Regulatory Text: 
Oklahoma Administrative Code.  Title 252.  Department of Environmental Quality 

Chapter 100.  Air Pollution Control (OAC 252:100)

SUBCHAPTER 24.  PARTICULATE MATTER EMISSIONS FROM GRAIN, FEED OR SEED OPERATIONS
Approved by EPA December 29, 2008 (73 FR 79400) effective February 27, 2009 (OKd06).


Sections:
252:100-24-1.  Purpose, OKd06
252:100-24-2.  Definitions, OKd06
252:100-24-3.  Applicability, general requirements, OKd06
252:100-24-4.  Visible emissions (opacity) limit, OKd06
252:100-24-5.  Certification, OKd06
252:100-24-6.  Fugitive dust controls, OKd06
252:100-24-7.  Permit by rule, OKd06


252:100-24-1.  Purpose
As adopted in the Oklahoma Register May 17, 1999 (16 Ok Reg 1370) effective June 1, 1999.

     The purpose of this Subchapter is to control emissions from facilities that handle, store or process grains, feeds or seeds.  


252:100-24-2.  Definitions
As adopted in the Oklahoma Register May 17, 1999 (16 Ok Reg 1370) effective June 1, 1999.

     The following words and terms when used in this subchapter, shall have the following meaning, unless the context clearly indicates otherwise:
     "Enclosed Grain Handling Equipment" means equipment that is totally self-contained or is enclosed within a structure at a grain, feed, or seed facility.  Emissions from this equipment shall not be exhausted to the atmosphere except through non-pressurized vents/openings, and shall not be considered a source subject to emission calculations.
     "Grain, Feed, or Seed Facility" means the contiguous or adjacent area under common control upon which a grain elevator, feed mill, or grain and seed processing equipment or structures are located, and all contiguous sites having common control.
     "Grain, Feed, or Seed Operation" means any facility or installation at which grain, feed, or seed is loaded, handled, cleaned, dried, stored, treated, or otherwise processed.
     "Leg Capacity" means the maximum process rate for which the manufacturer designs the elevating portion of a grain, feed, or seed facility on a per leg basis.
     "Loading-out hours of operation" means the hours calculated by dividing the cumulative total quantity loaded out for a given time period by 75% of the rated leg capacity.  This quotient is equivalent hours (not actual hours) of operation required to process the material loaded out.  Actual leg capacity may be adjusted to more or less than 75% by individual facilities if documentation supporting the proposed adjustment is submitted to and approved by the Division Director.
     "Non-pressurized Vent or Opening" means any vent or opening which allows the emissions of air and/or contaminants at pressures substantially equivalent to atmospheric pressure without the use of mechanically-induced air flow.
     "Pressurized Vent or Opening" means any vent or opening which allows the emissions of air and/or contaminants at pressures greater than atmospheric pressure indicating the use of mechanically-induced air flow.
     "Receiving hours of operation" means hours calculated by dividing the cumulative total quantity received for a given time period by 75% of the rated leg capacity.  This quotient is equivalent hours (not actual hours) of operation required to process the material received.  Actual leg capacity may be adjusted to more or less than 75% by individual facilities if documentation supporting the proposed adjustment is submitted to and approved by the Division Director.
     "Total hours of operation" means the sum of the receiving hours of operation and the loading out hours of operation.  Actual hours may be less since receiving and loading-out operations may occur simultaneously.


252:100-24-3.  Applicability, general requirements
As adopted in Oklahoma Register May 17, 1999 (16 Ok Reg 1368) effective June 1, 1999.  An Emergency Adoption Oklahoma Register published May 15,2000 (17 Ok Reg 1474) effective June 1, 2000, amended subsection 252:24-3(a) by changing “252:100-27" to “252:100-19-12” due to the revocation of OAC 252:100-27 and the moving of its substantive provisions to OAC 252:100-19-12 effective June 1, 2000.

Struck-out text NOT in SIP.

     (a)  Applicability.  The provisions of this subchapter are applicable to all new, modified, and existing grain, feed, or seed facilities in the State of Oklahoma.
          (1)  Facilities in compliance with 252:100-25, 252:100-19-12, and 252:100-29 are not required to comply with this subchapter.
          (2)  Facilities in compliance with this subchapter are exempt from the requirements of 252:100-25 (visible emissions), 252:100-19-12 (process weight), and 252:100-29 (fugitive dust).

