as a permanent rule,

Enclosure: 2
SUBCHAPTER 3. AIR QUALITY STANDARDS AND INCREMENTS

252:100-3-4. Signrficant deterioration increments

(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 ailowed

for one of three classes of areas. See OAC 252.100 7, Part 5

252:100-8, Part 7.

(b) The allowable increments are as follows:

Pollutant

class I Areas

Maximum allowable increase

(micrograms per cubic meter)

Particulate matter:

PM-10, annual arithmetic mean

~M-I0, twenty-four hour maximum

Sulfur dioxide:

Annual arithmetic mean

Twenty-four hour maximum

Three-hour maximum

Nitrogen dioxide:

(effective May 11, 1991)

Annual arithmetic mean

Class II Areas

Particulate matter:

PM-I0, annual arithmetic mean

PM-10, twenty-four hour maximum

Sulfur dioxide:

Annual arithmetic mean

Twenty-four hour maximum

Three-hour maximum

Nitrogen dioxide:

(effective May 11, 1991)

JL~nual arithmetic mean

class III Areas

Particulate matter:

PM-10, annual arithmetic mean

PM-I0, twenty-four hour maximum

Sulfur dioxide:

lLDnual arithmetic mean

4

8

2

5

25

2.5

17

30

20

91

512

25

3~

60

';0

3 (6-15-0~) .doc 1 June 15, 2004
Twenty-four hour maximum

Three~hour maximum

Nitrogen dioxide:

(effective May 11, 1991)

AL~nual arithmetic mean

182

700

50

3 (5-15-04) .d::Jc 2 June 15, 200"
REGULAR I\ffiETINGI B:EARING AGENDA

AJR QUALITY COUNCIL

July 21, 2004, 9:00 a.m.

Multi-Purpose Room DEQ Building

707 N. Robinson

Oldahoma City, Oklahoma

Please turn offyouI' cellphones.

1. Call to Order - Sharon Myers

2. Roll Call- Myrna Bruce

3. Approval of Minutes - April 14, 2004 Regular Meeting

4. Resolution for Mr. Kilpatrick - Sharon Myers

5. Public Rulemaking Hearings

A. Chapter 110. Lead-Based Paint.

OAC 252:110-3. DefInitions [AMENDED]

OAC 252:110-5. Incorporation Bv Reference [AMENDED]

OAC 252:110-9. Additional Accreditation Requirements [AMENDED]

OAC 252:110-11. Additional LBP Certification Requirements [AMENDED]

OAC 252:110-13. Additional Work Practice Standards [AMENDED]

The Departmeot proposes to amend Subchapter 3, Definitions, and Subchapter 5, Incorpomtion By

Reference, to update the incorpomtions by reference of40 CPR 745. Additionai amendment is proposed to

Subchapter 9, Additional A.ccredillltion Requirements, and Subchapter 11, Additional LBP Certification

Requirements, to clarify requiremellts fur accredited lead-based paint training programs and certificate

requirements respectively.

1. Presenllltion - Cheryl Bradley

2. Questions and discussion by Council/Public

3. Possible action by Council

4. Roll call vote for permanent adoption

B. OAC 252:100-3. AIr Quality Standards and IncremeIlls [AMENDED]

The Departmellt proposes to cortect a reference error in subsection Ca) ofSection 3-4 ofSubchapter 3. This

citation was overlooked when the PSD requirements that were previously located in Part 5 of Subchapter 7

were moved to Part 7 of Subchapter 8.

1. Presentation '- Jiiyce Sheedy

2. Questions and disCUS';OIl by CouncillPublic

3. Possible action by Council

4. Roll call vote for permanent adoption

C. OAC 252:100-7. Permits for Minor Facilities [Al\ffiNDED]

The Department proposes to add laugnage to subparagraphs 7-2(b)CI)(B) and CC) ofOAC 252:100-7-2 that

will make Clellf that de minimis cotton gins that comply with the requirements of Subchapter 23 Control of

Emissions from Cotton Gins and de minimis feed and grain facilities that comply "ith the requirements of

Subchapter 24 Particulate Matter Emissions from Grain, Feed or Seed Operations will not be required to
comply with the requirements of Subchapter 25 Visible Emissions and Particulates and Subchapter 29

Control ofFugitive Dust:-Suhchapters 23 and 24 set visible emissions standards and fugitive dust staudards

for cortOil gin~ liml feed-'l:l.ml grain facilities respectively. It is nut the Department's intention that de

minimis facilities be held to more stringent standards than facilities with larger emissions that require

permits. The added language corrects this problem.

I. Presentation - Joyce Sheedy

2. Questions and discussion by Council/Public

3. Possible action by Council

4. Roll call vote for permanent adoption

D. OAC 252:100-41. Control of Emission of Hazardous Air Pollutants and Toxic Air Contamiaants

[AMENDED]

OAC 252:100-42. Control of Toxic Air Pollutants (TAPS) [NEVIl

Appendix O. [NEVIl

The Department proposes amendments to Subchapter 41 Control ofEmission of Hazardous Air Pollutants

and Toxic Air Contaminants to partition the exisliog Subchapter 41 into two subchapters. The proposed

amendments will clarify arid modify the state-only requirements for emissions from stationary sources and

relocate these requirements into the new Subchapter 42 and Appendix O. Subchapter 41 will contain the

federal requirements for HAPs and asbestos. The remaining Sectioua 15 and 16 of Subchapter 41 that

inc01l'Orate by reference National Emission Standards for Hazardous Air Pollutants (NESHAP) in 40 CPR

Parts 61 and 63 and specific asbestos requirements will be retained in Subchapter 41. Also, two new

sections will be added as 252:10041-3 and 4.

1. Presentation - Staff

2. Questions and discussion by CounciIlPublic

3. Possi!>le action by Council

4. Roll call vote for permanent adoption

6. Di"ision Director's Report - Eddie Terrill

7. NeVI' Business - (Any matter not known about, or which could not have been reasonably foreseen prior to

the time ofpostiog the Ageoda.)

8. Adjournment - The next regular meeting is scheduled for 9 a.m. October 20, 2004 at the Forest Heritage

Center, Cedar-Cypress Room, Beaver'sBend State Park, Dear Broken Bow, Oklahoma.

Lunch Break, ifnecessary.

Should you have a disability and need an accommodation,

please notify the DEQ Ali Quality Division three days in advance at 405-7024212.

For hearing impaired, the TDD Relay Number is 1-800-722-0353 for TDD machine use onl)'.

