Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 1 - General Provisions › Section 252:100-1-3 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Chapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise or unless defined specifically for a Subchapter, section, or
				  subsection in the Subchapter, section, or subsection.
"Act"
means the Federal Clean Air Act, as
				  amended,
				  42 U.S.C.
				  7401 et seq.
"Administrator"
means, unless specifically
				  defined otherwise, the Administrator of the United States Environmental
				  Protection Agency (EPA) or the Administrator's designee.
"Air contaminant source"
means any and all
				  sources of emission of air contaminants (pollutants), whether privately or
				  publicly owned or operated, or person contributing to emission of air
				  contaminants. Without limiting the generality of the foregoing, this term
				  includes all types of business, commercial and industrial plants, works, shops
				  and stores, heating and power plants or stations, buildings and other
				  structures of all types.
"Air pollution abatement operation"
means any
				  operation which has as its essential purpose a significant reduction in:
(A) the emission of air contaminants, or
(B) the effect of such emission.
"Air pollution episode"
means high levels of air
				  pollution existing for an extended period (24 hours or more) of time which may
				  cause acute harmful health effects during periods of atmospheric stagnation,
				  without vertical or horizontal ventilation. This occurs when there is a high
				  pressure air mass over an area, a low wind speed and there is a temperature
				  inversion. Other factors such as humidity may also affect the episode
				  conditions.
"Ambient air standards"
or
"Ambient air
				  quality standards"
means levels of air quality as codified in OAC
				  252:100-3.
"Atmosphere"
means the air that envelops or
				  surrounds the earth.
"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 of
				  alternative control systems.
"Building, structure, facility, or installation"
means:
(A) all of the pollutant-emitting activities which belong to
				  the same industrial grouping, are located on one or more contiguous or adjacent
				  properties, and are under the control of the same person (or persons under
				  common control). Pollutant-emitting activities shall be considered as part of
				  the same industrial grouping if they belong to the same "Major Group" (i.e.,
				  which have the same two-digit code) as described in the Standard Industrial
				  Classification Manual, 1972, as amended by the 1977 Supplement.
(B) notwithstanding the provisions of subparagraph (A), for
				  onshore activities under Standard Industrial Classification (SIC) Major Group
				  13: Oil and Gas Extraction, all of the pollutant-emitting activities included
				  in Major Group 13 that are located on one or more contiguous or adjacent
				  properties, and are under the control of the same person (or persons under
				  common control). Pollutant emitting activities shall be considered adjacent if
				  they are located on the same surface site; or if they are located on surface
				  sites that are located within 1/4 mile of one another (measured from the center
				  of the equipment on the surface site) and they share equipment. Shared
				  equipment includes, but is not limited to, produced fluids storage tanks, phase
				  separators, natural gas dehydrators, or emissions control devices. Surface
				  site, as used in this definition, has the same meaning as in
				  40
				  CFR 63.761.
"Carbon dioxide equivalent emissions"
or
"CO
2
e"
means an amount of GHG emitted,
				  and shall be computed by multiplying the mass amount of emissions, for each of
				  the six greenhouse gases in the pollutant GHG, by the gas' associated global
				  warming potential (GWP) published in Table A-1 to subpart A of 40 CFR Part 98 -
				  Global Warming Potentials, and summing the resultant value for each to compute
				  a CO 2 e.
"Catalytic cracking unit"
means a unit composed
				  of a reactor, regenerator and fractionating towers which is used to convert
				  certain petroleum fractions into more valuable products by passing the material
				  through or commingled with a bed of catalyst in the reactor. Coke deposits
				  produced on the catalyst during cracking are removed by burning off in the
				  regenerator.
"Combustible materials"
means any substance
				  which will readily burn and shall include those substances which, although
				  generally considered incombustible, are or may be included in the mass of the
				  material burned or to be burned.
"Commence"
means, unless specifically defined
				  otherwise, that the owner or operator of a facility to which neither a NSPS or
				  NESHAP applies has begun the construction or installation of the emitting units
				  on a pad or in the final location at the facility.
"Commencement of operation"
or
"commencing
				  operation"
means the owner or operator of the stationary source has
				  begun, or caused to begin, emitting a regulated air pollutant from any activity
				  for which the stationary source is designed and/or permitted.
