Regulatory Text:
Oklahoma OAC 252 Chapter 100.  Air Pollution Control

SUBCHAPTER 8.  PERMITS FOR PART 70 SOURCES

PART 7.  PREVENTION OF SIGNIFICANT DETERIORATION (PSD) REQUIREMENTS FOR ATTAINMENT AREAS
As approved by EPA September 28, 2016 (81 FR 66532) SIP effective October 28, 2016 (OKd18),
Regulations.gov docket EPA-R06-OAR-2014-0221 [OK023].

Outline:
252:100-8-30.    Applicability.     6/1/2009 3
252:100-8-31.    Definitions.     7/1/2012 9
252:100-8-32.1.  Ambient air increments and ceilings.     6/15/2006 4
252:100-8-32.2.  Exclusion from increment consumption.     6/15/2006 4
252:100-8-32.3.  Stack heights.     6/15/2006 4
252:100-8-33.    Exemptions.     7/1/2012 9
252:100-8-34.    Control technology review.     6/15/2006 4
252:100-8-35.    Air quality impact evaluation.     7/1/2011 8
252:100-8-35.1.  Source information.     6/15/2006 4
252:100-8-35.2.  Additional impact analyses.     6/15/2006 4
252:100-8-36.    Source impacting Class I areas.     6/15/2006 4
252:100-8-36.2.  Source obligation.     6/15/2006 4
252:100-8-37.    Innovative control technology.     6/1/2009 3
252:100-8-38.    Actuals PALs.     6/1/2009 3
252:100-8-39.    Severability.     6/15/2006 4

***end OK OAC 252:100-8-3###***EPA-R06-OAR-2014-0221***OK023***OKd18***x88***


7-252:100-8-30.    Applicability.     6/1/2009 3
As adopted in the Oklahoma Register May 15, 2009 (26 Ok Reg 1152)
effective July 1, 2009 [NOT June 1, 2009 as pulished in the final rule
Federal Register and codified in the table in 40 CFR 52.1920(c)],
submitted to EPA June 24, 2010 (OK-36),
Regulations.gov document EPA-R06-OAR-2014-0221-0003 [OK023.03].
Approved by EPA September 28, 2016 (81 FR 66532) effective October 28, 2016 (OKd18),
Regulations.gov docket EPA-R06-OAR-2014-0221 [OK023].

Page 1152 [Oklahoma Register May 15, 2009 (26 Ok Reg 1152)]

252:100-8-30. Applicability.

(a) General applicability.
    (1) The requirements of this Part shall apply to the
Construction of any new major stationary source or any project
that is a major modification at an existing major stationary
source in an area designated as attainment or unclassifiable
under sections 107(d)(1)(A)(ii) or (iii) of the Act.
    (2) The requirements of OAC 252:100-8-34 through
252:100-8-36.2 apply to the construction of any new major
stationary source or the major modification of any existing
major stationary source, except as this Part otherwise
provides.
    (3) No new major stationary source or major modification
to which the requirements of OAC 252:100-8-34
through 252:100-8-36.2(b) apply shall begin actual
construction without a permit that states that the major
stationary source or major modification will meet those
requirements.

    (4) The requirements of OAC 252:100-8, Parts 1, 3, and 5
also apply to the construction of all new major stationary
sources and major modifications.

(b) Major modification.
    (1) Major modification applicability determination.
        (A) Except as otherwise provided in OAC
252:100-8-30(c), and consistent with the definition
of "major modification", a project is a major
modification for a regulated NSR pollutant if it causes
two types of emissions increases:
          (i) a significant emissions increase and
          (ii) a significant net emissions increase.
       (B) The project is not a major modification if it
does not cause a significant emissions increase. If
the project causes a significant emissions increase,
then the project is a major modification only if it also
results in a significant net emissions increase.
    (2) Calculating significant emissions increase and
significant net emissions increase before beginning actual
construction. The procedure for calculating whether
a significant emissions increase will occur depends upon
the type of emissions units being modified, according to
OAC 252:100-8-30(b)(3) through (5). This is the first
step in determining if a proposed modification would
be considered a major modification. The procedure for
calculating whether a significant net emissions increase
will occur at the major stationary source is contained in the
definition of "net emissions increase". This is the second
step in the process of determining if a proposed modification
is a major modification. Both steps occur prior to the
beginning of actual construction. Regardless of any such
preconstruction projections, a major modification results
if the project causes a significant emissions increase and a
significant net emissions increase.
    (3) Actual-to-projected-actual applicability test for
projects that only involve existing emissions units. A
significant emissions increase of a regulated NSR pollutant
is projected to occur if the sum of the difference
between the projected actual emissions and the baseline
actual emissions for each existing emissions unit, equals
or exceeds the amount that is significant for that pollutant.
    (4) Actual-to-potential test for projects that only
involve construction of a new emissions unite(s).
A significant emissions increase of a regulated NSR pollutant
is projected to occur if the sum of the difference between the
potential to emit from each new emissions unit following
completion of the project and the baseline actual emissions
of these units before the project equals or exceeds
the amount that is significant for that pollutant.
    (5) Hybrid test for projects that involve multiple
types of emissions units. A significant emissions increase
of a regulated NSR pollutant is projected to occur if
the sum of the emissions increases for each emissions unit,
using the method specified in OAC 252:100-8-30(b)(3) or (4)
as applicable with respect to each emissions unit, for
each type of emissions unit equals or exceeds the amount
that is significant for that pollutant

Page 1153
    (6) Actual-to-potential test for projects that only
involve existing emissions units. In lieu of using the
actual-to-projected-actual test, owners or operators may
choose to use the actual-to-potential test to determine
if a significant emissions increase of a regulated NSR
pollutant will result from a proposed project. A significant
emissions increase of a regulated NSR pollutant will
occur if the sum of the difference between the potential
emissions and the baseline actual emissions for each existing
emissions unit, equals or exceeds the amount that
is significant for that pollutant. Owners or operators who
use the actual to potential test will not be subject to the
recordkeeping requirements in OAC 252:100-8-36.2(c).

(c) Plantwide applicability limitation (PAL). Major
stationary sources seeking to obtain or maintain a PAL shall
comply with the requirements under OAC 252:100-8-38.

***end OK OAC 252:100-8-30***EPA-R06-OAR-2014-0221***OK023***OKd18***x8a***


7-252:100-8-31.    Definitions.     7/1/2012 9
As adopted in the Oklahoma Register May 15, 2012 (29 Ok Reg 611-618) effective July 1, 2012,
submitted to EPA January 18, 2012 (OK-46),
Regulations.gov document EPA-R06-OAR-2014-0221-0009 [OK023.09].
Approved by EPA September 28, 2016 (81 FR 66532) effective October 28, 2016 (OKd18),
Regulations.gov docket EPA-R06-OAR-2014-0221 [OK023].

SIP does not include paragraph (E) of the definition of “subject to regulation”,
effective on 7/1/2011 and submitted 2/6/2012 for Step 2 GHG permitting.
SIP does not include revisions to the definition of “subject to regulation”
paragraph (B)(i) for the GHG Biomass Deferral, effective on 7/1/2012 and
submitted on 1/13/2013

Page 611 left column [Oklahoma Register May 15, 2012 (29 Ok Reg 611)]