2
DRAFT MINUTES

AIR QUALITY COUNCIL

July 21, 2004

Department of Environmental Quality

707 North Robinson

Oklahoma City Oklahoma

Draft for EQB August 24, 2004

For AQC Approval October 20, 2004

Notice of Public Meeting The Air Quality Council convened for its regular meeting at

9:00 a.m. July 21, 2004 in the Multipurpose Room of the DEQ, 707 North Robinson,

Oklahoma City, Oklahoma. Notice of the meeting was forwarded to the Office of the

Secretary of State giving the date, time, and place of the meeting on October 13, 2003;

and agendas were posted on the entrance doors at the meeting facility and at the DEQ

Central Office in Oklahoma City at least twenty-four h0111's prior to the meeting.

As protocol officer, Ms. Beverly Botchlet-Smith convened the hearings by the Air

Quality Council in compliance with the Oklahoma Administrative Procedures Act and

Title 40 CPR Part 51, and Title 27A, Oklahoma Statutes, Sections 2-5-201 and 2-5-101 -

2-5-118. Ms. Smith entered the Agenda and the Oklahoma Register Notice into the

record and announced that forms were available at the sign-in table for anyone wishing to

comment on any of the rules. Dr. Robert Lynch, Vice-Chair, called the meeting to order.

Roll was called apd a_~QJ:llJ!l_(;()@nn_f;.d. _

MEMBERS PRESENT

David Branecky ... Gt.61. lA~, ,;r-i1

Bill Breisch - f:,<,tl.

Bob Curtis - .

Bob LyuchGary Martin - Rick. Treeman _ ~~i

Joel Wilsbn - r~~ ~~1

MEMBERS ABSENT

SharonMym -

Don Smith -

OTHERS PRESENT Sign-in sbcet is attaChed

as an official part ofthese :Minutes

DEQ STAFF PRESEl'o"l'

Eddie TerrlU

Beverly Botchlel-Smith

Scott Thomas

Joyce Sheedy

Bnul Cook

Pat Sullivan

Cheryl Bradley

Kena Roudebush

Kendall Stegmann

MattPaque

Da~'soo Lasseter

Rhonda Jeffries

David Dyke

MymaBruce

Mr. Terrill introduced the newest Council member, Mr. Bob Curtis and advised that the

other new member, Mr. Don Smith, was unable to attend.

Approval of Minutes Dr. Lynch called for approval of the April 14, 2004 Minutes.

Hearing no discussion, he called for a motion to approve the Minutes as presented. Mr.

Breisch made the motion with Mr. Martin making the second.

RoD call.

Joel Wilson Yes

OW')' MartiJJ Yes

Da\'id Bri!.uecL.'1' Yes

Riel: Treemau Yes

Bill Breisch

BobCurti.5

Sharon Myers

Bob L)'Dcb

Yes

Yes

Y",

Yes

Motion carried,
Resolution for Mr. Kilpatrick - Mr. Tenill read a resolution honoring Mr. Kilpatrick's

retirement from his Council duties and presented him with a Governor's Commendation

and a plaque from Air Quality. Mr. Kilpatrick accepted and complimented staff for all

the hard work and achievements he had seen thJ:ough his years of service.

Director's Report Since Mr. Dyke had another meeting to attend, Mr. Terrill changed

the order of the Agenda and asked Mr. David Dyke, Assistant Director, Administrative

Services Division, to provide an update on the last Finance Committee meeting and other

budget infonnation. Comments and questions were acknowledged.

OAC 252:110 Lead-Based Paint

OAC 252:110-3. Definitions [AMEl\'DED]

OAC 252:110-5. Incorporation B,- Reference IAMENDED

OAC 252:110-9. Additional Accreditation Requirements [AMENDED]

OAC 252:110-11. Additional LBP Certification Requirements [AME]I,'DED]

OAC 252:110-13. Additional Work Practice Standards [AMENDED]

.. .

Ms. Beverly Botchlet-Smith convened the hearings and called upon Ms. Cheryl Bradley

to provide staff presentation for these rules. Ms. Bradley advised that proposal for SC 3

and SC 5 would update the incorporations by reference of the.federal regulations. She

added that amendments to SC 9 would clarify requirements for accredited lead-based

paint training programs and that amendments to SC 13 would clarify certificate

requirements. Ms. Bradley explained that the Department proposes to revoke OAC

-~--_._.------:9~l-IO-·B-'3--beeause-these-requirements-wilh1Dw-be-included-m--(JKC-Z52:lTO-):eJ:'(21r---"--~

and they will be incorporated with the federal rules. Ms. Bradley pointed out other

changes that would be made and entered two letters of co=ent into the record. With

little discussion, Dr. Lynch called for a motion. Mr. Treeman made motion to approve

the amendments as presented by Ms. Cheryl Bradley. Mr. Branecky made the second.

Roll~.

Joel Wilson Yes

Gary Martin Yes

David Bnmecky Yes

Rick Treeman Yes

Bill Breisch

Bob Curtis

Sharon Myers

Bob Lynch

Yes

Yes

Yes

Abstain

MntioJl carried.

OAC 252:100-3. Air Quality Standards and Increments [AMENDED] Dr. Joyce

Sheedy advised that staff's proposal would correct a reference error in OAC 252:100-3-

4(a) that had been overlooked when the PSD requirements were moved from Part 5 of SC

7 to Part 7 of SC 8. She related that no comments had been received and requested that

Council forward the revision to the Environmental Quality Board for pennanent

adoption. \1hth no discussion, Dr. Lynch called for a motion. Mr. Martin moved

approval and Mr. Treeman seconded.

Roll call.

loel Wilson Yes

GaryMartin Yes

David BrnnecL.")' y~

Riel: Treeman Yes

Bill Breisch

BobCun;,

Sharon Myo...rs

Bob Lynch

Yes

y"

Yes

y"

Motion carried.
OAC 252:100-7. Permits for Minor Facilities [Al\1ENDED] Dr. Joyce Sheedy

related proposed language to be added to OAC 252: 100-7-2 that would clarify that de

minimis cotton gins that comply with the requirements of SC 23; and de minimis grain,

feed or seed facilities that comply with the requirements of SC 24 would not have to

comply with the requirements of SC 25 for visible emissions and particulates and SC 29

for control of fugitive dust. She advised that it was not the Department's intention that

de minimis facilities be held to more stringent standards than facilities requiring permits.

Dr. Sheedy entered into the record a letter of comment from Trinity Consultants. Staff

recommended that Council forward this rulemaking to the Environmental Quality Board

for permanent adoption. Mr. Branecky moved for adoption and Mr. Breisch seconded.

