APPENDIX A

EVALUATION OF FEBRUARY 14, 2002 SIP REVISIONS BY RICK BARRETT, 

EPA REGION 6 AIR PERMITS SECTION 

FOR EPA SIP ACTIONS ON REVISIONS TO

OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY

OKLAHOMA ADMINISTRATIVE CODE TITLE 252

CHAPTER 4 - RULES OF PRACTICE AND PROCEDURE

AND

CHAPTER 100 - AIR POLLUTION CONTROL

Prepared by:

Richard A. Barrett, Air Permits Section, 6PD-R

U.S. Environmental Protection Agency, Region 6
1445 Ross Avenue, Dallas, Texas 75202-2733

(214) 665-7227

Current SIP Citation

Title/Subject

New or Revised 

Citation

Title/Subject

Technical/Legal 

Conclusions

Comments on Revision Differences between

Current and Revised SIP

Oklahoma Administrative Code, Title 252 (OAC 252)

Department of Environmental Quality

Chapter 4 (OAC 252:4) Rules of Practice and Procedure (New),

partially replaces Reg 1.4, Air Resources Management Permits Required.

Subchapter 1. General Provisions (New)

New citation 252:4-1-1

Purpose and 

Authority

Complies with 40 

CFR Part 51, 

Subpart L. Legal 

Authority

State effective date: 06/11/01. Describes 

the practices and procedures of the EQB, 

Advisory Councils (Councils), and the 

DEQ; authorized under the State 

Administrative Procedures Act and State 

Environmental Quality Code.

New

1992 Oklahoma Clean 

Air Act 63 O.S.A. 

1992, Section 

1-1804.1 [Definitions] 

and Environmental 

Quality Act, 27A 

O.S.A. 1992, Section 

3 [Definitions]

252:4-1-2 

Definitions

Complies with 40 

CFR 51.163. 

Administrative 

procedures

State effective date: 06/11/01. Lists and 

explains terms used in Chapter 4.

Reiterates and amends existing 

definitions and creates new 

terms.

1992 Oklahoma Clean 

Air Act, 63 O.S.A. 

1992, Sections 1-

1807.1 [AQC], and 1-

1808.1[Powers and 

Duties of AQC]; 

27A O.S.A. 1992, 

252:4-1-3 

Organization

Complies with 40 

CFR 51.163. 

Administrative 

procedures

Complies with 

Federal Clean Air 

State effective date: 06/11/01

Describes the organization of the EQB, 

Councils and the DEQ. 

Outlines additional 

responsibilities of the EQB, 

such as budget requests, 

assisting DEQ in reviews and 

emergency rules. Added 

Radiation Management and 

Laboratory Services Advisory
Current SIP Citation

Title/Subject

New or Revised 

Citation

Title/Subject

Technical/Legal 

Conclusions

Comments on Revision Differences between

Current and Revised SIP

Sections 7 [EQB], 9 

[DEQ], and 10 

[Advisory Councils].

Act

of 1990 (42 

U.S.C.) Section 

128. State Boards

Councils; specified the 

jurisdictional areas of all 

Advisory Councils.

New citation 252:4-1-4 Office 

location and 

hours; 

communications

Complies with 

40 CFR 51.163. 

Administrative 

procedures

State effective date: 06/11/01

Location, mailing address, hours of 

operation; how to communicate with 

the EQB and Councils.

New

1.4.2(e) Public 

Review., and 

paragraph 1.4.2(e) 

(1)(A)

252:4-1-5 

Availability of a 

record

Complies with 40 

CFR 51.161. 

Public availability

of information,

except 252:4-1-5 

(a).

State effective date: 06/11/01. 

Records of the EQB, Councils, and 

DEQ must be available at DEQ 

principal office; permit application 

data (UEPA) (27A O.S. § 2- 4-101 et 

seq.). Records removal, copying, 

copying fees, confidentiality, and 

certification.

252:4-1-5 (a), 2nd sentence, refers to the 

UEPA, Tier I definition (27A O.S. 2-14-

103.9.), which does not require 

opportunity for public comment, which is 

a deficiency.

Currently requires State 

Commissioner of Health 

(Commissioner) to make 

records available in the 

particular county.

New citation 252:4-1-6

Administrative fees

Complies with 40 

CFR 51.163. 

Administrative 

procedures

State effective date: 06/11/01

Specifies the fees charged for 

photocopying, certified copies and 

document searches

New

New citation 252:4-1-7 Fee 

credits for 

Complies with 40 

CFR Part 51, 

Subpart L. Legal 

State effective date: 06/11/01

Explains that the Executive Director may

authorize the DEQ to apply credits 

New
Current SIP Citation

Title/Subject

New or Revised 

Citation

Title/Subject

Technical/Legal 

Conclusions

Comments on Revision Differences between

Current and Revised SIP

regulatory fees Authority towards future invoices for recurring 

fees. Any credit applied must be reported 

to the Board.

1992 Oklahoma Clean 

Air Act,

Section 1-1807.1 

[AQC]; 1992 

Oklahoma 

Environmental Quality

Act, 27A O.S.A. 

1992, 

Section 7. [EQB] and 

10. [Advisory

Councils].

252:4-1-8 Board 

and Councils

Complies with 40 

CFR Part 51, 

Subpart L. Legal 

Authority

State effective date: 06/11/01

Specifies the term as chair of the Board 

and succession of officers on the 

Councils, and appointment of Ad hoc 

committees to assist the Board or 

Council.

Adds a new requirement that 

the chair of the Board can 

serve no more than 3 

consecutive years, and that 

Council officers may succeed 

themselves at Council 

discretion. Adds that Ad hoc 

committees may be appointed 

to assist the Board or a 

Council for any lawful 

purpose.

New citation 252:4-1-9 

Severability

Complies with 40 

CFR Part 51, 

Subpart L. Legal 

Authority

State effective date: 06/11/01

Specifies that the provisions of OAC 

Title 252 are severable.

New

Subchapter 7. Environmental Permit Process

Part 1. The Process
Current SIP Citation

Title/Subject

New or Revised 

Citation

Title/Subject

Technical/Legal 

Conclusions

Comments on Revision Differences between

Current and Revised SIP

Reg. 1.4. Air 

Resources 

Management Permits 

Required, 1.4.1. 

General Permit 

Requirements, 

1.4.1(a). Scope and 

Purpose: 1.4.1(a)(1) 

252:4-7-1

Authority

Complies with 40 

CFR Part 51, 

Subpart L. Legal 

Authority.

State effective date: 06/11/01. 

Implements the new UEPA (27A O.S. § 

2-14-101 et seq.)

Revised into a single sentence; 

the rules apply to applicants 

for, and holders of, DEQ 

permits and other 

authorizations.

Reg. 1.4. Air 

Resources 

Management Permits 

Required, 1.4.1. 

General Permit 

Requirements, 

1.4.1(a). Scope and 

Purpose: 1.4.1(a)(1) 

252:4-7-2.

Preamble

Complies with 40 

CFR 51.161. 

Public availability

of information,

except 252:4-7-2. 

Preamble, 

2

nd sentence.

State effective date: 06/11/01. Outlines 

the Tier requirements of the new UEPA 

(27A O.S. § 2-14-101 et seq.).

252:4-7-2 Preamble, 2nd sentence, relates 

that Tier I is a category with no public 

participation, except for the landowner, 

which is a deficiency.

The UEPA requires that DEQ 

licenses, permits, certificates, 

approvals, registrations fit into 

a category, or Tier. In general, 

Tier I are administrative 

decisions, Tier II require some 

public participation, Tier III 

require extensive public 

participation.