252:100-8-31. Definitions

    The following words and terms when used in this Part
shall have the following meaning, unless the context clearly
indicates otherwise. All terms used in this Part that are not
defined in this Section shall have the meaning given to them in
OAC 252:100-1-3, 252:100-8-1.1, or in the Oklahoma Clean Air Act.
    "Actual emissions" means the actual rate of emissions
of a regulated NSR pollutant from an emissions unit, as determined
in accordance with paragraphs (A) through (C) of this
definition, except that this definition shall not apply for calculating
whether a significant emissions increase has occurred, or
for establishing a PAL under OAC 252:100-8-38. Instead, the
definitions of "projected actual emissions" and "baseline actual
emissions" shall apply for those purposes.
         (A) In general, actual emissions as of a particular
date shall equal the average rate in TPY at which the
unit actually emitted the pollutant during a consecutive
24-month period which precedes the particular
date and which is representative of normal source
operation. The Director shall allow the use of a different
time period upon a determination that it is more
representative of normal source operation. Actual
emissions shall be calculated using the unit's actual
operating hours, production rates, and types of materials
processed, stored, or combusted during the
selected time period.
         (B) The Director may presume that source-specific
allowable emissions for the unit are equivalent to the
actual emissions of the unit.
         (C) For any emissions unit that has not begun
normal operations on the particular date, actual emissions
shall equal the potential to emit of the unit on that date.
    "Allowable emissions" means the emission rate of a
stationary source calculated using the maximum rated capacity
of the source (unless the source is subject to enforceable limits
which restrict the operating rate, or hours of operation, or both)
and the most stringent of the following:
         (A) the applicable standards as set forth in 40 CFR
Parts 60 and 61;
         (B) the applicable State rule allowable emissions; or,
         (C) the emissions rate specified as an enforceable
permit condition.
    "Baseline actual emissions" means the rate of emissions,
in TPY, of a regulated NSR pollutant, as determined in accordance
with paragraphs (A) through (E) of this definition.
         (A) The baseline actual emissions shall be based on
current emissions data and the unit's utilization during
the period chosen. Current emission data means the
most current and accurate emission factors available
and could include emissions used in the source's latest
permit or permit application, the most recent CEM
data, stack test data, manufacturer's data, mass balance,
engineering calculations, and other emission factors.
         (B) For any existing electric utility steam generating
unit (EUSGU), baseline actual emissions
means the average rate, in TPY, at which the unit
actually emitted the pollutant during any consecutive
24-month period selected by the owner or operator
within the 5-year period immediately preceding the
date that a complete permit application is received
by the Director for a permit required under OAC
252:100-8. The Director shall allow the use of a different
time period upon a determination that it is more
representative of normal source operation.
             (i) The average rate shall include fugitive
emissions to the extent quantifiable, and emissions
associated with start-ups, shutdowns, and malfunctions.
             (ii) The average rate shall be adjusted downward
to exclude any noncompliant emissions that
occurred while the source was operating above an
emission limitation that was legally enforceable
during the consecutive 24-month period.
             (iii) For a regulated NSR pollutant, when a
project involves multiple emissions units, only
one consecutive 24-month period shall be used to
determine the baseline actual emissions for all the
emissions units affected by the project. A different
consecutive 24-month period can be used for each
regulated NSR pollutant.
             (iv) The average rate shall not be based on any
consecutive 24-month period for which there is
inadequate information for determining annual
emissions, in TPY, and for adjusting this amount if
required by (B)(ii) of this definition.
         (C) For an existing emissions unit (other than
an EUSGU), baseline actual emissions means the
average rate in TPY, at which the emissions unit actually
emitted the pollutant during any consecutive
24-month period selected by the owner or operator
within the 10-year period immediately preceding
either the date the owner or operator begins actual
construction of the project, or the date a complete
permit application is received by the Director for a
permit required either under this Part or under a plan
approved by the Administrator, whichever is earlier,
except that the 10 year period shall not include any
period earlier than November 15, 1990.
             (i) The average rate shall include fugitive
emissions to the extent quantifiable, and emissions
associated with startups, shutdowns, and malfunctions.

Page 612
             (ii) The average rate shall be adjusted downward
to exclude any noncompliant emissions that
occurred while the source was operating above an
emission limitation that was legally enforceable
during the consecutive 24-month period.
             (iii) The average rate shall be adjusted downward
to exclude any emissions that would have
exceeded an emission limitation with which the
major stationary source must currently comply,
had such major stationary source been required to
comply with such limitations during the consecutive
24-month period. However, if an emission
limitation is part of a MACT standard that the
Administrator proposed or promulgated under 40
CFR 63, the baseline actual emissions need only
be adjusted if DEQ has taken credit for such emissions
reduction in an attainment demonstration or
maintenance plan consistent with requirements of
40 CFR 51.165(a)(3)(ii)(G).
             (iv) For a regulated NSR pollutant, when a
project involves multiple emissions units, only
one consecutive 24-month period must be used
to determine the baseline actual emissions for the
emissions units being changed. A different consecutive
24-month period can be used for each
regulated NSR pollutant.
             (v) The average rate shall not be based on any
consecutive 24-month period for which there is
inadequate information for determining annual
emissions, in TPY, and for adjusting this amount if
required by (C)(ii) and (iii) of this definition.
         (D) For a new emissions unit, the baseline actual
emissions for purposes of determining the emissions
increase that will result from the initial construction
and operation of such unit shall equal zero; and
thereafter, for all other purposes, shall equal the unit's
potential to emit.
         (E) For a PAL for a stationary source, the baseline
actual emissions shall be calculated for existing EUSGU
in accordance with the procedures contained
in paragraph (B) of this definition, for other existing
emissions units in accordance with the procedures
contained in Paragraph (C) of this definition, and for a
new emissions unit in accordance with the procedures
contained in paragraph (D) of this definition.
    "Baseline area" means any intrastate areas (and every
part thereof) designated as attainment or unclassifiable under
section 107(d)(1)(A)(ii) or (iii) of the Act in which the major
source or major modification establishing the minor source
baseline date would construct or would have an air quality impact
for the pollutant for which the baseline date is established,
as follows: Equal to or greater than 1 μg/m³ (annual
average) for SO₂, NO₂, or PM₁₀; or equal or greater
than 0.3 μg/m³ (annual average) for PM_2.5.
         (A) Area redesignations under section
107(d)(1)(A)(ii) or (iii) of the Act cannot intersect
or be smaller than the area of impact of any major
stationary source or major modification which:
             (i) establishes a minor source baseline date; or
             (ii) is subject to 40 CFR 52.21 or OAC
252:100-8, Part 7, and would be constructed in
the same State as the State proposing the redesignation.
         (B) Any baseline area established originally for the
TSP increments shall remain in effect and shall apply
for purposes of determining the amount of available
PM₁₀ increments, except that such baseline area shall
not remain in effect if the Director rescinds the
corresponding minor source baseline date in accordance
with paragraph (D) of the definition of "baseline date".
    "Baseline concentration" means that ambient concentration
level that exists in the baseline area at the time of the
applicable minor source baseline date.
         (A) A baseline concentration is determined for
each pollutant for which a minor source baseline date
is established and shall include:
             (i) the actual emissions representative of
sources in existence on the applicable minor
source baseline date, except as provided in (B) of
this definition.
             (ii) the allowable emissions of major
Stationary sources that commenced construction before
the major source baseline date, but were not in
operation by the applicable minor source baseline date.
         (B) The following will not be included in the
Baseline concentration and will affect the applicable
Maximum allowable increase(s):
             (i) actual emissions from any major stationary
source on which construction commenced after the
major source baseline date; and,
             (ii) actual emissions increases and decreases
at any stationary source occurring after the minor
source baseline date.
    "Baseline date" means:
         (A) Major source baseline date means:
             (i) in the case of PM₁₀ and sulfur dioxide,
January 6, 1975;
             (ii) in the case of nitrogen dioxide,
February 8, 1988; and
             (iii) in the case of PM_2.5, October 20, 2010.
         (B) Minor source baseline date means the earliest
date after the trigger date on which a major stationary
source or major modification (subject to 40 CFR 52.21 or
OAC 252:100-8, Part 7) submits a complete
application. The trigger date is:
             (i) in the case of PM₁₀ and sulfur dioxide, August 7, 1977;
             (ii) in the case of nitrogen dioxide, February 8, 1988; and
             (iii) in the case of PM2.5, October 20, 2011.
         (C) The baseline date is established for each
pollutant for which increments or other equivalent
measures have been established if:

