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 252:100-8-31 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms when used in this Part shall
					 have the following meaning, unless the context clearly indicates otherwise. All
					 terms used in this Part that are not defined in this Section shall have the
					 meaning given to them in OAC
					 252:100-1-3,
					 252:100-8-1.1, or in
					 the Oklahoma Clean Air Act.
"Actual emissions"
means the actual rate of
					 emissions of a regulated NSR pollutant from an emissions unit, as determined in
					 accordance with paragraphs (A) through (C) of this definition, except that this
					 definition shall not apply for calculating whether a significant emissions
					 increase has occurred, or for establishing a PAL under OAC
					 252:100-8-38.
					 Instead, the definitions of "projected actual emissions" and "baseline actual
					 emissions" shall apply for those purposes.
(A) In general, actual emissions as of a particular date
					 shall equal the average rate in TPY at which the unit actually emitted the
					 pollutant during a consecutive 24-month period which precedes the particular
					 date and which is representative of normal source operation. The Director shall
					 allow the use of a different time period upon a determination that it is more
					 representative of normal source operation. Actual emissions shall be calculated
					 using the unit's actual operating hours, production rates, and types of
					 materials processed, stored, or combusted during the selected time
					 period.
(B) The Director may presume that source-specific allowable
					 emissions for the unit are equivalent to the actual emissions of the
					 unit.
(C) For any emissions unit that has not begun normal
					 operations on the particular date, actual emissions shall equal the potential
					 to emit of the unit on that date.
"Allowable emissions"
means the emission rate
					 of a stationary source calculated using the maximum rated capacity of the
					 source (unless the source is subject to enforceable limits which restrict the
					 operating rate, or hours of operation, or both) and the most stringent of the
					 following:
(A) the applicable standards as set forth in 40 CFR Parts
					 60 and 61;
(B) the applicable State rule allowable emissions;
					 or,
(C) the emissions rate specified as an enforceable permit
					 condition.
"Baseline actual emissions"
means the rate of
					 emissions, in TPY, of a regulated NSR pollutant, as determined in accordance
					 with paragraphs (A) through (E) of this definition.
(A) The baseline actual emissions shall be based on current
					 emissions data and the unit's utilization during the period chosen. Current
					 emission data means the most current and accurate emission factors available
					 and could include emissions used in the source's latest permit or permit
					 application, the most recent CEM data, stack test data, manufacturer's data,
					 mass balance, engineering calculations, and other emission factors.
(B) For any existing electric utility steam generating unit
					 (EUSGU), baseline actual emissions means the average rate, in TPY, at which the
					 unit actually emitted the pollutant during any consecutive 24-month period
					 selected by the owner or operator within the 5-year period immediately
					 preceding the date that a complete permit application is received by the
					 Director for a permit required under OAC 252:100-8. The Director shall allow
					 the use of a different time period upon a determination that it is more
					 representative of normal source operation.
(i) The average rate shall include fugitive emissions to
					 the extent quantifiable, and emissions associated with start-ups, shutdowns,
					 and malfunctions.
(ii) The average rate shall be adjusted downward to exclude
					 any noncompliant emissions that occurred while the source was operating above
					 an emission limitation that was legally enforceable during the consecutive
					 24-month period.
(iii) For a regulated NSR pollutant, when a project
					 involves multiple emissions units, only one consecutive 24-month period shall
					 be used to determine the baseline actual emissions for all the emissions units
					 affected by the project. A different consecutive 24-month period can be used
					 for each regulated NSR pollutant.
(iv) The average rate shall not be based on any consecutive
					 24-month period for which there is inadequate information for determining
					 annual emissions, in TPY, and for adjusting this amount if required by (B)(ii)
					 of this definition.
(C) For an existing emissions unit (other than an EUSGU),
					 baseline actual emissions means the average rate in TPY, at which the emissions
					 unit actually emitted the pollutant during any consecutive 24-month period
					 selected by the owner or operator within the 10-year period immediately
					 preceding either the date the owner or operator begins actual construction of
					 the project, or the date a complete permit application is received by the
					 Director for a permit required either under this Part or under a plan approved
					 by the Administrator, whichever is earlier, except that the 10 year period
					 shall not include any period earlier than November 15, 1990.
