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 252:100-8-4 - Requirements for construction and operating permits

Current through Vol. 41, No. 20, July 1, 2024
(a)
Construction permits.
(1)
Construction permit
				  required.
(A)
Facilities without
				  Part 70 operating permits.
Except as provided in OAC
				  252:100-8-4(a)(1)(D), no person shall begin actual construction or installation
				  of any new source that will require a Part 70 operating permit without first
				  obtaining a DEQ-issued air quality construction permit under Part 5 of OAC
				  252:100-8.
(B)
Facilities
				  with Part 70 operating permits.
Except as provided in OAC
				  252:100-8-4(a)(1)(D), a construction permit is also required prior to
(i) reconstruction of a major affected source
				  under 40 CFR Part 63 ,
(ii)
				  reconstruction of a major source if it would then become a major affected
				  source under 40 CFR Part 63 ,
(iii)
				  commencement of any physical change or change in method of operation that would
				  be a significant modification under OAC
				  252:100-8-7.2(b)(2),
				  or
(iv) commencement of any
				  physical change or change in method of operation that, for any one regulated
				  air pollutant, would increase potential to emit by more than 10 TPY, calculated
				  using the approach in
				  40
				  C.F.R. Section
				  49.153(b).
(C)
Additional Requirements.
In
				  addition to the requirements of this Part, sources subject to Part 7 or Part 9
				  of this Subchapter must also meet the applicable requirements contained
				  therein.
(D)
Construction
				  Activities Prior to Issuance of a Minor NSR (Construction) Permit.
After
				  the submission of an administratively complete minor NSR construction permit
				  application, but prior to the issuance of the corresponding construction
				  permit, an applicant may begin construction up to, but not including, making
				  any new, modified, or reconstructed unit operational such that it has the
				  ability to emit any regulated air pollutant. The applicant assumes the risk of
				  losing any investment it makes toward implementing such construction prior to
				  the issuance of a construction permit authorizing the construction. If a minor
				  NSR project necessitates determination of BACT, and the BACT recommended in the
				  permit application is not approved in whole or in part by DEQ, the subsequent
				  resolution of the appropriate selection of BACT shall be based upon the
				  facility's pre-application physical configuration. DEQ retains the authority to
				  deny the permit application without consideration of and regardless of any
				  investment the applicant has made prior to permit issuance. This subparagraph
				  does not serve as authorization by DEQ of the requested construction. In
				  addition, this exception does not exempt the owner or operator from any
				  applicable requirements under federal rules (e.g., NSPS or NESHAP) or
				  state-only regulations.