reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 7 - Permits for Minor Facilities › Part 4 - OPERATING PERMITS › Section 252:100-7-18 - Operating permit

Current through Vol. 41, No. 20, July 1, 2024
(a)
Permit
				  required.
An operating permit is required for a minor facility as
				  specified in OAC 252:100-7-18(a)(1) and (2).
(1)
New facility.
No person
				  shall cause or authorize the operation of a new minor facility for more than a
				  180-day period after commencement of operation without applying for a
				  DEQ-issued air quality operating permit.
(2)
Modification of an existing
				  facility.
No person shall cause or authorize the operation of a minor
				  facility modified pursuant to OAC
				  252:100-7-15(a)(2)
				  for more than a 180-day period after commencement of operation without applying
				  for a DEQ-issued air quality operating permit or for modification of the
				  facility's existing operating permit.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 7 - Permits for Minor Facilities › Part 5 - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) REQUIREMENTS FOR ATTAINMENT AREAS [Revoked] › Section 252:100-7-30 - Applicability [AMENDED AND RENUMBERED TO 252:100-8-30]

Current through Vol. 41, No. 20, July 1, 2024
Added at 11 Ok Reg
					 977, eff 1-14-94 (emergency); Added at 11 Ok Reg 2031, eff 5-26-94; Amended and
					 renumbered to 252:100-8-30 at 15 Ok Reg 2590, eff
					 6-25-98
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 7 - Permits for Minor Facilities › Part 5 - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) REQUIREMENTS FOR ATTAINMENT AREAS [Revoked] › Section 252:100-7-31 - Definitions [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 11 Ok Reg
					 977, eff 1-14-94 (emergency); Added at 11 Ok Reg 2031, eff 5-26-94; Revoked at
					 15 Ok Reg 2590, eff 6-25-98
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 7 - Permits for Minor Facilities › Part 5 - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) REQUIREMENTS FOR ATTAINMENT AREAS [Revoked] › Section 252:100-7-32 - Source applicability determination [AMENDED AND RENUMBERED TO 252:100-8-32]

Current through Vol. 41, No. 20, July 1, 2024
Added at 11 Ok Reg
					 977, eff 1-14-94 (emergency); Added at 11 Ok Reg 2031, eff 5-26-94; Amended and
					 renumbered to 252:100-8-32 at 15 Ok Reg 2590, eff
					 6-25-98
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 7 - Permits for Minor Facilities › Part 5 - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) REQUIREMENTS FOR ATTAINMENT AREAS [Revoked] › Section 252:100-7-33 - Review, applicability and exemptions [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 11 Ok Reg
					 977, eff 1-14-94 (emergency); Added at 11 Ok Reg 2031, eff 5-26-94; Revoked at
					 15 Ok Reg 2590, eff 6-25-98
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 7 - Permits for Minor Facilities › Part 5 - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) REQUIREMENTS FOR ATTAINMENT AREAS [Revoked] › Section 252:100-7-34 - Control technology [AMENDED AND RENUMBERED TO 252:100-8-34]

Current through Vol. 41, No. 20, July 1, 2024
Added at 11 Ok Reg
					 977, eff 1-14-94 (emergency); Added at 11 Ok Reg 2031, eff 5-26-94; Amended and
					 renumbered to 252:100-8-34 at 15 Ok Reg 2590, eff
					 6-25-98
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 7 - Permits for Minor Facilities › Part 5 - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) REQUIREMENTS FOR ATTAINMENT AREAS [Revoked] › Section 252:100-7-35 - Air quality impact evaluation [AMENDED AND RENUMBERED TO 252:100-8-35]

Current through Vol. 41, No. 20, July 1, 2024
Added at 11 Ok Reg
					 977, eff 1-14-94 (emergency); Added at 11 Ok Reg 2031, eff 5-26-94; Amended and
					 renumbered to 252:100-8-35 at 15 Ok Reg 2590, eff
					 6-25-98
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 7 - Permits for Minor Facilities › Part 5 - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) REQUIREMENTS FOR ATTAINMENT AREAS [Revoked] › Section 252:100-7-36 - Source impacting Class I areas [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 11 Ok Reg
					 977, eff 1-14-94 (emergency); Added at 11 Ok Reg 2031, eff 5-26-94; Revoked at
					 15 Ok Reg 2590, eff 6-25-98
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 7 - Permits for Minor Facilities › Part 5 - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) REQUIREMENTS FOR ATTAINMENT AREAS [Revoked] › Section 252:100-7-37 - Innovative control technology [AMENDED AND RENUMBERED TO 252:100-8-37]

Current through Vol. 41, No. 20, July 1, 2024
Added at 11 Ok Reg
					 977, eff 1-14-94 (emergency); Added at 11 Ok Reg 2031, eff 5-26-94; Amended and
					 renumbered to 252:100-8-37 at 15 Ok Reg 2590, eff
					 6-25-98
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 7 - Permits for Minor Facilities › Part 7 - MAJOR SOURCES AFFECTING NONATTAINMENT AREAS [Revoked] › Section 252:100-7-50 - Applicability [AMENDED AND RENUMBERED TO 252:100-8-50]