1992 Oklahoma 

Clean Air Act, 63 

O.S.A. 1992, Section 

1-1813. [Permitting 

Program], subsection 

A.

252:4-7-3.

Compliance

Complies with 40 

CFR 51.160. 

Legally

Enforceable 

Procedures.

State effective date: 06/11/01

States that applicants and permittees are 

subject to the laws and rules of the DEQ 

as they exist on the date of filing an 

application and afterwards as revised.

Revision streamlines existing 

rule and clarifies that all 

applicants and permittees are 

subject to the rules of the 

permitting program.

1.4.2(c). Permit 

Applications,

1.4.2(c)(1) and (c)(2)

252:4-7-4.

Filing an 

application,

(a) Tier I and (b) 

Tier II & III

Complies with 40 

CFR 51.160. 

Legally

Enforceable 

Procedures.

Complies with 40 

State effective date: 06/11/01

Requires filing of the Tier I, II and III 

applications and specifies number of 

copies to be submitted for each Tier; 

however, lacks requiring a copy for 

public review for Tier I applications, 

Current SIP requires the 

application be filed with 

supplemental data, and 3 

copies.
Current SIP Citation

Title/Subject

New or Revised 

Citation

Title/Subject

Technical/Legal 

Conclusions

Comments on Revision Differences between

Current and Revised SIP

CFR 51.161. 

Public availability

of information,

except 252:4-7-

4.(a).

which is a deficiency.

1.4.1(d) Permit fees 252:4-7-5.

Fees

Complies with 40 

CFR Part 51, 

Subpart L. Legal 

Authority.

State effective date: 06/11/01

Fees shall be submitted with the 

application and, except as herein 

provided, will not be refunded.

Revises the initial processing 

fee for a major, minor or 

relocation permit; the 

additional fees charged by

respective permit type; and 

methods of payment to the 

respective reviewing agency.

1.4.2 (c). Permit 

Applications,

1.4.2(c)(1) and (c)(3)

252:4-7-6.

Receipt of 

applications

Complies with 40 

CFR 51.160. 

Legally

Enforceable 

Procedures.

State effective date: 06/11/01

Requires each DEQ program to date 

stamp, assign and record each application 

and appropriate fee received.

Revises the requirement to file 

a permit application, etc., 

supplied by the Commissioner 

and provide 3 copies to Air 

Quality Service.

1.4.2 (d) Action on 

Applications,

1.4.2(d)(1).

252:4-7-7.

Administrative 

completeness 

review

Complies with 40 

CFR 51.160. 

Legally

Enforceable 

Procedures.

State effective date: 06/11/01

Requires 60 days from the date stamp to 

determine administrative completeness 

and to notify the applicant of any

deficiency, information needed and 

completeness.

Revises the section name and 

provides a 60 day time limit.
Current SIP Citation

Title/Subject

New or Revised 

Citation

Title/Subject

Technical/Legal 

Conclusions

Comments on Revision Differences between

Current and Revised SIP

1.4.2 (d) Action on 

Applications,

1.4.2(d)(1) and (d)(2).

252:4-7-8.

Technical review

Complies with 40 

CFR 51.160. 

Legally

Enforceable 

Procedures.

State effective date: 06/11/01

Requires the applicable time period 

specified in Parts 3 through 5 to review 

applications for technical competence, 

deficiencies, information needed and 

completeness. (No PART 5 in the 

submittal, only PART 3)

Current requirement is to 

notify the applicant of any

deficiency, information needed 

and completeness within 180 

days of completeness.

1.4.2(d)(1) 252:4-7-9.

When review times 

stop

Complies with 40 

CFR 51.163. 

Administrative 

procedures.

State effective date: 06/11/01

Requires the review time period to stop 

during litigation, public 

review/participation, state/federal review, 

requests for supplemental information 

and application amendments by

applicant.

Current requirement is to 

notify the applicant of any

deficiency, information needed 

and completeness.

New citation 252:4-7-10.

Supplemental time

Complies with 40 

CFR 51.163. 

Administrative 

procedures

State effective date: 06/11/01

The request for supplemental information 

may add 30 days or more to the 

processing time.

New

New citation 252:4-7-11.

Extensions

Complies with 40 

CFR 51.163. 

Administrative 

procedures

State effective date: 06/11/01

Extensions to the time lines of Chapter 4 

are by agreement only, or when the 

Executive Director certifies 

circumstances outside of DEQ control 

prevent the reviewer from meeting the 

time periods.

New

New citation 252:4-7-12.

Failure to meet 

Complies with 40 

CFR 51.163. 

State effective date: 06/11/01

When failure to meet time lines is 

New
Current SIP Citation

Title/Subject

New or Revised 

Citation

Title/Subject

Technical/Legal 

Conclusions

Comments on Revision Differences between

Current and Revised SIP

deadline Administrative 

procedures

imminent, DEQ will reassign staff and/or 

retain consultants to meet deadlines, or 

the applicant may agree to an extension. 

1.4.2(e) Public 

Review., 1.4.2(e)(1), 

(e)(1)(B); 

1.4.2(e)(1)(f)(2)

252:4-7-13.

Notices

Complies with 40 

CFR 51.161 

Public availability

of information, 

except 252:4-7-13 

Notices, (a) 

Statutory

requirements for

notice.

State effective date: 06/11/01

States the requirements for giving notice 

of filing an application according to the 

UEPA for Tier II & III only, notice to the 

landowner, notice content, proof of 

published legal notice, and notice to a 

neighboring State. Also, the State 

requested NOT to include in SIP: 

subsection (e), paragraphs (f)(1) and 

(f)(3), and the following phrase in 

paragraph (f)(2): ...“a proposed 

wastewater discharge permit that may

affect the water quality of a neighboring 

state or”... . The above requests do not 

concern the Air permitting programs. 

252:4-7-13 Notices, (a) Statutory

requirements for notice. Relates that 

public notice required under 27A O.S. § 

2-14-301 for Tier 2 and 3 applications, 

but does does not include giving 

notice of filing a Tier I application, 

which is a deficiency.

Revises the requirement that 

the Commissioner provide 

public notice requirements to 

permit applicants for major 

sources and modifications; to 

require the applicants to give 

notice according to the UEPA;

Revises the 60 day comment 

period allowed for a 

neighboring State, whose air 

quality might be impacted by a 

major source, to require a Part 

70 source give written notice 

to the environmental 

regulatory agency of said 

State.

New citation 252:4-7-14.

Withdrawing 

applications

Complies with 40 

CFR 51.163. 

Administrative 

procedures

State effective date: 06/11/01

Applicant may withdraw application with 

written notice to DEQ and forfeit fees; if 

applicant fails to supplement application 

New. Outlines the 

requirements regarding the 

withdrawal of applications.
Current SIP Citation

Title/Subject

New or Revised 

Citation

Title/Subject

Technical/Legal 

Conclusions

Comments on Revision Differences between

Current and Revised SIP

within 180 days of notice of deficiencies, 

or by agreed date, DEQ voids 

application.

1.4.2(d) Action on 

Applications, 

1.4.2(d)(1)

252:4-7-15.

Permit issuance 

or denial

Complies with 40 

CFR 51.163. 

Administrative 

procedures

State effective date: 6/11/01

Permits shall not be issued until the DEQ 

determines the application complies with 

applicable requirements of the Code and 

DEQ rules; that all monies are paid; and 

that applicant’s existing permits are in 

compliance with the Code, DEQ rules 

and any existing DEQ permits and 

orders. DEQ will not issue the permit if 

facts were misrepresented or omitted 

from application and applicant 

knew/should have known of such 

misrepresentation or omission.

