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 ofsubmitting documents to the U.S. Environmental Protection Agency for approval and incorporation into the State Implementation Plan (SIP) for Oklahoma.

Therefore, the State ofOklahoma submits for your review and approval under Section 110 ofthe 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 ofEPA'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 ofthe submittal as required by 40 CFR 51.103(a).

If 

### you have questions, please contact Eddie Terrill, Director, Air Quality Division, Department ofEnvironmental Quality at (405) 702-4154.

Sincerely,



## r{

# (r..1~t. JdL) lfLt') '/Gary t?herrer**Se~~y** 

### ofEnvironment

Enclosures

cc: Steve Thompson, Executive Director, Department ofEnvironmental Quality Eddie Terrill, Director, DEQ Air Quality Division Guy Donaldson, Section Chief, Air Planning Section, EPA Region VI (6PD-L) JeffRobinson, 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 2012STEVEN A. THOMPSON Executive Director OKLAHOMA PfrAIlMfNI or**fNVIJO~MftHAL** CUMin 

### OKLAHOMA DEPARTMENT OF ENVIRONMENTALQUALITY 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 ofthe 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;

IP 252 001 G S b h

n c aptcr :1 

## - > enera rOVlSlons NOTICE PUBLICHEARING GOVERNINGBOARD 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 PUBLICHEARING GOVERNINGBOARD June 15,2004 July 21. 2004 Air Ouality Advisory Council June 15,2004 August24. 2004 Environmental Ouality Board December 15 2010 January 19 2011 Air Quality Advisory Council December 15,2010 FebrualY25, 20 lJ Environmental Quality Board

u C a01er : erml s or mor ftCI I les NOTICE PUBLICHEARING GOVERNINGBOARD 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'

52 100 8 P . Ii P 70 S u c apter2 :

-**~>** ermlts or art ources NOTICE PUBLICHEARING GOVERNINGBOARD 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, OKlAHOMAmy, OKlAHOMA73101-1677

pointed on recycled paper**"'Il~** soy ink 

# oDr. Alfredo Annedariz EPA Regional Administrator SIP Submittal Februmy 6. 2012

.ppendix E, Primary Ambient Air Quality Standards NOTICE PUBLICHEARING GOVERNINGBOARD 

### • December 15, 2010 January 19,2011 Air Quality Advisory Council December 15,2010 February 25,2011 Environmental Quality Board A

The notices ofDEQ'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 ofrulemaking intent include the date, time and location ofpublic 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 ofthe public hearing. The Environmental Quality Board (EQB) accepts comments on the date ofthe EQB hearing.

Ifyou have questions or require additional information, please contact Cheryl Bradley, Environmental Programs Manager, at (405) 702-42I8.

# C&~ Eddie Terrill, Director Air QualityDivision

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 ofthe Oklahoma CAA and fulfilling the requirements ofthe 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 apermitting 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 ofthe 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 reliefwhen 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 ofany 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 ofowners 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 ofthis section specify thejurisdictional areas ofresponsibility for each state environmental agency and state agencies with limited environmental responsibility. The jurisdictional areas ofenvironmental 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 foUowingjurisdictional areas ofenvironmental responsibility: I. AU point source discharges ofpoUutants and storm water to waters ofthe 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 ofthe federal Clean Water Act, for areas within the Department'sjurisdiction as provided in this subsection; 4. Surface water and groundwaterquality 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 ofmineral brines as defined in the Oklahoma Brine Development Act regulated by the Commission, and d. any aspect ofany C02 sequestration facility, including any associated C02 injection weU, over which the Commission is givenjurisdiction 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 ofTitle 40 ofthe 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 otherpublic 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 ofa 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 itsjurisdictional area ofenvironmental responsibility. C. Oklahoma Water Resources Board. The Oklahoma Water Resources Board shall have the followingjurisdictional areas ofenvironmental 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 ofthe 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 ofthe 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 ofEnvironment; 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 thereofpursuant to Section 1085.30 ofTitle 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 pursuantto Section 1-1-202 ofthis title for itsjurisdictional area ofenvironmental responsibility; 12. Development ofclassifications and identification ofpermitted uses ofgroundwater, in recognized water rights, and associated groundwaterrecharge 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 waterresource 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 ofAgriculture, Food, and Forestry. I. The Oklahoma Department ofAgriculture, 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 milkproduction 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 ofenvironmental responsibility, and J. 

### storm water discharges for activities subject to the jurisdictional areas of environmentalresponsibility ofthe Department. 2. In addition to the jurisdictional areas of environmental responsibility specified in subsection B ofthis section, the Department ofEnvironmental 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 ofpollutants and storm water to waters ofthe state, surface impoundments and land application of wastes and sludge, and otherpollution 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 thejurisdiction ofthe 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 ofsalt 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 ofoil 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 ofmineral 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 ofrefineries, petrochemical manufacturing plants, natural gas liquid extraction plants, or other facilities which are
5

### subject to the jurisdiction ofthe Department ofEnvironmental 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 ofoil, gas or mineral brine during the course oftransportation 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 ofoil 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 ofthis 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 ofenvironmental responsibility. 2. The exclusive jurisdiction, power and authority ofthe 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 ofpollutants or storm water from a facility or activity regulated by the Department ofEnvironmental Quality, the Department shall have solejurisdiction 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 thejurisdiction ofthe Commission pursuant to paragraph I ofthis subsection and any other oil and gas extraction facility or activity which requires a permit for the discharge ofa pollutant or storm water to waters ofthe United States shall be subject to the directjurisdiction ofthe federal Environmental Protection Agency and shall notbe required to be permittedby the Department of Environmental Quality or the Commission for such discharge.

6

### 5. The Commission shaH havejurisdiction 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 ofa 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 ofa 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 ofEnvironmental Quality shall have sole jurisdiction to regulate the transportation, discharge or release ofdeleterious substances or solid or hazardous waste or other pollutants from rolling stock and rail facilities. The Department ofEnvironmental Quality shall nothave anyjurisdiction with respect to pipeline transportation ofcarbon dioxide. 7. The Department ofEnvironmental Quality shall have sole environmental jurisdiction for point and nonpoint source discharges ofpollutants and storm water to waters ofthe state from:

a. refineries, petrochemical manufacturing plants and natural gas liquid extraction plants, b. manufacturing ofequipment and products related to oil and gas,
c. bulk terminals, aboveground and underground storage tanks not subject to thejurisdiction ofthe Commission pursuant to this subsection, and d. other facilities, activities and sources not subject to the jurisdiction ofthe Commission or the Oklahoma Department of Agriculture, Food, and Forestry as specified by this section. 8. The Department ofEnvironmental Quality shall have sole environmentaljurisdiction to regulate air emissions from all facilities and sources subject to operating permit requirements under Title V ofthe federal Clean AirAct as amended. F. Oklahoma Conservation Commission. The Oklahoma Conservation Commission shall have the followingjurisdictional areas ofenvironmental responsibility:

7

### 1. Soil conservation, erosion control and nonpoint source management except as otherwise provided by law; 2. Monitoring, cvaluation and assessment ofwaters to determine the condition ofstreams 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 ofthe 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 ofenvironmental 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 ofOklahoma 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 ofMines. The Department ofMines shall have the followingjurisdictional

areas ofenvironmental responsibility: 1. Mining regulation; 2. Mining reclamation ofactive 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 itsjurisdictional areas ofresponsibility. H. 

### Department ofWildlife Conservation. The Department ofWildlife Conservation shall have the followingjurisdictional areas ofenvironmental 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 ofPublic Safety. The Department ofPublic Safety shall have the following jurisdictional areas ofenvironmental responsibilities: 1. Hazardous waste, substances and material transportation inspections as authorized by the Hazardous Materials Transportation Act; and 2. Inspection and audit activities ofhazardous waste and materials carriers and handlers as authorized by the Hazardous Materials Transportation Act.

8

### J. Department ofLabor. The Department ofLabor shall have the following jurisdictional

areas ofenvironmental 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 ofemergency 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 ofthis 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 ofthe federal provision as it existed at the time ofthe incorporation by reference. Any subsequent modification, repeal or invalidation ofthe federal provision shall not be deemed to affect the incorporating Boardrule.

Addedby 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 ofEnvironmental 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 ofOklahoma, 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, wastewatertreatment 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 ofpermits 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 ofthe 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 otherpositions and employees ofthe Department at the Division Director level orhigher 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 thejurisdiction ofthe 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 itsjurisdictional 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 ofinquiries 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 orpennits, 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 ofthe Oklahoma House ofRepresentatives by January I ofeach year. The annual status report shall include: the number ofenvironmental inspections made within the various regulatory areas under the Department's jurisdiction; the number ofpennit applications submitted within the various regulatory areas under the Department'sjurisdiction; 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 ofany 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 ofthe Department's environmental education efforts; the number and type ofadministrative 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 ofpenalties 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 ofevery 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 ofthe 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 ofthis 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 ofEnvironmental 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 ofnew 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 ofpurity ofair within the state; 9. Represent the State ofOklahoma in any and all matters pertaining to plans, procedures

or negotiations for the interstate compacts in relation to the control ofair 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 ofthe 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-timebasis 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 ofEnvironmental 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 ofpersons; 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 ofany 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 ofconfidential information by an Administrative Law Judge during the course ofa 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 OklahomaClean Air Act and fulfilling the requirements ofthe Federal Clean AirAct.

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 ofTitle 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

13

### 2. Promulgate such additional rules including but not limited to pennit fees, as it deems necessary to protect the health, safety and welfare ofthe 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 ofair pollution and for the establishment ofhealth 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 ofacid deposition,

e. a small business program, and f. a system ofassessing and collecting fees; 2. The Council shall recommend rules ofpractice and procedure applicable to proceedings before the Council; 3. Before rec0111l11ending any pel111anent rules, or any amendment or repeal thereofto the Board, the Council shall hold a public rulemaking hearing. The Council shall have full authority to conduct such hearings, and may appoint ahearing 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 ofthe 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 ofthe 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 ofconducting 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

14

### 7. The Council shall have the authority to conduct individual proceedings, to issue notices ofhearings and subpoenas requiring the attendance ofwitnesses and the production ofevidence, to administer oaths, and to takc tcstimony and receive such pertinent and relevant proofas 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 oflaw and proposed orders as they may require. Upon issuance ofa 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 ofproof

- 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 ofthe 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 ofviolation. 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 ofthis 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 ofa day that such person fails to comply with the order. C. Any order issued pursuant to this section shall state with specificity the nature ofthe 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 ofthe 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 ofan amount based upon consideration ofthe evidence but not exceeding the amount stated in the written order. E. Any order issued pursuantto this section shall become afinal 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 ofproofshall be upon the Department. G. Nothing in this section shall be construed 10 

### limit the authority ofthe 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 ofTitle 63 by Laws 1993, c. 

### 145, § 

### 359, eff. July 1,1993. Amendedby 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 ofemission ofair contaminants except in compliance with a permit issued by the Department ofEnvironmental Quality, unless the source has been exempted

or deferred or is in compliance with an applicable deadline for submission ofan 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 ofthe 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 ofair contaminants, and to grant a reasonable measure ofpriority 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 ofany substantive provisions ofthe Oklahoma Clean Air Act, or any rule promulgated thereunder or any permit issued pursuant thereto; 2. Refrain from issuing apermit 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 ifthe remaining permit term is greater than three (3) years; or incorporate insignificant changes into apermit without requiring arevision; 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, ifnecessary, at the expense ofthe permittee or applicant:

a. installation and utilization ofcontinuous 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 ofthe Federal Clean Air Act for a tenn not to exceed five (5) years, except that solid waste incinerators may be allowed a tenn ofup 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 ofpennit applications; set by rule, a reasonable time in which the Department must detennine the completeness ofsuch applications; and 11. Detennine the fonn and content ofemission inventories and require their submittal by any source orpotential source ofair contaminant emissions. C. 

### Rules ofthe Board may set limits below which a source ofair contaminants may be exempted from the requirement to obtain a pennit or to pay any fee. Any source so exempted, however, shall remain underjurisdiction 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 ofuntreated cottonwood lumber in areas that have always attained ambient air quality standards. D. To ensure against unreasonable delay on the part ofthe Department, the failure ofthe Department to act in either the issuance, denial or renewal ofa pennit in a reasonable time, as detennined by rule, shall be deemed to be a final pennit action solely for purpose ofjudicial 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 qualitymaybe affected and that are contiguous to the State ofOklahoma, or are within fifty (50) miles of the source of each pennit application or proposed pennit for those sources requiring pennits under Title V ofthe Federal Clean Air Act, and shall provide an opportunity for such states to submit written recommendations respecting the issuance ofthe 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 oftransfer 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 transferorunless 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 ofthe 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 ofthe 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. Amendedby Laws 1993, c. 145, § 

### 49, eff. July 1,1993. Renumbered from § 

### 1-1813 ofTitle 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 byLaws 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 ofthe 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 adoptionby 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 afinal emission standard under Section 112(d) ofthe Federal Clean Air Act. 

### I. Such program shall consist ofpermanent 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 ofexisting 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 contaminantunder 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 underthis 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 ofone million (1,000,000) ifthe Department determines that emissions ofhazardous air pollutants from such wells present

more than a negligible risk ofadverse effects to public health. F. Nothing in this section shall be construed to limit authority established elsewhere in the Oklahoma Clean AirAct.

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 ofany applicable provision ofthe Oklahoma Clean Air Act, or any rule promnlgated thereunder; 2. Whenever any person has commenced construction, modification or operation ofany source, or operates any source in violation ofthe requirement to have apermit, or violates or is in violation of any substantive provision or condition of any permit issued pursuant to the Oklahoma Clean AirAct; or 3. Whenever any person has violated any order ofthe Department or the Councilor any requirement to pay any fee, fine orpenalty 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 ofany 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 ofcollection, including attorney fees, and an appropriate fee ofup 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, § 

### 1repealedby Laws 1997, c. 2, § 

### 26, emerg. eff. Feb. 26,1997.

§51-24A.2. Public policy

- Purpose ofact. 

### As the Oklahoma Constitution recognizes and guarantees, all political power is inherent in the people. Thus, it is the public policy ofthe State ofOklahoma 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 ofinformation contained in public records. The purpose ofthis act is to

ensure and facilitate the public's right ofaccess to and review ofgovernment 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 ofestablishing such records are protectedby 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 ofpublic officials, public bodies, or their representatives in connection with the transaction of public business, the expenditure of public funds or the administering ofpublic 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 apublic 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 ofTrustees ofthe 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 ofthis 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 ofPublic Safety, as prescribed in Section 6-117 ofTitle 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 ofPublic Safety, or (3) audio or video recordings ofthe Department ofPublic Safety; 2. "Public body" shall include, but notbe 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 ofpublic funds or administering or operating public property, and all committees, or subcommittees thereof. Except for the records required by Section 24AA 

### ofthis title, "public body" does not meanjudges,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 ofany 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 ofPublic 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 ofreceipts 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 ofany public funds reflecting all financial and business transactions relating thereto, except that such records may be disposed ofas provided by law.

Added by Laws 1985, e. 355, § 

### 4, eff. Nov. I, 

### 1985.

§51-24A.5. Inspection, copying and/or mechanical reproduction ofrecords

- Exemptions. 

### All records ofpublic bodies and public officials shall be open to any person for inspection, copying, ormechanical reproduction during regularbusiness hours; provided: I. The Oklahoma Open Records Act, Sections 24A.I through 24A.28 ofthis title, does not applyto 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 informerprivileges, b. records ofwhat transpired during meetings ofa 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 ofMedicolegal Investigations obtained pursuant to Sections 940 and 941 ofTitle 63 ofthe 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 ofbirth orwhose driver license numberis not furnished by the requesting person. The Oklahoma State Bureau ofInvestigation shall not be required to assemble for the requesting person any criminal history records relating to persons whose names, dates ofbirth, 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 ofpersons, 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 thereofrequested 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 ofeight 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 ofthe essential functions ofthe 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 ofelectronic data to the news media for a news purpose shall not exceed the direct cost ofmaking the copy. The fee charged by the Department ofPublic 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 ofthe government are honestly, faithfully, and competently performing their duties as public servants. The fees shall not be used for the purpose ofdiscouraging 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 ofany county shall be available for inspection or copying in accordance with the provisions ofthe Oklahoma Open Records Act; provided, however, the index shall not be copied ormechanically 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 ofits 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 regularbusiness hours ofthe publicbody.

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 ofrecords.

23

### A. 

### Ifa public body or its office does not have regular business hours ofat 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 ofthe week when records are available for inspection, copying or mechanical reproduction; 2. Set forth the name, mailing address, and telephone number ofthe 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 otherthan 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 ofpersonal 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 ofcertified public school employees. B. 

### All personnel records not specifically falling within the exceptions provided in subsection A ofthis section shall be available for public inspection and copying including, but not limited 

### to, records of: I. An employment application ofaperson who becomes a public official; 2. The gross receipts ofpublic funds; 3. The dates ofemployment, title orposition; and 4. Any final disciplinary action resulting in loss ofpay, suspension, demotion ofposition,

or termination. C. Except as may otherwise be made confidential by statute, an employee ofapublic body shall have a right ofaccess to his own personnel file. D. Public bodies shall keep confidential the home address, telephone numbers and social security numbers ofany 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 ofbirth, address, race, sex, physical description, and occupation ofthe arrestee; 2. Facts concerning the arrest, including the cause ofarrest and thc name ofthe 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 ofwhat 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 ofcrimes reported and public calls for service by classification or nature and number; and 8. Jail registers, includingjail blotter data orjail 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 ofdischarge or escape ofthe prisoner. B. Except for the records listed in subsection A ofthis 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 ofan 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 ofany peace officer; 2. As may be required to perform the duties imposed by Section 3311 ofTitle 70 ofthe 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 ofany 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 ofOklahoma. F. The Department ofPublic 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 ofincidents 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 ofpreventing identity theft and invasion oflaw 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 ofa public policy or the implementation ofa 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 ofits 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 ofthis 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 ofbids 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 ofa contract; or 5. The prospective location ofa private business or industry prior to public disclosure ofsuch 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 ofbusiness 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 ofCommerce, the Oklahoma Department ofCareer 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 ofthe address, rate paid for services, charges, consumption rates, adjustments to the bill, reasons for adjustment, the name ofthe 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 ifpublic 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 ofthe 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 ofany limitations imposed as a condition ofthe donation and any information which would reveal the identity ofan individual who lawfully makes a donation to

or on behalfofa 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. Iflibrary, 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 ofthe State of Oklahoma and agency attorneys authorized by law, the office of the district attorney of any county ofthe state, and the office ofthe 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 offederal legislation may be kept confidential to the extent requiredby 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 ofthe 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 ofAgriculture 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 ofthe Commissioner ofAgriculture, 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 ofthis 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. Ifkept, 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 ofattendance, 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 ofthe parent or guardian or the student ifthe student is eighteen (18) years ofage 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 ofevaluating 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 ofa misdemeanor, and shall be punished by a fine not exceeding Five Hundred Dollars ($500.00) or by imprisonment in the countyjail for a period not exceeding one (I) 

### year, or by both such fine and imprisonment. B. 

### Any person denied access to records ofapublic body orpublic 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 underthe 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 ofwhich could affect the conduct or outcome ofthe 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 ofany 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 ofthe 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 ofproducts, 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 arecord in an investigative file ifthe record or a true and complete copy thereofis available for public inspection and copying at anotherpublic 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 apublic body pursuant to the provisions ofparagraph 3 of Section 24A.5 ofTitle 51 ofthe Oklahoma Statutes shall not be charged when a state agency or taxing entity located within the boundaries ofany district created pursuant to the provisions of the Local Development Act request a copy ofthe 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 ofa public utility, its affiliates, suppliers and customers which the Commission determines are confidential books and records ortrade 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 ofcommunication over a telephone system;

or 3. Transmitting directly or indirectly or distributing combustible hydrocarbon natural or synthetic natural gas for sale to the public.

Addedby Laws 1994, c. 

### 315, § 

### 12, eff. July 1,1994.

§51-24A.25. Order ofcourt for removal ofmaterials from public record. Any order of the court for removal of materials from the public record shall require compliance with the provisions ofparagraphs 2 through 7 

### ofsubsection 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 ofthe intergovernmental self-insurance pool.

Addedby 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 ofcritical 

### 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 ofAgriculture, d. OklahomaConservation Commission,

e. DepartmentofWildlife Conservation, f. 

### Department ofMines, and g. Department ofEnvironmental 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 ofwater for domestic purposes or for power.

Addedby 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

Submittedto EPA March 2012

### TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY CHAPTER 100. AIR POLLUTION CONTROL

SUBCHAPTER 1. 

### GENERAL PROVISIONS

252:100-1-3. Definitions Thefollowingwords andterms, whenusedinthis Chapter, shallhavethefollowingmeaning, unlessthecontextclearlyindicates otherwiseorunlessdefined specificallyfor aSubchapter, 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 specificallydefinedotherwise, theAdministratoroftheUnited States Environmental Protection Agency (EPA) orthe Administrator's designee. "Air contaminant source" means any and all sources of emission of air contaminants(pollutants), whetherprivately orpublicly owned oroperated, orperson contributing to emission ofaircontaminants. Withoutlimitingthe generalityoftheforegoing, this termincludes all types ofbusiness, commercial and industrial plants, works, shops and stores, heating andpower plants or stations, buildings and other structures ofall types. "Airpollution abatementoperation" means any operation whichhas as its essentialpurpose
a significantreduction in: (A) the emission ofair contaminants, or (B) the effect ofsuch emission. "Airpollution episode" means high levels ofairpollution existingfor an extendedperiod(24· hours ormore) oftimewhichmaycause acuteharmfulhealtheffects duringperiods ofatmospheric stagnation, withoutvertical orhorizontal ventilation. This occurs whenthere is ahigh pressure air

mass over an area, a low wind speed and there is a temperature inversion. Other factors such as humidity may also affectthe episode conditions. "Ambientair standards" or "Ambientair quality standards" means levels ofairquality as codified in OAC 252:100-3. "Atmosphere" means the airthat 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 accountenergy, environmental, andeconomicimpacts andothercosts ofaltemativecontrol systems. "Building, structure, facility, or installation" means all ofthe pollutant-emitting activities which belong to the same industrial grouping, are located on one ormore contiguous or adjacent properties, and are under the control ofthe same person (or persons under common control). Pollutant-emittingactivities shallbeconsideredaspartofthe sameindustrialgroupingif theybelong to the same "Major Group" (i.e., whichhave the same two-digit code) as described inthe Standard Industrial ClassificationManual, 1972, as amendedby the 1977 Supplement. "Catalytic cracking unit" means aunit composed ofa reactor, regenerator and fractionating towers whichisused to convertcertainpetroleumfractions into morevaluableproductsbypassing the material through or commingled with abed ofcatalyst in the reactor. Coke deposits produced

on the catalyst during cracking are removed byburning offin the regenerator. "Combustiblematerials" means any substancewhichwillreadilybumand shallincludethose

1

### substances which, although generally considered incombustible, are ormaybeincluded inthemass ofthe material burned orto be burned. "Commence" means, unless specifically defined otherwise, that the owner or operator of a facility to which neither a NSPS orNESHAP 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 ofpermit processing does not preclude the Director from requesting or accepting any additional infonnation. "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 ofhydrocarbon. "Directfired" means that thehot gasses producedbythe flame orheat source come into direct
contact with the material being processed or heated. "Division" meansAirQualityDivision, OklahomaStateDepartmentofEnvironmental Quality. "Dust" means solidparticulatematterreleased into orcarriedinthe airbynatural forces, byany fuel-burning, combustion,process equipmentordevice, constructionwork, mechanicalorindustrial processes. "EPA" means the United States Environmental Protection Agency. "Excess emissions" means the emission ofregulated air pollutants in excess ofan applicable limitation or requirement as specified in the applicable limiting Subchapter, permit, or order ofthe DEQ. This termdoes notinclude fugitive VOC emissions coveredby anexistingleakdetection and repairprogram 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, orparagraph ofthese rules. "Facility" means all ofthepollutant-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 withinanyapplicable Stateimplementationplan, anypermitrequirements 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 ormore 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. "Fugitiveemissions" means, unless specificallydefinedotherwise, thoseemissionswhichcould not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. "Fume" means minute solid particles generatedby 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. "Greenhouse gas" or "GHG" means the airpollutant 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 sulfurhexafluoride (SF

