reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 47 - Control of Emissions from Existing Municipal Solid Waste Landfills › Section 252:100-47-2 - Reference to 40 CFR

Current through Vol. 41, No. 20, July 1, 2024
When a provision of Title 40 of the Code of Federal
				  Regulations (40 CFR) is incorporated by reference in OAC 252:100-2 and Appendix
				  Q of Chapter 100, all citations contained therein are also incorporated by
				  reference.
Added at 16 Ok Reg 220,
				  eff 11-2-98 (emergency); Added at 16 Ok Reg 1378, eff
				  6-1-99
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 47 - Control of Emissions from Existing Municipal Solid Waste Landfills › Section 252:100-47-3 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
(a) This Subchapter uses applicable
				definitions in
				40
				CFR 60.41f, except as provided in (b) of this
				Section.
(b) The following words
				and terms when used in this Subchapter, shall have the following meaning,
				unless the context clearly indicates otherwise:
(1)
"Existing municipal solid waste
				landfill"
or
"existing MSW landfill"
means a municipal
				solid waste landfill that commenced construction, modification, or
				reconstruction on or before July 17, 2014 and accepted waste since November 8,
				1987.
(2)
"Legacy controlled
				landfill"
means any MSW landfill subject to this Subchapter that
				submitted a gas collection and control system (GCCS) design plan prior to May
				21, 2021 in compliance with 40 CFR Part 60 , Subpart WWW, or Oklahoma's State
				Plan implementing 40 CFR Part 60, Subpart Cc, depending on which regulation was
				applicable to the landfill. This definition applies to those landfills that
				completed construction and began operations of the GCCS and those that are
				within the 30 month timeline for installation and start-up of a GCCS according
				to 40 CFR Part 60, Subpart WWW or Oklahoma's State Plan implementing 40 CFR
				Part 60, Subpart Cc.
(3)
"State Plan"
means a program that the State is responsible for
				developing and implementing to achieve compliance with the emission guidelines
				in Subpart Cc or Cf of 40 CFR Part 60.Oklahoma's State Plan implementing 40 CFR
				Part 60, Subpart Cc, will be superseded by the State Plan implementing 40 CFR
				Part 60, Subpart Cf, upon EPA approval of said plan.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 47 - Control of Emissions from Existing Municipal Solid Waste Landfills › Section 252:100-47-4 - Terminology related to 40 CFR

Current through Vol. 41, No. 20, July 1, 2024
For purposes of interfacing with 40 CFR, the following terms
				  apply:
(1)
"Administrator"
is synonymous with Executive Director.
(2)
"EPA"
is synonymous with the
				Department of Environmental Quality or DEQ.
(3)
"State, local, or tribal
				agency"
is synonymous with the DEQ.
Added at 16 Ok Reg 220,
				  eff 11-2-98 (emergency); Added at 16 Ok Reg 1378, eff
				  6-1-99
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 47 - Control of Emissions from Existing Municipal Solid Waste Landfills › Section 252:100-47-5 - General provisions

Current through Vol. 41, No. 20, July 1, 2024
(a)
Applicability.
Except as provided in paragraphs (1) through (3) of
				this subsection, the provisions of this Subchapter are applicable to all
				existing MSW landfills in the State of Oklahoma. This Subchapter is also an
				applicable requirement for existing MSW landfill sites on the National
				Priorities List in Appendix B of 40 CFR Part 300 .
(1) Physical or operational changes made to
				an existing MSW landfill solely to comply with this Subchapter are not
				considered a modification or reconstruction and would not subject an existing
				MSW landfill to the requirements of 40 CFR Part 60 , Subparts WWW (Standards of
				Performance for Municipal Solid Waste Landfills That Commenced Construction,
				Reconstruction, or Modification on or After May 30, 1991, but Before July 18,
				2014) or XXX (Standards of Performance for Municipal Solid Waste Landfills That
				Commenced Construction, Reconstruction, or Modification After July 17,
				2014).
(2) Remedial activities
				required by or conducted pursuant to state or federal law are not considered
				construction, reconstruction, or modification for the purposes of this
				Subchapter.
(3) If the landfill's
				design capacity increases as the result of a modification that was commenced
				after July 17, 2014, then the landfill becomes subject to 40 CFR Part 60 ,
				Subpart XXX. If the design capacity increase is the result of a change in
				operating practices, density, or some other change that is not a modification,
				then the landfill remains subject to this Subchapter.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 47 - Control of Emissions from Existing Municipal Solid Waste Landfills › Section 252:100-47-6 - Permits required and compliance schedules

Current through Vol. 41, No. 20, July 1, 2024
(a)
Part 70 operating permits.
(1) The owner or operator of an existing MSW
				landfill with a design capacity less than 2.5 million megagrams or 2.5 million
				cubic meters is not required to obtain a Part 70 permit for the landfill,
				unless the landfill is otherwise a Part 70 source.
(2) The owner or operator of an existing MSW
				landfill with a design capacity greater than or equal to 2.5 million megagrams
				and 2.5 million cubic meters, that is not otherwise a Part 70 source, is
				subject to OAC 252:100-8 as a Part 70 source.
(3) When an existing MSW landfill is closed,
				the owner or operator is no longer subject to the requirement to maintain a
				Part 70 permit for the landfill if the landfill is not otherwise subject to the
				requirements of OAC 252:100-8 and if either of the following conditions is met:
(A) The landfill was never subject to the
				requirement for a control system under OAC
				252:100-47-7.
(B) The owner or operator meets the
				conditions for control system removal specified in OAC
				252:100-47-7.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 47 - Control of Emissions from Existing Municipal Solid Waste Landfills › Section 252:100-47-7 - Emission standards