(i) The average rate shall include fugitive emissions to
					 the extent quantifiable, and emissions associated with startups, shutdowns, and
					 malfunctions.
(ii) The average rate shall be adjusted downward to exclude
					 any noncompliant emissions that occurred while the source was operating above
					 an emission limitation that was legally enforceable during the consecutive
					 24-month period.
(iii) The average rate shall be adjusted downward to
					 exclude any emissions that would have exceeded an emission limitation with
					 which the major stationary source must currently comply, had such major
					 stationary source been required to comply with such limitations during the
					 consecutive 24-month period. However, if an emission limitation is part of a
					 MACT standard that the Administrator proposed or promulgated under 40 CFR 63,
					 the baseline actual emissions need only be adjusted if DEQ has taken credit for
					 such emissions reduction in an attainment demonstration or maintenance plan
					 consistent with requirements of
					 40 CFR
					 51.165(a)(3)(ii)(G).
(iv) For a regulated NSR pollutant, when a project involves
					 multiple emissions units, only one consecutive 24-month period must be used to
					 determine the baseline actual emissions for the emissions units being changed.
					 A different consecutive 24-month period can be used for each regulated NSR
					 pollutant.
(v) The average rate shall not be based on any consecutive
					 24-month period for which there is inadequate information for determining
					 annual emissions, in TPY, and for adjusting this amount if required by (C)(ii)
					 and (iii) of this definition.
(D) For a new emissions unit, the baseline actual emissions
					 for purposes of determining the emissions increase that will result from the
					 initial construction and operation of such unit shall equal zero; and
					 thereafter, for all other purposes, shall equal the unit's potential to
					 emit.
(E) For a PAL for a stationary source, the baseline actual
					 emissions shall be calculated for existing EUSGU in accordance with the
					 procedures contained in paragraph (B) of this definition, for other existing
					 emissions units in accordance with the procedures contained in Paragraph (C) of
					 this definition, and for a new emissions unit in accordance with the procedures
					 contained in paragraph (D) of this definition.
"Baseline area"
means any intrastate areas
					 (and every part thereof) designated as attainment or unclassifiable under
					 section 107(d)(1)(A)(ii) or (iii) of the Act in which the major source or major
					 modification establishing the minor source baseline date would construct or
					 would have an air quality impact for the pollutant for which the baseline date
					 is established, as follows: Equal to or greater than 1µg/m 
					 3 (annual average) for
					 SO2, NO2, or
					 PM10; or equal or greater than 0.3 µg/m 
					 3  (annual average) for
					 PM2.5.
(A) Area redesignations under section 107(d)(1)(A)(ii) or
					 (iii) of the Act cannot intersect or be smaller than the area of impact of any
					 major stationary source or major modification which:
(i) establishes a minor source baseline date; or
(ii) is subject to
					 40 CFR
					 52.21 or OAC 252:100-8, Part 7, and would be
					 constructed in the same State as the State proposing the redesignation.
(B) Any baseline area established originally for the TSP
					 increments shall remain in effect and shall apply for purposes of determining
					 the amount of available PM10 increments, except that
					 such baseline area shall not remain in effect if the Director rescinds the
					 corresponding minor source baseline date in accordance with paragraph (D) of
					 the definition of "baseline date".
"Baseline concentration"
means that ambient
					 concentration level that exists in the baseline area at the time of the
					 applicable minor source baseline date.
(A) A baseline concentration is determined for each
					 pollutant for which a minor source baseline date is established and shall
					 include:
(i) the actual emissions representative of sources in
					 existence on the applicable minor source baseline date, except as provided in
					 (B) of this definition.
(ii) the allowable emissions of major stationary sources
					 that commenced construction before the major source baseline date, but were not
					 in operation by the applicable minor source baseline date.
(B) The following will not be included in the baseline
					 concentration and will affect the applicable maximum allowable
					 increase(s):
(i) actual emissions from any major stationary source on
					 which construction commenced after the major source baseline date; and,
(ii) actual emissions increases and decreases at any
					 stationary source occurring after the minor source baseline date.
