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 9 - MAJOR SOURCES AFFECTING NONATTAINMENT AREAS › Section 252:100-8-51 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The definitions in
					 40 CFR
					 51.165(a)(1) are hereby
					 incorporated by reference as they exist on July 1, 2010, except for the
					 definitions found at
					 40 CFR
					 51.165(a)(1)(xxxv) "baseline
					 actual emissions"; (ii) "building, structure, facility, or installation"; (xlv)
					 "fixed capital cost"; (xliv) "functionally equivalent component"; (v) "major
					 modification"; (vi) "net emissions increase"; (xliii) "process unit"; (xxxvii)
					 "regulated NSR pollutant"; (xxxviii) "reviewing authority"; (viii) "secondary
					 emissions"; (xlvi) "total capital investment"; and (xix) "volatile organic
					 compound (VOC)". With the exception of "reviewing authority", "fixed capital
					 cost", "functionally equivalent component", "process unit", and "total capital
					 investment", these terms are defined in OAC
					 252:100-8-31,
					 252:100-8-51, or
					 252:100-1-3. The
					 following words and terms, when used in this Part, shall have the following
					 meaning, unless the context clearly indicates otherwise.
"Major modification"
means:
(A) Any physical change in, or change in the method of
					 operation of, a major stationary source that would result in a significant
					 emissions increase of a regulated NSR pollutant and a significant net emissions
					 increase of that pollutant from the major stationary source is a major
					 modification.
(i) Any significant emissions increase from any emissions
					 unit or net emissions increase at a major stationary source that is significant
					 for VOC and/or oxides of nitrogen (NOX) shall be considered significant for
					 ozone.
(ii) A physical change or change in the method of operation
					 shall not include:
(I) routine maintenance, repair and replacement;
(II) use of an alternative fuel or raw material 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;
(III) use of an alternative fuel by reason of an order or
					 rule under section 125 of the Act;
(IV) use of an alternative fuel at a steam generating unit
					 to the extent that the fuel is generated from municipal solid waste;
(V) use of an alternative fuel or raw material by a source
					 which the source was capable of accommodating before December 21, 1976, unless
					 such change would be prohibited under any federally enforceable permit
					 condition which was established after December 21, 1976, or the source is
					 approved to use under any permit issued under
					 40 CFR
					 52.21 or OAC 252:100-7 or 8;
(VI) an increase in the hours of operation or in the
					 production rate unless such change would be prohibited under any federally
					 enforceable permit condition which was established after December 21,
					 1976;
(VII) any change in source ownership;
(VIII) the installation, operation, cessation, or removal
					 of a temporary clean coal technology demonstration project, provided that the
					 project complies with OAC 252:100 and other requirements necessary to attain
					 and maintain the NAAQS during the project and after it is terminated.
(B) This definition shall not apply with respect to a
					 particular regulated NSR pollutant when the major stationary source is
					 complying with the requirements under OAC
					 252:100-8-56 for a
					 PAL for that pollutant. Instead the definition at
					 40 CFR
					 51.165(f)(2)(viii) shall
					 apply.
(C) For the purpose of applying the requirements of OAC
					 252:100-8-54.1(a)
					 to modifications at major stationary sources of NOX located in ozone
					 nonattainment areas or in ozone transport regions (as defined in
					 42 U.S.C. §
											7511c ), whether or not subject to subpart 2,
					 part D, title I of the Act, any significant net emissions increase of NOX is
					 considered significant for ozone.
(D) Any physical change in, or change in the method of
					 operation of, a major stationary source of VOCs that results in any increase in
					 emissions of VOCs from any discrete operation, emissions unit, or other
					 pollutant emitting activity at the source shall be considered a significant net
					 emissions increase and a major modification for ozone, if the major stationary
					 source is located in an extreme ozone nonattainment area that is subject to
					 subpart 2, part D, title I of the Act.