Current through Vol. 41, No. 20, July 1, 2024
(a) Each owner or
				operator of an existing MSW landfill meeting the conditions set forth in
				40
				CFR 60.33f(a) paragraphs (1)
				through (4) shall comply with the collection system and control system
				provisions specified in
				40
				CFR 60.33f(b) and
				60.33f(c).
(1) Legacy controlled landfills or landfills
				in the closed landfill subcategory must install and start up a gas collection
				and control system within 30 months after the first annual report in which the
				NMOC emission rate equals or exceeds 50 megagrams per year, submitted under
				previously applicable regulations 40 CFR Part 60 , Subpart WWW, or Oklahoma's
				State Plan implementing 40 CFR Part 60, Subpart Cc.
(2) Legacy controlled landfills or landfills
				in the closed landfill subcategory that have already installed control systems
				and completed initial or subsequent performance tests may comply with this
				Subchapter using the initial or most recent performance test conducted to
				comply with 40 CFR Part 60, Subpart WWW, or Oklahoma's State Plan implementing
				40 CFR Part 60, Subpart Cc.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 47 - Control of Emissions from Existing Municipal Solid Waste Landfills › Section 252:100-47-8 - Operational standards for collection and control systems

Current through Vol. 41, No. 20, July 1, 2024
Each owner or operator of an existing MSW landfill with a gas
				  collection and control system shall comply with all provisions specified in
				  40 CFR
				  60.34f(a) through (g) or the
				  operational standards in 40 CFR 63.1958. Once the owner or operator begins to
				  comply with the provisions in 40 CFR 63.1958, they must continue to operate the
				  collection and control system according to those provisions and cannot return
				  to the provisions of
				  40 CFR
				  60.34f.
Added at 16 Ok Reg 220,
				  eff 11-2-98 (emergency); Added at 16 Ok Reg 1378, eff 6-1-99; Amended at 17 Ok
				  Reg 882, eff 1-5-00 (emergency); Amended at 17 Ok Reg 1129, eff 6-1-00; Amended
				  at 19 Ok Reg 41, eff 8-17-01 (emergency); Amended at 19 Ok Reg 1022, eff
				  6-1-02; Amended at 20 Ok Reg 1147, eff 6-1-03
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 47 - Control of Emissions from Existing Municipal Solid Waste Landfills › Section 252:100-47-9 - Test methods and procedures

Current through Vol. 41, No. 20, July 1, 2024
Each owner or operator of an existing MSW landfill shall
				  comply with all provisions specified in
				  40 CFR 60.35f(a)
				  through (e).
Added at 16 Ok Reg 220,
				  eff 11-2-98 (emergency); Added at 16 Ok Reg 1378, eff 6-1-99; Amended at 17 Ok
				  Reg 882, eff 1-5-00 (emergency); Amended at 17 Ok Reg 1129, eff 6-1-00; Amended
				  at 19 Ok Reg 41, eff 8-17-01 (emergency); Amended at 19 Ok Reg 1022, eff
				  6-1-02; Amended at 20 Ok Reg 1147, eff 6-1-03
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 47 - Control of Emissions from Existing Municipal Solid Waste Landfills › Section 252:100-47-10 - Compliance provisions

Current through Vol. 41, No. 20, July 1, 2024
Each owner or operator of an existing MSW landfill shall
				  comply with all provisions specified in
				  40 CFR 60.36f(a) through
				  (e) or the compliance provisions in
				  40 CFR
				  63.1960. Once the owner or operator begins to
				  comply with the provisions in
				  40 CFR
				  63.1960, they must continue to operate the
				  collection and control system according to those provisions and cannot return
				  to the provisions of
				  40 CFR
				  60.36f.
Added at 16 Ok Reg 220,
				  eff 11-2-98 (emergency); Added at 16 Ok Reg 1378, eff 6-1-99; Amended at 17 Ok
				  Reg 882, eff 1-5-00 (emergency); Amended at 17 Ok Reg 1129, eff 6-1-00; Amended
				  at 19 Ok Reg 41, eff 8-17-01 (emergency); Amended at 19 Ok Reg 1022, eff
				  6-1-02; Amended at 20 Ok Reg 1147, eff 6-1-03
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 47 - Control of Emissions from Existing Municipal Solid Waste Landfills › Section 252:100-47-11 - Monitoring of operations