"Baseline date"
means:
(A) Major source baseline date means:
(i) in the case of PM10 and sulfur
					 dioxide, January 6, 1975;
(ii) in the case of nitrogen dioxide, February 8, 1988;
					 and
(iii) in the case of PM2.5, October
					 20, 2010.
(B) Minor source baseline date means the earliest date
					 after the trigger date on which a major stationary source or major modification
					 (subject to
					 40 CFR
					 52.21 or OAC 252:100-8, Part 7) submits a
					 complete application. The trigger date is:
(i) in the case of PM10 and sulfur
					 dioxide, August 7, 1977;
(ii) in the case of nitrogen dioxide, February 8, 1988;
					 and
(iii) in the case of PM2.5, October
					 20, 2011.
(C) The baseline date is established for each pollutant for
					 which increments or other equivalent measures have been established if:
(i) the area in which the proposed source or modification
					 would construct is designated as attainment or unclassifiable under section
					 107(d)(1)(A)(ii) or (iii) of the Act for the pollutant on the date of its
					 complete application under
					 40 CFR
					 52.21 or under OAC 252:100-8, Part 7;
					 and
(ii) in the case of a major stationary source, the
					 pollutant would be emitted in significant amounts, or, in the case of a major
					 modification, there would be a significant net emissions increase of the
					 pollutant.
(D) Any minor source baseline date established originally
					 for the TSP increments shall remain in effect and shall apply for purposes of
					 determining the amount of available PM10 increments,
					 except that the Director may rescind any such minor source baseline date where
					 it can be shown, to the satisfaction of the Director, that the emissions
					 increase from the major stationary source, or the net emissions increase from
					 the major modification, responsible for triggering that date did not result in
					 a significant amount of PM10 emissions.
"Begin actual construction"
means in general,
					 initiation of physical on-site construction activities on an emissions unit
					 which are of a permanent nature.
(A) Such activities include, but are not limited to,
					 installation of building supports and foundations, laying of underground
					 pipework, and construction of permanent storage structures.
(B) With respect to a change in method of operation this
					 term refers to those on-site activities, other than preparatory activities,
					 which mark the initiation of the change.
"Best available control technology"
or
"BACT"
means an emissions limitation (including a visible
					 emissions standard) based on the maximum degree of reduction for each regulated
					 NSR pollutant which would be emitted from any proposed major stationary source
					 or major modification which the Director, on a case-by-case basis, taking into
					 account energy, environmental, and economic impacts and other costs, determines
					 is achievable for such source or modification through application of production
					 processes or available methods, systems, and techniques, including fuel
					 cleaning or treatment or innovative fuel combination techniques for control of
					 such pollutant. In no event shall application of BACT result in emissions of
					 any pollutant which would exceed the emissions allowed by any applicable
					 standard under 40 CFR parts 60 and 61. If the Director determines that
					 technological or economic limitations on the application of measurement
					 methodology to a particular emissions unit would make the imposition of an
					 emissions standard infeasible, a design, equipment, work practice, operational
					 standard or combination thereof, may be prescribed instead to satisfy the
					 requirement for the application of BACT. Such standard shall, to the degree
					 possible, set forth the emissions reduction achievable by implementation of
					 such design, equipment, work practice or operation, and shall provide for
					 compliance by means which achieve equivalent results.
"Clean coal technology"
means any technology,
					 including technologies applied at the precombustion, combustion, or post
					 combustion stage, at a new or existing facility which will achieve significant
					 reductions in air emissions of sulfur dioxide or oxides of nitrogen associated
					 with the utilization of coal in the generation of electricity, or process steam
					 which was not in widespread use as of November 15, 1990.
"Clean coal technology demonstration project"
means a project using funds appropriated under the heading "Department of
					 Energy-Clean Coal Technology", up to a total amount of $2,500,000,000 for
					 commercial demonstration of clean coal technology, or similar projects funded
					 through appropriations for the EPA. The Federal contribution for a qualifying
					 project shall be at least 20% of the total cost of the demonstration
					 project.
