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Oklahoma SIP: OAC 252:100-8-2 to 252:100-8-8: Permits for Part 70 Sources

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

SUBCHAPTER 8.  PERMITS FOR PART 70 SOURCES

PART 5.  PERMITS FOR PART 70 SOURCES
Approved by EPA November 26, 2010 (75 FR 72695) effective December 27, 2010 (OKd07) OK006
Regulations.gov docket EPA-R06-OAR-2007-0314 document EPA-R06-OAR-2007-0314-0013

Sections
252:100-8-2.    Definitions
252:100-8-3.    Applicability
252:100-8-4.    Requirements for construction and operating permits
252:100-8-5.    Permit applications
252:100-8-6.    Permit content
252:100-8-6.1.  General permits
252:100-8-6.2.  Temporary sources
252:100-8-6.3.  Special provisions for affected (acid rain) sources
252:100-8-7.    Permit issuance
252:100-8-7.1.  Permit renewal and expiration
252:100-8-7.2.  Administrative permit amendments and permit modifications
252:100-8-7.3.  Reopening of operating permits for cause
252:100-8-7.4.  Revocations of operating permits
252:100-8-7.5.  Judicial review
252:100-8-8.    Permit review by EPA and affected states

NOTE TO READER:

OAC 252:100-8, Part 5, contains references to OAC 252:2-15 and sections and subsections of OAC 252:2-15.

*  OAC 252:2-15 is SIP OAC 252:4-7 (OAC 252 Chapter 4, Subchapter 7), "Environmental Permit Process."

*  In 252:100-8-2 in the definition of "Administrative Complete," the reference to 252:2-15-20(b)(3) is SIP subsection 252:4-7-13(b).

*  In 252:100-8-2 in the definition of "Draft permit" the reference to 252:100-2-15 should be 252:2-15 which is SIP OAC 252:4-7 as stated above.

*  In 252:100-8-4(b)(10) and 252:100-8-7(e), the reference to 252:2-15-70 is SIP sections 252:4-7-6 to 12 regarding review procedures and time lines.

*  In 252:100-8-7(e) and 252:100-8-8(f), the reference to 252:2-15-72 is SIP section 252:4-7-31, "Air quality times lines."

END NOTE TO READER


252:100-8-2.  Definitions
As adopted in the Oklahoma Register 05/15/2001 (18 Ok Reg 1455) effective 06/01/2001.

NOT in SIP:  Paragraph (C) under "Insignificant activities".


     The following words and terms, when used in this Part, shall have the following meaning, unless the context clearly indicates otherwise.  Except as specifically provided in this Section, terms used in this Part retain the meaning accorded them under the applicable requirements of the Act.

     "Administratively complete" means an application that provides:
          (A)  All information required under OAC 252:100-8-5(c), (d), or (e);
          (B)  A landowner affidavit as required by OAC 252:2-15-20(b)(3);
          (C)  The appropriate application fees as required by OAC 252:100-8-1.7; and
          (D)  Certification by the responsible official as required by OAC 252:100-8-5(f).

     "Affected source" means the same as the meaning given to it in the regulations promulgated under Title IV (acid rain) of the Act.

     "Affected states" means:
          (A)  all states:
               (i)  That are one of the following contiguous states: Arkansas, Colorado, Kansas, Missouri, New Mexico and Texas, and
               (ii)  That in the judgment of the DEQ may be directly affected by emissions from the facility seeking the permit, permit modification, or permit renewal being proposed; or
          (B)  all states that are within 50 miles of the permitted source.

     "Affected unit" means the same as the meaning given to it in the regulations promulgated under Title IV (acid rain) of the Act.

     "Applicable requirement" means all of the following as they apply to emissions units in a Part 70 source subject to this Chapter (including requirements that have been promulgated or approved by EPA through rulemaking at the time of issuance but have future effective compliance dates):
          (A)  Any standard or other requirements provided for in the applicable implementation plan approved or promulgated by EPA through rulemaking under Title I of the Act that implements the relevant requirements of the Act, including any revisions to that plan promulgated in 40 CFR Part 52;
          (B)  Any term or condition of any preconstruction permits issued pursuant to regulations approved or promulgated through rulemaking under Title I, including parts C or D, of the Act;
          (C)  Any standard or other requirement under section 111 of the Act, including section 111(d);
          (D)  Any standard or other requirement under section 112 of the Act, including any requirement concerning accident prevention under section 112(r)(7) of the Act, but not including the contents of any risk management plan required under 112(r) of the Act;
          (E)  Any standard or other requirement of the acid rain program under Title IV of the Act or the regulations promulgated thereunder;
          (F)  Any requirements established pursuant to section 504(b) or section 114(a)(3) of the Act;
          (G)  Any standard or other requirement governing solid waste incineration, under section 129 of the Act;
          (H)  Any standard or other requirement for consumer and commercial products, under section 183(e) of the Act;
          (I)  Any standard or other requirement for tank vessels, under section 183(f) of the Act;
          (J)  Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under Title VI of the Act, unless the Administrator has determined that such requirements need not be contained in a Title V permit; and
          (K)  Any national ambient air quality standard or increment or visibility requirement under part C of Title I of the Act, but only as it would apply to temporary sources permitted pursuant to section 504(e) of the Act.

     "Designated representative" means with respect to affected units, a responsible person or official authorized by the owner or operator of a unit to represent the owner or operator in matters pertaining to the holding, transfer, or disposition of allowances allocated to a unit, and the submission of and compliance with permits, permit applications, and compliance plans for the unit.

     "Draft permit" means the version of a permit for which the DEQ offers public participation under 27A O.S. §§ 2-14-101 through 2-14-401 and OAC 252:100-2-15 or affected State review under OAC 252:100-8-8.

     "Emergency" means, when used in OAC 252:100-8-6(a)(3)(C)(iii)(I) and (e), any situation arising from sudden and reasonably unforeseeable events beyond the control of the source, including acts of God, which situation requires immediate corrective action to restore normal operation, and that causes the source to exceed a technology-based emission limitation under the permit, due to unavoidable increases in emissions attributable to the emergency.  An emergency shall not include noncompliance to the extent caused by improperly designed equipment, lack of preventive maintenance, careless or improper operation, or operator error.

     "Emissions allowable under the permit" means a federally enforceable permit term or condition determined at issuance to be required by an applicable requirement that establishes an emissions limit (including a work practice standard) or a federally enforceable emissions cap that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject.

     "Emissions unit" means any part or activity of a stationary source that emits or has the potential to emit any regulated air pollutant or any pollutant listed under section 112(b) of the Act.  Fugitive emissions from valves, flanges, etc. associated with a specific unit process shall be identified with that specific emission unit.  This term is not meant to alter or affect the definition of the term "unit" for purposes of Title IV of the Act.

     "Final permit" means the version of a part 70 permit issued by the DEQ that has completed all review procedures required by OAC 252:100-8-7 through 252:100-8-7.5 and OAC 252:100-8-8.

     "Fugitive emissions" means those emissions of regulated air pollutants which could not reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening.

     "General permit" means a part 70 permit that meets the requirements of OAC 252:100-8-6.1.

     "Insignificant activities" means individual emissions units that are either on the list approved by the Administrator and contained in Appendix I, or whose actual calendar year emissions do not exceed any of the limits in (A) through (C) of this definition.  Any activity to which a State or federal applicable requirement applies is not insignificant even if it meets the criteria below or is included on the insignificant activities list.
          (A)  5 tons per year of any one criteria pollutant.
          (B)  2 tons per year for any one hazardous air pollutant (HAP) or 5 tons per year for an aggregate of two or more HAP's, or 20 percent of any threshold less than 10 tons per year for single HAP that the EPA may establish by rule.
          NOT in SIP:  (C)  0.6 tons per year for any one category A substance, 1.2 tons per year for any one category B substance or 6 tons per year for any one category C substance as defined in OAC 252:100-41-40.

     "MACT" means maximum achievable control technology.

