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Oklahoma Regulation 1.4.2 Construction Permit, SIP effective December 27, 2010 (OKd07) to June 13, 2017 (OKd21) -- for Minor sources only

Regulatory Text:

Oklahoma Air Pollution Control Regulations
Regulation 1.4. Air Resources Management Permits Required

Regulation 1.4.2  Construction Permit, for Minor Sources only
Approved by EPA for Minor Sources only,
November 26, 2010 (75 FR 72695) effective December 27, 2010 (OKd07),
Regulations.gov docket EPA-R06-OAR-2007-0314 [OK006].

Outline:
1.4.2(a)  Standards Required.
1.4.2(b)  Stack Height Limitation.
1.4.2(c)  Permit Applications.
1.4.2(d)  Action on Applications.
1.4.2(e)  Public Review.
1.4.2(f)  Construction Permit Conditions.
1.4.2(g)  Cancellation of Authority to Construct or Modify.
1.4.2(h)  Relocation Permits.

1.4.2(a)  Standards Required.
Oklahoma effective date 06/04/1990,
Approved by EPA 07/23/1991 (56 FR 33715) effective 09/23/1991 at 52.1920/1960(c)(41) (OKc41).
   (1)  No person shall cause or allow the construction or modification of any source without first obtaining an authority to construct or modify from the Commissioner as to comply with all applicable air pollution rules and regulations, and not to exceed ambient air quality standards or applicable federal new source performance standards (NSPS) and national emission standards for hazardous air pollutants (NESHAPS), Sections 111 and 112 of the Federal Clean Air Act.
   (2)  Source Groups.
        (i)   Major sources.  For purposes of 1.4.2(a), a major source is defined as any new or modified stationary source which directly emits or has the capability at maximum design capacity and, if appropriately permitted, authority to emit 100 tons per year or more of a given pollutant.  A major source must demonstrate that the control technology to be applied is the best that is available for each pollutant controlled under air pollution control regulations if such pollutant would cause the source to be defined as a major source.  This determination will be made by the Commissioner on a case by case basis taking into account energy, environmental, costs and economic impacts of alternative control systems.
        (ii)  Minor source.  Minor source means any source for which a permit is required but is not a major source.  A minor source is either a Group I or Group II source as set forth below:
 Group I:  A Group I source is a minor source which actually emits 25 tons/year, but less than 100 tons/year of any one pollutant and/or is subject to a Federal New Source Performance Standard (NSPS) or a National Emission Standard for Hazardous Air Pollutants (NESHAP).
 Group II:  A Group II source is a minor source emitting more than one pound per hour but less than 25 tons per year of any one pollutant.  Group II also includes any source subject to Regulation 3.8.4 [OAC 41, Part 5], emitting less than 25 tons per year but above the de minimis contained in 3.8.4(i)(1)(E) [OAC 41-43(a)(5)].  (Amended effective 06-04-90)
   (3)  Any air quality modeling or ambient impact evaluation that is required shall be prepared in accordance with procedures acceptable to the Commissioner and accomplished by the applicant.
   (4)  If required by the Commissioner, the new source will be equipped with sampling ports, instrumentation to monitor and record emission data and other sampling and/or testing facilities.