Adds requirements to the 

approval of a permit and 

replaces the responsibility for 

ensuring compliance with all 

requirements, and the general 

intent of applicable laws and 

regulations, with the DEQ 

instead of the Commissioner.

New citation 252:4-7-16.

Tier II and III 

modifications

Complies with 40 

CFR 51.163. 

Administrative 

procedures

Complies with 40 

CFR 51.161 

Public availability

of information, 

except omits Tier I 

public notice.

State effective date: 06/11/01

For Tier II & III permit 

modifications, only issues relevant to 

the modification will be reopened for 

public review and comment.

252:4-7-16. Relative to Tier II and III 

permit modifications only; omits Tier I 

permit modifications from public review 

and comment, which is a deficiency.

New

New citation 252:4-7-17.

Permit decisionmaking authority

Complies with 40 

CFR Part 51, 

Subpart L. Legal 

State effective date: 06/11/01

The Executive Director of the DEQ may

delegate in writing the power and duty to 

New
Current SIP Citation

Title/Subject

New or Revised 

Citation

Title/Subject

Technical/Legal 

Conclusions

Comments on Revision Differences between

Current and Revised SIP

Authority. issue, renew, amend, modify or deny

permits. Unless delegated to a Division 

Director, actions on Tier I applications 

shall be delegated to the technical 

supervisor within each program. 

New citation 252:4-7-18.

Pre-issuance permit 

review and 

correction

Complies with 40 

CFR 51.160. 

Legally

Enforceable 

Procedures.

Complies with 40 

CFR 51.161 

Public availability

of information, 

except omits Tier I 

public notice.

State effective date: 6/11/01

DEQ may ask applicant to review a 

permit for errors and DEQ may correct a 

permit before issued. For Tier II and III 

permits, applicant shall publish legal 

notice in one newspaper (local to site) of 

any correction or change proposed by

DEQ which significantly alters the size, 

capacity or limits. DEQ may open a 

public comment period and/or reconvene 

a public meeting and/or administrative 

hearing to receive public comments on 

the proposed correction(s).

252:4-7-18.(b) Correction.(1) Notice of 

significant corrections. Relative to Tier II 

and III permits significant correction 

only; omits Tier I permits from public 

notice, which is a deficiency.

New

New citation 252:4-7-19.

Consolidation of 

permitting process

Complies with 40 

CFR 51.163. 

Administrative 

procedures

Complies with 40 

CFR 51.161 

Public availability

State effective date: 06/11/01

Concerning multiple permits for the same

site, DEQ may authorize the review so 

each required draft permit, draft denial 

and/or proposed permit is prepared at the 

same time and public participation 

opportunities are combined. If 

New 
Current SIP Citation

Title/Subject

New or Revised 

Citation

Title/Subject

Technical/Legal 

Conclusions

Comments on Revision Differences between

Current and Revised SIP

of information, 

except omits Tier I 

public notice.

consolidation is authorized, the 

procedural requirements for the highest 

specified tier shall apply to each affected 

application and DEQ may authorize the 

consolidation of public comment periods, 

process and public meetings and/or 

administrative permit hearings. DEQ 

may coordinate the expiration of new 

permits so all have the same duration. 

Also applies to Tier II and Tier III permit 

modifications. 252:4-7-19.(d) 

Consolidation of permitting process. 

Relative to Tier II and III permit 

modifications only; omits Tier I permit 

from public notice, which is a 

deficiency.

Part 3. Air Quality Division Tiers and Time Lines

New citation 252:4-7-31. Air 

quality time lines

Complies with 40 

CFR 51.163. 

Administrative 

procedures

State effective date: 06/11/01

Specifies time frames for issuance or 

denial of construction, operating and 

relocation air quality permits

New

New citation 252:4-7-32. Air 

quality applications 

- Tier I

Complies with 40 

CFR 51.163. 

Administrative 

procedures.

State effective date: 06/11/01

Specifies that minor facility permits; Part 

70 minor modifications; new or modified 

permits based on Tier II or Tier III 

construction permits; and other 

miscellaneous authorizations require Tier 

I applications for either a construction or 

an operating permit. The State requested

New 
Current SIP Citation

Title/Subject

New or Revised 

Citation

Title/Subject

Technical/Legal 

Conclusions

Comments on Revision Differences between

Current and Revised SIP

NOT to include in SIP the following 

statement at the end of paragraph (c)(5) 

which reads: “Also subject to state 

implementation plan revision procedures 

in 252:100-11.”

The above request removes the 

requirement for alternative emissions 

reduction authorizations to follow the 

public notice procedures in 252:4-7-13 

Notices.

New citation 252:4-7-33. Air 

quality applications 

- Tier II

Complies with 40 

CFR 51.163. 

Administrative 

procedures.

State effective date: 06/11/01

A minor facility seeking a permit for 

modification that would become a Part 

70 source; a new Part 70 source or one 

seeking a significant modification which 

is not classified as Tier III; a Part 70 

source seeking a modification not based 

on a construction permit processed under 

Tier II or III; Part 70 renewal permits, 

and other miscellaneous authorizations 

require Tier II applications for either a 

construction or an operating permit. 

New 

New citation 252:4-7-34. Air 

quality applications 

- Tier III

Complies with 40 

CFR 51.163. 

Administrative 

procedures

State effective date: 06/11/01

A new major stationary source which is 

one of the 28 category sources; one 

which emits, or has the potential to emit, 

250 tons per year or more of any

pollutant subject to regulation; and 

existing incinerators which apply for a 

change which would have caused it to 

New 
Current SIP Citation

Title/Subject

New or Revised 

Citation

Title/Subject

Technical/Legal 

Conclusions

Comments on Revision Differences between

Current and Revised SIP

become major when originally permitted 

require Tier III applications for a 

construction permit. 

Appendix C. Permitting Process Summary

1.4.2 (c) Permit 

Applications;

1.4.2 (d) Action on 

Applications;

1.4.2(e) Public 

Review. (1)(A), 

(1)(B), (1)(C), (1)(D), 

and (1)(E)

252:4. Appendix C 

Permitting Process 

Summary

Complies with 40 

CFR 51.163. 

Administrative 

procedures

overall. Complies 

with 40 CFR 

51.161 Public 

availability of 

information, 

except omits Tier I 

public notice.

State effective date: 06/11/01

Appendix C is only cited in the table of 

contents and provides a useful summary

of the permitting process and the three 

Tier categories.

252:4. Appendix C. Permitting process 

Summary. Omits Tier I permitting 

actions from public notice., which is a 

deficiency.

Summarizes the permitting 

process into an easy-tounderstand table.

Chapter 100. Air Pollution Control

Subchapter 1. General Provisions

Subchapter 5. Registration, Emission Inventory and Annual Operating Fees (title amended)

New citation 252:100-5-1

Purpose

Complies with 

51.163. 

Administrative 

Procedures.

State effective date: 6/12/00

States that the subchapter requires 

potential sources of air contaminants 

register with the Division. It also requires 

facilities to file an emission inventory

and pay annual operating fees.

New

New citation 252:100-5-1.1

Definitions

Complies with 

51.163. 

