reglab/statecodes huggingface dataset:
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 252:100-8-32.3 - Stack heights

Current through Vol. 41, No. 20, July 1, 2024
(a) Emission
				  limitation of any air pollutant under this Part shall not be affected in any
				  manner by:
(1) stack height of any source
				  that exceeds good engineering practice, or
(2) any other dispersion technique.
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 252:100-8-33 - Exemptions

Current through Vol. 41, No. 20, July 1, 2024
(a)
Exemptions from the requirements of
				  OAC
				  252:100-8-34
				  through
				  252:100-8-36.2.
(1) The requirements of OAC
				  252:100-8-34
				  through
				  252:100-8-36.2
				  do not apply to a particular major stationary source or major modification if
				  the source or modification is:
(A) a
				  nonprofit health or nonprofit educational institution; or
(B) major only if fugitive emissions, to the
				  extent quantifiable, are included in calculating the potential to emit and such
				  source is not one of the categories listed in paragraph (C) of the definition
				  of "Major stationary source"; or
(C) a portable stationary source which has
				  previously received a permit under the requirements contained in OAC
				  252:100-8-34
				  through
				  252:100-8-36.2
				  and proposes to relocate to a temporary new location from which its emissions
				  would not impact a Class I area or an area where an applicable increment is
				  known to be violated.
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 252:100-8-34 - Control technology review

Current through Vol. 41, No. 20, July 1, 2024
(a)
Requirement to comply with rules and regulations.
A major
				  stationary source or major modification shall meet each applicable emissions
				  limitation under OAC 252:100 and each applicable emission standard and standard
				  of performance under 40 CFR parts 60 and 61.
(b)
Requirement to apply best available
				  control technology (BACT).
(1) A new
				  major stationary source shall apply BACT for each regulated NSR pollutant that
				  it would have the potential to emit in significant amounts.
(2) A major modification shall apply BACT for
				  each regulated NSR pollutant for which it would be a significant net emissions
				  increase at the source. This requirement applies to each proposed emissions
				  unit at which a net emissions increase in the pollutant would occur as a result
				  of a physical change or change in the method of operation in the
				  unit.
(3) For phased construction
				  projects the determination of BACT shall be reviewed and modified at the
				  discretion of the Director at a reasonable time but no later than 18 months
				  prior to commencement of construction of each independent phase of the project.
				  At such time the owner or operator may be required to demonstrate the adequacy
				  of any previous determination of BACT.
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 252:100-8-35 - Air quality impact evaluation

Current through Vol. 41, No. 20, July 1, 2024
(a)
Source impact analysis (impact on NAAQS and PSD increment).
(1)
Required demonstration.
The
				  owner or operator of the proposed source or modification shall demonstrate
				  that, as of the source's start-up date, allowable emissions increases from that
				  source or modification, in conjunction with all other applicable emissions
				  increases or reductions (including secondary emissions) would not cause or
				  contribute to any increase in ambient concentrations that would exceed:
(A) any NAAQS in any air quality control
				  region; or
(B) the remaining
				  available PSD increment for the specified air contaminants in any area as
				  determined by the Director.
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 252:100-8-35.1 - Source information

Current through Vol. 41, No. 20, July 1, 2024
(a) The permit
				  application for a proposed new major stationary source or major modification
				  subject to this Part shall contain the construction permit application content
				  required in OAC
				  252:100-8-4.
(b) In addition to the requirements of OAC
				  252:100-8-35.1(a), the owner or operator of a proposed new major stationary
				  source or major modification subject to this Part shall supply the following
				  information in the permit application.
(1)
				  The owner or operator of a proposed source or modification shall submit all
				  information necessary to perform any analysis or make any determination
				  required under this Part.
(2) The
				  permit application shall contain a detailed description of the system of
				  continuous emission reduction planned for the source or modification, emission
				  estimates, and any other information necessary to determine that BACT as
				  applicable would be applied.
(3)
				  Upon request of the Director, the owner or operator shall also provide
				  information on:
(A) the air quality impact of
				  the source or modification, including meteorological and topographical data
				  necessary to estimate such impact; and
(B) the air quality impacts and the nature
				  and extent of any or all general commercial, residential, industrial, and other
				  growth which has occurred since August 7, 1977, in the area the source or
				  modification would affect.
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 252:100-8-35.2 - Additional impact analyses