"Commence"
means, as applied to construction
					 of a major stationary source or major modification, that the owner or operator
					 has all necessary preconstruction approvals or permits and either has:
(A) begun, or caused to begin, a continuous program of
					 actual on-site construction of the source, to be completed within a reasonable
					 time; or,
(B) entered into binding agreements or contractual
					 obligations, which cannot be cancelled or modified without substantial loss to
					 the owner or operator, to undertake a program of actual construction of the
					 source to be completed within a reasonable time.
"Construction"
means any physical change or
					 change in the method of operation (including fabrication, erection,
					 installation, demolition, or modification of an emissions unit) that would
					 result in a change in emissions.
"Continuous emissions monitoring system"
or
"CEMS"
means all of the equipment that may be required to meet the
					 data acquisition and availability requirements to sample, condition (if
					 applicable), analyze, and provide a record of emissions on a continuous
					 basis.
"Continuous emissions rate monitoring system"
or
"CERMS"
means the total equipment required for the
					 determination and recording of the pollutant mass emissions rate (in terms of
					 mass per unit of time).
"Continuous parameter monitoring system"
or
"CPMS"
means all of the equipment necessary to meet the data
					 acquisition and availability requirements to monitor process and control device
					 operational parameters (for example, control device secondary voltages and
					 electric currents) and other information (for example, gas flow rate, O 2, or
					 CO 2 concentrations), and to record average operational parameter value(s) on a
					 continuous basis.
"Electric utility steam generating unit"
or
"EUSGU"
means any steam electric generating unit that is
					 constructed for the purpose of supplying more than one-third of its potential
					 electric output capacity and more than 25 MW electrical output to any utility
					 power distribution system for sale. Any steam supplied to a steam distribution
					 system for the purpose of providing steam to a steam-electric generator that
					 would produce electrical energy for sale is also considered in determining the
					 electrical energy output capacity of the affected facility.
"Emissions unit"
means any part of a
					 stationary source that emits or would have the potential to emit any regulated
					 NSR pollutant and includes an EUSGU. There are two types of emissions units as
					 described in paragraphs (A) and (B) of this definition.
(A) A new emissions unit is any emissions unit that is (or
					 will be) newly constructed and that has existed for less than 2 years from the
					 date such emissions unit first operated.
(B) An existing emissions unit is any emissions unit that
					 does not meet the requirements in paragraph (A) of this definition. A
					 replacement unit is an existing emissions unit.
"Federal Land Manager"
means with respect to
					 any lands in the United States, the Secretary of the department with authority
					 over such lands.
"High terrain"
means any area having an
					 elevation 900 feet or more above the base of the stack of a source.
"Innovative control technology"
means any
					 system of air pollution control that has not been adequately demonstrated in
					 practice, but would have a substantial likelihood of achieving greater
					 continuous emissions reduction than any control system in current practice or
					 of achieving at least comparable reductions at lower cost in terms of energy,
					 economics, or non-air quality environmental impacts.
"Low terrain"
means any area other than high
					 terrain.
"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
					 units or net emissions increase at a major stationary source that is
					 significant for VOC or NO X 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
					 stationary source which the source was capable of accommodating before January
					 6, 1975, (unless such change would be prohibited under any enforceable permit
					 condition which was established after January 6, 1975) or the source is
					 approved to use under any permit issued under
					 40 CFR
					 52.21 or OAC 252:100-7 or 252:100-8;
(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 January 6,
					 1975;
(VII) any change in source ownership;
(VIII) the installation, operation, cessation, or removal
					 of a temporary clean coal technology demonstration project, provided 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;
(IX) the installation or operation of a permanent clean
					 coal technology demonstration project that constitutes repowering, provided
					 that the project does not result in an increase in the potential to emit of any
					 regulated pollutant (on a pollutant-by-pollutant basis) emitted by the unit;
					 or
(X) the reactivation of a very clean coal-fired
					 EUSGU.