Page 613
             (i) the area in which the proposed source
or modification would construct is designated
as attainment or unclassifiable under section
107(d)(1)(A)(ii) or (iii) of the Act for the pollutant
on the date of its complete application under
40 CFR 52.21 or under OAC 252:100-8, Part 7; and
             (ii) in the case of a major stationary source, the
pollutant would be emitted in significant amounts,
or, in the case of a major modification, there would
be a significant net emissions increase of the pollutant.
         (D) Any minor source baseline date established
originally for the TSP increments shall remain in
effect and shall apply for purposes of determining the
amount of available PM10 increments, except that the
Director may rescind any such minor source baseline
date where it can be shown, to the satisfaction of the
Director, that the emissions increase from the major
stationary source, or the net emissions increase from
the major modification, responsible for triggering that
date did not result in a significant amount of PM₁₀
emissions.
    "Begin actual construction" means in general, initiation
of physical on-site construction activities on an emissions unit
which are of a permanent nature.
         (A) Such activities include, but are not limited to,
installation of building supports and foundations,
laying of underground pipework, and construction of
permanent storage structures.
         (B) With respect to a change in method of operation
this term refers to those on-site activities, other
than preparatory activities, which mark the initiation
of the change.
    "Best available control technology" or "BACT" means
an emissions limitation (including a visible emissions
standard) based on the maximum degree of reduction for each
regulated NSR pollutant which would be emitted from any proposed
major stationary source or major modification which the
Director, on a case-by-case basis, taking into account energy,
environmental, and economic impacts and other costs, determines
is achievable for such source or modification through
application of production processes or available methods,
systems, and techniques, including fuel cleaning or treatment
or innovative fuel combination techniques for control of such
pollutant. In no event shall application of BACT result in
emissions of any pollutant which would exceed the emissions
allowed by any applicable standard under 40 CFR parts 60 and
61. If the Director determines that technological or economic
limitations on the application of measurement methodology
to a particular emissions unit would make the imposition of
an emissions standard infeasible, a design, equipment, work
practice, operational standard or combination thereof, may be
prescribed instead to satisfy the requirement for the application
of BACT. Such standard shall, to the degree possible, set forth
the emissions reduction achievable by implementation of
such design, equipment, work practice or operation, and shall
provide for compliance by means which achieve equivalent results.
    "Clean coal technology" means any technology, including
technologies applied at the precombustion, combustion, or
post combustion stage, at a new or existing facility which will
achieve significant reductions in air emissions of sulfur dioxide
or oxides of nitrogen associated with the utilization of coal in
the generation of electricity, or process steam which was not in
widespread use as of November 15, 1990.
    "Clean coal technology demonstration project" means
a project using funds appropriated under the heading "Department
of Energy-Clean Coal Technology", up to a total amount
of $2,500,000,000 for commercial demonstration of clean coal
technology, or similar projects funded through appropriations
for the EPA. The Federal contribution for a qualifying project
shall be at least 20% of the total cost of the demonstration
project.
    "Commence" means, as applied to construction of a major
stationary source or major modification, that the owner or
operator has all necessary preconstruction approvals or permits
and either has:
         (A) begun, or caused to begin, a continuous program
of actual on-site construction of the source, to
be completed within a reasonable time; or,
         (B) entered into binding agreements or contractual
obligations, which cannot be cancelled or modified
without substantial loss to the owner or operator, to
undertake a program of actual construction of the
source to be completed within a reasonable time.
    "Construction" means any physical change or change
in the method of operation (including fabrication, erection,
installation, demolition, or modification of an emissions unit)
that would result in a change in emissions.
    "Continuous emissions monitoring system" or "CEMS" means
all of the equipment that may be required to meet the data
acquisition and availability requirements to sample,
condition (if applicable), analyze, and provide a record
of emissions on a continuous basis.
    "Continuous emissions rate monitoring system" or "CERMS" means
the total equipment required for the determination and recording
of the pollutant mass emissions rate (in terms of mass per unit of time).
    "Continuous parameter monitoring system" or "CPMS" means
all of the equipment necessary to meet the
data acquisition and availability requirements to monitor
process and control device operational parameters (for example,
control device secondary voltages and electric currents)
and other information (for example, gas flow rate, O₂, or CO₂
concentrations), and to record average operational parameter
value(s) on a continuous basis.
    "Electric utility steam generating unit" or "EUSGU"
means any steam electric generating unit that is constructed for
the purpose of supplying more than one-third of its potential
electric output capacity and more than 25 MW electrical output
to any utility power distribution system for sale. Any steam
supplied to a steam distribution system for the purpose of
providing steam to a steam-electric generator that would produce
electrical energy for sale is also considered in determining the
electrical energy output capacity of the affected facility.

Page 614
    "Emissions unit" means any part of a stationary source
that emits or would have the potential to emit any regulated
NSR pollutant and includes an EUSGU. There are two types of
emissions units as described in paragraphs (A) and (B) of this
definition.
         (A) A new emissions unit is any emissions unit that
is (or will be) newly constructed and that has existed
for less than 2 years from the date such emissions unit
first operated.
         (B) An existing emissions unit is any emissions
unit that does not meet the requirements in paragraph
(A) of this definition. A replacement unit is an existing
emissions unit.
    "Federal Land Manager" means with respect to any
lands in the United States, the Secretary of the department with
authority over such lands.
    "High terrain" means any area having an elevation 900
feet or more above the base of the stack of a source.
    "Innovative control technology" means any system of
air pollution control that has not been adequately demonstrated
in practice, but would have a substantial likelihood of achieving
greater continuous emissions reduction than any control
system in current practice or of achieving at least comparable
reductions at lower cost in terms of energy, economics, or
non-air quality environmental impacts.
    "Low terrain" means any area other than high terrain.
    "Major modification" means:
         (A) Any physical change in or change in the
method of operation of a major stationary source
that would result in a significant emissions increase
of a regulated NSR pollutant and a significant net
emissions increase of that pollutant from the major
stationary source is a major modification.
             (i) Any significant emissions increase from
any emissions units or net emissions increase at a
major stationary source that is significant for VOC
or NO_X shall be considered significant for ozone.
             (ii) A physical change or change in the method
of operation shall not include:
                 (I) routine maintenance, repair and replacement;
                 (II) use of an alternative fuel or raw material
by reason of any order under sections 2(a) and (b) of the Energy
Supply and Environmental Coordination Act of 1974 (or any
superseding legislation) or by reason of a natural
gas curtailment plan pursuant to the Federal Power Act;
                 (III) use of an alternative fuel by reason of
an order or rule under section 125 of the Act;
                 (IV) use of an alternative fuel at a steam
generating unit to the extent that the fuel is generated
from municipal solid waste;
                 (V) use of an alternative fuel or raw
Material by a stationary source which the source was
capable of accommodating before January 6, 1975,
(unless such change would be prohibited
under any enforceable permit condition which
was established after January 6, 1975) or the
source is approved to use under any permit issued
under 40 CFR 52.21 or OAC 252:100-7 or 252:100-8;
                 (VI) an increase in the hours of operation
or in the production rate, unless such change
would be prohibited under any federally enforceable
permit condition which was established after January 6, 1975;
                 (VII) any change in source ownership;
                 (VIII) the installation, operation, cessation,
or removal of a temporary clean coal technology demonstration
project, provided the project complies with OAC 252:100 and other
requirements necessary to attain and maintain the NAAQS during
the project and after it is terminated;
                 (IX) the installation or operation of a permanent
clean coal technology demonstration
project that constitutes repowering, provided
that the project does not result in an increase in
the potential to emit of any regulated pollutant
(on a pollutant-by-pollutant basis) emitted by the unit; or
                 (X) the reactivation of a very clean
coal-fired EUSGU.
         (B) This definition shall not apply with respect to
a particular regulated NSR pollutant when the major
stationary source is complying with the requirements
under OAC 252:100-8-38 for a PAL for that pollutant.
Instead, the definition of "PAL major modification" at
40 CFR 51.166(w)(2)(viii) shall apply.
    "Major stationary source" means
         (A) A major stationary source is:
             (i) any of the following stationary sources of
air pollutants which emits, or has the potential to
emit, 100 TPY or more of a regulated NSR pollutant:
                 (I) carbon black plants (furnace process),
                 (II) charcoal production plants,
                 (III) chemical process plants, (not including
ethanol production facilities that produce ethanol by natural
fermentation included in NAICS codes 325193 or 312140),
                 (IV) coal cleaning plants (with thermal dryers),
                 (V) coke oven batteries,
                 (VI) fossil-fuel boilers (or combination
thereof) totaling more than 250 million BTU per hour heat input,
                 (VII) fossil fuel-fired steam electric plants of
more than 250million BTU per hour heat input,
                 (VIII) fuel conversion plants,
                 (IX) glass fiber processing plants,
                 (X) hydrofluoric, sulfuric or nitric acid plants,
                 (XI) iron and steel mill plants,
                 (XII) kraft pulp mills,