Administrative 

State effective date: 6/12/00

Reiterates existing definitions and creates 

new definitions which are used in 

New
Current SIP Citation

Title/Subject

New or Revised 

Citation

Title/Subject

Technical/Legal 

Conclusions

Comments on Revision Differences between

Current and Revised SIP

Procedures. Subchapter 5. The State requested NOT 

to include in SIP: paragraph (D) “Toxic 

Air Contaminant ... “, under definition of 

"Regulated Air Pollutant." This 

definition is unnecessary. The submitted 

definitions are consistent with the federal 

definitions or with the Act

New citation 252:100-5-2

Registration of 

potential sources of 

air contaminants

Complies with 

51.163. 

Administrative 

Procedures.

State effective date: 6/12/00. 

States that the owner or operator of an air 

contaminant source shall, upon request, 

provide the Division with the 

information necessary to evaluate its 

potential for causing air pollution.

New

New citation 252:100-5-2.1

Emission inventory

Complies with 

51.163. 

Administrative 

Procedures.

State effective date: 6/12/00. Outlines 

the requirements to file an emission 

inventory. Moved from Subchapter 7 to 

Subchapter 5.

New

1.4.1(d) Permit fees 252:100-5-2.2 

Annual operating 

fees

Complies with 

51.163. 

Administrative 

Procedures.

State effective date: 6/12/00

Regards fees for minor and Part 70 

sources, method of payment, fines, and 

basis for annual operating fees. Revised 

and moved from Subchapters 7 and 8 to 

Subchapter 5.

Revises initial fees for 

processing major, minor or 

relocation permits; additional 

fees charged by permit type; 

and methods of payment to the 

reviewing agency.

New citation 252:100-5-3

Confidentiality of 

proprietary

information

Complies with 

51.163. 

Administrative 

Procedures.

State effective date: 6/12/00

Reads “ [Refer to 27A O.S. § 2-5-

105.18.] ”, which therein defines 

confidentiality of proprietary

information.

New
Current SIP Citation

Title/Subject

New or Revised 

Citation

Title/Subject

Technical/Legal 

Conclusions

Comments on Revision Differences between

Current and Revised SIP

Subchapter 7. Permits for Minor Sources (New), partially replaces Reg 1.4, “Air Resources Management Permits Required.”

Part 1. General Provisions

1.4 Air Resources 

Management Permits 

Required,

1.4.1 General Permit 

Requirements,

1.4.1(a) Scope and 

Purpose

252:100-7-1. 

Purpose

(See Big Sip Box 

1:7-6)

Complies with 40 

CFR 51.160. 

Legally

Enforceable 

Procedures.

State effective date: 6/25/98

Sets forth permit application fees and the 

basic substantive requirements for 

permits for minor facilities.

Revises purpose into a single 

sentence; no substantive 

change.

1.4.2 Construction 

Permit, 1.4.2(a)(2)(ii) 

Minor source;

1.4.4 PSD 

Requirements for 

attainment areas, 

1.4.4(b) Definitions, 

(b)(9),(12),(20);

1.4.5 Major Sources --

Nonattainment Areas, 

1.4.5(b) Definitions, 

(b)(10),(17)

252:100-7-1.1. 

Definitions

(See Big Sip Box 

1:7-7)

Complies with 40 

CFR 51.160 

Legally

Enforceable 

Procedures and 

CFR51.163 

Administrative 

Procedures.

State effective date: 06/11/99.

Reiterates and/or amends existing 

definitions and creates new definitions 

which are used in Subchapter 7. The 

State requested NOT to include in SIP: 

paragraph (D) under definition of 

"Regulated Air Pollutant.", as 

unnecessary. The submitted definitions 

are consistent with the federal 

definitions or with the Act

New definitions 

1.4.1(c) Necessary to 

Obtain Permit,

(c)(1), (2);

1.4.2 Construction 

Permit, 1.4.2(a) 

Standards Required, 

1.4.2(a)(1). 

252:100-7-2.

Requireme

nt for permits for 

minor facilities 

(See Big Sip Box 

1:7-8)

Complies with 40 

CFR 51.160. 

Legally

Enforceable 

Procedures.

Complies with 40 

CFR 51.161 

State effective date: 06/01/01.

Minor sources must obtain a permit from 

DEQ; de minimis facilities are exempt; 

application implies responsibility by

applicant; can request an applicability

determination for a fee or change in 

status, and must notify DEQ of change in 

Reiterates the requirement to 

obtain a permit and revises 

approval by the Commissioner 

to approval by the DEQ. 

Revises the transfer of 

ownership language to state 

that it subjects the new owner 
Current SIP Citation

Title/Subject

New or Revised 

Citation

Title/Subject

Technical/Legal 

Conclusions

Comments on Revision Differences between

Current and Revised SIP

Public availability

of information, 

except omits 

minor facility

public notice.

ownership. For additional application 

and permitting procedures, rule refers to 

OAC 252:2-15 Uniform Permitting 

Procedures which includes the three Tier 

processes of the UEPA. Tier I of the 

UEPA does not require public notice and 

comment for minor facility permits, 

which is a deficiency. Note that OAC 

252:2 was later revoked and moved into 

new OAC 252:4, effective 6/11/01.

The State requested NOT to include in 

SIP: paragraph (b)(4), “252:100-41 

Control of Emission of Hazardous and 

Toxic Air Contaminants.” (252:100-41 is 

revoked and moved to 252:100-42).

to existing permit conditions 

and compliance.

Part 2. Permit Application Fees (The State requested NOT to include in SIP)

(The State prefers not to process a SIP change with every change in fees)

Part 3. Construction Permits

1.4.2 Construction 

Permit, 1.4.2(a) 

Standards Required, 

1.4.2(a)(1),(a)(3), 

(a)(4)

1.4.2(f)

Construction Permit 

Conditions,

1.4.2(f)(1)

252:100-7-15. 

Construction 

permit

Complies with 40 

CFR 51.160. 

Legally

Enforceable 

Procedures.

State effective date: 06/11/99

Requirement to obtain a construction 

permit and approval by the DEQ; adds 

three permit categories: Permit by rule, 

General and Individual; adds application 

data required by Chapter 7 (e.g., site 

information, process description, 

emission data, BACT, modeling, and 

sampling point data). Construction must 

comply with applicable air pollution 

Revises approval by the 

Commissioner to approval by

the DEQ. Current rule does 

not refer to additional 

application data now required

by Chapter 7.
Current SIP Citation

Title/Subject

New or Revised 

Citation

Title/Subject

Technical/Legal 

Conclusions

Comments on Revision Differences between

Current and Revised SIP

1.4.2(g) Cancellation 

of Authority to 

Construct or 

Modify1.4.2(g),

(g)(1), (g)(2), 

(g)(2)(A), (g)(2)(C)

rules and regulations; new equipment or 

process subject to NSPS or NESHAPS 

requires a permit. Reiterates permit 

contents, failure to comply, cancellation 

of authority to construct if over 18 

months, Extension of authorization to 

construct for 18 months or less (or up to 

36 months in special cases), and 

requirement for new BACT and air 

quality analysis if construction has not 

commenced within 3 years of original 

permit date.

1.4.2(b) 252:100-7-16. 

Stack height 

limitation 

(Revoked)

Revoked and moved to Subchapter 8. 

See 252:100-8-1.5.

Part 4. Operating Permits

1.4.2(h) Relocation 

Permits, 1.4.2(h)(1), 

(h)(2)

252:100-7-17.

Relocation 

permits for portable 

sources 

Complies with 40 

CFR 51.160. 

Legally

Enforceable 

Procedures.

State effective date: 06/25/1998

Relocation requires an operating permit 

from DEQ or existing permit voided; 

relocation limited to existing sources and 

valid for only 2 years

Minor revisions; no 

substantive change.

