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Oklahoma Chapter 100, Subchapter 8, Permits for Part 70 Sources, Part 9, Major Sources Affecting Nonattainment Areas, SIP effective October 28, 2016 (OKd18) and May 11, 2020 (OKd29)

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

SUBCHAPTER 8.  PERMITS FOR PART 70 SOURCES

PART 9.  MAJOR SOURCES AFFECTING NONATTAINMENT 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],
and revision to 252:100-8-51.1 approved by EPA April 10, 2020 (85 FR 20178) SIP effective May 11, 2020 (OKd29),
Regulations.gov docket EPA-R06-OAR-2018-0208 [OK029].

Outline:
In this outline and in the section titles below, the date is the Oklahoma effective date and the number following the date in the last digit of the EPA-R06-OAR-2014-0221-000x document ID that contains the Oklahoma submittal with the revision.
252:100-8-50.    Applicability.     7/1/2009 3
252:100-8-50.1.  Incorporation by reference.     7/1/2011 8
252:100-8-51.    Definitions.     7/1/2011 8
252:100-8-51.1.  Emission reductions and offsets. 7/1/2012 9 SIP effective October 28, 2016 (OKd18) to May 10, 2020
252:100-8-51.1.  Emission reductions and offsets. SIP effective  May 11, 2020 (OKd29)
252:100-8-52.    Applicability determination for sources in attainment areas causing or
                 contributing to NAAQS violations.     7/1/2011 8
252:100-8-53.    Exemptions.     7/1/2009 3
252:100-8-54.    Requirements for sources located in nonattainment areas.     6/15/2006 4
252:100-8-54.1.  Ozone and PM10 precursors.     7/1/2009 3
252:100-8-55.    Source obligation.     7/1/2009 3
252:100-8-56.    Actuals PALs.     7/1/2009 3
252:100-8-57.    Severability.     6/15/2006 4


9-252:100-8-50.    Applicability.     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)]

252:100-8-50. Applicability.

(a) General applicability.
    (1) The requirements of this Part shall apply to the
construction of any new major stationary source or major
modification which would locate in or affect a nonattainment
area located in Oklahoma, designated under section
107(d)(1)(A)(i) of the Act, if the stationary source or
modification is major for the pollutant for which the area is
designated nonattainment.
    (2) The requirements of OAC 252:100-8, Parts I, 3,
and 5 also apply to the construction of any new major
stationary source or major modification.
    (3) In addition, the requirements of a PSD review
(OAC 252:100-8, Part 7) would be applicable if any regulated
NSR pollutant other than the nonattainment pollutant is
emitted in significant amounts by that source or modification.
(b) Major modification.
    (1) Major modification applicability determination.
       (A) Except as otherwise provided in OAC
252:100-8-50(c), and consistent with the definition
of "major modification" contained in OAC
252:100-8-51, 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.

Page 1162
    (2) Calculating significant emissions increase and
significant net emissions increase. The procedure for
calculating whether a significant emissions increase will
occur depends upon the type of emissions unite(s) being
modified, according to OAC 252:100-8-50(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"
in OAC 252:100-8-50.1 and 252:100-8-51. 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, as applicable, 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 252:100-8-50(b)(3)
and (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.
(c) Plantwide applicability limitation (PAL). Major
stationary sources seeking to obtain or maintain a PAL
shall comply with requirements under OAC 252:100-8-56.
***end OK OAC 252:100-8-50***EPA-R06-OAR-2014-0221***OK023***OKd18***x8a***


9-252:100-8-50.1.  Incorporation by reference.     7/1/2011 8
As adopted in the Oklahoma Register June 15, 2011 (28 OkReg 1199-1200) 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].

Page 1199, bottom right column [Oklahoma Register June 15, 2011 (28 OkReg 1199)]

252:100-8-50.1. Incorporation by reference.

(a) Inclusion of CFR citations and definitions. When a
provision of Title 40 of the Code of Federal Regulations (40 CFR)
is incorporated by reference, all citations contained
therein are also incorporated by reference.
(b) Terminology related to 40 CFR. When these terms
are used in rules incorporated by reference from 40 CFR, the
following terms or definitions shall apply.
    (1) "Baseline actual emissions" is synonymous with
the definition of "baseline actual emissions" in OAC
252:100-8-31.
    (2) "Building, structure, facility, or installation" is
synonymous with the definition of "building, structure,
facility, or installation" in OAC 252:100-1-3.
    (3) "EPA" is synonymous with Department of Environmental
Quality (DEQ) unless the context clearly indicates otherwise.
    (4) "Major modification" is synonymous with the definition
of "major modification" in OAC 252:100-8-51.
    (5) "Net emissions increase" is synonymous with the
definition of "net emissions increase" in OAC 252:100-8-51.
    (6) "Regulated NSR pollutant" is synonymous with the
definition of "regulated NSR pollutant" in OAC 252:100-8-51.
    (7) "Reviewing authority" is synonymous with "Director".
    (8) "Secondary emissions" is synonymous with the definition
of "secondary emissions" in OAC 252:100-8-1.1.
    (9) "State implementation plan" is synonymous with OAC 252:100.
    (10) "Volatile organic compound (VOC)" is synonymous
with the definition of "volatile organic compound"
or "VOC" in OAC 252:100-1-3.
***end OK OAC 252:100-8-50.1***EPA-R06-OAR-2014-0221***OK023***OKd18***x8a***