1.4.2(b)  Stack Height Limitation.
Oklahoma effective date 06/11/1989,
Approved by EPA 08/20/1990 (55 FR 33905) effective 09/19/1990 at 52.1920/1960(c)(34) (OKc34).
   (1)  Air quality modeling or ambient impact evaluation shall exclude the effect of that portion of the height of any stack which exceeds good engineering practice or the effect of any other dispersion techniques as defined in the following:
        (A)  Stack means any point in a source designed to emit solids, liquids or gases into the air, including a pipe or duct but not including flares.
        (B)  A stack in existence means that the owner or operator had (1) begun, or caused to begin, a continuous program of physical on-site construction of the stack or (2) entered into binding agreements or contractual obligations, which could not be cancelled or modified without substantial loss to the owner or operator, to undertake a program of construction of the stack to be completed in a reasonable time.
        (C)  "Dispersion technique" means any technique which attempts to affect the concentration of a pollutant in the ambient air by using that portion of a stack which exceeds good engineering practice stack height; varying the rate of emission of a pollutant according to atmospheric conditions or ambient concentrations of that pollutant; or increasing final exhaust gas plume rise by manipulating source process parameters, exhaust gas parameters, stack parameters, or combining exhaust gases from several existing stacks into one stack, or other selective handling of exhaust gas streams so as to increase the exhaust gas plume rise.  The preceding sentence does not include:
             (i)   The reheating of a gas stream, following use of a pollution control system, for the purpose of returning the gas to the temperature at which it was originally discharged from the facility generating the gas stream;
             (ii)  The merging of exhaust gas streams where:
                   (a)  The source owner or operator documents that the facility was originally designed and constructed with such merged streams;
                   (b)  After July 8, 1985, such merging is part of a change in operation at the facility that includes the installation of pollution controls and is accompanied by a net reduction in the allowable emissions of a pollutant.  This exclusion from "dispersion technique" applicability shall apply only to the emission limitation for the pollutant affected by such change in operation; or
                   (c)  Before July 8, 1985, such merging was part of a change in operation at the facility that included the installation of emissions control equipment or was carried out for sound economic or engineering reasons.  Where there was an increase in the emission limitation or, in the event that no emission limitation existed prior to the merging, there was an increase in the quantity of pollutants actually emitted prior to the merging, it shall be presumed that merging was primarily intended as a means of gaining emissions credit for greater dispersion.  Before such credit can be allowed, the owner or operator must satisfactorily demonstrate that merging was not carried out for the primary purpose of gaining credit for greater dispersion;
             (iii) Manipulation of exhaust gas parameters, merging of exhaust gas streams from several existing stacks into one stack, or other selective handling of exhaust gas streams so as to increase the exhaust gas plume rise in those cases where the resulting allowable emissions of sulfur dioxide from the facility do not exceed 5,000 tons per year.
        (D)  “Good engineering practice” (GEP) stack height means the greater of:
             (i)   65 meters, measured from the ground-level elevation at the base of the stack; or
             (ii)  (a)  For stacks in existence on January 12, 1979 and for which the owner or operator had obtained all applicable permits or approvals required under Oklahoma Regulation 1.4 or Federal 40 CFR Part 52, Hg = 2.5H provided the owner or operator can demonstrate that this equation was relied upon in establishing an emission limitation;
                   (b)  For all other stacks, Hg = H + 1.5L,
 where:
    Hg = good engineering practice stack height, measured from the ground-level elevation at the base of the stack,
    H = height of nearby structure(s) measured from the ground-level elevation at the base of the stack,
    L = lesser dimension (height or projected width) of nearby structure(s),

 provided that the owner or operator may be required to verify such GEP stack height by the use of a field study or fluid model as the Commissioner shall determine; or
            (iii)  The height demonstrated by a fluid model or a field study approved by the reviewing agency, which ensures that the emissions from a stack do not result in excessive concentrations of any air pollutant as a result of atmospheric downwash, wakes, or eddy effects created by the source itself, nearby structures, or nearby terrain features.
       (E)  "Nearby" as used in 1.4.2(b)(1)(D) of this part is defined for a specific structure or terrain feature and
            (i)  For purposes of applying the formula in 1.4.2(b)(1)(D)(ii) means that distance up to five times the lesser of the height or the width dimension of a structure, but not greater than 0.8 km (0.5 mile), and
            (ii)  For conducting demonstrations under 1.4.2(b)(1)(D)(iii) means not greater than 0.8 km (0.5 mile), except that the portion of a terrain feature may be considered to be nearby which falls within a distance of up to 10 times the maximum height of the feature, not to exceed 2 miles if such feature achieves a height at 0.8 km (0.5 mile) from the stack that is at least 40 percent of the GEP stack height determined by the formulae in 1.4.2(b)(1)(D)(ii) or 26 meters, whichever is greater, as measured from the base of the stack.  The height of the structure or terrain feature is measured from the ground-level elevation at the base of the stack.
       (F)  "Excessive concentrations" as defined for the purpose of determining GEP stack height under 1.4.2(b)(1)(D)(iii) means:
            (i) For sources seeking credit for stack height exceeding that calculated under 1.4.2(b)(1)(D)(ii), a maximum ground-level pollutant concentration from a stack due in whole or part to downwash, wakes, and eddy effects produced by nearby structures or nearby terrain features which is at least 40 percent in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects and which, when combined with the impacts due to all sources, produces a concentration in excess of an ambient air quality standard.  For sources subject to the prevention of significant deterioration program (Oklahoma Regulation 1.4.4 or Federal 40 CFR 52.21), the same criteria apply except that a concurrent exceedance of a prevention of significant deterioration increment is experienced.  In making demonstrations under this part, the allowable emission rate shall conform to the new source performance standard that is applicable to the source category unless the owner or operator can demonstrate that this emission rate is infeasible.  Where such demonstrations are approved by the Commissioner, an alternative emission rate shall be established in consultation with the owner or operator;
            (ii)  For sources seeking credit after October 1, 1983, for increases in existing stack heights up to the heights established under 1.4.2(b)(1)(D)(ii) either (a) a maximum ground-level concentration due in whole or part to downwash, wakes or eddy effects as specified in 1.4.2(b)(1)(F)(i), except that the emission rate specified by any applicable state implementation plan (or, in the absence of such a limit, the actual emission rate) shall be used, or (b) the actual presence of a local nuisance caused by the existing stack, as determined by the Commissioner; and
            (iii)  For sources seeking credit after January 12, 1979 for a stack height determined under 1.4.2(b)(1)(D)(ii) where the Commissioner requires the use of a field study or fluid model to verify GEP stack height, for sources seeking stack height credit after November 9, 1984 based on the aerodynamic influence of cooling towers, and for sources seeking stack height credit after December 31, 1970 based on the aerodynamic influence of structures not adequately represented by the formulae in 1.4.2(b)(1)(D)(ii), a maximum ground-level concentration due in whole or part to downwash, wakes or eddy effects that is at least 40 percent in excess of the maximum concentration experienced in the absence of such downwash, wakes or eddy effects.
       (G)  "Emission limitations and emission standards" means a requirement which limits the quantity, rate or concentration of emissions of air pollutants on a continuous basis, including any requirements which limit the level of opacity, prescribe equipment, set fuel specifications or prescribe operation or maintenance procedures for a source to assure continuous reduction.  (Amended 7-9-87, effective 8-10-87)

