Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 7 - Permits for Minor Facilities › Part 1 - GENERAL PROVISIONS › Section 252:100-7-1.1 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms when used in this Subchapter
					 shall have the following meaning unless the context clearly indicates
					 otherwise:
"Actual emissions"
means the total amount of
					 any regulated air pollutant actually emitted from a given facility during a
					 particular calendar year, determined using methods contained in OAC
					 252:100-5-2.1(d).
"Administratively complete"
means an
					 application that provides:
(A) All information required under OAC
					 252:100-7-15(c)
					 and
					 252:100-7-18(e);
(B) A landowner affidavit as required by OAC
					 252:4-7-13(b);
(C) The appropriate application fees as required by OAC
					 252:100-7-3;
					 and
(D) Valid certification by the applicant.
"Best Available Control Technology"
or
"BACT"
means the best control technology that is currently
					 available as determined by the Director on a case-by-case basis, taking into
					 account energy, environmental, and economic impacts and other costs.
"Commence"
means, as applied to the
					 construction or modification of a minor facility to which neither a NSPS or
					 NESHAP applies, that the owner or operator has begun the construction or
					 installation of the emitting equipment on a pad or in the final location at the
					 facility.
"De minimis facility"
means a facility that
					 meets the requirements contained in paragraphs (A) and (B) of this
					 definition.
(A) All the air pollutant emitting activities at the
					 facility are on the de minimis list contained in Appendix H or the facility
					 meets all of the following de minimis criteria:
(i) The facility has actual emissions of 5 TPY or less of
					 each regulated air pollutant, except that fraction of particulate matter that
					 exhibits an aerodynamic particulate diameter of more than 10 micrometers
					 (µm).
(ii) The facility is not a "major source" as defined in OAC
					 252:100-8-2.
(iii) The facility is not a "major stationary source" as
					 defined in OAC
					 252:100-8-31 for
					 facilities in attainment areas.
(iv) The facility is not a "major stationary source" as
					 defined in OAC
					 252:100-8-51 for
					 facilities in nonattainment areas.
(v) The facility is not operated in conjunction with
					 another facility or source that is subject to air quality permitting.
(vi) The facility has not opted to obtain or retain an Air
					 Quality Division permit.
(B) The facility is not subject to the Federal NSPS ( 40
					 CFR Part 60) or the Federal NESHAP (40 CFR Parts 61 and 63) .
"Emergency engine"
means a stationary engine
					 used to resume essential operations or ensure safety during sudden and
					 unexpected occurrences including but not limited to loss of electrical power,
					 fire, and/or flood.
"Facility"
means all of the pollutant-emitting
					 activities that meet all the following conditions:
(A) Are under common control.
(B) Are located on one or more contiguous or adjacent
					 properties.
(C) Have the same two-digit primary SIC Code (as described
					 in the Standard Industrial Classification Manual, 1987).
"Federally Enforceable State Operating Permit"
or
"FESOP"
means an operating permit issued under Subchapter 7 of
					 this Chapter, including operating permits issued under the provisions of
					 252:4-7-33(a)(2).
					 As such, for the purposes of this subchapter, "FESOP" and "operating permit"
					 are synonymous.
"FESOP Enhanced NSR process"
means a process
					 under which the evaluation of requirements applicable under NSR is integrated
					 with a determination of procedural and compliance requirements under the DEQ's
					 FESOP program. This process is only available for facilities already operating
					 under a FESOP permit. Under a FESOP enhanced NSR process, the 30-day public and
					 EPA review period of a draft NSR permit is integrated with the review of the
					 draft FESOP modification, and results in the issuance of a minor source
					 construction permit whose applicable FESOP implications have also been
					 reviewed. Later the requirements of the construction permit may be incorporated
					 into a modified FESOP using the minor source operating permit modification
					 process, without further public or EPA review, as authorized in OAC
					 252:4-7-13(g)(9)
					 and OAC
					 252:100-7-18(f).
"Gasoline dispensing facility"
means any
					 stationary facility which dispenses gasoline into the fuel tank of a motor
					 vehicle, motor vehicle engine, nonroad vehicle, or nonroad engine, including a
					 nonroad vehicle or nonroad engine used solely for competition. These facilities
					 include, but are not limited to, facilities that dispense gasoline into on- and
					 off-road, street, or highway motor vehicles, lawn equipment, boats, test
					 engines, landscaping equipment, generators, pumps, and other gasoline-fueled
					 engines and equipment, as these terms are used in 40 CFR Part 63 Subpart
					 CCCCCC.