     (b)  General requirements.
          (1)  Permits required.  In addition to the requirements of this subchapter, each new, modified or existing grain, feed, or seed facility shall comply with the permitting requirements of 252:100-7 or 252:100-8.
          (2)  Air toxics emissions.  Grain, feed, or seed facilities that emit toxic air pollutants above the deminimis levels specified in 252:100-41 are subject to all applicable requirements contained therein.
          (3)  Record-keeping.  The owner or operator of a facility shall maintain a daily log documenting commodity receipts and load-outs and hours of operation for each.  These records shall be maintained for a period of two years and shall be made available for inspection by the DEQ during normal business hours.
          (4)  Visible emissions test.  Visible emissions (opacity) testing shall be conducted using EPA reference method 9 contained in 40 CFR, Part 60, Appendix A and must be performed by a Certified Visible Emission Evaluator.
          (5)  Determination of emissions.  Emissions from grain, feed, or seed facilities shall be determined by the best available data.  This may include actual emissions as determined by stack testing, mass balance calculations, emission calculations using approved published emissions factors, or any other reasonably accurate method approved in advance by the DEQ.


252:100-24-4.  Visible emissions (opacity) limit
As adopted in the Oklahoma Register May 17, 1999 (16 Ok Reg 1370) effective June 1, 1999.

     (a)  Opacity limit.  No person shall allow the discharge of any fumes, aerosol, mist, gas, smoke, vapor, particulate matter or any combination thereof exhibiting greater than 20% opacity.  This requirement shall not apply to visible emissions exhibiting greater than 20% opacity emitted during short-term occurrences, which consist of not more than one six-minute period in any consecutive 60 minutes, not to exceed three such periods in any consecutive 24 hours, during which the average of any six-minute period shall not exceed 60% opacity.

     (b)  Alternate opacity limit.  The 20% opacity limit required under 252:100-24-4(a) may be increased for particulates only provided that the owner or operator demonstrates to the satisfaction of the Air Quality Council at public hearing that those requirements listed in 252:100-25-4(a) through (c) have been met.

     (c)  Exceptions.  Exceptions to the requirements described in 252:100-24-4(a) are provided as follows:
          (1)  Visible emissions from loading-out (shipping) shall be no more than sixty-five percent (65%) opacity, and visible emissions from unloading (receiving) shall be no more than fifty-five percent (55%) opacity.
          (2)  Emissions from pressurized vents or openings without control devices shall either be enclosed, exhausted through a control device, or shall be limited to no greater than ten percent (10%) opacity at any time.
          (3)  Emissions from non-pressurized vents or openings without control devices shall be limited to no greater than 10% opacity at any time.


252:100-24-5.  Certification
As adopted in the Oklahoma Register May 17, 1999 (16 Ok Reg 1370) effective June 1, 1999.

     (a)  Initial certification.  Any grain, feed or seed facility in existence on September 28, 1994, shall provide written certification of compliance with this subchapter by September 28, 1995, or within six months of receiving an initial certification form from DEQ.

     (b)  Annual certification.  The owner, operator or other designated responsible party of a grain, feed or seed facility shall submit along with the annual emissions inventory, an annual certification of quantities received and loaded-out.


252:100-24-6.  Fugitive dust controls
As adopted in the Oklahoma Register May 17, 1999 (16 Ok Reg 1370) effective June 1, 1999.

     (a)  All facilities will take reasonable precautions to prevent the discharge of any fugitive dust emissions beyond the property line from which the emissions originate.

     (b)  No persons shall allow fugitive dust emissions beyond the property line in such a manner as to damage or to interfere with the use of adjacent properties.

     (c)  All facilities shall make best efforts to reduce fugitive dust emissions during load-out by minimizing the distance from the load-out spout to the top of the receiving vessel.


252:100-24-7.  Permit by rule
As adopted in the Oklahoma Register May 17, 1999 (16 Ok Reg 1370) effective June 1, 1999.

     (a)  Applicability.  Any new or existing source may be constructed or operated under this section if it meets the requirements of 252:100-7-60(a), (b), and (c) and  has the Standard Industrial Classification (SIC) code 5153, Grain and Field Beans.

     (b)  Requirements.
          (1)  In addition to the requirements in 252:100-7-60(a), (b), and (c), an owner or operator of a facility subject to this section shall comply with all of the requirements of this Subchapter, with the exception of 252:100-24-5(a) and (b).
          (2)  The total annual emissions of PM-10 shall be calculated using the equation provided in Appendix L, which was derived from AP-42 9.9.1, Grain Elevators and Processes.
          (3)  For grain storage elevators located at any wheat flour mill, wet corn mill, dry corn mill, rice mill or soybean oil extraction plant, with a permanent grain storage capacity of 35,200 m³, or grain terminal elevators with a permanent storage capacity of more than 88,100 m³, which have commenced construction, modification, or reconstruction after August 3, 1978, the requirements of 40 CFR, Part 60, Subpart DD are also applicable.