Regulatory Text:
Oklahoma Administrative Code, Title 252, Department of Environmental Quality
Oklahoma Chapter 100 (OAC 252:100). Air Pollution Control

Oklahoma Chapter 100, Subchapter 5. Registration, Emission Inventory and Annual Operating Fees
As approved by EPA April 10, 2020 (85 FR 20178) SIP effective May 11, 2020 (OKd29),
Regulations.gov document EPA-R06-OAR-2018-0208-0012 [OK029.12].

Sections:
252:100-5-1.    Purpose OKd29
252:100-5-1.1.  Definitions OKd29
252:100-5-2.    Registration of potential sources of air contaminants OKd24
252:100-5-2.1.  Emission inventory OKd24
252:100-5-2.2.  Annual operating fees OKd29
252:100-5-3.    Confidentiality of proprietary information OKd24

252:100-5-1.  Purpose
Reapproved by EPA April 10, 2020 (85 FR 20178) without explanation SIP effective May 11, 2020 (OKd29)
As adopted in the Oklahoma Register June 1, 2000 (17 OkReg 1886) effective June 12, 2000,
Submitted to EPA February 14, 2002 (OK-25), 
Regulations.gov document EPA-R06-OAR-2007-0314-0012 [OK006.12], Adobe file page 227.
Reapproved by EPA April 10, 2020 (85 FR 20178) without explanation SIP effective May 11, 2020 (OKd29)
Regulations.gov document EPA-R06-OAR-2018-0208-0012 [OK029.12]
Explanation: No explanation.

252:100-5-1.  Purpose.
     This Subchapter requires potential sources of air contaminants to register with the Division.  It also requires facilities that emit air contaminants to file an emission inventory and pay annual operating fees.
***end 252:100-5-1 SIP effective May 11, 2020 (OKd29)***ayv***

252:100-5-1.1.  Definitions.
Reapproved by EPA April 10, 2020 (85 FR 20178) without explanation SIP effective May 11, 2020 (OKd29)
As adopted in the Oklahoma Register May 15, 2007 (24 OkReg 1267) effective June 15, 2007,
Submitted to EPA July 16, 2010 (OK-39),
Regulations.gov document EPA-R06-OAR-2014-0221-0005 [OK023.05], Adobe file page 316.
Reapproved by EPA April 10, 2020 (85 FR 20178) without explanation SIP effective May 11, 2020 (OKd29)
Regulations.gov document EPA-R06-OAR-2018-0208-0012 [OK029.12]
Explanation: No explanation.

252:100-5-1.1.  Definitions.
    The following words and terms when used in this Subchapter
shall have the following meaning unless the context
clearly indicates otherwise:
    "Actual emissions" means the total amount of any regulated
air pollutant actually emitted from a given facility
during a particular calendar year, determined using methods
contained in 252:100-5-2.1(d).
    "Allowable emissions" means:
         (A) The total amount of any regulated air pollutant
emitted based on limits contained in an enforceable
permit or potential to emit, or
         (B) For grandfathered sources, emission limits
based on maximum design capacity and considering
all applicable rules.
    "Emission inventory" means a compilation of all point
source, storage and process fugitive air emissions for all
regulated air pollutants at a given facility.
    "Grandfathered source" means a stationary source that
was in operation in Oklahoma when an otherwise applicable
rule was promulgated unless that rule specifically applies to
existing sources or the source has undergone modification
since that rule was promulgated.
    "Gross particulate matter" or "GPM" means particulate
matter with an aerodynamic diameter greater than 10 micrometers.
    "Minor facility" means a facility which is not a Part 70 source.
    "Part 70 source" means any source subject to the permitting
requirements of Part 5 of Subchapter 8 of this Chapter as
provided in 252:100-8-3(a) and 252:100-8-3(b).
    "Process Fugitive Emissions" means those emissions
created by or incidental to any particular process which become
airborne or have the potential to become airborne, and
could not reasonably, taking into account economic considerations,
be made to pass through a stack, chimney, vent or other
functionally equivalent opening.
    "Regulated air pollutant" means
any substance or group of substances listed in
Appendix P of this Chapter, or any substance regulated
as an air pollutant under any federal regulation
for which the Department has been given authority,
or any other substance for which an air emission limitation
or equipment standard is set by an enforceable permit.
***end 252:100-5-1.1. SIP effective May 11, 2020 (OKd29)***ayv***