     "Major source" means any stationary source (or any group of stationary sources that are located on one or more contiguous or adjacent properties and are under common control of the same person (or persons under common control)) belonging to a single major industrial grouping and that is described in subparagraph (A), (B), or (C) of this definition.  For the purposes of defining "major source," a stationary source or group of stationary sources shall be considered part of a single industrial grouping if all of the pollutant emitting activities at such source or group of sources on contiguous or adjacent properties belong to the same Major Group (i.e., all have the same two-digit primary SIC code) as described in the Standard Industrial Classification Manual, 1987.
          (A)  A major source under section 112 of the Act, which is defined as:
               (i)  For pollutants other than radionuclides, any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit, in the aggregate, 10 tons per year ("tpy") or more of any hazardous air pollutant which has been listed pursuant to section 112(b) of the Act, 25 tpy or more of any combination of such hazardous air pollutants, or such lesser quantity as the Administrator may establish by rule.  Notwithstanding the preceding sentence, emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from any pipeline compressor or pump station shall not be aggregated with emissions from other similar units, whether or not such units are in a contiguous area or under common control, to determine whether such units or stations are major sources; or.
               (ii)  For radionuclides, "major source" shall have the meaning specified by the Administrator by rule.
          (B)  A major stationary source of air pollutants, as defined in section 302 of the Act, that directly emits or has the potential to emit, 100 tpy or more of any regulated air pollutant (except that fraction of particulate matter that exhibits an average aerodynamic particle diameter of more than 10 micrometers) (including any major source of fugitive emissions of any such pollutant, as determined by rule by the Administrator).  The fugitive emissions of a stationary source shall not be considered in determining whether it is a major stationary source for the purposes of section 302(j) of the Act, unless the source belongs to one of the following categories of stationary sources:
               (i)  Coal cleaning plants (with thermal dryers);
               (ii)  Kraft pulp mills;
               (iii)  Portland cement plants;
               (iv)  Primary zinc smelters;
               (v)  Iron and steel mills;
               (vi)  Primary aluminum ore reduction plants;
               (vii)  Primary copper smelters;
               (viii)  Municipal incinerators capable of charging more than 250 tons of refuse per day;
               (ix)  Hydrofluoric, sulfuric, or nitric acid plants;
               (x)  Petroleum refineries;
               (xi)  Lime plants;
               (xii)  Phosphate rock processing plants;
               (xiii)  Coke oven batteries;
               (xiv)  Sulfur recovery plants;
               (xv)  Carbon black plants (furnace process);
               (xvi)  Primary lead smelters;
               (xvii)  Fuel conversion plants;
               (xviii)  Sintering plants;
               (xix)  Secondary metal production plants;
               (xx)  Chemical process plants;
               (xxi)  Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input;
               (xxii)  Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;
               (xxiii)  Taconite ore processing plants;
               (xxiv)  Glass fiber processing plants;
               (xxv)  Charcoal production plants;
               (xxvi)  Fossil-fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; or
               (xxvii)  All other stationary source categories which, as of August 7, 1980, are being regulated by a standard promulgated under section 111 or 112 of the Act, but only with respect to those air pollutants that have been regulated for that category.
          (C)  A major stationary source as defined in part D of Title I of the Act, including:
               (i)  For ozone non-attainment areas, sources with the potential to emit 100 tpy or more of volatile organic compounds or oxides of nitrogen in areas classified as "marginal" or "moderate," 50 tpy or more in areas classified as "serious," 25 tpy or more in areas classified as "severe," and 10 tpy or more in areas classified as "extreme"; except that the references in this paragraph to 100, 50, 25, and 10 tpy of nitrogen oxides shall not apply with respect to any source for which the Administrator has made a finding, under section 182(f)(1) or (2) of the Act, that requirements under section 182(f) of the Act do not apply;
               (ii)  For ozone transport regions established pursuant to section 184 of the Act, sources with the potential to emit 50 tpy or more of volatile organic compounds;
               (iii)  For carbon monoxide non-attainment areas:
                    (I)  that are classified as "serious"; and
                    (II)  in which stationary sources contribute significantly to carbon monoxide levels as determined under rules issued by the Administrator, sources with the potential to emit 50 tpy or more of carbon monoxide; and
               (iv)  For particulate matter (PM-10) non-attainment areas classified as "serious," sources with the potential to emit 70 tpy or more of PM-10.

     "Maximum capacity" means the quantity of air contaminants that theoretically could be emitted by a stationary source without control devices based on the design capacity or maximum production capacity of the source and 8,760 hours of operation per year.  In determining the maximum theoretical emissions of VOCs for a source, the design capacity or maximum production capacity shall include the use of raw materials, coatings and inks with the highest VOC content used in practice by the source.

     "Permit" means (unless the context suggests otherwise) any permit or group of permits covering a Part 70 source that is issued, renewed, amended, or revised pursuant to this Chapter.

     "Permit modification" means a revision to a Part 70 construction or operating permit that meets the requirements of OAC 252:100-8-7.2(b).

     "Permit program costs" means all reasonable (direct and indirect) costs required to develop and administer a permit program, as set forth in OAC 252:100-5-2.2 (whether such costs are incurred by the DEQ or other State or local agencies that do not issue permits directly, but that support permit issuance or administration).

     "Permit revision" means any permit modification or administrative permit amendment.

     "Potential to emit" means the maximum capacity of a stationary source to emit any air pollutant under its physical and operational design.  Any physical or operational limitation on the capacity of a source to emit an air 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 is enforceable by the Administrator.  This term does not alter or affect the use of this term for any other purposes under the Act, or the term "capacity factor" as used in Title IV of the Act or the regulations promulgated thereunder.

     "Proposed permit" means the version of a permit that the DEQ proposes to issue and forwards to the Administrator for review in compliance with  OAC 252:100-8-8.

     "Regulated air pollutant" means the following:
          (A)  Nitrogen oxides or any volatile organic compound (VOC), including those substances defined in OAC 252:100-1-3, 252:100-37-2, and 252:100-39-2, except those specifically excluded in the EPA definition of VOC in 40 CFR 51.100(s);
          (B)  Any pollutant for which a national ambient air quality standard has been promulgated;
          (C)  Any pollutant that is subject to any standard promulgated under section 111 of the Act;
          (D)  Any Class I or II ozone-depleting substance subject to a standard promulgated under or established by Title VI of the Act;
          (E)  Any pollutant subject to a standard promulgated under section 112 or other requirements established under section 112 of the Act (Hazardous Air Pollutants), including sections 112(g) (Modifications), (j) (Equivalent Emission Limitation by Permit), and (r) (Prevention of Accidental Releases), including the following:
               (i)  any pollutant subject to the requirements under section 112(j) of the Act.  If the Administrator fails to promulgate a standard by the date established pursuant to section 112(e) of the Act (Schedule for Standards and Review), any pollutant for which a subject source would be major shall be considered to be regulated as to that source on the date 18 months after the applicable date established pursuant to section 112(e) of the Act; and,
               (ii)  any pollutant for which the requirements of section 112(g)(2) of the Act have been met, but only with respect to the individual source subject to the section 112(g)(2) requirement; or
          (F)  Any other substance for which an air emission limitation or equipment standard is set by an existing permit or regulation.

     "Renewal" means the process by which a permit is reissued at the end of its term.

     "Responsible official" means one of the following:
          (A)  For a corporation: a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and either:
               (i)  The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or
               (ii)  The delegation of authority to such representatives is approved in advance by the DEQ;
          (B)  For the partnership or sole proprietorship: a general partner or the proprietor, respectively;
          (C)  For a municipality, State, Federal, or other public agency: Either a principal executive officer or ranking elected official.  For purposes of this Subchapter, a principal executive officer or installation commander of a Federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of EPA); or
          (D)  For affected sources:
               (i)  The designated representative in so far as actions, standards, requirements, or prohibitions under Title IV of the Act or the regulations promulgated thereunder are concerned; and
               (ii)  The designated representative for any other purposes under this Subchapter.

     "Section 502(b)(10) changes" means changes that contravene an express permit term.  Such changes do not include changes that would violate applicable requirements or contravene federally enforceable permit terms and conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements.

     "Small unit" means a fossil fuel fired combustion device which serves a generator with a name plate capacity of 25 MWe or less.

     "State-only requirement" means any standard or requirement pursuant to Oklahoma Clean Air Act (27A O.S. §§ 2-5-101 through 2-5-118, as amended) that is not contained in the State Implementation Plan (SIP).

     "State program" means a program approved by the Administrator under 40 CFR Part 70.

     "Stationary source" means any building, structure, facility, or installation that emits or may emit any regulated air pollutant or any pollutant listed under section 112(b) of the Act.

     "Trivial activities" means any individual or combination of air emissions units that are considered inconsequential and are on a list approved by the Administrator and contained in Appendix J.

     "Unit" means, for purposes of Title IV, a fossil fuel-fired combustion device.


252:100-8-3.  Applicability
As adopted in the Oklahoma Register 05/15/2001 (18 Ok Reg 1455) effective 06/01/2001.