Current through Vol. 41, No. 20, July 1, 2024
(a)
Growth analysis.
The permit application shall provide an analysis
				  of the projected air quality impact and impairment to visibility, soils, and
				  vegetation as a result of the source or modification and general commercial,
				  residential, industrial, and other growth associated with the source or
				  modification.
(b)
Visibility
				  monitoring.
The Director may require monitoring of visibility in any
				  Federal Class I area near the proposed new stationary source or major
				  modification for such purposes and by such means as the Director deems
				  necessary and appropriate.
Added at 23 Ok Reg
					 1699, eff 6-15-06
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 252:100-8-36 - Source impacting Class I areas

Current through Vol. 41, No. 20, July 1, 2024
(a)
Class I area variance.
Permits may be issued at variance to the
				  limitations imposed on a Class I area in compliance with the procedures and
				  limitations established in State and Federal Clean Air Acts.
(b)
Notice to Federal Land
				  Managers.
(1) The Director shall
				  notify any affected Federal Land Manager of the receipt of any permit
				  application for a proposed major stationary source or major modification,
				  emissions from which may affect a Class I area. Such notification must be made
				  in writing within 30 days of receipt of an application for a permit to
				  construct and at least 60 days prior to public hearing on the application. The
				  notification must include a complete copy of the permit application. The
				  Director shall also notify any affected Federal Land Manager within 30 days of
				  receipt of any advance notification of such permit application.
(2) The permit application will contain an
				  analysis on the impairment of visibility and an assessment of any anticipated
				  adverse impacts on soils and vegetation in the vicinity of the source resulting
				  from construction of the source.
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 252:100-8-36.1 - Public participation

Current through Vol. 41, No. 20, July 1, 2024
See OAC 252:4, 27A O.S. § 2-5-112, and 27A O.S.
					 §§ 2-14-101 through 2-14-304.
Added at 23 Ok Reg
					 1699, eff 6-15-06
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 252:100-8-36.2 - Source obligation

Current through Vol. 41, No. 20, July 1, 2024
(a)
Obtaining
				  and complying with preconstruction permits.
Any owner or operator who
				  constructs or operates a source or modification not in accordance with the
				  application submitted pursuant to this Part or with the terms of any approval
				  to construct, or any owner or operator of a source or modification subject to
				  this Part who commences construction after the effective date of these
				  regulations without applying for and receiving approval hereunder, shall be
				  subject to appropriate enforcement action.
(b)
Consequences of relaxation of
				  permit requirements.
When a source or modification becomes major solely
				  by virtue of a relaxation in any enforceable permit limitation established
				  after August 7, 1980, on the capacity of the source or modification to emit a
				  pollutant, such as a restriction on hours of operation, then the requirements
				  of OAC 252:100-8, Parts 1, 3, 5, and 7 and
				  252:100-8-34
				  through
				  252:100-8-37
				  shall apply to that source or modification as though construction had not yet
				  commenced on it.
(c)
Requirements when using projected actual emissions.
The following
				  specific provisions apply to projects at existing emissions units at a major
				  stationary source (other than projects at a source with a PAL) of any regulated
				  NSR pollutant, and the owner or operator elects to use the method specified in
				  (B)(i) through (iii) of the definition of "projected actual emissions" in OAC
				  252:100-8-31 for
				  calculating projected actual emissions.
(1)
				  Before beginning actual construction of the project, the owner or operator
				  shall document and maintain a record of the following information:
(A) A description of the project;
(B) Identification of the existing emissions
				  unit(s) whose emissions of a regulated NSR pollutant could be affected by the
				  project; and
(C) A description of
				  the applicability test used to determine that the project is not a major
				  modification for any regulated NSR pollutant, including the baseline actual
				  emissions, the projected actual emissions, the amount of emissions excluded
				  under (B)(iii) of the definition of "projected actual emissions" in OAC
				  252:100-8-31 and an
				  explanation for why such amount was excluded, and any netting calculations, if
				  applicable.
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 252:100-8-37 - Innovative control technology