1.4.2(c)  Permit Applications.
Oklahoma effective date 06/04/1990,
Approved by EPA 07/23/1991 (56 FR 33715) effective 09/23/1991 at 52.1920/1960(c)(41) (OKc41).
   (1)  Required applications shall be made on a form to be supplied by the Commissioner, signed by the applicant, and include the appropriate application fee as required by 1.4.1(c)(2)(A).  The signature of the applicant shall constitute an agreement that the application and all supplemental data is true and correct and that the applicant is responsible for assuring construction in accordance with the application and operation in accordance with all rules and regulations.  (Amended effective 06-04-90)
   (2)  Attached to the application form and considered a part thereof will be supplemental data as prescribed in application instructions provided by the Commissioner.  This supplemental data shall include, but is not limited to, site information, process description, emission data, ambient air modeling data, BACT determination, etc., as specified in these regulations and the aforementioned instructions.  (Amended effective 06-04-90)
   (3)  The application and supplemental data will be provided three copies to the Air Quality Service or its delegatee for evaluation.

1.4.2(d)  Action on Applications.
Submitted to EPA 05/19/1983,
Approved by EPA 08/25/1983 (48 FR 38635) effective 8/25/1983 at 52.1920/1960(c)(26) (OKc26).
   (1)  The applicant will be notified of any deficiency in the application or information submitted.  In the event of such a deficiency, the date of receipt of the application shall be the date all required information for a complete application has been received.  The Commissioner will evaluate the permit application based on information provided by the applicant and other available information, and make a determination whether the application will be approved, approved with condition or disapproved.  No permit to construct or modify will be issued unless the applicant demonstrates to the satisfaction of the Commissioner that the new source has complied with all pertinent requirements and the proposed source conforms to the general intent of applicable laws and regulations.
   (2)  For permit applications that are subject to the requirements of 1.4.4, the Commissioner will make a determination whether the application will be approved, approved with condition or disapproved within 180 days after the date that all required information for a complete application has been received.