### j, "Grossparticulatematter" or "GPM" meansparticulatematterwith anaerodynamicdiameter greaterthan I0 micrometers. "In being" means as used in the definitions ofNew Installation and Existing Source that an
owneroroperatorhas undertaken acontinuousprogramofconstructionormodificationorthe owner
oroperatorhas enteredinto abindingagreementorcontractualobligationto undertakeandcomplete within a reasonable time a continuous program of construction or modification prior to the compliance date for installation as specifiedby the applicable regulation. "Incinerator" means a combustion device specifically designed for the destruction, by high temperatureburning, ofsolid, semi-solid, liquid, orgaseous combustiblewastes andfrom whichthe solid residues contain little or no combustible material. "Indirect fired" means that the hot gasses producedby the flame orheat source do not come into direct contact with the material, excluding air, being processed orheated. "Installation" means an identifiable piece ofprocess equipment.
"Lowestachievableemissions rate" or "LAER" means, foranysource,themorestringentrate ofemissions based onparagraphs (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 ofLAER allow a proposed new or modified stationary sourceto emit anypollutantin excess ofthe amountallowableunderapplicable standard ofperformance for the new source. (A) LAER means the most stringent emissions limitation which is contained in the implementation plan ofany 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 ormodified stationary source which directly emits orhas the capability at maximum design capacity and, ifappropriately permitted, authority to emit 100 tons per year ormore ofa given pollutant. (OAC 252: I00-8, Part 3) "Malfunction" means any sudden, infrequent, and not reasonably preventable failure ofair pollutioncontrol equipment, process equipment, oraprocessto operateinanormalorusual manner. Failures that are caused in partby poormaintenance or careless operation are not malfunctions. "Mist" means a suspension ofany finely divided liquid in any gas or atmosphere excepting

3

### uncombined water. "Modification" means anyphysical changein, orchangeinthemethodofoperationof, asource which increases the amount-of any air pollutant emitted by such source or which results in the emission ofany airpollutantnot previously emitted, except that: (A) routine maintenance, repair and replacement shall notbe considered physical changes; 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) useofalternativefuel orraw material if, priorto thedate any standardunderthis part becomes applicableto suchsourcethe affected facilityis designedto accommodate such alternative use. "NationalEmission Standards for Hazardous AirPollutants" or "NESHAP" means those standards found in 40 CFRParts 61 and 63. "New installation", "New source", or "New equipment" means an air contaminant source which is not in being on the effective date ofthese regulations and any existing source which is modified, replaced, orreconstructed afterthe effective date oftheregulations such that the amount ofair contaminant emissions is increased. "New Source Performance Standards" or "NSPS" means those standards found in 40 CFR Part 60. "Nonmethane organiccompounds" or "NMOC" means nonrnethaneorganiccompoundS, as defined in 40 CFR 60.754. "Opacity" means the degree to which emissions reduce the transmission oflight and obscure the view ofan object in the background. "Openburning" meanstheburningofcombustiblematerialsinsuchamannerthattheproducts 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, controls or supervises a
source. "Part70 permit" means (unless thecontextsuggests otherwise) anypermitorgroup ofpermits covering aPart 70 source that is issued, renewed, amended, orrevised pursuantto this Chapter. "Part70 program" means aprogram approved by the Administratorunder 40 CFRPart 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 10micrometers or less as measured by applicable reference methods, or an equivalent

or alternative method. "PM-lO" means particulate matterwith an aerodynamic diameter of 10micrometers or less. "PM-2.5" means particulatematterwith an aerodynamic diameter of2.5 micrometers orless. "Particulate matter" or "PM" means any material that exists in 

### a finely divided form as a liquid or a solid. "Particulatematteremissions" meansparticulatematteremittedtotheambientairasmeasured

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 andoperational desigI). Anyphysical oroperationallimitatiol1 onthe capacityofthe source to emit apollutant, including airpollution control equipment and restrictions on hours ofoperation

or on the type or amount ofmaterial combusted, stored orprocessed, shall be treated as part ofits design ifthelimitationorthe effectitwouldhave on emissions is enforceable. Secondaryemissions do not count in determining the potential to emit ofa source. "Prevention ofsignificant 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 anymaterials

or for storage orhandling ofany materials, the use or existence ofwhich may cause any discharge ofair contaminants into the open air, but not including that equipment specifically defined as fuelburning equipment, orrefuse-burning equipment. "Process weight" means the weightofallmaterials introduced in a source operation, including solid fuels, butexcludingliquids andgases used solely as fuels, and excluding airintroducedforthe purposes ofcombustion. Process weightrate means a rate established as follows: (A) forcontinuous orlong-run, steady-state, operations, thetotalprocessweightfortheentire period ofcontinuous operation or for a typical portion thereof, divided by the number of hours ofsuch period orportion thereof. (B) forcyclical orbatch sourceoperations, thetotalprocess weightforaperiodwhichcovers
acomplete or anintegral number ofcycles, dividedbythehours ofactual process operation during such period. (C) where the nature ofany process or operation or the design ofany equipment is such as to permitmore than one interpretation ofthis definition, that interpretation whichresults in the minimum value for allowable emission shall apply. "Reasonably available control technology" or "RACT" means devices, systems, process modifications, or other apparatus ortechniques 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) thereplacementofcomponents ofanexisting sourceto theextentthatwillbedetermined by the Executive Directorbased on: (i) the fixed capital cost(thecapital neededto provide all the depreciablecomponents of thenew components exceeds 50percentofthefixed capitalcostofacomparableentirely

new source); (ii) the estimated life ofthe source after thereplacements is comparable to the life ofan entirely new source; and, (iii) the extent to which the components being replaced cause or contribute to the emissions from the source. (B) areconstructed 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 ofcombustible refuse or other combustible wastes by burning. 

### "Regulated air pollutant" means any substance or group ofsubstances listed in Appendix P ofthis Chapter, orany substanceregulated as an airpollutantunder any federal regulationfor which theDepartmenthas beengiven authority, orany othersubstance for which an air emissionlimitation

or equipment standard is setby an enforceablepermit. 

### "Responsible official" means one ofthe following: (A) For a corporation: apresident, secretary, treasurer, or vice-president ofthe corporation in charge ofa principal business function, or any otherperson who performs similarpolicy

ordecision-makingfunctions for the corporation, ora duly authorizedrepresentative ofsuch person ifthe representative is responsible for the overall production, or operating facilities applying for or subject to apermit 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 ofauthority 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 officerorranking elected official. Forpurposes ofthis Chapter, aprincipal executive officer

or installation commander ofa federal agency includes the chiefexecutive officer having responsibility for the overall operations ofaprincipal geographic unit ofthe 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 ofthe Act or the regulations promulgated thereunder are concerned; and (ii) The designated representative for any otherpurposes 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 ofcarbon, ash, and other matter any or all ofwhich is presentin sufficient quantity
to be observable.

6

### "Source operation" means the last operation preceding the emission ofan air contaminant, which operation: (A) results in the separation ofthe air contaminant from the process materials or in the conversion ofthe process materials into air contaminants, as in the case ofcombustion of fuel; and, (B) is not an airpollution abatement operation. 

### "Stack" means, unless specificallydefinedotherwise, anychimney, flue, duct, conduit, exhaust, pipe, ventoropening, excludingflares, designedorspecificallyintendedto conductemissions 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 ofanyprocess, process equipment, or airpollution control equipment. 

### "Stationary source" means, unless specifically defined otherwise, any building, structure, facility, orinstallation eitherfixed orportable, whose design and intended use is at a fixed location and emits ormay emit an air pollutant subject to OAC 252:100. 

### "Total Suspended Particulates" or "TSP" means particulatematteras measured bythehighvolume method described in Appendix B of40 CFR Part 50. 

### "Temperature inversion" means a phenomenon in which the temperature in a layer ofair 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, carbondioxide, carbonicacid, metalliccarbides, ammoniumcarbonates,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 ofunits ofmeasure. (1) Btu

- British thermal unit (2) cm/sec

- centimeterper 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 H2

### S04 _- 

### 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) LT

### ID

- 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

- millionbritish 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

- meterperminute 

## t321Qll ng/dscm

- nanograms per dry standard cubic meter 

### f.BJQ.fl ng/J

- nanograms perJoule 

### f-l4}Qil oz/inz ozlin2

- 

### ounceper 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

- BestAvailable Control Technology (5) CEM

- Continuous Emission Monitor (6) CFR

- Code ofFederal Regulations (7) COM

- Continuous Opacity Monitor (8) DEQ

- Department ofEnvironmental 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 byRule 

# twtJ1D PM

- Particulate Matter tzi"1(22) 

### PSD

- Prevention ofSignificant 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 ofSignificant Deterioration (PSD),

means an increase in ambient air pollution above a baseline plus a specific increment allowed for

one ofthree classes ofareas. See OAC 252: 

### J00-8, Part 7. (b) The allowable increments are as follows: (1) 

### Class I 

### Areas: (A) Particulatc mattci PM2.5 

### (effective October 20. 20

### II): 

## (n annual arithmetic mean: maximum allowable increase is I 

### microgram per cubic
meter. (ii) twenty-fourhourmaximum: maximumallowableincreaseis2micrograms percubic
meter. (B) 

### PM,,,:. (i) PM-IO, annual arithmetic mean: maximum allowable increase is 4 

### micrograms per cubic meter. (ii) PM-IO, twenty-fourhourmaximum: maximum allowableincreaseis 8micrograms 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-fourhourmaximum: maximumallowableincreaseis 9 

### micrograms percubic
meter. (B) 

### PM,,,:. (i) PM-IO, annual arithmetic mean: maximum allowable increaseis 17 micrograms per cubic meter. (ii) PM-l0, twenty-fourhourmaximum: maximumallowableincreaseis 30micrograms per cubic meter. 

## fB1(Q Sulfurdioxide: (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-fourhourmaximum: maximumallowableincreaseis 60micrograms 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 notbe included in a minorfacility pennitnorcause
afacilitytobe sub;ectto minorfacilitypennittingrequirements containedinOAC 252: I00-7. unless the owner or operator of that facility requests that GHG emission limits and/or physical or operational limitationsbe includedinaminorpennitforthe facilityto setenforceable limits tokeep potential GHG emission levels below the applicability threshold levels for the PSD construction pennitprogramand/orthePart70operatingpennitprogram. Physicaloroperationallimitationsmay include. but are not limited to. air pollution control equipment. restrictions onhours ofoperation. and/orrestrictions on the type or amount ofmaterial combusted. stored. orprocessed.

# 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 Thefollowing words andtenns, whenusedinthis Part, shallhavethefollowing meaning, unless the contextclearly indicates otherwise. Except as specifically provided in this Section, tenns used in this Part retain the meaning accorded them under the applicable requirements ofthe Act. "Administratively complete" means an application thatprovides: (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 underTitle IV (acid rain) ofthe 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 thejudgment ofthe DEQ may be directly affected by emissions from the facility seeking the pennit, pennit modification, orpennit renewal being proposed; or (B) all states that are within 50 miles ofthe pennitted source. "Affectedunit" means the sameas themeaning giventoitintheregulations promulgatedunder Title IV (acid rain) ofthe Act. "Applicablerequirement" means all ofthefollowing as they applyto emissions units in aPart 70 source subject to this Chapter (including requirements thathave beenpromulgated or approved by EPA through rulemaking at the time ofissuance but have future effective compliance dates): (A) Any standardorotherrequirements providedfor inthe applicable implementationplan 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, ofthe 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 ofany risk management planrequired under 112(r) ofthe Act; (E) Any standard orotherrequirement ofthe acidrainprogramunderTitle IV ofthe Act or the regulations promulgated thereunder; (F) Anyrequirements establishedpursuantto section504(b) orsection 114(a)(3) oftheAct; (G) Anystandardorotherrequirementgoverning solidwasteincineration, undersection 129 ofthe Act; (H) Anystandardorotherrequirementforconsumerandcommercialproducts, undersection 183(e) ofthe Act; (I) 

### Any standard or otherrequirement for tank vessels, under section 183(f) ofthe Act; (J) 

### Anystandardorotherrequirementoftheregulationspromulgatedtoprotectstratospheric
ozone under Title VI of the Act, unless the Administrator has detennined that such requirements need notbe contained in aTitle V pennit; and (K) Any national ambient air quality standard or increment or visibility requirementunder

1

### part C of Title I of the Act, but only as it would apply to temporary sources permitted pursuant to section 504(e) ofthe Act. "Begin actual construction" means for purposes ofthis Part, that the owner or operator has begun the construction or installation ofthe emitting equipment on apad or in the final location at the facility. "Designated representative" means with respect to affected units, a responsible person or official authorizedby the owner oroperator ofa unit to represent the owner oroperator in matters pertaining to the holding, transfer, or disposition of allowances allocated to a unit, and the submission ofand compliancewithpermits, permit applications, and complianceplans forthe unit. "Draft permit" means the version ofa permit for which the DEQ offers public participation under27AO.S.§§ 2-14-101 through2-14-401 andOAC 252:4-7 oraffectedStatereviewunderOAC 252: 100-8-8. "Emergency" means, when used in OAC 252:100-8-6(a)(3)(C)(iii)(I) and (e), any situation arisingfrom sudden andreasonablyunforeseeableeventsbeyondthecontrol ofthe source, including acts ofGod, 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 applicablerequirementto which the source would otherwisebe subject. "Emissions unit" means anypartoractivityofastationary sourcethatemits orhas thepotential to emit any regulated airpollutant or any pollutant listed under section 112(b) ofthe 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 ofthe term "unit" for purposes ofTitle IV ofthe Act. "Final permit" means theversion ofapart70 permitissuedbytheDEQ thathas 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 apart70 permit that meets the requirements ofOAC 252: 100-8-6.1. "Insignificantactivities" means individual emissions units that are eitheron the list approved by the Administrator and contained in Appendix I, or whose actual calendaryearemissions do not exceed any ofthe limits in (A) and (B) of this definition. Any activity to which a State or federal applicable requirement applies is not insignificant even ifitmeets the criteriabelow or is included
on the insignificant activities list. (A) 5 tons peryear (TPY) ofanyone criteriapollutant. (B) 2 tons per year for anyone hazardous air pollutant (HAP) or 5 tons per year for an aggregateoftwo ormore HAPs, or 20 percentofanythreshold less than 10 tons peryearfor single HAP that the EPA may establish by rule. "MACT" means maximum achievable control technology. "Majorsource" means anystationarysource (oranygroup ofstationary sources thatarelocated
on one ormorecontiguous oradjacentproperties andareundercommoncontrol ofthe sameperson (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 ofdefining "major source," a stationary source or group of stationary sources shall be considered part of a single industrial grouping ifall ofthe pollutant emitting activities at such source or group ofsources on contiguous oradjacentproperties 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 ofthe Act, which is defined as: (i) Forpollutants other than radionuclides, any stationary source orgroup ofstationary

2

### sources locatedwithin acontiguous areaandundercommoncontrol thatemits orhas the potential to emit, inthe aggregate, 10 TPY ormore ofanyhazardous airpollutantwhich has beenlistedpursuantto section 112(b)oftheAct, 25 TPYormoreofanycombination of such hazardous air pollutants, or such lesser quantity as the Administrator may establishbyrule. Notwithstandingthepreceding sentence, emissions from anyoilorgas exploration orproduction well (with its associated equipment) and emissions from any pipeline compressororpump station shall notbe 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 Administratorby rule. (B) A major stationary source of air pollutants, as defined in section 302 ofthe Act, that directly emits orhas the potential to emit, 100 TPY or more ofany regulated air pollutant (exceptgross particulatematter) subjecttoregulation(including anymajorsourceoffugitive emissions ofany such pollutant, as determinedby rule by the Administrator). The fugitive emissions ofa stationary source shall notbe consideredindetermining whetherit is amajor stationary source for the purposes ofsection 302(j) ofthe Act, unless the source belongs to
one ofthe following categories ofstationary 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 ofcharging more than 250 tons ofrefuse perday; (ix) Hydrofluoric, sulfuric, or nitric acid plants; (x) Petroleumrefineries; (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 productionplants; (xx) Chemical process plants (not including ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140); (xxi) Fossil-fuelboilers (orcombinationthereof) totaling more than250 millionBritish thermal units perhourheat 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 ofmore than 250 million British thermal units perhourheat input; or (xxvii) All other stationary source categories which, as ofAugust 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) Forozone non-attainment areas, sources with the potential to emit 100TPY ormore ofvolatile organic compounds oroxides ofnitrogen 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 ormore in areas classified as "extreme"; exceptthat the references in this paragraph to 100, 50, 25, and 10 TPY ofnitrogen oxides shall not apply with respect to any source for which the Administratorhas made a finding, under section 182(f)(l) or (2) ofthe Act, that requirements under section 182(f) ofthe Act do not apply; (ii) Forozone transport regions established pursuant to section 184 ofthe Act, sources with the potential to emit 50 TPY or more ofvolatile 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 underrules issuedby the Administrator, sources with the potential to emit 50 TPY or more ofcarbon monoxide; and (iv) Forparticulate matter (PM-lO) (PM

## 101 non-attainment areas classified as "serious,"
sources with the potential to emit 70 TPY or more ofPM-Ie PM IO• 

### "Maximumcapacity" means the quantityofaircontaminantsthattheoreticallycouldbeemitted by astationarysourcewithoutcontroldevices based onthe designcapacityormaximumproduction capacity of the source and 8,760 hours of operation per year. In 

### determining the maximum theoretical emissions ofVOCs for a source, the design capacity or maximum production capacity shall include the use ofraw materials, coatings and inks with the highest VOC content used in practice by the source. "Permit" means (unless thecontextsuggests otherwise) anypermitorgroup ofpermits covering

a Part 70 source that is issued, renewed, amended, or revised pursuant to this Chapter. "Permitmodification" means arevisionto aPart70constructionoroperatingpermitthatmeets the requirements ofOAC 252:100-8-7.2(b). "Permit program costs" means all reasonable (direct and indirect) costs required to develop andadministerapermitprogram, as setforth inOAC 252: 100-5-2.2 (whethersuchcosts areincurred bythe DEQ orotherState orlocal agencies thatdo notissuepermits directly, butthat supportpermit issuance or administration). "Permit revision" means any permit modification or administrative permit amendment. "Potential to emit" means themaximumcapacityofastationarysourceto emitanyairpollutant underits physical and operational design. Anyphysical or operational limitationon the capacity of
a source to emit an airpollutant, including airpollution control equipment and restrictions onhours ofoperation or on the type or amount ofmaterial combusted, stored, orprocessed, shall be treated
as part ofits design ifthe limitation is enforceable by the Administrator. This term does not alter

or affect the use ofthis term for any otherpurposes under the Act, or the term"capacity factor" as used in Title IV ofthe Act or the regulations promulgated thereunder. "Proposedpermit" means the versionofapermitthattheDEQ proposes to issue andforwards 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 ofVOC in 40 CFR 51.100(s); (B) Any pollutantfor which a national ambient air quality standard has been promulgated; (C) 

### Anypollutantthatis subjectto any standard promulgatedunder section III ofthe Act; (D) Any Class lor IIozone-depleting substance subjectto a standardpromulgatedunder or established by Title VI ofthe Act; (E) Anypollutantsubjectto astandardpromulgatedundersection 112orotherrequirements established under section 112 of the Act (Hazardous Air Pollutants), including sections 112(g) (Modifications), (j) (EquivalentEmission Limitationby Permit, and (r) (Prevention ofAccidental Releases), including the following: (i) any pollutant subject to the requirements under section 112(j) of the Act. If 

### the Administratorfails to promulgate a standardbythe date establishedpursuant to section 112(e) oftheAct(Schedulefor Standards andReview), anypollutantfor whicha subject

source would be major shall be considered to be regulated as to that source on the date

4

### 18 months aftertheapplicabledateestablishedpursuantto section 112(e) oftheAct; and, (ii) any pollutant for which the requirements ofsection 112(g)(2) ofthe Acthave 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 ofits term. "Section 502(b)(10) changes" means changes that contravene an express permit term. Such changes do not includechanges that would violate applicablerequirements orcontravene federally enforceablepermitterms andconditionsthataremonitoring (includingtestmethods),recordkeeping, reporting, or compliance certification requirements. "Smallunit" means afossil fuel fired combustiondevicewhich serves ageneratorwith aname plate capacity of25 MWe or less. "State-onlyrequirement" means any standardorrequirementpursuantto OklahomaCleanAir 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 airpollutant or any pollutant listed under section 112(b) ofthe 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 ofChapter I of40 CFR, that requires actual control ofthe quantity ofemissions ofthatpollutant, and that such a control requirementhas taken effect and is operative to control, limit, or restrict the quantity ofemissions ofthat pollutant released from the regulated activity. Except that: (A) Greenhouse gases (GHG) shall notbe subject to regulation unless, as ofJuly 1, 2011, the GHGemissions are atastationary sourceemittingorhavingthepotentialto emit 100.000 TPY CO, equivalentemissions (CO,e) and are otherwise subjectto regulation as previously described in this definition. (B) 

### The term TPY CO, equivalent emissions (CO,e) shall represent an amount of GHG emitted, and shallbecomputedbymultiplyingthemass amountofemissions (TPY). foreach ofthe six greenhouse gases in the pollutant GHG. by the gas' associated global warming potential (GWP) publishedinTableA-I to subpartA of40 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 otherwiserenders unenforceablebytheEPA, inwholeorinpart. theEPA's tailoringrule (75 FR31514.June 3, 2010). endangermentfinding <74FR66496,December 15, 2009). orlightduty vehicle greenhouse gas emission standard <75 FR 25686. May 7, 2010). this definition shall be enforceable onlyto 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 ofTitle IV, a fossil fuel-fired combustion device.

PART 7. PREVENTION OF SIGNIFICANT DETERIORATION (PSD) REQUIREMENTS FOR ATTAINMENT AREAS

252:100-8-31. Definitions Thefollowing words and terms when used inthis Part shall have thefollowing meaning, unless thecontextclearlyindicates otherwise. All terms used inthis Partthatarenotdefined inthis Section shallhavethemeaninggiventotheminOAC252: 100-1-3, 252: 100-8-1.1, orintheOklahomaClean Air Act.

5

### "Actual 

### emissions" means the actual rate ofemissions ofa regulated NSR pollutant from an emissions unit, as determined in accordance with paragraphs (A) through (C) 

### ofthis definition, exceptthatthis definition shallnotapplyforcalculatingwhetherasignificantemissions increasehas occurred, orfor establishing aPALunderOAC 252: 100-8-38. Instead, thedefinitions of"projected actual emissions" and "baseline actual emissions" shall apply for those purposes. (A) In general, actual emissions as ofaparticulardate shall equal the average rate in TPY atwhich the unit actuallyemittedthe pollutantduring aconsecutive 24-month period which precedes the particular date and which is representative ofnormal source operation. The Director shall allow the use ofa different time period upon a determination that it is more representative ofnormal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types ofmaterials 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 ofthe unit. (C) 

### For any emissions unit that has not begun normal operations on the particular date, actual emissions shall equal the potential to emit ofthe 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 ofoperation, orboth) and the most stringent ofthe 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) 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 permitorpermit application, the mostrecent CEM data, stacktestdata, 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 anyconsecutive 24-month period selectedbythe owneroroperatorwithin the 5-year period immediatelypreceding thedatethat a complete permit application is received by the Directorfor apermitrequired under OAC 252: 100-8. The Director shall allow the use ofa different time period upon a determination that it is more representative ofnormal source operation. (i) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with start-ups, shutdowns, and malfunctions. (ii) 

### Theaveragerate shallbeadjusteddownwardto excludeanynoncompliantemissions 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 allthe emissions units affectedbytheproject. A differentconsecutive 24- month period can be used for each regulated NSR pollutant. (iv) The average rate shall notbe based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in TPY, and for adjusting this amount ifrequired by (B)(ii) ofthis definition. (C) Foranexistingemissions unit(otherthan anEUSGU), baselineactualemissions means the averagerateinTPY, atwhich theemissionsunitactuallyemittedthepollutantduring any consecutive 24-month period selected by the owner or operator within the lO-year period immediatelyprecedingeitherthedatetheowneroroperatorbegins actualconstructionofthe project, or the date a complete permit application is received by the Director for a permit required eitherunder this Part orunder aplan approved by the Administrator, whichever is

6

### earlier, exceptthatthe 10yearperiod shall not include anyperiod earlierthanNovember 15, 1990. (i) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (ii) The averagerate shallbe adjusteddownwardtoexcludeanynoncompliantemissions 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 theconsecutive24-monthperiod. However, ifan emission limitation is part ofa MACT standard that the Administrator proposed or promulgated under 40 CFR 63, thebaseline actual emissions need onlybe adjusted ifDEQ has takencreditfor suchemissionsreductioninan attainmentdemonstrationormaintenanceplanconsistent with requirements of40 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 ifrequired by (C)(ii) and (iii) ofthis definition. (D) Foranew emissions unit, thebaseline actual emissions forpurposes ofdetermining the emissions increase that will result from the initial construction and operation of such unit shall equal zero; andthereafter, for all otherpurposes, shall equal the unit's potentialto emit. (E) For a PAL for a stationary source, thebaseline actual emissions shall be calculated for existing EUSGU in accordance with the procedures contained in paragraph (B) of this definition, for otherexistingemissions units in accordancewith theprocedures contained in Paragraph (C) 

### of this definition, and for a new emissions unit in accordance with the procedures contained in paragraph (D) ofthis definition. "Baseline area" means any intrastate areas (and everypartthereof) designated as attainmentor unclassifiable under section 107(d)(i)(D) (jJ 

### (E) 107(d)(l)(A)(ii) or (iii) of the Act in which the major source ormajor modification establishing the minor sourcebaseline 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 orgreaterthan I**~glmj** 

### (annual average) ofthepollutantfol which

### the minot


### someebaselinedateisestablished. forS07' 

### N02 .

### orPMlQ: orequalorgreaterthan0.3 

### uglm3

### (annual average) for PM,

.., (A) Arearedesignations undersection 107(d)(l)(D) 01 

### (E) 107(d)(l)(A)(ii) or(iii) oftheAct cannotintersectorbe smallerthanthe areaofimpactofany majorstationary sourceormajor modification which: (i) establishes a minor source baseline date; or (ii) is subjectto 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 applyforpurposes ofdeterminingthe amountofavailablePM-iS PM IO

### increments, except that such baseline area shall not remain in effect if the Director rescinds the correspondingminorsourcebaselinedate inaccordancewithparagraph (D) ofthe definition of "baseline date". "Baselineconcentration" meansthatambientconcentrationlevelthatexists inthebaselinearea at the time ofthe 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) ofthis definition.