Current through Vol. 41, No. 20, July 1, 2024
Each owner or operator of an existing MSW landfill shall
				  comply with all provisions specified in
				  40 CFR 60.37f(a) through
				  (h) or the monitoring provisions in 40 CFR
				  63.1961. Once the owner or operator begins to comply with the provisions in 40
				  CFR 63.1961, they must continue to operate the collection and control system
				  according to those provisions and cannot return to the provisions of
				  40 CFR
				  60.37f.
Added at 16 Ok Reg 220,
				  eff 11-2-98 (emergency); Added at 16 Ok Reg 1378, eff 6-1-99; Amended at 17 Ok
				  Reg 882, eff 1-5-00 (emergency); Amended at 17 Ok Reg 1129, eff 6-1-00; Amended
				  at 19 Ok Reg 41, eff 8-17-01 (emergency); Amended at 19 Ok Reg 1022, eff
				  6-1-02; Amended at 20 Ok Reg 1147, eff 6-1-03
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 47 - Control of Emissions from Existing Municipal Solid Waste Landfills › Section 252:100-47-12 - Reporting requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) Each owner
				or operator of an existing MSW landfill shall comply with all reporting
				provisions specified in
				40 CFR 60.38f(a) through
				(n), except 60.38f(d)(2).
(b) When an MSW landfill subject to this
				Subchapter is in the closed landfill subcategory, the owner or operator is not
				subject to the following reports of this Subchapter, provided the owner or
				operator submitted these reports under the provisions of 40 CFR Part 60 ,
				Subpart WWW, or under this Subchapter on or before July 17, 2014:
(1) Initial design capacity report specified
				in
				40 CFR
				60.38f(a).
(2) Initial or subsequent NMOC emission rate
				report specified in
				40 CFR
				60.38f(c), provided that the
				most recent NMOC emission rate report indicated the NMOC emissions were below
				50 megagrams per year.
(3)
				Collection and control system design plan specified in
				40 CFR
				60.38f(d).
(4) Closure report specified in
				40 CFR
				60.38f(f).
(5) Equipment removal report specified in
				40 CFR
				60.38f(g).
(6) Initial annual report specified in
				40 CFR
				60.38f(h).
(7) Initial performance test report in 40 CFR
				60.38(i).
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 47 - Control of Emissions from Existing Municipal Solid Waste Landfills › Section 252:100-47-13 - Recordkeeping requirements

Current through Vol. 41, No. 20, July 1, 2024
Each owner or operator of an existing MSW landfill shall
				  comply with all provisions specified in
				  40 CFR 60.39f(a) through
				  (j).
Added at 16 Ok Reg 220,
				  eff 11-2-98 (emergency); Added at 16 Ok Reg 1378, eff 6-1-99; Amended at 17 Ok
				  Reg 882, eff 1-5-00 (emergency); Amended at 17 Ok Reg 1129, eff 6-1-00; Amended
				  at 19 Ok Reg 41, eff 8-17-01 (emergency); Amended at 19 Ok Reg 1022, eff
				  6-1-02; Amended at 20 Ok Reg 1147, eff 6-1-03
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 47 - Control of Emissions from Existing Municipal Solid Waste Landfills › Section 252:100-47-14 - Specifications for active collection systems

Current through Vol. 41, No. 20, July 1, 2024
Each owner or operator of an existing MSW landfill shall
				  comply with all provisions specified in
				  40 CFR
				  60.40f(a) through (c)
Added at 16 Ok Reg 220,
				  eff 11-2-98 (emergency); Added at 16 Ok Reg 1378, eff 6-1-99; Amended at 17 Ok
				  Reg 882, eff 1-5-00 (emergency); Amended at 17 Ok Reg 1129, eff 6-1-00; Amended
				  at 19 Ok Reg 41, eff 8-17-01 (emergency); Amended at 19 Ok Reg 1022, eff
				  6-1-02; Amended at 20 Ok Reg 1147, eff 6-1-03
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 49 - Oklahoma Emission Reduction Technology Rebate Program › Section 252:100-49-1 - Purpose and applicability

Current through Vol. 41, No. 20, July 1, 2024
(a) The purpose of
				this Subchapter is to implement applicable provisions of the Oklahoma Emission
				Reduction Technology Incentive Act, 68 O.S. § 55006,
et
				seq
. The act created the "Oklahoma Emission Reduction Technology
				Rebate Program," administered by the Department of Environmental Quality and
				the Oklahoma Tax Commission, to provide a rebate of up to 25% of expenditures
				for implementation of a qualified "Emission Reduction Project." The program is
				intended to encourage implementation of new and innovative technologies for
				reduction of emissions from oil and gas activities, specifically those listed
				in subsection (b).
(b) This program
				applies only to emissions from upstream and midstream oil and gas production,
				exploration, completions, gatherings, storage, processing, and transmission
				activities. Activities in the following SIC codes are generally considered to
				qualify within the scope of eligibility for this program: 1311, 1321, 1381,
				4612, 4613, 4922, 4923, 4924, and 4925. DEQ may determine whether an activity
				identified by a particular NAICS code would qualify under an equivalent SIC
				code.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 49 - Oklahoma Emission Reduction Technology Rebate Program › Section 252:100-49-3 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Subchapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise:
"Act"
means the Oklahoma Emission Reduction
				  Technology Incentive Act, 68 O.S. § 55006,
et seq
"Commission"
or
"OTC"
means the
				  Oklahoma Tax Commission or its successor entity.
"Department"
or
"DEQ"
means the
				  Oklahoma Department of Environmental Quality.
"Emission Reduction Project"
means an "Emission
				  Reduction Project" as defined in 68 O.S. § 55008, but does not include
				  projects that are required to address an enforcement action or undertaken as a
				  supplemental environmental project to offset an enforcement penalty.
"Rebate claim"
means the package submitted to
				  DEQ documenting all criteria for a rebate has been met. Upon approval by DEQ,
				  the package is forwarded to OTC as the formal request for OTC to issue a rebate
				  under the Rebate Program.
"Rebate Program"
or
"OERTRP"
means
				  the Oklahoma Emission Reduction Technology Rebate Program, 68 O.S. §
				  55009,
et seq
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 49 - Oklahoma Emission Reduction Technology Rebate Program › Section 252:100-49-5 - Program criteria and qualification determination