Current through Vol. 41, No. 20, July 1, 2024
Added at 11 Ok Reg
					 977, eff 1-14-94 (emergency); Added at 11 Ok Reg 2031, eff 5-26-94; Amended and
					 renumbered to 252:100-8-50 at 15 Ok Reg 2590, eff
					 6-25-98
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 7 - Permits for Minor Facilities › Part 7 - MAJOR SOURCES AFFECTING NONATTAINMENT AREAS [Revoked] › Section 252:100-7-51 - Definitions [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 11 Ok Reg
					 977, eff 1-14-94 (emergency); Added at 11 Ok Reg 2031, eff 5-26-94; Revoked at
					 15 Ok Reg 2590, eff 6-25-98
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 7 - Permits for Minor Facilities › Part 7 - MAJOR SOURCES AFFECTING NONATTAINMENT AREAS [Revoked] › Section 252:100-7-52 - Source applicability determination [AMENDED AND RENUMBERED TO 252:100-8-52]

Current through Vol. 41, No. 20, July 1, 2024
Added at 11 Ok Reg
					 977, eff 1-14-94 (emergency); Added at 11 Ok Reg 2031, eff 5-26-94; Amended and
					 renumbered to 252:100-8-52 at 15 Ok Reg 2590, eff
					 6-25-98
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 7 - Permits for Minor Facilities › Part 7 - MAJOR SOURCES AFFECTING NONATTAINMENT AREAS [Revoked] › Section 252:100-7-53 - Exemptions [AMENDED AND RENUMBERED TO 252:100-8-53]

Current through Vol. 41, No. 20, July 1, 2024
Added at 11 Ok Reg
					 977, eff 1-14-94 (emergency); Added at 11 Ok Reg 2031, eff 5-26-94; Amended and
					 renumbered to 252:100-8-53 at 15 Ok Reg 2590, eff
					 6-25-98
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 7 - Permits for Minor Facilities › Part 7 - MAJOR SOURCES AFFECTING NONATTAINMENT AREAS [Revoked] › Section 252:100-7-54 - Requirements for sources located in nonattainment areas [AMENDED AND RENUMBERED TO 252:100-8-54]

Current through Vol. 41, No. 20, July 1, 2024
Added at 11 Ok Reg
					 977, eff 1-14-94 (emergency); Added at 11 Ok Reg 2031, eff 5-26-94; Amended and
					 renumbered to 252:100-8-54 at 15 Ok Reg 2590, eff
					 6-25-98
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 7 - Permits for Minor Facilities › Part 9 - PERMITS BY RULE › Section 252:100-7-60 - Permit by rule

Current through Vol. 41, No. 20, July 1, 2024
(a)
Applicability.
A permit by rule (PBR) may be adopted for an
				  industry(s) to streamline the air quality permitting procedures required by OAC
				  252:100-7-15
				  and -18, if there are a sufficient number of facilities that meet the
				  requirements of
				  252:100-7-15(b)(1)
				  and that have the same or substantially similar operations, emissions, and
				  activities that are subject to the same standards, limitations, and operating
				  and monitoring requirements.
(1) A facility
				  may be constructed or operated under this rule and will be exempt from any
				  other permitting requirements in this Chapter if it meets the requirements of
				  252:100-7-15(b)(1),
				  252:100-7-60, and the appropriate PBR.
(2) A facility cannot be registered under
				  more than one PBR at the same time or under a PBR and a general or individual
				  permit at the same time. However, the owner or operator may apply for a change
				  in a facility's registration from one PBR to another PBR if the facility meets
				  the criteria of the "new" PBR. The owner or operator may apply for a change in
				  a facility's air quality permit from a general or an individual permit to
				  registration under a PBR for which the facility qualifies.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 7 - Permits for Minor Facilities › Part 9 - PERMITS BY RULE › Section 252:100-7-60.1 - Cotton gins

Current through Vol. 41, No. 20, July 1, 2024
See
					 252:100-23-7.
Added at 16 Ok Reg
					 1759, eff 6-11-99
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 7 - Permits for Minor Facilities › Part 9 - PERMITS BY RULE › Section 252:100-7-60.2 - Grain elevators

Current through Vol. 41, No. 20, July 1, 2024
See
					 252:100-24-7.
Added at 16 Ok Reg
					 1759, eff 6-11-99
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 7 - Permits for Minor Facilities › Part 9 - PERMITS BY RULE › Section 252:100-7-60.3 - Particulate matter emissions

Current through Vol. 41, No. 20, July 1, 2024
See
					 252:100-19-13.
Added at 20 Ok Reg
					 1576, eff 6-12-03
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 7 - Permits for Minor Facilities › Part 9 - PERMITS BY RULE › Section 252:100-7-60.4 - VOC storage and loading facilities

Current through Vol. 41, No. 20, July 1, 2024
See 252:100-37, Part 9.
Added at 20 Ok Reg
					 1576, eff 6-12-03
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 7 - Permits for Minor Facilities › Part 9 - PERMITS BY RULE › Section 252:100-7-60.5 - Oil and natural gas sector