(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
					 252:100-8-38 for a
					 PAL for that pollutant. Instead, the definition of "PAL major modification" at
					 40 CFR
					 51.166(w)(2) (viii) shall
					 apply.
"Major stationary source"
means
(A) A major stationary source is:
(i) any of the following stationary sources of air
					 pollutants which emits, or has the potential to emit, 100 TPY or more of a
					 regulated NSR pollutant:
(I) carbon black plants (furnace process),
(II) charcoal production plants,
(III) chemical process plants, (not including ethanol
					 production facilities that produce ethanol by natural fermentation included in
					 NAICS codes 325193 or 312140),
(IV) coal cleaning plants (with thermal dryers),
(V) coke oven batteries,
(VI) fossil-fuel boilers (or combination thereof) totaling
					 more than 250 million BTU per hour heat input,
(VII) fossil fuel-fired steam electric plants of more than
					 250 million BTU per hour heat input,
(VIII) fuel conversion plants,
(IX) glass fiber processing plants,
(X) hydrofluoric, sulfuric or nitric acid plants,
(XI) iron and steel mill plants,
(XII) kraft pulp mills,
(XIII) lime plants,
(XIV) municipal incinerators capable of charging more than
					 250 tons of refuse per day,
(XV) petroleum refineries,
(XVI) petroleum storage and transfer units with a total
					 storage capacity exceeding 300,000 barrels,
(XVII) phosphate rock processing plants,
(XVIII) portland cement plants,
(XIX) primary aluminum ore reduction plants,
(XX) primary copper smelters,
(XXI) primary lead smelters,
(XXII) primary zinc smelters,
(XXIII) secondary metal production plants,
(XXIV) sintering plants,
(XXV) sulfur recovery plants, or
(XXVI) taconite ore processing plants;
(ii) any other stationary source not on the list in (A)(i)
					 of this definition which emits, or has the potential to emit, 250 TPY or more
					 of a regulated NSR pollutant;
(iii) any physical change that would occur at a stationary
					 source not otherwise qualifying as a major stationary source under this
					 definition if the change would constitute a major stationary source by
					 itself.
(B) A major source that is major for VOC or NO X shall be
					 considered major for ozone.
(C) The fugitive emissions of a stationary source shall not
					 be included in determining for any of the purposes of this Part whether it is a
					 major stationary source, unless the source belongs to one of the following
					 categories of stationary sources:
(i) the stationary sources listed in (A)(i) of this
					 definition;
(ii) any other stationary source category which, as of
					 August 7, 1980, is being regulated under section 111 or 112 of the Act.
"Necessary preconstruction approvals or
					 permits"
means those permits or approvals required under all applicable
					 air quality control laws and rules.
"Net emissions increase"
means:
(A) with respect to any regulated NSR pollutant emitted by
					 a major stationary source, 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
					 252:100-8-30(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
					 for the source under OAC 252:100-8, Part 7, which permit is in effect when the
					 increase in actual emissions from the particular change occurs.
(D) An increase or decrease in actual emissions of sulfur
					 dioxide, particulate matter, or nitrogen oxides that occurs before the
					 applicable minor source baseline date is creditable only if it is required to
					 be considered in calculating the amount of maximum allowable increases
					 remaining available.
(E) An increase in actual emissions is creditable only to
					 the extent that the new level of actual emissions exceeds the old level.
(F) A decrease in actual emissions is creditable only to
					 the extent that it meets all the conditions in (F)(i) through (iii) of this
					 definition.
(i) It is creditable if 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 creditable if it is enforceable as a practical
					 matter at and after the time that actual construction on the particular change
					 begins.
(iii) It is creditable if it has approximately the same
					 qualitative significance for public health and welfare as that attributed to
					 the increase from the particular change.
(G) An increase that results from a physical change at a
					 source occurs when the emissions unit on which construction occurred becomes
					 operational and begins to emit a particular pollutant. Any replacement unit
					 that requires shakedown becomes operational only after a reasonable shakedown
					 period, not to exceed 180 days.
(H) Paragraph (A) of the definition of "actual emissions"
					 shall not apply for determining creditable increases and decreases.