.

7

### (ii) the allowable emissions ofmajor stationary sources that commenced construction before the major sourcebaselinedate, but were not in operationbythe 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) actualemissionsfrom anymajorstationary sourceonwhichconstructioncommenced after the major source baseline date; and, (ii) actual emissions increases and decreases at any stationary sourceoccurring afterthe 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 ofnitrogen dioxide, February 8, 19887; and (iii) in the case ofPM2.5' 

### October 20,2010. (B) Minor source baseline date means the earliest date after the trigger date on which a major stationary source ormajormodification (subjectto 40 CFR 52.21 or OAC 252: 100-8, Part 7) submits a complete application. The trigger date is: (i) 

### in the case ofparticulatc mattcr PMIO 

### and sulfur dioxide, August 7,**1977;-and~** 

### (ii) in the case ofnitrogen dioxide, February 8, 19887; and (iii) in the case ofPM2.5, 

### 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 areain which the proposed source ormodification would construct is designated
as attainment orunclassifiableunder section 107(d)(i)(D) 

### or (E) 107Cd)(l)(A)(ii) or (iii) ofthe Act for the pollutant on the date ofits complete application under40 CFR 52.21
or under OAC 252: 100-8, Part 7; and (ii) inthecaseofamajor stationary source, thepollutantwouldbe 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 applyfor purposes ofdetermining the amountofavailable PM-1O PMIO 

### increments, except thatthe Director mayrescind any such minor source baseline date where it 

### can be shown, to the satisfaction ofthe 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 

### PM IO 

### emiSSIOns. "Begin actual construction" means in general, initiation of physical on-site construction activities on an emissions unit which are ofapermanent nature. (A) Such activities include, but are not limited to, installation ofbuilding 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 ofthe change. "Bestavailable control technology" or "BACT" means an emissions limitation (including a visible emissions standard) based on the maximum degree ofreduction for each regulated NSR pollutantwhichwouldbeemittedfrom anyproposedmajor stationary source ormajormodification which the Director, on a case-by-case basis, taking into account energy, environmental, and economic impacts andothercosts, determines is achievablefor such sourceormodificationthrough application ofproduction processes or available methods, systems, and techniques, including fuel cleaningortreatment orinnovative fuel combinationtechniques for control ofsuchpollutant. 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, adesign, equipment, workpractice, operational standardorcombinationthereof, maybe prescribed instead to satisfy the requirement for the application ofBACT. Such standard shall, to thedegree possible, setforth the emissions reduction achievableby 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 inairemissions ofsulfurdioxideoroxides ofnitrogenassociatedwith the utilizationofcoal inthe generation ofelectricity, orprocess steamwhich was notin widespread
use as ofNovember 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 ofclean coal technology, or similarprojects funded through appropriations for the EPA. The Federal contribution for a qualifying project shall be at least 20% ofthe total cost ofthe demonstration project. "Commence" means, as applied to construction of a major stationary source or major modification, thatthe owneroroperatorhas all necessarypreconstruction approvals orpermits and either has: (A) begun, or caused to begin, a continuous program ofactual on-site construction ofthe source, to be completed within a reasonable time; or, (B) entered into binding agreements or contractual obligations, which cannotbe cancelled
or modified without substantial loss to the owner or operator, to undertake a program of actual construction ofthe source to be completed within areasonable time. "Construction" means any physical change or change in the method ofoperation (including fabrication, erection, installation, demolition, ormodificationofanemissionsunit) thatwouldresult in a change in emissions. "Continuousemissionsmonitoringsystem" or "CEMS" means all oftheequipmentthatmay be required to meet the data acquisition and availability requirements to sample, condition (if applicable), analyze, and provide arecord ofemissions on a continuous basis. "Continuous emissions rate monitoring system" or "CERMS" means the total equipment required forthe determination and recording ofthe pollutantmass emissions rate (in terms ofmass per unit oftime). "Continuous parameter monitoring system" or "CPMS" means all of the equipment necessaryto meetthe data acquisition and availabilityrequirements to monitorprocess and control deviceoperationalparameters (forexample, controldevice secondaryvoltages andelectriccurrents) andotherinformation(forexample, gas flow rate, 

### 0" orCO, concentrations), andto 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 ofsupplying more than one-third ofits potential electric output capacity and more than 25 MW electrical outputto any utilitypower distribution systemfor sale. Any steam supplied to a steam distribution system for the purpose ofproviding 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 partofa stationary source that emits or would have the potential to emit any regulated NSR pollutant and includes an EUSGU. There are two types ofemissions units as described in paragraphs (A) and (B) ofthis 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) Anexisting emissions unit is anyemissions unitthat does not meetthe requirements in paragraph (A) ofthis definition. A replacement unit is an existing emissions unit. "Federal LandManager" means with respect to any lands in the United States, the Secretary ofthe department with authority over such lands. "High terrain" means any areahaving anelevation900feetormore abovethebaseofthe stack ofa source.

9

### "Innovative control technology" means any system ofairpollution control that has not been adequately demonstrated in practice, but would have a substantial likelihood ofachieving greater continuous emissions reduction than any control system in current practice orofachieving at least comparablereductions atlowercostinterms ofenergy, economics, ornon-air qualityenvironmental 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 resultina significantemissions increase ofaregulatedNSRpollutant and
a significant net emissions increase ofthat pollutant from the major stationary source is a major modification. (i) Anysignificantemissions increasefromanyemissionsunits ornetemissions 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 ofoperation shall not include: (I) routine maintenance, repair and replacement; (II) use ofan alternative fuel orraw material by reason ofany orderunder sections 2(a) and (b) ofthe Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) orby reason ofa natural gas curtailment plan pursuant to the Federal PowerAct; (III) use ofan alternative fuel by reason ofan order or rule under section 125 ofthe Act; (IV) use ofan alternative fuel at a steamgenerating unit to the extent that the fuel is generated from municipal solid waste; (V) useofan alternativefuel orraw material by astationary sourcewhichthe source was capable ofaccommodating 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 under40 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 wouldbeprohibitedunder anyfederally enforceable permitcondition which
was established after January 6, 1975; (VII) any change in source ownership; (VIII) the installation, operation, cessation, or removal ofa temporary clean coal technologydemonstrationproject, providedtheprojectcomplies withOAC 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 demonstrationprojectthatconstitutes repowering, providedthattheprojectdoes not resultinanincrease inthepotentialto emitofanyregulatedpollutant (on apollutantby-pollutantbasis) emittedby the unit; or (X) the reactivation ofa very clean coal-fired EUSGU. (B) This definition shallnotapply withrespectto aparticularregulatedNSRpollutantwhen themajorstationarysource is complyingwiththerequirements underOAC 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 ofaregulated NSR pollutant: (1) 

### carbonblack plants (furnace process), (II) charcoal production plants, (III) chemicalprocessplants, (notincludingethanolproductionfacilities thatproduce 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-fuelboilers (orcombinationthereof) totaling morethan 250 millionBTU per hourheat input, (VII) fossil fuel-fired steam electric plants ofmore than 250 million BTU perhour 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 ofcharging more than--se 250 tons ofrefuse 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 cementplants, (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) ofthis definition which emits, or has the potential to emit, 250 TPY or more ofa regulated NSR pollutant; (iii) anyphysical changethatwouldoccurata stationary sourcenototherwise qualifying
as a major stationary source underthis definition ifthe changewould constitute amajor stationary source by itself. (B) A major source that is majorfor VOC orNOx shall be considered majorfor ozone. (C) The fugitive emissions ofa stationary source shall not be included in detennining for any ofthe purposes ofthis 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 other stationary sourcecategory which, as ofAugust7, 1980, is being regulated under section 111 

### or 112 ofthe Act. "Necessarypreconstruction approvalsorpermits" 

### means thosepennits orapprovals required under all applicable air quality control laws and rules. "Netemissions increase" 

### means: (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 particularphysical change orchange in the method ofoperation at a stationary source as calculatedpursuantto OAC 252: lOO-8-30(b); and, (ii) any otherincreases and decreases in actual emissions atthe 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) ofthis definition shall be detennined as provided in the definition of "baseline actual emissions", except that (B)(iii) and (C)(iv) ofthat 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 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) theDirectorhas notreliedon itin issuing apermitforthe sourceunderOAC 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) 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 ofactual emissions. (ii) Itis creditable ifitis enforceableas apractical matterat and afterthe time thatactual construction on the particular change begins. (iii) It is creditable ifit 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 aphysical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacementunit thatrequires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days. (H) Paragraph (A) ofthe 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 oroperational limitation on the capacity of the source to emit apollutant, including airpollution control equipment and restrictions onhours of operation or on the type or amount ofmaterial combusted, stored or processed, shall be treated as partofits design ifthe limitation ortheeffectitwouldhave onemissions is enforceable. Secondary emissions do not count in determining the potential to emit ofa stationary source. "Predictiveemissions monitoring system" or "PEMS" means all ofthe equipmentnecessary to monitorprocess andcontroldeviceoperationalparameters (forexample, 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 preconstructionpermitprogramthathas been 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 under such aprogram is a major NSR permit. "Project" means aphysical change in, or change in method ofoperation 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 ofthe 5 years (l2-month period) following the date the unit resumes regular operation after the project, or in anyone ofthe 10 years following that date, ifthe project involves increasing the emissions unit's designcapacityorits potential to emitthatregulatedNSRpollutant, and full utilizationoftheunitwouldresultinasignificantemissions increase, orasignificantnet emissions increase at the major stationary source. (B) In 

### determining the projected actual emissions under paragraph (A) ofthis definition (beforebeginning actual construction), theowneroroperatorofthemajor 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 andthecompany's highestprojections ofbusiness activity, thecompany's filings withtheStateorFederalregulatory authorities, andcomplianceplans 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 couldhave accommodatedduring the consecutive 24-monthperiodusedto 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 ofusing the method setout in (B)(i) through (iii) ofthis definition, may elect to use the emissions unit's potential to emit, in TPY. "Reactivation ofa 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 acoal-firedutilityunit after aperiod ofdiscontinued operation wherethe unit (A) has notbeen in operationfor thetwo-yearperiodpriorto theenactmentoftheCleanAir Act Amendments of 1990, and the emissions from such unit continue to be carried in the Department's emissions inventory at the time ofenactment; (B) was equipped prior to shutdown with a continuous system ofemissions control that achieves aremoval efficiencyfor sulfurdioxideofno less than 85% andaremoval efficiency for particulates ofno less than 98%; (C) is equipped with 10w-NOx burners prior to the time ofcommencement ofoperations following reactivation; and (D) is otherwise in compliance with the requirements ofthe Act. "Regulated NSR pollutant" means (A) A regulated NSR pollutant is; (i) anypollutantfor which aNAAQS has beenpromulgated and anypollutantidentified 

### under(A)(ilofthisdefinitionas a**constitaent~** 

### 01 plcems(')IsfOI 

### sud}pollutwlLS 

### identified by 

### the Administtatol (c.g., 'IDe 

### and**~(O*** Me f'feettfS8fS fef**8~8fJ:e~;** 

### constituent or 

### precursorto such pollutant. Precursors identified by the Administratorfor 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) 

### sulfurdioxide 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 orEPA demonstrates that emissions ofnitrogen 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 orEPA demonstrates that emissions ofvolatile organic compounds from sources in a specific area are a significantcontributorto that area's ambient PM,., 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 standardpromulgated under or established by title VI ofthe Act; or (iv) any pollutantthat otherwise is :':subject to regulation:,: under the Act: as defined in the definition of "subject to regulation" in OAC 252;100-8-31; (v) PMemissions. PM" emissions. andPMIQemissions shallinclude gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. Suchcondensableparticulatemattershallbeaccountedforinapplicability

13

### determinations and inestablishingemissions limitations forPM, PM,5, andPMJO inPSD permits, (B) Regulated NSR pollutant does not include: (i) any or all HAP eitherlisted in section 112 ofthe Act or added to the list pursuant to section 112(b)(2) ofthe Act, whichhave notbeen delistedpursuant 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 ofthe Act; or (ii) any pollutant that is regulated under section 112(r) ofthe Act, provided that such pollutant is not otherwise regulated under the Act. "Replacementunit" means anemissions unit for which all the criterialisted inparagraphs (A) through (D) ofthis definition are met. No creditable emission reduction shall be generated from shuttingdown the existing emissions unit that is replaced, (A) The emissions unit is a reconstructed unit within the meaning of40 CFR 60,15(b)(I),

or the emissions unit completely takes the place ofan 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) ofthe process unit. (D) The replaced emissions unitis 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 ofan existing coal-firedboilerwith one ofthe following clean coal technologies: atmospheric or pressurized fluidized bed combustion, integrated gasificationcombinedcycle, magnetohydrodynamics,directandindirectcoal-fired turbines, integrated gasification fuel cells, or as determined by the Administrator, in consultationwith the SecretaryofEnergy, aderivativeofoneormore ofthesetechnologies, and any other technology capable of controlling multiple combustion emissions simultaneouslywith improvedboileror generation efficiency and with significantly greater wastereduction relative to the performanceoftechnology in widespread commercial use as ofNovember 15, 1990, (B) Repowering shall also include any oil and/or gas-fired unit which has been awarded clean coal technology demonstration funding as ofJanuary I, 1991, by the Department of Energy, (C) 

### The Director shall give expedited consideration to permit applications for any source thatsatisfies therequirements ofthis definitionandis grantedanextensionundersection409 ofthe Act. "Significant" means: (A) In 

### reference to a net emissions increase or the potential ofa source to 

### emit any ofthe following pollutants, significlInlmclIIls 

### a rate ofemissions that would equal or exceed any ofthe following significant emission rates: (i) carbon monoxide: 100TPY, (ii) nitrogen oxides: 40 TPY, (iii) sulfur dioxide: 40 TPY,**(iv)p~rticulate** 

### matter: 25 TPYofparticulatematteremissions or 15 TPYofPM 10PMJO emISSIOns, (v) PM,,,: 10TPY ofdirect PM,,, emissions: 40 TPY ofsulfurdioxide emissions; or40 TPY ofnitrogen oxide emissions unless demonstrated nottobe aPM,,5 precursorunder the definition of "regulated NSR pollutant", M(vi) ozone: 40 TPY ofVOC 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 H2

### S): 10 TPY, fri}(xii) reduced sulfur compounds (including H2

### S): 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 wastecombustormetals (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) 

### ofthis definition, 

### "significttlltll rneans any Any emissions 

### rate or any netemissions increase associated with amajor stationary source ormajormodification which would construct within 6 miles ofa Class I area, and have an impact on such area equal to or greater than 1 fl

### glm3 

### (24-hour average). "Significant emissions increase" means, for a regulated NSR pollutant, an increase in emissions that is significant for that pollutant. "Significantnetemissionsincrease" means asignificantemissions increase andanetincrease. "Stationary source" means anybuilding, structure, facility orinstallation which emits ormay emit aregulated 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 ofChapter I of40 CPR, thatrequires actual control ofthe quantity ofemissions ofthatpollutant. and that such a control requirementhas taken effect and is operative to control. limit. or restrict the quantity ofemissions ofthat 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 ofemissions (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 of40 CPR Part 98

- Global Warming Potentials. (ii) 

### Summing the resultant value from (B)(i) ofthis definition for each gas to compute**aTPYCn,~** 

### (C) 

### Thetermemissions increase as used in CD) through (E) 

### ofthis definition shallmean that both asignificantemissions increase (as calculatedusingtheprocedures inOAC 252: 100-8- 30(b)(\) through (5)) and a significantnet 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 bebased on TPY C02

### e, and shall be calculated assuming the pollutant GHG is aregulated NSR pollutant. and "significant" is defined as 75,000 TPY C02

### e 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 otherrequirements ofthis definition and if: (i) 

### The stationary source is anew major stationary source for aregulated NSRpollutant that is not GHG, and also will emit orwill have the potential to emit75,000 TPY CO:&
ormore; or (ii) The stationary source is an existing major stationary source for a regulated NSR pollutantthat is not GHG, and also will have an emissions increase ofaregulated NSR pollutant. and an emissions increase of75.000 TPY C02

### e ormore. (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 anew stationary source that will emit orhave the potential to emit 100,000 TPY C02e; 

### or



### 15(ij) 

### At an existing stationary source that emits orhas the potential to emit 100.000 TPY CO,e. when suchstationarysourceundertakes aphysicalchangeorchangeinthemethod ofoperation that will result in an emissions increase of75.000 TPY CO,e or more. (F) Iffederal legislation or a federal court stays. invalidates. delays the effective date. or otherwiserenders unenforceablebytheEPA. inwholeor in 

### part. theEPA's tailoringrule 

### 05 FR31514. June3. 2010). endangermentfinding

### 04FR66496. 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 of5 years or less, and which complies with the OklahomaAir Pollution Control Rules in OAC 252: 100 and otherrequirements 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 ofOAC 252:100-8-34 through 252:100-8-36.2. (I) 

### Therequirements ofOAC 252: 100-8-34through 252:100-8-36.2do notapplyto aparticular major stationary source ormajormodification ifthe source ormodification is: (A) a nonprofithealth or nonprofit educational institution; or (B) major only iffugitive emissions, to the extent quantifiable, are included in calculating the potential to emit and such source is not one ofthe 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 ifthe owner or operator demonstrates that the source or modification is located in an area designated as nonattainment for that pollutant under section 107 ofthe Act. (b) Exemption from airquality impactanalyses 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, ifthe allowable emissions of that pollutant from a new source, orthe net emissions increase ofthatpollutantfrom amodification, wouldbe 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 theyrelate to any PSD incrementfor aClass IIareado notapplyto amodificationofamajorstationary source that
was in existence on March 1,1978, ifthe net increase in allowable emissions ofeach regulated NSRpollutantfromthemodificationafterthe applicationofBACT, wouldbe less than50TPY. (c) Exemption from air quality analysis requirements in OAC 252:100-8-35(c). (1) Themonitoringrequirements ofOAC 252: 100-8-35(c) regarding air quality analysis arenot applicable for a particular pollutant ifthe emission increase ofthe pollutant from a proposed majorstationary sourceorthe netemissions increase ofthepollutantfrom amajormodification 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 Sulfurdioxide -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 ofambient air quality data, fA(G) 

### Lead

- 0.lllglm3, 

### 24-hour 3-month average,

16f61(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 ofOAC 252: 100-8-35(c) are not applicable for a particular pollutant ifthe 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) 

### Therequirements forairqualitymonitoringinOAC 252: I00-8-35(c)(l)(B) and (D) shallnot applyto aparticularsourceormodificationthatwas subjectto40CFR 52.21 as ineffectonJune 19, 1978, if a permit application was submitted on or before June 8, 1981, and the Director subsequentlydeterminedthatthe applicationwas complete exceptforthe requirements inOAC 252:100-8-35(c)(l)(B) and (D). Instead, the requirements in40CFR 52.21(m)(2) as ineffect on June 19, 1978, shall apply to any such source or modification. (2) Therequirements forairqualitymonitoringinOAC 252: 100-8-35(c)(l)(B) and (D) shallnot apply to a particular source or modification that was not subjectto 40 CFR 52.21 as in effect on June 19, 1978, ifapermit applicationwas submitted on orbeforeJune 8, 1981, and theDirector 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 ifthe requirements for air quality monitoring ofPM-18 PM IO 

### in OAC 252:100-8-35(c)(l)(A), (B), and (D) may be waived for a particular source or modificationwhen an applicationfor aPSD permitwas submitted onorbeforeJune 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 PM IO 

### in OAC 252: 100-8- 35(c)(l)(B)(i), 252:100-8-35(c)(l)(D), and252:100-8-35(c)(3) shall appfyto aparticularsource or modification ifan applicationfor apermit was submitted afterJune I, 1988, and no laterthan 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 canbe accomplished withmonitoring dataovera shorterperiod (notto beless than 4 months), the data required by OAC 252:100-8-35(c)(l)(B)(ii) shall have been gathered

overthat shorterperiod. (f) 

### Exemption from BACT requirements and air quality analyses requirements. 

### Ifacomplete permit application for a source or modification was submitted before August 7, 1980 the requirements for BACT in OAC 252: 100-8-34 and therequirements for airquality analyses in OAC 252:100-8-35(c)(l) are not applicable to a particular stationary source or modification that was subjectto 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 ofSAC 2:52:.188 8-35(a)(2:) OAC 252: 100-8-35(a)(1)(8) do not applyto a stationary

source or modification with respect to any PSD increment for nitrogen oxides if the owner or operatorofthe sourceormodification submittedacompleteapplicationforapermitbefore 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 

### theproposedSOUle,01 IlwdificatioIl

### shalldCIllOIlstratc

### that, asoCtilesurnee's statt-update, allowable eUlissions inClcase £10111 that 

### SotllCe m: 

### rllodifieation, in eonjtmeti('Jll with all other 

### applicable Ciltissions increases 01 reductions (includiItg sccondmj CInissioIlS) wouldnotcause 01 contribute to any increase in antbicnt eOllcenttations 

### that would exceed. (I) 

### Required demonstration. The owner or operator ofthe proposed source or modification

17

### shall demonstrate that, as ofthe source's start-up date, allowable emissions increases from that
sourceormodification, inconjunctionwith all otherapplicableemissions increases orreductions (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 theremaining availablePSD incrementforthe specified aircontaminants inany area as determined by the Director. (2) Significant impact levels CSILs). For purposes ofPM2 " 

### the demonstration required in OAC 252: 100-8-35Ca)(l) is deemed to have been made ifthe 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-houraveraging time are 0.07 uglm3 

### for aClass IArea, 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, databases, and otherrequirements specified in appendix W of40 CFR 51 (Guideline on Air Quality Models) as it existed on January 2,2006. (2) Where an airqualitymodel specifiedinappendix W of40CFR 51 (Guidelineon AirQuality Models) as itexistedonJanuary2, 2006, is inappropriate, themodel maybemodified or another model substituted, as approved by the Administrator. Such a modification or substitution ofa model maybe made on a case-by-casebasis or, where appropriate, on agenericbasis. 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 theDirectordetermines appropriate, an analysis ofambient air quality inthe area thatthemajorstationary source ormajormodification wouldaffectfor eachofthefollowing pollutants: (i) for a new source, eachregulated pollutantthat itwouldhave 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, otherthan 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 ofthe 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 owneroroperatorofthe source or modification shall use amonitoring method approved bytheDirectorand shall estimate the ambientconcentrations ofPM-lOPM 10

### usingthedatacollectedbysuchapprovedmonitoring method in accordance with estimating procedures approved by the Director. (D) Monitoring period. 