Page 615
                 (XIII) lime plants,
                 (XIV) municipal incinerators capable of
charging more than 250 tons of refuse per day,
                 (XV) petroleum refineries,
                 (XVI) petroleum storage and transfer units
with a total storage capacity exceeding 300,000 barrels,
                 (XVII) phosphate rock processing plants,
                 (XVIII) portland cement plants,
                 (XIX) primary aluminum ore reduction plants,
                 (XX) primary copper smelters,
                 (XXI) primary lead smelters,
                 (XXII) primary zinc smelters,
                 (XXIII) secondary metal production plants,
                 (XXIV) sintering plants,
                 (XXV) sulfur recovery plants, or
                 (XXVI) taconite ore processing plants;
             (ii) any other stationary source not on the list
in (A)(i) of this definition which emits, or has the
potential to emit, 250 TPY or more of a regulated
NSR pollutant;
             (iii) any physical change that would occur at
a stationary source not otherwise qualifying as a
major stationary source under this definition if the
change would constitute a major stationary source
by itself.
         (B) A major source that is major for VOC or NO_X
shall be considered major for ozone.
         (C) The fugitive emissions of a stationary source
shall not be included in determining for any of the
purposes of this Part whether it is a major stationary
source, unless the source belongs to one of the following
categories of stationary sources:
             (i) the stationary sources listed in (A)(i) of this
definition;
             (ii) any other stationary source category which,
as of August 7, 1980, is being regulated under section
111 or 112 of the Act.
    "Necessary preconstruction approvals or permits"
means those permits or approvals required under all applicable
air quality control laws and rules.
    "Net emissions increase" means:
         (A) with respect to any regulated NSR pollutant
emitted by a major stationary source, the amount by
which the sum of the following exceeds zero:
             (i) the increase in emissions from a particular
physical change or change in the method of operation
at a stationary source as calculated pursuant to
OAC 252:100-8-30(b); and,
             (ii) any other increases and decreases in actual
emissions at the major stationary source that
are contemporaneous with the particular change
and are otherwise creditable. Baseline actual
emissions for calculating increases and decreases
under (A)(ii) of this definition shall be determined
as provided in the definition of "baseline actual
emissions", except that (B)(iii) and (C)(iv) of that
definition shall not apply.
         (B) An increase or decrease in actual emissions
is contemporaneous with the increase from the particular
change only if it occurs within 3 years before
the date that the increase from the particular change occurs.
         (C) An increase or decrease in actual emissions is
creditable only if:
             (i) it is contemporaneous; and
             (ii) the Director has not relied on it in issuing a
permit for the source under OAC 252:100-8, Part 7,
which permit is in effect when the increase in actual
emissions from the particular change occurs.
         (D) An increase or decrease in actual emissions
of sulfur dioxide, particulate matter, or nitrogen oxides
that occurs before the applicable minor source
baseline date is creditable only if it is required to be
considered in calculating the amount of maximum
allowable increases remaining available.
         (E) An increase in actual emissions is creditable
only to the extent that the new level of actual emissions
exceeds the old level.
         (F) A decrease in actual emissions is creditable
only to the extent that it meets all the conditions in
(F)(i) through (iii) of this definition.
             (i) It is creditable if the old level of actual
emissions or the old level of allowable emissions,
whichever is lower, exceeds the new level of actual
emissions.
             (ii) It is creditable if it is enforceable as a
practical matter at and after the time that actual
construction on the particular change begins.
             (iii) It is creditable if it has approximately the
same qualitative significance for public health and
welfare as that attributed to the increase from the
particular change.
         (G) An increase that results from a physical change
at a source occurs when the emissions unit on which
construction occurred becomes operational and begins
to emit a particular pollutant. Any replacement
unit that requires shakedown becomes operational
only after a reasonable shakedown period, not to exceed
180 days.
         (H) Paragraph (A) of the definition of "actual
emissions" shall not apply for determining creditable
increases and decreases.
    "Potential to emit" means the maximum capacity of a
stationary source to emit a pollutant under its physical and
operational design. Any physical or operational limitation
on the capacity of the source to emit a pollutant, including air
pollution control equipment and restrictions on hours of operation
or on the type or amount of material combusted, stored or
processed, shall be treated as part of its design if the limitation
or the effect it would have on emissions is enforceable. Secondary
emissions do not count in determining the potential to
emit of a stationary source

Page 616
    "Predictive emissions monitoring system" or "PEMS"
means all of the equipment necessary to monitor process and
control device operational parameters (for example, control
device secondary voltages and electric currents) and other
information (for example, gas flow rate, O₂, or CO₂ concentrations),
and calculate and record the mass emissions rate (for
example, lb/hr) on a continuous basis.
    "Prevention of Significant Deterioration (PSD) program"
means a major source preconstruction permit program
that has been approved by the Administrator and incorporated
into the plan to implement the requirements of 40 CFR 51.166,
or the program in 40 CFR 52.21. Any permit issued under such
a program is a major NSR permit.
    "Project" means a physical change in, or change in
method of operation of, an existing major stationary source.
    "Projected actual emissions" means
         (A) Projected actual emissions means the maximum
annual rate, in TPY, at which an existing
emissions unit is projected to emit a regulated NSR
pollutant in any one of the 5 years (12-month period)
following the date the unit resumes regular operation
after the project, or in any one of the 10 years
following that date, if the project involves increasing
the emissions unit's design capacity or its potential to
emit that regulated NSR pollutant, and full utilization
of the unit would result in a significant emissions
increase, or a significant net emissions increase at the
major stationary source.
         (B) In determining the projected actual emissions
under paragraph (A) of this definition (before beginning
actual construction), the owner or operator of the
major stationary source:
             (i) shall consider all relevant information,
including but not limited to, historical operational
data, the company's own representations,
the company's expected business activity and the
company's highest projections of business activity,
the company's filings with the State or Federal
regulatory authorities, and compliance plans under
the approved plan; and
             (ii) shall include fugitive emissions to
the extent quantifiable and emissions associated with
start-ups, shutdowns, and malfunctions; and
             (iii) shall exclude, in calculating any increase in
emissions that results from the particular project,
that portion of the unit's emissions following the
project that an existing unit could have accommodated
during the consecutive 24-month period
used to establish the baseline actual emissions and
that are also unrelated to the particular project,
including any increased utilization due to product
demand growth; or,
             (iv) in lieu of using the method set out in (B)(i)
through (iii) of this definition, may elect to use the
emissions unit's potential to emit, in TPY.
    "Reactivation of a very clean coal-fired electric utility
steam generating unit" means any physical change or change
in the method of operation associated with the commencement
of commercial operations by a coal-fired utility unit after a
period of discontinued operation where the unit:
         (A) has not been in operation for the two-year
period prior to the enactment of the Clean Air Act
Amendments of 1990, and the emissions from such
unit continue to be carried in the Department's emissions
inventory at the time of enactment;
         (B) was equipped prior to shutdown with a continuous
system of emissions control that achieves a
removal efficiency for sulfur dioxide of no less than 85%
and a removal efficiency for particulates of no less than 98%;
         (C) is equipped with low-NO_X burners prior to
the time of commencement of operations following
reactivation; and
         (D) is otherwise in compliance with the requirements
of the Act.
    "Regulated NSR pollutant" means
         (A) A regulated NSR pollutant is:
             (i) any pollutant for which a NAAQS has been
promulgated and any pollutant identified under
(A)(i) of this definition as a constituent or precursor
to such pollutant. Precursors identified by the
Administrator for purposes of NSR are the following:
                 (I) volatile organic compounds and nitrogen
oxides are precursors to ozone in all
attainment and unclassifiable areas.
                 (II) sulfur dioxide is a precursor to PM_2.5 in
all attainment and unclassifiable areas.
                 (III) nitrogen oxides are presumed to be
precursors to PM_2.5 in all attainment and
unclassifiable areas, unless the State demonstrates
to the EPA Administrator's satisfaction or EPA
demonstrates that emissions of nitrogen oxides
from sources in a specific area are not a significant
contributor to that area's ambient PM_2.5 concentrations.
                 (IV) volatile organic compounds are
presumed not to be precursors to PM_2.5 in any
attainment or unclassifiable area, unless the
State demonstrates to the EPA Administrator's
satisfaction or EPA demonstrates that emissions
of volatile organic compounds from sources in
a specific area are a significant contributor to
that area's ambient PM_2.5 concentrations.
             (ii) any pollutant that is subject to any standard
promulgated under section 111 of the Act;
             (iii) any Class I or II substance subject to a standard
promulgated under or established by title VI of the Act; or
             (iv) any pollutant that otherwise is "subject
to regulation" under the Act as defined in the
definition of "subject to regulation" in OAC 252:100-8-31;
             (v) PM emissions, PM_2.5 emissions, and PM₁₀
emissions shall include gaseous emissions from