     (a)  Covered sources.  Except as exempted from the requirement to obtain a permit under subsection (b) of this Section or elsewhere in this Subchapter, the sources listed below are subject to the permitting requirements under this Subchapter.  A major source or major stationary source shall remain a Part 70 source until a federally enforceable permit is obtained which contains emission limitations and/or conditions to limit the operation of the facility to below that which would define it as a covered source pursuant to this section.
          (1)  Any major source (as defined in OAC 252:100-8-2);
          (2)  Any source subject to a NSPS;
          (3)  Any source, including an area source, subject to a NESHAP;
          (4)  Any affected source (as defined in OAC 252:100-8-2);
          (5)  Any source in a source category designated by the Administrator pursuant to 40 CFR §70.3; and
          (6)  Any major stationary source required to have a permit under Parts 7 or 9 of this Subchapter.
     (b)  Source category exemptions.
          (1)  All sources listed in subsection (a) of this section that are not major sources, major stationary sources, affected sources, or solid waste incineration units required to obtain a permit pursuant to section 129(e) of the Act, are exempt from the obligation to obtain a Part 70 permit unless required to do so by appropriate implementation of EPA administrative rulemaking for non-major sources.  Any such exempt source may opt to apply for a permit under these rules and shall be issued a permit if the applicant otherwise satisfies all of the requirements of this Chapter.
          (2)  If the Administrator determines after appropriate rulemaking that an exemption is applicable to non-major sources when adopting standards or other requirements under section 111 or section 112 of the Act after July 21, 1992, then at that time the exemption will apply.
          (3)  Unless otherwise required to obtain a Part 70 permit, the following source categories are exempted from the obligation to obtain a Part 70 permit:
               (A)  All sources in source categories that would be required to obtain a permit solely because they are subject to part 60, subpart AAA -- Standards of Performance for New Residential Wood Heaters; and
               (B)  All sources in source categories that would be required to obtain a permit solely because they are subject to part 61, subpart M -- National Emission Standard for Hazardous Air Pollutants for Asbestos, Section 61.145, Standard for Demolition and Renovation.


252:100-8-4.  Requirements for construction and operating permits
As adopted in the Oklahoma Register 05/15/2001 (18 Ok Reg 1455) effective 06/01/2001.

     (a)  Construction permits.
          (1)  Construction permit required.  No person shall begin actual construction or installation of any new source that will require a Part 70 operating permit without first obtaining a DEQ-issued air quality construction permit.  A construction permit is also required prior to reconstruction of a major affected source under 40 CFR Part 63, reconstruction of a major source if it would then become a major affected source under 40 CFR 63, or for any physical change that would be a significant modification under OAC 252:100-8-7.2(b)(2).  In addition to the requirements of this Part, sources subject to Part 7 or Part 9 of this Subchapter must also meet the applicable requirements contained therein.
          (2)  Requirement for case-by-case MACT determinations.
               (A)  Applicability.  The requirement for case-by-case MACT determinations apply to any owner or operator who constructs or reconstructs a major source of hazardous air pollutants after June 29, 1998, unless the source has been specifically regulated or exempted from regulation under a subpart of 40 CFR Part 63, or the owner or operator has received all necessary air quality permits for such construction or reconstruction before June 29, 1998.
               (B)  Exclusions.  The following sources are not subject to this subsection.
                    (i)  Electric utility steam generating units unless and until these units are added to the source category list.
                    (ii)  Stationary sources that are within a source category that has been deleted from the source category list.
                    (iii)  Research and development activities as defined in 40 CFR § 63.41.
               (C)  MACT determinations.  If subject to this subsection, an owner or operator may not begin actual construction or reconstruction of a major source of HAP until obtaining from the DEQ an approved MACT determination in accordance with the following regulations:  40 CFR 63.41, 40 CFR 63.43 and 40 CFR 63.44, which are hereby incorporated by reference as they exist on July 1, 2000.

     (b)  Operating permits.
          (1)  Operating permits required.  Except as provided in subparagraphs (A) and (B) of this section, no Part 70 source subject to this Chapter may operate after the time that it is required to file a timely application with the DEQ, except in compliance with a DEQ-issued permit.
               (A)  If the owner or operator of a source subject to the requirement to obtain a Part 70 permit submits a timely application for Part 70 permit issuance or renewal, that source's failure to have a Part 70 permit shall not be a violation of the requirement to have such a permit until the DEQ takes final action on the application.  This protection shall cease to apply if the applicant fails to submit, by the deadline specified in writing by the DEQ or OAC 252:100-8-4, any additional information identified as being reasonably required to process the application.
               (B)  If the owner or operator of a source subject to this Subchapter files a timely application that the DEQ determines to be administratively incomplete due to the applicant's failure to timely provide additional information requested by the DEQ, the applicant loses the protection granted under paragraph (A) of this Section.  The source's failure to have a Part 70 permit shall be deemed a violation of this Subchapter.
               (C)  Filing an operating permit application shall not affect the requirement, if any, that a source have a construction permit.
          (2)  Duty to apply.  For each Part 70 source, the owner or operator shall submit a timely and complete permit application on forms supplied by the DEQ in accordance with this section.
          (3)  Timely application.  Sources that are subject to the operating permit program established by this Chapter as of March 6, 1996, shall file applications on the following schedules outlined in OAC 252:100-8-4(b)(4).  A timely application is one that is postmarked on or before the relevant date listed below.  In the event a major source consists of operations under multiple SIC codes, the primary activity shall form the basis for the initial permit application.
          (4)  Application submittal schedule.  The following sources are subject to the operating permit program and shall submit initial permit applications according to the following schedule.
               (A)  No later than September 5, 1996:
                    (i)  Affected sources under the acid rain provisions of the Act shall submit a permit application for at least the affected units at the site.  Regardless of the effective date of the program and the requirement to file an application defined in this section, applications for initial Phase II acid rain permits shall be submitted to the DEQ no later than January 1, 1996, for sulfur dioxide, and by January 1, 1998, for nitrogen oxides, pursuant to the Act, §407.
                    (ii)  Any owner or operator shall submit no less than one-third of their total applications for Part 70 sources located at sources classified by the following Source Standard Industrial Classification Codes and which belong to a single major industrial grouping other than 28 (Chemicals and allied products) or 29 (Petroleum refining and related industries):
                         (I)  Petroleum and Natural Gas, 1311;
                         (II)  Natural Gas Liquids, 1321;
                         (III)  Electric Services, 4911, 4961;
                         (IV)  Natural Gas Transmission, 4922;
                         (V)  Natural Gas Transmission and Distribution, 4923; and
                         (VI)  Petroleum Bulk Stations and Terminals, 5171.
               (B)  All remaining Part 70 sources identified in (b)(4)(A)(ii) of this Subsection shall be subject to the operating permit program and shall submit initial permit applications no later than March 5, 1997.
               (C)  No later than March 5, 1997, any owner or operator shall submit their applications for Part 70 sources located at sources classified by the following Standard Industrial Classification Codes:
                    (i)  Metals, 3312, 3315, 3321, 3341, 3351, 3411, 3412, 3432, 3466,
                    (ii)  Brick Plants, 3251, 3297,
                    (iii)  Commercial Printing, 2752, 2761.
               (D)  No later than July 5, 1998, any owner or operator shall submit their applications for Part 70 sources located at sources classified by the following Standard Industrial Classification Codes:
                    (i)  Refineries, 2911;
                    (ii)  Cement Plants, 3241;
                    (iii)  Chemical/Carbon, 2819, 2821, 2851, 2861, 2869, 2891, 2895, 2899, 2999, 3053, 3086, 3089;
                    (iv)  Petroleum Transportation/Terminals/Storage, 4612, 4613;
                    (v)  Food Products, 2013, 2074, 2095.
               (E)  All remaining Part 70 sources shall be subject to the operating permit program and shall submit initial permit applications no later than March 6, 1999.
          (5)  Newly regulated sources.  A source that becomes subject to the operating permit program established by this Chapter at any time following the effective date shall file an administratively complete operating permit application within 180 days of commencement of operation.
          (6)  Application acceptability.  Notwithstanding the deadlines established in paragraph (4) of this subsection, an application filed prior to the above deadlines following submission of the state program to EPA for approval shall be accepted for processing.
          (7)  112(g) applications.  A source that is required to meet the requirements under section 112(g) of the Act, or to have a permit under a preconstruction review program under Title I of such Act, shall file an application to obtain an operating permit or permit amendment or modification within twelve months of commencing operation.  Where an existing Part 70 operating permit would prohibit such construction or change in operation, the source must obtain a construction permit before commencing construction.
          (8)  Application for renewal.  Sources subject to this Chapter shall file an application for renewal of an operating permit at least six months before the date of permit expiration, unless a longer period (not to exceed 18 months) is specified in the permit.  Renewal periods greater than six months are subject to negotiation on a case-by-case basis.
          (9)  Phase II acid rain permits.  Sources required to submit applications under the Acid Rain Program shall submit these applications as required by 40 CFR 72.30(b)(2)(i) through (viii).
          (10)  Application completeness.  See Uniform Permitting Rules, OAC 252:2-15-70 and the definition of "administratively complete" in OAC 252:100-8-2.


252:100-8-5.  Permit applications
As adopted in the Oklahoma Register 05/15/2001 (18 Ok Reg 1455) effective 06/01/2001.

     (a)  Confidential information.  If a source submits information to the DEQ under a claim of confidentiality, the source shall also submit a copy of such information directly to the Administrator, if the DEQ requests that the source do so.