Current through Vol. 41, No. 20, July 1, 2024
(a) An
				  applicant for a permit for a proposed major stationary source or major
				  modification may request the Director in writing to approve a system of
				  innovative control technology.
(b)
				  The Director may determine that the innovative control technology is
				  permissible if:
(1) The proposed control
				  system would not cause or contribute to an unreasonable risk to public health,
				  welfare or safety in its operation or function.
(2) The applicant agrees to achieve a level
				  of continuous emissions reductions equivalent to that which would have been
				  required for BACT under OAC
				  252:100-8-34(b)(1)
				  by a date specified by the Director. Such date shall not be later than 4 years
				  from the time of start-up or 7 years from permit issuance.
(3) The source or modification would meet the
				  requirements equivalent to those in OAC
				  252:100-8-34
				  and
				  252:100-8-35(a)
				  based on the emissions rate that the stationary source employing the system of
				  innovative control technology would be required to meet on the date specified
				  by the Director.
(4) The source or
				  modification would not, before the date specified, cause or contribute to any
				  violation of the applicable NAAQS, or impact any Class I area or area where an
				  applicable increment is known to be violated.
(5) All other applicable requirements
				  including those for public participation have been met.
(6) The provisions of OAC
				  252:100-8-36
				  (relating to Class I areas) have been satisfied with respect to all periods
				  during the life of the source or modification.
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 252:100-8-38 - Actuals PAL

Current through Vol. 41, No. 20, July 1, 2024
(a)
Incorporation by reference.
With the exception of the definitions
				  in OAC 252:100-8-38(c),
				  40 CFR
				  51.166(w), Actuals PALs, is
				  hereby incorporated by reference, as it exists on July 2, 2007, and does not
				  include any subsequent amendments or editions to the referenced
				  material.
(b)
Inclusion of
				  CFR citations and definitions.
When a provision of Title 40 of the Code
				  of Federal Regulations (40 CFR) is incorporated by reference, all citations
				  contained therein are also incorporated by reference.
(c)
Terminology related to
				  40 CFR
				  51.166(w).
For
				  purposes of interfacing with 40 CFR, the following terms apply.
(1) "Baseline actual emissions" is synonymous
				  with the definition of "baseline actual emissions" in OAC
				  252:100-8-31.
(2) "Building, structure, facility, or
				  installation" is synonymous with the definition of "building, structure,
				  facility, or installation" in OAC
				  252:100-1-3.
(3) "EPA" is synonymous with Department of
				  Environmental Quality (DEQ) unless the context clearly indicates
				  otherwise.
(4) "Major modification"
				  is synonymous with the definition of "major modification" in OAC
				  252:100-8-31.
(5) "Net emissions increase" is synonymous
				  with the definition of "net emissions increase" in OAC
				  252:100-8-31.
(6) "Reviewing authority" is synonymous with
				  "Director".
(7) "State
				  implementation plan" is synonymous with OAC 252:100.
(8) "Volatile organic compound (VOC)" is
				  synonymous with the definition of "volatile organic compound" or "VOC" in OAC
				  252:100-1-3.
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 252:100-8-39 - Severability

Current through Vol. 41, No. 20, July 1, 2024
If any provision of this Part, or the application of such
					 provision to any person or circumstance, is held invalid, the remainder of this
					 Part, or the application of such provision to persons or circumstances other
					 than those as to which it is held invalid, shall not be affected
					 thereby.
Added at 23 Ok Reg
					 1699, eff 6-15-06
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 252:100-8-50 - Applicability

Current through Vol. 41, No. 20, July 1, 2024
(a)
General applicability.
(1) The requirements of this Part shall apply
				  to the construction of any new major stationary source or major modification
				  which would locate in or affect a nonattainment area located in Oklahoma,
				  designated under section 107(d)(1)(A)(i) of the Act, if the stationary source
				  or modification is major for the pollutant for which the area is designated
				  nonattainment.
(2) The requirements
				  of OAC 252:100-8, Parts 1, 3, and 5 also apply to the construction of any new
				  major stationary source or major modification.
(3) In addition, the requirements of a PSD
				  review (OAC 252:100-8, Part 7) would be applicable if any regulated NSR
				  pollutant other than the nonattainment pollutant is emitted in significant
				  amounts by that source or modification.
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 252:100-8-50.1 - Incorporation by reference