Page 617
a source or activity which condense to form
particulate matter at ambient temperatures. Such
condensable particulate matter shall be accounted
for in applicability determinations and in
establishing emissions limitations for PM, PM_2.5,
and PM₁₀ in PSD permits.
         (B) Regulated NSR pollutant does not include:
             (i) any or all HAP either listed in section 112
of the Act or added to the list pursuant to section
112(b)(2) of the Act, which have not been delisted
pursuant to section 112(b)(3) of the Act, unless the
listed HAP is also regulated as a constituent or
precursor of a general pollutant listed under
section 108 of the Act; or
             (ii) any pollutant that is regulated under
section 112(r) of the Act, provided that such pollutant
is not otherwise regulated under the Act.
    "Replacement unit" means an emissions unit for which
all the criteria listed in paragraphs (A) through (D) of this
definition are met. No creditable emission reduction shall be
generated from shutting down the existing emissions unit that
is replaced.
         (A) The emissions unit is a reconstructed unit
within the meaning of 40 CFR 60.15(b)(1), or the
emissions unit completely takes the place of an existing
emissions unit.
         (B) The emissions unit is identical to or functionally
equivalent to the replaced emissions unit.
         (C) The replacement unit does not alter the basic
design parameter(s) of the process unit.
         (D) The replaced emissions unit is permanently
removed from the major stationary source, otherwise
permanently disabled, or permanently barred from
operating by a permit that is enforceable as a practical
matter. If the replaced emissions unit is brought back
into operation, it shall constitute a new emissions unit.
    "Repowering" means
         (A) Repowering shall mean the replacement of an
existing coal-fired boiler with one of the following
clean coal technologies: atmospheric or pressurized
fluidized bed combustion, integrated gasification
combined cycle, magnetohydrodynamics, direct and
indirect coal-fired turbines, integrated gasification
fuel cells, or as determined by the Administrator, in
consultation with the Secretary of Energy, a derivative
of one or more of these technologies, and any
other technology capable of controlling multiple
combustion emissions simultaneously with improved
boiler or generation efficiency and with significantly
greater waste reduction relative to the performance
of technology in widespread commercial use as of
November 15, 1990.
         (B) Repowering shall also include any oil and/or
gas-fired unit which has been awarded clean coal
technology demonstration funding as of January 1, 1991,
by the Department of Energy.
         (C) The Director shall give expedited consideration
to permit applications for any source that satisfies
the requirements of this definition and is granted an
extension under section 409 of the Act.
    "Significant" means:
         (A) In reference to a net emissions increase or the
potential of a source to emit any of the following pollutants,
a rate of emissions that would equal or exceed
any of the following significant emission rates:
             (i) carbon monoxide: 100 TPY,
             (ii) nitrogen oxides: 40 TPY,
             (iii) sulfur dioxide: 40 TPY,
             (iv) particulate matter: 25 TPY of particulate
matter emissions or 15 TPY of PM₁₀ emissions,
             (v) PM_2.5: 10 TPY of direct PM_2.5 emissions;
40 TPY of sulfur dioxide emissions; or 40 TPY
of nitrogen oxide emissions unless demonstrated
not to be a PM_2.5 precursor under the definition of
"regulated NSR pollutant",
             (vi) ozone: 40 TPY of VOC or NO_X,
             (vii) lead: 0.6 TPY,
             (viii) fluorides: 3 TPY,
             (ix) sulfuric acid mist: 7 TPY,
             (x) hydrogen sulfide (H₂S): 10 TPY,
             (xi) total reduced sulfur (including H₂S): 10 TPY,
             (xii) reduced sulfur compounds (including H₂S): 10 TPY,
             (xiii) municipal waste combustor organics
(measured as total tetra-through octa-chlorinated
dibenzo-p-dioxins and dibenzofurans): 3.5 x 10^-6 TPY,
             (xiv) municipal waste combustor metals (measured
as particulate matter): 15 TPY,
             (xv) municipal waste combustor acid gases
(measured as sulfur dioxide and hydrogen chloride): 40 TPY,
             (xvi) municipal solid waste landfill emissions
(measured as nonmethane organic compounds): 50 TPY.
         (B) Any emissions rate or any net emissions
increase associated with a major stationary source or
major modification which would construct within 6 miles
of a Class I area, and have an impact on such
area equal to or greater than 1 μg/m³ (24-hour average).
    "Significant emissions increase" means, for a regulated
NSR pollutant, an increase in emissions that is significant for
that pollutant.
    "Significant net emissions increase" means a significant
emissions increase and a net increase.
    "Stationary source" means any building, structure, facility
or installation which emits or may emit a regulated NSR pollutant.
    "Subject to regulation" means, for any air pollutant, that
the pollutant is subject to either a provision in the federal Clean
Air Act, or a nationally-applicable regulation codified by the
EPA Administrator in subchapter C of Chapter I of 40 CFR,
that requires actual control of the quantity of emissions of that
pollutant, and that such a control requirement has taken effect

Page 618
and is operative to control, limit, or restrict the quantity of
emissions of that pollutant released from the regulated activity.
Except that:
         (A) Greenhouse gases (GHG) shall not be subject
to regulation except as provided in (D) through (E) of
this definition.
         (B) For purposes of (C) through (E) of this definition,
the term TPY CO₂ equivalent emissions (CO₂e)
shall represent an amount of GHG emitted, and shall
be computed as follows:
             (i) NOT IN SIP
             (ii) Summing the resultant value from (B)(i)
of this definition for each gas to compute a TPY CO₂e.
         (C) The term emissions increase as used in (D)
through (E) of this definition shall mean that both a
significant emissions increase (as calculated using the
procedures in OAC 252:100-8-30(b)(1) through (5))
and a significant net emissions increase (as defined in
the definitions of "net emissions increase" and
"significant" in 252:100-8-31) occur. For the pollutant
GHG, an emissions increase shall be based on TPY
CO₂e, and shall be calculated assuming the pollutant
GHG is a regulated NSR pollutant, and "significant"
is defined as 75,000 TPY CO₂e and the emissions
are otherwise subject to regulation as previously
described in this definition.
         (D) Beginning January 2, 2011, the pollutant GHG
is subject to regulation if it meets the other requirements
of this definition and if:
             (i) The stationary source is a new major
stationary source for a regulated NSR pollutant that
is not GHG, and also will emit or will have the
potential to emit 75,000 TPY CO₂e or more; or
             (ii) The stationary source is an existing major
stationary source for a regulated NSR pollutant
that is not GHG, and also will have an emissions
increase of a regulated NSR pollutant, and an
emissions increase of 75,000 TPY CO₂e or more.
         (E) NOT IN SIP
         (F) If federal legislation or a federal court stays,
invalidates, delays the effective date, or otherwise
renders unenforceable by the EPA, in whole or in part,
the EPA's tailoring rule (75 FR 31514, June 3, 2010),
endangerment finding (74 FR 66496, December 15, 2009),
or light-duty vehicle greenhouse gas emission
standard (75 FR 25686, May 7, 2010), this definition
shall be enforceable only to the extent that it is
enforceable by the EPA.
    "Temporary clean coal technology demonstration project"
means a clean coal technology demonstration project
that is operated for a period of 5 years or less, and which
complies with the Oklahoma Air Pollution Control Rules in OAC
252:100 and other requirements necessary to attain and/or
maintain the NAAQS during and after the project is terminated.

***end OK OAC 252:100-8-31***EPA-R06-OAR-2014-0221***OK023***OKd18***x8a***


7-252:100-8-32.1.  Ambient air increments and ceilings.     6/15/2006 4
As adopted in the Oklahoma Register June 1, 2006 (23 Ok Reg 1718) effective June 15, 2006,
submitted to EPA July 16, 2010 (OK-38),
Regulations.gov document EPA-R06-OAR-2014-0221-0004 [OK023.04].
Approved by EPA September 28, 2016 (81 FR 66532) effective October 28, 2016 (OKd18),
Regulations.gov docket EPA-R06-OAR-2014-0221 [OK023].

Page 1718 [Oklahoma Register June 1, 2006 (23 Ok Reg 1718)]

252:100-8-32.1. Ambient air increments and ceilings.

(a) Ambient air increments. Increases in pollutant concentration
over the baseline concentration in Class I. IT. or ill areas
shall be limited to those listed in OAC 252:100-3-4 regarding
significant deterioration increments.
(b) Ambient air ceilings. No concentration of a pollutant
shall exceed whichever of the following concentrations is lowest
for the pollutant for a period of exposure:
    (1) the concentration allowed under the secondary NAAOS, or
    (2) the concentration permitted under the primary NAAQS.

***end OK OAC 252:100-8-32.1***EPA-R06-OAR-2014-0221***OK023***OKd18***x88***


7-252:100-8-32.2.  Exclusion from increment consumption.     6/15/2006 4
As adopted in the Oklahoma Register June 1, 2006 (23 Ok Reg 1718) effective June 15, 2006,
submitted to EPA July 16, 2010 (OK-38),
Regulations.gov document EPA-R06-OAR-2014-0221-0004 [OK023.04].
Approved by EPA September 28, 2016 (81 FR 66532) effective October 28, 2016 (OKd18),
Regulations.gov docket EPA-R06-OAR-2014-0221 [OK023].

Page 1718 [Oklahoma Register June 1, 2006 (23 Ok Reg 1718)}

252:100-8-32.2. Exclusion from increment consumption.