     (b)  Duty to supplement or correct application.  Any applicant who fails to submit any relevant facts or who has submitted incorrect information in a permit application shall, upon becoming aware of such failure or incorrect submittal, submit such supplementary facts or corrected information within 30 days unless the applicant's request for more time has been approved by the DEQ.  In addition, an applicant shall provide additional information as necessary to address any requirements that become applicable to the source after the date it filed a complete application but prior to release of a draft permit.

     (c)  Standard application form and required information.  Sources that are subject to the Part 70 permit program established by this Chapter shall file applications on the standard application form that the DEQ makes available for that purpose in accordance with OAC 252:2-15.  The application must include information needed to determine the applicability of any applicable requirement, or state-only requirement, or to evaluate the fee amount required under the schedule approved pursuant to OAC 252:100-5-2.2(b)(2).  The applicant shall submit the information called for by the application form for each emissions unit at the source to be permitted.  The source must provide a list of any insignificant activities that are exempted because of size or production rate.  Trivial activities need not be listed.  The standard application form and any attachments shall require that the information required by OAC 252:100-8-5(d) and/or (e) be provided.

     (d)  Construction permit applications.
          (1)  An application for a construction permit shall provide data and information required by this Chapter and/or requested on the application form available from the DEQ pursuant to the requirements of this Chapter.  Such data and information shall include but not be limited to site information, process description, emission data and when required, BACT, modeling and sampling point data as follows:
               (A)  BACT determination.  To be approved for a construction permit, a major source must demonstrate that the control technology to be applied is the best that is available for each pollutant that would cause the source to be defined as a major source.  This determination will be made on a case by case basis taking into account energy, environmental, and economic impacts and other costs of alternative control systems.  Unless required under Part 7 of this Subchapter, a BACT determination is not required for a modification that will result in an increase of emissions of less than 100 tons per year of any regulated air pollutant.
               (B)  Modeling.  Any air quality modeling or ambient impact evaluation that is required shall be prepared in accordance with procedures acceptable to the DEQ and accomplished by the applicant.
               (C)  Sampling points.  If required by the DEQ an application shall show how the new source will be equipped with sampling ports, instrumentation to monitor and record emission data and other sampling and/or testing equipment.
          (2)  Construction permit applications for new sources must also include the requirements for operating permits contained in OAC 252:100-8-5(e) to the extent they are applicable.

     (e)  Operating permit applications.
          (1)  Identifying information, including company name and address (or plant name and address if different from the company name), owner's name and agent, and telephone number and names of plant site manager/contact.
          (2)  A description of the source's processes and products (by two-digit Standard Industrial Classification Code) including any associated with each alternate scenario identified by the source.
          (3)  The following emissions-related information:
               (A)  All emissions of pollutants for which the source is major, and all emissions (including fugitive emissions) of regulated air pollutants.  The permit application shall describe all emissions of regulated air pollutants emitted from any emissions unit, except where such units are exempted under subsection (c) of this Section or OAC 252:100-8-3(b).
               (B)  Identification and description of all points of emissions described in subparagraph (e)(3)(A) of this Section in sufficient detail to establish the basis for fees and applicability of the Act's requirements.
               (C)  Emissions rates in tons per year and in such terms as are necessary to establish compliance consistent with the applicable standard.
               (D)  The following information to the extent it is needed to determine or regulate emissions:
                    (i)  fuels,
                    (ii)  fuel use,
                    (iii)  raw materials,
                    (iv)  production rates, and
                    (v)  operating schedules.
               (E)  Identification and description of air pollution control equipment and compliance monitoring devices or activities.
               (F)  Limitations on source operation affecting emissions or any work practice standards, where applicable, for all regulated pollutants at the covered source.
               (G)  Other information required by any applicable requirement, or state-only requirement (including information related to stack height limitations developed pursuant to section 123 of the Act).
               (H)  Calculations on which the information in items (A) through (G) of this paragraph is based.
          (4)  The following air pollution control requirements:
               (A)  Citation and description of all applicable requirements and all state-only requirements.
               (B)  Description of or reference to any applicable test method for determining compliance with each applicable requirement and state-only requirement.
          (5)  Other specific information required under the DEQ's rules and statutes to implement and enforce other applicable requirements of the Act or of this Chapter or to determine the applicability of such requirements.
          (6)  An explanation of any proposed exemptions from otherwise applicable requirements and state-only requirements.
          (7)  Additional information as determined to be necessary by the DEQ to define alternative operating scenarios identified by the source pursuant to OAC 252:100-8-6(a)(9) or to define permit terms and conditions implementing OAC 252:100-8-6(f) or 252:100-8-6(a)(10).
          (8)  A compliance plan for all covered sources that contains all the following:
               (A)  A description of the compliance status of the source with respect to all applicable requirements and state-only requirements as follows:
                    (i)  For applicable requirements and state-only requirements with which the source is in compliance, a statement that the source will continue to comply with such requirements.
                    (ii)  For applicable requirements and state-only requirements that will become effective during the permit term, a statement that the source will meet such requirements on a timely basis shall satisfy this provision, unless a more detailed schedule is expressly required by the applicable requirement.
                    (iii)  For requirements for which the source is not in compliance at the time of permit issuance, a narrative description of how the source will achieve compliance with such requirements.
               (B)  For sources not in complete compliance, a compliance schedule as follows:
                    (i)  A schedule of compliance for sources that are not in compliance with all applicable requirements and state-only requirements at the time of permit issuance.  Such a schedule shall include a schedule of remedial measures, including an enforceable sequence of actions with milestones, leading to compliance with any applicable requirements and state-only requirements for which the source will be in noncompliance at the time of permit issuance.  This compliance schedule shall resemble and be equivalent in stringency to that contained in any judicial consent decree or administrative order to which the source is subject.  Any such schedule of compliance shall be supplemental to, and shall not sanction non-compliance with, the applicable requirements on which it is based.
                    (ii)  A schedule for submission of certified progress reports no less frequently than every 6 months.
               (C)  The compliance plan content requirements specified in this paragraph shall apply and be included in the acid rain portion of a compliance plan for an affected source, except as specifically superseded by regulations promulgated under Title IV of the Act with regard to the schedule and method(s) the source will use to achieve compliance with the acid rain emissions limitations.
          (9)  Requirements for compliance certification, including the following:
               (A)  A certification of compliance with all applicable requirements and state-only requirements by a responsible official consistent with subsection (f) of this section and section 114(a)(3) of the Act;
               (B)  A statement of methods used for determining compliance, including a description of monitoring, recordkeeping, and reporting requirements and test methods;
               (C)  A schedule for submission of compliance certifications during the permit term, which shall be submitted annually, or more frequently if required by an underlying applicable requirement, state-only requirements, or by the permitting authority; and
               (D)  A statement indicating the source's compliance status with any applicable enhanced monitoring and compliance certification requirements of the Act.
          (10)  The use of nationally-standardized forms for acid rain portions of permit applications and compliance plans, as required by regulations promulgated under Title IV of the Act.

     (f)  Certification.  Any application form, report, or compliance certification submitted pursuant to this Chapter shall contain certification by a responsible official of truth, accuracy, and completeness.  This certification and any other certification required under this Chapter shall be signed by a responsible official and shall contain the following language:  "I certify, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete."


252:100-8-6.  Permit content
As adopted in the Oklahoma Register 05/15/2001 (18 Ok Reg 1455) effective 06/01/2001.