Current through Vol. 41, No. 20, July 1, 2024
(a)
Applying
				for rebate eligibility.
An applicant responsible for the implementation
				of a qualified Emission Reduction Project may submit a rebate claim to DEQ for
				review and determination whether the project qualifies under the program.
(1) The rebate claim shall be submitted on
				forms provided for this purpose, or as otherwise specified by DEQ.
(2) The rebate claim shall be submitted to
				DEQ no later than six (6) months after the end of the fiscal year in which the
				expenditures were made. The fiscal year ends on June 30 each year.
(3) Project documentation shall include:
(A) a project description that provides
				information in sufficient detail to determine that it qualifies as an Emission
				Reduction Project as defined in 68 O.S. § 55008;
(B) an estimation of actual resulting
				emission reductions;
(C) a
				statement that the project has been designed, installed, and operated as
				described in the claim and in accordance with good engineering practices and
				the requirements of this Chapter, and that implementation of the project is
				complete; and
(D) an itemization of
				expenses, with invoices, for all equipment installed to implement the
				project.
(4) Project
				documentation shall state the amount of expenditures made in this state
				directly related to the implementation of the qualified Emission Reduction
				Project.
(5) The applicant shall
				certify that the project is not required to address an enforcement actionor
				undertaken as a supplemental environmental project to offset an enforcement
				penalty.
(6) The applicant shall
				provide a certification from OTC that it has filed all Oklahoma tax returns and
				tax documents which are required by the laws of this state.
(7) The applicant shall provide evidence of a
				certificate of general liability insurance with a minimum coverage of One
				Million Dollars ($1,000,000.00) and a workers' compensation policy pursuant to
				the laws of this state which shall include coverage of employer's
				liability.
(8) The rebate claim
				shall include certification, signed by a responsible official, attesting to the
				truth, accuracy, and completeness of the claim. This certification shall
				contain the following language: "I certify that, based on information and
				belief formed after reasonable inquiry, the statements and information in the
				document are true, accurate, and complete."
(9) The applicant will be assessed a one-time
				fee of $1,000 that must accompany the rebate claim. A rebate claim without the
				appropriate fee is incomplete.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Subchapter 49 - Oklahoma Emission Reduction Technology Rebate Program › Section 252:100-49-7 - Sunset provision

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter shall cease to be in effect if and when the
				  Oklahoma Emission Reduction Technology Rebate Program ceases on July 1, 2027,
				  or as otherwise stipulated in 68 O.S. § 55012 or its
				  successor.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Appendix A - Allowable Particulate Matter Emission Rate for Incinerators

Current through Vol. 41, No. 20, July 1, 2024
Figure
				1
Added at 11 Ok Reg 977,
				eff 1-14-94 (emergency) ; Added at 11 Ok Reg 2031, eff 5-26-94; Revoked and
				reenacted at 15 Ok Reg 2591, eff 6-25-98; Revoked and reenacted at 27 Ok Reg
				2134, eff 7-11-10; Revoked and reenacted at 28 Ok Reg 1204, eff
				7-1-11
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Appendix C - Allowable Particulate Matter Emission Rates for Indirectly Fired Fuel-Burning Units

Current through Vol. 41, No. 20, July 1, 2024
Figure
				1
Added at 11 Ok Reg 977,
				eff 1-14-94 (emergency) ; Added at 11 Ok Reg 2031, eff 5-26-94; Revoked and
				reenacted at 17 Ok Reg 1120, eff 6-1-00; Revoked and reenacted at 26 Ok Reg
				1172, eff 7-1-09
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Appendix D - Allowable Particulate Matter Emission Rates for Indirectly Fired Wood Fuel-Burning Units

Current through Vol. 41, No. 20, July 1, 2024
Figure
				1
Added at 11 Ok Reg 977,
				eff 1-14-94 (emergency) ; Added at 11 Ok Reg 2031, eff 5-26-94; Revoked and
				reenacted at 17 Ok Reg 1120, eff 6-1-00; Revoked and reenacted at 26 Ok Reg
				1172, eff 7-1-09
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Appendix E - Primary Ambient Air Quality Standards

Current through Vol. 41, No. 20, July 1, 2024
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Added at 11 Ok Reg 977,
				eff 1-14-94 (emergency) ; Added at 11 Ok Reg 2031, eff 5-26-94; Revoked and
				reenacted at 16 Ok Reg 1381, eff 6-1-99; Revoked and reenacted at 17 Ok Reg
				1471, eff 4-10-00 (emergency) ; Revoked and reenacted at 17 Ok Reg 1892, eff
				6-12-00; Revoked and reenacted at 21 Ok Reg 1032, eff 6-1-04; Revoked and
				reenacted at 22 Ok Reg 1449, eff 6-15-05; Revoked and reenacted at 23 Ok Reg
				928, eff 6-15-06; Revoked and reenacted at 25 Ok Reg 1116, eff 7-1-08; Revoked
				and reenacted at 26 Ok Reg 1177, eff 7-1-09; Revoked and reenacted at 27 Ok Reg
				1166, eff 7-1-10; Revoked and reenacted at 28 Ok Reg 1206, eff
				7-1-11
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Appendix F - Equations for Implementation of Numerical Criteria for Toxic Substances to Protect the Fish and Wildlife Propagation Beneficial Use