### In general, the required continuous airmonitoring data shall have been gathered over a period of up to one year and shall represent the year preceding submission ofthe application. Ambientmonitoring datagathered over aperiod shorterthan
oneyear(butnoless thanfourmonths) orforatime periodotherthanimmediatelypreceding



### 18

### the application may be acceptable ifsuch data are determined by the Director to be within thetimeperiodthatmaximumpollutantconcentrations wouldoccur, andtobecompleteand 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 monitoringrequirements ofOAC 252: 100-8-35(c)(l)(B)(ii) and252: 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 overthe periodfromFebruary 9, 1981, to the date the application became otherwise complete, except that: (1) If

### the source ormodification would have been major for thatpollutant under40 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 shorterperiod. (III) If the monitoring data would relate exclusively to ozone and would not have been required under40 CFR 52.21 as in effect on June 19, 1978, the Director may waivetheotherwiseapplicablerequirements ofOAC 252: 100-8-35(c)(1 )(E)(i) tothe extent that the applicant shows that the monitoring data would be unrepresentative ofair quality over afull year. (ii) 

### Monitoring period exception for 

### PM-Ie PMlO' For any application thatbecame complete, exceptfortherequirements ofOAC 252: 100-8-35(c)(1)(B)(ii)and252: 100-8- 35(c)(1)(D) pertaining to monitoring ofPM-lO PMIO, 

### after December I, 1988, and no laterthanAugustI, 1989,thedatathat252: 100-8-35(c)(1)(B)(ii)requires shallhavebeen gatheredoveratleasttheperiodfrom AugustI, 1988, to thedatethe applicationbecomes otherwise complete, exceptthatiftheDirectordetermines that acomplete and adequate analysis can be accomplished with monitoring data over a shorterperiod (not less than 4months), thedatathat252: 100-8-35(c)(1 )(B)(ii) requires shallhavebeengatheredover that shorterperiod. (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 and40CFR 51, AppendixS, SectionIV as itexistedonJanuary 16,1979, may provide post-approval monitoring data for ozone in lieu ofproviding preconstruction data
as required under OAC 252: 100-8-35(c)(1). (2) Post-construction monitoring. The owneroroperatorofa 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. Theoperation ofmonitoring stations for any air quality monitoring required underthis Part shall meet the requirements of40 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 ofTitle 40 ofthe Code of Federal Regulations (40 CFR) is incorporatedby reference, all citations contained therein are also incorporated by reference. (b) Terminology related to40 CFR. When these terms are used inrules incorporatedbyreference

19

### from 40 CFR, the following terms or definitions shall apply. (I) "Baselineactualemissions" is synonymous withthedefinitionof"baselineactualemissions" in OAC 252: 100-8-31. (2) "Building, structure, facility, orinstallation" is synonymous withthe definitionof"building, structure, facility, or installation" in OAC 252:100-1-3. (3) "EPA" is synonymous withDepartmentofEnvironmental 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) "RegulatedNSR pollutant" is synonymous with the definitionof"regulatedNSR 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 Thedefinitions in40CFR51.165(a)(I) areherebyincorporatedbyreference as theyexiston-fuly 2,2007 July 1. 2010, exceptfor thedefinitions found at40CFR 51.165(a)(1)(xxxv) "baselineactual emissions"; (ii) "building, structure, facility, or installation"; (xlv) "fixed capital cost"; (xliv) "functionallyequivalentcomponent"; (v) "majormodification"; (vi) "netemissions increase"; (xliii) "processunit"; (xxxvii) "regulatedNSRpollutant": (xxxviii) "reviewingauthority"; (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 ofoperation of, a major stationary

source thatwouldresult in a significantemissions increase ofaregulated NSR pollutant and
a significant net emissions increase ofthat pollutant from the major stationary source is a major modification. (i) Any significantemissions increasefrom any emissions unitornetemissions increase at a major stationary source that is significantfor VOC and/or oxides ofnitrogen (NOx ) shall be considered significant for ozone. (ii) A physical change or change in the method ofoperation shall not include: (1) routine maintenance, repair and replacement; (II) use ofan alternative fuel orraw material by reason ofany orderunder sections 2(a) and (b) ofthe Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) orby reason ofa natural gas curtailment plan pursuant to the Federal Power Act; (Ill) use ofan alternative fuel by reason ofan order orrule under section 125 ofthe Act; (IV) use ofan alternative fuel at a steam generating unit to the extentthat the fuel is generated from municipal solid waste; (V) use of an alternative fuel or raw material by a source which the source was capableofaccommodatingbeforeDecember21,1976, unless such change wouldbe 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 under40 CFR 52.21 or OAC 252: 100-7 or 8;



### 20

### (VI) anincrease inthehours ofoperationorintheproductionrateunless suchchange would be prohibited under any federally enforceable permit condition which was established afterDecember 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 andotherrequirements necessaryto attainandmaintaintheNAAQS during the project and after it is terminated. (B) This definition shallnotapplywithrespectto aparticularregulatedNSRpollutantwhen themajorstationarysourceis complyingwiththerequirements underOAC 252: 100-8-56for
a PAL for that pollutant. Instead the definition at40 CFR 51.165(f)(2)(viii) shall apply. (C)Forthepurposeofapplyingtherequirements ofOAC 252: 100-8-54.1(a) tomodifications at major stationary sources of NOx located in ozone nonattainment areas or in ozone transportregions (as defined in42 U.S.C. § 

### 7511c), whether ornot subjectto subpart 2, part D, title 1ofthe Act, any significantnet emissions increase ofNOx 

### 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, ifthe major stationary source is located in an extreme ozone nonattainment area that is subject to subpart 2, part D, title I ofthe Act. "Net emissions increase" means: (A) With respect to any regulated NSR pollutantemitted by a major stationary source, net emissions increase shall mean the amount by which the sum ofthe following exceeds zero: (i) the increase in emissions from a particularphysical change orchange in the method ofoperation at a stationary source as calculatedpursuantto OAC 252: 100-8-50(b); and, (ii) 

### any otherincreases and decreases in actual emissions atthe 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) ofthis definition shall be determined as provided in the definition of "baseline actual emissions", except that (B)(iii) and (C)(iv) ofthat definition shall not apply. (B) An 

### increase ordecrease in actual emissions is contemporaneous with the increase from the particular change only ifit occurs within 3 years before the date that the increase from the particularchange 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, whichpermitis ineffectwhentheincreaseinactualemissionsfromtheparticularchange

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 ofactual emissions orthe old level ofallowable emissions, whichever is lower, exceeds the new level ofactual emissions; (ii) itis enforceable as apractical matterat and afterthe time thatactual construction on the particular change begins; (iii) the Directorhas notrelied on it in issuing any permit under OAC 252: 100; and, (iv) ithas approximatelythe same qualitative significance forpublichealth and welfare
as that attributed to the increase from the particular change. (F) Anincreasethatresults from aphysicalchangeatasourceoccurs whentheemissionunit
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) ofthe definition of"actual emissions" shall not apply for determining creditable increases and decreases or after a change. "Regulated NSR pollutant" for purposes ofthis Part. means any or all ofthe 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 orprecursor ofa general pollutant listed under paragraph (A) or (B) 

### of this definition. provided that such constituent orprecursorpollutantmay only be regulated under NSR as part ofregulation of the generalpollutant. Precursors identifiedbytheAdministratorforpurposes ofNSRarethe following: (i) Volatileorganic compounds andnitrogenoxides areprecursors to ozonein 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 ofnitrogen 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 andPM IO 

### innonattainmentmajorNSR permits.

252:100-8-51.1. Emissions reductions and offsets (a) Therequirements in40 CPR 51.165(a)(3) regarding emissions reductions andoffsets arehereby 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 

### Ilonattaiu1liCiltalcas thatarc sttbjcct to 

### subpart2, parLD, titleIofthe

### Act shallbe inaccordance 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 byreference 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 ofVOC 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 significantlevels listed inOAC 252: 100-8-52(a) are exemptedfromthecondition ofOAC 252: 100- 8-54(4)(A). (d) The determinationwhethera source or modification will cause or contributeto aviolation ofan applicableambientairqualitystandardfor sulfurdioxide,particulatematterorcarbonmonoxidewill be made on a case-by-case basis as ofthe proposed new source's start-up date by an atmospheric simulation model. For sources ofnitrogenoxides the model canbeused 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 ifadequate data are available to account for the expected oxidation rate. (e) The determination as to whether a source would cause orcontribute to a violation ofapplicable ambient air quality standards will be made on a case-by-case basis as ofthe new source's start-up date. Therefore, ifa designated nonattainment area is projected to be attainment as part ofthe state implementationplan control strategyby the new source start-up date, offsets would notbe required ifthe new source would not cause a new violation.

23

# ________Notices 

# ofRulemaking Intent

Priorto adoption and gubematorialJlegislative review ofa proposed PERMANENT rulemaking.action, an agency ro.u..a1 pUblish
aNoticeof Rulemaking Intentin the Register. In addition, an agency**~publish** a Notice ofRulemaking Intent in the Registerpriorto adoption ofa proposed EMERGENC)' or PREEMPTIVE rulemaking action. A Notice of Rulemaking Intent announces a comment period, or a comment period and pUblic hearing, and**provi~es** other information aboutthe intended rulemaklng action as required by law, includingwhere copies ofproposed rules may be obtained. ForedditionelinformeUon on Notices ofRu/emaking Intent, see 75 O.S., Section 303.



### TITLE 252. DEPARTMENT OF ENVIRONMENTALQUALITY CHAPTER 100. AIRPOLLUTION CONTROL
[OAR Docket#IO-1316]

RULEMAKING ACTION: Notice ofproposed PERMANENTrulemaking PROPOSED RULES: Subchapter I. GeneralProvisions 252:100-1-3. Definitions [AMENDED] 252:100-1-4. Units, abbreviations and acronyms [AMENDED] Subchapter2. IncorporationBy 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] Subchapter3. Air Quality Standards and Increments 252: I00-3-4. Significant deterioration increments [AMENDED] Subchapter5. Registration, EmissionInventoryBndAnnual OperatingFees 252: 100-5-2.3. Annual operating tees fur toxics emissions [NEW] Subchapter7. Pennits forMinor Facilities Part 1. GeneralProvisions 252:100-7-2.1. Minor permits for greenhouse gas (GHG) emitting facilities [NEW] Part2. PermitApplicationFees 252: I00-7-3. Permitapplication fees [AMENDED] Subchapter8. Permits forPart70 Sources Part3. PermitApplicationFees 252: 100-8-J.7. Permitapplication fees [AMENDED] Part5. PermitsforPart70 Sources 252: 100-8-2. Definitions [AMENDED] Part 7. Prevention of Significant Deterioration (PSD) Requirementsfor AttainmentAreas 252:100-8-31. Definitions [AMENDED] 252: I00-8-33. Exemptions [AMENDED] 252:100-8-35. Airquality impactevaluation [AMENDED] Part9. MajorSourcesAffecting NonattainmentAreas 252:100-8-50.1. Incorporationby 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] AppendixQ. IncorporationBy 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 ofsix 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 EPAand theU.S. DepartmentofTransportationjoint light-duty vehicle GHG emission standards become effective. If GHG emission sources are required to obtain Prevention ofSignificant 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 thathave notpreviously 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, 20I0 (75 FR 31514). EPA's rule defines the tenn "subjectto 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 peryearC02e for PSD. Although the Department accepts EPA'smechanism for implementingthe 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 ofthe Air Pollution Control Rules clarifies the change in pollutants subjectto 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 permittingprogram for minorfacilities. 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 ofSubchaptergto implementtheNew SourceReview program (PSD and NonattainmentNSR) 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 FederalRegister(73 FR28321), 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 October20,2010 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, interpollutanttrading foroffsets, 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 of llma jor stational)' source" in OAC 252:100·8·31. The current definition relating to municipal incinerators is

more stringentthan the federal definition setforth 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 AirPollutants (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 airpollution control programs. The Department is proposingto amend Appendix AofOAC 252: I00·17. Incinerators, to correct inaccuracies in Appendix A. The Departmentproposes changing AppendixEto maintain consistency with the NAAQS. Specifically, the nitrogen dioxide (NO,) and sulfur dioxide (SO,) primary standards would be modified to reflect recentchanges made by theEPA. 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 OklahomaClean AirAct, 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, staffwill post written responses on the Department's web page atleastone (I) day priorto the Council meeting. Oral comments may be made atthe January 19,2011 hearing and at the February 25, 2011 Environmental Quality Boardmeeting. 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, OklahomaCity, Oklahoma. Before the Environmental Quality Board at 9:30 a.m. on Friday, February 25, 2011, at the DEQ headquarters, 707 N. Robinson, OklahomaCity, Oklahoma. These hearings shall also serve as public hearings to receive comments on the proposed revisions to the State

OklahomaRegister(Volume 18. Number 7) 228 December15,2010

### Notices ofRulemakin Intent

[OARDocket#JO-1316;j11ed11-22-10)

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. Referenceto 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

oragencies 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 builtb fore 1978. This e revision is essential to the Department' efforts to obtainEPA: authorization toJidminister the Lead-B ed PaintRenovation 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 consistentwith the Department's current les. In addition, the proposal includes amending OAC 252:1 l' 5. Incorporation by Reference. to be consistentwiththe nef su 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 atthe hearing on January 19,201

. For
comments receiv d at least five (5) business days pr r to the Council m ing, staffwill post written responses 0 the Departmenrs eb page at leastone (l) day priorto the Cou cil meeting. Or comments may bemade atthe January 19,2 11



### 229 

### I 

### TITLE 252. DEP TMENT OF :ALQUALITY AD"BASED PAINT 

### EMENT

RULEMAKING A:. ION: Noticeofpropos dPERMANENTrulemaking 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 untlerthe requirements of40 CFRPart 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 ofdirect costs such as fees, and the indirect costs such as reporting, record keeping, equipment, construction, labor, professional services, revenue loss, orothercosts expectedto be incurred byaparticularentity due to compliance with the proposed rules. COPIES OFPROPOSED RULES: The proposed rules are available for review 30 days priorto 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 contactpenon listedbelow. RULE IMPACT STATEMENTS: The rule impact statements are available for review 30 days priorto the hearingon the DEQ Air Quality Division website at http://ww.w.deg.state.ok.ustAODnewicQuncilmtgs/index.htm. Copies also may be obtained from the Department by calling the contactperson listed below. CONTACTPERSON: 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 DivisionFAX numberis (405)702-4101. PERSONS WITHDISABILITIES: 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 forMinorFacilities; 252: 100-3, AirQuality Standards andIncrements; and 252: 100-1, General Provisions

Enclosed areproposed amendments to Subchapters 1,3, 7, and 8 relating to greenhousegas (GHG) emissions; proposedamendments to Subchapters 3 and 8relatingto thePM2.5

### NSRimplementation; 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 ofcomments and responses.

GHG AMENDMENTS

On January 2,2011, GHG became subjectto regulation as an airpollutantunder the federal Clean Air Act. EPA's GHG tailoring rule (75 FR 31514, June 3, 2010) deferred applicability ofthe PSD andPart70 (TitleV) permittingprograms for alargenumberofsmallerGHG sources. Thetailoring rule raised the PSD and Part 70 permit threshold levels from 100 or 250 tons per year (tpy) to 100,000 tpy CO2 

### equivalent (C02

### e) for GHG emissions and set a threshold of75,000 tpy C02

### e of GHG for PSD modifications. The proposed amendments to Subchapter 8 will clarify the deferral ofthe applicabilityofthePSDprograminPart7 andthe Part70programinPart5. TheDepartment proposes to makethis clarificationbyaddingandamendingdefinitionsinOAC 252: 100-8-2 forPart 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 amendmentto Subchapter 8, the Department is proposing to modifyPart 1 ofSubchapter7 bythe additionofOAC 252:100-7-2.1, whichmakes clearthatthe State'sminorfacilitypermitprogramdoes notincludeGHG emissions unless theowneroroperator 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 applyto GHG. Withouttheproposedclarifyingmodification, theState'spermitting requirements could be interpreted to apply to industrial, commercial, and residential sources that emitorhave the potential to emit more than 40 tons ofGHG per year, which is far more stringent than the federal permitting programs.

As partofGHGamendments, theDepartmentproposes to modifyOAC 252: 100-1-3 bythe addition ofa definition of"greenhouse gas" or "GHG."

1It 

### should be noted thatthe amendments to Subchapters 1,7, and 8 regarding GHG do notmake any facility or source subjectto 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 Departmentproposes to modify Parts 7 and 9 ofSubchapter 8 to incorporate EPA's PSD and Nonattainment NSR implementation rule for the PM'5 National Ambient Air Quality Standards (NAAQS) whichwerepublished inthe

### FederalRegisteronJuly 18,1997 (62FR38652) andrevised

on October 17,2006 (71 FR 61144). Phase I ofthe NSR implementation rule was published in the May 16, 2008 

### FederalRegister (73 FR 28321) and phase 2 was published in the October 20, 2010 

### FederalRegister(75 FR64864). Theproposedamendments willestablishamajorsourcethreshold, significant emissions rate, offset ratios, interpollutant trading for offsets, applicability ofNSR 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 Departmentproposes 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.

Theseproposed 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.



### OTHERAMENDMENTS

The Departmentis also proposing to correct scriveners' errors in OAC 252: I00-1-4(a) byrestoring the superscriptand subscriptformatting and to modifythe listofacronyms in252: I00-1-4(b) bythe deletion ofthe word "Annotated" in renumbered paragraph (27).

The Department also proposes to correct an errorin the definition of"major stationary source" in OAC252: I00-8-31 so thattherequirementsrelatingto municipalincinerators arenotmore stringent than those in the federal definition set forth in 40 CFR § 5 1.1 66(b)(1).

In 

### addition, theDepartmentis taking this opportunityto make some format changes (e.g., PM-lOis being changed to PM IO) 

### 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 theproposed modificationto Section 3 ofSubchapter 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, Subchapter7, and Subchapter 8 to the Environmental Quality Board with a recommendation that they be adopted as emergency rule changes. Thehearings onthepermanentGHGamendments to Subchapter7and Subchapter8; phase I ofthePM2s 

### implementation;"andthe correcting amendments to Subchapter8werecontinueduntil the next Council meeting. The Board approved the emergency rule changes at its meeting on November 16,20I0, and the amendments became effective on December27,20II, when signedby 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: I00-1-4.

This is the firsttime the phase 2 PM2., 

### amendments to Subchapters 3 and 8, and the corrections and additions to Section 4 ofSubchapter I have beenbrought before the Council. However, the State is required to submit a SIP revision to EPA in 20II incorporating phase I of the PM2.

### s NSR implementationrule. The Department requests that the phase 2 amendments be promulgated with thephase I amendments to theNSR program so thatthey canbe 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 evento the samedefinition("RegulatedNSRpollutant"), the GHGand PM2.5

### modifications to Subchapter8mustbeprocessedtogetherorthePM2.

### smodification maybe delayed by ayear. Forthesereasons and because the emergency changes to Subchapters I, 7, and 8 will expire in July 2011, Staffintends 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 permanentrule 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

3REGULAR 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 ofMinutes

- October 27, 2010 Regular Meeting

4. Election ofOfficers

- Discussion and action by Council

5. Public Rulemaking Hearings

A. OAC252: 100-5. Registration,EmissionInventoryandAnnualOperatingFees [AMENDED] OAC 252:100-7. Permits for Minor Facilities [AMENDED] OAC 252:100-8. Permits for Part 70 Sources [AMENDED]

TheDepartment is proposing to add a new section OAC 252:100-5-2.3 that would allow theDepartment toassess certainarea sources ofhazardous airpollutants annualoperatingfees. Inaddition, theDepartment is proposing increases to permitapplicationfees for bothminorfacilities andPart70 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 discussionby the Council 3. Questions, comments and discussionby the public 4. Discussion andpossible actionby 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]

TheDepartmentisproposingtomodifySubchapters 1,7, and 8to ensurethatState rules affectedbyrecent 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)programforthefineparticulatematter (PM2.,)NationalAmbient

### AirQuality 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 discussionbythe Council3. 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 Departmentproposes changing Appendix E to maintain consistency with the NAAQS. Specifically, the nitrogendioxide (NO,) and sulfurdioxide (SO,) primary standards wouldbemodified 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. Theproposedrulewould establish state requirements that are consistentwith those establishedby 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



### 26. Division Director's Report

- Eddie Terrill

7. New Business

- Any matter not known about or which could not have been reasonably foreseen priorto the time ofposting the agenda.

8. Adjournment

-Thenextregularmeetingistentatively scheduledforWednesday, April20, 2011, inTulsa, Oklahoma.

Lunchbreak ifnecessary

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, 20II
For EQB Februal1' 2S, 2011 For AQC Approval A,FiI

### au, 2011 July 20,2011



### Notice ofPublic Meeting The Air Quality Council convened for its regular meeting at 9:00 a.m.
on January 19,2011 at the Department ofEnvironmental Quality in Oklahoma City. Notice of the meeting was fulWarded to the Office ofthe Secretary ofState giving the date, time, and place ofthe 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 ofthe 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 TrevorHammons 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 ofthese Minutes

Yes Yes Yes Yes Bob Lynch Pete White David Gamble Da\'id Branccky Jim Haught 

### Approval ofMinutes

- 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'plpages4 - 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 ofOfficers Ms. Myers made motion that Laura Lodes and Jim Haught to remain as the officers. Mr. Branecky made the second.
See Transcriptpages 5 - 6 Yes Sharon Myers Yes Gary Collins Yes Montelle Clark Yes Laura Lodes YesYes 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 ofthe proposal which would 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 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 ofdiscussions 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 aprogress report ofthe income and expenditures at Council's Octobermeeting. Mr. White made the second. See Transcriptpilges 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 [AMENDED

### I OAC 252:100-7. Permits for Minor Facilities [AMENDED] OAC 252:100-8. Permits for Part70 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 ofSubchapter 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 therule. Ms. Myers made the second. See Transcript Pages 3 - 28 Part2 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 TranscriptPages 56 Yes Sharon Myers Yes Gary Collins Yes Montelle Clark Yes Laura Lodes YesMs. 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 madeby 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. Staffrequested 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 anew 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 transcriptpages Item Fpage 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 Sheetare attached 8S an official part ofthese 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 1s 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.

www.protext.comPage 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 increments I 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

www.protext.comPage 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

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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 1s buried underneath another definition. DR. SHEEDY: Well, we


### www.prolexl.comPage 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: That '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 definition 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

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### 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

www.protexl.comPage 26

to The Yes. Motion passed.

proposed rule Madam Chair, ladies and Hinson, an EnviMS. 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 How much MR. BRANECKY:

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. 14 15 16 17 18 19 20 21 22 23 24 25

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 1s 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. 17 18 19 20 21 22 23 24 25 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 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

1 2 3 

# Iff E_

6

9 10 11 12 13 14 15 16 17 IB 19 20 21 22 23 24

. 25

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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

You're MR. ASHFORD: MR. BRANECKY: says average concentration

one just says average.

MR. ASHFORD: I donlt is an intended

the lawyers.

welcome. 1 2 3 4 5 6 7 8 9 10 11 MR. ASHFORD: Right. 12 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 21 22 23 24 25 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? 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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# f/31~~ Co'rtJ'd 

# t a motion

passed.

Okay. Branecky.

Lodes, Bo Y P te White.

es. avid Gamble. Yes.

www.protext.com 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, 1 2 3 4 5 6 7 B 9 10 I know 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 with So
t at the

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 13 13 14 14 15 see 15 16 16 17 17 IB IB 19 19 20 20 21 21 22 22 23 23 24 24 25 25

1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25need

-- Condensed Transcript

MR. SINGLETARY: Quotations after the IS' in lJemissions ll

, 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. 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 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 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.prolext.comPage 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 think - - 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. 1 2 3 4 5 6 7 8 9 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 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

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

www.protext.comCondensed 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 with 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 English. 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

-- 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.prOlext.comPage 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



### www.protext.com

### OK L A HOM A DEPARTMENT 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

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### 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.tNG** RECOMMENDATION**TOTHEENV~ONMENTALQUALITYBOARD**
Identification ofProposed 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 themby 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 aboutit and determined, to the best ofits knowledge, that all applicable requirements ofthe Oklahoma Administrative Procedures Act have been followed,

This Council authorizes the Departmentto prepare this recommended rulemaking forthe Board, making any changes approved by the Council, correcting typographical, grammatical and reference errors, and formatting 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 reconunendation. , .