252:100-5-2.  Registration of potential sources of air contaminants.
As approved by EPA August 30, 2018 (83 FR 44236) SIP effective October 1, 2018 (Okd24).
As adopted in the Oklahoma Register September 2, 2014 (31 Ok Reg 1266) effective September 12, 2014,
Submitted to EPA February 14, 2017 (OK-58),
Regulations.gov document EPA-R06-OAR-2018-0350-0003 [OK030.03].
Approved by EPA August 30, 2018 (83 FR 44236) SIP effective October 1, 2018 (Okd24),
Regulations.gov document EPA-R06-OAR-2018-0350-0007 [OK030.07],
Explanation: none.

252:100-5-2.  Registration of potential sources of air contaminants.
     (a)  Filing.  In addition to any requirements for the submission of information found in any other regulation in this Chapter, the owner or operator of an air contaminant source shall, upon request, provide the Division with information necessary to evaluate the source's potential for causing air pollution.
     (b)  Necessary information.  The following information shall be included for each source:
          (1)  Total weight of the contaminant released per year.
          (2)  Period or periods of operation.
          (3)  Composition of the contaminant.
          (4)  Temperature of the air or gas stream at the point where released into the atmosphere.
          (5)  Efficiency of any control device.
          (6)  Such other information as may be specifically requested by the Director.
***end 252:100-5-2**SIP effective October 1, 2018 (Okd24)***y9i***

252:100-5-2.1  Emission Inventory.
As approved by EPA August 30, 2018 (83 FR 44236) SIP effective October 1, 2018 (Okd24).
As adopted in the Oklahoma Register September 1, 2016 (33 Ok Reg 1453) effective September 15, 2016,
Submitted to EPA February 14, 2017 (OK-58),
Regulations.gov document EPA-R06-OAR-2018-0350-0003 [OK030.03].
Approved by EPA August 30, 2018 (83 FR 44236) SIP effective October 1, 2018 (Okd24),
Regulations.gov document EPA-R06-OAR-2018-0350-0007 [OK030.07],
Explanation: none.