Current through Vol. 41, No. 20, July 1, 2024
Figure 1
Figure 2
Figure
				3
Added at 11 Ok Reg 977,
				eff 1-14-94 (emergency) ; Added at 11 Ok Reg 2031, eff 5-26-94; Revoked and
				reenacted at 16 Ok Reg 1381, eff 6-1-99; Revoked and reenacted at 17 Ok Reg
				1471, eff 4-10-00 (emergency) ; Revoked and reenacted at 17 Ok Reg 1892, eff
				6-12-00; Revoked and reenacted at 21 Ok Reg 1032, eff 6-1-04; Revoked and
				reenacted at 22 Ok Reg 1449, eff 6-15-05; Revoked and reenacted at 23 Ok Reg
				923, eff 6-15-06; Revoked and reenacted at 25 Ok Reg 1116, eff 7-1-08; Revoked
				and reenacted at 26 Ok Reg 1177, eff 7-1-09; Revoked and reenacted at 27 Ok Reg
				1166, eff 7-1-10
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Appendix G - Allowable Particulate Matter Emission Rates for Directly Fired Fuel-Burning Units and Industrial Process

Current through Vol. 41, No. 20, July 1, 2024
Figure
				1
Added at 11 Ok Reg 977,
				eff 1-14-94 (emergency) ; Added at 11 Ok Reg 2031, eff 5-26-94; Revoked and
				reenacted at 26 Ok Reg 1172, eff 7-1-09
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Appendix H - De Minimis Facilities

Current through Vol. 41, No. 20, July 1, 2024
Figure
				1
Figure
				2
Figure
				3
Figure
				4
Figure
				5
Figure
				6
Added at 15 Ok Reg 2590,
				eff 6-25-98
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Appendix J - Trivial Activities (De Minimis) List

Current through Vol. 41, No. 20, July 1, 2024
Figure
				1
Figure
				2
Figure
				3
Figure
				4
Figure
				5
Figure
				6
Added at 15 Ok Reg 2590,
				eff 6-25-98
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Appendix M - Emission Limits for Hospital/Medical/Infectious Waste Incinerators (HMIWI)

Current through Vol. 41, No. 20, July 1, 2024
Figure
				1
Added at 17 Ok Reg 375,
				eff 10-19-99 (emergency) ; Added at 17 Ok Reg 1114, eff
				6-1-00
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Appendix N - Specialty Coatings Voc Content Limits

Current through Vol. 41, No. 20, July 1, 2024
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Added at 19 Ok Reg 2883,
				eff 7-22-02 (emergency) ; Added at 20 Ok Reg 1137, eff
				6-1-03
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Appendix O - Toxic Air Contaminants (TAC) Maximum Acceptable Ambient Concentrations (MAAC)

Current through Vol. 41, No. 20, July 1, 2024
Figure
				1
Added at 23 Ok Reg 17, eff
				8-11-05 (emergency) ; Added at 23 Ok Reg 923, eff
				6-15-06
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 100 - Water Quality Standards Implementation › Appendix Q - Incorporation by Reference

Current through Vol. 41, No. 20, July 1, 2024
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Added at 24 Ok Reg 1246, eff 6-15-07; Revoked and reenacted
				  at 25 Ok Reg 1119, eff 7-1-08; Revoked and reenacted at 26 Ok Reg 1180, eff
				  7-1-09; Revoked and reenacted at 27 Ok Reg 2138, eff 7-11-10; Revoked and
				  reenacted at 29 Ok Reg 589, eff 7-1-12; Revoked and reenacted at 29 Ok Reg 589,
				  eff 7-1-12; Amended at 30 Ok Reg 1059, eff
				  7-1-13
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 110 - Lead-Based Paint Management › Subchapter 1 - General Provisions › Section 252:110-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules in this Chapter implement the Oklahoma Lead-based
				  Paint Management Act, 27A O.S.,§ 2-12-101
et seq
., as
				  amended.
Added at 14 Ok Reg 3663,
				  eff 7-30-97 (emergency); Added at 15 Ok Reg 1927, eff 6-1-98; Amended at 29 Ok
				  Reg 1001, eff 7-1-12
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 110 - Lead-Based Paint Management › Subchapter 1 - General Provisions › Section 252:110-1-2 - Basis and authority

Current through Vol. 41, No. 20, July 1, 2024
The rules in this Chapter were promulgated and adopted
				  pursuant to the Oklahoma Environmental Quality Code, 27A O.S., § 2-1-101
et seq
., as amended.
Added at 14 Ok Reg 3663,
				  eff 7-30-97 (emergency); Added at 15 Ok Reg 1927, eff 6-1-98; Amended at 29 Ok
				  Reg 1001, eff 7-1-12
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 110 - Lead-Based Paint Management › Subchapter 1 - General Provisions › Section 252:110-1-3 - Scope and applicability