### (

Date Signed: 

# 1-/"l- /I

VOTINGTO VOTING ABSTAIN ABSENT APPROVE AGAINST David Branecky 

### 1- Montelle Clark 'i... Gary Collins )(. David Gamble 'tJim Haul!.ht Y. LauraLodes '/. Robert Lvnch 

## v.. Sharon Mvers PeteWhite 'J.-APublic Meeting: REGULARMEETING AGENDA**DEP~TMENT** OFENVIRONMENTAL QUALITY OKLAHOMAENVIRONMENTAL QUALITY BOARD

9:30 a.m. Friday, FebrualY 25,2011 DEQ Multipurpose Room Oklahoma City, Oklahoma

Please turn off cellphones.

1. Call to Order

- BritaCantrell, Chair

2. Roll Call- MyrnaBruce, Secretary, Board & Councils

3. Approval ofMinutes oftheNovember 16, 2010, RegularMeeting

4. Election ofOfficers

- Election ofChairandVice-ChairforCalendarYear 2011

5. Rulemaking

- OAC 252:100 AirPollution 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 ofhazardous 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 minorfacilities andPart 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 ofcertain 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 wouldbe amended to reflectrecent changes madeby EPA.

• Presentation

- LauraLodes, Chair, Air Quality Advisory Council

• Questions and discussionby the Board

• Questions, conunents and discussionby the public

• Discussion and possible action by the Board, which may include roll call vote(s) on permanent adoption6. Rulemaking

- OAC 252:302 Field Laboratory Accreditation

The DEQ proposes to adopt a new Chapter 302 in orderto provide standards for accreditation of privately and publicly owned laboratories forperformance ofanalysis ofwastewater. This new Chapter would apply to laboratories accreditedor applying to be accreditedby 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 forpH, residual chlorine (total residual chlorine, free chlorine, total oxidants orfree oxidants), turbidity, temperature and dissolved oxygen.

• Presentation

- Brian Duzan, Chair, Laboratory Certification Advisory Council

• Questions and discussion by the Board

• Questions, comments and discussionby 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 ofprivately and publicly owned laboratories for performance ofanalysis ofwater and wastewater, solid andhazardous waste, soil, sludge and petroleum hydrocarbons. Chapter 303 would apply to laboratories accredited

or applying to be accreditedby the DEQ consistent with TheNELAC Institute (TN!) standards.

• Presentation

- Brian Duzan, Chair, Laboratory Certification Advisory Council

• Questions and discussionby the Board

• Questions, comments and discussionby the public

• Discussion and possible action by the Board, which may include roll call vote on permanent adoption

8. Rulemaking

- OAC 252:301 LaboratoryAccreditation

The DEQ proposes to revoke the current Chapter 30I, Laboratory Accreditation, and replace it with the new Chapter 303 in order to be consistent with The NELAC I Institute (1NI) standards and for

ease ofreference for the regulated community. In doing so, two subchapters in the current Chapter 30I (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 thenew Chapter 302 (Field Laboratory Accreditation).

• Presentation

- Brian Duzan, Chair, Laboratory Certification Advisory Council

• Questions and discussionby the Board

• Questions, comments and discussionby 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. 29. Rulemaking

- OAC 252:410 RadiationManagement

The DEQ proposes to awend Subchapter 5 (Certification ofIndustrial Radiographers), Subchapter 7 (Radiation Management Authorizations), Subchapter 

### to (Radioactive Materials Program), Subchapter II (Use ofX-Rays and/or Particles for Therapeutic Purposes in the Healing Arts and Veterinary Medicine). Additionally, the DEQ proposes to revoke the current Appendix A andreplace it with an amended Appendix A (Application and Annual Fee Schedule for Radiation Machines). The purpose ofthe 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 ofradiation management programs.

• Presentation

- SteveWoods, Chair, RadiationManagementAdvisory Council

• Questions and discussion bythe Board

• Questions, comments and discussionby thepublic

• 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 ofcertainfederal 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

311. 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 ofthe 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 ofcertain federal regulations from July I, 2009, to July 1,2010.

• Presentation

- Lowell Hobbs, Chair, Water Quality ManagementAdvisory Council

• Questions and discussionby the Board

• Questions, comments and discussionby 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 discussionbythe 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 yearbased onthe rate ofinflation.

• Presentation

- Lowell Hobbs, Chair, Water QualityManagementAdvisory Council

• Questions and discussionby the Board

• Questions, comments and discussionby the public

• Discussion and possible action by the Board, which may include roll call vote(s) on permanent adoption

414. 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 ofa 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 ofthe 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 discussionby 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 yearbased onthe rate ofinflation.

B. The DEQ proposes to amend Chapter 623 to update the date of incorporation by reference ofcertain federal regulations from July 1,2009, to July 1,2010.

• Presentation

- Lowell Hobbs, Chair, Water Quality Management Advisory Council

• Questions and discussionby the Board

• Questions, comments and discussionby the public

• Discussion and possible action by the Board, which may include roll call vote(s)

onpermanent 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 ofoperating 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 ofinflation.

• Presentation

- Lowell Hobbs, Chair, Water QualityManagementAdvisory Council

• Questions and discussionby the Board

• Questions, comments and discussionby the public

• Discussion and possible action by the Board, which may include roll call vote(s) on permanent adoption

517. 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 inobtaining valiances.

• Presentation

- Lowell Hobbs, Chair, Water Quality Management Advisory Council

• Questions and discussionbythe 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 PublicWater 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 ofcertain federal regulations from July 1,2009, to July 1,2010.

• Presentation

- Lowell Hobbs, Chair, Water QualityManagement Advisory Council

• Questions and discussion bythe 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 ofSenate 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 orbusiness that the proposed system will serve. Additionally, the proposed amendments implement Senate Bill 1695, also passed during the 20I0 legislative session, concerning ownership ofshared sewage systems.

• Presentation

- Lowell Hobbs, Chair, Water Quality Management Advisory Council

• Questions and discussionbythe 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

620. Rulemaking

- OAC 252:656WalerPollution 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 ManagementAdvisory Council

• Questions and discussionby 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 ofthe permit in the event of a sublethal test failure; and (5) clarify that WET biomonitoring frequencies cannotbe 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 otherminor corrections and clarifications.

• Presentation

- Lowell Hobbs, Chair, Water Quality Management Advisory Council

• Questions and discussionby 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

722. Executive Director's Report

- SteveThompson, DEQ Executive Director

23. New Business (Any matter not known about and which could not have been reasonably foreseen prior to the time ofposting ofagenda)

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 registerto 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 ofthe Board and senior staffmembers from DEQ wil\ meet for dinner in Oklahoma City the evening ofFebruary 24, 2011. This is a social occasion. It is uncertain whether a majority ofthe Boardwill be present, but no BoardorDEQ business will be conducted.

8

### TITLE 252. OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY CHAPTER 100. AIRPOLLUTION CONTROL

SUBCHAPTER 1. GENERAL PROVISIONS SUBCHAPTER 3. AIR QUALITY STANDARDS AND INCREMENTS SUBCHAPTER 7. PERMITS FORMINORFACILITIES SUBCHAPTER 8. PERMITS FORPART 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, 20II, GHG became subject to regulation as an air pollutant under the federal CleanAir Act. EPA's GHGtailoring rule (75 FR 31514, June 3, 2010) deferred applicability ofthe PreventionofSignificantDeterioration (PSD) andPart70 (TitleV) permittingprograms for a large number ofsmaller GHG sources. The tailoring rule raised the PSD and Part 70 permit threshold levels from 100 or250tons peryear(tpy) to 100,000tpy CO, equivalent(CO,e) for GHGemissions and sets athreshold of75,000tpy CO,e ofGHGforPSD modifications. Theproposedamendments
to Subchapter 8will clarifYthedeferral ofthe applicability ofthePSD programinPart7 andthePart 70programinPart5. The Department proposes to make this clarificationby 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 subjectto regulation and the higher GHG applicabilitythresholds 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 ifnecessary to set enforceable limits to keep GHG emission levels atafacility belowthe applicabilitythreshold levels for the PSD construction permitprogram and/or the Part 70 operating permitprogram.

As part ofGHG 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." Atthis timethe Departmentis also proposing to add the abbreviationofcarbortdioxide equivalent(CO,e) to OAC 252:1 00-1-4(a) andthe 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 shouldbe notedthat the amendments to Subchapters 1, 8, and 7 regarding GHG do not make any facility or source subjectto GHG regulations, but only ensure that as far as GHG is concerned, the State'spermittingprograms arenotperceivedtobemore stringentthanthe correspondingfederal programs.

TheDepartmentproposesto modifYParts 7and9 ofSubchapter8to incorporateEPA's PSD and Nonattainment NSR implementation rule for the PM" National Ambient Air Quality Standards (NAAQS) whichwerepublishedinthe

### FederalRegisteronJuly 18, 1997 (62 FR38652) andrevised

on October 17,2006 (71 FR61144). Phase I oftheNSR implementationrule was publishedinthe

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 ofrefuseperday to 250 tons of refuse per day to match the federal definition at 40 CFR § 51.166(b)(l). The Department also proposedtomake someformatandnon-substantivelanguagechangesto Subchapter8forclarity (for example PM dash lOis being replaced by PM subscript 10).

TheDepartmentisalso proposingtomodify Subchapter3, AirQuality StandardsandIncrements, to addthe 24-hour and annual PM,s PSD increments to OAC 252:100-3-4. In 

### conjunctionwiththe proposedamendmentto Part7 ofSubchapter8, the amendmentto Subchapter3 willbringthe 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, October20,2010). The proposedamendmentto Subchapter7 clarifies thatthe State's minor facilitypermittingprogramdoes notapplyto GHGemissions and is thus notmore stringentthanthe 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 notrequired.



### COMMENTS: See Attachment.

2

### SUMMARY OF COMMENTS AND STAFF RESPONSES FORPROPOSED 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 recommendedthat DEQincludeinthedefinitions of"subjecttoregulation" inOAC 252: 100-8-2 

### and 252:100-8-31 

### an "expiration" or "sunsetting" ofthe 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: Stafffeels thatthe problempointed out by the Forum is already resolved by the introductory language to the definitions of"subjectto regulation." As aresult ifa courtwas to invalidate for any reason the underlying applicable regulation that makes GHG regulated, then GHGwould automatically notbe contained inthe definition ofsubjectto regulation. However, to make the rule very clear on the matter, we have added "rescission" or "sunsetting" language to thedefinitions of"subjectto regulation" inOAC 252: 100-8-2 

### and 252: 100-8-31 

### to stress that the State's GHG permitting requirements will not exceed those ofEPA.

2. COMMENT: Regarding GHGrevisionsto Subchapter8, theForumalso statedthatOklahoma's (andEPA's) definitionoftheterm "regulatedNSRpollutant" inOAC 252: 100-8-31 

### includesnot only "anypollutantthatotherwiseis 'subjectto regulation' underthe Act" butalso "anypollutant for which a NAAQS has been promulgated" and "any pollutantthat is subject to any standard promulgated under section III ofthe Act." EPA has received petitions to issue aNAAQS for GHGs, and EPA is also in the process ofadopting NSPS for certain source categories under section III thatwouldregulate GHGs. The "subjecttoregulation" qualifier, however, isnotpart ofthe "regulated NSR pollutant" definition for NAAQS and NSPS, which means that ifEPA proceeds to issue a NAAQS or NSPS covering GHGs, the thresholds in the "subject to regulation" definitionwouldno longerapply. Onewayto address this problemwouldbe forthe Departmentto limit subsections (A)(i) [forNAAQS] and (A)(ii) [forNSPS] ofits definition of regulated NSR pollutantnotto include GHGs above the thresholds specified inthe "subjectto 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 'subjectto regulation' inthis section." This approachwould give Oklahomatimeto address anyregulation ofGHGs underthe NSPS orNAAQS rules ifEPA proceeds with suchrulemakings.

1

### RESPONSE: Staff will give further consideration to this comment before the permanent rulemaking is proposed in January 20II. 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 substantivelythe same. Bydefinition anypollutantthatis subjectto any standard promulgatedunder section III ofthe federal CleanAirActis a "regulatedNSRpollutant." The definition of"regulatedNSRpollutant" also references the definition of"subjecttoregulation," which states that GHG is subjectto regulation only ifGHG emissions from a source exceed the PSD GHG applicability thresholds of75,000 tpy 

### CO,e for modifications or 100,000 tpy C02

### e for new sources. It 

### is unclear which definition would take precedence ifanNSPS for GHG is promulgated. However, this is anationalproblemand Staffprefersto allowEPAthe opportunity
to claritYthe relationship between "regulatedNSRpollutant" and "subjectto regulation." EPA hasannouncedtheirintentiontoproposeNSPS andemissionguidelines for GHGemissions from electric generating units and refineries in 2011 and to finalize these standards in 2012. This gives the Departmenttimeto address theproblem, ifitis notresolved by EPA, before any NSPS for GHG becomes effective.

EPA Region 6 - Fax received on October26, 2010 from JeffRobinson, Chief, AirPermits 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 IndependentPetroleum Association) and MOGA (Mid-Continent Oil and Gas Association ofOklahoma)

- 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

ordelayedatthe federal level, itwouldappearthattheproposedrevisionsto Subchapter8would still require regulated entities in Oklahoma to comply with DEQ's GHG requirements. This wouldplaceOklahomainaneconomic disadvantageto otherstatesthatmay nothave GHGrules 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: Staffdoes 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 ofEPA.

5. COMMENT: OIPA and MOGA pointed out that the State ofTexas raised some significant questionsregarding state'srightas itrelatesto anexpeditedGHGruleimplementationinrelation
to the SIPrevision process underthe CAA Section 166(a), the normal SIPrevisions procedures under Section 110, andEPA's authorityto impose aFIP onGHGwithoutfinding thata statehas failed to make arequired submission. They suggestedthat DEQ carefully considerthese 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 itis inthebestinterestofthe GHG emitting sources inOklahomato provide theprotections affordedbythe GHGtailoringruleintheeventthatEPAprevails. 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 meetinguntil the January 2011 Council meeting. Staffhopes thatbythattime

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, stafffeels it is in the best interest ofthe GHG emitting sources in Oklahomato 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 permits for GHG emitting facilities, bemodifiedbythe additionof"butare notlimitedto" inthe last sentence so that it reads: "Physical or operational limitations may include, but are not limitedto, airpollutioncontrolequipment, restrictions onhours ofoperation, and/orrestrictions

on the type or amount ofmaterial combusted, stored, or processed."

RESPONSE: Staffagrees withthis request and the suggested language has been added to the rule.

Oral Comments at the Council Meeting

Steve Mason, DEQ BoardMembercommented at the October27, 2010 Air QualityAdvisory 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 ofEPA's PM25 

### PSD implementation requirements inthe sameproposal. InOctober, EPApromulgatedthe lastpartofits PM25 

### rules

so theserecentchanges couldnotbe included inthe proposedrule for the October2010 Council meeting. Because the GHG modification and the PM25 

### modification change the same section (OAC 252: 100-8-31) and eventhe samedefinition ("RegulatedNSRPollutant"), the GHG, and PM25 

### modifications mustbe processed together or the PM25 

### modification couldbe 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 wasjustnot going to promulgate GHG rules and asked ifOklahoma has that opportunity also.

3

### RESPONSE: It 

### is our understanding that Texas is taking the positionthat EPA does not have the authorityto regulate ORO and intends to litigate the issue. Afterlooking at alot 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 orPart 70 permits. That is required by other existing federal and State rules and regulations and will automatically occurwhen ORO becomes apollutant subjectto regulation on January 2, 20II. The ORO tailoring rule exempts alarge 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 rescissionprovisionto address subsequent legislative orjudicial actions on ORO and to ensure thatthe State's ORO permitting requirements will not exceed those ofEPA.
Angie Burckhalter, V.P. Regulatory Affairs, OIPA commented at the October 27, 2010 Air Quality Advisory Council meeting.

9. COMMENT: Ms. Burckhalterrepeated 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 berevisedto include "butarenotlimitedto." The sentence wouldread: "Physical oroperational 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: 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 statedthatoneofthereasons to addthelanguage suggestedbyMs. Burckhalter is that energy efficiency will be one ofthe main BACT requirements for ORO emiSSIOns.

COMMENTS RECEIVED PRIOR TO AND AT THE 

### JANUARY19,2011 AIR QUALITY ADVISORY COUNCIL MEETING

Written Comments

EPA Region 6 - Letter received via email on January 18,2011, from JeffRobinson, 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 orthe 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 ofthe definition ofcarbon dioxide equivalentthatthe Councilrequestedbe added to OAC 252: 100-1-3. Mr. 

### Whitney felt thatwould make it amore flexible definition that could apply not onlyto GHGemissions 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: Staffagreed and the change was made as suggested by Mr. Whitney.



### 5October 26, 20I0

Mr. Eddie Terrill, Director Air Quality Division Oklahoma Department ofEnvironmental Quality 707 N. Robinson Oklahoma City, OK 7310I

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 inregards 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. Ifthe GHG requirements are vacatedor 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 thatmay not have GHG rules in place or witil states tilathave language in place to address such a situation. We recommend ODEQ include language in the rules iliat would address tilis issue ifit 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 beenproposed to exclude tilose pollutants in OAC 252:I

### ODS-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: I00-5-2.2(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 hasfailed 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 eachitem 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: I00-5-2.3(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 ofmany 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 ofthis section as follows: "Physical or operational limitations may include, but are not limitedto, air pollution control equipment, restrictions on hours ofoperation, 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 ASSOCIATIONOFOI<UJ!OMA

2I INiTEI) 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 ofthe 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 ofthe GHG Tailoring Rule. Ifyou have any questions about the GHG Tailoring Rule, or about EPA's review ofyour proposed rulemaking, 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't0eComments ofthe 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 ofSignificant 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 peryear (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 ofthe current litigation challenging EPA's decisions to regulate greenhouse gases underthe Clean AirAct.

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 ofAppeals 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 ofEPA's actions will be judged by the courts over the course ofthe next year. In addition, on September 15,2010, a motion to stay the stationary source effects ofthe 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 sourceprograms. 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 ofthe 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 ifan 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 ofthe 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 ofthe 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 ifa 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. IfEPA 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 similarprovisions and Colorado adopted one last week. The Colorado provision that was adopted states:

Ifthere is a change in federal law or the District ofColumbia Circuit Court ofAppeals 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 ofSignificantDeterioration (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 ifthe federal application ofPSD 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 ofthe 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 ofthe Act." EPA has received petitions to issue a NAAQS for GHGs and EPA is also in the process ofadopting 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 ifEPA 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 ofregulatedNSRpollutant 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 ofthe term 'subject to regulation' in this section." This approach would give Oklahoma time to address any regulation ofGHGs under the NSPS orNAAQS rules ifEPA proceeds with such rulemakings.

The Forum appreciates the opportunity to submit these comments andrequests that any questions be directed to Shannon Broome, Executive Director, AirPermitting Forum at 510-985-1710 or sbroome@pacbell.net.

### Volume28 Number 19 June 15,2011 Pages 1079

- 

### 1880



# The

Oklahoma

Oklahoma Secretary ofState Office ofAdministrative Rules(B) Ifvoters in the district are noteligibleto 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 ofthe Registered Voter Mailing List

or ofa PrecinetRegistry 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 ofvoters in the precinct who are not assigned to a school district. The superintendent shall mark the list to indieate whieh voters, ifany, are believed to be registered at addresses loeated within the boundaries ofthe district. The superintendent shall return the marked list to the Seeretary ofthe County Election Board within five business days.**(~)** Upon receiving the list ofunassigned 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 ofvoters assigned to the school distrietby 9liMS MESA. (A) Ifthe total number is 100 or less, the precinct may be closed for the election. (B) Ifthe total numberis more than 100, the request must be denied and the precinctmust remain open for the election. (e) Even ifthe number is 100 or less, the preeinct must remain open ifvoters in the district are eligible to vote in another election in the precincton the same date. (6) The Secretary shall notilY district officials whether the precinctwill be closedormustremain 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. Ifa new voter is assigned by**O~MS** in the Street Guide to the school ortechnology centerdistrict in the splitpreeinct, the Seeretary shall mail the notice and information deseribed in f&H§Lofthis subsection to the new voter immediately.
[OARDocket#11-765;jiled5-24-11] 

### PermanentFinal Adoptions

TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY CHAPTER 100. AIRPOLLUTION 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] Subchapter3. Air Quality Standards and Inerements 252: 100-3-4. Significantdeterioration increments [AMENDED} SUbchapter7. Permits for MinorFacilities Part I. General Provisions 252; 100-7-2.1. Minor permits for greenhouse gas (GHG) emitting facilities [NEW] Subchapter 8. Permits for Part70 Sources Part 5. Permits for Part 70 Sources 252; 100-8-2. Definitions [AMENDED] Part 7. Prevention ofSignificant Deterioration (PSD) Requirements for AttainmentAreas 252; 100-8-31. Definitions {AMENDED) 252:100-8-33. Exemptions [AMENDED] 252:100-8-35. Airquality impactevaluation [AMENDED] Part9. Major Sources AffectingNonattainmentAreas 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 orcontributing 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 AirAct, 27A O.S., §§2-5-101 erseq. DATES: Commentperiod: September 15, 2010 through October27,2010 December 15, 2010 throughJanuary 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: March4, 2011 Submitted to Senate: March4, 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] Subchapter8. Permits for Part70 Sources Part 5. Permits forPart70 Sources 252:100-8-2. Definitions [AMENDED] Part 7. Prevention of Significant Deterioration (PSD) Requirements for AttainmentAreas 252:100-8-31. Definitions [AMENDED]

June 15, 2011 "79 Oklahoma Register (Volume 28, Number 19)

### PermanentFinal Adoptions

Gubernatorial approval: December 27, 2010 Registerpublicalion: 28 OkReg 443 Docket number:**11~27** Superseded rules: Subchaplcr7. Permits for MinorFacilities Part 1. General Provisions 252:100-7-2.1. Minor permits for greenhouse gas (OHO) emitting facilities [NEW] Gubernatorial approval: December 27, 2010 Registerpublication: 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 offsetratios, not added oramended 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 forexamination 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 DepartmentofTransportalionjoim-lightduty vehicle GHG emission standards became effective. The proposed amendments to Subchapter 8 will clarifY the deferral ofthe applicability ofthe Prevention ofSignificant Deterioration (PSD) program in Part7 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 (C02 e) 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 Subchapter7 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 permitprogram. 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 equivalentemissions" or "C02 e." At this time the Department is also proposing to add the abbreviation of carbon dioxide equivalent (C02 e) 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. It should be noted that the proposed amendmentsto Subehapters 1,7, and 8 do not make any facility or source subjectto GHG regulations, but only ensure that the State's permitting programs are not pereeived to be more stringentthan 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 ofSubchapter 8, the amendment to Subchapter 3 will bring the State's PSD program up to date with respect to PM 2
.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 implementthe federal regulations relating to PM 2 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 OFJULY 1,2011:

SUBCHAPTER 1. GENERAL PROVISIONS

252:100-1-3. Definitions Thefollowing words andterms, whenused in this Chapter, shall have the following meaning, unless the contextclearlyindicates otherwise or unless defmed specifIcally for a Subchapter, seetion, orsubsection in the Subchapter, section, orsubsection. "Act" means the Federal Clean Air Act, as amended, 42 U.S.C. 7401 et seq. "Administrator" means, unless specifIcally defined otherwise, the Administrator ofthe United States Environmental Proteclion Agency (EPA) orthe Administrator's designee. "Air contaminant source" means any and all sources of emission ofair contaminants(pollutants), whether privately or publicly ownedoroperated, orperson 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 ofall types. "Air pollution abatement operation" means any operation which has as its essential purpose a significant reduction in: (A) the emission ofaircontaminants, or (B) the effectofsuch emission. "Air pollution episode" means high levels ofair pollution existing for an extended period (24 hours or more) oftime which may cause acute hannful health effects during periods ofatmospheric stagnation, without vertical orhorizontal 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 15,2011Other 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 determinedby the Division Director on a case-by-case basis, taking into accountenergy, environmental, and economic impacts and othercosts ofalternative control systems. "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 ofthe 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 ofGHG emitted. and shall be computed by multiplying the mass amount ofemissions. for each ofthe six greenhouse gases in the pollutant GHG, by the gas' associated global wanning potential (GWPl published in Table A-I to subpartA of40 CFRPart98 B Global Wanning Potentials, and summing the resultantvalue foreach to compute aCO2.£.:. "Catalytic cracking unit" means a unit composed ofa 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 ofcatalyst 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 includedin the mass ofthe material burned orto beburned. "Commence" means, unless specifically defined otherwise, that the owner or operator ofa facility to which neither

a NSPS or NESHAP applies has begun the construction or installation ofthe emitting units on apad 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 ofpcnnit 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 standardconditions. Itmay contain sulfur, nitrogen and/oroxygen derivatives ofhydrocarbon. 

