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 252:100-8-2 - 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. Except as specifically provided in this Section, terms used in this
					 Part retain the meaning accorded them under the applicable requirements of the
					 Act.
"Administratively complete"
means an
					 application that provides:
(A) All information required under OAC
					 252:100-8-5(c), (d), or
					 (e);
(B) A landowner affidavit as required by OAC
					 252:4-7-13(b);
(C) The appropriate application fees as required by OAC
					 252:100-8-1.7;
					 and
(D) Certification by the responsible official as required
					 by OAC
					 252:100-8-5(f).
"Affected source"
means the same as the
					 meaning given to it in the regulations promulgated under Title IV (acid rain)
					 of the Act.
"Affected states"
means:
(A) all states:
(i) That are one of the following contiguous states:
					 Arkansas, Colorado, Kansas, Missouri, New Mexico and Texas, and
(ii) That in the judgment of the DEQ may be directly
					 affected by emissions from the facility seeking the permit, permit
					 modification, or permit renewal being proposed; or
(B) all states that are within 50 miles of the permitted
					 source.
"Affected unit"
means the same as the meaning
					 given to it in the regulations promulgated under Title IV (acid rain) of the
					 Act.
"Applicable requirement"
means all of the
					 following as they apply to emissions units in a Part 70 source subject to this
					 Chapter (including requirements that have been promulgated or approved by EPA
					 through rulemaking at the time of issuance but have future effective compliance
					 dates):
(A) Any standard or other requirements provided for in the
					 applicable implementation plan approved or promulgated by EPA through
					 rulemaking under Title I of the Act that implements the relevant requirements
					 of the Act, including any revisions to that plan promulgated in 40 CFR Part
					 52;
(B) Any term or condition of any preconstruction permits
					 issued pursuant to regulations approved or promulgated through rulemaking under
					 Title I, including parts C or D, of the Act;
(C) Any standard or other requirement under section 111 of
					 the Act, including section 111(d);
(D) Any standard or other requirement under section 112 of
					 the Act, including any requirement concerning accident prevention under section
					 112(r)(7) of the Act, but not including the contents of any risk management
					 plan required under 112(r) of the Act;
(E) Any standard or other requirement of the acid rain
					 program under Title IV of the Act or the regulations promulgated
					 thereunder;
(F) Any requirements established pursuant to section 504(b)
					 or section 114(a)(3) of the Act;
(G) Any standard or other requirement governing solid waste
					 incineration, under section 129 of the Act;
(H) Any standard or other requirement for consumer and
					 commercial products, under section 183(e) of the Act;
(I) Any standard or other requirement for tank vessels,
					 under section 183(f) of the Act;
(J) Any standard or other requirement of the regulations
					 promulgated to protect stratospheric ozone under Title VI of the Act, unless
					 the Administrator has determined that such requirements need not be contained
					 in a Title V permit; and
(K) Any national ambient air quality standard or increment
					 or visibility requirement under part C of Title I of the Act, but only as it
					 would apply to temporary sources permitted pursuant to section 504(e) of the
					 Act.
"Begin actual construction"
means for purposes
					 of this Part, 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.
"Designated representative"
means with respect
					 to affected units, a responsible person or official authorized by the owner or
					 operator of a unit to represent the owner or operator in matters pertaining to
					 the holding, transfer, or disposition of allowances allocated to a unit, and
					 the submission of and compliance with permits, permit applications, and
					 compliance plans for the unit.
"Draft permit"
means the version of a permit
					 for which the DEQ offers public participation under 27A O.S.§§
					 2-14-101 through 2-14-401 and OAC 252:4-7 or affected State review under OAC
					 252:100-8-8.
"Emergency"
means, when used in OAC
					 252:100-8-6(a)(3)(C)(iii)(I) and
					 (e), any situation arising from sudden and
					 reasonably unforeseeable events beyond the control of the source, including
					 acts of God, which situation requires immediate corrective action to restore
					 normal operation, and that causes the source to exceed a technology-based
					 emission limitation under the permit, due to unavoidable increases in emissions
					 attributable to the emergency. An emergency shall not include noncompliance to
					 the extent caused by improperly designed equipment, lack of preventive
					 maintenance, careless or improper operation, or operator error.
"Emissions allowable under the permit"
means a
					 federally enforceable permit term or condition determined at issuance to be
					 required by an applicable requirement that establishes an emissions limit
					 (including a work practice standard) or a federally enforceable emissions cap
					 that the source has assumed to avoid an applicable requirement to which the
					 source would otherwise be subject.