Current through Vol. 41, No. 20, July 1, 2024
This Chapter applies to all individuals and firms who are
				  engaged in lead-based paint services in target housing and child-occupied
				  facilities, except persons who perform these services within residential
				  dwellings that they own, unless the residential dwelling is occupied by a
				  person or persons other than the owner or the owner's immediate family while
				  these services are being performed, or a child residing in the building has
				  been identified as having an elevated blood lead level. This Chapter contains
				  procedures and requirements for the accreditation of lead-based paint services
				  training programs, procedures and requirements for the certification of
				  individual and firms engaged in lead-based paint services, and work practice
				  standards for performing such services.
Added at 14 Ok Reg 3663,
				  eff 7-30-97 (emergency); Added at 15 Ok Reg 1927, eff
				  6-1-98
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 110 - Lead-Based Paint Management › Subchapter 1 - General Provisions › Section 252:110-1-4 - Terms

Current through Vol. 41, No. 20, July 1, 2024
Terms used in this Chapter shall have the meanings given them
				  in Subchapter 3 of this Chapter unless the context clearly indicates otherwise.
				  Any technical term not defined in the Oklahoma Environmental Quality Code, the
				  Oklahoma Lead-based Paint Management Act or by this Chapter shall be defined by
				  its generally accepted scientific meaning or its standard dictionary
				  meaning.
Added at 14 Ok Reg 3663,
				  eff 7-30-97 (emergency); Added at 15 Ok Reg 1927, eff
				  6-1-98
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 110 - Lead-Based Paint Management › Subchapter 1 - General Provisions › Section 252:110-1-5 - Consideration of other laws

Current through Vol. 41, No. 20, July 1, 2024
Compliance with the requirements of the Oklahoma
				  Environmental Quality Code, the Oklahoma Lead-based Paint Management Act and
				  this Chapter shall not preclude compliance with any other applicable local,
				  state and federal regulations, rules, laws, or other
				  requirements.
Added at 14 Ok Reg 3663,
				  eff 7-30-97 (emergency); Added at 15 Ok Reg 1927, eff
				  6-1-98
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 110 - Lead-Based Paint Management › Subchapter 1 - General Provisions › Section 252:110-1-6 - Severability

Current through Vol. 41, No. 20, July 1, 2024
The provisions of this Chapter are severable, and if any part
				  or provision hereof shall be held void, the decision of the court so holding
				  shall not affect or impair any of the remaining parts or provisions of this
				  Chapter.
Added at 14 Ok Reg 3663,
				  eff 7-30-97 (emergency); Added at 15 Ok Reg 1927, eff
				  6-1-98
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 110 - Lead-Based Paint Management › Subchapter 1 - General Provisions › Section 252:110-1-7 - Reference to 40 CFR [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 14 Ok Reg 3663,
				  eff 7-30-97 (emergency); Added at 15 Ok Reg 1927, eff 6-1-98; Amended at 19 Ok
				  Reg 43, eff 8-17-01 (emergency); Amended at 19 Ok Reg 1024, eff 6-1-02; Amended
				  at 22 Ok Reg 1122, eff 6-15-05; Revoked at 29 Ok Reg 1001, eff
				  7-1-12
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 110 - Lead-Based Paint Management › Subchapter 3 - Definitions › Section 252:110-3-1 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
In addition to the definitions contained in OAC
				  252:110-5-1(1)
				  and the Oklahoma Lead-based Paint Management Act, 27A O.S., Sec. 2-12-101
et seq
., the following words and terms, when used in this
				  Chapter shall have the following meaning, unless otherwise indicated.
"Act"
means the Oklahoma Lead-based Paint
				  Management Act, 27A O.S., § 2-12-101
et seq.,
and
				  subsequent amendments.
"Authorization"
means a certification,
				  accreditation or approval granted by the Department.
"Business day"
means Monday through Friday, 8:00
				  a.m. to 4:30 p.m., with the exception of State holidays.
"Exam"
means a third party test, administered by
				  the Department when required for LBP certification.
"Hazard evaluator"
[See
"
Lead-based Paint hazard evaluator
"
, 27A O.S.
				  § 2-12-102(17).] For the purposes of this chapter, the term "hazard
				  evaluator" is synonymous with the term "risk assessor."
"HUD procedures"
means the Housing and Urban
				  Development's
Guidelines for the Evaluation and Control of Lead-based
				  Paint Hazards in Housing
(2012 Edition).
"Instructor"
means any person who receives
				  compensation from an accredited LBP training program for teaching all or a
				  portion of a LBP training course.
"LBP"
means Lead-based Paint.
"LBP Contractor"
means an individual or firm
				  certified by the Department as an inspector, risk assessor, abatement worker,
				  project designer, supervisor, or firm.
"OAC"
means the Oklahoma Administrative
				  Code.
"Quality assurance plan"
means a written
				  description of quality assurance activities that will ensure the generation of
				  data that are scientifically valid, defensible and of known and acceptable
				  limits of precision and accuracy.
"Training provider"
means any organization or
				  entity accredited under OAC 252:110, Lead-based Paint Management.
"XRF instrument"
or
"x-ray fluorescence
				  spectroscopy instrument"
means an instrument using radiation from a
				  source to stimulate radiation emission which can be analyzed to determine the
				  presence of certain substances, including lead.
Added at 14 Ok Reg 3663,
				  eff 7-30-97 (emergency); Added at 15 Ok Reg 1927, eff 6-1-98; Amended at 19 Ok
				  Reg 43, eff 8-17-01 (emergency); Amended at 19 Ok Reg 1024, eff 6-1-02; Amended
				  at 22 Ok Reg 1122, eff 6-15-05
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 110 - Lead-Based Paint Management › Subchapter 3 - Definitions › Section 252:110-3-2 - Terminology related to 40 CFR