    The following cases are excluded from increment consumption.
    (1) Concentrations from an increase in emissions from
any stationary source converting from the use of petroleum
products, natural gas, or both by reason of any order under
sections 2(a) and (b) of the Energy Supply and Environmental
Coordination Act of 1974 (or any superseding
legislation), or by reason of a natural gas curtailment plan
pursuant to the Federal Power Act shall be excluded.
        (A) Such exclusion is limited to five years after the
effective date of the order or plan whichever is applicable.
        (B) If both an order and a plan are applicable, the
exclusion shall not apply more than five years after
the later of the effective dates.
    (2) Emissions of particulate matter from construction
or other temporary emission-related activities of new or
modified sources shall be excluded.
    (3) A temporary increase of sulfur dioxide, particulate
Matter, or nitrogen oxides from any stationary source by
order or authorized variance shall be excluded. For purposes
of this exclusion any such order or variance shall:
        (A) specify the time over which the temporary
emissions increase would occur (not to exceed 2
years in duration unless a longer time is approved by
the Director);
        (B) specify that the exclusion is not renewable;
        {C) allow no emissions increase from a stationarv
source which would impact a Class I area or an area
where an applicable increment is known to be violated
or cause or contribute to the violation of a NAAQS; and
        (D) require limitations to be in effect by the end of
the time period specified in such order or variance,
which would ensure that the emissions levels from
the stationary source affected would not exceed those
levels occurring from such source before the order or
variance was issued.

***end OK OAC 252:100-8-32.2***EPA-R06-OAR-2014-0221***OK023***OKd18***x8a***


7-252:100-8-32.3.  Stack heights.     6/15/2006 4
As adopted in the Oklahoma Register June 1, 2006 (23 Ok Reg 1718) effective June 15, 2006,
submitted to EPA July 16, 2010 (OK-38),
Regulations.gov document EPA-R06-OAR-2014-0221-0004 [OK023.04].
Approved by EPA September 28, 2016 (81 FR 66532) effective October 28, 2016 (OKd18),
Regulations.gov docket EPA-R06-OAR-2014-0221 [OK023].

Page 1718

252:100-8-32.3. Stack heights.

(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.
(b) OAC 252: 100-8-32.3(a) shall not apply with respect to
stack heights in existence before December 31, 1970, or to
dispersion techniques implemented before then.

***end OK OAC 252:100-8-32.3***EPA-R06-OAR-2014-0221***OK023***OKd18***x88***


7-252:100-8-33.    Exemptions.     7/1/2012 9
252:100-8-33 Exemptions 7/1/2012 9/28/2016, 81 FR 66535
As adopted in the Oklahoma Register May 15, 2012 (29 Ok Reg 618-619) effective July 1, 2012,
submitted to EPA January 18, 2012 (OK-46),
Regulations.gov document EPA-R06-OAR-2014-0221-0009 [OK023.09].
Approved by EPA September 28, 2016 (81 FR 66532) effective October 28, 2016 (OKd18),
Regulations.gov docket EPA-R06-OAR-2014-0221 [OK023].

SIP does not include OAC 252:100-8-33(c)(1)(C) effective on 7/1/2011 and submitted 2/6/2012.

Page 618 right column [Oklahoma Register June 15, 2012 (29 Ok Reg 990)]

252:100-8-33. Exemptions

(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.
     (2) The requirements in OAC 252:100-8-34 through
252:100-8-36.2 do not apply to a major stationary source
Or major modification with respect to a particular pollutant
if the owner or operator demonstrates that the source or
modification is located in an area designated as nonattainment
for that pollutant under section 107 of the Act.

(b) Exemption from air quality impact analyses in OAC
252:100-8-35(a) and (c) and 252:100-8-35.2.
     (1) The requirements of OAC 252:100-8-35(a) and
(c) and 252:100-8-35.2 are not applicable with respect to
a particular pollutant, if the allowable emissions of that
pollutant from a new source, or the net emissions increase
of that pollutant from a modification, would be temporary
and impact no Class I area and no area where an applicable
increment is known to be violated.
     (2) The requirements of OAC 252:100-8-35(a) and (c)
and 252:100-8-35.2 as they relate to any PSD increment
for a Class II area do not apply to a modification of a major
stationary source that was in existence on March 1, 1978,
if the net increase in allowable emissions of each regulated
NSR pollutant from the modification after the application
of BACT, would be less than 50 TPY.

(c) Exemption from air quality analysis requirements in
OAC 252:100-8-35(c).
     (1) The monitoring requirements of OAC 252:100-8-35(c)
regarding air quality analysis are not applicable
for a particular pollutant if the emission increase of the
pollutant from a proposed major stationary source or the
net emissions increase of the pollutant from a major modification
would cause, in any area, air quality impacts less
than the following significant monitoring concentrations (SMC):
         (A) Carbon monoxide - 575 μg/m³, 8-hour average,
         (B) Nitrogen dioxide - 14 μg/m³, annual average,
         (C) PM_2.5 - 4 μg/m³, 24-hour average,  NOT IN SIP
         (D) PM₁₀ - 10 μg/m³, 24-hour average,
         (E) Sulfur dioxide - 13 μg/m³, 24-hour average,
         (F) Ozone - no de minimis air quality level is provided
for ozone, however any net increase of 100 TPY
or more of VOC or NO_X subject to PSD would require
an ambient impact analysis, including the gathering
of ambient air quality data,
         (G) Lead - 0.1 μg/m³, 24-hour 3-month average,
         (H) Fluorides - 0.25 μg/m³, 24-hour average,
         (I) Total reduced sulfur - 10 μg/m³, 1-hour average,
         (J) Hydrogen sulfide - 0.2 μg/m³, 1-hour average, or
         (K) Reduced sulfur compounds - 10 μg/m³, 1-hour average.
     (2) The monitoring requirements of OAC 252:100-8-35(c)
are not applicable for a particular pollutant if the pollutant
is not listed in preceding OAC 252:100-8-33(c)(1).

(d) Exemption from monitoring requirements in OAC
252:100-8-35(c)(1)(B) and (D).
     (1) The requirements for air quality monitoring in
OAC 252:100-8-35(c)(1)(B) and (D) shall not apply to
a particular source or modification that was subject to
40 CFR 52.21 as in effect on June 19, 1978, if a permit
application was submitted on or before June 8, 1981, and
the Director subsequently determined that the application
was complete except for the requirements in OAC
252:100-8-35(c)(1)(B) and (D). Instead, the requirements
in 40 CFR 52.21(m)(2) as in effect on June 19, 1978, shall
apply to any such source or modification.
     (2) The requirements for air quality monitoring in
OAC 252:100-8-35(c)(1)(B) and (D) shall not apply to a
particular source or modification that was not subject to
40 CFR 52.21 as in effect on June 19, 1978, if a permit
application was submitted on or before June 8, 1981, and
the Director subsequently determined that the application
as submitted was complete, except for the requirements in
OAC 252:100-8-35(c)(1)(B) and (D).

(e) Exemption from the preapplication analysis required
by OAC 252:100-8-35(c)(1)(A), (B), and (D).
     (1) The Director shall determine if the requirements
for air quality monitoring of PM₁₀ in OAC
252:100-8-35(c)(1)(A), (B), and (D) may be waived
for a particular source or modification when an application
for a PSD permit was submitted on or before June l, 1988,
and the Director subsequently determined that the
application, except for the requirements for monitoring
particulate matter under OAC 252:100-8-35(c)(1)(A), (B),
and (D), was complete before that date.
     (2) The requirements for air quality monitoring
of PM₁₀ in OAC 252:100-8-35(c)(1)(B)(i),
252:100-8-35(c)(1)(D), and 252:100-8-35(c)(3) shall apply
to a particular source or modification if an application
for a permit was submitted after June l, 1988, and no later
than December 1, 1988. The data shall have been gathered
over at least the period from February l, 1988, to the date
the application became otherwise complete in accordance
with the provisions of OAC 252:100-8-35(c)(1)(C), except
that if the Director determines that a complete and
adequate analysis can be accomplished with monitoring
data over a shorter period (not to be less than 4 months),
the data required by OAC 252:100-8-35(c)(1)(B)(ii) shall
have been gathered over that shorter period.

(f) Exemption from BACT requirements and air quality
analyses requirements. If a complete permit application for
a source or modification was submitted before August 7, 1980
the requirements for BACT in OAC 252:100-8-34 and the
requirements for air quality analyses in OAC 252:100-8-35(c)(1)
are not applicable to a particular stationary source or modification
that was subject to 40 CFR 52.21 as in effect on June 19, 1978.
Instead, the federal requirements at 40 CFR 52.21(j)
and (n) as in effect on June 19, 1978, are applicable to any such
source or modification.