Roll coll.

Jocl WiISOD

Gary Martin

David BJ"aIlccky

Rick Treeman

Yes

Yes

Yes

Abstain

Bill Breisch

Bob Curtis

Sharon Mycrs

BobLyncb

Yes

Yes

Yes

Y"

Motion carrIed.

OAC 252:100-41. Control of Emission of Hazardous Air Pollutants and Toxic Air

Contaminants [Al\1ENDED]

OAC 252:100-42. Control of Toxic Air Pollutants (TAPS) [NEW]

Appendix O. [NEW]

This draft is being prepared for the August 24 Environmental Quality Board meeting,

therefore transcripts for SC 411SC 42 are not yet available. Motion was made and

seconded tocontinu~th8s&-bearings-to the-next-regular Councitmeeting. A Si1ffii:naty and ..

transcript will be available for the October 20, 2004 Council meeting.

Roll call.

Joel Wilson Yes

Gary Martin Yes

David Braneck" Yes

Rick Truman . Yes

Bill Breiscb

BobCW'tis

SharonMyen

Bob Lyncb

Yes

Ye,

Yes

Yes

Motion clllTied.

Division Director's Report Continued Mr. Terrill provided updates on possibility of

special meetings for the toxics rule, EAC, and NSR. He related that all members of the

Council would be invited to an Orientation on September 14. He also spoke about CAIR

and BART.

NEW BUSINESS - None

ADJOURNIVIENT - 10:37 a.m. Next meeting scheduled for October 20, 2004 in Broken

Bow, Oklahoma.

The transcripts and attendance sheet are attached and made an official part of these

Minutes.
DEQ-AQC Item A Multi-Page n.~ July 21, 2004

1

DEPARTMENT' OF ENVIRONMEN'TAL QUALIT"Y

.-- - STATE OF OKLA...l-IOI'1..:n..

* ... * * *

TP~~1SCRIPT OF PROCEEDINGS

OF REGUL~~ MEETING - ITEM 1 - SA

PRESENTED BY: CHERYL BP,-ZillLEY

HELD ON JULY 21, 2004, AT 9:00 A.M.

IN.OK~BOl~ CITY, OKh~BOl~~

* * * '* *

REPORTED BY: Christy A. Myers, CSR

!~ERS REPORTING SERVICE

(405) 721-2882

Myers Reporting Service 405-721-2882 r. mvP!t"~f@f'/'\'f" n""t

ORtGI1~AL
DEQ-AQC Item B Multi-PageD"

DEPARTMENT OF ENVIRON1"lENTAL QU-".LITY

STATE OF OKL.lLBO)\1.l'~

* * * * *

TRP~SCRIPT OF PROCEEDINGS

July 21, 2004

1

OF REGULAR [~ETING - ITEM 5B

PRESENTED BY: DR. JOYCE SHEEDY

OAC 252:100-3

- -

AIR QUALITY ST.l'EDk~DS AI'D INCREMENTS

[AMENDED]

- - - ---"._.... _,. - ..- --_._.._----------

HELD ON JULY 21, 2004, AT 9:00 A.M.

IN OKWLBOMA CITY, OKLkBOMA

* * * * *

REPORTED BY: Christy A. Myers, CSR

Myers Reporting Service 405-721-2882 .

ORIGINAL
DEQ-AQC Item B Multi-Page n.! July 21, 2004

2

21

MEMBERS OF THE COUNCIL

12

MYRNA BRUCE - sECRET.to.RY

_ a

Page 4

1 change ~lJ.1d is not substantive.

2 Therefore, we ask that the Council

3 recommend this revision to the

4 Envlromnental Quality Board for adoption as

5 a pennanent mle.

6 MS. BOTCHLET-SMITJ-L Questions

7 from the Council for Dr. Sheedy? Auy

8 questions from the public for Dr. Sheedy?

9 DR. LYNCH: Okay. Do 1have a

10 motion to approve the changes as written by

lIthe staff?

12 MR.. MARTIN: Move approval.

13 DR. LYNCH: Second?

14 MR. TREEM!\.N: I'll second it.

15 DR. LYNCH: Myrna, would you call

16 roll, please.

17 MS, BRUCE: Mr. Wilson.

18 MR. WILSON: Yes,

19 MS. BRUCE: Mr. Martin.

20 MR. MARTIN: Yes.

21 MS. BRUCE: 1\1tt. Branecky.

22 MR, BRA.l\TECKY: Yes.

23 MS. BRUCE: Mr. Treeman.

24 MR. TREEMAN: Yes.

25 _ MS. BRUCE: ~Mr. Qltli...s....__.. _

STAFF MEMBERS

- DAVID BRANECKY' MEe'"mER

24

25

BILL BREISO:I - MEMBER 5

80B LYNCH· v1CE CHAIRMA...I\

G

GARY M,\RTIN- MEMBER

7

SHARON M,'ERS . CHAIR.

RICK TR,CEMAN • MEMBER

9

JOEL WILSON - MEMBER

10

11

13

EDDIE TERRILL - DMSION DIRECTOR

14 scon THOMo,s· AQD

15

]OYCE SHEEDY· AQD

1G

BEVERLY BOTCaLE!-SMITH - AQD

17

CHERYL BRADLRY - AQD IS fAT SULLIVA!\' AQD 19

,.

-~

4

MS. BOTCHLET'SMITH; So the IlOxt 3

(END OF PROCEEDINGS)

MR. CURTIS: Yes.

l\{S, BRUCE: Mr. Breisch.

M:R. BREISCH: Yes.

MS. BRUCE: Dr. Lynch.

DR. LYNCH: Yes.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

fa::e3

Wl~' IXJ=~ Il:gCl'd1!lg n,;" !,loposea

20

16 from. Pl!J't 5 of SUbth4plEr 7 to Pm 7 of 17 Subt~p~r 8, th.l5 mueo<>: in SUbse~tion

18 3--J,(a) was ov.,.IooI.~. We'v. oot re~ei"ed

19

11 g..,t1=c. the DlIp...rm.ent PIOPOW to

12 co~t. ~c~ error ill Sub5ection A

13 of Se~tiOD '" of SUbohapler~.Air Qu;ility

14

SIIl."1dlln:l$ ""d 1.c<:r:mctlt5.

JS

l2

lh.U =".ioa W b-"<:ll pr-~rl 10 the

10 Momb= oftb:! Cou~c.il,lndies""d

21

it:m Oil om agelld. is IlomSB, OAe 252:100-

5

3, Plld it'. the Air Quality S<B!Il!-rds 3Ild

6

1ncr=ts. And,.., call llJ:lOC Dr. JO)l~

PROCEEDINGS

25

7 Sh~dy, m:'11 gh." tho staff posllilln Oil

E

rho proposed role.