1.4.3 Operating 

Permit, 1.4.3(a) 

Requirements,

1.4.3(a)(1),(2);

1.4.3(b) Permit 

applications 

1.4.3(b)(1)(A),

252:100-7-18.

Operating 

permit 

Complies with 40 

CFR 51.160. 

Legally

Enforceable 

Procedures.

State effective date: 06/11/99

Relates that an operating permit is 

required; adds that there are three 

operating permit categories available; 

outlines the permit application 

requirements; relates the enforceability of 

emissions limits and that construction 

Revises approval by the 

Commissioner to approval by

the DEQ; revise the word 

“source” to minor or modified 

minor facility; add advance 

notice to DEQ of tests; 

emissions limits become 
Current SIP Citation

Title/Subject

New or Revised 

Citation

Title/Subject

Technical/Legal 

Conclusions

Comments on Revision Differences between

Current and Revised SIP

(B), (b)(2);

and 1.4.3(c) Operating 

Permit Conditions, 

1.4.3(c)(1), (c)(2).

permit limits may be made a condition of 

the operating permit. Adds applicability

regarding application for minor sources 

and minor modifications at a Part 70 

source until that source must apply for a 

Part 70 permit, refers to 100-8.

enforceable limits and 

construction permit limits may

be made a condition of the 

operating permit. Adds the 

three available operating 

permit categories, minor 

sources, and minor 

modification applicability at a 

Part 70 source

Part 9. Permits By Rule

New citation 252:100-7-60.

Permit by rule

Complies with 

40 CFR 51.160. 

Legally

Enforceable 

Procedures

State effective date: 06/11/99

A minor source may be permitted 

under this rule if it meets 100-7-

15(b)(1); general requirements to 

operate under a permit by rule and 

fees; requirement to submit an annual 

emission inventory; compliance 

inspections may be conducted by

DEQ; registration by DEQ is 

required. Also, the State requested 

NOT to include in SIP: the following 

phrase at the end of paragraph (b)(2): 

"in Subchapter 41" (252:100-41 is 

revoked and moved to 252:100-42).

New

New citation 252:100-7-60.1. 

Cotton Gins 

Complies with 

40 CFR 51.160. 

Legally

Enforceable 

State effective date: 06/11/99

Refers reader to 100-23-7

New
Current SIP Citation

Title/Subject

New or Revised 

Citation

Title/Subject

Technical/Legal 

Conclusions

Comments on Revision Differences between

Current and Revised SIP

Procedures

New citation 252:100-7-60.2. 

Grain elevators 

Complies with 

40 CFR 51.160. 

Legally

Enforceable 

Procedures

State effective date: 06/11/99

Refers reader to 100-24-7

New

Subchapter 8. Permits for Part 70 Sources (New), partially replaces Reg 1.4, “Air Resources Management Permits Required.”

Part 1. General Provisions

1.4 Air Resources 

Management Permits 

Required,

1.4.1 General Permit 

Requirements,

1.4.1(a) Scope and 

Purpose 

252:100-8-1.

Purpose

Complies with 40 

CFR 51.160. 

Legally

Enforceable 

Procedures.

Complies with 

51.163. 

Administrative 

Procedures.

State effective date: 06/25/98

Single sentence relates that Subchapter 8 

sets forth permit application fees and the 

basic substantive requirements for 

permits for Part 70 sources

Revises purpose into a single 

statement; no substantive 

change.

1.4.2 Construction 

Permit, 1.4.2(b) 

Stack Height 

Limitation

1.4.4 PSD 

Requirements for 

attainment areas, 

1.4.4(b) Definitions 

252:100-8-1.1. 

Definitions

Complies with 

51.163. 

Administrative 

Procedures.

The proposed 

definitions do not 

conflict with any

federal definitions 

or with the Act. 

State effective date: 06/01/01

Reiterates and amends existing 

definitions and creates new definitions 

which are used in Subchapter 8.

New definitions
Current SIP Citation

Title/Subject

New or Revised 

Citation

Title/Subject

Technical/Legal 

Conclusions

Comments on Revision Differences between

Current and Revised SIP

1.4.5 Major Sources --

Nonattainment Areas, 

1.4.5(b) Definitions 

New citation 252:100-8-1.2. 

General 

information

Complies with 

51.163. 

Administrative 

Procedures

State effective date: 06/25/98

New construction and operating permits: 

general and individual. A general permit 

may be issued for an industry if there are 

a sufficient number of facilities with 

similar operations, emissions and 

activities. An individual permit is issued 

to facilities that do not qualify for a 

general permit. For a fee, any person may

submit a written request that DEQ make 

a determination as to whether a particular 

source is subject to these permit 

requirements.

New

New citation 252:100-8-1.3. 

Duty to comply

Complies with 

51.163. 

Administrative 

Procedures.

State effective date: 06/25/98

An owner/operator applying for a 

permit/authorization shall be bound by

the terms and conditions therein. An 

owner/operator violating any condition of 

a permit/authorization is subject to 

enforcement under the Oklahoma Clean 

Air Act.

New

1.4.2 Construction 

Permit, 1.4.2(g) 

Cancellation of 

Authority to Construct 

or Modify1.4.2(g),

(g)(1), (g)(2), 

252:100-8-1.4. 

Cancellation or 

extension of a 

construction permit 

or authorization 

under a general 

Complies with 

51.163. 

Administrative 

Procedures.

State effective date: 06/01/01

A permittee may apply to DEQ for 

extension. A duly issued permit or 

authorization to construct or modify will 

terminate and become null and void if 

the construction is not commenced 

No substantive change.
Current SIP Citation

Title/Subject

New or Revised 

Citation

Title/Subject

Technical/Legal 

Conclusions

Comments on Revision Differences between

Current and Revised SIP

(g)(2)(A),(B),(C) and 

(D)

construction permit within 18 months; Extension of 

authorization to construct for 18 months 

or less (or up to 36 months in special 

cases); One extension of up to 72 months 

will be granted to major industrial 

facilities (project cost greater than 

$100,000,000), and purchased land 

necessary to construct facilities covered 

by this extension and expended 

$1,000,000.00 or more. 

Upon formal request of any applicant 

whose permit has been denied for lack of 

increment, the DEQ may require any

permittee to furnish a complete air 

quality analysis and/or an appropriate 

available control technology review 

1.4.2(b) Stack Height 

Limitation,

(b)(1), (b)(1)(D),

(b)(1)(E)(i)(ii),

(b)(1)(F)

252:100-8-1.5. 

Stack height 

limitations

Complies with 40 

CFR 51.160. 

Legally

Enforceable 

Procedures.

State effective date: 06/01/01

Addresses stack height exclusion, 

determination of good engineering 

practice (GEP) stack height, how a 

structure or terrain feature shall be 

considered as nearby, and what are 

considered as excessive concentrations 

when determining GEP stack height.

Revises “Commissioner” to 

“Director” for approval of a 

field study or fluid model. 

Additional revisions are not 

substantive.

Part 3. Permit Application Fees (The State requested NOT to include in SIP)

(The State prefers not to process a SIP change with every change in fees)

Part 5. Permits for Part 70 Sources

1.4.2 Construction 

Permit, 1.4.2(b) 

252:100-8-2. 

Definitions

Complies with 

51.163. 