     (a)  Standard permit requirements.  Part 70 permits issued under this Chapter shall include all applicable requirements and state-only requirements (as defined in OAC 252:100-8-2) that apply to the permitted source at the time of issuance.  Each permit shall include the following elements:
          (1)  Emission limitations and standards.  The permit shall specify emissions limitations and standards that constitute applicable requirements and state-only requirements and shall include those operational conditions and limitations necessary to assure compliance with all such requirements.
               (A)  The permit shall specify and reference the origin of and authority for each term or condition, and identify any difference in form as compared to the applicable requirement or state-only requirement upon which the term or condition is based.
               (B)  The permit shall state that, where an applicable requirement of the Act is more stringent than an applicable requirement of regulations promulgated under Title IV of the Act, both provisions shall be incorporated into the permit and shall be enforceable by EPA.
               (C)  If the State implementation plan or an applicable requirement allows a source to comply through an alternative emission limit or means of compliance, a source may request that such an alternative limit or means of compliance be specified in its permit.  Such an alternative emission limit or means of compliance shall be included in a source's permit upon a showing that it is quantifiable, accountable, enforceable, and based on replicable procedures.  The source shall propose permit terms and conditions to satisfy these requirements in its application.
          (2)  Permit duration.
               (A)  Operating permits.  The permit shall specify a fixed term. The DEQ shall issue permits for any fixed period requested in the permit application, not to exceed five years, except as provided in subparagraphs (i) and (ii) of this paragraph:
                    (i)  Permits issued to affected sources shall in all cases have a fixed term of five years.
                    (ii)  Permits issued to solid waste incineration units combusting municipal waste subject to standards under section 129(e) of the Act shall have a term not to exceed 12 years.  Such permits shall be reviewed every five years.
               (B)  Construction permits.  See OAC 252:100-8-1.4.
          (3)  Monitoring and related recordkeeping and reporting requirements.
               (A)  Monitoring requirements.
                    (i)  All emissions monitoring and analysis procedures or test methods required under applicable requirements and state-only requirements, including any procedures and methods promulgated pursuant to sections 114(a)(3) or 504(b) of the Act;
                    (ii)  Where an applicable requirement or state-only requirement does not require periodic testing or instrumental or non-instrumental monitoring (which may consist of recordkeeping designed to serve as monitoring), periodic monitoring during the relevant time period sufficient to yield reliable data that are representative of the source's compliance with the permit, as reported pursuant to (a)(3)(C) of this section.  Such monitoring requirements shall assure use of terms, test methods, units, averaging periods, and other statistical conventions consistent with the applicable requirement or state-only requirement.  Recordkeeping provisions may be sufficient to meet the requirements of this subparagraph.
                    (iii)  As necessary, requirements concerning the use, maintenance, and, where appropriate, installation of monitoring equipment or methods.
                    (iv)  Provisions for the permittee to request the use of alternative test methods or analysis procedures, and provisions for the DEQ to approve or disapprove the request within 60 days.
               (B)  Recordkeeping requirements.  The permit shall incorporate all applicable recordkeeping requirements and require, where applicable, the following:
                    (i)  Records of required monitoring information that include the following:
                         (I)  The date, place as defined in the permit, and time of sampling or measurements;
                         (II)  The date(s) analyses were performed;
                         (III)  The company or entity that performed the analyses;
                         (IV)  The analytical techniques or methods used;
                         (V)  The results of such analyses; and
                         (VI)  The operating conditions existing at the time of sampling or measurement.
                    (ii)  Retention of records of all required monitoring data and support information for a period of at least five years from the date of the monitoring sample, measurement, report, or application.  Support information includes all calibration and maintenance records and all original stripchart recordings for continuous monitoring instrumentation, and copies of all reports required by the permit.  Where appropriate, the permit may specify that records may be maintained in computerized form.
               (C)  Reporting requirements.  The permit shall incorporate all applicable reporting requirements and require the following requirements:
                    (i)  A permit issued under this Part shall require the permittee to submit a report of any required monitoring at least every six months.  To the extent possible, the schedule for submission of such reports shall be timed to coincide with other periodic reports required by the permit, including the permittee's annual compliance certification.  However, the reports may be submitted at any time within the reporting period, as stipulated in the permit.
                    (ii)  Each report submitted under (C)(i) of this paragraph shall identify any exceedances from permit requirements since the previous report that have been monitored by the monitoring systems required under the permit, and any exceedances from the monitoring, recordkeeping and reporting requirements under the permit.
                    (iii)  In addition to semiannual monitoring reports, each permittee shall be required to submit supplemental reports as follows:
                         (I)  Any exceedance resulting from an emergency as defined in OAC 252:100-8-2 or upset conditions as defined in the permit shall be reported promptly but no later than 4:30 p.m. on the next working day after the permittee first becomes aware of the exceedance.  The initial report must contain a description of the emergency or upset conditions, any steps taken to mitigate emissions, and corrective actions taken.  Quantification of exceedances attributable to emergencies or upset conditions shall be made by the best available method.  If the permittee wishes to assert the affirmative defense authorized under subsection (e) of this Section for emergencies, the permittee shall submit a followup written report within 10 working days of first becoming aware of the exceedance.
                         (II)  Any exceedance that poses an imminent and substantial danger to public health, safety, or the environment shall be reported as soon as is practicable; but under no circumstance shall notification be more than 24 hours after exceedance.
                         (III)  Any other exceedances that are identified in the permit as requiring more frequent reporting than the permittee's semiannual report shall be reported on the schedule specified in the permit.
                         (IV)  All reports of exceedances shall identify the probable cause of the exceedances and any corrective actions or preventive measures taken.
                    (iv)  Every report submitted under this subsection shall be certified by a responsible official, except that if a report of an exceedance required under (C)(iii) of this paragraph must be submitted within ten days of the exceedance, the report may be submitted in the first instance without a certification if an appropriate certification is provided within ten days thereafter, together with any corrected or supplemental information required concerning the exceedance.  Reports submitted shall be consistent with the requirements of OAC 252:100-9.
          (4)  Risk management plans.  If the source is required to develop and register a risk management plan pursuant to section 112(r) of the Act, the permit need only specify that the permittee will comply with the requirement to register such a plan.  Although the requirement to have a risk management plan may be a term of the permit, the risk management plan contents are not part of the permit.
          (5)  Title IV allowances.
               (A)  No permit revision shall be required for increases in emissions that are authorized by allowances acquired pursuant to the acid rain program, provided that such increases do not require a permit revision under any other applicable requirement.
               (B)  No limit shall be placed on the number of allowances held by the source.  The source may not, however, use allowances as a defense to noncompliance with any other applicable requirement.
               (C)  The permit shall prohibit emissions exceeding any allowance that the source lawfully holds under Title IV of the Act or the regulations promulgated thereunder.  Compliance with this paragraph will be determined on January 31st of any given year and be based on actual emissions and the number of allowances held for the previous calendar year.
          (6)  Severability clause.  The permit shall include a severability clause to ensure the continued validity of the various permit requirements in the event of a challenge to any portions of the permit.
          (7)  General requirements.  The permit shall include provisions stating the following:
               (A)  The permittee must comply with all conditions of the permit.  Any permit noncompliance constitutes a violation of the Oklahoma Clean Air Act and is grounds for:
                    (i)  enforcement action;
                    (ii)  permit termination, revocation and reissuance, or modification; or
                    (iii)  denial of a permit renewal application.
               (B)  It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.  However, nothing in this subsection shall be construed as precluding consideration of a need to halt or reduce activity as a mitigating factor in assessing penalties for noncompliance if the health, safety, or environmental impacts of halting or reducing operations would be more serious than the impacts of continuing operations.
               (C)  The permit may be modified, revoked, reopened, and reissued, or terminated for cause.  Except as provided under OAC 252:100-8-7.2(b)(1) for minor permit modifications, the filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or of a notification of planned changes or anticipated noncompliance does not stay any permit condition.
               (D)  The permit does not convey any property rights of any sort or any exclusive privilege.
               (E)  The permittee shall furnish to the DEQ, upon receipt of a written request and within a reasonable time, any information that the DEQ may request to determine whether cause exists for modifying, reopening, or revoking and reissuing or terminating the permit or to determine compliance with the permit.  Upon request, the permittee shall also furnish to the DEQ copies of records required to be kept by the permit.  The permittee may make a claim of confidentiality pursuant to 27A O.S. § 2-5-105.18 for any information or records submitted under this paragraph.
          (8)  Fees.  The permit shall provide that the permittee will pay fees to the DEQ consistent with the fee schedule established under OAC 252:100-5-2.2.
          (9)  Emissions trading.  The permit shall provide that no permit revision shall be required under any approved economic incentives, marketable permits, emissions trading and other similar programs or processes for changes that are provided for in the permit.
          (10)  Operating scenarios.  The permit shall include terms and conditions applicable to all operating scenarios described in the permit application and eligible for approval under applicable requirements and state-only requirements.  The permit shall authorize the permittee to make changes among operating scenarios authorized in the permit without notice, but shall require the permittee contemporaneously with making a change from one operating scenario to another to record in a log at the permitted facility the scenario under which it is operating.
          (11)  Emissions averaging.  The permit shall include terms and conditions, if the permit applicant requests them, for the trading or averaging of emissions increases and decreases in the permitted facility, to the extent that the applicable requirements provide for trading or averaging such increases and decreases.  Such terms and conditions shall include terms under subsections (a) and (c) of this Section to determine compliance and shall satisfy all requirements of the applicable requirements authorizing such trading or averaging.

     (b)  Federally enforceable requirements.
          (1)  Except as provided in paragraph (b)(2) of this Section, all terms and conditions in a permit issued under this Section, including any provisions designed to limit a source's potential to emit, are enforceable by the DEQ, by EPA, and by citizens under section 304 of the Act.
          (2)  Notwithstanding paragraph (b)(1) of this Section, the DEQ shall designate as not being federally enforceable under the Act any terms and conditions included in the permit that are not required under the Act or any of its applicable requirements, and such terms and conditions shall not be enforceable by EPA and citizens under section 304 of the Act.