Current through Vol. 41, No. 20, July 1, 2024
(a)
Inclusion of CFR citations and definitions.
When a provision of
				  Title 40 of the Code of Federal Regulations (40 CFR) is incorporated by
				  reference, all citations contained therein are also incorporated by
				  reference.
(b)
Terminology
				  related to 40 CFR.
When these terms are used in rules incorporated by
				  reference from 40 CFR, the following terms or definitions shall apply.
(1) "Baseline actual emissions" is synonymous
				  with the definition of "baseline actual emissions" in OAC
				  252:100-8-31.
(2) "Building, structure, facility, or
				  installation" is synonymous with the definition of "building, structure,
				  facility, or installation" in OAC
				  252:100-1-3.
(3) "EPA" is synonymous with Department of
				  Environmental Quality (DEQ) unless the context clearly indicates
				  otherwise.
(4) "Major modification"
				  is synonymous with the definition of "major modification" in OAC
				  252:100-8-51.
(5) "Net emissions increase" is synonymous
				  with the definition of "net emissions increase" in OAC
				  252:100-8-51.
(6) "Regulated NSR pollutant" is synonymous
				  with the definition of "regulated NSR pollutant" in OAC
				  252:100-8-51.
(7) "Reviewing authority" is synonymous with
				  "Director".
(8) "Secondary
				  emissions" is synonymous with the definition of "secondary emissions" in OAC
				  252:100-8-1.1.
(9) "State implementation plan" is synonymous
				  with OAC 252:100.
(10) "Volatile
				  organic compound (VOC)" is synonymous with the definition of "volatile organic
				  compound" or "VOC" in OAC
				  252:100-1-3.
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 252:100-8-51.1 - Emissions reductions and offsets

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				  requirements in
				  40 CFR
				  51.165(a)(3) regarding
				  emissions reductions and offsets are hereby incorporated by reference as they
				  exist on July 2, 2007.
(b) The
				  requirements in subsection
				  40 CFR 51.165(a)
				  (9) dealing with offset ratios are hereby
				  incorporated by reference as they exist on July 1, 2010.
(c) The requirements in
				  40 CFR
				  51.165(a)(11) regarding
				  emission offsets are hereby incorporated by reference as they exist on April 6,
				  2015.
Added 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; Amended at 29 Ok Reg 605, eff
					 7-1-12
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 252:100-8-52 - Applicability determination for sources in attainment areas causing or contributing to NAAQS violation

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				  requirements in
				  40 CFR
				  51.165(b) regarding a source
				  located in an attainment or unclassifiable area but causing or contributing to
				  a NAAQS violation are hereby incorporated by reference as they exist on
				  December 20, 2010.
(b) Sources of
				  VOC located outside a designated ozone nonattainment area will be presumed to
				  have no significant impact on the designated nonattainment area. If ambient
				  monitoring indicates that the area of source location is in fact nonattainment,
				  then the source may be granted its permit since the area has not yet been
				  designated nonattainment.
(c)
				  Sources locating in an attainment area but impacting on a nonattainment area
				  above the significant levels listed in OAC 252:100-8-52(a) are exempted from
				  the condition of OAC
				  252:100-8-54(4)(A).
(d) The determination whether a source or
				  modification will cause or contribute to a violation of an applicable ambient
				  air quality standard for sulfur dioxide, particulate matter or carbon monoxide
				  will be made on a case-by-case basis as of the proposed new source's start-up
				  date by an atmospheric simulation model. For sources of nitrogen oxides the
				  model can be used for an initial determination assuming all the nitric oxide
				  emitted is oxidized to nitrogen dioxide by the time the plume reaches ground
				  level, and the initial concentration estimates will be adjusted if adequate
				  data are available to account for the expected oxidation rate.
(e) The determination as to whether a source
				  would cause or contribute to a violation of applicable ambient air quality
				  standards will be made on a case-by-case basis as of the new source's start-up
				  date. Therefore, if a designated nonattainment area is projected to be
				  attainment as part of the state implementation plan control strategy by the new
				  source start-up date, offsets would not be required if the new source would not
				  cause a new violation.
Amended and renumbered
					 from 252:100-7-52 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
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 252:100-8-53 - Exemptions