9

DR. SHEEDY: Mr. Vic:-ChDirwm.

23

Cl>u,,:i!, J~'. b05iaill)' i1 hous*r.pi::lg

24

405-721-2882 PaQ"e 2 . Pa'7E:
DEQ-AQC HemB Multi-Page TJol July 21, 2004

1 CtI\TIFICAT~

5TJi.T! OF OKL1,aOI-GI )

3 COllU'rI OF QKVIJlOMA I

5; ~h~.t'th.aDd B.epor~ in a.nc!. tOL' the S t~te at

1 pro!:eedi.n~(:: ic t!.l.e truth, the 'Wbo1.e truth,

B and lIot.hi...I:t9' but. the trI:It!J.; th.c.t the

9 fore.g'oiDg procee.tl1..Al;i:~ li'ere tape rccomed. by

I2 OIl the 21C't. day of ..tuly, 200. r ..t. O.......l.abDm.c.

15 parties r Dor ot:h&.nii.go. .1.nt.e~~ ted i.D. .!laid.

16' &l;t1on.

IE' bet IIU' hb.nd. &Q~ offield .leu on 'this:, t!J.'!

19 31.t cI.Il.y "f "I>1S, 2001.

20

21

22

23

2{

2S

t:J:I2!SU A. t!!lBR$, C~:;.lL

C"l:tl.U~..te No. 003010

Myers Reporting Service r. mvp.r-<!la)r-nv "pt

405-721-2882 Page 6 - ?age 6
Inde" Page J

00310 - [AMENDED]

July21 2004

Multi-Page""

Myers Reporting Service 405-721-2882

C T1T~tP:r~(Q),...nY np:t

DEQ-AQC Item B

, BRUCE ['] 2:12 4:17,]9 PSD [1] 3:15 truth [31 6:7,7.8 -0- 4:21,23,255:2,4 -I- public [lJ 4:8

00310[11 6:21 Increments [3J 1:133:6 -u- ~Cc 3:14 -Q- underrl1 6:10

-2- C [2] 6:1,1 interested [11 6:15 Quality[5] 1:3.133:5,13

2004[3] 1:156:12,19 C,S.R[l] 6:21 item[3] 1:103:4,4 4:4 -vCertificate (1J 6:21 questions [2J 4:6.8 21 [1] 1:15 VICE[IJ 2:5 Certified [1]' 6:4 -JVice-Chainruin [IJ 3:9 21st (1] 6:12

certify [11 6:6 -R- 252:100[lJ 3:4 JOEL [1] 2:9

252:100-3 [1) 1:12 CHAIR[I] 2:7 Joyce [3J 1:112:153:6 R[I] 6:1 -w- CHAlRMAN(1J 2:5 Julyr3] 1:156:]2,19 received[lJ 3:18 0 change [1] 4:1 WHEREOFDJ 6:17 recommend [1] 4:3 whole [lJ 6:7 '.J3 [2] 3:5,13 changes (1] 4:10 -L- recorded [II 6:9

CHERYL Wilson [3J 2:94:17.18 [lJ 2:17 ladies [1] 3:10 reference [2J 3:12.17 3-4 WITNESS [11 6:17 [1) 3:18 Christy [3] 1:246:4,21 Lynch[6] 2:54:9,13,)5 regarding [1] 3:19 31st[Il 6:19 City written [IJ 4: 10 [2] 1:166:13 5:4.5 REGULAR[I] 1:10

-4- comments [II 3:19 relative[I] 6:14 -[- correct [1) 3:12 -M- REPORTED [11 1:24 4[IJ 3:13 Council [5] 2:13:10,23 Martin [4] 2:64:12,19 Reporter [lJ 6:5 [AMENDEDJ[lJ 1:14

4:2,7 4:20 requirements [1] 3:15 -5- COUNTY [1] 6:3 MEETING[IJ 1:10 revision [3) 3:20,22 4:3

5[11 3:16 .. CSR[11 1;;24 MEMBER[5] 2:3,4,6,8 RICK[1] 2:8 - 5B [2J 1:103:4 Curtis [2J 4:255:1 2:9 roll [1) 4:16

Members [3) 2:1.11 3:10 rule [2J 3:8 4:5 -7- -D- motion [11. 4:10

7 [2] 3:J 6,16 DAVID [lJ 2:3 Move [11 4:12 -SDepartment [2] 1:3 3:11 moved [lJ 3:15 SCOTI [lJ 2:14 -8- direction[lJ 6:11 MS [!I) 3:34:6,17,19,21 seal [II 6: 18 DIRECTOR[l] 2:13 4:23,25 5:2,4 'second'[2]"!~3;:r4-'--' .---. . ~J!J,;l:]~-- --..--_. DlVISIUFf[1] 2;13--- lV1yers [41 1:24 2:7 6:4-'

6:21 SECRETARY[IJ 2:12

-9- DT[WI 1:11 3:6,94:7,8,9 Myrna [2J 2:124:15 Section [lJ 3:13 4:13,15 5:4,5

9:00 [1] 1:15 set [II 6:18

-N- SHARON [lJ 2:7 -E-

-A- E [2J 6:1,1 neitheT[l) 6:13 Sheedyr6J 1:11 2:153:7

3:94:7,8 A,M[I] 1:15 EDDIE [11 2:13 next [lJ 3:3 Shorthand [IJ 6:5 above [1] 6:6 END [lJ 5:7 nOT(2) 6:14,15 ss [lJ 6:2 action [lJ 6: 16 Environmental [21 1:3 nothing [IJ 6:8 staff[3J 2:11 3:7 4:11 adoption [lJ 4:4 4:4 Standards [31 1:13 3:5 agenda [11 3:4 errOT[lJ 3:12 -0- 3:14