     (c)  Compliance requirements.  All permits issued under this Part shall contain the following elements with respect to compliance:
          (1)  Consistent with paragraph (a)(3) of this Section, compliance certification, testing, monitoring, reporting, and recordkeeping requirements sufficient to assure compliance with the terms and conditions of the permit.  Any document (including reports) required by a permit under this Part shall contain a certification by a responsible official as to the results of the required monitoring.
          (2)  Inspection and entry requirements that require that, upon presentation of credentials and other documents as may be required by law, the permittee shall allow authorized officials of the DEQ to perform the following:
               (A)  Enter upon the permittee's premises during reasonable/normal working hours where a source is located or emissions-related activity is conducted, or where records must be kept under the conditions of the permit;
               (B)  Have access to and copy, at reasonable times, any records that must be kept under the conditions of the permit;
               (C)  Inspect at reasonable times and using reasonable safety practices any facilities, equipment (including monitoring and air pollution control equipment), practices, or operations regulated or required under the permit; and
               (D)  As authorized by the Oklahoma Clean Air Act, sample or monitor at reasonable times substances or parameters for the purpose of assuring compliance with the permit.
          (3)  A schedule of compliance if required under OAC 252:100-8-5(e)(8)(B).
          (4)  To the extent required under an applicable schedule of compliance and OAC 252:100-8-5(e)(8), progress reports, to be submitted semiannually or more frequently if specified in the applicable requirement or by the DEQ.  Such progress reports shall contain the following:
               (A)  Dates for achieving the activities, milestones, or compliance required in the schedule of compliance, and dates when such activities, milestones or compliance were achieved; and
               (B)  An explanation of why any dates in the schedule of compliance were not or will not be met, and any preventive or corrective measures adopted.
          (5)  Requirements for compliance certification with terms and conditions contained in the permit that are federally enforceable, including emission limitations, standards, or work practices.  Each permit shall specify:
               (A)  The frequency (which shall be annually unless the applicable requirement or state-only requirement specifies submission more frequently) of submissions of compliance certifications;
               (B)  In accordance with paragraph (a)(3) of this Section, a means for monitoring the compliance of the source with emissions limitations, standards, and work practices;
               (C)  A requirement that the compliance certification include the following:
                    (i)  The identification of each term or condition of the permit that is the basis of the certification;
                    (ii)  The permittee's current compliance status, as shown by monitoring data and other information available to the permittee;
                    (iii)  Whether compliance was continuous or intermittent;
                    (iv)  The method(s) used for determining the compliance status of the source, currently and over the reporting period as required by paragraph (a)(3) of this Section; and
                    (v)  Such other facts as the DEQ may require to determine the compliance status of the source;
               (D)  A requirement that all compliance certifications be submitted to EPA as well as to the DEQ;
               (E)  Such additional requirements as may be specified pursuant to sections 114(a)(3) and 504(b) of the Act; and
          (6)  Such other provisions as the DEQ may require.

     (d)  Permit shield.
          (1)  Each operating permit issued under this Part shall include a "permit shield" provision, which shall state that compliance with the terms and conditions of the permit (including terms and conditions established for alternate operating scenarios, emissions trading, and emissions averaging, but excluding terms and conditions for which the permit shield is expressly prohibited under this Subchapter) shall be deemed compliance with the applicable requirements identified and included in the permit.
          (2)  Upon request, the DEQ shall include in the permit or in a separate written finding issued with the permit a determination identifying specific requirements that do not apply to the source.  The source shall specify in its application for such a determination the requirements for which the determination is requested.  If the determination is issued in a separate finding, that finding shall be summarized in the permit.  The permit shall state that the permit shield applies to any requirements so identified.  A request for a determination to extend the shield to requirements deemed inapplicable to the source may be made either in the original permit application or in a subsequent application for a permit modification.
          (3)  A Part 70 permit that does not expressly state that a permit shield exists shall be presumed not to provide such a shield.
          (4)  Nothing in this Section or in the permit shall alter or affect the following:
               (A)  the provisions of section 303 of the Act, including the authority of the Administrator under that section;
               (B)  the liability of an owner or operator of a source for any violation of applicable requirements or state-only requirements prior to or at the time of permit issuance;
               (C)  the applicable requirements of the acid rain program, consistent with section 408(a) of the Act; or
               (D)  the ability of EPA to obtain information from a source pursuant to section 114 of the Act.

     (e)  Emergencies.
          (1)  An emergency constitutes an affirmative defense to an action brought for noncompliance with such technology-based emission limitations if the conditions of paragraph (e)(3) of this Section and the reporting requirements of OAC 252:100-8-6(a)(3)(C)(iii)(I) are met.
          (2)  The affirmative defense of emergency shall be demonstrated through properly signed, contemporaneous operating logs or other relevant evidence that:
               (A)  An emergency occurred and that the permittee can identify the cause(s) of the emergency;
               (B)  The permitted facility was at the time being properly operated;
               (C)  During the period of the emergency the permittee took all reasonable steps to minimize levels of emissions that exceeded the emission standards or other requirements in the permit.
          (3)  In any enforcement proceeding, the permittee seeking to establish the occurrence of an emergency has the burden of proof.
          (4)  The provision in this subsection is in addition to any emergency or upset provision contained in any applicable requirement or OAC 252:100-9.

     (f)  Operational flexibility.
          (1)  Applicant's duty to apply for alternative scenarios.  A facility may implement any operating scenario allowed for in its Part 70 permit without the need for any permit revision or any notification to the permitting authority.  It is incumbent upon the Part 70 permit applicant to apply for any reasonably anticipated alternative facility operating scenarios at the time of initial or renewal permit application.
          (2)  Changes resulting in no emissions increases.  A permitted Part 70 source may make changes within the facility that:
               (A)  Are not modifications under any provision of Title I of the Act;
               (B)  Do not cause any hourly or annual permitted emission rate of any existing emissions unit to be exceeded; and
               (C)  Result in a net change in emissions of zero, provided that the facility notifies the DEQ and EPA in writing at least 7 days in advance of the proposed changes.  The source, DEQ, and EPA shall attach each such notice to their copy of the relevant permit.  For each such change, the written notification required above shall include a brief description of the change within the permitted facility, the date on which the change will occur, any change in emissions, and any permit term or condition that is no longer applicable as a result of the change.  The permit shield described in OAC 252:100-8-6(d) does not apply to any change made pursuant to this subsection.


252:100-8-6.1.  General permits
As adopted in the Oklahoma Register 06/15/1998 (15 Ok Reg 2590) effective 06/25/1998.

     (a)  Applicability.
          (1)  The DEQ may, after notice and opportunity for public participation, issue a general permit for any source category if it concludes that the category is appropriate for permitting on a generic basis.  Any general permit shall comply with all requirements applicable to other Part 70 permits.  No general permit may be issued for affected sources under the acid rain program unless otherwise provided in regulations promulgated under Title IV of the Act.
          (2)  A general permit may be issued for a source category based upon an application from a source within the source category or upon the DEQ's own initiative.  The DEQ shall, following receipt of an application for a general permit, or upon a determination that issuance of a general permit for a category of sources may be appropriate, follow the same procedures for issuance of a general permit as for any other permit issued under this part.
          (3)  A general permit may be issued to establish:
               (A)  Terms and conditions to implement applicable requirements and state-only requirements for a source category.
               (B)  Terms and conditions to implement applicable requirements and state-only requirements for specified categories of changes to permitted sources.
               (C)  Terms and conditions for new requirements that apply to sources with existing permits.
               (D)  Federally-enforceable caps on emissions from sources in a specified category.
          (4)  The DEQ may issue a general permit if it finds that:
               (A)  There are several permittees, permit applicants, or potential permit applicants who:
                    (i)  Have the same or substantially similar operations, emissions, activities, or facilities.
                    (ii)  Emit the same types of regulated air pollutants.
               (B)  The operations, emissions, activities, or facilities are subject to the same or similar:
                    (i)  Standards, limitations, and operating requirements.
                    (ii)  Monitoring requirements.
          (5)  If some, but not all, of a source's operations, activities, and emissions are eligible for coverage under one or more general permits, the source must apply for an individual Part 70 permit for all of its covered sources.
          (6)  Facilities located in areas that are federally designated as non-attainment are not eligible for coverage under a general permit.
          (7)  Sites that are not in compliance with all applicable State and Federal air regulations are eligible for a general operating permit only if:
               (A)  They submit to DEQ an approvable compliance plan, and
               (B)  The facility submits to Tier II public review.
          (8)  Facilities with existing state operating permits are eligible for coverage under a general operating permit.
          (9)  Facilities existing prior to the effective date of any applicable standard that would have created specific quantifiable and enforceable emission rates are eligible for coverage under a general operating permit.