"Complete"
means in reference to an application
				  for a permit, the application contains all the information necessary for
				  processing the application. Designating an application complete for purposes of
				  permit processing does not preclude the Director from requesting or accepting
				  any additional information.
"Construction"
means, unless specifically
				  defined otherwise, fabrication, erection, or installation of a source.
"Crude oil"
means a naturally occurring
				  hydrocarbon mixture which is a liquid at standard conditions. It may contain
				  sulfur, nitrogen and/or oxygen derivatives of hydrocarbon.
"Direct fired"
means that the hot gasses
				  produced by the flame or heat source come into direct contact with the material
				  being processed or heated.
"Division"
means Air Quality Division, Oklahoma
				  State Department of Environmental Quality.
"Dust"
means solid particulate matter released
				  into or carried in the air by natural forces, by any fuel-burning, combustion,
				  process equipment or device, construction work, mechanical or industrial
				  processes.
"EPA"
means the United States Environmental
				  Protection Agency.
"Excess emissions"
means the emission of
				  regulated air pollutants in excess of an applicable limitation or requirement
				  as specified in the applicable limiting Subchapter, permit, or order of the
				  DEQ. This term does not include fugitive VOC emissions covered by an existing
				  leak detection and repair program that is required by a federal or state
				  regulation.
"Existing source"
means, unless specifically
				  defined otherwise, an air contaminant source which is in being on the effective
				  date of the appropriate Subchapter, section, or paragraph of these
				  rules.
"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"
means all limitations
				  and conditions which are enforceable by the Administrator, including those
				  requirements developed pursuant to 40 CFR Parts 60 and 61, requirements within
				  any applicable State implementation plan, any permit requirements established
				  pursuant to
				  40 CFR
				  52.21 or under regulations approved pursuant
				  to 40 CFR Part 51 , subpart I, including operating permits issued under an
				  EPA-approved program that is incorporated into the State implementation plan
				  and expressly requires adherence to any permit issued under such
				  program.
"Fossil fuel"
means natural gas, petroleum,
				  coal, or any form of solid, liquid, or gaseous fuel derived from such
				  material.
"Fuel-burning equipment"
means any one or more
				  of boilers, furnaces, gas turbines or other combustion devices and all
				  appurtenances thereto used to convert fuel or waste to usable heat or
				  power.
"Fugitive dust"
means solid airborne particulate
				  matter emitted from any source other than a stack or chimney.
"Fugitive emissions"
means, unless specifically
				  defined otherwise, those emissions which could not reasonably pass through a
				  stack, chimney, vent, or other functionally equivalent opening.
"Fume"
means minute solid particles generated by
				  the condensation of vapors to solid matter after volatilization from the molten
				  state, or generated by sublimation, distillation, calcination, or chemical
				  reaction when these processes create airborne particles.
"Garbage"
means all putrescible animal and
				  vegetable matter resulting from the handling, preparation, cooking and
				  consumption of food.
"Greenhouse gas"
or
"GHG"
means the
				  air pollutant defined in
				  40
				  CFR §
										86.1818-12(a) as
				  the aggregate group of six greenhouse gases: carbon dioxide (CO
				  2), nitrous oxide (N 2 O),
				  methane (CH 4), hydrofluorocarbons
				  (HFCs), perfluorocarbons (PFCs),
				  and sulfur hexafluoride (SF 6).
"Gross particulate matter"
or
"GPM"
means particulate matter with an aerodynamic diameter greater than 10
				  micrometers.
"In being"
means as used in the definitions of
				  New Installation and Existing Source that an owner or operator has undertaken a
				  continuous program of construction or modification or the owner or operator has
				  entered into a binding agreement or contractual obligation to undertake and
				  complete within a reasonable time a continuous program of construction or
				  modification prior to the compliance date for installation as specified by the
				  applicable regulation.
"Incinerator"
means a combustion device
				  specifically designed for the destruction, by high temperature burning, of
				  solid, semi-solid, liquid, or gaseous combustible wastes and from which the
				  solid residues contain little or no combustible material.
"Indirect fired"
means that the hot gasses
				  produced by the flame or heat source do not come into direct contact with the
				  material, excluding air, being processed or heated.
"Installation"
means an identifiable piece of
				  process equipment.