State effective date: 06/01/01

Reiterates and amends existing 

New definitions 
Current SIP Citation

Title/Subject

New or Revised 

Citation

Title/Subject

Technical/Legal 

Conclusions

Comments on Revision Differences between

Current and Revised SIP

Stack Height 

Limitation

1.4.4 PSD 

Requirements for 

attainment areas, 

1.4.4(b) Definitions 

1.4.5 Major Sources --

Nonattainment Areas, 

1.4.5(b) Definitions 

Administrative 

Procedures.

Does not conflict 

with federal 

definitions or the 

Act. 

definitions and creates new definitions 

which are used throughout Subchapter 8.

The State requested NOT to include in 

SIP: paragraph (C) under definition of 

“Insignificant activities”.
Current SIP Citation

Title/Subject

New or Revised 

Citation

Title/Subject

Technical/Legal 

Conclusions

Comments on Revision Differences between

Current and Revised SIP

New citation 252:100-8-3. 

Applicability

Complies with 40 

CFR 51.160. 

Legally

Enforceable 

Procedures.

State effective date: 06/01/01 Describes 

which sources are subject to the 

permitting requirements under 

Subchapter 8. Defines covered sources 

as: Any major source (as defined in OAC 

252:100-8-2); any source subject to a 

NSPS; any source, including an area 

source, subject to a NESHAP; any

affected source (as defined in OAC 

252:100-8-2); any source in a source 

category designated by the Administrator 

pursuant to 40 CFR §70.3 any major 

stationary source required to have a 

permit under Parts 7 (PSD) or 9 (NNSR) 

of this Subchapter. Source category

exemptions discusses that all sources 

listed in this section that are not major 

sources, major stationary sources, 

affected sources, or solid waste 

incineration units required to obtain a 

permit pursuant to section 129(e) of the 

Act, are exempt from the obligation to 

obtain a Part 70 permit unless required 

to do so by appropriate implementation 

of EPA administrative rulemaking for 

non-major sources.

New

New citation 252:100-8-4. 

Requirements for 

construction and 

Complies with 40 

CFR 51.160. 

Legally

State effective date: 06/01/01. For Part 

70 construction permits: a DEQ-issued 

permit must be obtained first, includes 

New
Current SIP Citation

Title/Subject

New or Revised 

Citation

Title/Subject

Technical/Legal 

Conclusions

Comments on Revision Differences between

Current and Revised SIP

operating permits Enforceable 

Procedures.

reconstruction and significant 

modifications, includes sources subject 

to Parts 7(PSD) and 9(NNSR) and relates 

requirement for case-by-case MACT 

determinations. For operating permits: a 

Part 70 source subject to this Chapter 

may not operate without a Part 70 permit, 

duty to apply, timely application, source 

application submittal schedule, newly

regulated sources, application 

acceptability, 112(g) applications, 

renewal, Phase II acid rain permits, 

application completeness.

New citation 252:100-8-5. 

Permit applications

Complies with 40 

CFR 51.160. 

Legally

Enforceable 

Procedures.

State effective date: 06/01/01 Part 70 

permit application requirements: 

confidential information, duty to 

supplement/correct application, use of 

standard application form and required 

information. Construction permit 

applications must provide BACT 

determination, Modeling and Sampling 

points. Operating permit applications 

must provide identifying information, 

description of the processes and 

products, emissions-related information, 

air pollution control requirements, 

methods for determining compliance, 

compliance plan and certification, forms 

for acid rain. Certification of truth, 

accuracy and completeness.

New
Current SIP Citation

Title/Subject

New or Revised 

Citation

Title/Subject

Technical/Legal 

Conclusions

Comments on Revision Differences between

Current and Revised SIP

New citation 252:100-8-6. 

Permit content

Complies with 40 

CFR 51.160. 

Legally

Enforceable 

Procedures.

State effective date: 06/01/01

Includes all applicable requirements and 

state-only requirements, such as, 

Emission limitations and standards, 

Permit duration for Operating and 

Construction permits, Monitoring and 

related recordkeeping and reporting 

requirements, Title IV allowances, 

severability clause, general requirements 

such as noncompliance constitutes a 

violation, defense, a permit can be 

modified, revoked, reopened and 

reissued, or terminated for cause; Fees, 

Emissions trading, Operating scenarios, 

Emissions averaging; Federally

enforceable requirements except those 

not required under the Act; compliance 

requirements; permit shield; 

emergencies; and operational flexibility.

New

New citation 252:100-8-6.1. 

General permits

Complies with 40 

CFR 51.160. 

Legally

Enforceable 

Procedures.

Complies with 

51.163. 

Administrative 

Procedures.

State effective date: 06/25/98

Requirements: DEQ may issue to a 

source category if it is appropriate for 

permitting on a generic basis. Any

general permit shall comply with all 

requirements applicable to other Part 70 

permits; discusses Applicability, 

Authorization, Permit shield, Revisions, 

Permit content, and Renewal

New

New citation 252:100-8-6.2. Complies with 40 State effective date: 06/25/98 New
Current SIP Citation

Title/Subject

New or Revised 

Citation

Title/Subject

Technical/Legal 

Conclusions

Comments on Revision Differences between

Current and Revised SIP

Temporary sources CFR 51.160. 

Legally

Enforceable 

Procedures.

DEQ may issue a single permit to same 

source owner at multiple temporary

locations. Permit assures compliance 

with all applicable requirements, source 

will notify DEQ at least 10 days before 

each change in location; and permit has 

conditions that assure compliance with 

all other provisions of this section.

New citation 252:100-8-6.3. 

Special provisions 

for affected (acid 

rain) sources

Complies with 

51.163. 

Administrative 

Procedures.

State effective date: 06/25/98

The application is binding until permit 

issuance or denial, Exemption petitions,

Permit shield, Modifications, Duration, 

Right of intervention, Administrative 

appeal, Adoption of 40 CFR Part 72 by

reference.

New

New citation 252:100-8-7. 

Permit issuance

Complies with 

51.163. 

Administrative 

Procedures.

State effective date: 06/01/01

Criteria: draft permits and notice thereof; 

EPA review; DEQ final action; timeline 

for technical review and issuance: within 

18 months after beginning technical 

review; Action priorities; No issuance by

default.

New

New citation 252:100-8-7.1. 

Permit renewal and 

expiration

Complies with 

51.163. 

Administrative 

Procedures.

State effective date: 06/25/98

An application is considered timely if the 

applicant meets the requirements of this 

subsection; the application content for 

renewal of expiring permit will identify

and incorporate by reference terms and 

conditions in its previous permit and 

New
Current SIP Citation

Title/Subject

New or Revised 

Citation

Title/Subject

Technical/Legal 

Conclusions

Comments on Revision Differences between

Current and Revised SIP

permit application(s) that should remain 

unchanged, plus information not 

addressed in the existing permit and a 

compliance plan and certification; the 

issuance of renewal permit is subject to 

the same procedural requirements that 

apply to initial permit issuance; and 

regarding the expiration of permit, the 

right to operate it will terminate upon the 

expiration of the permit unless a timely

and complete renewal application has 

been submitted at least 180 days before 

expiration date.
Current SIP Citation

Title/Subject

New or Revised 

Citation

Title/Subject

Technical/Legal 

Conclusions

Comments on Revision Differences between

Current and Revised SIP

New citation 252:100-8-7.2. 

Administrative 

permit amendments 

and permit 

modifications

Complies with 

51.163. 

Administrative 

Procedures.

Does not comply

with 40 CFR 

51.161 Public 

availability of 

information,

omits Tier I public 

notice.