Current through Vol. 41, No. 20, July 1, 2024
(a) The requirements in
				  40 CFR
				  51.165(a)(4) regarding
				  exemption of fugitive emissions in determining if a source or modification is
				  major are hereby incorporated by reference as they exist on July 2,
				  2007.
(b) Nonattainment area
				  requirements do not apply to a particular source or modification locating in or
				  impacting on a nonattainment area if the source or modification was not subject
				  to 40 CFR Part 51, Appendix S (emission offset interpretative ruling) as it
				  existed on January 16, 1979, and the source:
(1) obtained all final federal and state
				  construction permits before August 7, 1980;
(2) commenced construction within 18 months
				  from August 7, 1980, or any earlier time required by the State Implementation
				  Plan; and,
(3) did not discontinue
				  construction for a period of 18 months or more and completed construction
				  within a reasonable time.
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 252:100-8-54 - Requirements for sources located in nonattainment areas

Current through Vol. 41, No. 20, July 1, 2024
In the event a major source or modification would be
					 constructed in an area designated as nonattainment for a pollutant for which
					 the source or modification is major, approval shall be granted only if the
					 following conditions are met:
(1) The
				  new source must demonstrate that it has applied control technology which the
				  Director, on a case-by-case basis, determines is achievable for a source based
				  on the lowest achievable emission rate (LAER) achieved in practice by such
				  category of source (i.e., lowest achievable emission rate as defined in the
				  Act).
(2) If the Director
				  determines that imposition of an enforceable numerical emission standard is
				  infeasible due to technological or economic limitations on measurement
				  methodology, a design, equipment, work practice or operational standard, or
				  combination thereof, may be prescribed as the emission limitation
				  rate.
(3) The owner or operator of
				  the new source must demonstrate that all other major sources owned or operated
				  by such person in Oklahoma are in compliance, or are meeting all steps on a
				  schedule for compliance, with all applicable limitations and standards under
				  Oklahoma and Federal Clean Air Acts.
(4) The owner or operator of the new source
				  must demonstrate that upon commencing operations:
(A) The emissions from the proposed source
				  and all other sources permitted in the area do not exceed the planned growth
				  allowable for the area designated in the State Implementation Plan;
				  or,
(B) The total allowable
				  emissions from existing sources in the region and the emissions from the
				  proposed source will be sufficiently less than the total emissions from
				  existing sources allowed under the State Implementation Plan at the date of
				  construction permit application so as to represent further progress toward
				  attainment or maintenance of the ambient air quality standards in the problem
				  area.
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 252:100-8-54.1 - Ozone and PM-10 precursors

Current through Vol. 41, No. 20, July 1, 2024
(a)
Ozone.
The requirements of Part 9 of OAC 252:100-8 applicable to
				  major stationary sources and major modifications of VOCs shall apply to NOX
				  emissions from major stationary sources and major modifications of NOX in an
				  ozone transport region (as defined in
				  42 U.S.C.§
											7511c ) or in any ozone nonattainment area,
				  except in ozone nonattainment areas or in portions of an ozone transport region
				  where the Administrator has granted a NOX waiver applying the standards set
				  forth under section 182(f) of the Act and the waiver continues to
				  apply.
(b)
PM-10
				  precursors.
The requirements of Part 9 of OAC 252:100-8 applicable to
				  major stationary sources and major modifications of PM-10 shall also apply to
				  major stationary sources and major modifications of PM-10 precursors, except
				  where the Administrator determines that such sources do not contribute
				  significantly to PM-10 levels that exceed the PM-10 ambient standards in the
				  area.
Added at 26 Ok Reg
					 1146, eff 7-1-09
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 252:100-8-55 - Source obligation