"Potential to emit"
means the maximum capacity
					 of a stationary 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 stationary source.
"Predictive emissions monitoring system"
or
"PEMS"
means all of the equipment necessary to monitor process and
					 control device operational parameters (for example, control device secondary
					 voltages and electric currents) and other information (for example, gas flow
					 rate, O 2, or CO 2 concentrations), and calculate and record the mass emissions
					 rate (for example, lb/hr) on a continuous basis.
"Prevention of Significant Deterioration (PSD)
					 program"
means a major source preconstruction permit program that has
					 been approved by the Administrator and incorporated into the plan to implement
					 the requirements of
					 40 CFR
					 51.166, or the program in
					 40 CFR
					 52.21. Any permit issued under such a program
					 is a major NSR permit.
"Project"
means a physical change in, or
					 change in method of operation of, an existing major stationary source.
"Projected actual emissions"
means
(A) Projected actual emissions means the maximum annual
					 rate, in TPY, at which an existing emissions unit is projected to emit a
					 regulated NSR pollutant in any one of the 5 years (12-month period) following
					 the date the unit resumes regular operation after the project, or in any one of
					 the 10 years following that date, if the project involves increasing the
					 emissions unit's design capacity or its potential to emit that regulated NSR
					 pollutant, and full utilization of the unit would result in a significant
					 emissions increase, or a significant net emissions increase at the major
					 stationary source.
(B) In determining the projected actual emissions under
					 paragraph (A) of this definition (before beginning actual construction), the
					 owner or operator of the major stationary source:
(i) shall consider all relevant information, including but
					 not limited to, historical operational data, the company's own representations,
					 the company's expected business activity and the company's highest projections
					 of business activity, the company's filings with the State or Federal
					 regulatory authorities, and compliance plans under the approved plan;
					 and
(ii) shall include fugitive emissions to the extent
					 quantifiable and emissions associated with start-ups, shutdowns, and
					 malfunctions; and
(iii) shall exclude, in calculating any increase in
					 emissions that results from the particular project, that portion of the unit's
					 emissions following the project that an existing unit could have accommodated
					 during the consecutive 24-month period used to establish the baseline actual
					 emissions and that are also unrelated to the particular project, including any
					 increased utilization due to product demand growth; or,
(iv) in lieu of using the method set out in (B)(i) through
					 (iii) of this definition, may elect to use the emissions unit's potential to
					 emit, in TPY.
"Reactivation of a very clean coal-fired electric
					 utility steam generating unit"
means any physical change or change in
					 the method of operation associated with the commencement of commercial
					 operations by a coal-fired utility unit after a period of discontinued
					 operation where the unit:
(A) has not been in operation for the two-year period prior
					 to the enactment of the Clean Air Act Amendments of 1990, and the emissions
					 from such unit continue to be carried in the Department's emissions inventory
					 at the time of enactment;
(B) was equipped prior to shutdown with a continuous system
					 of emissions control that achieves a removal efficiency for sulfur dioxide of
					 no less than 85% and a removal efficiency for particulates of no less than
					 98%;
(C) is equipped with low-NO X burners prior to the time of
					 commencement of operations following reactivation; and
(D) is otherwise in compliance with the requirements of the
					 Act.
"Regulated NSR pollutant"
means the
					 following:
(A) any pollutant for which a NAAQS has been promulgated.
					 This includes but is not limited to the following:
(i) PM2.5 emissions and
					 PM10 emissions shall include 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 PSD
					 permits.
(ii) any pollutant identified as a constituent or precursor
					 to any pollutant identified under subparagraph (A) of this definition.
					 Precursors identified by the EPA Administrator for purposes of NSR are the
					 following:
(I) volatile organic compounds and nitrogen oxides are
					 precursors to ozone in all attainment and unclassifiable areas.
(II) sulfur dioxide is a precursor to
					 PM2.5 in all attainment and unclassifiable areas.