     (b)  Authorization.
          (1)  A general permit issued under this section shall identify criteria by which sources may qualify for the general permit.  After a general permit has been issued, any source may submit a request to be covered under the permit in the form of an application for authorization to operate under the general permit.  Such application shall identify the source and provide information sufficient to demonstrate that it falls within the source category covered by the general permit, together with any additional information that may be specified in the general permit.
          (2)  See 252:2-15 for Tier I permitting procedures and timelines for individual authorizations under general permits.  The DEQ shall act to approve or deny the application within 90 days of filing.
          (3)  A final action approving an authorization to operate under a general permit shall not be subject to public comment or judicial review.
          (4)  The DEQ will publish, at least monthly, an updated list of sources approved for inclusion under the general permit and any aggrieved person may petition the DEQ to review the approval of any stationary source for inclusion under a general permit within 30 days after publication of the list.
          (5)  A copy of the general permit, together with a list of sources approved for coverage under it, shall be kept on file for public review at the offices of the DEQ.

     (c)  Permit shield.  A general permit issued under this section shall provide that any source approved for coverage under a general permit shall be entitled to the protection of the permit shield for all operations, activities, and emissions addressed by the general permit, unless and to the extent that it is subsequently determined that the source does not qualify for the conditions and terms of the general permit.

     (d)  Revisions.
          (1)  If an owner or operator of a source(s) makes a change to a source covered by a general permit that affects any applicability information supplied in the general permit application, but the source is still eligible for coverage under a general permit, the owner or operator must revise the general permit application and submit it to the DEQ within 60 days.
          (2)  After coverage is granted to a source under the general permit, physical changes to the facility which result in the addition of equipment new to the facility, either as a replacement (except like-kind replacements) or net addition, will require a construction permit or a new authorization.  Any significant modification to a stationary source included under a general permit shall subject the source to a Tier II review.
          (3)  If equipment new to the facility is newly purchased or is relocated from another facility where a permit was issued with enforceable emissions limits on that equipment, then authorization under the general permit shall be modified or amended to include an emissions limit for the newly purchased or relocated equipment.  "Grandfathered" emissions sources at the facility will retain only the equipment descriptions as permit conditions. "Grandfathered" means a unit that was in existence prior to the effective date of any applicable regulation that would have created specific quantifiable and enforceable emissions rate limits.
          (4)  For a general operating permit, if emissions change for any reason that subjects the facility to PSD permitting requirements, then the facility no longer qualifies for a general operating permit.  However, the existing general operating permit will remain valid during the time period covered by the PSD construction permit until the facility receives a Part 70 site specific operating permit for the entire facility.

     (e)  Permit content.  Specific terms and conditions that will make the applicable rules and requirements enforceable shall be stipulated in the general permit.

     (f)  Renewal of general operating permits.
          (1)  The DEQ will initiate the renewal process for a general operating permit at least 180 days prior to the permit's expiration date and will follow the requirements in 252:100-8-7(a).
          (2)  Owners or operators shall apply to renew an authorization at least 60 days prior to expiration of the existing authorization.  Upon submittal of a timely and administratively complete application, the applicant may continue to operate until such time as the DEQ grants or denies coverage under the general operating permit.


252:100-8-6.2.  Temporary sources
As adopted in the Oklahoma Register 06/15/1998 (15 Ok Reg 2590) effective 06/25/1998.

     The DEQ may issue a single permit authorizing emissions from similar operations by the same source owner or operator at multiple temporary locations.  The operation must be temporary and involve at least one change of location during the term of the permit.  No affected source shall be permitted as a temporary source.  Permits for temporary sources shall include the following:
          (1)  Conditions that will assure compliance with all applicable requirements at all authorized locations;
          (2)  Requirements that the owner or operator notify the permitting authority at least ten days in advance of each change in location; and
          (3)  Conditions that assure compliance with all other provisions of this section.


252:100-8-6.3.  Special provisions for affected (acid rain) sources
As adopted in the Oklahoma Register 06/15/1998 (15 Ok Reg 2590) effective 06/25/1998.

     (a)  Application binding until permit issuance or denial.  A complete acid rain permit application is binding on the applicant and enforceable as a permit until an acid rain permit is issued or denied.  For applicable permitting procedures, see 252:2-15.

     (b)  Exemption petitions.  Applicants with small units that burn low sulfur fuel or sources that retire a unit can petition to have such units exempted from certain permitting and monitoring requirements under the acid rain regulations.
     (c)  Permit shield.  The acid rain portion of every operating permit is covered by a permit shield.  This shield assures that an applicant operating in accordance with a permit issued in accordance with Title IV of the Act, will be deemed to be operating in compliance with the Acid Rain Program.
     (d)  Modifications.  See 40 CFR 72.82.
     (e)  Duration.  Acid rain permits will have a term of five years commencing on the permits effective date.  The DEQ may issue a permit with a future effective date.
     (f)  Right of intervention.  The Administrator may intervene as a matter of right in any administrative appeal involving an Acid Rain permit or denial of an Acid Rain permit.
     (g)  Administrative appeal.  The administrative appeal period shall be no more than 90 days following the issuance of the Acid Rain permit and the judicial appeal period shall be no more than 90 days following a final agency action.
     (h)  Adoption of 40 CFR Part 72 by reference.  DEQ hereby adopts and incorporates by reference the provisions of 40 CFR Part 72, as published in the Federal Register on January 11, 1993, on March 23, 1993, and on October 24, 1997, for purposes of implementing an acid rain program that meets the requirements of Title IV of the Act.  The term "permitting authority" shall mean the Oklahoma Department of Environmental Quality and the term "Administrator" shall mean the Administrator of the United States Environmental Protection Agency.  If the provisions or requirements of 40 CFR Part 72 conflict with or are not included in 252:100-8, the Part 72 provisions and requirements shall apply and take precedence.


252:100-8-7.  Permit issuance
As adopted in the Oklahoma Register 05/15/2001 (18 Ok Reg 1455) effective 06/01/2001.

     (a)  Criteria for issuance.  A permit, permit modification, or renewal may be issued only if the applicable requirements of 27A O.S. §§ 2-14-101 through 2-14-401; OAC 252:2-15; and this Chapter have been met and the DEQ has determined that the conditions of the permit provide for compliance with all applicable requirements and, for applications subject to OAC 252:100-8-8, that the requirements of that Section have been satisfied.

     (b)  Draft permits and notice thereof.  See OAC 252:2-15.  A statement that sets forth the legal and factual basis for the draft permit conditions (including references to the applicable statutory or regulatory provisions) shall accompany the draft permit.

     (c)  EPA review.  See OAC 252:100-8-8.

     (d)  DEQ final action.  See OAC 252:2-15 and 252:100-8-8 when applicable.

     (e)  Timeline for technical review and issuance.  The DEQ shall take final action on each application for a permit within 18 months after beginning its technical review in accordance with OAC 252:2-15-70 through 252:2-15-72 and OAC 252:100-8-4(b)(7).

     (f)  Action priorities.  See OAC 252:100-8-4(b)(2) through (10) and OAC 252:100-8-7.1(a).

     (g)  No issuance by default.  See 27A O.S. § 2-5-112(D).


252:100-8-7.1.  Permit renewal and expiration
As adopted in the Oklahoma Register 06/15/1998 (15 Ok Reg 2590) effective 06/25/1998.

     (a)  Timely application for permit renewal.
          (1)  Applications for permit renewal and for permits for new Part 70 sources or amendments, shall be considered timely if the applicant meets the requirements of this subsection.
           (2)  Stationary sources operating under permits issued by the DEQ under this Subchapter shall apply for permit reissuance at least 180 days before the expiration of the existing permit, unless the permit specifies that the application must be submitted sooner.  The DEQ shall require in a permit that a reissuance application be submitted sooner if it determines that an earlier application is needed to minimize the possibility of expiration prior to reissuance.  The DEQ may make the determination if it anticipates a relatively lengthy permit review process due to the complexity of the stationary source or anticipated involvement of the public.  In no event shall the permit require application for reissuance sooner than eighteen months prior to the expiration of the permit.

     (b)  Application content for renewal of expiring permit.  In submitting an application for renewal of a Part 70 operating permit, a source may identify and incorporate by reference terms and conditions in its previous permit and permit application(s) that should remain unchanged.  In addition, a renewal application must contain:
          (1)  information specified in 252:100-8-5(e) for those products, processes, operations, and emissions:
               (A)  That are not addressed in the existing permit;
               (B)  That are subject to applicable requirements or state-only requirements that are not addressed in the existing permit; or
               (C)  For which the source seeks permit terms and conditions that differ from those in the existing permit; and
          (2)  a compliance plan and certification as required in 252:100-8-5(e)(8) and (9).

     (c)  Issuance of renewal permit.  Applications for permit renewal shall be subject to the same procedural requirements, including those for public participation, affected State comment, and EPA review, that apply to initial permit issuance under 252:100-8-7(a).