252:100-5-2.1  Emission Inventory.
     (a) Requirement to file an emission inventory. The owner or operator of any facility that is a source of regulated air pollutants shall submit a complete annual emission inventory through DEQ's electronic reporting system or in another manner acceptable by the Division.
           (1) General requirements. The inventory shall cover operations during a calendar year and shall be submitted on or before April 1 of the following year. Upon receiving a written demonstration of good cause the Director may grant an extension for submittal beyond the April 1 deadline.
           (2) Permit by rule. The owner or operator of a facility
registered under a permit by rule in Subchapter 7, Part 9, shall submit, at a minimum, an annual emission inventory for the 2014 reporting year or the calendar year in which the facility is registered, if the facility is registered after December 31, 2014, and thereafter according to the following schedule:
                (A) For a registered facility with actual emissions greater than 5 tons per year of any regulated air pollutant,an annual emission inventory for that facility shall be submitted for every National Emissions Inventory (NEI) Three-Year Cycle Inventory year, as defined in 40 CFR Section 51.30(b).
                (B) For a registered facility with actual emissions of 5 tons per year or less of any regulated air pollutant, an annual emission inventory for that facility shall be submitted every second National Emissions Inventory (NEI) Three-Year Cycle Inventory year, as defined in 40 CFR Section 51.30(b), beginning with the 2020 NEI reporting year.
           (3) Permit exempt facilities and de minimis facilities. The owners or operators of permit exempt facilities or de minimis facilities, as these terms are defined in OAC 252:100-7-1.1, are not required to submit an annual emission inventory unless annual emissions from the facility exceed any of the emission thresholds listed in Table 1 in Appendix A to Subpart A of 40 CFR Part 51. In that event, the emission inventory shall be submitted according to the schedule contained in that table, which is incorporated by reference in Appendix Q to OAC 252:100.
           (4) Special inventories. Upon request by the Director, the owner or operator of a facility that emits or has the potential to emit any regulated air pollutant shall file an emission inventory with the Division. The Director is authorized to request this inventory when emission related
data is necessary for program planning or compliance with State or Federal rules, regulations, standards, or requirements.
      (b) Content. All inventories submitted to the Division shall include, but shall not be limited to, the following:
           (1) For those emissions subject to a permit, the permitted allowable emissions as set forth therein.
           (2) The amount of the actual emissions, including quantifiable excess emissions, and the basis for such determination. If the total actual emissions of any regulated air pollutant from a facility vary from the allowable or from the previous year's actual by more than 30%, the Department may require the owner or operator to provide an explanation for the difference in order to determine compliance with the Oklahoma Clean Air Act or any rule promulgated thereunder, or any permit condition prescribed or order issued pursuant thereto.
           (3) For those emissions not the subject of a permit and when requested by the AQD, a list of all OAC 252:100 rules setting forth emission limitations applicable to the facility in question and the maximum yearly allowable for the facility.
      (c) Documentation. All calculations and assumptions must be verified by proper documentation. All supporting data, including actual production, throughput and measurement records along with engineering calculations and other data utilized in accordance with OAC 252:100-5-2.1(d) must be maintained for at least 5 years by the current owner or operator at the facility in conjunction with facility records of the emission inventory. This information must either be submitted to the Division or made available for inspection upon request.
      (d) Method of calculation. The best available data at the time the emission inventory is or should have been prepared shall be used to determine emissions. It shall be the burden of the owner or operator to select the best available data, based on an acceptable method of calculation. The method of calculation used to determine emissions shall be binding upon the owner or operator and the Division for the purpose of calculating fees under OAC 252:100-5-2.2 unless challenged by the owner or operator prior to September 1 of the year the inventory is due or by the Division within six (6) months after the date the inventory is received. Acceptable methods of calculation for determining actual emissions are:
           (1) Emission factors utilized in the issuance of a currently applicable Oklahoma Air Quality permit(s) for the facility.
           (2) Stack tests using appropriate EPA test methods, with advance notification and opportunity for observation by the Division.
           (3) Stack tests using appropriate EPA test methods may be used for determining the emissions of identical equipment (i.e., same model, same location, and same operating conditions and parameters) when:
                (A) Tests are performed by persons qualified by training and experience to perform said tests.
                (B) Copies of the test results and methods are available for review by the Division.
           (4) Continuous emissions monitoring data, when supported by required certification and calibration data.
           (5) Current AP-42 factors or other factors acceptable to the Division.
           (6) Manufacturer's test data, when approved by the Division as reliable.
           (7) EPA and EPA-contracted industry-specific emission study data when it can be shown to be applicable to the facility in question and approved for use in the emission inventory by the Division.
           (8) Fuel usage and other mass-balance methods when supported by specific records applicable to the materials on which the calculations are based and approved for use in the emission inventory by the Division.
           (9) Any other method that can be. shown to be reasonably accurate when supported by engineering data and calculations, and approved for use in the emission inventory by the Division.
      (e) Methods of verification. Emission inventories determined by the Division to be substantially incomplete or substantially incorrect shall, upon the request of the Division, be subject to verification if not satisfactorily completed or corrected within a reasonable time. Verification shall be accomplished. by an appropriate stack test using EPA approved methods, installation of continuous monitoring equipment, or other methods acceptable to the Division.
      (f) Certification. The emission inventory shall contain certification by a responsible official of the truth, accuracy, and completeness of the document. This certification shall be signed by a responsible official and shall contain the following language: “I certify, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.”
*** end252:100-5-2.1  SIP effective October 1, 2018 (OKd24)***y9i***

252:100-5-2.2.  Annual operating fees.
Reapproved by EPA April 10, 2020 (85 FR 20178) without explanation SIP effective May 11, 2020 (OKd29)
As adopted in the Oklahoma Register June 1, 2000 (17 Ok Reg 1888) effective June 12, 2000,
Submitted to EPA February 14, 2002 (OK-25), 
Regulations.gov document EPA-R06-OAR-2007-0314-0012 [OK006.12], Adobe file page 229.
Reapproved by EPA April 10, 2020 (85 FR 20178) without explanation SIP effective May 11, 2020 (OKd29)
Regulations.gov document EPA-R06-OAR-2018-0208-0012 [OK029.12]
Explanation: No explanation.