(III) nitrogen oxides are presumed to be precursors to
					 PM2.5 in all attainment and unclassifiable areas, unless
					 the State demonstrates to the EPA 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 are presumed not to be
					 precursors to PM2.5 in any attainment or unclassifiable
					 area, unless the State demonstrates to the EPA Administrator's satisfaction or
					 EPA demonstrates that emissions of volatile organic compounds from sources in a
					 specific area are a significant contributor to that area's ambient
					 PM2.5 concentrations.
(B) any pollutant that is subject to any standard
					 promulgated under section 111 of the Act;
(C) any Class I or II substance subject to a standard
					 promulgated under or established by title VI of the Act; or
(D) any pollutant that otherwise is "subject to regulation"
					 under the Act as defined in the definition of "subject to regulation" in OAC
					 252:100-8-31;
(E) Notwithstanding subparagraphs (B) through (D) of this
					 definition, regulated NSR pollutant does not include:
(i) any or all HAP either listed in section 112 of the Act
					 or added to the list pursuant to section 112(b)(2) of the Act, which have not
					 been delisted pursuant to section 112(b)(3) of the Act, unless the listed HAP
					 is also regulated as a constituent or precursor of a general pollutant listed
					 under section 108 of the Act; or
(ii) any pollutant that is regulated under section 112(r)
					 of the Act, provided that such pollutant is not otherwise regulated under the
					 Act.
"Replacement unit"
means an emissions unit for
					 which all the criteria listed in paragraphs (A) through (D) of this definition
					 are met. No creditable emission reduction shall be generated from shutting down
					 the existing emissions unit that is replaced.
(A) The emissions unit is a reconstructed unit within the
					 meaning of
					 40 CFR
					 60.15(b)(1), 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 major stationary 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.
"Repowering"
means
(A) Repowering shall mean the replacement of an existing
					 coal-fired boiler with one of the following clean coal technologies:
					 atmospheric or pressurized fluidized bed combustion, integrated gasification
					 combined cycle, magnetohydrodynamics, direct and indirect coal-fired turbines,
					 integrated gasification fuel cells, or as determined by the Administrator, in
					 consultation with the Secretary of Energy, a derivative of one or more of these
					 technologies, and any other technology capable of controlling multiple
					 combustion emissions simultaneously with improved boiler or generation
					 efficiency and with significantly greater waste reduction relative to the
					 performance of technology in widespread commercial use as of November 15,
					 1990.
(B) Repowering shall also include any oil and/or gas-fired
					 unit which has been awarded clean coal technology demonstration funding as of
					 January 1, 1991, by the Department of Energy.
(C) The Director shall give expedited consideration to
					 permit applications for any source that satisfies the requirements of this
					 definition and is granted an extension under section 409 of the Act.
"Significant"
means:
(A) In reference to a net emissions increase or the
					 potential of a source to emit any of the following pollutants, a rate of
					 emissions that would equal or exceed any of the following significant emission
					 rates:
(i) carbon monoxide: 100 TPY,
(ii) nitrogen oxides: 40 TPY,
(iii) sulfur dioxide: 40 TPY,
(iv) particulate matter: 25 TPY of particulate matter
					 emissions or 15 TPY of PM10 emissions,
(v) PM2.5: 10 TPY of direct
					 PM2.5 emissions; 40 TPY of sulfur dioxide emissions; or
					 40 TPY of nitrogen oxide emissions unless demonstrated not to be a
					 PM2.5 precursor under the definition of "regulated NSR
					 pollutant",
(vi) ozone: 40 TPY of VOC or NO X,
(vii) lead: 0.6 TPY,
(viii) fluorides: 3 TPY,
(ix) sulfuric acid mist: 7 TPY,
(x) hydrogen sulfide (H2S): 10
					 TPY,
(xi) total reduced sulfur (including
					 H2S): 10 TPY,
(xii) reduced sulfur compounds (including
					 H2S): 10 TPY,
(xiii) municipal waste combustor organics (measured as
					 total tetra-through octa-chlorinated dibenzo-p-dioxins and dibenzofurans): 3.5
					 x 10 
					 -6  TPY,
(xiv) municipal waste combustor metals (measured as
					 particulate matter): 15 TPY,
(xv) municipal waste combustor acid gases (measured as
					 sulfur dioxide and hydrogen chloride): 40 TPY,
(xvi) municipal solid waste landfill emissions (measured as
					 nonmethane organic compounds): 50 TPY.