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"Direct fired" means that the hot gasses produced by the flame or heat source come into direct contact with the material being processedorheated. "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 orindustrial processes. "EPA" means theUnitedStates Environmental Protection Agency. "Excess emissions" means the emission ofregulated air pollutants in excess ofan applicable limitation or requirement

as specified in the applicable limiting Subchapter, pennit, or order ofrhe DEQ. This tenn does not include fugitive VOC emissions covered by an existing leak detection and repair program that is requiredby afederal or stateregulation. "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 thatmeet all the following conditions: (A) Are under common control. (B) Arc located on one ormore 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 pennitissuedunder 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 heator power. "Fugitive dust" means solid airborne particulate matter emittedfrom any source other than a stack orchimney. "Fugitive emissions" means, unless specifically defined otherwise, those emissions which could not reasonably pass through astack, chimney, vent, orotherfunctionally equivalent opening. "Fume" means minute solid particles generated by the condensation ofvapors to solidmatter 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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"Greenhouse gas" or "GHG" means the air pollutantdefined 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 sulfurhexafluoride (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 ofNew 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 obligationto undertake and complete within areasonable time acontinuous program ofeonstruetion

or modification prior to the eompliance date for installation as specifiedby 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 orheated. "Installation" means an identifiable piece of proeess equipment. "Lowestachievableemissions rate" or "LAER" means, for any source, the more stringent rate ofemissions 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 aproposednew or modified stationary source to emitany pollutant in excess ofthe amount allowable under applicable standard ofperfonnance for the new source. (A) LAERmeans the most stringentemissions limitation which is eontained in the implementation plan ofany 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 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 ofair pollution control equipment, process equipment, or aprocess to operate in a nonnal or usual manner. Failures that are caused in part by poor maintenance orcareless operation are notmalfunctions. "Mist" means a suspension ofany finely divided liquidin any gas or atmosphere excepting uncombinedwater. "Modification" means any physical change in, or change in the method of operation of, a source which increases the amount ofany airpollutantemitted by such source orwhichresults inthe emission ofany airpollutantnotpreviouslyemitted, except that: (A) routine maintenance, repair and replacement shall nut be l:onsideredphyskall: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 contaminantemissions is increased. "New Source Performance Standards" or "NSPS"

means those standards found in 40 CFRPart 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 ofan object in the background. "Open burning" means the burning ofcombustible materials in such amannerthatthe products ofcombustion are emitted directly to the outside atmosphere. "Organic compound" means any chemical compound containing the elementcarbon. "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 ofpennits covering a Part 70

source that is issued, renewed, amended, orrevisedpursuant to this Chapter. "Part 70 program" means a program approved by the Administratorunder40 CFRPart 70. "Part 70 source" means any source subject to the pennitting requirements ofPart5 ofSubchapter8, as providedinOAC 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 orless. "PM-2.S" means particulate matter with an aerodynamic diameterof2.5 micrometers or less.

Oklahoma Register(Volume 28, Number/9) 1182 June /5, 20II"Particulate matter" or "PM" means any material that exists in a finely divided form as a liquid or a solid. "Particulate matteremissions" means particulatematter emitted to the ambient air as measured by applieable reference methods, or an equivalentor alternative method. "Potential to emit" means the maximum capacity ofa
source to emit a pollutant under its physical and operational design. Any physieal or operational limitation on the eapaeity ofthe source to emitapollutant, including airpollution control equipmentandrestrictions on hours ofoperation oron the type

or amount ofmaterial combusted, stored or proeessed, shall be treated as part ofits design ifthe limitation or the effect it would have on emissions is enforeeable. Secondary emissions do notcountin determining the potential to emitofa 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, orrefuse-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 ofcombustion. Process weight rate means arate established as follows: (A) for continuous orlong-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, thetotal process weight for a period which eovers a complete

or an integral number ofcycles, divided by the hours ofaetual process operation during sueh period. (C) where the nature of any process or operation

or the design ofany equipment is such as to permit

more than one interpretation of this definition, that interpretation whichresults 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 impactofsuehcontrols; and (C) Alternative means ofproviding for attainment and maintenance ofsueh standard. "Reconstruction" means (A) the replacement ofcomponents ofan existing

source to the extent that will be detennined by the Executive Direetorbasedon: 

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(i) the fixed capital cost (the capital needed to provide all the depreciable components ofthe new components exceeds 50percentofthe fixed capital costofacomparable entirely new souree); (ii) the estimated life ofthe source after the replacements is comparable to the life ofan 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, Part9. "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 ofunfinishedpetroleum 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 ofbuildings 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 ofcombustible refuse or other combustible wastes byburning. "Regulated air pollutant" means any substance or group ofsubstances listed in Appendix P ofthis 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 standardis setby an enforceablepermit. "Responsibleofficial" means one ofthe following: (A) For a corporation: a president, seeretary, treasurer, orvice-presidentofthe corporationin charge of

aprincipal business function, orany otherperson who perfonns similarpolicy 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 subjectto apermit 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 ofauthority to such representatives is approved in advance by the DEQ; (B) For the partnership or sole proprietorship: a general partnerorthe proprietor, respectively; (C) For a munieipality, state, federal, or other public agency: Either a principal exeeutive officer or ranking eleeted official. Forpurposes ofthis Chapter,

a principal executive officer or installation eommander ofa federal ageney ineludes the chiefexeeutive

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officerhaving responsibility fortheoverall operations ofa principal geographic unit ofthe agency (e.g., a Regional Administrator ofEPA); or (D) Foraffected 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 designatedrepresentative for any other purposes underthis 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 andconsisting ofcarbon, ash, and othermatter any or all ofwhich is present in sufficient quantity to be observable. "Source operation" means the last operation preceding the emission ofan air contaminant, which operation: (A) results in the separation ofthe air contaminant from the process materials or in the conversion ofthe process materials into aircontaminants, as in the case ofeombustion offuel; and, (B) is not an airpollution abatement operation. "Stack" means, unless specifically definedotherwise, 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 (20 0 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, anybuilding, structure, facility, orinstallation either fixed or portable, whose design and intended use is at a fixed location and emits ormay emit an airpollutant subjectto OAC 252: 100. "Total Suspended Particulates" or "TSP" means particulate matter as measuredby the high-volume method described in Appendix B of40 CFRPart 50. "Temperatureinversion" means aphenomenoninwhich the temperature in a layer ofair increases with height and the cool heavy air below is trapped by the wanner air above and
cannotrise. "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 oftropospheric

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 consideredto be VOc. 252:100-1-4. Units, abbreviations:Land acronyms (a) Abbreviations and symbols ofunits ofmeasure. (1) Btu

- British thennal unit (2) em/sec

- centimeterper second ill COle

- carbon dioxide equivalent (":'[) dscf

- dry cubic feet at standardconditions (4,2,) dscm

- dry cubic meter at standardconditions**(~!iJ** ftlmin

- feet per minute (61) gal- gallon (1lD gal/d

- gallons perday (&.'t) gallyr

- gallons peryear (If.!,Q) gr/dscf

- grains per dry standard cubic foot (.w

### 11) 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 permetric ton (+&12.) kPa

- kilopascals (+920) I-liter (;MIn) I/yr

- liters peryear (U22) LTID-Iongtonsperday (;!;!23) Ib/wk

- pounds perweek (;!J24) Ib

- pound (;1425) Ibslhr

- pounds per hour**(~26)** HH-m.l_- cubic meter (;\627) mg/dscm

- milligramsperdry standardcubic meter (;!128) MMBTU/hr

- million british thennal units per hour (;1&29) Mg

- megagram --146 10.,gram (;!930) Mg/yr

- megagrams peryear (;W.ll) mg/I- milligrams per liter ("-+32) m/min

- meterperminute ('h!33) ng/dscm

- nanograms perdry standard cubic meter (;H34) ng/J

- nanograms perJoule (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 permillionby volume (.w40)**~SOl_-** sulfurdioxide (4G4I) TPY -tons peryear (4+42)**~.J!.Wn.l_-** micrograms percubie 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

- BestAvailable Control Technology (5) CEM

- Continuous EmissionMonitor (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

- MaximumAchievable ControlTeehnology (HI 4) MSW

- Municipal SolidWaste (-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

- OklahomaAdministrative Code (.J..9.£Q) PBR

- Permitby Rule (;WID PM

- ParticulateMatter (Ull) PSD

- Prevention ofSignifieantDeterioration**(~m** SIC

- StandardIndustrial 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

SUBCHAPTER3. AIRQUALITY STANDARDS AND INCREMENTS

252:100-3-4. Significantdeterioration increments (a) Signifieant deterioration, as used in the phrase Prevention ofSignificant Deterioration (PSD), means an increase in ambient airpollution above abaselineplus aspecific increment allowedfor 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 October20, 20Ill: 

### ill arumal arithmetic mean: maximum allowable increase is 1 microgram per cuhie meter. @ twenty-fourhourmaximum: maximum allowable increase is 2 mierograms per cubic meter. @) PMl!!; (i)**P~(** 1(;), annual arithmetic mean: maximum allowable increase is 4 micrograms pereubic
meter. (ii) PM IQ. twenty-fourhourmaximum: maximum allowable increase is 8 micrograms per eubie meter. (BD Sulfurdioxide: (i) annual arithmetie mean: maximum allowable increaseis 2 micrograms pereubie meter. (ii) twenty-fourhourmaximum: maximum allowable increase is 5 micrograms percubic meter. (iii) three-hour maximmn: maximum allowable increase is 25 micrograms percubic meter. 

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(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 PM u (effeetive October20, 2011): 

### ill annual arithmetic mean: maximum allowable increase is 4 micrograms per cubic meter. @ twenty-four hourmaximum: 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-fourhourmaximum: maximum allowable increase is 30 micrograms per cubic meter. (B:Q) Sulfurdioxide: (i) annual arithmetic mean: maximum allowable increase is 20 micrograms percubic meter. (ii) twenty-fourhourmaximum: maximum allowable increase is 91 mierograms percubic meter. (iii) three-hour maximum: maximum allowable inerease is 512 mierograms percubie meter. (bm Nitrogen dioxide (effective May II, 1991), annual arithmetic mean: maximum allowable increase is 25 mierograms pereubie meter. (3) Class 111 Areas: (A) PeFtiaulete fRellar PM u (effective October20, 2011): 

### ill annual arithmetie mean: maximum allowable inerease is 8 micrograms per cubic meter. @ twenty-fourhourmaximum: maximum allowable inereaseis 18 mierograms percubic meter. @)**PM~** (i)**P~4:** 1'1, annual arithmetic mean: maximum allowable increase is 34 micrograms per cubic meter. (ii) PM IQ, twenty-fourhourmaximum: maximum allowable increase is 60 mierograms per cubic meter. (Bg Sulfurdioxide: (i) annual arithmetie mean: maximum allowable increase is 40 micrograms percubie meter. (ii) twenty-fourhourmaximum: maximum allowable inerease is 182 micrograms per cubie meter. (iii) three-hour maximum: maximum allowable increase is 700 micrograms percubic meter. (bm Nitrogen dioxide (effective May II, 1991), annual arithmetic mean: maximum allowable increase is 50 micrograms percubic meter.

SUBCHAPTER7, PERMITS FORMINOR FACILITIES

PART 1. GENERAL PROVISIONS

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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 owneroroperatororths! 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 oramountof material combusted. stored. or processed.

SUBCHAPTER 8. PERMITS FORPART 70 SOURCES

PART 5. PERMITS FORPART 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 themunderthe 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 reqniredby OAC 252: 100-8-1.7; and (D) Certifieation by the responsible official as reqniredby 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 andTexas, and (ii) That in the jndgment ofthe DEQ may be directly affeeted by emissions from the facility seeking the permit, permit modification, or permit renewalbeing proposed; or (B) all states that are within 50 miles ofthe permitted source. "Affected unit" means the same asthemeaning givento it in the regulations promulgated underTitle IV (acid rain) ofthe Act. "Applicable requirement" means all ofthe following as they apply to emissions units in aPart 70 source subjeet to this Chapter (including requirements that havc been promulgated

orapprovedby EPAthroughrulemaking at the time ofissuance but have future effeetive compliance dates): (A) Any standard or other requirements provided for in thc applicable implementationplan approved or promnlgated by EPA through rulemaking nnder Title Iofthe Act that implements the relevantrequirements ofthe Act, including any revisions to that plan promulgated in 40 CFRPart 52; (B) Any term or condition ofany preconstruction permits issued pursuant to regulations approved or promulgated through rulemaking under Title I. inc1nding parts CorD, 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 ofthe Act, including any requirement concerning aecident prevention under section 112(r)(7) ofthe Act, but not including the contents ofany risk managementplanreqnired nnder 112(r) ofthe Act; (E) Any standard or other requirement ofthe acid rain program under Title IV ofthe 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 solidwaste incineration, under section 129 ofthe Act; (H) Any standard or other requirement for consumerand commercialproducts, under section 183(e) ofthe Act; (I) Any standardorotherrequirementfor tankvessels. under section 183(1) ofthe Act; (1) Any standard or other requirement ofthe regulations promulgated to protect stratospherie ozone under Title VI ofthe Act, unless the Administrator has determined that such requirements need not be eontainedin aTitle Vpermit; and (K) Any national ambient air quality standard or increment or visibility requirement under part C of Title I ofthe Act, but only as itwould 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 ofthe emitting equipment on a pad or in the final location atthe facility. "Designated represcntative" means with respect to affected units, a responsible person or official authorized by the

owner or operator ofa unit to represent the owner or operator in matters pertaining to the holding, transfer, or disposition ofallowanees 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 ofa 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 ofpreventive maintenance, careless

orimproper operation, oroperatorerror. "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 otherwisebc subject. "Emissions unit" means any part or activity ofa stationary source that emits orhas the potential to emit any regulated air pollutant or any pollutant listed under section 112(b) ofthe Act. Fugitive cmissions from valves, flanges, etc. associated with a specific unitprocess shallbeidentifiedwiththat specific emission unit. This term is not meant to alter or affect thc definition ofthetcrm l1unit" forpurposes 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 couldnotreasonably pass through a stack, chimney, vent, orother 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 oris includcd onthe insignificant activities list. (A) 5 tons peryear (TPY) ofany 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 ormore HAPs, or20perccntofany thresholdless than 10 tons peryearfor singleHAPthatthe EPAmay establishbyrule. "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 ofthe same person (or persons undcr common control)) belonging to a single major industrial grouping and that is described in subparagraph (A), (B), or (C) ofthis definition. For the purposes ofdefining "major source," a stationary source or group ofstationary sources shall be considered part ofa single 

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industrial grouping if all of the pollutant emitting activities at such source or group ofsources 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 ofthe 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) ofthe 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 byrule. (B) A major stationary source of air pollutants,

as defined in section 302 of the Act, that directly emits orhas 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 ofa 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 (withthennal dryers); (ii) Kraftpulp mills; (iii) Portland cementplants; (iv) Primary zinc smelters; (v) Iron and steel mills; (vi) Primary aluminum orereductionplants; (vii) Primary coppcr smelters; (viii) Municipal incinerators capable ofcharging

more than250 tons ofrefuse perday; (ix) Hydrofluoric, sulfuric, ornitric acidplants; (x) Pctroleumrefineries; (xi) Limeplants; (xii) Phosphate rockprocessing plants; (xiii) Coke ovenbatteries; (xiv) Sulfurrecovery plants; (xv) Carbonblackplants (furnaceprocess); (xvi) Primarylead smelters; (xvii) Fuel convcrsion plants;

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(xviii) Sintering plants; (xix) Secondary metal productionplants; (xx) Chemical process plants (not including ethanol production facilities that produce ethanol by natural fennentation induded in NAICS codes 325193 or 312140); (xxi) Fossil-fuelboilers (orcombination thereof) totaling more than 250 million British thennal units perhourheatinput; (xxii) Petroleum storage and transferunits with a total storage capacity exceeding 300,000 barrels; (xxiii) Taconite ore processing plants; (xxiv) Glass fiberprocessing plants; (xxv) Charcoal production plants; (xxvi) Fossil-fuel-fired steam eleetrie plants of

more than 250 million British thennal units per hourheat input; or (xxvii) All other stationary source categories which, as ofAugust 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 ofnitrogen 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 ofnitrogen 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, thatrequirements under section 182(1) ofthe Actdo not apply; (ii) For ozone transport regions established pursuant to seetion 184 ofthe Act, sources with the potential to emit 50 TPY or more ofvolatile 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 emit50 TPY

ormore 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 ofraw materials, coatings and inks withthe highestVOC contentused in practice by the source. "Permit" means (unless the context suggests otherwise) any permit orgroup ofpennits cuvering i:1 Part 70 source that is issued, renewed, amended, orrevisedpursuantto this Chapter. "Permit modification" means a revision to a Part 70 construction oroperating pennit thatmeets the requirements of OAC 252:1 00-8-7.2(b). "Permitprogram costs" means all reasonable (direet and indirect) costs required to develop and administer apennitprogram, as set forth in OAC 252:100-5-2.2 (whether such costs

are incurredby the DEQ orother State orloeal agencies thatdo 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 ofa 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, orprocessed, shall be treated as part ofits design ifthe limitation is enforceable by the Administrator. This tenn does not alter or affect the use ofthis term for any other purposes under the Act, orthe tenn "capacity factor" as used in Title IV ofthe Actorthe regulations promulgatedthereunder. "Proposedpermit" means the version ofapennitthatthe 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 in40 CFR 51.100(s); (B) Any pollutant for which a national ambient air quality standardhas been promulgated; (C) Any pollutant that is subjeet to any standard promulgatedunder seetion III ofthe Act; (D) Any Class I or 11 ozone-depleting substance subjeet to a standard promulgated under or establishedby 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) (EquivalentEmission 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 shallbe eonsideredto beregulated as to that source

Ok/ahoma Register(Volume 28. Number/9) 1188 June 15, 2011on the date 18 months after the applieable date established pursuant to seetion 112(e) ofthe 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 orregulation. "Renewal" means the process by which a permit is reissued atthe 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 enforceablepermitterms and conditions that are monitoring (including testmethods), recordkeeping, reporting,

orcompliance certification requirements. "Small unit" means a fossil fuel fired combustion device which serves ageneratorwith aname plate capacityof25 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 Administratorunder40 CFRPart 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 itexisted on January 2, 2006. "Subjectto regulation II means for any airpollutant. that the pollutantis subjectto either aprovisionin the federal Clean Air Act or a nationally-applicable regulation codified by the EPA Administrator in subchapter C ofChapter I of40 CFR, that requires actual control ofthe quantity ofemissions ofthat pollutant. and that such a control requirement has taken effect and is operative to control. limit. or restrict the quantity ofemissions ofthat 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 100,000TPY CO.equivalent emissions (CO2-e) and are otherwise subjcctto rcgulation as previously describedin this definition. 

## .on The tenn TPY C02 equivalcnt emissions ICO.e) shall represent an amount of GHG emitted, andshallbccomputedbymultiplyingthemass amount of emisslons (TPY), for each ofthe six greenhousc gases in the pollutant GHG. by the gas' associated global warming potential IGWP1 published in Table A-I to subpartA of 40CFRPart98B GlobalWarming Potentials. and summing the resultant value for each to computc aTPY CO 

### © If fcderal lcgislation or a federal court stays. invalidatcs. delays the effectivc date. or otherwise renders unenforceable by thc EPA, inwhole orinpart. 

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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 ofair emissions units that are eonsidered inconsequential and

are on a list approved by the Administrator and eontained in Appendix J. "Unit" means, for purposes ofTitle 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 ofa regulated NSR pollutant from an emissions unit, as determined in accordance with paragraphs (A) through (C) ofthis definition, except that this definition shall not apply for calculating whether asignificantemissions 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 ofa 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 ofa different time period upon a detennination that itis 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 Directormay 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 onthe particular date, actual emissions shall equal the potential to emit ofthe unit on thatdate. "Allowable emissions" means thc cmission rate of a stationary source calculatedusing the maximum rated capacity ofthe source (unless the source is subject to cnforceable limits whichrestrictthe operating rate, orhours ofoperation, orboth) and the most stringentofthe following:

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(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 pennitcondition. "Baseline actual emissions" means the rate ofemissions, in TPY. ofa regulated NSR pollutant, as detennined in accordaoce with paragraphs (A) through (E) ofthis definition. (A) The baseline actual emissions shallbe based on currentemissions 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 periodupon a detennination thatitis 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 occurredwhile the souree was operating above an emission limitation that was legally enforeeable during the eonsecutive 24-monthperiod. (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 affectedby theproject. A different consecutive 24-month period ean be used for eaeh regulatedNSR 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 earlierthanNuvember 15, 1990. (i) The average rate shall inelude fugitive emissions to the extentquantifiable, 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-monthperiod. (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, ifan 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 regulatedNSR 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 requiredby (C)(ii) aDd (iii) ofthis definition. (D) For a new emissions unit, the baseline actual emissions for purposes ofdetennining the emissions increase that will result from the initial construetion and operation ofsuch unit shall equal zero; and thereafter, for all otherpurposes, 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) ofthis definition, for other existing emissions units in accordanee with the procedures eontainedin Paragraph (C) ofthis definition, and for a
new emissions unitin accordance with the procedures cootaioedio 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

OklahomaRegister(Volume 28, Number 19) 1190 June 15, 2011the 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** orgreater than I Fg/m3 (annual average) efthe pell"taRt fer whish the miner S81:H'ee easelifle elate is estaalisaee. for S02' NOZorPM.li!,;.Q[ equal orgreaterthan 0.3 Fg/m.l(annual average) forPMU .:. (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 ofdetermining the amount ofavailable 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". "Baselineconcentration" means that ambientconcentration 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 andwill affcctthe applicable maximum allowable increase(s): (i) actual emissions from any major stationary

source onwhich construction commcnced afterthe 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 sulfurdioxide, January 6,**1975,..and~** (ii) in the case ofnitrogen dioxide, February 8,**1988~;** and 

### I.ilil. in the case ofPMu , October20, 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 

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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 sulfurdioxide, August7,**1977,..and~** (ii) in the case ofnitrogen dioxide, February 8,**1988~·** and 

### I.ilil. in the case ofPMU , October 20, 20I!. (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 ofits complete application under 40 CFR 52.21 or under OAC 252:100-8, Part 7; and (ii) in the case ofa major stationary source, the pollutantwould be emitted in significant amounts, or, in the case ofa majormodification, there would be a significantnetemissions 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 itcanbe shown, to the satisfaction ofthe Director, that the emissions increase from thc major stationary source, orthe 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 ofphysical on-site construction activities on an emissions unit which are ofa permancntnature. (A) Such activities include, but are not limited to, installation of building supports and foundations, laying ofunderground pipework, and construction of permanent storage structures. (B) With respect to a change in method ofoperation 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 regulatedNSRpollutantwhichwouldbe emittedfrom any proposed major stationary source ormajor 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 ofsuch pollutant. In no event shall application of BACT result in cmissions ofany pollutant which would exceed the emissions allowedby any applicable standardunder40 CFRparts 60 and