(g) Exemption from OAC 252:100-8-35(a)(1)(B). The
permitting requirements of OAC 252:100-8-35(a)(1)(B) do not
apply to a stationary source or modification with respect to any
PSD increment for nitrogen oxides if the owner or operator of
the source or modification submitted a complete application
for a permit before February 8, 1988.

***end OK OAC 252:100-8-33***EPA-R06-OAR-2014-0221***OK023***OKd18***x8a***


7-252:100-8-34.    Control technology review.     6/15/2006 4
As adopted in the Oklahoma Register June 1, 2006 (23 Ok Reg 1720) effective June 15, 2006,
submitted to EPA July 16, 2010 (OK-38),
Regulations.gov document EPA-R06-OAR-2014-0221-0004 [OK023.04].
Approved by EPA September 28, 2016 (81 FR 66532) effective October 28, 2016 (OKd18),
Regulations.gov docket EPA-R06-OAR-2014-0221 [OK023].

Page 1720

252:100-8-34. Control technology review.

(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.

***end OK OAC 252:100-8-34***EPA-R06-OAR-2014-0221***OK023***OKd18***x88***


7-252:100-8-35.    Air quality impact evaluation.     7/1/2011 8
As adopted in the Oklahoma Register June 15, 2011 (28 OkReg 1198-1199) effective July 1, 2011,
submitted to EPA February 6, 2012 (OK-44),
Regulations.gov document EPA-R06-OAR-2014-0221-0008 [OK023.08].
Approved by EPA September 28, 2016 (81 FR 66532) effective October 28, 2016 (OKd18),
Regulations.gov docket EPA-R06-OAR-2014-0221 [OK023].

SIP does not include OAC 252:100-8-35(a)(2) effective on 7/1/2011 and submitted 2/6/2012.

Page 1198 [Oklahoma Register June 15, 2011 (28 OkReg 1198)]

252:100-8-35. Air quality impact evaluation

 (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.
    (2) NOT IN SIP

(b) Air quality models.
    (1) All estimates of ambient concentrations required
under this Part shall be based on the applicable air quality
models, data bases, and other requirements specified
in appendix W of 40 CFR 51 (Guideline on Air Quality
Models) as it existed on January 2, 2006.
    (2) Where an air quality model specified in appendix W
of 40 CFR 51 (Guideline on Air Quality Models) as it existed
on January 2, 2006, is inappropriate, the model may
be modified or another model substituted, as approved by
the Administrator. Such a modification or substitution of
a model may be made on a case-by-case basis or, where
appropriate, on a generic basis. Modified or substitute
models shall be submitted to the Administrator with
written concurrence of the Director. In addition, use of a
modified or substituted model must be subject to notice
and opportunity for public comment under procedures set
forth in Sec. 51.102 as it existed on January 2, 2006.

(c) Air quality analysis.
    (1) Preapplication analysis.
        (A) Ambient air quality analysis. Any application
for a permit under this Part shall contain, as the
Director determines appropriate, an analysis of ambient
air quality in the area that the major stationary
source or major modification would affect for each of
the following pollutants:
            (i) for a new source, each regulated pollutant
that it would have the potential to emit in a significant
amount;

Page 1199
            (ii) for a major modification, each regulated
pollutant for which it would result in a significant
net emissions increase.
        (B) Monitoring requirements.
            (i) Non-NAAQS pollutants. For any such
pollutant for which no NAAQS exists, the analysis
shall contain such air quality monitoring data as
the Director determines is necessary to assess the
ambient air quality for that pollutant in that area.
            (ii) NAAQS pollutants. For visibility and any
Pollutant, other than VOC, for which a NAAQS
does exist, the analysis shall contain continuous
air quality monitoring data gathered to determine
if emissions of that pollutant would cause or
contribute to a violation of the NAAQS or any PSD
increment.
        (C) Monitoring method. With respect to any
Requirements for air quality monitoring PM₁₀
under OAC 252:100-8-33(e)(1) and (2), the owner
or operator of the source or modification shall use
a monitoring method approved by the Director and
shall estimate the ambient concentrations of PM_l0 
using the data collected by such approved
monitoring method in accordance with estimating
procedures approved by the Director.
        (D) Monitoring period. In general, the required
continuous air monitoring data shall have been gathered
over a period of up to one year and shall represent
the year preceding submission of the application.
Ambient monitoring data gathered over a period
shorter than one year (but no less than four months)
or for a time period other than immediately preceding
the application may be acceptable if such data
are determined by the Director to be within the time
period that maximum pollutant concentrations would
occur, and to be complete and adequate for determining
whether the source or modification will cause or
contribute to a violation of any applicable NAAQS
or consume more than the remaining available PSD
increment.
        (E) Monitoring period exceptions.
            (i) Exceptions for applications that
became effective between June 8, 1981, and
February 9, 1982. For any application which
became complete except for the monitoring
requirements of OAC 252:100-8-35(c)(1)(B)(ii)
and 252:100-8-35(c)(1)(D), between June 8, 1981,
and February 9. 1982, the data that
252:100-8-35(c)(1)(B)(ii) requires shall have
been gathered over the period from February 9, 1981,
to the date the application became otherwise
complete, except that:
                (I) If the source or modification would
have been major for that pollutant under 40 CFR 52.21
as in effect on June 19, 1978, any
monitoring data shall have been gathered over
the period required by those regulations.
                 (II) If the Director determines that a
complete and adequate analysis can be accomplished
with monitoring data over a shorter
period, not to be less than four months, the data
that OAC 252:100-8-35(c)(1)(B)(ii) requires
shall have been gathered over that shorter period.
                 (III) If the monitoring data would relate
exclusively to ozone and would not have been
required under 40 CFR 52.21 as in effect on
June 19, 1978, the Director may waive the
otherwise applicable requirements of OAC
252:100-8-35(c)(1)(E)(i) to the extent that the
applicant shows that the monitoring data would
be unrepresentative of air quality over a full
year.
            (ii) Monitoring period exception for PM₁₀.
For any application that became complete, except for the
Requirements of OAC 252:100-8-35(c)(1)(B)(ii) and
252:100-8-35(c)(1)(D) pertaining to monitoring
of PM₁₀, after December 1, 1988,
and no later than August 1, 1989, the data that
252:100-8-35(c)(1)(B)(ii) requires shall have
been gathered over at least the period from
August 1, 1988, to the date the application becomes
otherwise complete, except that if the Director
determines that a complete and adequate analysis
can be accomplished with monitoring data over a
shorter period (not less than 4 months), the data
that 252:100-8-35(c)(1)(B)(ii) requires shall have
been gathered over that shorter period.
        (F) Ozone post-approval monitoring. The owner
or operator of a proposed major stationary source or
major modification of VOC who satisfies all conditions
of OAC 252:100-8-54 and 40 CFR 51, Appendix S,
Section IV as it existed on January 16, 1979, may
provide post-approval monitoring data for ozone in
lieu of providing preconstruction data as required
under OAC 252:100-8-35(c)(1).
    (2) Post-construction monitoring. The owner or
operator of a new major stationary source or major
modification shall conduct, after construction, such ambient
monitoring and visibility monitoring as the Director
determines is necessary to determine the effect its emissions
may have, or are having, on air quality in any area.
    (3) Operation of monitoring stations. The operation
of monitoring stations for any air quality monitoring
required under this Part shall meet the requirements of
40 CFR 58 Appendix B as it existed January 2, 2006.

***end OK OAC 252:100-8-35***EPA-R06-OAR-2014-0221***OK023***OKd18***x89***


7-252:100-8-35.1.  Source information.     6/15/2006 4
As adopted in the Oklahoma Register June 1, 2006 (23 Ok Reg 1722) effective June 15, 2006,
submitted to EPA July 16, 2010 (OK-38),
Regulations.gov document EPA-R06-OAR-2014-0221-0004 [OK023.04].
Approved by EPA September 28, 2016 (81 FR 66532) effective October 28, 2016 (OKd18),
Regulations.gov docket EPA-R06-OAR-2014-0221 [OK023].

Page 1722

252:100-8-35.1. Source information

(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.

***end OK OAC 252:100-8-35.1***EPA-R06-OAR-2014-0221***OK023***OKd18***x88***


7-252:100-8-35.2.  Additional impact analyses.     6/15/2006 4
As adopted in the Oklahoma Register June 1, 2006 (23 Ok Reg 1723) effective June 15, 2006,
submitted to EPA July 16, 2010 (OK-38),
Regulations.gov document EPA-R06-OAR-2014-0221-0004 [OK023.04].
Approved by EPA September 28, 2016 (81 FR 66532) effective October 28, 2016 (OKd18),
Regulations.gov docket EPA-R06-OAR-2014-0221 [OK023].

Page 1723

252:100-8-35.2. Additional impact analyses.