Air[3J 1:133:5,13 OAC [2J 1:123:4 State [3J 1:46:2,5

approval [II 4:12 -F- official [lJ 6:18 SubchapteT[31 3:13,16

approve [lJ 4:10 F [lJ 6:1 Oklahoma [8] 1:4,16,16 3:17

AQD [5] 2:14,15,16,17 first[II 3:21 6:2,3,6,12,13 Subsection l'J 3:12.17

2:18 foregoing [II 6:9 otherwise [1) 6:15 substantive [lJ 4:]

attorney [I] 6:14 overlooked[1] 3:18 SULLIVAN[l] 2:18

-G- -B- -p- -T- GARY[lJ 2:6

BEVERLY [lJ 2:16 gentlemen [1) 3:11 Part £21 3:]6,16 T[2I 6:1,1

BILL[I] 2:4 parties [lJ 6:15 tape [IJ 6:9

Board [1) 4:4 -H- PAT(1) 2:18 TERRILL [lJ 2:13

BOB [I] 2:5

hand [1] 6:18 permanent[I] 4:5 thereafter [lJ 6:10

BOTCHLET-SMITH

HELD [1] 1:15 position [lJ 3:/ Therefore [1] 4:2

[3] 2:16 3:3 H presented £2] 1:11 3:22 THOMAS [II 2:14

BRADLEY [1] 2:17 hereby [1] 6:6

proceedings [6) 1:93:1 transcribed [lJ 6:10

Branecl..)'£3] 2:34:21 hereunto [1] 6:li 5:76:7,9,lJ TRANSCRJPT[IJ 1:9 4:22 housekeeping [11 3:23 proposed [2) 3:8.19 Treeman[4] 2:84:]4,23 Breisch [3] 2:45:2.3

proposes [11 3:lJ 4:24

,-
OKlAHOMA

DEPARTMENT OF ENVIRONMENTAL QUAlITY

AIR QUALITY COUNCIL

Attendance Record

July 21, 2004

Oldahoma City, Oklahoma

Page One

NAME / AFFILIATION Contact Information

Address and/or Phone Il1Idlor E-Mail

. r I

, 'nl..,.., e" @ n 11. ec.,CQ rl""\

(j/PA

r")DQrlol0

oe.cr ~~',...Jfl

)..)IJ !
'"". ..;~~~ ,::;:. -~:;:.~ .<~.;;;=-::-~'

~;~tf~z2~~~{~~ o K l A HOM.A DEPARTMENT OF ~NVIRONMENTAl QUATITY

NAME/ AFFILIATION

AIR QUALITY COUNCIL

Attendance Re~ord

July 21, 2004

Page Two

Contact Information

Address andJor Phone andJor E-Mail

4:0=; 2Li: C i 3 V.

)!~7
THE AIR QUALITY COUNCil..

.I~.ULEMAKING RECOMMEl\'DATION

o THE ENVIRONMENTAL QUALITY BOARD

Identification of Proposed RuIemaldng:

Chapter Number and Title:

OAC 252-100-3 Air Quality Standards and Increments

On JOly 21. 2004. the members of tbis Council, by authority vested in them by the Oklahoma

Environmental Quality Code (27 a.s. Sec. 2-2-201), by roll call vote, reconunended to the Environmental

Quality Board that the rulemaking described above be adopted as:

__x permanent [take effect after legislative review]

emergency [temporary, to take effect upon approval by the Governor because of time]

This Council has considered the proposed rulemaking and comments about it and determined, to the best

of its knOWledge, that all applicable requirements of tile Oklahoma Administrative Procedures Act have

been followed.

This Council authorizes the Department to prepare this recommended rulema.ldng for the Board, making

any changes approve.d by the Council, correcting typographical, grammatical and reference errors, and

formatting them as required by the Office of Administrative Rules. This is to be done with the

understanding that such changes shall neither alter the sense of what this Council recommends nor

invalidate this recommendation.

VOTING TO APPROVE:

Joel Wilson

Gary Martin

David Branecky

Ric.k Treeman

Bob Curtis

Bill Breisch

Bob Lync.h

Date Signed: ~)j -eJV

VOTThlG AGiuNST:

ABSTAThHNG:

ABSENT:
REGULAR MEETING AGENDA

OlTI..AHOMA DEPARTMEI\'T OF ENVIRONMENTAL QUAliTY

ENVIRONl\1:EI\'TAL QUAliTY BOARD

A Public Meeting: 9:30 a.m., TUesday, August 24,2004

Seminar Center - Gordon Cooper Technology Center

One John C. Bruton Blvd.

Shawnee, Oklahoma

1. Call to Order - Richard Wuerflein, Chair

2.. Roll Call- Myrna Bruce, Secretary, Board & COlUlCils

3. Approval ofMinutes ofthe June 22, 2004 Regular Meeting

4. Rulemaklng - OAC 252':100 Air Pollution Control

Two sets ofrule amendments are proposed:

o The'DEQ proposes to correct a reference error in i'\ection 3-4. This citation was overlooked

when the Prevention of Significant Deterioration (PSD) requirements that were previously

located in Part 5 of Subchapter 7 were moved to Part 7 of Subchapter 8.

o The DEQproposes to add language to Section 7-2 to make clear that de minimis cotton gins

that comply with the requirements of Subchapter 23 (Control ofEmissions from Cotton Gins)

and de minimis feed and grain facilities that comply with the requirements of Subchapter 24

(particulate Matter Emissions from Grain, Feed or Seed Operations) are not required to

comply \\~th the requirements of Subchapter 25 (Visible Emissions and Particulates) and

Subchapter 29 (Control of Fugitive Dust). Subchapters 23 and 24 set visible emissions

standards and fugitive dust standards for cotton gins and feed and grain facilities,

respectively. It is not the DEQ's intention that de minimis facilities be held to more stringent

standards than facilities Mth larger emissipns that require permits.

A. Presentation - David Branecky, Vice-Chair, Air Quality Ad,~sory Council

B. Questions and discussion by the Board

C. Questions, comments and discussion by the public

D. Discussion and action by the Board, which may include a roll call vote on permanent

adoption

5. Rulemaking - OAC 252:110 Lead-Based Paint Management

The DEQ proposes to amend Subchapters 3 and 5 to update the incorporations by reference of 40

CFR 745, and to amend Subchapter 3 to make corresponding definitional changes. Amendments

aTe proposed to Subchapter 9 and Subchapter II to clarify requirements for accredited lead-based

paint training programs and certificate requirements, respectively. Amendments to Subchapter 13

are for consistency Mth DEQ Radiation Management Rules and EPA standards.

A. Presentation - Da,~d Branecky, Vice-Chair, Air Quality A<h~sory Council

B. Questions and discussion by the Board

C. Questions, comments and discussion by the public

D. Discussion and action by the Board, which may include a roll call vote on permanent

adoption

6. DEQ Operational Budget Request

DEQ budget requests to the Governor through the Office of State Finance (OSF) require approval

ofthe Board. The operational budgetTequest for State Fiscal Year (SFY) 2006 (beginning July I,

2005) must be submitted to the OSF by October 1,2004. The law requires that all state agencies

submit a five-year budget plan. The request for the coming year, in this case SFY 2006, is the

I
most clitica!. Included in the request for SFY 2006 are funds for equipment, analyses and

community assistanc~ to help meet the new and expanded requirements of the federol Safe

Drinking Water Act; for air quality toxies monitoring; for the air quality mobile source program;

and for enhanced monitoring ofmercury in fish.