Current through Vol. 41, No. 20, July 1, 2024
(a)
Applicability.
This PBR is issued for minor facilities and area
				  sources in the oil and natural gas (O&NG) sector. This includes but is not
				  limited to facilities subject to federal standards, primarily Subparts IIII,
				  JJJJ, OOOO, and OOOOa of the federal NSPS, 40 CFR Part 60, and Subparts HH and
				  ZZZZ of the federal NESHAP, 40 CFR Part 63, as cited in this PBR and
				  incorporated by reference in OAC 252:100-2 and Appendix Q to Chapter 100.
				  Specifically, this PBR applies to the following:
(1)
Eligible minor facilities and area
				  sources.
New and existing minor facilities and area sources in the
				  O&NG sector are eligible for this PBR, provided they comply with the
				  conditions in (A) through (G) of this paragraph.
(A) The facility has actual emissions of 40
				  TPY or less of each regulated air pollutant, except HAPs.
(B) The facility has potential emissions of
				  each regulated air pollutant, except HAPs, that are less than the emission
				  levels that require prevention of significant deterioration (PSD),
				  nonattainment new source review (NNSR), and Part 70 permits.
(C) The facility does not emit or have
				  potential emissions of 10 TPY or more of any single HAP or 25 TPY or more of
				  any combination of HAPs.
(D) For
				  the purpose of determining if a facility is eligible for registration under
				  this PBR, the calculation of actual emissions may include emission reductions
				  that will be made enforceable by registration under this PBR.
(E) Only for the purpose of determining if a
				  facility is eligible for registration under this PBR, the calculation of
				  potential emissions shall not include emission reductions resulting from any
				  physical or operational limitation (including capacity limitations, use of air
				  pollution control equipment, and/or restrictions on hours of operation or on
				  the type or amount of material combusted, stored, or processed). Affected
				  sources subject to a federal standard (NSPS or NESHAP) may include enforceable
				  limitations in the calculation of potential emissions.
(F) The facility must meet the criteria in
				  252:100-7-15(b)(1)(C) through
				  (E).
(G) The facility is not otherwise a Part 70
				  source.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 7 - Permits for Minor Facilities › Part 9 - PERMITS BY RULE › Section 252:100-7-60.6 - Emergency engine facilities

Current through Vol. 41, No. 20, July 1, 2024
(a)
Applicability.
This PBR is issued for minor facilities and area
				  sources whose only obligation to obtain a permit is due to the construction
				  (installation) and/or operation of an emergency engine that is subject to an
				  emission standard, equipment standard, or work practice standard in the federal
				  NSPS (40 CFR Part 60) or the federal NESHAP (40 CFR Parts 61 and 63). This
				  includes but is not limited to facilities subject to 40 CFR Part 60, primarily
				  Subparts IIII and JJJJ, and/or 40 CFR Part 63, primarily Subpart ZZZZ, as cited
				  in this PBR and incorporated by reference in OAC 252:100-2 and Appendix Q to
				  Chapter 100. Specifically, this PBR applies to the following:
(1)
Eligible minor facilities and area
				  sources.
New and existing minor facilities and area sources are eligible
				  for this PBR, provided they comply with the conditions in (A) through (F) of
				  this paragraph.
(A) The obligation to obtain
				  a permit from the DEQ is solely because of the presence of one or more
				  emergency engines.
(B) The facility
				  has actual emissions of 40 TPY or less of each regulated air pollutant, except
				  HAPs.
(C) The facility has
				  potential emissions of each regulated air pollutant, except HAPs, that are less
				  than the emission levels that require prevention of significant deterioration
				  (PSD), nonattainment new source review (NNSR), and Part 70 permits.
(D) The facility does not emit or have
				  potential emissions of 10 TPY or more of any single HAP and 25 TPY or more of
				  any combination of HAPs.
(E) The
				  facility must meet the criteria in
				  252:100-7-15(b)(1)(D) and
				  (E).
(F) The facility is not otherwise a Part 70
				  source.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 7 - Permits for Minor Facilities › Part 9 - PERMITS BY RULE › Section 252:100-7-60.7 - Gasoline dispensing facilities and gasoline dispensing facilities with emergency engines