"Emissions unit"
means any part or activity of
					 a stationary source that emits or has the potential to emit any regulated air
					 pollutant or any pollutant listed under section 112(b) of the Act. Fugitive
					 emissions from valves, flanges, etc. associated with a specific unit process
					 shall be identified with that specific emission unit. This term is not meant to
					 alter or affect the definition of the term "unit" for purposes of Title IV of
					 the Act.
"Enhanced NSR process"
means a process under
					 which the evaluation of requirements applicable under NSR is integrated with a
					 full determination of procedural and compliance requirements under the Part 70
					 source (Title V) operating permit program. This process is an alternative to
					 traditional NSR process, and is only available for facilities already operating
					 under a Title V permit. Under the enhanced NSR process, the 30-day public
					 review period for a draft NSR permit is integrated with the 45-day EPA review
					 of the Title V permit and would allow for the issuance of a major source
					 construction permit whose applicable Title V implications have also been
					 reviewed. Therefore, the applicable requirements of the construction permit may
					 later be incorporated as a modification to the Title V operating permit using
					 the administrative amendment process of OAC
					 252:100-8-7.2(a)
					 - without further public or EPA review, as authorized in OAC
					 252:4-7-13(g)(4).
"Final permit"
means the version of a part 70
					 permit issued by the DEQ that has completed all review procedures required by
					 OAC
					 252:100-8-7
					 through
					 252:100-8-7.5 and
					 OAC
					 252:100-8-8.
"Fugitive emissions"
means those emissions of
					 regulated air pollutants which could not reasonably pass through a stack,
					 chimney, vent, or other functionally-equivalent opening.
"General permit"
means a part 70 permit that
					 meets the requirements of OAC
					 252:100-8-6.1.
"Insignificant activities"
means individual
					 emissions units that are either on the list approved by the Administrator and
					 contained in Appendix I, or whose actual calendar year emissions do not exceed
					 any of the limits in (A) and (B) of this definition. Any activity to which a
					 State or federal applicable requirement applies is not insignificant even if it
					 meets the criteria below or is included on the insignificant activities list.
(A) 5 tons per year (TPY) of any one criteria
					 pollutant.
(B) 2 tons per year for any one hazardous air pollutant
					 (HAP) or 5 tons per year for an aggregate of two or more HAPs, or 20 percent of
					 any threshold less than 10 tons per year for single HAP that the EPA may
					 establish by rule.
"MACT"
means maximum achievable control
					 technology.
"Major source"
means any stationary source (or
					 any group of stationary sources that are located on one or more contiguous or
					 adjacent properties and are under common control of the same person (or persons
					 under common control)) belonging to a single major industrial grouping and that
					 is described in subparagraph (A), (B), or (C) of this definition. For the
					 purposes of defining "major source," a stationary source or group of stationary
					 sources shall be considered part of a single industrial grouping if all of the
					 pollutant emitting activities at such source or group of sources on contiguous
					 or adjacent properties belong to the same Major Group (i.e., all have the same
					 two-digit primary SIC code) as described in the Standard Industrial
					 Classification Manual, 1987. For onshore activities belonging to Standard
					 Industrial Classification (SIC) Major Group 13: Oil and Gas Extraction,
					 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.
(A) A major source under section 112 of the Act, which is
					 defined as:
(i) For pollutants other than radionuclides, any stationary
					 source or group of stationary sources located within a contiguous area and
					 under common control that emits or has the potential to emit, in the aggregate,
					 10 TPY or more of any hazardous air pollutant which has been listed pursuant to
					 section 112(b) of the Act, 25 TPY or more of any combination of such hazardous
					 air pollutants, or such lesser quantity as the Administrator may establish by
					 rule. Notwithstanding the preceding sentence, emissions from any oil or gas
					 exploration or production well (with its associated equipment) and emissions
					 from any pipeline compressor or pump station shall not be aggregated with
					 emissions from other similar units, whether or not such units are in a
					 contiguous area or under common control, to determine whether such units or
					 stations are major sources; or
(ii) For radionuclides, "major source" shall have the
					 meaning specified by the Administrator by rule.