State effective date: 06/01/01. Defines 

and outlines procedures; Corrects 

typographical errors, Incorporates 

requirements from preconstruction 

review permits, DEQ shall take final 

action on a request for an administrative 

permit amendment within 60 days of 

request. Permit modifications: Minor 

permit modification procedures, Criteria, 

Application, EPA and affected state 

notification, Timetables, Source's ability

to make change, Permit shield, 

Permittee's risk in commencing 

construction; Significant modification 

procedures, Criteria, Procedures for 

processing, and issuance. 252:100-8-

7.2, Admin. permit amendments and 

permit modifications (b) Permit 

modification (1) Minor permit 

modification procedures (B) 

Application. This subsection relates 

that the permit application req’s of 

Tier I under OAC 252:2-15 shall be 

met by the applicant. OAC 252:2-15 

includes the three Tier processes of 

the UEPA. Tier I of the UEPA does 

not require public notice and 

comment for minor facility permits, 

which is a deficiency. Note that OAC 

252:2 was later revoked and moved into 

new OAC 252:4, effective 6/11/01.

New
Current SIP Citation

Title/Subject

New or Revised 

Citation

Title/Subject

Technical/Legal 

Conclusions

Comments on Revision Differences between

Current and Revised SIP

New citation 252:100-8-7.3. 

Reopening of 

operating permits 

for cause

Complies with 40 

CFR 51.160. 

Legally

Enforceable 

Procedures.

State effective date: 06/25/98

Each permit shall include provisions 

specifying conditions under which the 

permit will be reopened prior to 

expiration, Discretionary reopening: 

Instances when DEQ may reopen and 

amend a permit, Reopening procedures: 

DEQ shall follow the procedures that 

apply to significant permit modifications 

under this Sub-chapter, Reopenings for 

cause by EPA: Administrator finds that 

cause exists to terminate, modify, or 

revoke and reissue a permit, the 

Administrator shall notify the DEQ and 

the permittee of such findings in writing.

New

New citation 252:100-8-7.4. 

Revocations of 

operating permits

Complies with 40 

CFR 51.160. 

Legally

Enforceable 

Procedures.

State effective date: 06/25/98.

Explains DEQ Revocation of a permit or 

authorization under a general permit 

without reissuance, and Revocation 

procedures. 

New

New citation 252:100-8-7.5. 

Judicial review

Complies with 

51.163. 

Administrative 

Procedures.

State effective date: 06/25/98

Any final action in granting or denying 

an application for a permit, amendment 

or modification, or renewal shall be 

subject to judicial review in the court of 

appropriate jurisdiction upon an 

application filed by the applicant or 

permittee, or by any affected state or 

other person who participated in the 

public comment process. 

New
Current SIP Citation

Title/Subject

New or Revised 

Citation

Title/Subject

Technical/Legal 

Conclusions

Comments on Revision Differences between

Current and Revised SIP

New citation 252:100-8-8. 

Permit review by

EPA and affected 

states

Complies with 

51.163. 

Administrative 

Procedures.

State effective date: 06/01/01

Applicability; Format for data submittal; 

Recordkeeping; Transmission of Part 70 

applications to EPA; Transmittal of 

notice of draft permit to affected States; 

Preparation and submittal of EPA review 

copy, Tier II applications, Tier III 

applications; Notice of non-acceptance; 

EPA review and non-objection/objection, 

Timing, Form of objection, Additional 

grounds, Copy, DEQ response, Amend 

permit, Give notice and issue, and 

Failure of DEQ to respond; Public 

petitions to the Administrator; and Effect 

on Tier III administrative permit hearing. 

New

Part 7. Prevention of Significant Deterioration (PSD) Requirements for Attainment Areas

1.4.2 Construction 

Permit,

1.4.4 PSD 

Requirements for 

Attainment Areas,

252:100-8-30. 

Applicability

Complies with 

51.163. 

Administrative 

Procedures.

State effective date: 06/25/98

New source requirements of this Part 7, 

in addition to the requirements of Parts 1, 

3, and 5 of this Subchapter, shall apply to 

the construction of all major stationary

sources and major modifications as 

specified in 252:100-8-31 through 

252:100-8-33. Sources subject to this 

Part are also subject to the operating 

permit provisions contained in Part 5 of 

252:100-8.

ODEQ requested Region 6 to exclude 

from the SIP revision 100-8, Part 3. 

Revised to delete “Major 

Sources” from title, to change 

“section” to “Part” [7], delete 

language that the 1.4.4 [PSD] 

requirements will not be 

necessary for sources required 

to meet the permit 

requirements of the United 

States Environmental 

Protection Agency under Title 

40 Part 52.21 of the Code of 

Federal Regulations.

Minor number and word 
Current SIP Citation

Title/Subject

New or Revised 

Citation

Title/Subject

Technical/Legal 

Conclusions

Comments on Revision Differences between

Current and Revised SIP

Permit Application Fees. The State

prefers not to process a SIP change 

with every change in fees.

changes. 

1.4.4 PSD 

Requirements for 

Attainment Areas, 

1.4.4 (b) Definitions: 

Restricted to Section 

1.4.4.

252:100-8-31. 

Definitions

Complies with 

51.163. 

Administrative 

Procedures.

Does not conflict 

with federal 

definitions or the 

Act. 

State effective date: 06/01/01

Lists and explains definitions which are 

used throughout Subchapter 8. 

No substantive change.

1.4.4(c) Source 

Applicability

Determination

252:100-8-32. 

Source 

applicability

determination

Complies with 40 

CFR 51.160. 

Legally

Enforceable 

Procedures.

State effective date: 06/25/1998

Explains that proposed new sources and 

source modifications to which this Part 

[7] is applicable are determined by size, 

geographical location and type of emitted 

pollutants.

No substantive change.

1.4.4(d) Review, 

Applicability, and 

Exemptions 

(d)(1),(2),(3),(4), 

(5),(6),(7),(8)(9), 

(10),(12)(B),(13) 

(A),(B),(C)

252:100-8-33. 

Exemptions

Complies with 40 

CFR 51.160. 

Legally

Enforceable 

Procedures.

State effective date: 06/01/01

Lists and explains exemptions from: PSD 

requirements, air quality impact 

evaluation, monitoring requirements,

BACT requirements and monitoring 

requirements, exemption of 

modifications, impact analyses, and 

increment consumption

No substantive change.

1.4.4(e) Control 

Technology

(e)(1),(2),(3)

252:100-8-34. Best 

available control 

technology

Complies with 40 

CFR 51.160. 

Legally

Enforceable 

State effective date: 06/25/98

Requirements for Best available control 

technology: new source must 

No substantive change.
Current SIP Citation

Title/Subject

New or Revised 

Citation

Title/Subject

Technical/Legal 

Conclusions

Comments on Revision Differences between

Current and Revised SIP

Procedures. demonstrate that control technology to be 

applied is the best available; a major 

modification must demonstrate that the 

control technology to be applied is the 

best available for each regulated 

pollutant for which it would be a 

significant net emissions increase at the 

source; BACT shall be made on a case 

by case basis taking into account costs 

and energy, environmental and economic 

impacts; For phased construction projects 

the determination of BACT shall be 

reviewed and modified at the discretion 

of the Executive Director at a reasonable 

time but no later than 18 months prior to 

commencement of construction of each 

independent phase of the project.

1.4.4(f) Air quality

impact evaluation

(f)(1),(2), (3),(4), 

(5)(A)&(B)&(C),(6),(

7),(8),(9),(10),(11), 

(12)(A)

252:100-8-35. Air 

quality impact 

evaluation

Complies with 40 

CFR 51.160. 

Legally

Enforceable 

Procedures.