Current through Vol. 41, No. 20, July 1, 2024
(a)
Applicability.
This PBR is issued for minor facilities and area
				  sources whose primary or only obligation to obtain a permit is due to the
				  construction (installation) and/or operation of a gasoline dispensing facility
				  that is subject to an emission standard, equipment standard, or work practice
				  standard in the federal NSPS (40 CFR Part 60) or the federal NESHAP (40 CFR
				  Parts 61 and 63). This includes facilities subject to 40 CFR Part 60, Subparts
				  IIII and JJJJ, and/or 40 CFR Part 63, primarily Subparts ZZZZ, and CCCCCC, as
				  cited in this PBR and incorporated by reference in OAC 252:100-2 and Appendix Q
				  to Chapter 100. Specifically, this PBR applies to the following:
(1)
Eligible minor facilities and area
				  sources.
New minor facilities and area sources are eligible for this
				  PBR, provided they comply with the conditions in (A) through (F) of this
				  paragraph.
(A) The obligation to obtain a
				  permit from the DEQ is solely due to the presence of a gasoline dispensing
				  facility, or the presence of a gasoline dispensing facility and an emergency
				  engine.
(B) The facility has actual
				  emissions of 40 TPY or less of each regulated air pollutant, except
				  HAPs.
(C) The facility has
				  potential emissions of each regulated air pollutant, except HAPs, that are less
				  than the emission levels that require prevention of significant deterioration
				  (PSD), non attainment new source review (NNSR), and Part 70 permits.
(D) The facility does not emit or have
				  potential emissions of 10 TPY or more of any single HAP, and does not emit or
				  have potential emissions of 25 TPY or more of any combination of
				  HAPs.
(E) The facility must meet
				  the criteria in
				  252:100-7-15(b)(1)(D) and
				  (E).
(F) The facility is not otherwise a Part 70
				  source.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 8 - Permits for Part 70 Sources and Major New Source Review (NSR) Sources › Part 1 - GENERAL PROVISIONS › Section 252:100-8-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter sets forth permit application fees and the
					 substantive requirements for permits for Part 70 sources.
Added at 11 Ok Reg
					 977, eff 1-14-94 (emergency); Added at 11 Ok Reg 2031, eff 5-26-94; Amended at
					 15 Ok Reg 2590, eff 6-25-98
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 8 - Permits for Part 70 Sources and Major New Source Review (NSR) Sources › Part 1 - GENERAL PROVISIONS › Section 252:100-8-1.2 - General information

Current through Vol. 41, No. 20, July 1, 2024
(a)
Permit categories.
Two types of construction and operating permits
				  are available: general permit and individual permit.
(1)
General permit.
(A) A general permit may be issued for an
				  industry if there are a sufficient number of facilities that have the same or
				  substantially similar operations, emissions and activities which are subject to
				  the same standards, limitations and operating and monitoring
				  requirements.
(B) Facilities may be
				  eligible for authorization under a general permit if the following criteria are
				  met:
(i) The facility has actual emissions of
				  100 tpy or more of any one regulated air pollutant emitted and/or is a Part 70
				  source.
(ii) The DEQ has issued a
				  general permit for the industry.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 8 - Permits for Part 70 Sources and Major New Source Review (NSR) Sources › Part 1 - GENERAL PROVISIONS › Section 252:100-8-1.3 - Duty to comply

Current through Vol. 41, No. 20, July 1, 2024
(a) An owner or
				  operator who applies for a permit or authorization, upon notification of
				  coverage, shall be bound by the terms and conditions therein.
(b) An owner or operator who violates any
				  condition of a permit or authorization is subject to enforcement under the
				  Oklahoma Clean Air Act.
Added at 15 Ok Reg
					 2590, eff 6-25-98
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 8 - Permits for Part 70 Sources and Major New Source Review (NSR) Sources › Part 1 - GENERAL PROVISIONS › Section 252:100-8-1.4 - Cancellation or extension of a construction permit or authorization under a general construction permit

Current through Vol. 41, No. 20, July 1, 2024
(a)
Cancellation of permit or authorization to construct or modify.
A
				  duly issued permit or authorization to construct or modify will terminate and
				  become null and void (unless extended as provided in Subsection (b) of this
				  Section) if the construction is not commenced within 18 months after the date
				  the permit or authorization was issued, or if work is suspended for more than
				  18 months after it has commenced.
(b)
Extension of permit or
				  authorization to construct or modify.
(1) Prior to the expiration date of the
				  permit or authorization, a permittee may apply for extension of the permit or
				  authorization by written request of the DEQ stating the reasons for the delay
				  or suspension and providing justification for the extension. The DEQ may grant:
(A) One extension of 18 months or less,
				  or
(B) One extension of up to 36
				  months where the applicant is proposing to expand an already existing facility
				  to accommodate the proposed new construction or the applicant has expended a
				  significant amount of money (1% of total project cost as identified in the
				  original application, not including land cost) in preparation for meeting the
				  definition of "commence construction" at the proposed site, or
(C) One extension of up to 72 months will be
				  granted to major industrial facilities (project cost greater than
				  $100,000,000.00), where the applicant proposes to construct at an existing site
				  and demonstrates that the existing site was originally designed and constructed
				  to accommodate the proposed new facilities. The applicant shall show a
				  commitment to the site by having purchased land necessary to construct
				  facilities covered by this extension and expended $1,000,000.00 or more on
				  engineering and/or site development.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 8 - Permits for Part 70 Sources and Major New Source Review (NSR) Sources › Part 1 - GENERAL PROVISIONS › Section 252:100-8-1.5 - Stack height limitations