(B) A major stationary source of air pollutants, as defined
					 in section 302 of the Act, that directly emits or has the potential to emit,
					 100 TPY or more of any air pollutant (except gross particulate matter) subject
					 to regulation (including any major source of fugitive emissions of any such
					 pollutant, as determined by rule by the Administrator). The fugitive emissions
					 of a stationary source shall not be considered in determining whether it is a
					 major stationary source for the purposes of section 302(j) of the Act, unless
					 the source belongs to one of the following categories of stationary sources:
(i) Coal cleaning plants (with thermal dryers);
(ii) Kraft pulp mills;
(iii) Portland cement plants;
(iv) Primary zinc smelters;
(v) Iron and steel mills;
(vi) Primary aluminum ore reduction plants;
(vii) Primary copper smelters;
(viii) Municipal incinerators capable of charging more than
					 250 tons of refuse per day;
(ix) Hydrofluoric, sulfuric, or nitric acid plants;
(x) Petroleum refineries;
(xi) Lime plants;
(xii) Phosphate rock processing plants;
(xiii) Coke oven batteries;
(xiv) Sulfur recovery plants;
(xv) Carbon black plants (furnace process);
(xvi) Primary lead smelters;
(xvii) Fuel conversion plants;
(xviii) Sintering plants;
(xix) Secondary metal production plants;
(xx) Chemical process plants (not including ethanol
					 production facilities that produce ethanol by natural fermentation included in
					 NAICS codes 325193 or 312140);
(xxi) Fossil-fuel boilers (or combination thereof) totaling
					 more than 250 million British thermal units per hour heat input;
(xxii) Petroleum storage and transfer units with a total
					 storage capacity exceeding 300,000 barrels;
(xxiii) Taconite ore processing plants;
(xxiv) Glass fiber processing plants;
(xxv) Charcoal production plants;
(xxvi) Fossil-fuel-fired steam electric plants of more than
					 250 million British thermal units per hour heat input; or
(xxvii) All other stationary source categories which, as of
					 August 7, 1980, are being regulated by a standard promulgated under section 111
					 or 112 of the Act.
(C) A major stationary source as defined in part D of Title
					 I of the Act, including:
(i) For ozone nonattainment areas, sources with the
					 potential to emit 100 TPY or more of volatile organic compounds or oxides of
					 nitrogen in areas classified or treated as classified as "Marginal" or
					 "Moderate," 50 TPY or more in areas classified or treated as classified as
					 "Serious," 25 TPY or more in areas classified or treated as classified as
					 "Severe," and 10 TPY or more in areas classified or treated as classified as
					 "Extreme"; except that the references in this paragraph to 100, 50, 25, and 10
					 TPY of nitrogen oxides shall not apply with respect to any source for which the
					 Administrator has made a finding, under section 182(f)(1) or (2) of the Act,
					 that requirements under section 182(f) of the Act do not apply;
(ii) For ozone transport regions established pursuant to
					 section 184 of the Act, sources with the potential to emit 50 TPY or more of
					 volatile organic compounds;
(iii) For carbon monoxide nonattainment areas:
(I) that are classified or treated as classified as
					 "Serious"; and
(II) in which stationary sources contribute significantly
					 to carbon monoxide levels as determined under rules issued by the
					 Administrator, sources with the potential to emit 50 TPY or more of carbon
					 monoxide; and
(iv) For particulate matter (PM 10) nonattainment areas
					 classified or treated as classified as "Serious," sources with the potential to
					 emit 70 TPY or more of PM 10.
"Maximum capacity"
means the quantity of air
					 contaminants that theoretically could be emitted by a stationary source without
					 control devices based on the design capacity or maximum production capacity of
					 the source and 8,760 hours of operation per year. In determining the maximum
					 theoretical emissions of VOCs for a source, the design capacity or maximum
					 production capacity shall include the use of raw materials, coatings and inks
					 with the highest VOC content used in practice by the source.
"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.
"Permit modification"
means a revision to a
					 Part 70 source construction or operating permit that meets the requirements of
					 OAC
					 252:100-8-7.2(b).
"Permit program costs"
means all reasonable
					 (direct and indirect) costs required to develop and administer a permit
					 program, as set forth in OAC
					 252:100-5-2.2
					 (whether such costs are incurred by the DEQ or other State or local agencies
					 that do not issue permits directly, but that support permit issuance or
					 administration).
"Permit revision"
means any permit
					 modification or administrative permit amendment.
"Potential to emit"
means the maximum capacity
					 of a stationary source to emit any air pollutant under its physical and
					 operational design. Any physical or operational limitation on the capacity of a
					 source to emit an air 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 is enforceable by the Administrator. This term does not alter or
					 affect the use of this term for any other purposes under the Act, or the term
					 "capacity factor" as used in Title IV of the Act or the regulations promulgated
					 thereunder.
"Proposed permit"
means the version of a
					 permit that the DEQ proposes to issue and forwards to the Administrator for
					 review in compliance with OAC
					 252:100-8-8.