A. Presentation - Craig Kennamer, Deputy Executive Director

B. Questions and discussion by the Board

C. Questions, comments and discussion by the public

D. Discussion and action by the Board, which may include a roll call vote on approval

7. Calendar Year :?O05 Board meeting dates and locations: Discussion and vote by the Board

8. New Business (any matter not lmown abou~ or which could not have been reasonably foreseen,

priorto the time ofposting of agenda)

9. Executive Director's Report - Steve Thompson

10. Adjoumment

Public Forum (after adjounllnent); The Board meets four times a year at different locations actoss the State

to hear the views and concerns of all Oklahomans about environmental issues. This opportnnity is informal,

and we invite you to sigo the register to speak.

Should you desire to attend but have a disability and need an accommodation, please notify the DEQ three

days in advance at 405-702-7100. For hearing impaired, the TDD Relay Number is 1-800-722-0353 for

TDD machine use only.

Some members of the Board, as well as senior staff members from the DEQ, will meet for dinner in

Shawnee the evening of August 23. This is a social occasion. No Board or DEQ business will be

conducted or discussed.

2
TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY

CHAPTER~OO. AIR POLLUTION CONTROL RULES

252:100-3. AIR QUALITY STANDARDS AND INCREMENTS [AMENDED]

reference error in

This citation was

previously located

of Subchapter 8.

EXECUTIVE SUMMARY:

The Department proposes to correct a

subsection (a) of Section 3-4 of Subchapter 3.

overlooked when the PSD requirements that were

in Part 5 of Subchapter 7 were moved to Part 7

DIFFERENCES FROM ANALOGOUS FEDERAL RULES:

There are no differences from analogous federal rules.

ENVIRONMENTAL BENEFIT STATEMENT:

Not required because there are no differences from analogous

federal rules.

SUMMARY OF"COMMENTS AND RESPONSES:

There were no written or oral comments from the pUblic.
TITLE 252. DEPARTMENT OF

ENVIRONMENTAL QUALITY

CHAPTER100. AIRPOLLUTION CONTROL

[OAR Docket#05-6B3]

and Community RighHo-Know Regulations, revhee EI::5 sf'

Jill)' 1, 199;; Jylv. 2003,

(b) Incorporation. The following Parts of 40 CFR are,

unless otherwise specified, incorpora.ted by reference in their

entire!)·; ,

(1) Part 355 (Emergenc)' Planning and Notification);

(2) Part 370 (HazardollS Cbemical Reporting: Com·

munity Right-to-Know);

(3) Part 372 .(Toxic Chemical Release Reporting:

CoIIlrilunity RigbHo-Know),

(c) Interface ,dth CFR, In the Partll ·of 40 CFR incorporated by reference. the term "Commission" shall mean the

Department,

(d) 'References incorporated. Incorporation .by reference

of aprovision ofthe Code ofF~era1RegU1atioD5 also incofpOrates all citanons and definitions contained therein.

(e)Penolties. Penalties cited In 40 CFR are subject to limi·

tations under Oklahoma law.

Z5Z:Z0·1·6. Addressfnr submitting reporlingforms-

(a) Non-conlidenlhil All non..confidentialforms, Sanitized

"ersions of matedBls submiited under a Claim ofcontidentilllil)'. and separate TIer lWo Confidential LOcation Inform.tion

Sheets (see 40 CFR,370,41), 'ball be submitted to the Oklahoma Departm!,nt of:6nvirownental Quall!)'. Igoo ~lJ;. Te&lil

Sire'" fJlile1>.... CHy. fJK 73117 1212 P.O, BOil 1677,·

Oklahoma CjIJ'. Oklahoma. 73101-1677.

(h) CoJllldential All materlBls submitted under '. Claim i.

of confidentiality, except separate Tier Two Confidential La.

cation Information Slioots. shall be submitted as .described in

40 CFR350.16 toi 'Fitle m R~Bft:iag CeB~et=. BIP..ifeBmeB

l<l1 Prete.li." Ageaey, P.g, lie" 23779,WaslHBgtee. 1'I,C,

2gg26 3779 EECRA SYb'tan\iirtii>n Packets. P.O. Box 1515,

I.fIphaID-SeabroOk. hID 20703-1515 or FedEx and courier

packages to EPCR.A Sl1h§t.airtiation P-8Ckets. c/o Computer

Sciences Corp.. SUite 300. 8400 Camerate Dr.. N...., Carroll-

. lon, !lID 20785, .

Permanent Final Adoptions

AUl'IIORI'IT:

Environmr.nLal QUBlit.y Boerd Powers and Duties., 27A O.S. H 1-3-101,

2-2-101 end2-2~201

DATES,

Commentplldod:

May l'1lhroughJune 22, 2004

Public.hearing:

Jun:: 22. 2004

Adoption.:

.June 22, 2004

SUblnitted to 'Governor:

June. 23, 2004

Submitted to Bowe:

June 23, 2004

SubmltaJd to Senate:

Jtple 23. 200~

Gubernatorial apPoo'ral:

August 5. 2004

Legislative appro-ral:

Failure of the Legislature lo disapprove the rules resulted in appIO\-a.l on

Mn.ich30,2oo5

Finallldoption:

Mllfch,O. 200,

Ef@ct;lve:

June 15,2005

SUPRRCEnED &MRRGENCY ACTIONS,

-None

INCORPORATIONS BYREFERENCE,

Incorporatell-standardsl

4O.CFR~355:.~70 Illld~n B!; ofJulr. 2003

Incoiporatlug rules:

252:211·'-'

Availability:

From,the contact person

ANALYSIS'

·On FebI1llU1' II, 199.9, EPA raised the thre&halds thaL nigger Maleria]

. Safety Data Sheet'(MSDS) reponing and annual chemical iJIvmUoty :reporting

unacr Bec.tiQllS 311 .and 312 of the Bmelgeocy PJamting and Community

Rigbl-To-~. Act or 1986 (BPCRA), for gasoline and diesel fuel stored

en~y underground III retail illS Gta1:iODS, thai. comply with requlr~eJm!