Current through Vol. 41, No. 20, July 1, 2024
(a)
Stack height exclusion.
Air quality modeling or ambient impact
				  evaluation shall exclude the effect of that portion of the height of any stack
				  which exceeds good engineering practice or the effect of any other dispersion
				  techniques.
(b)
Determination
				  of good engineering practice (GEP) stack height.
GEP stack height shall
				  be the greater of:
(1) 65 meters, measured
				  from the ground-level elevation at the base of the stack; or
(2) The height under either OAC
				  252:100-8-1.5(b)(2)(A) or (B):
(A) for stacks
				  in existence on January 12, 1979 and for which the owner or operator had
				  obtained all applicable permits or approvals required under OAC 252:100-8 or 40
				  CFR Part 52, Hg = 2.5H, provided the owner or operator can demonstrate that
				  this equation was relied upon in establishing an emission limitation;
(B) for all other stacks, Hg = H + 1.5L,
				  where:
(i) Hg = good engineering practice
				  stack height, measured from the ground-level elevation at the base of the
				  stack,
(ii) H = height of nearby
				  structure(s) measured from the ground-level elevation at the base of the
				  stack,
(iii) L = lesser dimension
				  (height or projected width) of nearby structure(s), provided that the owner or
				  operator may be required to verify such GEP stack height by the use of a field
				  study or fluid model as the Executive Director shall determine; or
(3) The height
				  demonstrated by a fluid model or a field study approved by the reviewing
				  agency, which ensures that the emissions from a stack do not result in
				  excessive concentrations of any air pollutant as a result of atmospheric
				  downwash, wakes, or eddy effects created by the source itself, nearby
				  structures, or nearby terrain features.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 8 - Permits for Part 70 Sources and Major New Source Review (NSR) Sources › Part 3 - PERMIT APPLICATION FEES › Section 252:100-8-1.7 - Permit application fees

Current through Vol. 41, No. 20, July 1, 2024
A permit application or a request for an applicability
					 determination will be assessed a one-time fee, which must accompany the
					 application or request. Applications received without appropriate fees are
					 administratively incomplete. Fees must be paid by check or money order made
					 payable to the Department of Environmental Quality in accordance with the
					 following fee schedule:
(1)
Applicability determination.
$500, to be credited against the
				  construction or operating permit application fee, if a permit is required. If
				  no permit is required, the fee will be retained to cover the cost of making the
				  determination.
(2)
Construction permit application.
(A) New Part 70 source - $7500.
(B) Modification of a Part 70 source -
				  $5000.
(C) Authorization under a
				  general permit - $900.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 8 - Permits for Part 70 Sources and Major New Source Review (NSR) Sources › Part 5 - PERMITS FOR 70 SOURCES › Section 252:100-8-3 - Applicability

Current through Vol. 41, No. 20, July 1, 2024
(a)
Covered sources.
Except as
				  exempted from the requirement to obtain a permit under subsection (b) of this
				  Section or elsewhere in this Subchapter, the sources listed below are subject
				  to the permitting requirements under this Subchapter. A major source or major
				  stationary source shall remain a Part 70 source until a federally enforceable
				  permit is obtained which contains emission limitations and/or conditions to
				  limit the operation of the facility to below that which would define it as a
				  covered source pursuant to this section.
(1)
				  Any major source (as defined in OAC
				  252:100-8-2
				  );
(2) Any source subject to a
				  NSPS;
(3) Any source, including an
				  area source, subject to a NESHAP;
(4) Any affected source (as defined in OAC
				  252:100-8-2
				  );
(5) Any source in a source
				  category designated by the Administrator pursuant to
				  40
				  CFR §70.3; and
(6) Any major stationary source required to
				  have a permit under Parts 7 or 9 of this Subchapter.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 8 - Permits for Part 70 Sources and Major New Source Review (NSR) Sources › Part 5 - PERMITS FOR 70 SOURCES › Section 252:100-8-6 - Permit content

Current through Vol. 41, No. 20, July 1, 2024
(a)
Standard
				  permit requirements.
Part 70 permits issued under this Chapter shall
				  include all applicable requirements and state-only requirements (as defined in
				  OAC
				  252:100-8-2 ) that
				  apply to the permitted source at the time of issuance. Each permit shall
				  include the elementsin paragraphs (1) through (4) of subsection (a) of this
				  Section.
(1)
Emission limitations and
				  standards.
The permit shall specify emissions limitations and standards
				  that constitute applicable requirements and state-only requirements and shall
				  include those operational conditions and limitations necessary to assure
				  compliance with all such requirements.
(A)
				  The permit shall specify and reference the origin of and authority for each
				  term or condition, and identify any difference in form as compared to the
				  applicable requirement or state-only requirement upon which the term or
				  condition is based.
(B) The permit
				  shall state that, where an applicable requirement of the Act is more stringent
				  than an applicable requirement of regulations promulgated under Title IV of the
				  Act, both provisions shall be incorporated into the permit and shall be
				  enforceable by EPA.
(C) If the
				  State implementation plan or an applicable requirement allows a source to
				  comply through an alternative emission limit or means of compliance, a source
				  may request that such an alternative limit or means of compliance be specified
				  in its permit. Such an alternative emission limit or means of compliance shall
				  be included in a source's permit upon a showing that it is quantifiable,
				  accountable, enforceable, and based on replicable procedures. The source shall
				  propose permit terms and conditions to satisfy these requirements in its
				  application.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 8 - Permits for Part 70 Sources and Major New Source Review (NSR) Sources › Part 5 - PERMITS FOR 70 SOURCES › Section 252:100-8-6.2 - Temporary sources