1.4.2(e)  Public Review.
Oklahoma effective date 06/11/1989,
Approved by EPA 08/20/1990 (55 FR 33905) effective 09/19/1990 at 52.1920/1960(c)(34) (OKc34).
   (1)  For major sources and modifications, the  determination of permit application approval as included in 1.4.2(d)(1) will be a preliminary determination and the Commissioner shall:
        (A)  Make available for 30 calendar days, in a location in the county where the proposed source is to be constructed, a copy of all materials submitted by the applicant, a copy of any fluid modeling study, a copy of or summary of other materials and a copy of the analysis made by the reviewing authority.
        (B)  Provide the applicant with instructions concerning his required actions toward notification of the public by prominent advertisement in a newspaper of general circulation in the county in which the new source will be constructed.  As a minimum, this  notification will be a paid notice in a form as prescribed by the Commissioner to run once a week for two weeks.  The specified 30-day period will commence as of the first running of the specified notice.
        (C)  The public notice, as specified, will be sufficient to notify all sub-state entities and their representatives of the proposed source.
        (D)  Consider all written public comments submitted within the 30-day period and any written or oral comments presented at public hearing in compliance with the following subsection (5) before issuance of the permit.  In this regard the Commissioner may request more information or refer pertinent questions to the applicant for response before issuing the permit.
        (E)  The Commissioner may, upon request of any interested party and their submission of adequate reason, within the first 21 calendar days of the 30-day public notice, cause to be set a public hearing concerning the issuance of the proposed permit.  In these cases, the burden will be upon the petitioner to show and the hearing will be limited to one or more of the following issues:
             (i)  The level of control technology to be used is inadequate for the facility/source type or its location; or,
             (ii)  The inadequacy of the ambient air modeling technique or its application; or,
             (iii)  The availability of increment for growth either for prevention of significant deterioration in attainment areas or SIP growth increment in nonattainment areas.
        (F)  In the case of a major source, as defined in 1.4.2(a)(2), that might impact the air quality of a neighboring state, the comment period for that state is extended to a 60-day period as required by Section 126 of the Federal Clean Air Act.

1.4.2(f)  Construction Permit Conditions. 
Submitted to EPA 05/19/1983,
Approved by EPA 08/25/1983 (48 FR 38635) effective 8/25/1983 at 52.1920/1960(c)(26) (OKc26).
   (1)  The Commissioner may establish permit limitations as necessary to assure all rules and regulations are complied with.  A violation of these limitations by the owner/operator shall subject such to any or all enforcement penalties, including permit revocation, available under the Oklahoma Clean Air Act and Air Pollution Control Regulations.

1.4.2(g)  Cancellation of Authority to Construct or Modify.
Submitted to EPA 02/06/1984,
Approved by EPA 07/27/1984 (49 FR 30184) effective 09/25/1984 at 52.1920/1960(c)(31) (OKc31).
   (1)  A duly issued permit to construct or modify will terminate and become null and void (unless extended as provided below) if the construction is not commenced within 18 months of the permit issuance date, or if work is suspended for more than 18 months after it has commenced.
   (2)  An applicant may secure extension of the permit expiration date by written request of the Commissioner stating the reasons for the delay/suspension and providing justification for the extension.  Except as provided below, extensions will be granted for terms of 18 months or less.
        (A)  One extension of up to 36 months will be granted where the applicant is proposing to expand an already existing facility to accommodate the proposed new construction or the applicant has expended a significant amount of money (1% of total project cost as identified in the original application, not including land cost), in preparation for meeting the definition of "commence construction" at the proposed site; or
        (B)  One extension of up to 72 months will be granted to major industrial facilities (project cost greater than $100,000,000.00), where the applicant proposes to construct at an existing site and demonstrates that the existing site was originally designed and constructed to accommodate the proposed new facilities.  The applicant shall show a commitment to the site by having purchased land necessary to construct facilities covered by this extension and expended $1,000,000.00 or more on engineering and/or site development.
        (C)  If construction has not commenced within three (3) years of the effective date of the original permit, the permittee must undertake and complete an appropriate available control technology review and an air quality analysis.  This review must be approved by the Air Quality Service before construction may commence.
        (D)  Upon formal request by any applicant whose permit has been denied for lack of increment, the Air Quality Service may require any permittee under (A) or (B) above, to furnish a complete air quality analysis and/or an appropriate available control technology review if such review is required in order to provide new or current information.

1.4.2(h)  Relocation Permits.
Submitted to EPA 11/14/1990,
Approved by EPA 07/23/1991 (56 FR 33715) effective 09/23/1991 at 52.1920/1960(c)(41) (OKc41).
   (1)  Any purported or attempted transfer of a source from one location to another without the authority of the Commissioner automatically voids the permit or the grandfather exemption for that source.
   (2)  The Commissioner may authorize the relocation of portable sources which were previously permitted or existing sources within attainment regions of this state.  However, this authorization shall be limited to two years.  Failure of the source to change its locale within the two-year time period will be considered prima facie evidence that the source is a stationary source and subject it, at that time, to permit analysis requirements of this Regulation.
 
*** end OK Reg 1.4.2 Construction Permit, SIP effective December 27, 2010 (OKd07) to June 13, 2017 (OKd21) ***