"Lowest achievable emissions rate"
or
"LAER"
means, for any source, the more stringent rate of
				  emissions based on paragraphs (A) and (B) of this definition. This limitation,
				  when applied to a modification, means the lowest achievable emissions rate for
				  the new or modified emissions units within a stationary source. In no event
				  shall the application of LAER allow a proposed new or modified stationary
				  source to emit any pollutant in excess of the amount allowable under applicable
				  standard of performance for the new source.
(A) LAER means the most stringent emissions limitation which
				  is contained in the implementation plan of any State for such class or category
				  of stationary source, unless the owner or operator of the proposed stationary
				  source demonstrates that such limitations are not achievable, or
(B) LAER means the most stringent emissions limitation which
				  is achieved in practice by such class or category of stationary sources.
"Major source"
means any new or modified
				  stationary source which directly emits or has the capability at maximum design
				  capacity and, if appropriately permitted, authority to emit 100 tons per year
				  or more of a given pollutant. (OAC 252:100-8, Part 3)
"Malfunction"
means any sudden, infrequent, and
				  not reasonably preventable failure of air pollution control equipment, process
				  equipment, or a process to operate in a normal or usual manner. Failures that
				  are caused in part by poor maintenance or careless operation are not
				  malfunctions.
"Minor NSR"
means any NSR permit action under
				  Subchapter 7 or 8 that is not Prevention of Significant Deterioration or
				  Nonattainment NSR.
"Mist"
means a suspension of any finely divided
				  liquid in any gas or atmosphere excepting uncombined water.
"Modification"
means any physical change in, or
				  change in the method of operation of, a source which increases the amount of
				  any air pollutant emitted by such source or which results in the emission of
				  any air pollutant not previously emitted, except that:
(A) routine maintenance, repair and replacement shall not be
				  considered physical changes; and,
(B) the following shall not be considered a change in the
				  method of operation:
(i) any increase in the production rate, if such increase
				  does not exceed the operating design capacity of the source;
(ii) an increase in hours of operation;
(iii) use of alternative fuel or raw material if, prior to
				  the date any standard under this part becomes applicable to such source the
				  affected facility is designed to accommodate such alternative use.
"National Emission Standards for Hazardous Air
				  Pollutants"
or
"NESHAP"
means those standards found in 40
				  CFR Parts 61 and 63.
"New installation", "New source",
or
"New
				  equipment"
means an air contaminant source which is not in being on the
				  effective date of these regulations and any existing source which is modified,
				  replaced, or reconstructed after the effective date of the regulations such
				  that the amount of air contaminant emissions is increased.
"New Source Performance Standards"
or
"NSPS"
means those standards found in 40 CFR Part 60 .
"New source review"
or
"NSR"
means
				  a process of evaluation performed by the DEQ to determine the applicable
				  requirements that must be incorporated into a construction permit issued by the
				  DEQ as necessary to authorize construction, modification, or change in the
				  method of operation of a new or existing stationary source. DEQ's NSR program,
				  at a minimum, must meet the requirements of 40 CFR Part 51 , Subpart I.
"Nonmethane organic compounds"
or
"NMOC"
means nonmethane organic compounds, as defined in
				  40 CFR
				  60.754.
"NSR permit"
means a construction permit issued
				  by the DEQ as necessary to authorize construction, modification, or change in
				  the method of operation of a new or existing stationary source.
"Opacity"
means the degree to which emissions
				  reduce the transmission of light and obscure the view of an object in the
				  background.
"Open burning"
means the burning of combustible
				  materials in such a manner that the products of combustion are emitted directly
				  to the outside atmosphere.
"Organic compound"
means any chemical compound
				  containing the element carbon.
"Owner or operator"
means any person who owns,
				  leases, operates, controls or supervises a source.
"Part 70 permit"
means (unless the context
				  suggests otherwise) any permit or group of permits covering a Part 70 source
				  that is issued, renewed, amended, or revised pursuant to this Chapter.
"Part 70 program"
means a program approved by
				  the Administrator under 40 CFR Part 70 .
"Part 70 source"
means any source subject to the
				  permitting requirements of Part 5 of Subchapter 8, as provided in OAC
				  252:100-8-3(a) and
				  (b).