fOT. und.,.round ,to_ 1aIlks. (\1ST,). Th. filial ruI., 40. CPR 370.10,

promulpte.dnew lhreshold levc1& of7!i,OOO gallOl1.& for ilUioline'and 100,000

ga1lo~ fordiewfueL TmIPWPOBe, ofthesenew threz;holds wasto relieve most

retail gas ltalians.from -1eporting gasoline. and diesel fuel under-EPCRA. The

c.:bange reduced reponing burdCIlS whileptetervicg the ~prtan1publir:: healLb

and safel}' ~CDciits of the bazSIdous -cbcmjca1 reporting reqidrewents. The

DEQ liasfollowed the f~rzaI rule clJacige.bUl did DOt-updB..t£'itl rule to reDea

this dlange. The proposechmendmeutin OAe 252:20-1-3 changesthe dale of

,incorporation byreferenceto inolud~EPA's 1999 changes.. However,since the

C!>.~of:Ee<loral,!l<;gulalI""'ls.j>IIblishod.inJ~·_~.v.Jlai,ou,od'"'., _. . _~ ~_ _ .._=!-OARDnck8t-#(JS,682;JiU"U-20,OjJ. __, m~ CflR.dateofJuly 1. 2003 in ourinr::orporatioo b)' reFerenc:. Olhcr

proposed amendmeDt$ involve changingaddre.llBCS,

COI\'TACTPERSON,

Please Bend,written COlIllDmts to Monty Elder, Cwltomtr Servl~

Division., I:'epartment.ofEnvironm:ntal Quality, 707 N. Robinson, Oklahomn

. Cily. Oklahoma, 73102. Mailing addrl:Sll: P.O. Box IG77, Oklahoma Cit}',

OJdaho,"" 73101-1677. '/'oJ.phone (405) 7Q2-1000. Fax (405) 701·100l.

E-mail addre9s;monty;elder@deq.iltalc.al::..us

PURSUANT TO THE ACTIONS DESCRIBED HEREIN,

THE FOLLOWING RULES ARE CONSIDERED

FINALLY ADOPTED AS SET FORTH IN 750.S.,

SECTION 30g,I(A), '\'\'ITH AN EFFECTIVE DATE

OF JUNE 15, ZOOS.

Z5Z,ZO-1-3. Inl'OrporatioDS b)' reference

(a) Reference to CFR. Reference to Title 40 ofthe Code of

Federal Regulations (40 CPR) shall mean (unless otherwise

,pecificall)' provided) the Superfund. Emergenc)' PlllIlIl.ing,

RIJLEMAKING ACTION,

PERMANENTfinaJ adoption

RULES, '

Sub.chapt:er3. AirQuality Stanllardi and lncremems

252,1OO-'H. [AMSNDEOJ

AlITHORlTY,

Env:iromnentsl Qualil)' Board; 27A O,S, ii 2-2-101,,2·2·201 .and

01dehomaClean Air.Ac:t. 27A O.S. § ;:-S-lOl.er leq.

DATES, .

Comment period:

June 15, 2004 throu~hJul}' 21, 1.004

Pablie bearing:

July 21. ~and AU~USl24. 2004

May 16, 2005 110~ OklD.liomG.Regisu:r(Voium~ 22, Number 17)
Permanent Final A,?-optioll5

SUBCHAPTER 3. AIR QUALITY STANDARDS . AND INCR,EMENTS

PURSUANT TO THE ACTIONS DESCRIBED HEREIN,

THE FOLLOWING RULES ARE, CONSIDERED

FINALLY ADOPTED AS SET FORTH IN 75 0.5.,

SECTION' 30S.iCA), WITH AN EFFECTIVE DATE

OF 1S,2005:

Class I Areas:

!Al Particulate matter:

.ill PM-10, annual arilhmctic mem: maximum allowable increaSe is 4'microgram.:; Per

cubic m¢ter. .

fill. PM-W, twenty-four hour maximuni: maximum allowable increase is 8 miCf02T!!II!:i pC! cubic meter.

!ID' ,Sulfw dioxide:

ill annuBl arithmetic mean: maximum allowable increase is 2 micrograms per cubic meter.

!ill. twentv-four hour maximUm: maximum allowable increase is 5 microernms per cubic met~[,

ill

~'eB~' feai' hoarJH~timU:ft;

Three hoW' me.:timlHli:

-"Nltregea aiaxiee:

(etfeetiil'e May 1l:, 1991)

A1maal aritBmetic meIl:Il

.'\.nllUaJ arithmer:i~

TWEntr feW' helli' lBa!/dIIl:l!ffi

':Fbrec hour mll:JciLslHl3:

Nitregen Elienia!!:

~effeEti\'~ May 11, 1991)

.\mi1:lal eritlieieae melm

Class III .tii"O!RS

Partiealate mllitei':

PM HI, BMlial arithmetic HlCEIB

PM HI, N.'BElt)' {om hSHr mR*:fmIHB:

Sulfur meJtM::

.\!meal llri1ffiHetie meQR .

1'y<~' feW- ae1:lf mlHtmHHB:

'I1l:ree liei:rr maJioimum

}iia-OgCR melade:

(effeEltP;'e Mac)" 11, 199±3

.'''mula! !H'itbmetie meaa

Clll:!lS II !.crea:s

PartfCEflaffi matt8f':

PM 1G, llfHlRa! arifuaelie melW:

PM 10, t:vieatj- rellr hol!t' mu:imum

Sl:l!fur eentee:

4

&

Muimum

lUltiwllble

iBeFBIlSB

(miet'tlgf'ams

1;1 ef' e-ullie

Class I l\:rea5

Pat'ti&lffilte metter:

P},r{ HI, &ffi'I1Itll arit:lmt~E mee:B:

PM IQ, ...relit)" fsll:'f hew- mM:iEElJIal

Sulfur El:ie:;id::

Pell-Hiaat

o\doplion:

August 24. 2004

SulJmitted to GO~'Ilmo~:

August 30, 2004

Submitted to HOlls.,

AugUS130, 2004

Submitted to SeDate:

Augl1!ll )"0, 2004

Gubernutoriwapprovlll:

October G, 2004

uglslatbc approval'

Failure of !heLegislature to disapprove the rules resulted in appro\-al on

March 3D, 2005

Final adopdonl

Mart:h 30,2005

Effective:

June 15.2005

SUPERSEDED EMERGENCY ACTIONS:

None

INCORPORATIONS BY REFERENCE:

'No~e '

ANALYSIS:

The DepllrtJD.enl proposes to correct a refemlce error in subs:ction (a)

of Section 3-4 ofSubchapre.r 3. Thil; citatiol1 was o=looked wheo. the PSD

requiremenlB thaL were previously lncated in Part 5 of Subchllpte:r 7 were

moved10 Part 7 nfSubchapter 8.