Current through Vol. 41, No. 20, July 1, 2024
(a)
Construction permits required.
An owner or operator shall obtain a
				  construction permit prior to commencing construction of a new major stationary
				  source or major modification.
(b)
Responsibility to comply and the consequences of relaxation of permit
				  conditions.
The requirements in
				  40 CFR
				  51.165(a)(5) regarding the
				  responsibility to comply with applicable local State or Federal law and the
				  consequences of becoming a major source by virtue of a relaxation in any
				  enforcement limitation are hereby incorporated by reference as they exist on
				  July 2, 2007.
(c)
Requirements when using projected actual emissions.
(1) The specific provisions in
				  40 CFR 51.165(a)(6)(i) through
				  (v) (as they exist on July 2, 2007) shall
				  apply to projects at existing emissions units at a major stationary source
				  (other than projects at a source with a PAL) when the owner or operator elects
				  to use the methods specified in the definition of "projected actual emissions"
				  at
				  40 CFR
				  51.165(a)(1)(xxviii)(B)(1) through
				  (3) for calculating projected actual
				  emissions.
(2) The requirements in
				  40 CFR 51.165(a)(6)(i) through
				  (v) are hereby incorporated by reference as
				  they exist on July 2, 2007.
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 252:100-8-56 - Actuals PAL

Current through Vol. 41, No. 20, July 1, 2024
The requirements in
					 40 CFR
					 51.165(f) regarding actuals
					 PAL except for the terminology contained in OAC
					 252:100-8-50.1(b),
					 are hereby incorporated by reference as they exist on July 2,
					 2007.
Added at 23 Ok Reg
					 1699, eff 6-15-06; Amended at 26 Ok Reg 1146, eff
					 7-1-09
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 252:100-8-57 - Severability

Current through Vol. 41, No. 20, July 1, 2024
If any provision of this Part, or the application of such
					 provision to any person or circumstance, is held invalid, the remainder of this
					 Part, or the application of such provision to persons or circumstances other
					 than those as to which it is held invalid, shall not be affected
					 thereby.
Added at 23 Ok Reg
					 1699, eff 6-15-06
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 11 - VISIBILITY PROTECTION STANDARDS › Section 252:100-8-70 - Applicability

Current through Vol. 41, No. 20, July 1, 2024
This Part applies to any BART-eligible source (existing
					 stationary facility as defined in OAC
					 252:100-8-71 ) which
					 may reasonably be anticipated to cause or contribute to visibility impairment
					 at any mandatory Class I Federal area.
Added at 24 Ok Reg
					 297, eff 10-8-06 (emergency); Added at 24 Ok Reg 1274, eff
					 6-15-07
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 11 - VISIBILITY PROTECTION STANDARDS › Section 252:100-8-72 - Incorporation by reference

Current through Vol. 41, No. 20, July 1, 2024
Appendix Y, Guidelines for BART Determinations Under the
					 Regional Haze Rule, of 40 CFR 51 is hereby incorporated by reference as it
					 exists July 6, 2005.
Added at 24 Ok Reg
					 297, eff 10-8-06 (emergency); Added at 24 Ok Reg 1274, eff
					 6-15-07
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 11 - VISIBILITY PROTECTION STANDARDS › Section 252:100-8-73 - BART applicability

Current through Vol. 41, No. 20, July 1, 2024
(a) Each
				  BART-eligible source that emits any air pollutant which may reasonably be
				  anticipated to cause or contribute to visibility impairment in any mandatory
				  Class I Federal area is subject to BART. This shall be determined using the
				  criteria in Section III of Appendix Y of 40 CFR 51 in effect on July 6, 2005.
				  Thresholds for visibility impairment are set forth in OAC 252:100-8-73(a)(1)
				  and (2).
(1) A source that is responsible for
				  an impact of 1.0 deciview or more is considered to cause visibility
				  impairment.
(2) A source that
				  causes an impact greater than 0.5 deciviews contributes to visibility
				  impairment.
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 11 - VISIBILITY PROTECTION STANDARDS › Section 252:100-8-74 - Exemption from BART requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				  owner or operator of any BART-eligible source subject to the requirements of
				  this Part to install, operate, and maintain BART may apply to the Administrator
				  for exemption from that requirement.
(b) Should the owner or operator of a
				  BART-eligible source wish to apply for exemption as provided for in
				  40 CFR
				  51.303, such application must be accompanied
				  by a written concurrence from the Director.
Added at 24 Ok Reg
					 297, eff 10-8-06 (emergency); Added at 24 Ok Reg 1274, eff
					 6-15-07
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 11 - VISIBILITY PROTECTION STANDARDS › Section 252:100-8-75 - Visibility standards for existing stationary facilities