9-252:100-8-51.    Definitions.     7/1/2011 8
As adopted in the Oklahoma Register June 15, 2011 (28 OkReg 1200-1201) 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].

Page 1200 [Oklahoma Register June 15, 2011 (28 OkReg 1200)]

252:100-8-51. Definitions

    The definitions in 40 CFR 51.165(a)(1) are hereby
Incorporated by reference as they exist on July 1, 2010,
except for the definitions found at 40 CFR 51.165(a)(1)(xxxv)
"baseline actual emissions"; (ii) "building, structure, facility,
or installation"; (xlv) "fixed capital cost"; (xliv) "functionally
equivalent component"; (v) "major modification"; (vi) "net
emissions increase"; (xliii) "process unit"; (xxxvii) "regulated
NSR pollutant"; (xxxviii) "reviewing authority"; (viii)
"secondary emissions"; (xlvi) "total capital investment"; and
(xix) "volatile organic compound (VOC)". With the exception
of "reviewing authority", "fixed capital cost", "functionally
equivalent component", "process unit", and "total capital
investment", these terms are defined in OAC 252:100-8-31,
252:100-8-51, or 252:100-1-3. The following words and
terms, when used in this Part, shall have the following meaning,
unless the context clearly indicates otherwise.
    "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 unit or net emissions increase at a
major stationary source that is significant for VOC
and/or oxides of nitrogen (NOx) 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 source which the source was capable of
accommodating before December 21, 1976, unless
such change would be prohibited under any
federally enforceable permit condition which
was established after December 21, 1976, or
the source is approved to use under any permit
issued under 40 CFR 52.21 or OAC 252:100-7 or 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
December 21, 1976;
                 (VII) any change in source ownership;
                 (VIII) the installation, operation, cessation,
or removal of a temporary clean coal technology
demonstration project, provided that 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.
         (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 252:100-8-56 for a PAL for that pollutant.
Instead the definition at 40 CFR 51.165(f)(2)(viii)
shall apply.
         (C) For the purpose of applying the requirements
of OAC 252:100-8-54.1(a) to modifications at major
stationary sources of NOx located in ozone nonattainment
areas or in ozone transport regions (as defined in
42 U.S.C. § 751Ic), whether or not subject to subpart
2, part D, title I of the Act, any significant net emissions
increase of NOx is considered significant for ozone.

Page 1201 left column
         (D) Any physical change in, or change in the
method of operation of, a major stationary source
of VOCs that results in any increase in emissions of
VOCs from any discrete operation, emissions unit, or
other pollutant emitting activity at the source shall be
considered a significant net emissions increase and a
major modification for ozone, if the major stationary
source is located in an extreme ozone nonattainment
area that is subject to subpart 2, part D, title I of the
Act.
    "Net emissions increase" means:
         (A) With respect to any regulated NSR pollutant
emitted by a major stationary source, net emissions
increase shall mean 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 252:100-8-50(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 under OAC 252:100-8, Part 9, which permit
is in effect when the increase in actual emissions
from the particular change occurs.
         (D) An increase in actual emissions is creditable
only to the extent that the new level of actual emissions
exceeds the old level.
         (E) A decrease in actual emissions is creditable
only to the extent that:
             (i) 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 enforceable as a practical matter at and
after the time that actual construction on the particular
change begins;
             (iii) the Director has not relied on it in issuing
any permit under OAC 252:100; and,
             (iv) it has approximately the same qualitative
significance for public health and welfare as
that attributed to the increase from the particular change.

