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Oklahoma SIP: OAC 252:100-8-1 to 252:100-8-1.5: Permits for Part 70 Sources General Provisions

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

SUBCHAPTER 8.  PERMITS FOR PART 70 SOURCES

PART 1.  GENERAL PROVISIONS
As approved by EPA September 28, 2016 (81 FR 66532) effective October 28, 2016 (OKd18),
Regulations.gov docket EPA-R06-OAR-2014-0221 [OK023].

Sections
252:100-8-1.    Purpose OKd07
252:100-8-1.1.  Definitions OKd18
252:100-8-1.2.  General information OKd07
252:100-8-1.3.  Duty to comply OKd07
252:100-8-1.4.  Cancellation or extension of a construction permit or authorization under a general construction permit OKd07
252:100-8-1.5.  Stack height limitations OKd07


252:100-8-1.  Purpose
As adopted in the Oklahoma Register 06/15/1998 (15 Ok Reg 2590) effective 06/25/1998.
Approved by EPA November 26, 2010 (75 FR 72695) effective December 27, 2010 (OKd07)
Regulations.gov docket EPA-R06-OAR-2007-0314 [OK006]

     This Subchapter sets forth permit application fees and the substantive requirements for permits for Part 70 sources.


252:100-8-1.1. Definitions
As adopted in the Oklahoma Register June 1, 2006 (23 Ok Reg 1704) 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 1704 [Oklahoma Register June 1, 2006 (23 Ok Reg 1704)]
The following words and terms, when used in this Subchapter,
shall have the following meaning, unless the context
clearly indicates otherwise. Except as specifically provided in
this section, terms used in this Subchapter retain the meaning
accorded them under the applicable requirements of the Act.
"A stack in existence" means for purposes of OAC
252:100-8-1.5 that the owner or operator had:
(A) begun, or caused to begin, a continuous program
of physical on-site construction of the stack; or
(B) entered into binding agreements or contractual
obligations, which could not be canceled 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.
"Actual emissions" means, except for Parts 7 and 9 of this
Subchapter, the total amount of regulated air pollutants emitted
from a given facility during a particular calendar year, determined
using methods contained in OAC 252: 100-5-2.1(d).
"Adverse impact on visibility" means, for purposes of
Parts 7 and 11, visibility impairment which interferes with the
management, protection, preservation, or enjoyment of the visitor's
visual experience of the Federal Class I area. This determination
must be made by the DEO on a case-by-case basis
taking into account the geographic extent, intensity, duration,
frequency and time of visibility impairments, and how these
factors correlate with (1) times of visitor use of the Federal
Class I area, and (2) the frequency and timing of natural conditions
that reduce visibility. This term does not include effects
on integral vistas.

Page 1705
"Dispersion technique" means for purposes of OAC
252:100-8-1.5 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:
(A) 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.
(B) The merging of exhaust gas streams where:
(i) the source owner or operator documents
that the facility was originally designed and constructed
with such merged streams;
(ii) 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
(iii) 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.
(C) 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.
"Emission limitations and emission standards" means
for purposes of OAC 252:100-8-1.5 requirements that limit the
quantity, rate or concentration of emissions of air pollutants on
a continuous basis, including any requirements that limit the
level of opacity, prescribe equipment, set fuel specifications or
prescribe operation or maintenance procedures for a source to
assure continuous reduction.
"Natural conditions" includes naturally occurring phenomena
that reduce visibility as measured in terms of light extinction,
visual range, contrast, or coloration.

Page 1708
"Secondary emissions" means, for purposes of Parts 7
and 9 of this Subchapter, emissions which occur as a result of
the construction or operation of a major stationary source or
modification, but do not come from the source or modification
itself. Secondary emissions must be specific, well defined,
quantifiable, and impact the same general areas as the source
or modification which causes the secondary emissions. Secondary
emissions may include, but are not limited to:
(A) emissions from trains coming to or from the
new or modified stationary source; and,
(B) emissions from any offsite support facility
which would not otherwise be constructed or increase
its emissions as a result of the construction or operation
of the major source or modification.
"Stack" means for purposes of OAC 252:100-8-1.5 any
point in a source designed to emit solids, liquids or gases into
the air, including a pipe or duct but not including flares.
"Visibility impairment" means any humanly perceptible
reduction in visibility (light extinction, visual range, contrast
and coloration) from that which would have existed under natural
conditions
**end OK OAC 252:100-8-1.1**EPA-R06-OAR-2014-0221-0004**OK023**OKd18**x87***

252:100-8-1.2.  General information
As adopted in the Oklahoma Register 06/15/1998 (15 Ok Reg 2590) effective 06/25/1998.
Approved by EPA November 26, 2010 (75 FR 72695) effective December 27, 2010 (OKd07)
Regulations.gov docket EPA-R06-OAR-2007-0314 [OK006]

     (a)  Permit categories.  Two types of construction and operating permits are available: general permit and individual permit.
          (1)  General permit.
               (A)  A general permit may be issued for an industry if there are a sufficient number of facilities that have the same or substantially similar operations, emissions and activities which are subject to the same standards, limitations and operating and monitoring requirements.
               (B)  Facilities may be eligible for authorization under a general permit if the following criteria are met:
                    (i)  The facility has actual emissions of 100 tpy or more of any one regulated air pollutant emitted and/or is a Part 70 source.
                    (ii)  The DEQ has issued a general permit for the industry.
          (2)  Individual permit.  Facilities requiring permits under this Subchapter that do not qualify for a general permit shall obtain individual permits.  An owner or operator may apply for an individual permit even if the facility qualifies for a general permit.