State effective date: 06/25/98

Lists and explains the requirements for 

Air quality impact evaluation: 

Application contents; Continuous 

monitoring data; increment consumption; 

Monitoring: added requirements for the 

monitoring of PM-10 using a monitoring 

method approved by the Executive 

Director, period, period exceptions -

required data shall have been gathered 

over at least the period from August l, 

1988 to the date the application becomes 

otherwise complete, Ozone post-approval 

monitoring, Post-construction 

Minor numbering changes; 

added PM10 monitoring 

requirements.
Current SIP Citation

Title/Subject

New or Revised 

Citation

Title/Subject

Technical/Legal 

Conclusions

Comments on Revision Differences between

Current and Revised SIP

monitoring, Monitoring system 

operation; Air quality models; Growth 

analysis; Visibility/other impacts 

analysis. 

1.4.4(g) Source 

Impacting Class I 

areas

(g)(1),(2)

252:100-8-36.

Source impacting 

Class I areas

Complies with 40 

CFR 51.160. 

Legally

Enforceable 

Procedures.

State effective date: 06/25/98

Explains the requirements regarding 

Source impacting Class I areas: Permits 

issuance; Impact analysis required

No substantive change.

1.4.4(h) Innovative 

Control Technology

(h)(1),(2),(3),(4)

252:100-8-37.

Innovative control 

technology

Complies with 40 

CFR 51.160. 

Legally

Enforceable 

Procedures.

State effective date: 06/25/98

Requirements regarding approval of an 

innovative control technology and failure 

to meet the required level of continuous 

emissions reduction.

No substantive change.

Part 9. Major Sources Affecting Nonattainment Areas

1.4.5 Major Sources -

- Nonattainment 

Areas,

1.4.5(a) Applicability

252:100-8-50. 

Applicability

Complies with 40 

CFR 51.160. 

Legally

Enforceable 

Procedures.

State effective date: 06/25/98

The new source requirements of Part 9 

shall apply to the construction of all 

major sources and major modifications 

affecting nonattainment areas.

Currently, meeting 1.4.5 isn’t 

necessary for sources required 

to meet permit requirements of 

40 CFR Part 52.24. Minor 

number and word changes. 

1.4.5(b) Definitions: 

Restricted to 1.4.5

252:100-8-51. 

Definitions

Complies with 

51.163. 

Administrative 

Procedures; does 

not conflict with 

federal definitions 

or the Act. 

State effective date: 06/01/01

Reiterates and amends definitions used 

throughout Subchapter 8.

No substantive change.
Current SIP Citation

Title/Subject

New or Revised 

Citation

Title/Subject

Technical/Legal 

Conclusions

Comments on Revision Differences between

Current and Revised SIP

1.4.5(c) Source 

Applicability

Determination,

(c)(1), (c)(1)(A), 

(B)&(C), (C)(i-vii)

252:100-8-52. 

Source 

applicability

determination

Complies with 40 

CFR 51.160. 

Legally

Enforceable 

Procedures

State effective date: 06/01/01

Applicability of proposed new sources 

and source modifications: size; location 

in nonattainment area; location in 

attainment/unclassifiable area but 

causing or contributing to NAAQS 

violation.

No substantive change.

1.4.5(d) Exemptions

(d)(1), (d)(1)(A)&(B), 

(d)(2),(d)(3) 

252:100-8-53. 

Exemptions

Complies with 40 

CFR 51.160. 

Legally

Enforceable 

Procedures.

Complies with 40 

CFR Part 51. 

Appendix S

State effective date: 06/25/98. Nonattainment area requirements do not 

apply to a particular source/modification 

locating in or impacting a nonattainment 

area; secondary emissions are excluded 

in determining PTE; requirements of SC 

8, Part 7 (PSD) and Part 9 for 

nonattainment areas are not applicable to 

a modification if existing source was not 

major on August 7, 1980, etc.

No substantive change. 

1.4.5(e) Requirements 

for Sources Located in 

Nonattainment Areas,

(e)(1),(A),(B),(C)

252:100-8-54. 

Requirements for 

sources located in 

nonattainment 

areas

Complies with 40 

CFR 51.160. 

Legally

Enforceable 

Procedures.

Complies with 40 

CFR Part 51. 

Appendix S

State effective date: 06/25/98

If major source/modification would be 

constructed in nonattainment area for a 

pollutant for which source/modification 

is major, approval granted if: new source 

demonstrates it has applied control 

technology which the Executive Director 

determines is LAER; the Executive 

Director determines an enforceable 

numerical emission standard is 

infeasible, etc., may be prescribed as the 

emission limitation rate; owner of new 

source must demonstrate all other major 

No substantive change. 
Current SIP Citation

Title/Subject

New or Revised 

Citation

Title/Subject

Technical/Legal 

Conclusions

Comments on Revision Differences between

Current and Revised SIP

sources owned/operated by such person 

in Oklahoma are in compliance; 

emissions do not exceed the planned 

growth allowable for the area designated 

in the SIP, etc.; owner may present with 

application an analysis of alternate sites, 

sizes, etc. and production processes for 

such proposed source.

Subchapter 9 - Excess Emission Reporting Requirements (will be addressed in a separate rulemaking)

Appendices

New citation 252:100 Appendix 

H. De Minimis 

Facilities.

(Appendix H is 

cited in 252:100-7-

1.1 under definition 

of “De minimis 

facility.”)

Complies with 40 

CFR 51.160. 

Legally

Enforceable 

Procedures. 

State effective date: 06/25/98 For use in 

Subchapter 7 and includes agricultural, 

wood-working, office & janitorial, 

cleaning & surface preparation, etc. The 

State requested NOT to include in SIP: 

under the heading "cleaning & surface 

preparation", in the item beginning with 

“Vacuum cleaning systems ...” the phrase 

"and/or toxic"... . Note: This appendix is 

not to be used for purposes of Part 70 

permitting as contained in Subchapter 8.

New
Current SIP Citation

Title/Subject

New or Revised 

Citation

Title/Subject

Technical/Legal 

Conclusions

Comments on Revision Differences between

Current and Revised SIP

New citation 252:100 Appendix 

I. Insignificant 

Activities 

(Registration) List.

(Appendix I is cited

in 252:100-8-2 

under definition of 

“Insignificant 

activities”.)

Complies with 40 

CFR 51.160. 

Legally

Enforceable 

Procedures. 

State effective date: 06/25/98 For use in 

Part 5, Permits for Part 70 Sources. 

Examples include combustion 

equipment, storage tanks/distribution, 

remediation, etc. The State requested 

NOT to include in SIP: under the 

heading "REMEDIATION", in the third 

paragraph, the statement: "de minimis 

limits for air toxics (252:100-41-43) 

and"... .

New

New citation 252:100, Appendix 

J. Trivial Activities 

(De Minimis) List. 

(Appendix J is 

cited in 252:100-8-

2 under definition 

of “Trivial 

activities”).

Complies with 40 

CFR 51.160. 

Legally

Enforceable 

Procedures

State effective date: 06/25/98 For use in 

Part 5, Permits for Part 70 Sources. 

Includes agricultural, analysis/testing, 

animals, battery charging, etc. The State 

requested NOT to include in SIP: (1) 

under the heading "fugitive emissions" at 

the end of first sentence of the paragraph 

beginning with "VOC fugitive emissions 

from ..." the statement: "or the de 

minimis set forth in 252:100-41-43"; and 

(2) under the heading "Miscellaneous" in 

the first paragraph, the phrase "or 

252:100-41-43(a)(5) ".

New