Page 1201 right column
         (F) An increase that results from a physical change
at a source occurs when the emission unit on which
construction occurred becomes operational and begins
to emit a particular pollutant. Any replacement
unit that requires shakedown becomes operational
after a reasonable shakedown period, not to exceed 180 days.
         (G) Paragraph 40 CFR 51.165(a)(l)(xii)(B) of the
definition of "actual emissions" shall not apply for
determining creditable increases and decreases or
after a change.
    "Regulated NSR pollutant" for purposes of this Part
means any or all of the following:
         (A} Nitrogen oxides or volatile organic compounds;
         (B) Any pollutant for which a NAAOS has been promulgated;
         (C) Any pollutant that is identified under this paragraph
as a constituent or precursor of a general pollutant
listed under paragraph (A) or (B) of this definition,
provided that such constituent or precursor pollutant
may only be regulated under NSR as part of
regulation of the general 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 ozone nonattainment
areas
             (ii) Sulfur dioxide is a precursor to PM2.5 in all
PM2.5 nonattainment areas.
             (iii) Nitrogen oxides are presumed to be
Precursors to PM2.5 in all PM2.5 nonattainment areas unless
the State demonstrates to the 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
PM2.5 concentrations.
             (iv) Volatile organic compounds and ammonia
are presumed not to be precursors to PM2.5 in
any PM2.5 nonattainment area, unless the State
demonstrates to the Administrator's satisfaction
or EPA demonstrates that emissions of volatile
organic compounds or ammonia from sources in
a specific area are a significant contributor to that
area's ambient PM2.5 concentrations. or
         (D) PM2.5 emissions and PM10 emissions, including
gaseous emissions from 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 PM2.5 and PM10 in
nonattainment major NSR permits.
***end OK OAC 252:100-8-51***EPA-R06-OAR-2014-0221***OK023***OKd18***x8a***


9-252:100-8-51.1.  Emission reductions and offsets. 7/1/2012 9 SIP effective October 28, 2016 (OKd18) to May 10, 2020
As adopted in the Oklahoma Register May 15, 2012 (29 Ok Reg 620) 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].

Page 620 [Oklahoma Register May 15, 2012 (29 Ok Reg 620)]

252:100-8-51.1. Emissions reductions and offsets
     (a) The requirements in 40 CFR 51.165(a)(3) regarding
emissions reductions and offsets are hereby incorporated by
reference as they exist on July 2, 2007.
     (b) The requirements in subsection 40 CFR 51.165(a)(9)
dealing with offset ratios are hereby incorporated by
reference as they exist on July 1, 2010.
     (c) The requirements in 40 CFR 51.165(a)(11) regarding
emission offsets are hereby incorporated by reference as they
exist on July 1, 2010.
***end OK OAC 252:100-8-51.1***EPA-R06-OAR-2014-0221***OK023***OKd18***x8a***

252:100-8-51.1. Emissions reductions and offsets.   SIP effective May 11, 2020 (OKd29).
As approved by EPA April 10, 2020 (85 FR 20178) SIP effective May 11, 2020 (OKd29).
As adopted in the Oklahoma Register September 1 2017 (34 OkReg 1173) effective September 15, 2017.
Submitted to EPA January 8, 2018,   
Regulations.gov document EPA-R06-OAR-2018-0208-0004 [OK029.04] Adobe file page 207.
Approved by EPA April 10, 2020 (85 FR 20178) SIP effective May 11, 2020 (OKd29),
Regulations.gov docket EPA-R06-OAR-2018-0208 [OK029]
Explanation: No explanation

252:100-8-51.1. Emissions reductions and offsets.
   (a) The requirements in 40 CFR 51.165(a)(3) regarding
emissions reductions and offsets are hereby incorporated by
reference as they exist on July 2, 2007.
   (b) The requirements in subsection 40 CFR 51.165(a)(9)
dealing with offset ratios are hereby incorporated by reference
as they exist on July 1, 2010.
   (c) The requirements in 40 CFR 51.165(a)(11) regarding
emission offsets are hereby incorporated by reference as they
exist on April 6, 2015.
**end OAC 252:100-8-51.1 SIP effective May 11, 2020 (OKd29)**b11**


9-252:100-8-52.    Applicability determination for sources in attainment areas causing
                    or contributing to NAAQS violations.     7/1/2011 8
As adopted in the Oklahoma Register June 15, 2011 (28 OkReg 1202) 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].

Page 1202 [Oklahoma Register June 15, 2011 (28 OkReg 1202)]

252: 100-8-52. Applicability determination for sources in attainment
areas causing or contributing to NAAQS violation.

(a) The requirements in 40 CFR 51.165(b) regarding a
source located in an attainment or unclassifiable area but
causing or contributing to a NAAQS violation are hereby
incorporated by reference as they exist on December 20,2010.