Current through Vol. 41, No. 20, July 1, 2024
For purposes of interfacing with 40 CFR, the following terms
				  apply:
(1)
"Administrator"
is synonymous with Executive Director;
(2)
"EPA"
is synonymous with the
				Oklahoma Department of Environmental Quality.
Added at 14 Ok Reg 3663,
				  eff 7-30-97 (emergency); Added at 15 Ok Reg 1927, eff
				  6-1-98
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 110 - Lead-Based Paint Management › Subchapter 5 - Incorporation by Reference › Section 252:110-5-1 - Incorporation by reference

Current through Vol. 41, No. 20, July 1, 2024
The following Sections of 40 CFR Part 745, as they exist on
				  January 6, 2020, are, unless otherwise specified, incorporated by reference in
				  their entirety:
(1) Section 745.223.
				Definitions, except the definitions of "Business day, " "Interim
				certification," and "Training provider. "
(2) Section 745.225. Accreditation of
				training programs: target housing and child-occupied facilities, except for the
				following, which are excluded :
(A) Section
				745.225(a)(2), which refers to application dates.
(B) Section 745.225(a)(3), which refers to
				accreditation deadlines.
(C)
				Section 745.225(b)(3), which refers to accredited training courses.
(D) Section 745.225(c)(8)(iv), which refers
				to interim certification.
(E)
				Section 745.225(c)(13)(vi), which refers to course notification means of
				submittal.
(F) Section
				745.225(c)(14)(iii), which refers to course notification means of submittal.
(G) Section 745.225(e)(5), which
				refers to training programs offering only refresher training courses.
(H) Section 745.225(f)(1), which refers to
				timelines for renewal accreditation of training programs.
(I) Section 745.225(f)(2), which refers to
				renewal accreditation deadlines.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 110 - Lead-Based Paint Management › Subchapter 7 - General Requirements of Authorizations › Section 252:110-7-1 - Scope

Current through Vol. 41, No. 20, July 1, 2024
(a)
No LBP service required.
Nothing in the Act or this Chapter requires any property owner to inspect,
				evaluate, test for LBP, or reduce or abate LBP or LBP hazards at his
				property.
(b)
Accreditation.
252:110-5-1(2)
				and Subchapter 9 establish requirements for the accreditation of LBP training
				programs.
(c)
Certifications.
252:110-5-1(3)
				and Subchapter 11 establish requirements for the certification of LBP
				contractors in the disciplines of inspector, risk assessor, abatement worker,
				project designer, supervisor and firm.
(d)
Standards.
252:110-5-1(4) and
				(5) and Subchapter 13 set minimum standards
				for the performance of LBP services. Certified LBP contractors shall follow
				these standards when performing LBP services. Nothing in this Chapter prevents
				any facility owner who causes LBP services to be performed at his property from
				requiring that the services be performed according to the standards of
				Subchapter 13.
Added at 14 Ok Reg 3663,
				  eff 7-30-97 (emergency); Added at 15 Ok Reg 1927, eff
				  6-1-98
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 110 - Lead-Based Paint Management › Subchapter 7 - General Requirements of Authorizations › Section 252:110-7-2 - Applicable dates

Current through Vol. 41, No. 20, July 1, 2024
(a)
Effective
				date of this Chapter.
This Chapter shall become effective upon final
				rule adoption.
(b)
Certification timelines.
The following sets forth the applicable
				dates for certification:
(1)
Initial
				certificate period.
Date of issuance through the following March
				31.
(2)
Annual certificate
				renewal year.
April 1 through March 31.
(3)
Date on and after which persons and
				firms must be certified prior to performing LBP services.
November 1,
				1996.
(4)
Annual period when
				regular renewal applications can be filed.
January 15 until March
				31.
(5)
Annual period when
				late renewal applications will be accepted (without payment of late
				fee).
April 1 until April 30.
(6)
Waiting period for reapplication
				after certification has been revoked.
One (1) year from date of
				revocation.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 110 - Lead-Based Paint Management › Subchapter 7 - General Requirements of Authorizations › Section 252:110-7-3 - Compliance

Current through Vol. 41, No. 20, July 1, 2024
(a)
Duty to comply.
Accredited
				training programs and certified firms or individuals shall comply with the
				requirements of the Act, the Oklahoma Environmental Quality Code, 27A O. S.
				§ 2-1-101
et seq.
, rules promulgated by the Board
				including this Chapter, the conditions of Department-issued LBP authorizations,
				and final orders.
(b)
Failure
				to comply.
Failure to comply with any such law, rule, authorization or
				order may result in administrative enforcement and penalties, denial of
				applications, suspension or revocation of authorization, prosecution and/or any
				other available remedy in accordance with Part 5 of Article III and Part 3 of
				Article XII of the Code.
(c)
Compliance and enforcement inspections.
For purposes of
				determining and facilitating compliance with the requirements of the Act and
				this Chapter, any authorized representative of the Department, after
				identifying himself, shall have the right to inspect, monitor, and evaluate LBP
				services (certification) and training (accreditation), review records required
				to be kept by this Chapter, report identified deficiencies to the holder, and
				require corrective action.
Added at 14 Ok Reg 3663,
				  eff 7-30-97 (emergency); Added at 15 Ok Reg 1927, eff
				  6-1-98
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 110 - Lead-Based Paint Management › Subchapter 7 - General Requirements of Authorizations › Section 252:110-7-4 - Application for authorization