Current through Vol. 41, No. 20, July 1, 2024
The DEQ may issue a single permit authorizing emissions
					 from similar operations by the same source owner or operator at multiple
					 temporary locations. The operation must be temporary and involve at least one
					 change of location during the term of the permit. No affected source shall be
					 permitted as a temporary source. Permits for temporary sources shall include
					 the following:
(1) Conditions that
				  will assure compliance with all applicable requirements at all authorized
				  locations;
(2) Requirements that
				  the owner or operator notify the permitting authority at least ten days in
				  advance of each change in location; and
(3) Conditions that assure compliance with
				  all other provisions of this section.
Added at 15 Ok Reg
					 2590, eff 6-25-98
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 8 - Permits for Part 70 Sources and Major New Source Review (NSR) Sources › Part 5 - PERMITS FOR 70 SOURCES › Section 252:100-8-6.3 - Special provisions for affected (acid rain) sources

Current through Vol. 41, No. 20, July 1, 2024
(a)
Application binding until permit
				  issuance or denial.
A complete acid rain permit application is binding
				  on the applicant and enforceable as a permit until an acid rain permit is
				  issued or denied. For applicable permitting processes, see OAC
				  252:4-7.
(b)
Exemption
				  petitions.
Applicants with small units that burn low sulfur fuel or
				  sources that retire a unit can petition to have such units exempted from
				  certain permitting and monitoring requirements under the acid rain
				  regulations.
(c)
Permit
				  shield.
The acid rain portion of every operating permit is covered by a
				  permit shield. This shield assures that an applicant operating in accordance
				  with a permit issued in accordance with Title IV of the Act, will be deemed to
				  be operating in compliance with the Acid Rain Program.
(d)
Modifications.
See
				  40 CFR
				  72.82.
(e)
Duration.
Acid rain permits
				  will have a term of five years commencing on the permits effective date. The
				  DEQ may issue a permit with a future effective date.
(f)
Right of intervention.
The
				  Administrator may intervene as a matter of right in any administrative appeal
				  involving an Acid Rain permit or denial of an Acid Rain permit.
(g)
Administrative appeal.
The
				  administrative appeal period shall be no more than 90 days following the
				  issuance of the Acid Rain permit and the judicial appeal period shall be no
				  more than 90 days following a final agency action.
(h)
Adoption of 40 CFR Part 72 by
				  reference.
DEQ hereby adopts and incorporates by reference the
				  provisions of 40 CFR Part 72, as published in the Federal Register on January
				  11, 1993, on March 23, 1993, and on October 24, 1997, for purposes of
				  implementing an acid rain program that meets the requirements of Title IV of
				  the Act. The term "permitting authority" shall mean the Oklahoma Department of
				  Environmental Quality and the term "Administrator" shall mean the Administrator
				  of the United States Environmental Protection Agency. If the provisions or
				  requirements of 40 CFR Part 72 conflict with or are not included in 252:100-8,
				  the Part 72 provisions and requirements shall apply and take
				  precedence.
Added at 15 Ok Reg
					 2590, eff 6-25-98; Amended at 22 Ok Reg 1111, eff
					 6-15-05
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 8 - Permits for Part 70 Sources and Major New Source Review (NSR) Sources › Part 5 - PERMITS FOR 70 SOURCES › Section 252:100-8-7 - Permit issuance

Current through Vol. 41, No. 20, July 1, 2024
(a)
Criteria
				  for issuance.
A permit, permit modification, or renewal may be issued
				  only if the applicable requirements of 27A O.S. §§ 2-14-101 through
				  2-14-401; OAC 252:4-7; and this Chapter have been met and the DEQ has
				  determined that the conditions of the permit provide for compliance with all
				  applicable requirements and, for applications subject to OAC
				  252:100-8-8,
				  that the requirements of that Section have been satisfied.
(b)
Draft permits and notice
				  thereof.
See OAC 252:4-7. A statement that sets forth the legal and
				  factual basis for the draft permit conditions (including references to the
				  applicable statutory or regulatory provisions) shall accompany the draft
				  permit.
(c)
EPA
				  review.
See OAC
				  252:100-8-8.
(d)
DEQ final action.
See OAC
				  252:4-7 and
				  252:100-8-8
				  when applicable.
(e)
Timeline
				  for technical review and issuance.
The DEQ shall take final action on
				  each application for a permit within 18 months after beginning its technical
				  review in accordance with OAC
				  252:4-7-4
				  through
				  252:4-7-12
				  and OAC
				  252:4-7-31;
				  and OAC
				  252:100-8-4(b)(7).
Added at 11 Ok Reg
					 977, eff 1-14-94 (emergency); Added at 11 Ok Reg 2031, eff 5-26-94; Amended at
					 13 Ok Reg 1919, eff 7-1-96; Amended at 15 Ok Reg 2590, eff 6-25-98; Amended at
					 18 Ok Reg 1455, eff 6-1-01; Amended at 22 Ok Reg 1111, eff
					 6-15-05
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 8 - Permits for Part 70 Sources and Major New Source Review (NSR) Sources › Part 5 - PERMITS FOR 70 SOURCES › Section 252:100-8-7.1 - Permit renewal and expiration