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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 requirementfor 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 signifieantreductions in airemissions ofsulfurdioxide

or oxides ofnitrogen associated with the utilization ofcoal in the generation ofelectrieity, or process steamwhich was notin 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 operatorhas all neeessary preconstruction approvals orpermits and eitherhas: (A) begun, or caused to begin, a eontinuous program ofactual on-site construction ofthe source, to be completedwithin areasonable 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 completedwithin areasonable time. "Construction!' means any physical change or ehange in the method of operation (including fabrication, erection, installation, demolition, or modification ofan emissions unit) thatwouldresultin 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, andprovide arecord ofemissions on a continuous basis. "Continuous emissions rate monitoring system" or "CERMS" means the total equipment required for the determination andrecording ofthe pollutantmass emissions rate (in tenns ofmass perunit oftime). "Continuous parameter monitoring system" or "CPMS" means all ofthe 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 acontinuous basis. "Electric utility steam generating unit" or "EUSGU"

means any steam electric generating unitthat is construeted for the purpose ofsupplying more than one-third ofits potential electric outputeapacity 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 ofproviding steam to a steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy outputcapacity ofthe affected facility. "Emissions unit" means any part ofa stationary source that emits or would have the potential to emit any regulated NSRpollutant and includes an EDSOD. There are two types of emissions units as described in paragraphs (A) and (B) ofthis definition. (A) A new emissions unit is any emissions unitthat is (orwill 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 unitthat 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 theUnited States, the Secretary ofthe departmentwith authority over such lands. "High terrain" means any area having an elevation 900 feet ormore above the base ofthe stackofa source. "Innovative control technology" means any system of airpollution control that has notbeen adequately demonstrated in practice, but would have a substantial likelihood ofachieving greater continuous emissions reduction than any control system in eurrent practice or ofachieving at least comparable reductions at lower cost in terms of energy, economies, or non-airquality 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 majormodifieation. (i) Any signifieant emissions increase from any emissions units or net emissions increase at a major stationary souree that is signifieant for VOC

orNOx shall be considered significantfor ozone. (ii) A physical change or change in the method ofoperation shall notinclude: (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 Isuperseding legislation) or by reason ofa natural gas curtailment plan pursuant to the Federal Power Act; (III) usc ofan alternative fuel by reason of

an order orrule under section 125 ofthe Act; (IV) use of an alternative fuel at a steam generatingunit to the extent that the fuel is generatedfrom municipal solidwaste; (V) use ofan 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 issuedundcr 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 afterIanuary 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 ofany rcgulated pollutant (on a pollutant-by-pollutant basis) cmittcd by the unit; or (X) thc rcactivation of a very clean coal-firedEUSGU. (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 aPAL forthatpollutant. Instead, the definition of"PALmajormodification" at 40 CFR 51.166(w)(2)(viii) shall apply. "Major stationary source" means (A) A major stationary source is: (i) any ofthe following stationary sourccs of air pollutants which emits, or has thc potential to emit, 100 TPY or more ofa regulated NSR pollutant (I) carbonblackplants (furnace process), (II) charcoal productionplants, (III) chemical process plants, (not including ethanol production facilities that producc ethanol by natural fcrmentation included in NAICS codcs 325193 or 312140), 

### PermanentFinal Adoptions

(IV) coal cleaning plants (with thermal dryers), (V) coke ovenbatterics, (VI) fossil-fuel boilers (or combination thereof) totaling more than 250 million BTU perhourheat input, (VII) fossil fuel-fired steam electric plants of

morc than 250 million BTU perhourhcat input, (Vlll) fuel conversion plants, (IX) glass fiber processing plants, (X) hydrofluoric, sulfuric or nitric acid plants, (XI) iron and stcel mill plants, (XII) kraftpulp mills, (Xlll) lime plants, (XIV) municipal incinerators capable of charging more**than~250** tons ofrefuse per day, (XV) petroleum refineries, (XVI) petroleum storage and transfer units with a total storage capacity excceding 300,000 barrels, (XVII) phosphatc rockprocessing plants, (XVlll) portland cementplants, (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) ofthis dcfinition which emits, or has the potcntial to emit, 250 TPY or more ofa 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 orNOx shall be considcredmajorfor ozone. (C) Thc fugitive emissions ofa stationary source shall not be included in determining for any of the purposes ofthis Part whether it is a major stationary
source, unless the source belongs to one ofthe following categories ofstationary sources: (i) the stationary sources listedin (A)(i) ofthis definition; (ii) anyotherstationary source categorywhich,

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 airquality control laws andrules. "Netemissions increase" means:

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### PermanentFinal 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 ofoperation at a stationary source as calculatedpursuantto 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) ofthat 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 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 Directorhas not relied on it in issuing a permit for the source under OAC 252: 100-8, Part 7, whichpennitis in effectwhenthe increase in actual emissions from the particularchange occurs. (D) An increase or decrease in actual emissions ofsulfur 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 ofactual emissions exceeds the oldlevel. (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 ofallowable emissions, whicheveris lower, exceeds the new level ofaetual emiSSIons. (ii) It is creditable if it is enforceable as a practical matter at and after the time that actual construction on the particularchange begins. (iii) It is creditable ifit has approximately the

same qualitative significance for publie health and welfare as that attributed to the increase from the particularehange. (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 emissions II shall not apply for determining creditable increases and decreases. "Potential to emit" means the maximum capacity ofa stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation

on the capacity ofthe source to emit a pollutant, including air pollution control equipment and restrictions on hours ofoperation 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 detennining the potential to emitofa 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,

orthe program in 40 CFR 52.21. Any permitissuedundersuch

aprogram is a major NSRpermit. "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, ifthe 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 significantnet emissions increase at the major stationary source. (B) In detennining the projected actual emissions under paragraph (A) ofthis definition (before beginning actual construction), the owneroroperatorofthe 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 highestprojeetions ofbusiness 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 J 5, 2011that 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 ofusing 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 ofa 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 ofthe 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 ofenactment; (B) was equipped prior to shutdown with a continuous system ofemissions control that achieves a removal efficiency for sulfur dioxide ofno less than 85% and a removal efficicncy for particulates ofno 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 ofthc Act. "RegulatedNSRpollutant" means (A) A regulatedNSRpollutantis: (i) any pollutant for which a NAAQS has been promulgated and any pollutant identified undcr (A)(j) ofthis dcfinition as a eSRs1i1liefl:1s Sf 13fe6tifS8FS fef SlieR**~811liHlft1S** ieeftkfiee By 1Re AEimiftistt:ater (e.g., '/.QC aRB**}JO~** arefJre6tirSSrS 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 attainmentandunclassifiable 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 ofnitrogen 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 PM 1.2 in any attainment or unclassifiable area. unless the State demonstrates to the EPA Administrator's satisfactionorEPA demonstrates thatemissions 

### Permanent Final Adoptions

ofvolatile organic compounds from sources in a specific area are a significantcontributorto that area's ambientPMu concentrations. (ii) any pollutantthatis subjectto any standard promulgatedunder section 111 ofthe Act; (iii) any Class IorII 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. andPM.ill emissions shall include gaseous emissions from a
source or activity which condense to form particulatematteratambienttemperatures. Suchcondensableparticulatemattcr shall be accountedfor in applicabilitydeterminationsandin establishing cmissions limitations for PM. PMll and PM.1.Q in PSD permits. (B) RegulatedNSRpollutantdoes not include: (i) any or all HAP either listed in section 112 ofthe Act or addcd to the list pursuant to section l12(b)(2) ofthe Act, which have not been delisted pursuantto section ll2(b)(3) ofthe Act, unlcss the listedHAP is also regulatcdas aconstituentorprecursor ofa general pollutant listed under section 108 ofthc Act; or (ii) any pollutant that is regulatcd undcr section 112(r) oftheAct, provided that such pollutant is nototherwise regulatedunder 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 of40 CFR 60.15(b)(l), or the emissions unit completely takes the place ofan existing cmissions unit. (B) The emissions unit is identical to or functionally equivalentto thereplacedemissions unit. (C) The replacement unit docs not alter the basic design parameter(s) oftheprocess unit. (D) The replaced cmissions unit is permanently removcd from the major stationary source. otherwise permanently disabled. or permanently barred from operating by apermit thatis enforceable as apractical matter. lfthc replaced emissions unit is brought back into operation, it shall constitute anew emissions unit. "Repowering" means (A) Repowering shall mcan thc replacement ofan 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 OklahomaRegister(Volume 28, Number 19)

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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 pcrfonnance oftechnology 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 ofthis definition and is granted an extension under section409 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 ofemissions that wouldequal orcxceedany ofthe following significant emission rates: (i) carbon monoxide: 100TPY, (ii) nitrogen oxides: 40 TPY, (iii) sulfurdioxide: 40 TPY, (iv) particulate matter: 25 TPY ofparticulate
matteremissions or 15 TPY ofPM--l4-PM12emissions, 

### ill PM..,: 10 TPY ofdirect PMb,l emissions; 40 TPY ofsulfur dioxide emissions; or 40 TPY of nitrogen oxide emissions unless demonstrated not tobe aPM2..2precursorunderthedefinition of"regulated NSRpollutant", (".0.) ozone: 40 TPY ofVOC orNOx, ('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 impacton 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 thatpollutant. "Significant netemissions increase" means a significant emissions increase and anct increase. "Stationary source" means any building, structure, facilityorinstallationwhich emits ormayemitaregulatedNSRpollutant. "Subject to regulation ll means. for any airpollutant. that the pollutantis subjectto either aprovision in the federal Clean Air Act. or a nationally-applicable regulation codified by the EPA Administrator in subchapter C ofChapter [ of40 CFR, that requires actual control ofthe quantity ofemissions ofthat pollutant. and that such a control requirement has taken effect and is operative to controL limit. or restrict the quantity ofemissions ofthat 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 ofrC) through tE) ofthis definition. the tenn TPY COl. equivalentemissionsfCOill shall representanamountofaHaemitted. andshallbe computed as follows: 

### ill Multiplying the mass amount ofemissions (inTPY). foreachofthesix greenhouse gases inthe pollutantaHa, by the gas' associated global wanning potential rGWP) publishedin Table A-I to subpartA of40 CFRPart98 B Global Warming Potentials. @ Summing the resultant value from fB)(i) of this definitionforeach gas tocompute aTPY C02e. (Q The tenn emissions increase as used in CD) through rEl ofthis definition shall mean that both a significantemissions increase fas calculatedusing the procedures in OAC 252:100-8-30rb)(]) through (5)) and a significant netemissions increase fas defined in the definitions of"netemissions inerease" and "significant" in 252: 100-8-31) occur. Forthe pollutantGHG.

an emissions increase shall be based on TPY CO$... and shall be caleulated assuming the pollutantaHa is

aregulatedNSRpollutant. 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 ifit 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 emit75.000 TPY COle ormore: 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 June15,2011increaseoraregulatedNSRpollutant. and an emissions increase 0£75.000 TPY COle ormore. 

### lID BeginningJuly \, 201 \, in additiontotheprovisions inIDl o[this definition. the pollutantGHG shall also be subject to regulation: 

### ill At a new stationary source that will emitor havethepotentialto emit 100.000TPY 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 ofoperation that will result in an emissions increase 0£75 000 TPY COle ormore. 

### ill Iffederal legislation or a federal court stays. invalidates. delays the effective date. or otherwise renders unenforceable by the EPA, in whole orin 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 bythe EPA. "Temporary clean coal technology demonstration project" means aclean coal technology demonstration project that is opcratcd for a period of5 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 theNAAQS during and atIertheprojectis 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 iffugitivc emissions, to the extent quantifiable, are included in calculating the potential to emit and such source is not one ofthe 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 beviolated. (2) The requirements in OAC 252: 100-8-34 through 252:100-8-36.2 do not apply to a major stationary source
ormajormodification withrespcctto aparticularpollutant ifthe owner or operator demonstrates that the source or modification is located in an area designated as nonattainmentfor thatpollutantundersection 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. 

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(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, ifthe allowable emissions ofthat pollutant from anew source, or the net emissions increase ofthat pollutant from amodification, would be temporary andimpactno Class Jarea andno areawhere an applicable incrementis known to beviolated. (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 aClass II area do notapply to amodification ofamajor stationary source that was in existence on March I, 1978, ifthc nctincreasc in allowable emissions ofeach regulated NSR pollutant from the modification aller the application ofBACT. wouldbeless 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 ifthe emission increase ofthe pollutant from a proposed major stationary source or thc net emissions increase ofthe pollutant from a major modification would cause, in any arca, air quality impacts less than the following B:fA8HBtS significant monitoring concentrations (SMC): (A) Carbonmonoxide

- 575 Fg/m3• 8-houraverage, (B) Nitrogen dioxide

- 14 Fg/m" annual average, (Q PMU

- 4 ug/m)., 24-houraverage, (G0 Pafli6lilatB HlaltBfPM.lQ -IOFg/m3

, TSP 8f PM-l-Q, 24-hour average, (Pill Sulfurdioxide -13 Fg/m" 24-houraverage, (HE) Ozone

- no de minimis air quality level is providedfor ozone, howeveranynetincrease ofI00 TPY

ormore ofVOC orNOx subjectto PSD wouldrequire

an ambientimpactanalysis, including the gathering of ambientair quality data, (FQ) Lcad- 0.1 Fg/m3

, 24-hour3-month average, (Gill Fluorides

- 0.25 Fg/m3

, 24-houraverage, (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/m3

, I-hour average. (2) Themonitoring requirements of OAC 252: 100-8- 35(c) are notapplicablefor aparticularpollutantifthepollutantis not listedin 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 effecton June 19, 1978, shall apply to any such source or modification.

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(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, ifa permit application was submitted on or before June 8, 1981, and the Direetor subsequently determined that the application

as submitted was complete, exceptfor 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 matterunder OAC 252: 100-8-35(e)(1 )(A), (B), and (D), was completebefore thatdate. (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 aparticular source or modification ifan application for apermit was submittcd after June I, 1988, and no later than December 1, 1988. The data shallhave 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 shorterperiod. (I) Exemption from BACT requirements and air quality analyses requirements. Ifa complete pcnnit application for

a source ormodification was submitted before August 7. 1980 the requirements for BACT in OAC 252:100-8-34 and the requirements for airquality analyses in OAC 252:100-8-35(c)(1)

are not applicable to aparticular stationary source ormodification 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 effecton June 19, 1978, are applicable to any such

source ormodification. (g) Exemption from 0

.. £ 2;2,100 8 3;(oj(2j OAC 252:100-8-35(a)(1)(B\. Thepermitting 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 ifthe owner or operator ofthe

source or modification submittcd a complete application for a permitbefore 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 effHsaifisatieR, 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 ofthe proposed source or modification shall demonstrate that. as ofthe source's start-up date. allowable emissions increases from that souree or modification. in conjunction with all otherapplicable cmissions increases orrcductions (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 aClass I Area 0.3 ug/m3for aClass 11 Area, and 0.3 ug/mlfor aClass III Area. .Qll The SILs for PMU 24-houraveraging time are 0.07 ug/ml for aClass IArea, 1.2 uglml for aClass 11 Area, and 1.2 uglml for aClass 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 of40 CFR 51 (Guideline on Air Quality Models) as itexistedonJanuary 2, 2006. (2) Where an airquality model specified in appendixW of40 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 ofthe Director. In addition, use ofa modified or substituted model must be subject to notice and opportunity for public commentunderproccdures set forth in Sec. 51.102 as it existedon 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 majormodification would affect for each of the following pollutants: (i) for a new source, each regulated pollutant that it wouldhave the potential to emit in a significant amount;

Ok/ahoma Register (Volume 28, Number J 9) 1198 June J 5, 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 airquality for thatpollutantinthat area. (ii) NAAQS pollutants. Forvisibility and any pollutant. other tban VOC, for whicb a NAAQS does exist, the analysis shall eontain continuous air quality monitoring data gathered to detennine ifemissions ofthat pollutant would cause or contribute to a violation ofthe NAAQS or any PSD increment. (C) Monitoring method. With respect to any requirements for airquality 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 approvedby the Director. (D) Monitoring period. In gcneral, the required continuous air monitoring data shall have been gathered over a period ofup to one year and shall rcprescntthc yearpreccding 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 applicationbecameotherwise complete, exceptthat: (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 theperiodrequiredbythosc rcgulations. 

### Permanent FinalAdoptions

(II) Ifthe 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 datawould 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 beengatheredoverthat shorterperiod. (F) Ozonepost-approval monitoring. Thc owner
or operator ofa proposed major stationary source or major modification ofVOC who satisfies all conditions ofOAC 252: 100-8-54 and40 CFR51. 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 ofa 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 arehaving, on airquality in any area. (3) Operation ofmonitoring stations. The operation ofmonitoring stations for any air quality monitoring required under this Part shall meet the requirements of40 CFR58 Appendix B as itexistedJanuary 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 ofTitle 40 oftbe Code ofFederal Rcgulations (40

June 15, 20II 1199 OklahomaRegister(Volume 28. Number 19)

### PermanentFinalAdoptions

CFR) is incorporated by reference, all citations contained therein are also incorporatedby reference. (b) Terminology related to 40 CFR. When these terms

are used in rules incorporated by reference from 40 CFR, the following tenns ordefinitions 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, orinstallation" 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"majormodification" 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 byreference as they existon 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 contextclearlyindicatcs 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 sourceis amajor 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 ofnitrogen (NOx) shall be considered significant for ozone. (ii) Aphysical ehange or change in the method ofoperation shall notinclude: (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 ofa natural gas curtailment plan pursuant to thc Federal Power Act; (lll) use ofan alternative fuel by reason of

an orderorrule under section 125 ofthe Act; (IV) use of an alternative fuel at a steam gencrating unit to the extent thatthe fuel is generatedfrom municipal solidwaste; (V) use ofan alternative fuel or raw material by a sourcewhichthe source was capable of accommodating beforeDecember21, 1976, unless such change wouldbeprohibitedunder 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 ofoperation or inthe productionrate 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 ofa 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 underOAC 252: 100-8-56 for aPAL for thatpollutant. Instead the definition at 40 CFR 51.165(f)(2)(viii) shall apply. (C) For the purpose ofapplying the requirements ofOAC 252: 100-8-54.1(a) to modifications at major stationary sources ofNOx located in ozonenonattainmentareas or in ozonetransportregions (as defined in 42 U.S.C. § 751Ic), whether or not subject to subpart 2, part D, title I ofthe Act, any significant net emissions increase ofNOx is considered significant for

ozone.

OklahomaRegister(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 ofVOCs 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 ofthe Act. "Netemissions 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 ofoperation at a stationary source as calculatedpursuant 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) ofthat 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) itis contemporaneous; and (ii) the Directorhas notrelicd on it in issuing a permitunderOAC 252: 100-8, Part9, whichpermit is in effect when the increase in actual emissions from the particularchange occurs. (D) An increase in actual emissions is creditable only to the extent that the new level ofactual emissions exceeds the old level. (E) A decrease in actual emissions is creditable only to the extcntthat: (i) the old level ofactual emissions or the old level ofallowable emissions, whichever is lower, exceeds the new level ofactual cmissions; (ii) it is enforceable as apractiealmatter at and afterthe time that actual constructiononthe particularchange begins; (iii) the Director has not relied on it in issuing any permitunderOAC 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. 

### PermanentFinal Adoptions

(F) An increasethatresults from aphysical 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) ofthe definition of "actual 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 ofthe following: (A} Nitrogen oxides or volatile organic compounds: 

### i.ID Any pollutant for which a NAAOS has been promulgated: (Q. Any pollutant that is identifiedunder this paragraph as aconstituentorprecursor ofa general pollutant listed under paragraph (A) or (B) ofthis 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 Administratorfor purposes ofNSR are the following: 

### ill Volatile organic compounds and nitrogen oxides are precursors to ozone in all ozone nonattainment areas @ Sulfur dioxide is aprecursor to PMU in all PM, 5nonattainmentareas. 

### !.ilil Nitrogen oxides are presumedto be precursors to PMuin all PM

### u nonattainmentareas unless the State demonstrates to the Administrator's satisfactionor 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 ambientPM

### u concentrations. or ill} PMuemissionsandPMlQemissions. including gaseousemissionsfromasourceoractivitywhichcondense to fonn particulate matter at ambient temperatures. Suchcondensableparticulatematter shallbe accounted for in applicability detenninations and in cstablishingemissions limitations forPMu andPMlQin nonattainmentmajorNSR 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 existonJuly 2, 2007.

June 15, 2011 1201 OklahomaRegister (Volume 28, Number 19)

### PermanentFinal 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 existon July 1, 2011.

252: 100-8-52. Applicability determination for sources in attainment areas causing orcontributing 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· corporatedbyreference as they existon 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 areahas notyetbeen designatednonattainment. (c) Sources locating in an attainment area but impacting on
anonattainment 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 aviolation ofan 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 proposednew source's start-up dateby an atmospheric simulation model. Forsources 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 willbe adjustedifadequate data are available to account forthe 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 ofthe new sourcc's start-up date. Therefore, ifadesignatednonattainment

area is projectedto be attainmentas partofthe state implementation plan control strategy by the new source start-up date, offsets wouldnotberequiredifthenew source wouldnotcause
anew violation.
[OAR Docket #11-698;filed5-18-11] 

### 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 MinorFacilities Part2. PennitApplieation Fees 252: 100-7-3. Pennitapplication fees [AMENDED] Subehapter8. Pennits for Part70 Sources Part 3. PermitApplication Fees 252: 100-8-1.7. Pennitapplication 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 AirAct, 27A O.S., §§ 2-5·101 etseq. DATES: Comment period: September 15, 2010 through October27, 20 I0 December 15, 2010 throughJanuary 19,2011 February 25, 2011 Public hearing: October27, 2010 January 19,2011 February 25, 2011 Adoption: February 25, 2011 Submittedto Governor: March 4, 2011 Submittedto House: Mareh 4, 2011 Submitted to Senate: March4,2011 Gubernatorial approval: April 12, 2011 Legislative approval: Failure ofthe 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 ofthe Air Pollution Control Rules that will alter the current fee structure to allow the agency to invoice certain "area sources" ofhazardous air pollutants. The proposed new section will require area sources that are subject to National Emission Standards for HazardousAirPollutants (NESHAP) butnotsubjectto 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.,

OklahomaRegister(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 aretheproposedrule changesto updateAppendix E alongwiththeRuleImpactStatement. As requiredbytheRules onRulemaking, theexistingAppendix Ewillberevoked andreplacedwith

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 Actrequires 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, nitrogenoxides, lead, sulfurdioxides, ozoneandparticulatematter, whichis dividedinto PM IO 

### and 

### PMzs.

The Clean Air Act further requires that the EPA periodically review and revise the NAAQS. On February9, 20I0, EPApromulgatedthenew I-hourNO

### z

### primarystandardof! 00ppb (75 FR6473). EPA promulgated the new I-hour SOz primary standard of75 ppb and revoked the 24-hour and annual standards onJune2, 2010 (75 FR35519). EPA is expectedto revisethe secondary standarqs for NO

### z

### and SOz next year.
Appendix E is currently part ofOklahoma's EPA-approved State Implementation Plan (SIP). The proposed changes arenecessaryto update theprimary ambient air quality standardsin the staterule to make them consistentwith, and as protective as, the federal standards. Upon promulgation, the

new Appendix E will be submitted to EPA as a revision to the SIP.

Noticeoftheproposedrulechanges waspublishedinthe 

### OklahomaRegisteronDecember 15,2010. Thenotice requested written comments from the public and otherinterestedparties. No comments have been received to date.

Staffwill request that the Council vote to recommend that the updated rulebe forwarded to the Environmental Quality Board for adoption as a permanentrule.

Enclosures: OAC 252:100-3. Appendix E. PrimaryAmbient Air Quality Standards [REVOKED] Proposed OAC 252:100-3. Appendix E. Primary Ambient Air Quality Standards [NEW] Rule Impact StatementAPPENDIX 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 ofProposed 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 ofthis Council, by authority vested in themby 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 abovebe adopted as:
_X.

__ permanent [take effect after legislative review]

emergency [temporary, to take effectupon 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 AdministrativeProcedures 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 ofwhatthis 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 QualityAdvisory 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 notmore stringent than corresponding federal rules.

SUMMARY OF COMMENTS AND RESPONSES:

COMMENT: 

### EPA Region VI supports this action.

RESPONSE: 

### None required.

### rmanentFinal Adoptions

s



## • TITLE 252. DEPARTMENT6F ENVIRONMENTAL QUAhUY

. 

### CHAPTER 100. AIRPOLLUTIONCONTROL 

### [OAR Docket#1I-701]

RULE.I\1AKINGACnON: PERMANENTfinal adoption RULES: AppendixE. PrimaryAmbientAirQuality St.a.ndards [REVOKED} AppendixE._PrimaryAmbicntAirQualityStandards [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 15,2010throughJanuary 19.2011 Fehruary25,2011 Public: beariDg: January 19,2011 February25.201 I Adoption: February25,2011 Submittrd toGoveruor: March4, 2011 Submlfttdto House: March4, 2011 Suo ·'fed roScuRte: ,h4.>01] "notorialapproval: r'fiI12.20]1 Legislative apPllWal: FailuIO oftheLegislature to disapprove theruJe(s) resulted in appTOV8[ on May 3,2011 Final adoptioo: May3,2011 Effecth'c: July], lOll SUPERSEDED EMERGENCYACTIONS' nI, INCORPORATIONS BYREFERENCE: 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** Ethatadds a I-hour nitrogen dioxide standard of 100 ppb, a sulfur dioxidestandardof75 ppb. and removesthe24-hourand annual sulfurdioxide slandards. The Conn ofthe new nitrogen dioxide primary standard is ouained when the threeyearaverageofthe9S lh perccotileofthedaily maximum**l~hour** average concentration al each monitor within an area does 001 exceed 100 ppb. TheCormofthe new sulfurdioxideprimaryslandntd isattainedwhenthe threeYCIlravomge ofthe 99th percentile oCthe daily maXimuQI l..f1ouraverage**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.

