### A PPENDIX 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. Lis ts 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 organizati on 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 AdvisoryCurrent 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 jurisdiction al 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

Lo cation, mailing address, hours of operation; how to communicat e 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.). R ecords removal, copying,
copying fees, confidentiality , and certification. 252:4

- 1

- 5 (a), 2 nd 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 NewCurrent SIP Citation

Title/Subject New or Revised Citation Title/Subject Technical/Legal

Conclusions Comments on Revision Differences between Current and Revised SIP

regu latory

fees Authority towards future invoices for recurring fees. Any credit applied must be reporte d 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 ProcessCurrent 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 U EPA (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, 2 nd 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 fi t 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], s ubsection 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 appl ication 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 appli cation, (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 ini tial processing fee for a major, minor or relocation permit; the additional fees charged by respective permit ty

pe; and methods of pay

ment 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

a pplications 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 ap plication, 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 day s 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 rev iew 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 day s 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 day s or more to the processing time. New

New citation 252:4

- 7

- 11. Extensions Complies with 40

CFR 51.163. Administrativ e 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 ci tation 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 NewCurrent 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 a pplicant 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

no tice 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 th e 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 day s 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.

Ti er 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

Ne w citation 252:4

- 7

- 17. Permit decision

making 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 NewCurrent 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 befo re 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
oppo rtunities are combined. If NewCurrent 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
proce dures. 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 ei ther a construction or an operating permit. The State requested NewCurrent 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 re moves 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
proce dures. 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 mod ification 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. A ir 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 ye ar or more of any pollutant subject to regulation; and existing incinerators which apply for a change which would have caused it to NewCurrent 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. Perm itting 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 t he 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

- to

understand 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. Adminis trative 

### State effective date: 6/12/00

Reiterates existing definitions and creates new definitions which are used in NewCurrent 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. 

### T he State requested NOT

to include in SIP: paragraph (D) “Toxic Air Contaminant ... “, under definition of "Re gulated 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. Admi nistrative 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

Ne w 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 2 52:100

- 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 pay

ment, fines, and basis for annual operating fees. Revised and moved from Subchap ters 7 and 8 to Subchapter 5. Revises initial fees for processing major, minor or relocation permits; additional fees charged by

permit ty pe; and methods of pay

ment to the reviewing agency

. New citation 252:100

- 5

- 3 Confidentiality

of proprietary inform ation 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. NewCurrent 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. Def initions (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. 

### T he 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 Procedure s. 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 responsibilit y 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 Commissi oner to approval by

the DEQ. Revises the transfer of ownership language to state that it subjects the new ownerCurrent 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 r equested 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 mus t comply with applicable air pollution Revises approval by the Commissioner to app roval 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 Modify 1.4.2(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 auth orization to
construct for 18 months or less (or up to 36 months in special cases), and requirement for new BACT and air quality analy sis 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 fa cility ; add advance notice to DEQ of tests; emissions limits becomeCurrent 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 app lication 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 modificati on 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 i t 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 NewCurrent 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 f or 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. P urpose 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 re quirements 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 definitionsCurrent 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 constru ction 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

en forcement under the Oklahoma Clean Air Act. New

1.4.2 Construction Permit, 1.4.2(g) Cancellation of Authority to Construct or Modify 1.4.2(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 wil l 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 indus trial 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 in crement, the DEQ may

require any permittee to furnish a complete air quality analy sis 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 definitionsCurrent 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 re quirements 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

s ource 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 th is 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 require d 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 e ffective date: 06/01/01. For Part

70 construction permits: a DEQ

- issued permit must be obtained first, includes NewCurrent 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 MAC T 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 ap plications 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. Certi fication of truth,
accuracy and completeness. NewCurrent 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 cons titutes 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 ef fective 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
, Authorizatio n, Permit shield, Revisions, Permit content, and Renewal New

New citation 252:100

- 8

- 6.2. Complies with 40 State effective date 

### : 06/25/98 NewCurrent 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 day s before each change in location; and permit has conditions that assure compliance with all other provisions of this sectio n.

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. P ermit 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 NewCurrent 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 issuan ce 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 Pub lic availability

of information, omits Tier I public notice. State effective date 

### : 06/01/01. Defines

and outlines procedures; Corrects ty pographical 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, Per mittee'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 proced

ures (B) Application. This subsection relates that the permit application req’s of Tier Iunder OAC 252:2

- 15 shall be met by the applicant. OAC 252:2

- 15 includes the three Tier processes of the UEPA. Tier Iof the UEPA does not require public notice and

co mment 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

. NewCurrent 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 permi t, 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 D EQ 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 fin al 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. NewCurrent 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 revie w 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 hearin g. 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 2 52:100

- 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 wordCurrent 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 s ubstantive 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 ty pe 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 t he 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 indep endent 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 Enfo rceable 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 u sing 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 analy sis; Visibility

/other impacts analy sis.
1.4.4(g) Source Impacting Class I

areas (g)(1),(2) 25 2:100

- 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 s ubstantive 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 a n 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: s ize; 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 4 0

CFR 51.160. Legally Enforceable Procedures. Complies with 40 CFR Part 51. Appendix S State effective date 

### : 06/25/98. Non

attainment area requirements do not apply to a particular source/modification locating in or impacting a nonattainment
area; secon dary

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) Requirem ents 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 ef fective 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 Direct or 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 s ource.
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 defini tion 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, e tc. 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. NewCurrent 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 Enforce able 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 "REMED IATION", 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

ac tivities”). 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 "Miscellaneo us" in the first paragraph, the phrase "or 252:100

- 41

- 43(a)(5) ". New