(b) Sources of VOC located outside a designated ozone
nonattainment area will be presumed to have no significant
impact on the designated nonattainment area. If ambient
monitoring indicates that the area of source location is in fact
nonattainment, then the source may be granted its permit since
the area has not yet been designated nonattainment.

(c) Sources locating in an attainment area but impacting on
a nonattainment area above the significant levels listed in
OAC 252:100-8-52(a) are exempted from the condition of OAC
252:100-8-54(4)(A).

(d) The determination whether a source or modification
will cause or contribute to a violation of an applicable ambient
air quality standard for sulfur dioxide, particulate matter or
carbon monoxide will be made on a case-by-case basis as of
the proposed new source's start-up date by an atmospheric
simulation model. For sources of nitrogen oxides the model can be
used for an initial determination assuming all the nitric oxide
emitted is oxidized to nitrogen dioxide by the time the plume
reaches ground level, and the initial concentration estimates
will be adjusted if adequate data are available to account for the
expected oxidation rate.

(e) The determination as to whether a source would cause
or contribute to a violation of applicable ambient air quality
standards will be made on a case-by-case basis as of the new
source's start-up date. Therefore, if a designated nonattainment
area is projected to be attainment as part of the state implementation
plan control strategy by the new source start-up date,
offsets would not be required if the new source would not cause
a new violation.
***end OK OAC 252:100-8-52***EPA-R06-OAR-2014-0221***OK023***OKd18***x8a***


9-252:100-8-53.    Exemptions.     7/1/2009 3
As adopted in the Oklahoma Register May 15, 2009 (26 Ok Reg 1164)
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 1164 [Oklahoma Register May 15, 2009 (26 Ok Reg 1164)]

252:100-8-53. Exemptions

(a) The requirements in 40 CFR 51.165(a)(4)
regarding exemption of fugitive emissions in determining if
a source or modification is major are hereby incorporated by
reference as they exist on July 2, 2007.

(b) Nonattainment area requirements do not apply to a
particular source or modification locating in or impacting
on a nonattainment area if the source or modification was
not subject to 40 CFR Part 51, Appendix S (emission offset
interpretative ruling) as it existed on January 16, 1979, and the
source:
    (1) obtained all final federal and state constriction permits
before August 7,1980;
    (2) commenced construction within 18 months from
August 7, 1980, or any earlier time required by the State
Implementation Plan; and,
    (3) did not discontinue construction for a period of
18 months or more and completed construction within a
reasonable time.

(c) Secondary emissions are excluded in determining the
potential to emit. However, upon determination of the Director,
if a source is subject to the requirements on the basis of its
direct emissions, the applicable requirements must also be met
for secondary emissions but the source would be exempt from
the conditions of OAC 252:100-8-52(d) and
252:100-8-54(1) through 252:100-8-54(3). Also, the indirect
impacts of mobile sources are excluded.

(d) As specified in the applicable definitions, the requirements
of Part 7 for PSD and Part 9 for nonattainment areas
of this Subchapter are not applicable to a modification if the
existing source was not major on August 7, 1980, unless the
proposed addition to the existing minor source is major in its
own right.
***end OK OAC 252:100-8-53***EPA-R06-OAR-2014-0221***OK023***OKd18***x8b***


9-252:100-8-54.    Requirements for sources located in nonattainment areas.  6/15/2006 4
As adopted in the Oklahoma Register June 1, 2006 (23 Ok Reg 1729) 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 1729

252:100-8-54. Requirements for sources located in nonattainment areas.

    In the event a major source or modification would be constructed
in an area designated as nonattainrnent for a pollutant
for which the source or modification is major, approval shall be
granted only if the following conditions are met:
    (1) The new source must demonstrate that it has
Applied control technology which the Director, on
a case-by-case basis, determines is achievable
for a source based on the lowest achievable emission rate
(LAER) achieved in practice by such category of source
(i.e., lowest achievable emission rate as defined in the Act).

Page 1730
    (2) If the Director determines that imposition
of an enforceable numerical emission standard is
infeasible due to technological or economic limitations
on measurement methodology, a design, equipment, work
practice or operational standard, or combination thereof,
may be prescribed as the emission limitation rate.
    (3) The owner or operator of the new source must
demonstrate that all other major sources owned or operated
by such person in Oklahoma are in compliance, or are
meeting all steps on a schedule for compliance, with all
applicable limitations and standards under Oklahoma and
Federal Clean Air Acts.
    (4) The owner or operator of the new source must
demonstrate that upon commencing operations:
        (A) The emissions from the proposed source and
all other sources permitted in the area do not exceed
the planned growth allowable for the area designated
in the State Implementation Plan; or,
        (B) The total allowable emissions from existing
sources in the region and the emissions from the proposed
source will be sufficiently less than the total
emissions from existing sources allowed under the
State Implementation Plan at the date of construction
permit application so as to represent further progress
toward attainment or maintenance of the ambient air
quality standards in the problem area.
    (5) The owner or operator may present with the application
an analysis of alternate sites, sizes and production processes
for such proposed source.
***end OK OAC 252:100-8-54***EPA-R06-OAR-2014-0221***OK023***OKd18***x88***