252:100-5-2.2.  Annual operating fees.
     (a)  Applicability.
          (1)  This section applies to all facilities that are sources of air pollution, including government facilities, regardless of whether the source is currently permitted or whether an emission inventory has or has not at any time been submitted for the facility.  The owners or operators of Part 70 sources shall pay annual fees that are sufficient to cover the Part 70 program costs.  The permitting authority shall ensure that the fees required by 252:100-5-2.2(b)(2) will be used solely for Part 70 program costs.
          (2)  This section does not apply to de minimis facilities.
     (b)  Fee schedule.
          (1)  Minor facilities.
               (A)  Until January 1, 1998, the owner or operator of a facility subject to this section shall pay an annual operating fee based on annual emissions of regulated pollutants (for fee calculation), in accordance with the following fee schedule:
                    (i)  10 - 24.99 tons/year - $100/year
                    (ii)  25 - 49.99 tons/year - $250/year
                    (iii)  50 - 74.99 tons/year - $500/year
                    (iv)  75 - 99.99 tons/year - $750/year
               (B)  In calendar year 1998, annual operating fees shall be invoiced at $10 per ton of regulated pollutant (for fee calculation).
               (C)  Beginning January 1, 1999, annual operating fees shall be invoiced at $17.12 per ton of regulated pollutant (for fee calculation).
          (2)  Part 70 Sources.
               (A)  From January 1, 1995, until January 1, 1999, the annual operating fee for Part 70 sources shall be $15.19 per ton of regulated pollutant (for fee calculation).
               (B)  Beginning January 1, 1999, the annual operating fee for Part 70 sources shall be $17.12 per ton of regulated pollutant (for fee calculation).
               (C)  The annual operating fee shall be adjusted automatically each year by the percentage, if any, by which the Consumer Price Index for the most recent calendar year ending before the beginning of such year differs from the Consumer Price Index for the calendar year 1994.  The Consumer Price Index for any calendar year is the average of the Consumer Price Index for all-urban consumers published by the Department of Labor, as of the close of the twelve month period ending on August 31 of each calendar year.
     (c)  Payment. 
          (1)  Fees are due and payable on the invoice due date(s).  Fees shall be considered delinquent 30 days after the invoice due date(s).  Within five (5) years but not before a grace period of 120 days from the invoice due date, the DEQ may issue an administrative order to recover such fees and may assess a reasonable administrative fine in accordance with the provisions of the Oklahoma Clean Air Act, 27A O.S. §§ 2-5-101 et seq., to an owner or operator of a facility who has failed to pay or has underpaid such fees.
          (2)  If an owner or operator has failed to submit the required annual emission inventory, the DEQ may issue an administrative order to recover fees that would have been invoiced had the emission inventory been submitted when due.  The DEQ may issue such order within five (5) years from the date of billing and may assess a reasonable administrative fine in accordance with the provisions of the Oklahoma Clean Air Act, 27A O.S. §§ 2-5-101 et seq.
          (3)  When a fee overpayment has been made as a result of an error, an owner or operator may seek a credit for such fee overpayment within five years from the date on which payment of the fee was received by the DEQ.
     (d)  Basis for annual operating fees.
          (1)  Operating fees shall be calculated on a source-specific basis and based on actual emissions of regulated pollutants (for fee calculation) as set forth in the facility emission inventory unless the owner or operator elects to pay fees on allowable emissions.
          (2)  Regulated pollutants (for fee calculation) in excess of 4,000 tons per year per pollutant for a Part 70 source shall not be considered in the calculation of the annual fee.
***end 252:100-5-2.2. SIP effective May 11, 2020 (OKd29)***ayv*** 

252:100-5-3.  Confidentiality of proprietary information
As approved by EPA August 30, 2018 (83 FR 44236) SIP effective October 1, 2018 (Okd24).
As adopted in the Oklahoma Register September 2, 2014 (31 Ok Reg 1268) effective September 12, 2014,
Submitted to EPA February 14, 2017 (OK-58),
Regulations.gov document EPA-R06-OAR-2018-0350-0003 [OK030.03].
Approved by EPA August 30, 2018 (83 FR 44236) SIP effective October 1, 2018 (Okd24),
Regulations.gov document EPA-R06-OAR-2018-0350-0007 [OK030.07],
Explanation: none.

252:100-5-3.  Confidentiality of proprietary information.
          [Refer to 27A O.S. Section 2-5-105.17.]
***end OK OAC 252:100-5-3 SIP effective October 1, 2018 (OKd24)***y9i***

** end OK Chap 100, Subchapapter 5, Registration, Emission Inventory and Annual Operating Fees, SIP effective May 11, 2020 (OKd29) **