Current through Vol. 41, No. 20, July 1, 2024
(a)
Timely application for permit renewal.
(1) Applications for permit renewal and for
				  permits for new Part 70 sources or amendments, shall be considered timely if
				  the applicant meets the requirements of this subsection.
(2) Stationary sources operating under
				  permits issued by the DEQ under this Subchapter shall apply for permit
				  reissuance at least 180 days before the expiration of the existing permit,
				  unless the permit specifies that the application must be submitted sooner. The
				  DEQ shall require in a permit that a reissuance application be submitted sooner
				  if it determines that an earlier application is needed to minimize the
				  possibility of expiration prior to reissuance. The DEQ may make the
				  determination if it anticipates a relatively lengthy permit review process due
				  to the complexity of the stationary source or anticipated involvement of the
				  public. In no event shall the permit require application for reissuance sooner
				  than eighteen months prior to the expiration of the permit.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 8 - Permits for Part 70 Sources and Major New Source Review (NSR) Sources › Part 5 - PERMITS FOR 70 SOURCES › Section 252:100-8-7.2 - Administrative permit amendments and permit modifications

Current through Vol. 41, No. 20, July 1, 2024
(a)
Administrative permit
				  amendments.
(1) An administrative
				  permit amendment:
(A) Corrects typographical
				  errors;
(B) Identifies a change in
				  the name, address, or phone number of any person identified in the permit, or
				  provides a similar minor administrative change at the source;
(C) Requires more frequent monitoring or
				  reporting by the permittee;
(D)
				  Allows for a change in ownership or operational control of a source where no
				  other change in the permit is necessary, provided that a written agreement
				  containing a specific date for transfer of permit responsibility, coverage, and
				  liability between the current and new permittee has been submitted to the
				  DEQ;
(E) Incorporates into an
				  existing Part 70 source operating permit the requirements from preconstruction
				  review permits issued by the DEQ under this Part and the enhanced NSR process
				  public notice procedures of OAC
				  252:4-7-13(g)(4).
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 8 - Permits for Part 70 Sources and Major New Source Review (NSR) Sources › Part 5 - PERMITS FOR 70 SOURCES › Section 252:100-8-7.3 - Reopening of operating permits for cause

Current through Vol. 41, No. 20, July 1, 2024
(a)
Mandatory reopening.
Each
				  issued permit shall include provisions specifying the conditions under which
				  the permit will be reopened prior to the expiration date of the permit. A
				  permit shall be reopened and revised under any of the following circumstances:
(1) Additional federal applicable
				  requirements become applicable to a stationary source with a remaining permit
				  term of three or more years. Such a reopening and amendment shall be completed
				  not later than 18 months after promulgation of the federal applicable
				  requirement. Reopening is allowed if an applicable requirement becomes
				  effective and the original permit or any of its terms and conditions has been
				  extended pursuant to the application shield provided at
				  252:100-8-7.1(d)(2)
				  beyond the 18-month timeframe for revision. No such reopening is required if
				  the effective date of the requirement is later than the date on which the
				  permit is due to expire.
(2)
				  Additional requirements (including excess emissions requirements) become
				  applicable to an affected source under the acid rain program. Upon approval by
				  the Administrator, excess emissions offset plans shall be deemed to be
				  incorporated into the permit.
(3)
				  The DEQ or the EPA determines that the permit contains a material mistake or
				  that inaccurate statements were made in establishing the emissions standards,
				  limitations, or other terms or conditions of the permit.
(4) The Administrator or the DEQ determines
				  that the permit must be revised or revoked to assure compliance with the
				  applicable requirements.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 8 - Permits for Part 70 Sources and Major New Source Review (NSR) Sources › Part 5 - PERMITS FOR 70 SOURCES › Section 252:100-8-7.4 - Revocations of operating permits

Current through Vol. 41, No. 20, July 1, 2024
(a)
Revocation of a permit or authorization under a general permit without
				  reissuance.
The DEQ may revoke permits or authorizations under a general
				  permit and not reissue them when:
(1) there
				  exists at the permitted facility unresolved noncompliance with applicable
				  requirements or a condition of the permit or authorization, and the permittee
				  refuses to undertake an enforceable schedule of compliance to resolve the
				  noncompliance;
(2) the permittee
				  fails to disclose fully the facts relevant to issuance of the permit or
				  authorization or submits false or misleading information to the DEQ or the
				  Administrator;
(3) the permittee
				  has failed to comply with any requirement under 252:100-5 to pay fees;
				  or
(4) the permittee has failed to
				  pay a penalty owed pursuant to court order, consent decree, stipulation
				  agreement, or schedule of compliance.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 8 - Permits for Part 70 Sources and Major New Source Review (NSR) Sources › Part 5 - PERMITS FOR 70 SOURCES › Section 252:100-8-7.5 - Judicial review