Current through Vol. 41, No. 20, July 1, 2024
(a) The owner or operator of a BART-eligible
				  source that emits any air pollutant which causes or contributes to visibility
				  impairment in any mandatory Class I Federal area shall establish emissions
				  limitations by the application of BART.
(1)
				  The determination of BART must be based on an analysis of the best system of
				  continuous emission control technology available and associated emission
				  reduction achievable for each BART-eligible source that is subject to
				  BART.
(2) After the level of
				  control that represents BART is determined, an emission limit representing this
				  level of control must be established.
(3) BART may be established as design,
				  equipment, work practice, or other operational standards or combination
				  thereof, when limitations on measurement technologies make emission standards
				  infeasible, if such application achieves equivalent results. Such standard, to
				  the degree possible, shall set forth the emission reduction to be achieved and
				  must provide for compliance by means which achieve equivalent
				  results.
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 11 - VISIBILITY PROTECTION STANDARDS › Section 252:100-8-76 - Permit requirements

Current through Vol. 41, No. 20, July 1, 2024
The BART requirements for any BART-eligible source that is
					 subject to BART shall be submitted to the Director in an application for a
					 permit modification pursuant to OAC
					 252:100-8-7.2
					 no later than March 30, 2007.
Added at 24 Ok Reg
					 297, eff 10-8-06 (emergency); Added at 24 Ok Reg 1274, eff
					 6-15-07
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 11 - VISIBILITY PROTECTION STANDARDS › Section 252:100-8-77 - Cap and/or trade program

Current through Vol. 41, No. 20, July 1, 2024
Nothing in this rule precludes the establishment of a cap
					 and/or trade program that will achieve greater reasonable progress than would
					 be achieved through the installation and operation of BART.
Added at 24 Ok Reg
					 297, eff 10-8-06 (emergency); Added at 24 Ok Reg 1274, eff
					 6-15-07
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 11 - VISIBILITY PROTECTION STANDARDS › Section 252:100-8-78 - Modeling

Current through Vol. 41, No. 20, July 1, 2024
All modeling required by this Part shall be performed in
					 accordance with a protocol approved by the Director.
Added at 24 Ok Reg
					 297, eff 10-8-06 (emergency); Added at 24 Ok Reg 1274, eff
					 6-15-07
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 9 - Excess Emission Reporting Requirements › Section 252:100-9-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This subchapter sets forth requirements for the reporting of
				  excess emissions and establishes mitigating factors for facility owners and
				  operators requesting relief in an administrative penalty action brought by the
				  Department for periods of excess emissions.
Added at 11 Ok Reg 977,
				  eff 1-14-94 (emergency); Added at 11 Ok Reg 2031, eff 5-26-94; Amended at 18 Ok
				  Reg 1483, eff 6-1-01; Amended at 26 Ok Reg 1895, eff
				  7-1-09
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 9 - Excess Emission Reporting Requirements › Section 252:100-9-1.1 - Applicability