. CONTACTPERSON, Cheryl E. Bradley. Department ofEnvironmenlal 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:

### PermanentFinal Adoptions

APPENDIXE. PRIMARYAMBIENT AIR QUALITY STANDARDS [REVOKED]



### - .---=- APPENDIX**E~** PRIMARYAMBIENTAIR 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 peryear
(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 ofthe 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 yearwith 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 ofthe 99th percenUie oflhe daily maximum I-hour liIoerage at each monitorwithin an area does not exceed 75 ppb, as detenninedln accordance With 40 CFR 50, Appendix T. (9) The standard is aUained when the Joyeara\9rage oflhe 98th percentlla ofthe dally maximum I-hour ·awrage concentration at each monitorwithin 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'QRegister(VoJlII1Ie28. Number19)

# AIR QUALITY DIVISION

2011

State Implementation Plan



# OklahomaAdministrative Code 252:100-3 (2004)

Submittedto 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 ofa proposed PERMANENT ruIemaking action, an agencylI:llJ.>I pUblish

a Notice ofRulemaking Intentinthe Regisfer. In addition, an agencylllW1publish a Notice ofRulemaking Intentinthe Regisferpriorto adoption ofa proposed EMERGENCY orPREEMPTIVE rulemaking action.

. .. . A Notice of Rulemaking Intent announces a comment period, or a comment period and public hearing, and provides other information aboutthe intended**rule(TI,,~ing** action as requiredby law, includingwhere copiesofproposed rules may beobtained. Foraddifionalinformafion on NDfices ofRulemaking Infent, see 75 O.S., Section 303.



### TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY CHAPTER 100. AIRPOLLUTION CONTROL
[OAR Dockef#04-1074]

RULEMAKING ACTION: Notice ofproposedPERMANENTrulemaking PROPOSED RULES: Subchapter3. Air Quality Standards and Increments 252:100-3-4 [AMENDED] Subchapter 7. Permits for MinorFacilities Part I. General Provisions 252:100-7-2 [AMENDED] Subchapter 41. Control of Emission of Hazardous Air Pollutants andToxic AirContaminants Part I. GCIleral Provisions 252:100-41-1 [REVOKED] 252:100-41-2 [REVOKED] 252:100-41-3 [NEW] 252:100-41-4 [NEW] Part5. Toxic AirContaminants 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:I00-41-44 [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) ofSection 3-4 ofSubchapter3. 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 Departmentproposesto addlanguage to subparagraphs 7-2(b)(\)(B) and (C) ofOAC 252:100-7-2 that willmake clear that de minimis cotton gins thatcomply 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 andrelocatetheserequirements into the new Subchapter42 and Appendix O. Subchapter41 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 beretained in Subchapter41. Also
two new seotions will be added as 252:100-3 and -4. AUTHORITY: Environmental Quality Boardpowers and duties, 27A O.S., §§ 2-2-101, 2-2-201; and OklahomaCleanAirAct, §§ 2-5-101
etseq. COMMENTPERIOD: 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 consideredby 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 August24,2004 Environmental Quality Boardmeeting. PUBLIC HEARINGS: Before the Air Quality Council at9:00a.m. on Wednesday. July 21, 2004 at the Department of Environmental Quality. Room 101, 707 NorthRobinson, OklahomaCity, Oklahoma

- Before the Environmental Quality Board at 9:30 a.m. on August 24. 2004, at the Gordon Cooper Technology Center. OneJohnC. Bruton Blvd., Shawnee. Oklahoma74804 REQUEST FOR COMMENTS FROM BUSINESS ENTITIES: The DEQ requests that business entities or any other members ofthe publio affected by theserulesprovidetheDEQ, 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 J 5,2004 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-basedpainttraining 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 thereference to t eDepartment's Radiation Managem tRules. AUTHORITY: Environmental Qua 'ty Boardpowers a duties, 27AO.S., §§ 2-2-101, 2-2-201; a the Lead-Bas Paint Management Act, §§ 2-12-101 etseq. COMMENT PERIOD: Written comments wil be accep d prior to and at the hearing on July 21,2004. 11 bethor ghly considered by staff prior to thc hearing, written mm ts should be submitted to thecontactpersonby July 14, 0 Oral comments may be Air Quality Council hearing Environmental Quality Board PUBLIC HEARINGS: Before the Air Quality C neil t 9:00a.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, OneJohn 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 affectedby theserules rovide theDEQ, 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 othercos expected to beincurred by aparticul entity due to complia e with theproposedrules. 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. LEIMPACT STATEMENT: The Rule Impact Statement may be obtained from the contactperson. CONTACTPERSON: 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: NoticeofproposedPE ANE PROPOSED RULES: Subchapter3. Defmitions 252-110-3-1 [AMENDED] Subchapter5. Incorporatio 252:110-5-1 [AMENDED SUbchapter9. 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 itionalLBPCertificatio 252:110-11-1 [ NDED] 252:110-11-4 [ NDED) 252:110-11-6[ NnED]

Ibchapter 1 . Additional WorkPractice Standard _52: 110-13- [REVOKED] 252:110-1 -5 [AMENDED]**ot~** >,. cosu; expected Lo be incurred by aparticularentity due to

,iance with theproposedrules. COPIES OFPROPOSED 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 ofthe rule impact statement may be obtained from thecontact 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 attendbuthave adisability and need an accommodation, please'Ilotify the Air Quality Division three (3) days in advance at (405) 702-4100.

IOAR Docket#04:-J074

..filed5-28-04

### J

Oklahoma Register(Vo/wme 21. Number 16) 1922 June 15, 2004July 

### 1, 2004

MEMORANDUM ,.,

TO:

FROM:



### RE: Air Quality COlUlcil 

### t1 

# 6/'
Eddie Teni.U, Director 

### Air QualityDivision

Modifications to Subchapter 3

Enclosed are copies ofthe proposed amendments to OAC 

### 252:100-3, .AJr Quality Standards and Increments and the rule impact statement.

TheDepartmentproposes to correctareference errorin subsection (a) ofSection

### 3-4 ofSubchapter 

### 3, This citatiOliwas overlookedwhen the

### PSD requirements thatwerepreviouslylocated

### in

### Part5 of Subchapter 

### 7 were moved to 

### Part 7 ofSubchapter 

### 8.

Notice ofthe proposedrule changes waspublished 

### in the OklahomaRegisteronJlUle 

### 15, 2004, and comments were requested from members ofthe public.

Atthe July

### 21,2004, Air Quality Council Meeting, staffwill 

### ask the Council to recommendthese changes to the Enviromnental QualityBoard for adoption as apermanentrule,

Enclosure: 2SUBCHAPTER 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, 2004Twenty-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"REGULARI\ffiETINGI B:EARINGAGENDA AJR QUALITY COUNCIL

July 21, 2004, 9:00 a.m. Multi-Purpose RoomDEQ Building 707 N. Robinson Oldahoma City, Oklahoma

Please turn off youI'cell phones.

1. Call to Order

- SharonMyers

2. Roll Call-Myrna Bruce

3. Approval ofMinutes

- April 14, 2004 Regular Meeting

4. Resolution for Mr. Kilpatrick

- Sharon Myers

5. PublicRulemaking Hearings

A. Chapter 110. Lead-Based Paint. OAC252:110-3. DefInitions [AMENDED] OAC252:110-5. IncorporationBv Reference [AMENDED] OAC 252:110-9. Additional Accreditation Requirements [AMENDED] OAC 252:110-11. Additional LBP Certification Requirements [AMENDED] OAC252:110-13. AdditionalWork 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

- CherylBradley 2. Questions and discussionby Council/Public 3. Possible action by Council 4. Roll call vote for permanentadoption

B. OAC 252:100-3. AIr Quality Standards and IncremeIlls [AMENDED]

The Departmelltproposes to cortect areference error in subsection Ca) ofSection 3-4 ofSubchapter 3. This citation was overlooked when the PSD requirements that were previously located in Part 5 ofSubchapter 7

were moved to Part 7 ofSubchapter 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 Departmentproposes 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 ofSubchapter 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 tocomply with the requirements of Subchapter 25 Visible Emissions and Particulates and Subchapter 29 Control ofFugitive Dust:-Suhchapters 23 and 24 setvisible 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 forpermanent adoption

D. OAC 252:100-41. Control ofEmission ofHazardous Air Pollutants and Toxic Air Contamiaants [AMENDED] OAC 252:100-42. Control ofToxic Air Pollutants (TAPS) [NEVIl Appendix O. [NEVIl

The Departmentproposes amendments to Subchapter 41 Control ofEmission of Hazardous AirPollutants 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 forpermanent 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. October20, 2004 atthe ForestHeritage 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 at405-7024212. Forhearing impaired, the TDD Relay Number is 1-800-722-0353 forTDD machineuse onl)'.

2

### DRAFT MINUTES AIR QUALITY COUNCIL July 21, 2004 DepartmentofEnvironmental Quality 707 North Robinson Oklahoma City Oklahoma

Draftfor EQB August 24, 2004 For AQC Approval October 20, 2004



### Notice ofPublic 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 leasttwenty-fourh0111's prior to themeeting.

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 anofficial partofthese :Minutes DEQ STAFF PRESEl'o"l' Eddie TerrlU Beverly Botchlel-Smith ScottThomas Joyce Sheedy Bnul Cook PatSullivan Cheryl Bradley Kena Roudebush Kendall Stegmann MattPaque**Da~'soo** Lasseter Rhonda Jeffries DavidDyke MymaBruce


### Mr. Terrill introduced the newest Council member, 

### Mr. Bob Curtis and advised that the othernew 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. Breischmade 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 BillBreisch BobCurti.5 Sharon Myers Bob L)'Dcb Yes Yes Y", Yes Motioncarried,

### 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 ofservice.

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 lastFinance Committee meeting and other budgetinfonnation. Comments and questions were acknowledged.

OAC 252:110 Lead-Based Paint OAC 252:110-3. Definitions [AMEl\'DED] OAC 252:110-5. Incorporation B,- ReferenceIAMENDED OAC 252:110-9. AdditionalAccreditation 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 staffpresentation 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 presentedbyMs. Cheryl Bradley. Mr. Braneckymade the second.**Roll~.** Joel Wilson Yes Gary Martin Yes David Bnmecky Yes Rick Treeman Yes Bill Breisch Bob Curtis SharonMyers 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 ofSC 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. loelWilson Yes GaryMartin Yes DavidBrnnecL.")'**y~** Riel: Treeman Yes BillBreisch BobCun;, SharonMyo...rs BobLynch 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 movedfor adoption and Mr. Breisch seconded.

Roll coll. Jocl WiISOD Gary Martin David BJ"aIlccky Rick Treeman Yes Yes Yes Abstain BillBreisch Bob Curtis Sharon Mycrs BobLyncb Yes Yes Yes Y" Motion carrIed.



### OAC 252:100-41. Control of Emission ofHazardous Air Pollutants and Toxic Air Contaminants [Al\1ENDED] OAC 252:100-42. Control ofToxic AirPollutants (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 BobLyncb 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 ofthese 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.! 

### July21, 2004

2

21 MEMBERS OFTHE COUNCIL

12 MYRNABRUCE

- 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 

### apennanent 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.

RICKTR,CEMAN • MEMBER 9 JOELWILSON

- MEMBER 10

11

13 EDDIE TERRILL

- DMSIONDIRECTOR 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 OFPROCEEDINGS) 

### 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 ofSUbth4plEr 7to 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.entPIOPOW 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 AirQuality S<B!Il!-rds 3Ild 6 1ncr=ts. And,.., call llJ:lOC Dr.**JO)l~** PROCEEDINGS

25 7**Sh~dy,** m:'11 gh." tho staffposllilln 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 partiesr 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 WHEREOFDJ 6:17 0 change [1] 4:1 recommend [1] 4:3 whole [lJ 6:7'.J3 [2] 3:5,13 changes (1] 4:10 -L- recorded [II 6:9 Wilson [3J 2:94:17.18 CHERYL [lJ 2:17 ladies [1] 3:10 reference [2J 3:12.17 WITNESS [11 6:17 3-4 [1) 3:18 Christy [3] 1:246:4,21 Lynch[6] 2:54:9,13,)5 regarding [1] 3:19 written [IJ 4: 10 31st[Il 6:19 City [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:J6,16 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 set [II 6:18 9:00 [1] 1:15 -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 ContactInformation
Address and/or Phone Il1Idlor E-Mail

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### 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.

### )!~7THE AIR QUALITY COUNCil..



### .**I~.ULEMAKING** RECOMMEl\'DATION 

## o THE ENVIRONMENTAL QUALITY BOARD

Identification ofProposed RuIemaldng:
Chapter Number and Title: OAC 252-100-3 Air Quality Standards and Increments

On 

### JOly 21. 2004. the members oftbis 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 effectupon 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 oftile Oklahoma Administrative Procedures Act have been followed.

This Council authorizes the Department to prepare this recommendedrulema.ldng for theBoard, making any changes approve.d by the Council, correcting typographical, grammatical and reference errors, and formatting 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 Councilrecommends 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 -eJ

# V

VOTThlG AGiuNST:

ABSTAThHNG:

ABSENT:REGULARMEETING AGENDA OlTI..AHOMA DEPARTMEI\'T OFENVIRONMENTAL QUAliTY ENVIRONl\1:EI\'TAL QUAliTYBOARD

APublic Meeting: 9:30 a.m., TUesday, August24,2004 Seminar Center

- Gordon CooperTechnology 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 RegularMeeting

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 locatedin Part 5 ofSubchapter 7 were moved to Part7 ofSubchapter 8.

o The DEQproposes to add language to Section 7-2 to make clear that de minimis cotton gins that comply with the requirements ofSubchapter23 (Control ofEmissions from Cotton Gins) and de minimis feed and grain facilities that comply with the requirements ofSubchapter 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 intentionthat de minimis facilities be held to more stringent standards than facilities Mthlarger emissipns thatrequire permits. A. Presentation

- David Branecky, Vice-Chair, Air Quality**Ad,~sory** Council B. Questions and discussion by the Board C. Questions, comments and discussionby thepublic D. Discussion and action by the Board, which may include a roll call vote on permanent adoption

5. Rulemaking

- OAC 252:110 Lead-Based PaintManagement The DEQproposes to amend Subchapters 3 and 5 to update the incorporations by reference of40 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 painttrainingprograms and certificaterequirements, respectively. Amendments to Subchapter 13

are for consistencyMth DEQ Radiation ManagementRules and EPA standards. A. Presentation

-**Da,~d** Branecky, Vice-Chair, Air Quality**A<h~sory** Council B. Questions and discussion bytheBoard C. Questions, comments and discussionby the public D. Discussion and action by the Board, which may include a roll call vote on permanent adoption

6. DEQ Operational BudgetRequest DEQ budgetrequests to the Governor through the Office ofState 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

Imost 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 bythe public D. Discussion and action by the Board, whichmay include a roll call vote on approval

7. CalendarYear :?O05 Board meeting dates and locations: Discussion and vote bythe Board

8. New Business (any matter not lmown**abou~** or which could not have been reasonably foreseen, priorto the time ofposting ofagenda)

9. Executive Director's Report

- Steve Thompson

10. Adjoumment

Public Forum (after adjounllnent); The Boardmeets four times ayear at different locations actoss the State to hear the views and concerns ofall Oklahomans about environmental issues. This opportnnity is informal, andwe invite you to sigo theregisterto 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.

2TITLE 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.TITLE252. DEPARTMENT OF ENVIRONMENTAL QUALITY CHAPTER 100. 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) Part355 (Emergenc)'PlanningandNotification); (2) Part 370 (HazardollS Cbemical Reporting: Com· munity Right-to-Know); (3) Part 372 .(Toxic Chemical Release Reporting: CoIIlrilunityRigbHo-Know), (c) Interface ,dth CFR, In the Partll ·of40 CFR incorporated by reference. the term "Commission" shall mean the Department, (d) 'References incorporated. Incorporation .by reference ofaprovisionofthe Code**ofF~era1RegU1atioD5** alsoincofpOrates all citanons anddefinitions contained therein. (e)Penolties. Penalties cited In 40 CFR are subjectto limi· tations underOklahomalaw.

Z5Z:Z0·1·6. Address fnr submittingreporlingforms- (a) Non-conlidenlhil All non..confidentialforms, Sanitized "ersions ofmatedBls submiited under a Claimofcontidentilllil)'. and separate TIer lWo ConfidentialLOcation Inform.tion Sheets (see 40 CFR,370,41), 'ball be submitted to the OklahomaDepartm!,ntof:6nvirownentalQuall!)'. 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. ofconfidentiality, 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,

. 

### PermanentFinalAdoptions

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'1lhroughJune22, 2004 Public.hearing: Jun:: 22. 2004 Adoption.:

.June 22, 2004 SUblnittedto 'Governor: June. 23,2004 SubmittedtoBowe: June23, 2004 SubmltaJdto Senate: Jtple23.**200~** Gubernatorial apPoo'ral: August5. 2004 Legislative appro-ral: Failure ofthe 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 &MRRGENCYACTIONS, -None INCORPORATIONS BYREFERENCE, Incorporatell-standardsl**4O.CFR~ 355:.~70** **Illld~n** B!; ofJulr. 2003 Incoiporatlug rules: 252:211·'-' Availability: From,the contactperson ANALYSIS' ·On FebI1llU1' II, 199.9, EPA raised the thre&halds thaL nigger Maleria]

. SafetyData Sheet'(MSDS) reponing andannual chemicaliJIvmUoty: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,ofthesenewthrez;holdswastorelievemost retail gas ltalians.from-1eporting gasoline. and diesel fuelunder-EPCRA. The c.:bangereducedreponingburdCIlS whileptetervicgthe**~prtan1** publir:: healLb and safel}'**~CDciits** of the bazSIdous -cbcmjca1 reporting reqidrewents. The DEQliasfollowed the**f~rzaI** ruleclJacige.bUldidDOt-updB..t£'itlruletoreDea this dlange. Theproposechmendmeutin OAe 252:20-1-3 changesthedaleof

,incorporationbyreferenceto**inolud~EPA's** 1999 changes.. However, sincethe**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 inourinr::orporatioob)'reFerenc:. Olhcr proposed amendmeDt$ involvechangingaddre.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 Codeof Federal Regulations (40 CPR) shall mean (unless otherwise ,pecificall)' provided) the Superfund. Emergenc)' PlllIlIl.ing, RIJLEMAKINGACTION, PERMANENTfinaJadoption RULES, ' Sub.chapt:er3. AirQuality Stanllardi andlncremems 252,1OO-'H. [AMSNDEOJ AlITHORlTY, Env:iromnentsl Qualil)' Board; 27A O,S, ii 2-2-101,,2·2·201 .and 01dehomaCleanAir.Ac:t. 27A O.S. § ;:-S-lOl.erleq. DATES,

. Commentperiod: June 15, 2004**throu~hJul}'** 21, 1.004 Pabliebearing: July 21.**~and AU~USl24.**  2004

May16, 2005**110~ OklD.liomG.Regisu:r(Voium~**  22, Number17)

### PermanentFinal

## A,?-optioll5

SUBCHAPTER3. AIR QUALITYSTANDARDS



### . ANDINCR,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-fourhourmaximuni: maximum allowable increase is 8 miCf02T!!II!:i pC! cubic meter. !ID' ,Sulfw dioxide: ill annuBl arithmetic mean: maximum allowable increaseis 2 micrograms per cubic meter. 

### !ill. twentv-fourhourmaximUm: 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 llri1ffiHetiemeQR

.**1'y<~'** feW- ae1:lfmlHtmHHB:
'I1l:ree liei:rrmaJioimum

}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- rellrhol!t' mu:imum
Sl:l!fur eentee:

4
& Muimum lUltiwllble

iBeFBIlSB (miet'tlgf'ams 1;1ef' 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: August24. 2004 SulJmitted to**GO~'Ilmo~:** August 30, 2004 Submitted toHOlls., AugUS130, 2004 Submittedto SeDate: Augl1!ll)"0, 2004 Gubernutoriwapprovlll: OctoberG,2004 uglslatbcapproval' Failure of!heLegislature to disapprove the rules resulted in appro\-al on March3D, 2005 Final adopdonl Mart:h 30,2005 Effective: June 15.2005 SUPERSEDED EMERGENCYACTIONS: None INCORPORATIONS BY REFERENCE:**'No~e** ' ANALYSIS: The DepllrtJD.enl proposes to correct a refemlce error in subs:ction (a) ofSection 3-4 ofSubchapre.r 3. Thil; citatiol1 was o=looked wheo. thePSD requiremenlB thaL were previously lncated in Part 5 of Subchllpte:r 7 were moved 10Part7 nfSubchapter8. CONTACTPERSON: 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. Significantdeteriorationincrements (a) Significant deterioration. as used in the pbrilJle Prevention ofSignitiC1lDtDeterioration (PSD}, means,llIl increase in ambientairpollution above Iiba.seliIleplus II.specificincre.ment allowedforoneoftbreecl!lSses ofareas. See OAC ::'$2:IG9 7,**~252:1QO·8.** Part 7. (b} The allowabJeincrements are asfollows:

OkiaJIDIM.Reei.ler(Voi/Ull! 22. Number-],) 1108iliil**~-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-fouthour-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-fOurhour mYimum:''maXimum allowablejncreas¢.js91 mcrograms percubicmeter. .filil three-hour maximtim: maXimum allowable increaseis 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~four** hourmaxmium:**max~** imum allowableincrease is 60 micrograms percubic meter 

### 00 Sulfur

### dioa:ide: ill annUlil arithmetic mean ; maximumtillowable increAseis 40 "micrograms per CUbic meter: @ twenty-fuui hour

### maxiniu.m: mUiniirin allowa.ble increaseis 182 microgwns per cubic meter

• .illil. three-hoUr maXimtiin: maximum allowable increaseis 700microgram.:' 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;filed4>20-05]

TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY CHAPTER 100. AIRPOLLUTIONCONTROL
[OAR Docket#05-684]

RULEMAKING AenON, PERMANENTfinal adoption RULES, Sub::bapter7. Permits forMinorFacilities PartL General Provisiom 252:l00-1-2. [AMENDEDl 

### Permanent FinalAdoptions

AUTHORITY: Environmental Quality Boan1; 27A "o.s.**§~** 2-2-101. 2-2-201 and Oklahoma Clean AirACl, 27AO.S. §2-5-1 01. elseq. DATES' CClmmentperiOd: June 15,'2004 throughJuly '21, 2004 Publlchearlng= July21. 2004 and August'24, 2004 Adoplion: August24.2004 Submitted to Governor: August30, '2004 Submittedto'House: August30, 2004 Snbmltbld fo Senatel August30,2004 Gubernatorialappro'\'Dl: October6. 2OQ4 Leglslativeapproval: Failure offbe Legislature to disaplifOVe til:: roles reiultei! in npproval on Marcb.30.2OO5 Finw Bdopdonl M>rch 30, 2005**Em~cttve:** June 15.2005 ,sUPERSEDED EMERGIlNCYACTIONS' Non, INCORPORATIONSBYllEFERENCE, No", ANALYSIS' The Departmenl proposes Ul add language to subplU1lgmpb5 7-2(b)(1)(B) and (C) ofOAC 252:100-1-2 thatwill"make clear that demiJlimis cotton gins thalcompJj· with therequirements ofSubchapter23 Control C1fEmissiCIWfrom CottonGins and de minimis grain,feed orseed fuoUities thBlctlmplywith the requirementsofSubchapter24Partiaaatt MatterEmissiOns 'frOOl Gnrin, Feed

er Seed OpenuiODS will nnt be rcquUed to IXJmply·with the requirements of Subchapter25 Visible EmiBSiOnB BOdParticulateS and Subchapter29 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. Il i.5 notthe Depanment's inLention thai. da minlmis**faciliti~** be beld to moreaDingenlstandards than facillties with emj$SiODS laqeenougb Ul requjfC permits. The addedlanguagecorrects lhi.! inequity.

- CONTACTPERSONI

. 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 OFJUNE 15, 2005:

SUBCHAPTER7. PERMITS FORMINOR FACILITlES

PARTl. GENERALPROVISIONS

252:100-7·2. Requirementforpermits for minor

. faclIities (a) Permit required. Except a, provided in OAC 252:100-7-2, DO persmi may commence construction or modi:fi.cBtioD ofany minorfacility, may**op~rate** any newminor facility. or may relocate any minor portable source without obtaining a permitfrom the DEQ. For additional application

May 16.2005 1109 Ol:iailomaRegister(\.oolul1It2;, Nwnbtr17}