"Net emissions increase"
means:
(A) With respect to any regulated NSR pollutant emitted by
					 a major stationary source, net emissions increase shall mean the amount by
					 which the sum of the following exceeds zero:
(i) the increase in emissions from a particular physical
					 change or change in the method of operation at a stationary source as
					 calculated pursuant to OAC
					 252:100-8-50(b);
					 and,
(ii) any other increases and decreases in actual emissions
					 at the major stationary source that are contemporaneous with the particular
					 change and are otherwise creditable. Baseline actual emissions for calculating
					 increases and decreases under (A)(ii) of this definition shall be determined as
					 provided in the definition of "baseline actual emissions", except that (B)(iii)
					 and (C)(iv) of that definition shall not apply.
(B) An increase or decrease in actual emissions is
					 contemporaneous with the increase from the particular change only if it occurs
					 within 3 years before the date that the increase from the particular change
					 occurs.
(C) An increase or decrease in actual emissions is
					 creditable only if:
(i) it is contemporaneous; and
(ii) the Director has not relied on it in issuing a permit
					 under OAC 252:100-8, Part 9, which permit is in effect when the increase in
					 actual emissions from the particular change occurs.
(D) An increase in actual emissions is creditable only to
					 the extent that the new level of actual emissions exceeds the old level.
(E) A decrease in actual emissions is creditable only to
					 the extent that:
(i) the old level of actual emissions or the old level of
					 allowable emissions, whichever is lower, exceeds the new level of actual
					 emissions;
(ii) it is enforceable as a practical matter at and after
					 the time that actual construction on the particular change begins;
(iii) the Director has not relied on it in issuing any
					 permit under OAC 252:100; and,
(iv) it has approximately the same qualitative significance
					 for public health and welfare as that attributed to the increase from the
					 particular change.
(F) An increase that results from a physical change at a
					 source occurs when the emission unit on which construction occurred becomes
					 operational and begins to emit a particular pollutant. Any replacement unit
					 that requires shakedown becomes operational after a reasonable shakedown
					 period, not to exceed 180 days.
(G) Paragraph
					 40 CFR
					 51.165(a)(1)(xii)(B) of the
					 definition of "actual emissions" shall not apply for determining creditable
					 increases and decreases or after a change.
"Regulated NSR pollutant"
for purposes of this
					 Part, means any or all of the following:
(A) Nitrogen oxides or volatile organic compounds;
(B) Any pollutant for which a NAAQS has been
					 promulgated;
(C) Any pollutant that is identified under this paragraph
					 as a constituent or precursor of a general pollutant listed under paragraph (A)
					 or (B) of this definition, provided that such constituent or precursor
					 pollutant may only be regulated under NSR as part of regulation of the general
					 pollutant. Precursors identified by the Administrator for purposes of NSR are
					 the following:
(i) Volatile organic compounds and nitrogen oxides are
					 precursors to ozone in all ozone nonattainment areas.
(ii) Sulfur dioxide is a precursor to PM2.5 in all PM2.5
					 nonattainment areas.
(iii) Nitrogen oxides are presumed to be precursors to
					 PM2.5 in all PM2.5 nonattainment areas, unless the State demonstrates to the
					 Administrator's satisfaction or EPA demonstrates that emissions of nitrogen
					 oxides from sources in a specific area are not a significant contributor to
					 that area's ambient PM2.5 concentrations.
(iv) Volatile organic compounds and ammonia are presumed
					 not to be precursors to PM2.5 in any PM2.5 nonattainment area, unless the State
					 demonstrates to the Administrator's satisfaction or EPA demonstrates that
					 emissions of volatile organic compounds or ammonia from sources in a specific
					 area are a significant contributor to that area's ambient PM2.5 concentrations,
					 or
(D) PM2.5 emissions and PM10 emissions, including gaseous
					 emissions from a source or activity which condense to form particulate matter
					 at ambient temperatures. Such condensable particulate matter shall be accounted
					 for in applicability determinations and in establishing emissions limitations
					 for PM2.5 and PM10 in nonattainment major NSR permits.
Added at 15 Ok Reg
					 2590, eff 6-25-98; Amended at 18 Ok Reg 1455, eff 6-1-01; Amended at 23 Ok Reg
					 1699, eff 6-15-06; Amended at 26 Ok Reg 1146, eff 7-1-09; Amended at 28 Ok Reg
					 1179, eff 7-1-11