     (b)  Applicability determination.  Any person may submit a request in writing that the DEQ make a determination as to whether a particular source or installation, which that person operates or proposes to operate, is subject to the permit requirements of this Subchapter.  The request must contain sufficient information for the DEQ to make the requested determination and the required fee. The DEQ may request any additional information that it needs for purposes of making the determination.


252:100-8-1.3.  Duty to comply
As adopted in the Oklahoma Register 06/15/1998 (15 Ok Reg 2590) effective 06/25/1998.
Approved by EPA November 26, 2010 (75 FR 72695) effective December 27, 2010 (OKd07)
Regulations.gov docket EPA-R06-OAR-2007-0314 [OK006]

     (a)  An owner or operator who applies for a permit or authorization, upon notification of coverage, shall be bound by the terms and conditions therein.

     (b)  An owner or operator who violates any condition of a permit or authorization is subject to enforcement under the Oklahoma Clean Air Act.


252:100-8-1.4.  Cancellation or extension of a construction permit or authorization under a general construction permit
As adopted in the Oklahoma Register 05/15/2001 (18 Ok Reg 1455) effective 06/01/2001.
Approved by EPA November 26, 2010 (75 FR 72695) effective December 27, 2010 (OKd07)
Regulations.gov docket EPA-R06-OAR-2007-0314 [OK006]

     (a)  Cancellation of permit or authorization to construct or modify.  A duly issued permit or authorization to construct or modify will terminate and become null and void (unless extended as provided in Subsection (b) of this Section) if the construction is not commenced within 18 months after the date the permit or authorization was issued, or if work is suspended for more than 18 months after it has commenced.

     (b)  Extension of permit or authorization to construct or modify.
          (1)  Prior to the expiration date of the permit or authorization, a permittee may apply for extension of the permit or authorization by written request of the DEQ stating the reasons for the delay or suspension and providing justification for the extension.  The DEQ may grant:
               (A)  One extension of 18 months or less, or
               (B)  One extension of up to 36 months 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
               (C)  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.
          (2)  If construction has not commenced within three (3) years of the effective date of the original permit or authorization, the permittee must undertake and complete an appropriate available control technology review and an air quality analysis.  This review must be approved by the DEQ before construction may commence.
          (3)  Upon formal request of any applicant whose permit has been denied for lack of increment, the DEQ may require any permittee under OAC 252:100:8-1.4(b)(1)(B) or (C), 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.


252:100-8-1.5.  Stack height limitations
As adopted in the Oklahoma Register 05/15/2001 (18 Ok Reg 1455) effective 06/01/2001.
Approved by EPA November 26, 2010 (75 FR 72695) effective December 27, 2010 (OKd07)
Regulations.gov docket EPA-R06-OAR-2007-0314 [OK006]

     (a)  Stack height exclusion.  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.

     (b)  Determination of good engineering practice (GEP) stack height.  GEP stack height shall be the greater of:
          (1)  65 meters, measured from the ground-level elevation at the base of the stack; or
          (2)  The height under either OAC 252:100-8-1.5(b)(2)(A) or (B):
               (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 OAC 252:100-8 or 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:
                    (i)  Hg = good engineering practice stack height, measured from the ground-level elevation at the base of the stack,
                    (ii)  H = height of nearby structure(s) measured from the ground-level elevation at the base of the stack,
                    (iii)  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 Executive Director shall determine; or
          (3)  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.

     (c)  Nearby.
          (1)  For the formulae in OAC 252:100-8-1.5(b)(2).  A structure or terrain feature shall be considered nearby if it is located within a distance of up to five times the lesser of the height or the width of a structure, but not more than 0.5 miles (0.8 km).
          (2)  For demonstration in OAC 252:100-8-1.5(b)(3).
               (A)  A structure or terrain feature shall be considered nearby if located at a distance not greater than 0.5 mile (0.8 km), except that
               (B)  A portion of a terrain feature may be considered nearby if:
                    (i)  It falls within a distance (not to exceed 2 miles) of up to 10 times the maximum height (Ht) of the feature, and
                    (ii)  At a distance of 0.5 mile, the height of such feature is at least 40 percent of the GEP stack height determined by the formulae provided in OAC 252:100-8-1.5(b)(2)(B) or 85.3 feet (26 meters), whichever is greater, as measured from the base of the stack.
          (3)  Measurement of height of structure or terrain.  The height of the structure or terrain feature is measured from the ground-level elevation at the base of the stack.

     (d)  Excessive concentrations.  When utilized for the purpose of determining GEP stack height under OAC 252:100-8-1.5(b)(3), excessive concentrations shall be as follows:
          (1)  For sources seeking credit for stack height exceeding that calculated under OAC 252:100-8-1.5(b)(2), 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 (Part 7 of this Subchapter 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 Director, an alternative emission rate shall be established in consultation with the owner or operator;
          (2)  For sources seeking credit after October l, 1983, for increases in existing stack heights up to the heights established under OAC 252:100-8-1.5(b)(2) either:
               (A)  a maximum ground-level concentration due in whole or part to downwash, wakes or eddy effects as specified in OAC 252:100-8-1.5(b)(2), 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 Director; and
          (3)  For sources seeking credit after January 12, 1979 for a stack height determined under OAC 252:100-8-1.5(b)(2) where the Director 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 OAC 252:100-8-1.5(b)(2), 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.

****************** end ok 252:100 subchapter 8, part 1 **************d48**
*end OK OAC 252:100 Subchapter 8 Part 1*EPA-R06-OAR-2007-0314*OK006*OKd18*x87*