CONTACT PERSON:

Joyce D. Sbu:dy, Department of EnviromnenUII: Quality, Air Qu.BIit)'

Division, 707 Nanh Robinson. P.O. HOI:. 1677, OtJehomll City, Ok1Bhom~

73101-1677. (405] 794-6800

252:100-3-4. Significant deterioration increments

(a) Significant deterioration. as used in the pbrilJle Prevention of SignitiC1lDtDeterioration (PSD}, means,llIl increase in

ambient air pollution above Ii ba.seliIle plus II.specific incre.ment

allowed for one oftbree cl!lSses of areas. See OAC ::'$2:IG9 7,

~252:1QO·8. Part 7.

(b} The allowabJeincrements are asfollows:

OkiaJIDIM.Reei.ler(Voi/Ull! 22. Number-],) 1108
iliil ~-hi:Hlf maximum: maximum allowable increase is 25 micrograms Per cubic meter

iCl Nitrogen dioxide'reffective Mnv 11,'1991), 8IlDual arithmetic mean: maximum nllownble increase

is 2.5 .micrograms per cubic meter.

ill C!!lss IT Areas:

fAl Particulate matter:

ill PM-IO annual arithmetic mean: maximum allowable increase is 17 micrograms pcr

cubic meter.

fill. ·PM-IQ. twenty-fout hour-maximum;' maximum allowable-increase is 30 micrograms per Cllbic meter; .

lID. Sulfur dioxide:

ill atIDtuH arithmetic ,mean; maximum ll1lowable increaJe is 2Q IDjctogfa,ws per cubic metci

!ill. .twenty-fOur hour mYimum:' 'maXimum allowablejncreas¢.js91 mcrograms per cubic meter.

.filil three-hour maximtim: maXimum allowable increase is 512 micrograms per cubic mete;r.

iCl Nitrogen"djoxide(effectivc'May 11.1991), an.

minI arithmetic mean; maxim;Urii allowable''increa~e

is 25 micioWms per cubic meter. .

ill Class m Areas: .

!A.l Particulate rttatter:

ill PM-lOt annunl arithmetic mean: maxj~

mum allowable increase is 34 micrograms per

cubic meter.

!ill. PM-lO twenty~fourhour maxmium: max~

imum allowable increase is 60 micrograms per cubic meter

00 Sulfur dioa:ide:

ill annUlil arithmetic mean ; maximum tillowable increAse is 40 "micrograms per CUbic meter:

@ twenty-fuui hour maxiniu.m: mUiniirin allowa.ble increase is 182 microgwns per cubic meter•

.illil. three-hoUr maXimtiin: maximum allowable increase is 700 microgram.:' per cubic meter.

!Q Nitro2en dioxide (effectiveMav 11 1991), annual mithmetjc mean: maXimum allpwable increase

is 50 micrograms per cubic meter.

[OAR Docket#05-683; filed 4>20-05]

TITLE 252. DEPARTMENT OF

ENVIRONMENTAL QUALITY

CHAPTER100. AIRPOLLUTION CONTROL

[OAR Docket #05-684]

RULEMAKING AenON,

PERMANENT final adoption

RULES,

Sub::bapter7. Permits for Minor Facilities

Part L General Provisiom

252:l00-1-2. [AMENDEDl

Permanent Final Adoptions

AUTHORITY:

Environmental Quality Boan1; 27A "o.s. §~ 2-2-101. 2-2-201 and

Oklahoma Clean Air ACl, 27A O.S. § 2-5-1 01. el seq.

DATES'

CClmment periOd:

June 15, '2004 through July '21, 2004

Publlchearlng=

July21. 2004 and August '24, 2004

Adoplion:

August24.2004

Submitted to Governor:

August30, '2004

Submitted to 'House:

August 30, 2004

Snbmltbld fo Senatel

August 30, 2004

Gubernatorial appro'\'Dl:

October 6. 2OQ4

Leglslative approval:

Failure of fbe Legislature to disaplifOVe til:: roles reiultei! in npproval on

Marcb.30.2OO5

Finw Bdopdonl

M>rch 30, 2005

Em~cttve:

June 15.2005

,sUPERSEDED EMERGIlNCY ACTIONS'

Non,

INCORPORATIONS BYllEFERENCE,

No",

ANALYSIS'

The Departmenl proposes Ul add language to subplU1lgmpb5 7-2(b)(1)(B)

and (C) of OAC 252:100-1-2 that will"make clear that demiJlimis cotton gins

thalcompJj· with the requirements ofSubchapter23 Control C1fEmissiCIW from

Cotton Gins and de minimis grain, feed orseed fuoUities thBlctlmplywith the

requirements of Subchapter 24 Partiaaatt Matter EmissiOns'frOOl Gnrin, Feed

er Seed OpenuiODS will nnt be rcquUed to IXJmply ·with the requirements of

Subchapter 25 Visible EmiBSiOnB BOd ParticulateS and Subchapter 29 Control

of Fugitive DuSL Subchaptus 23 and 24 set visible eminioD.!l ilaIldards

B:Dd fugitive dust standards for calion gins and grain, feed or seed facilities

J"espectivdy. Ili.5 not the Depanment's inLention thai. da minlmis faciliti~ be

beld to more aDingenlstandards than facillties with emj$SiODS laqe enougb Ul

requjfC permits. The added languagecorrects lhi.! inequity. -

CONTACT PERSONI .

Joyce D. Sheedy. Department of Bnvironmental Qualit}', Air Quality

Division, 707 North Robinson. P.O. Box 1677, QrJahOJD!. City, Oklahoma

13101-1611, (405) 194-6800

PURSUANT TO THE ACTIONS DESCRIBED HEREIN,

THE FOLLOWING RULES ARE CONSIDERED

FINALLY ADOPTED i\.S .sET FORTH IN 75 O.S.,

SECTION 308.1(A), WITH AN EFFECTIVE DATE

OFJUNE15, 2005:

SUBCHAPTER 7. PERMITS FORMINOR

FACILITlES

PARTl. GENERAL PROVISIONS

252:100-7·2. Requirement for permits for minor

. faclIities

(a) Permit required. Except a, provided in OAC

252:100-7-2, DO persmi may commence construction or

modi:fi.cBtioD of any minor facility, may op~rate any new minor

facility. or may relocate any minor portable source without

obtaining a permit from the DEQ. For additional application

May 16.2005 1109 Ol:iailoma Register(\.oolul1It 2;, Nwnbtr 17}