Current through Vol. 41, No. 20, July 1, 2024
(a)
Fees.
Nonrefundable fees are payable at the time an application or
				other notice associated with a fee is filed with the Department.
(b)
Forms.
Forms for the
				applications, reports and notices required by this Chapter may be available
				from the Department upon request.
(c)
Applicant signature and
				verification.
An application shall be signed by the applicant and
				contain a verification stating that the application was prepared under his
				direction or supervision and the information it contains is, to the best of his
				knowledge and belief, true, accurate and complete.
(d)
Withdrawal.
An applicant may
				withdraw an application at any time with written notice to the Department and
				forfeiture of fees.
Added at 14 Ok Reg 3663,
				  eff 7-30-97 (emergency); Added at 15 Ok Reg 1927, eff
				  6-1-98
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 110 - Lead-Based Paint Management › Subchapter 7 - General Requirements of Authorizations › Section 252:110-7-5 - Application for authorization renewal

Current through Vol. 41, No. 20, July 1, 2024
(a)
Application.
In addition to the requirements of Subchapters 9 and
				11, an application for renewal of an authorization shall include documentation
				that the applicant has met the applicable annual renewal criteria established
				by this Chapter.
(b)
Criteria
				for renewal.
The basis for renewal shall include a timely and complete
				application, cooperative participation in compliance inspections, compliance as
				specified in
				252:110-7-3, payment
				of monies owed to the Department and other specific renewal criteria set forth
				in this Chapter.
(c)
Effect
				of renewal application on existing authorization.
A complete and timely
				renewal application filed with the Department shall extend the existing
				authorization until the Department either issues or denies the
				renewal.
(d)
Notice not
				required.
An authorized holder is responsible for renewal or
				reactivation of his own authorization regardless of notification.
Added at 14 Ok Reg 3663,
				  eff 7-30-97 (emergency); Added at 15 Ok Reg 1927, eff
				  6-1-98
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 110 - Lead-Based Paint Management › Subchapter 7 - General Requirements of Authorizations › Section 252:110-7-6 - Application review

Current through Vol. 41, No. 20, July 1, 2024
(a)
Review
				procedure.
The Department shall review an application for completeness,
				shall give written notice to the applicant of deficiencies and shall specify a
				date the necessary information is due.
(b)
Automatic termination.
If,
				within six months of the Department notice, the applicant fails to provide the
				information, the entire application shall become void unless a time extension
				has been granted by the Department for good cause.
Added at 14 Ok Reg 3663,
				  eff 7-30-97 (emergency); Added at 15 Ok Reg 1927, eff
				  6-1-98
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 110 - Lead-Based Paint Management › Subchapter 7 - General Requirements of Authorizations › Section 252:110-7-7 - Issuance, denial, revocation or suspension

Current through Vol. 41, No. 20, July 1, 2024
(a)
Basis for issuance.
Authorization shall only be issued to applicants who have submitted a complete
				application and have satisfactorily demonstrated substantial compliance as
				outlined in this Chapter, the Code and with other applicable
				requirements.
(b)
Basis for
				denial.
No authorization shall be issued to any applicant who:
(1) Fails to satisfy any applicable
				requirement of the Act or this Chapter;
(2) Is not in substantial compliance with the
				terms and conditions of his expiring authorization or any final Department
				order issued to him unless the Department imposes special conditions on the new
				authorization to assure compliance;
(3) Purposely omitted material facts from any
				authorization application, as amended or supplemented;
(4) Had an authorization revoked in whole or
				suspended and not reinstated within one (1) year preceding the date of
				application;
(5) Had an application
				to the Department denied within the one (1) year preceding current application;
				or
(6) Has not paid monies owed to
				the Department.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 110 - Lead-Based Paint Management › Subchapter 7 - General Requirements of Authorizations › Section 252:110-7-8 - Conditions of authorization

Current through Vol. 41, No. 20, July 1, 2024
(a)
Specific conditions.
The Department may establish conditions in
				any authorization to ensure compliance with this Chapter and the
				Code.
(b)
Conditions
				applicable to all authorizations.
In addition to the requirements of
				this Chapter, the following conditions shall apply to all authorizations.
(1)
Effect of authorization.
An
				authorization does not convey any property rights of any sort or any exclusive
				privilege, nor does it constitute authorization for any invasion of other
				private rights, or any infringement of federal, state, or local law or rules.
				Issuance of any LBP authorization by the Department shall not imply Department
				approval of any LBP activity or service performed by the holder.
(2)
Practices and procedures.
All LBP operational practices and procedures used by the holder shall comply at
				all times with this Chapter and the Code.
(3)
Duty to mitigate.
The holder
				shall take all reasonable steps to minimize or correct any adverse impact on
				the environment, health and safety resulting from work performed pursuant to
				the authorization.
(4)
Consent to conditions.
Beginning LBP services under an
				authorization means the holder consents to all of its conditions.
(5)
Transferability.
An
				authorization cannot be transferred to another person, training program or
				firm.
(6)
Severability.
The provisions of an authorization are severable,
				and if any part or use of a part is held invalid by a court of law, the
				remaining parts and uses shall remain valid.