"Hazardous Air Pollutant"
or
"HAP"
means any hazardous air pollutant regulated under Section
					 112 of the Federal Clean Air Act,
					 42 U.S.C. Section
					 7412, and subject to NESHAP.
"Minor facility"
means a facility which is not
					 a Part 70 source.
"National Emission Standards for Hazardous Air
					 Pollutants"
or
"NESHAP"
means those standards as published
					 by the Administrator of the U.S. Environmental Protection Agency (EPA) pursuant
					 to Section 112 of the Federal Clean Air Act,
					 42 U.S.C. Section
					 7412.
"New portable source"
means a portable source
					 that has never operated within the State of Oklahoma. This includes sources
					 that are initially constructed and existing facilities that are relocating into
					 Oklahoma from another state.
"New Source Performance Standards"
or
"NSPS"
means those standards found in 40 CFR Part 60 .
"Permit exempt facility"
means a facility
					 that:
(A) has actual emissions in every calendar year that are 40
					 TPY or less of each regulated air pollutant;
(B) is not a de minimis facility as defined in OAC
					 252:100-7-1.1;
(C) is not a "major source" as defined in OAC
					 252:100-8-2 for Part
					 70 sources;
(D) is not a "major stationary source" as defined in OAC
					 252:100-8-31 for PSD
					 facilities in attainment areas;
(E) is not a "major stationary source" as defined in OAC
					 252:100-8-51 for
					 facilities in nonattainment areas;
(F) is not operated in conjunction with another facility or
					 source that is subject to air quality permitting;
(G) is not 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); and
(H) is not subject to the requirements of OAC
					 252:100-39-47.
"Portable source"
means a source with design
					 and intended use to allow disassembly or relocation.
"Relocate"
means to move a source from one
					 geographical location to another. The term does not include minimal moves
					 within the facility boundaries.
"Regulated air pollutant"
means any substance
					 or group of substances listed in Appendix P of this Chapter, or any substance
					 regulated as an air pollutant under any federal regulation for which the
					 Department has been given authority, or any other substance for which an air
					 emission limitation or equipment standard is set by an enforceable permit.
"Replacement unit"
means an emissions unit for
					 which all the criteria listed in paragraphs (A) through (D) of this definition
					 are met.
(A) The emissions unit is a reconstructed unit within the
					 meaning of
					 40 C.F.R. Section
					 60.15(b)(1), the emissions
					 unit is a reconstructed unit within the meaning of paragraph (1) in the
					 definition of "Reconstruction" in
					 40
					 C.F.R. Section 63.2, or the emissions unit
					 completely takes the place of an existing emissions unit.
(B) The emissions unit is identical to or functionally
					 equivalent to the replaced emissions unit.
(C) The replacement unit does not alter the basic design
					 parameter(s) of the process unit.
(D) The replaced emissions unit is permanently removed from
					 the source, otherwise permanently disabled, or permanently barred from
					 operating by a permit that is enforceable as a practical matter. If the
					 replaced emissions unit is brought back into operation, it shall constitute a
					 new emissions unit.
"Traditional NSR process"
means a process
					 under which the evaluation of requirements applicable under NSR is performed
					 independently of the determination of procedural and compliance requirements
					 under the FESOP program. This process is required for facilities that have not
					 yet received a FESOP, but it may also be used (as an alternative to the FESOP
					 Enhanced NSR process) for facilities that have already received a FESOP. The
					 traditional NSR process provides a 30-day public and EPA review period on the
					 draft construction (NSR) permit, as described in OAC
					 252:100-7-17
					 and OAC 252:4-7. This process is independent of the subsequent application,
					 review, and issuance process for the source's initial or modified FESOP that
					 also includes a 30-day public and EPA review period, as described in OAC
					 252:100-7-18 and
					 OAC 252:4-7.
Added at 15 Ok Reg
					 2590, eff 6-25-98; Amended at 16 Ok Reg 1759, eff 6-11-99; Amended at 20 Ok Reg
					 1576, eff 6-12-03; Amended at 21 Ok Reg 1511, eff 6-11-04; Amended at 24 Ok Reg
					 1267, eff 6-15-07