9-252:100-8-54.1.  Ozone and PM10 precursors.     7/1/2009 3
As adopted in the Oklahoma Register May 15, 2009 (26 Ok Reg 1164)
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 1164 [Oklahoma Register May 15, 2009 (26 Ok Reg 1164)]
New underlined section

252:100-8-54.1. Ozone and PM-10 precursors.

(a) Ozone. The requirements of Part 9 of OAC 252:100-8
applicable to major stationary sources and major modifications
of VOCs shall apply to NOX emissions from major stationary
sources and major modifications of NOX in an ozone transport
region (as defined in 42 U.S.C.§7511c) or in any ozone nonattainment
area, except in ozone nonattainment areas or in portions
of an ozone transport region where the Administrator has
granted a NOX waiver applying the standards set forth under
section 182f of the Act and the waiver continues to apply.

(b) PM-10 precursors. The requirements of Part 9 of OAC
252:100-8 applicable to major stationary sources and major
modifications of PM-10 shall also apply to major stationary
sources and major modifications of PM-10 precursors, except
where the Administrator determines that such sources do not
contribute significantly to PM-10 levels that exceed the PM-10
ambient standards in the area.
***end OK OAC 252:100-8-54.1***EPA-R06-OAR-2014-0221***OK023***OKd18***x8b***


9-252:100-8-55.    Source obligation.     7/1/2009 3
As adopted in the Oklahoma Register May 15, 2009 (26 Ok Reg 1164)
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 1164 [Oklahoma Register May 15, 2009 (26 Ok Reg 1164)]

252:100-8-55. Source obligation.

(a) Construction permits required. An owner or operator
shall obtain a construction permit prior to commencing
construction of a new major stationary source or major modification.

(b) Responsibility to comply and the consequences of
relaxation of permit conditions. The requirements in
40 CFR 51.165(a)(5) regarding the responsibility to comply with
applicable local State or Federal law and the consequences
of becoming a major source by virtue of a relaxation in any
enforcement limitation are hereby incorporated by reference as
they exist on July 2, 2007.

(c) Requirements when using projected actual emissions.
    (1) The specific provisions in 40 CFR 51.165(a)(6)(i)
through (v) (as they exist on July 2, 2007) shall apply to
projects at existing emissions units at a major stationary
source (other than projects at a source with a PAL) when
the owner or operator elects to use the methods specified
in the definition of "projected actual emissions" at
40 CFR 51.165(a)(1)(xxviii)(B)(1) through (3)
for calculating projected actual emissions.
    (2) The requirements in 40 CFR 51.165(a)(6)(i)
through (v) are hereby incorporated by reference as they
existed exist on July 2, 2007.

(d) Availability of information. The requirements in
40 CFR 51.165(a)(7) regarding availability of information
required to document the use of projected actual emissions for
determining if a project is a major modification are hereby
incorporated by reference as they exist on July 2, 2007.
***end OK OAC 252:100-8-55***EPA-R06-OAR-2014-0221***OK023***OKd18***x8b***


9-252:100-8-56.    Actuals PAL.     7/1/2009 3
As adopted in the Oklahoma Register May 15, 2009 (26 Ok Reg 1165)
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 1165 [Oklahoma Register May 15, 2009 (26 Ok Reg 1165)]

252:100-8-56. Actuals PAL.

    The requirements in 40 CFR 51.165(f) regarding
actuals PAL except for the terminology contained in
OAC 252:100-8-50.1(b), are hereby incorporated by
reference as they exist on July 2, 2007.
***end OK OAC 252:100-8-56***EPA-R06-OAR-2014-0221***OK023***OKd18***x8b***


9-252:100-8-57.    Severability.   6/15/2006 4
As adopted in the Oklahoma Register June 1, 2006 (23 Ok Reg 1730) 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 1730

252:100-8-57. 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 252:100-8-57***EPA-R06-OAR-2014-0221***OK023***OKd18***x88***

*end OK OAC 252:100 Subchapter 8 Part 9*EPA-R06-OAR-2014-0221*OK023*OKd18 and OKd29*x88*
**end OK OAC 252:100 Subchapter 8 Part 9 SIP effective May 11, 2020 (OKd29)**b11**