Current through Vol. 41, No. 20, July 1, 2024
Any final action in granting or denying an application for
					 a permit, permit amendment or modification, or permit 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. Except for authorizations under
					 General Permits, judicial review is available to all affected parties for all
					 final permit actions including minor modifications and administrative actions.
					 If no public comment procedure was employed for the action under challenge, an
					 application for review may be filed by the permittee or an affected state. The
					 opportunity for judicial review provided for in this subsection shall be the
					 exclusive means for obtaining judicial review of any permit action.
(1) No application for judicial review may be
				  filed more than 90 days following the final action on which review is sought,
				  unless the grounds for review arose at a later time, in which case the
				  application for review shall be filed within 90 days of the date on which the
				  grounds for review first arose and review shall be limited to such
				  later-arising grounds.
(2) Any
				  application for judicial review shall be limited to issues that:
(A) were raised in comments filed with the
				  DEQ or during a public hearing on the proposed permit action (if the grounds on
				  which review is sought were known at that time), except that this restriction
				  shall not apply if the person seeking review was not afforded an advance
				  opportunity to comment on the challenged action; and
(B) are germane and material to the permit
				  action at issue.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 8 - Permits for Part 70 Sources and Major New Source Review (NSR) Sources › Part 5 - PERMITS FOR 70 SOURCES › Section 252:100-8-9 - Permit fees

Current through Vol. 41, No. 20, July 1, 2024
[252:100-8-9(a), (b), (c), (d)(1), (d)(3) and (d)(4)
					 amended and renumbered to 252:100-5. 252:100-8-9(d)(2) amended and renumbered
					 to
					 252:100-8-1.7
					 ]
Added at 11 Ok Reg
					 977, eff 1-14-94 (emergency); Added at 11 Ok Reg 2031, eff 5-26-94; Amended at
					 12 Ok Reg 733, eff 1-5-95 (emergency); Amended at 12 Ok Reg 1609, eff 7-1-95;
					 Amended at 15 Ok Reg 2590, eff 6-25-98
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 8 - Permits for Part 70 Sources and Major New Source Review (NSR) Sources › Part 7 - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) REQUIREMENTS FOR ATTAINMENT AREAS › Section 252:100-8-30 - Applicability

Current through Vol. 41, No. 20, July 1, 2024
(a)
General applicability.
(1) The requirements of this Part shall apply
				  to the construction of any new major stationary source or any project that is a
				  major modification at an existing major stationary source in an area designated
				  as attainment or unclassifiable under sections 107(d)(1)(A)(ii) or (iii) of the
				  Act.
(2) The requirements of OAC
				  252:100-8-34
				  through
				  252:100-8-36.2
				  apply to the construction of any new major stationary source or the major
				  modification of any existing major stationary source, except as this Part
				  otherwise provides.
(3) No new
				  major stationary source or major modification to which the requirements of OAC
				  252:100-8-34
				  through
				  252:100-8-36.2(b)
				  apply shall begin actual construction without a permit that states that the
				  major stationary source or major modification will meet those
				  requirements.
(4) The requirements
				  of OAC 252:100-8, Parts 1, 3, and 5 also apply to the construction of all new
				  major stationary sources and major modifications.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 8 - Permits for Part 70 Sources and Major New Source Review (NSR) Sources › Part 7 - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) REQUIREMENTS FOR ATTAINMENT AREAS › Section 252:100-8-32 - Source applicability determination [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended and renumbered
					 from 252:100-7-32 at 15 Ok Reg 2590, eff 6-25-98; Revoked at 23 Ok Reg 1699,
					 eff 6-15-06
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 8 - Permits for Part 70 Sources and Major New Source Review (NSR) Sources › Part 7 - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) REQUIREMENTS FOR ATTAINMENT AREAS › Section 252:100-8-32.1 - Ambient air increments and ceilings

Current through Vol. 41, No. 20, July 1, 2024
(a)
Ambient air increments.
Increases in pollutant concentration over the baseline concentration in Class
				  I, II, or III areas shall be limited to those listed in OAC
				  252:100-3-4
				  regarding significant deterioration increments.
(b)
Ambient air ceilings.
No
				  concentration of a pollutant shall exceed whichever of the following
				  concentrations is lowest for the pollutant for a period of exposure:
(1) the concentration allowed under the
				  secondary NAAQS, or
(2) the
				  concentration permitted under the primary NAAQS.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 8 - Permits for Part 70 Sources and Major New Source Review (NSR) Sources › Part 7 - PREVENTION OF SIGNIFICANT DETERIORATION (PSD) REQUIREMENTS FOR ATTAINMENT AREAS › Section 252:100-8-32.2 - Exclusion from increment consumption

Current through Vol. 41, No. 20, July 1, 2024
The following cases are excluded from increment
					 consumption.
(1) Concentrations from
				  an increase in emissions from any stationary source converting from the use of
				  petroleum products, natural gas, or both by reason of any order under sections
				  2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974
				  (or any superseding legislation), or by reason of a natural gas curtailment
				  plan pursuant to the Federal Power Act shall be excluded.
(A) Such exclusion is limited to five years
				  after the effective date of the order or plan whichever is
				  applicable.
(B) If both an order
				  and a plan are applicable, the exclusion shall not apply more than five years
				  after the later of the effective dates.