"PM10emissions"
means
				  particulate matter emitted to the ambient air with an aerodynamic diameter of
				  10 micrometers or less as measured by applicable reference methods, or an
				  equivalent or alternative method.
"PM10"
means particulate
				  matter with an aerodynamic diameter of 10 micrometers or less.
"PM2.5"
means particulate
				  matter with an aerodynamic diameter of 2.5 micrometers or less.
"Particulate matter"
or
"PM"
means
				  any material that exists in a finely divided form as a liquid or a
				  solid.
"Particulate matter emissions"
means particulate
				  matter emitted to the ambient air as measured by applicable reference methods,
				  or an equivalent or alternative method.
"Potential to emit"
means the maximum capacity
				  of a source to emit a pollutant under its physical and operational design. Any
				  physical or operational limitation on the capacity of the source to emit a
				  pollutant, including air pollution control equipment and restrictions on hours
				  of operation or on the type or amount of material combusted, stored or
				  processed, shall be treated as part of its design if the limitation or the
				  effect it would have on emissions is enforceable. Secondary emissions do not
				  count in determining the potential to emit of a source.
"Prevention of significant deterioration"
or
"PSD"
means increments for the protection of attainment areas as
				  codified in OAC 252:100-3.
"Process equipment"
means any equipment, device
				  or contrivance for changing any materials or for storage or handling of any
				  materials, the use or existence of which may cause any discharge of air
				  contaminants into the open air, but not including that equipment specifically
				  defined as fuel-burning equipment, or refuse-burning equipment.
"Process weight"
means the weight of all
				  materials introduced in a source operation, including solid fuels, but
				  excluding liquids and gases used solely as fuels, and excluding air introduced
				  for the purposes of combustion. Process weight rate means a rate established as
				  follows:
(A) for continuous or long-run, steady-state, operations, the
				  total process weight for the entire period of continuous operation or for a
				  typical portion thereof, divided by the number of hours of such period or
				  portion thereof.
(B) for cyclical or batch source operations, the total
				  process weight for a period which covers a complete or an integral number of
				  cycles, divided by the hours of actual process operation during such
				  period.
(C) where the nature of any process or operation or the
				  design of any equipment is such as to permit more than one interpretation of
				  this definition, that interpretation which results in the minimum value for
				  allowable emission shall apply.
"Reasonably available control technology"
or
"RACT"
means devices, systems, process modifications, or other
				  apparatus or techniques that are reasonably available taking into account:
(A) The necessity of imposing such controls in order to
				  attain and maintain a national ambient air quality standard;
(B) The social, environmental, and economic impact of such
				  controls; and
(C) Alternative means of providing for attainment and
				  maintenance of such standard.
"Reconstruction"
means
(A) the replacement of components of an existing source to
				  the extent that will be determined by the Executive Director based on:
(i) the fixed capital cost (the capital needed to provide all
				  the depreciable components of the new components exceeds 50 percent of the
				  fixed capital cost of a comparable entirely new source);
(ii) the estimated life of the source after the replacements
				  is comparable to the life of an entirely new source; and,
(iii) the extent to which the components being replaced cause
				  or contribute to the emissions from the source.
(B) a reconstructed source will be treated as a new source
				  for purposes of OAC 252:100-8, Part 9.
"Refinery"
means any facility engaged in
				  producing gasoline, kerosene, fuel oils or other products through distillation
				  of crude oil or through redistillation, cracking, or reforming of unfinished
				  petroleum derivatives.
"Refuse"
means, unless specifically defined
				  otherwise, the inclusive term for solid, liquid or gaseous waste products which
				  are composed wholly or partly of such materials as garbage, sweepings,
				  cleanings, trash, rubbish, litter, industrial, commercial and domestic solid,
				  liquid or gaseous waste; trees or shrubs; tree or shrub trimmings; grass
				  clippings; brick, plaster, lumber or other waste resulting from the demolition,
				  alteration or construction of buildings or structures; accumulated waste
				  material, cans, containers, tires, junk or other such substances.
"Refuse-burning equipment"
means any equipment,
				  device, or contrivance, and all appurtenances thereto, used for the destruction
				  of combustible refuse or other combustible wastes by burning.
"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.