Current through Vol. 41, No. 20, July 1, 2024
This subchapter applies to the owners and operators of air
				  contaminant sources that are subject to emission limitations in OAC 252:100, an
				  enforceable permit, an administrative order or a judicial order. Fugitive VOC
				  emissions covered by an existing leak detection and repair (LDAR) program that
				  is required by a federal or state regulation should be reported in accordance
				  with the applicable LDAR program.
Added at 26 Ok Reg 1895,
				  eff 7-1-09
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 9 - Excess Emission Reporting Requirements › Section 252:100-9-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this subchapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Bypass"
means intentionally avoiding the use of
				  air pollution control equipment.
"Excess emissions"
means the emission of
				  regulated air pollutants or opacity in excess of an applicable limitation or
				  requirement as specified in the applicable rule(s), enforceable permit,
				  administrative order or judicial order.
"Excess emission episode"
means a continuous
				  period of excess emissions occurring from one emission unit.
"Excess emission event"
means the period of time
				  during which excess emissions occurred, either continuously or intermittently,
				  as a result of the same primary cause. An excess emission event may include one
				  or more excess emission episodes.
"Primary cause"
means the fundamental aspect of
				  the cause that can logically be identified. In the event of a series of causes,
				  one leading to another, the fundamental cause is the primary cause.
"Working day"
means 8:00 a.m. to 4:30 p.m. each
				  day except Saturday, Sunday, or a legal holiday for state employees as
				  proclaimed by the Governor.
Added at 11 Ok Reg 977,
				  eff 1-14-94 (emergency); Added at 11 Ok Reg 2031, eff 5-26-94; Amended at 18 Ok
				  Reg 1483, eff 6-1-01; Amended at 24 Ok Reg 1267, eff 6-15-07; Amended at 26 Ok
				  Reg 1895, eff 7-1-09
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 9 - Excess Emission Reporting Requirements › Section 252:100-9-3 - General reporting requirements [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 11 Ok Reg 977,
				  eff 1-14-94 (emergency); Added at 11 Ok Reg 2031, eff 5-26-94; Revoked at 18 Ok
				  Reg 1483, eff 6-1-01
AGENCY NOTE: See OAC
				  252:100-9-3.1 and 100-9-3.3.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 9 - Excess Emission Reporting Requirements › Section 252:100-9-3.1 - Excess emission reporting requirements [AMENDED AND RENUMBERED TO 252:100-9-7]

Current through Vol. 41, No. 20, July 1, 2024
Added at 18 Ok Reg 1483,
				  eff 6-1-01; Amended and renumbered to 252:100-9-7 at 26 Ok Reg 1895, eff
				  7-1-09
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 9 - Excess Emission Reporting Requirements › Section 252:100-9-3.3 - Demonstration of cause [AMENDED AND RENUMBERED TO 252:100-9-8]

Current through Vol. 41, No. 20, July 1, 2024
Added at 18 Ok Reg 1483,
				  eff 6-1-01; Amended and renumbered to 200:100-9-8 at 26 Ok Reg 1895, eff
				  7-1-09
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 9 - Excess Emission Reporting Requirements › Section 252:100-9-4 - Maintenance procedures [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 11 Ok Reg 977,
				  eff 1-14-94 (emergency); Added at 11 Ok Reg 2031, eff 5-26-94; Revoked at 18 Ok
				  Reg 1483, eff 6-1-01
AGENCY NOTE: See OAC
				  252:100-9-3.3.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 9 - Excess Emission Reporting Requirements › Section 252:100-9-5 - Malfunctions and releases [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 11 Ok Reg 977,
				  eff 1-14-94 (emergency); Added at 11 Ok Reg 2031, eff 5-26-94; Revoked at 18 Ok
				  Reg 1483, eff 6-1-01
AGENCY NOTE: See OAC
				  252:100-9-3.3.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 9 - Excess Emission Reporting Requirements › Section 252:100-9-6 - Excesses resulting from engineering limitations [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 11 Ok Reg 977,
				  eff 1-14-94 (emergency); Added at 11 Ok Reg 2031, eff 5-26-94; Revoked at 18 Ok
				  Reg 1483, eff 6-1-01
AGENCY NOTE: See OAC
				  252:100-9-3.3.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 9 - Excess Emission Reporting Requirements › Section 252:100-9-7 - Excess emission reporting requirements

Current through Vol. 41, No. 20, July 1, 2024
(a)
Immediate notice.
Except as
				provided in OAC 252:100-9-7(a)(1), the owner or operator of a source of excess
				emissions shall notify the Director as soon as possible but no later than 4:30
				p.m. the following working day of the first occurrence of excess emissions in
				each excess emission event. Notification may be made by telephone
				(1-877-277-6236), by email (excessemissions@deq.ok.gov), by web
				(http://www.deq.state.ok.us/excessemissions) or by other method as approved in
				writing by the Director prior to the excess emission event.
(1) Immediate notification shall not be
				required for:
(A) excess emission events with
				a primary cause of startup or shutdown as defined in OAC
				252:100-1-3;
				or
(B) excess emissions that do not
				exceed ten percent (10%) opacity above the applicable opacity limit or
				standard; or
(C) excess emissions
				that do not exceed ten percent (10%) of the applicable non-opacity emission
				limit or standard and are less than two hundred (200) pounds of the relevant
				regulated pollutant during any twenty-four (24) hour period.