"Regulated air pollutant"
means the
					 following:
(A) Nitrogen oxides or any volatile organic compound (VOC),
					 including those substances defined in OAC
					 252:100-1-3,
					 252:100-37-2, and
					 252:100-39-2, except
					 those specifically excluded in the EPA definition of VOC in
					 40
					 CFR 51.100(s);
(B) Any pollutant for which a national ambient air quality
					 standard has been promulgated;
(C) Any pollutant that is subject to any standard
					 promulgated under section 111 of the Act;
(D) Any Class I or II ozone-depleting substance subject to
					 a standard promulgated under or established by Title VI of the Act;
(E) Any pollutant subject to a standard promulgated under
					 section 112 or other requirements established under section 112 of the Act
					 (Hazardous Air Pollutants), including sections 112(g) (Modifications), (j)
					 (Equivalent Emission Limitation by Permit, and (r) (Prevention of Accidental
					 Releases), including the following:
(i) any pollutant subject to the requirements under section
					 112(j) of the Act. If the Administrator fails to promulgate a standard by the
					 date established pursuant to section 112(e) of the Act (Schedule for Standards
					 and Review), any pollutant for which a subject source would be major shall be
					 considered to be regulated as to that source on the date 18 months after the
					 applicable date established pursuant to section 112(e) of the Act; and,
(ii) any pollutant for which the requirements of section
					 112(g)(2) of the Act have been met, but only with respect to the individual
					 source subject to the section 112(g)(2) requirement; or
(F) Any other substance for which an air emission
					 limitation or equipment standard is set by an existing permit or regulation.
"Renewal"
means the process by which a permit
					 is reissued at the end of its term.
"Section 502(b)(10) changes"
means changes
					 that contravene an express permit term. Such changes do not include changes
					 that would violate applicable requirements or contravene federally enforceable
					 permit terms and conditions that are monitoring (including test methods),
					 recordkeeping, reporting, or compliance certification requirements.
"Small unit"
means a fossil fuel fired
					 combustion device which serves a generator with a name plate capacity of 25 MWe
					 or less.
"State-only requirement"
means any standard or
					 requirement pursuant to Oklahoma Clean Air Act (27A O.S. §§ 2-5-101
					 through 2-5-118, as amended) that is not contained in the State Implementation
					 Plan (SIP).
"State program"
means a program approved by
					 the Administrator under 40 CFR Part 70.
"Stationary source"
means any building,
					 structure, facility, or installation that emits or may emit any regulated air
					 pollutant or any pollutant listed under section 112(b) of the Act as it existed
					 on January 2, 2006.
"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 unless, as of July 1, 2011, the GHG emissions are at a stationary
					 source emitting or having the potential to emit 100,000 TPY
					 CO2 equivalent emissions (CO2e)
					 and are otherwise subject to regulation as previously described in this
					 definition.
(B) The term TPY CO2 equivalent
					 emissions (CO2e) shall represent an amount of GHG
					 emitted, and shall be computed by multiplying the mass amount of emissions
					 (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, and summing the resultant value
					 for each to compute a TPY CO2e.
(C) 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.
"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 Part 70 source (Title V) operating permit program. This process is
					 required for facilities that have not yet received a Part 70 source operating
					 permit, but it may also be used (as an alternative to the enhanced NSR process)
					 for facilities that have already received a Part 70 source operating permit.
					 Under the traditional NSR process, the EPA has an opportunity to review a draft
					 construction permit during the 30-day public review period. This process is
					 independent of the subsequent application, review, and issuance process for the
					 source's initial or modified Part 70 source operating permit that includes a
					 30-day public review period and a separate 45-day EPA review period, as
					 described in OAC
					 252:100-8-8
					 and OAC 252:4-7.
"Trivial activities"
means any individual or
					 combination of air emissions units that are considered inconsequential and are
					 on a list approved by the Administrator and contained in Appendix J.
"Unit"
means, for purposes of Title IV, a
					 fossil fuel-fired combustion device.
Added at 11 Ok Reg
					 977, eff 1-14-94 (emergency); Added at 11 Ok Reg 2031, eff 5-26-94; Added at 12
					 Ok Reg 733, eff 1-5-95 (emergency); Amended at 12 Ok Reg 1609, eff 7-1-95;
					 Amended at 14 Ok Reg 1029, eff 1-16-97 (emergency); Amended at 14 Ok Reg 1602,
					 eff 6-2-97; Amended at 15 Ok Reg 2590, eff 6-25-98; Amended at 18 Ok Reg 1455,
					 eff 6-1-01; Amended at 20 Ok Reg 1119, eff 6-1-03; Amended at 22 Ok Reg 1111,
					 eff 6-15-05; 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