(B) In reference to a net emissions increase or the
					 potential of a source to emit a regulated NSR pollutant that subparagraph (A)
					 of this definition does not list, any emission rate.
(C) Any emissions rate or any net emissions increase
					 associated with a major stationary source or major modification which would
					 construct within 6 miles of a Class I area, and have an impact on such area
					 equal to or greater than 1 µg/m 
					 3 (24-hour average).
"Significant emissions increase"
means, for a
					 regulated NSR pollutant, an increase in emissions that is significant for that
					 pollutant.
"Significant net emissions increase"
means a
					 significant emissions increase and a net increase.
"Stationary source"
means any building,
					 structure, facility or installation which emits or may emit a regulated NSR
					 pollutant.
"Subject to regulation"
means, for any air
					 pollutant, that the pollutant is subject to either a provision in the federal
					 Clean Air Act, or a nationally-applicable regulation codified by the EPA
					 Administrator in subchapter C of Chapter I of 40 CFR, that requires actual
					 control of the quantity of emissions of that pollutant, and that such a control
					 requirement has taken effect and is operative to control, limit, or restrict
					 the quantity of emissions of that pollutant released from the regulated
					 activity. Except that:
(A) Greenhouse gases (GHG) shall not be subject to
					 regulation except as provided in subparagraph (D) of this definition.
(B) For purposes of subparagraphs (C) and (D) of this
					 definition, the term TPY CO 2 equivalent emissions
					 (CO2e) shall represent an amount of GHG emitted, and
					 shall be computed as follows:
(i) Multiplying the mass amount of emissions (in TPY), 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.
(ii) Summing the resultant value from (B)(i) of this
					 definition for each gas to compute a TPY CO2e.
(C) The term emissions increase as used in subparagraph (D)
					 of this definition shall mean that both a significant emissions increase (as
					 calculated using the procedures in OAC
					 252:100-8-30(b)(1) through
					 (5) ) and a significant net emissions
					 increase (as defined in the definitions of "net emissions increase" and
					 "significant" in 252:100-8-31 ) occur. For the pollutant GHG, an emissions
					 increase shall be based on TPY CO2e, and shall be
					 calculated assuming the pollutant GHG is a regulated NSR pollutant, and
					 "significant" is defined as 75,000 TPY CO2e and the
					 emissions are otherwise subject to regulation as previously described in this
					 definition.
(D) Beginning January 2, 2011, the pollutant GHG is subject
					 to regulation if it meets the other requirements of this definition and
					 if:
(i) The stationary source is a new major stationary source
					 for a regulated NSR pollutant that is not GHG, and also will emit or will have
					 the potential to emit 75,000 TPY CO 2 e or more; or
(ii) The stationary source is an existing major stationary
					 source for a regulated NSR pollutant that is not GHG, and also will have an
					 emissions increase of a regulated NSR pollutant, and an emissions increase of
					 75,000 TPY CO 2 e or more.
(E) If federal legislation or a federal court stays,
					 invalidates, delays the effective date, or otherwise renders unenforceable by
					 the EPA, in whole or in part, the EPA's tailoring rule (75 FR 31514, June 3,
					 2010), endangerment finding (74 FR 66496, December 15, 2009), or light-duty
					 vehicle greenhouse gas emission standard (75 FR 25686, May 7, 2010), this
					 definition shall be enforceable only to the extent that it is enforceable by
					 the EPA.
"Temporary clean coal technology demonstration
					 project"
means a clean coal technology demonstration project that is
					 operated for a period of 5 years or less, and which complies with the Oklahoma
					 Air Pollution Control Rules in OAC 252:100 and other requirements necessary to
					 attain and/or maintain the NAAQS during and after the project is
					 terminated.
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
					 443, eff 12-27-10 (emergency); Amended at 28 Ok Reg 1179, eff 7-1-11; Amended
					 at 29 Ok Reg 605, eff 7-1-12