(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.

***end OK OAC 252:100-8-35.2***EPA-R06-OAR-2014-0221***OK023***OKd18***x88***


7-252:100-8-36.    Source impacting Class I areas.     6/15/2006 4
As adopted in the Oklahoma Register June 1, 2006 (23 Ok Reg 1723) effective June 15, 2006,
submitted to EPA July 16, 2010 (OK-38),
Regulations.gov document EPA-R06-OAR-2014-0221-0004 [OK023.04].
Approved by EPA September 28, 2016 (81 FR 66532) effective October 28, 2016 (OKd18),
Regulations.gov docket EPA-R06-OAR-2014-0221 [OK023].

Page 1723

252:100-8-36. Source impacting Class I areas.

(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.
{c) Visibility analysis. Any analysis performed by the Federal
Land Manager shall be considered by the Director provided
that the analysis is filed with the DEQ within 30 days of
receipt of the application by the Federal Land Manager. Where
the Director finds that such an analysis does not demonstrate to
the satisfaction of the Director that an adverse impact on visibility
will result in the Federal Class I area, the Director will,
in any notice of public hearing on the permit application, either
explain the decision or give notice as to where the explanation
can be obtained.
(d) Permit denial. Upon presentation of good and sufficient
information by a Federal Land Manager, the Director may deny
the issuance of a permit for a source, if the emissions will
adversely impact areas categorized as Class I areas even though
the emissions would not cause the increment for such Class I
areas to be exceeded.

***end OK OAC 252:100-8-36***EPA-R06-OAR-2014-0221***OK023***OKd18***x89***


7-252:100-8-36.2.  Source obligation.     6/15/2006 4
As adopted in the Oklahoma Register June 1, 2006 (23 Ok Reg 1723) effective June 15, 2006,
submitted to EPA July 16, 2010 (OK-38),
Regulations.gov document EPA-R06-OAR-2014-0221-0004 [OK023.04].
Approved by EPA September 28, 2016 (81 FR 66532) effective October 28, 2016 (OKd18),
Regulations.gov docket EPA-R06-OAR-2014-0221 [OK023].

Page 1723

252:100-8-36.2. Source obligation.

(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) when the owner or operator elects to
use the method specified in (B)(i) through (iii) of the definition
of "projected actual emissions" 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;

Page 1724 left column
        (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" and an
explanation for why such amount was excluded, and
any netting calculations, if applicable.
    (2) If the emissions unit is an existing EUSGU, before
beginning actual construction. the owner or operator
shall provide a copy of the information set out in OAC
252:100-8-36.2(c)(l) to the Director. Nothing in OAC
252: 100-8-36.2(c)(2) shall be construed to require the
owner or operator of such a unit to obtain any determination
from the Director before beginning actual construction.
    (3) The owner or operator shall monitor the emissions
of any regulated NSR pollutant that could increase as a result
of the project and that is emitted by any emissions unit
identified in OAC 252:100-8-36.2(c)(1)(B); and calculate
and maintain a record of the annual emissions, in TPY on
a calendar year basis, for a period of 5 years following
resumption of regular operations after the change, or for a
period of 10 years following resumption of regular operations
after the change if the project increases the design
capacity or potential to emit of that regulated NSR pollutant
at such emissions unit.
    (4) If the unit is an existing EUSGU, the owner or
Operator shall submit a report to the Director within 60 days
after the end of each year during which records must be
generated under OAC 252:100-8-36.2(c)(3) setting out the
unit's annual emissions during the calendar year that preceded
submission of the report.
    (5) If the unit is an existing unit other than an EUSGU,
the owner or operator shall submit a report to the Director
if the annual emissions, in TPY, from the project identified
in OAC 252:100-8-36.2(c)(l), exceed the baseline actual
emissions (as documented and maintained pursuant to
252:100-8-36.2(c)(l)(C}) by an amount that is significant
for that regulated NSR pollutant and if such emissions differ
from the preconstruction projection as documented and
maintained pursuant to 252:1 00-8-36.2(c)(l)(C}. Such report
shall be submitted to the Director within 60 days after
the end of such year. The report shall contain the following:
        (A) The name, address and telephone number of
the major stationary source;
        (B) The annual emissions as calculated pursuant to
OAC 252:100-8-36.2(c)(3); and
        (C) Any other information that the owner or operator
wishes to include in the report (e.g.. an explanation
as to why the emissions differ from the preconstruction
projection).
    (6) The owner or operator of the source shall make the
information required to be documented and maintained

Page 1724 right column

pursuant to OAC 252:100-8-36.2(c) available for review
upon request for inspection by the Director or the general
public.
    (7) The requirements of OAC 252:100-8-34 through
252:100-8-36.2 shall apply as if construction has not yet
commenced at any time that a project is determined to be
a major modification based on any credible evidence, including
but not limited to emissions data produced after
the project is completed. In any such case, the owner or
operator may be subject to enforcement for failure to obtain
a PSD permit prior to beginning actual construction.
    (8) If an owner or operator materially fails to comply
with the provisions of OAC 252:100-8-36.2(c), then the
calendar year emissions are presumed to equal the source's
potential to emit.
252:100-8-37. Innovative control technology

***end OK OAC 252:100-8-36.2***EPA-R06-OAR-2014-0221***OK023***OKd18***x88***


7-252:100-8-37.    Innovative control technology.     6/1/2009 3
As adopted in the Oklahoma Register May 15, 2009 (26 Ok Reg 1160)
effective July 1, 2009 [NOT June 1, 2009 as pulished in the final rule
Federal Register and codified in the table in 40 CFR 52.1920(c)],
submitted to EPA June 24, 2010 (OK-36),
Regulations.gov document EPA-R06-OAR-2014-0221-0003 [OK023.03].
Approved by EPA September 28, 2016 (81 FR 66532) effective October 28, 2016 (OKd18),
Regulations.gov docket EPA-R06-OAR-2014-0221 [OK023].

Page 1160 [Oklahoma Register May 15, 2009 (26 Ok Reg 1160)]

252:100-8-37. Innovative control technology.

(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:

Page 1161
    (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.

(c) The Director shall withdraw approval to employ a
system of innovative control technology made under OAC
252:100-8-37, if:
    (1) The proposed system fails by the specified date to
achieve the required continuous emissions reduction rate; or,
    (2) The proposed system fails before the specified date
so as to contribute to an unreasonable risk to public health,
welfare or safety; or,
    (3) The Director decides at any time that the proposed
system is unlikely to achieve the required level of control
or to protect the public health, welfare or safety.

(d) If a source or modification fails to meet the required level
of continuous emissions reduction within the specified time
period, or if the approval is withdrawn in accordance with OAC
252:100-8-37(c), the Director may allow the source or modification
up to an additional 3 years to meet the requirement for
application of BACT through the use of a demonstrated system
of control.

***end OK OAC 252:100-8-37***EPA-R06-OAR-2014-0221***OK023***OKd18***x8a***


7-252:100-8-38.    Actuals PAL.     6/1/2009 3
As adopted in the Oklahoma Register May 15, 2009 (26 Ok Reg 1161)
effective July 1, 2009 [NOT June 1, 2009 as pulished in the final rule
Federal Register and codified in the table in 40 CFR 52.1920(c)],
submitted to EPA June 24, 2010 (OK-36),
Regulations.gov document EPA-R06-OAR-2014-0221-0003 [OK023.03].
Approved by EPA September 28, 2016 (81 FR 66532) effective October 28, 2016 (OKd18),
Regulations.gov docket EPA-R06-OAR-2014-0221 [OK023].

Page 1161 [Oklahoma Register May 15, 2009 (26 Ok Reg 1161)]

252:100-8-38. Actuals PAL.

(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 OAC252:100-1-3.

***end OK OAC 252:100-8-38***EPA-R06-OAR-2014-0221***OK023***OKd18***x8a***


7-252:100-8-39.    Severability.     6/15/2006 4
As adopted in the Oklahoma Register June 1, 2006 (23 Ok Reg 1725) effective June 15, 2006,
submitted to EPA July 16, 2010 (OK-38),
Regulations.gov document EPA-R06-OAR-2014-0221-0004 [OK023.04].
Approved by EPA September 28, 2016 (81 FR 66532) effective October 28, 2016 (OKd18),
Regulations.gov docket EPA-R06-OAR-2014-0221 [OK023].

Page 1725

252:100-8-39. Severability.

     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 therebv.

***end OK OAC 252:100-8-39***EPA-R06-OAR-2014-0221***OK023***OKd18***x88***

*end OK OAC 252:100 Subchapter 8 Part 7*EPA-R06-OAR-2014-0221*OK023*OKd18*x88*