"Responsible official"
means one of the
				  following:
(A) For a corporation: a president, secretary, treasurer, or
				  vice-president of the corporation in charge of a principal business function,
				  or any other person who performs similar policy or decision-making functions
				  for the corporation, or a duly authorized representative of such person if the
				  representative is responsible for the overall operation of one or more
				  manufacturing, production, or operating facilities applying for or subject to a
				  permit and either:
(i) The facilities employ more than 250 persons or have gross
				  annual sales or expenditures exceeding $25 million (in second quarter 1980
				  dollars); or
(ii) The delegation of authority to such representatives is
				  approved in advance by the DEQ;
(B) For the partnership or sole proprietorship: a general
				  partner or the proprietor, respectively;
(C) For a municipality, state, federal, or other public
				  agency: Either a principal executive officer or ranking elected official. For
				  purposes of this Chapter, a principal executive officer or installation
				  commander of a federal agency includes the chief executive officer having
				  responsibility for the overall operations of a principal geographic unit of the
				  agency (e.g., a Regional Administrator of EPA); or
(D) For affected sources:
(i) The designated representative insofar as actions,
				  standards, requirements, or prohibitions under Title IV of the Act or the
				  regulations promulgated thereunder are concerned; and
(ii) The designated representative for any other purposes
				  under this Chapter.
"Shutdown"
means the cessation of operation of
				  any process, process equipment, or air pollution control equipment.
"Smoke"
means small gas-borne or air-borne
				  particles resulting from combustion operations and consisting of carbon, ash,
				  and other matter any or all of which is present in sufficient quantity to be
				  observable.
"Source operation"
means the last operation
				  preceding the emission of an air contaminant, which operation:
(A) results in the separation of the air contaminant from the
				  process materials or in the conversion of the process materials into air
				  contaminants, as in the case of combustion of fuel; and,
(B) is not an air pollution abatement operation.
"Stack"
means, unless specifically defined
				  otherwise, any chimney, flue, duct, conduit, exhaust, pipe, vent or opening,
				  excluding flares, designed or specifically intended to conduct emissions to the
				  atmosphere.
"Standard conditions"
means a gas temperature of
				  68 degrees Fahrenheit (20 
				  o  Centigrade) and a gas pressure of
				  14.7 pounds per square inch absolute.
"Startup"
means the setting into operation of
				  any process, process equipment, or air pollution control equipment.
"Stationary source"
means, unless specifically
				  defined otherwise, any building, structure, facility, or installation either
				  fixed or portable, whose design and intended use is at a fixed location and
				  emits or may emit an air pollutant subject to OAC 252:100.
"Temperature inversion"
means a phenomenon in
				  which the temperature in a layer of air increases with height and the cool
				  heavy air below is trapped by the warmer air above and cannot rise.
"Title V permit"
means (unless the context
				  suggests otherwise) an operating permit for a Part 70 source.
"Total Suspended Particulates"
or
"TSP"
means particulate matter as measured by the high-volume
				  method described in Appendix B of 40 CFR Part 50 .
"Visible emission"
means any air contaminant,
				  vapor or gas stream which contains or may contain an air contaminant which is
				  passed into the atmosphere and which is perceptible to the human eye.
"Volatile organic compound"
or
"VOC"
means any organic compound that participates in atmospheric
				  photochemical reactions resulting in the formation of tropospheric ozone.
				  Carbon monoxide, carbon dioxide, carbonic acid, metallic carbides, ammonium
				  carbonates, tert-butyl acetate and compounds listed in
				  40
				  CFR 51.100(s)(1) are
				  presumed to have negligible photochemical reactivity and are not considered to
				  be VOC.
Added at 11 Ok Reg 977,
				  eff 1-14-94 (emergency); Added at 11 Ok Reg 2031, eff 5-26-94; Amended at 20 Ok
				  Reg 1576, eff 6-12-03; Amended at 23 Ok Reg 1699, eff 6-15-06; Amended at 25 Ok
				  Reg 1105, eff 7-1-08; Amended at 26 Ok Reg 1140, eff 7-1-09; Amended at 28 Ok
				  Reg 443, eff 12-27-10 (emergency); Amended at 28 Ok Reg 1179, eff 7-1-11;
				  Amended at 29 Ok Reg 989, eff 7-1-12