     (d)  Expiration of permit.
          (1)  A source's right to operate shall terminate upon the expiration of its permit unless a timely and complete renewal application has been submitted at least 180 days before the date of expiration.
          (2)  If a timely and complete application for a permit renewal is submitted, but the DEQ fails to take final action to issue or deny the renewal permit before the end of the term of the previous permit, then the permit shall not expire until the renewal permit has been issued or denied, and any permit shield granted for the permit shall continue in effect during that time.


252:100-8-7.2.  Administrative permit amendments and permit modifications
As adopted in the Oklahoma Register 05/15/2001 (18 Ok Reg 1455) effective 06/01/2001.

     (a)  Administrative permit amendments.
          (1)  An administrative permit amendment:
               (A)  Corrects typographical errors;
               (B)  Identifies a change in the name, address, or phone number of any person identified in the permit, or provides a similar minor administrative change at the source;
               (C)  Requires more frequent monitoring or reporting by the permittee;
               (D)  Allows for a change in ownership or operational control of a source where no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittee has been submitted to the DEQ;
               (E)  Incorporates into the permit the requirements from preconstruction review permits issued by the DEQ under this Part.
          (2)  Administrative permit amendments for purposes of the acid rain portion of the permit shall be governed by 40 CFR Part 72.
          (3)  An administrative permit amendment shall be made by the DEQ in accordance with the following:
               (A)  The DEQ shall take final action on a request for an administrative permit amendment within 60 days from the date of receipt of such a request, and may incorporate the proposed changes without providing notice to the public or affected States provided that it designates any such permit revisions as having been made pursuant to this paragraph.
               (B)  The DEQ shall submit a copy of the revised permit to the Administrator upon the Administrator's request.
               (C)  The source may implement the changes addressed in the request for an administrative amendment immediately upon submittal of the request.
          (4)  The DEQ shall, upon taking final action granting a request for an administrative permit amendment, allow coverage by the permit shield in OAC 252:100-8-6(d) for administrative permit amendments made pursuant to subparagraph 7.2(a)(1)(E) of this Section.

     (b)  Permit modification.  A permit modification is any revision to a permit that cannot be accomplished under subsection (a) of this Section.  A permit modification for purposes of the acid rain portion of the permit shall be governed by 40 CFR Part 72.
          (1)  Minor permit modification procedures.
               (A)  Criteria.
                    (i)  Minor permit modification procedures may be used only for those permit modifications that:
                         (I)  Do not violate any applicable requirement, or state-only requirements;
                         (II)  Do not involve significant changes to existing monitoring, reporting or recordkeeping requirements in the permit;
                         (III)  Do not require or change a case-by-case determination of an emission limitation or other standard, or a source-specific determination for temporary sources of ambient impacts, or a visibility or increment analysis;
                         (IV)  Do not seek to establish or change a permit term or condition for which there is no corresponding underlying applicable requirement or state-only requirement which the source has assumed to avoid some other applicable requirement or state-only requirement to which the source would otherwise be subject.  Such terms and conditions include federally-enforceable emissions caps assumed to avoid classification as a modification under any provision of Title I and alternative emissions limits approved pursuant to regulations promulgated under § 112(i)(5) of the Act; and
                         (V)  Are not modifications under any provision of Title I of the Act.
                    (ii)  Notwithstanding OAC 252:100-8-7.2(b)(1)(A)(i) and 252:100-8-7.2(b)(2)(A), minor permit modification procedures may be used for permit modifications involving the use of economic incentives, marketable permits, emissions trading, and other similar approaches, to the extent that such minor permit modification procedures are explicitly provided for in the State's implementation plan or in applicable requirements promulgated by EPA.
               (B)  Application.  To use the minor permit modification procedures, a source shall submit an application requesting such use which shall meet the permit application requirements of Tier I under OAC 252:2-15 and shall include the following:
                    (i)  A description of the change, the emissions resulting from the change, and any new applicable requirements or state-only requirements that will apply if the change occurs;
                    (ii)  The source's suggested modification language;
                    (iii)  Certification by a responsible official, that the application and the proposed modification meet the criteria for use of minor permit modification procedures; and
                    (iv)  Completed forms for any notices required by OAC 252:2-15 and subparagraph (C) of this paragraph.
               (C)  EPA and affected state notification.  If the proposed minor modification is of a permit that underwent EPA review in accordance with OAC 252:100-8-8, the provisions of that section shall apply to the minor modification application unless waived by the Administrator.
               (D)  Timetable for issuance.  Within 90 days of the DEQ's receipt of a complete application under OAC 252:2-15 the DEQ shall:
                    (i)  Issue the minor permit modification as approved;
                    (ii)  Deny the minor permit modification application; or
                    (iii)  Determine that the requested modification does not meet the minor permit modification criteria and should be reviewed under the significant modification procedures or administrative amendment procedures.
               (E)  Source's ability to make change.  Immediately after filing an application meeting the requirements of these minor permit modification procedures, the source is authorized to make the change or changes proposed in the application.  After the source makes the change and until the DEQ takes any of the actions specified in (1)(D)(i) through (iii) of this subsection, the source must comply with the applicable requirements and state-only requirements governing the change and the proposed permit terms and conditions.  During this period, the source need not comply with the existing terms and conditions it seeks to modify.  However, if the source fails to comply with its proposed permit terms and conditions during this time period, the existing permit terms and conditions it seeks to modify may be enforced against it.
               (F)  Permit shield.  The permit shield under OAC 252:100-8-6(d) will not extend to minor permit modifications.
               (G)  Permittee's risk in commencing construction.  The permittee assumes the risk of losing any investment it makes toward implementing a modification prior to receiving a permit amendment authorizing the modification.  The DEQ will not consider the possibility of the permittee suffering financial loss due to such investment when deciding whether to approve, deny, or approve in modified form a minor permit amendment.
          (2)  Significant modification procedures.
               (A)  Criteria.  Significant modification procedures shall be used for applications requesting permit modifications that:
                    (i)  Involve any significant changes in existing monitoring requirements in the permit;
                    (ii)  Relax any reporting or recordkeeping requirements;
                    (iii)  Change any permit condition that is required to be based on a case-by-case determination of an emission limitation or other standard, on a source-specific determination of ambient impacts, or on a visibility or increment analysis;
                    (iv)  Seek to establish or change a permit term or condition for which there is no corresponding underlying applicable requirement or state-only requirement which the source has assumed to avoid some other applicable requirement or state-only requirement to which the source would otherwise be subject.  Such terms and conditions include:
                         (I)  A federally enforceable emissions cap assumed to avoid classification as a modification under any provision of Title I;
                         (II)  An alternative emissions limit approved pursuant to regulations promulgated under section 112(i)(5) of the Act; and
                    (v)  Are modifications under any provision of Title I of the Act; and,
                    (vi)  Do not qualify as minor permit modifications or administrative amendments.
               (B)  Procedures for processing.  Significant permit modifications shall meet all requirements of these rules that are applicable to Tier II applications.  The application for the modification shall describe the change, the emissions resulting from the change, and any new applicable requirements or state-only requirements that will apply if the change occurs.
               (C)  Issuance.  The DEQ shall complete review of significant permit modifications within nine months after receipt of a complete application, but shall be authorized to extend that date by up to three months for cause.


252:100-8-7.3.  Reopening of operating permits for cause
As adopted in the Oklahoma Register 06/15/1998 (15 Ok Reg 2590) effective 06/25/1998.

     (a)  Mandatory reopening.  Each issued permit shall include provisions specifying the conditions under which the permit will be reopened prior to the expiration date of the permit.  A permit shall be reopened and revised under any of the following circumstances:
          (1)  Additional federal applicable requirements become applicable to a stationary source with a remaining permit term of three or more years.  Such a reopening and amendment shall be completed not later than 18 months after promulgation of the federal applicable requirement.  Reopening is allowed if an applicable requirement becomes effective and the original permit or any of its terms and conditions has been extended pursuant to the application shield provided at 252:100-8-7.1(d)(2) beyond the 18-month timeframe for revision.  No such reopening is required if the effective date of the requirement is later than the date on which the permit is due to expire.
          (2)  Additional requirements (including excess emissions requirements) become applicable to an affected source under the acid rain program.  Upon approval by the Administrator, excess emissions offset plans shall be deemed to be incorporated into the permit.
          (3)  The DEQ or the EPA determines that the permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards, limitations, or other terms or conditions of the permit.
          (4)  The Administrator or the DEQ determines that the permit must be revised or revoked to assure compliance with the applicable requirements.
     (b)  Discretionary reopening.  The DEQ may reopen and amend a permit when:
          (1)  additional state-only requirements become applicable to a permitted stationary source and the effective date of the requirement is at least 18 months prior to the date on which the permit is due to expire;
          (2)  alterations or modifications to the permitted facility will result in or have the potential to result in significant alteration of the nature or quantity of regulated air pollutants to be emitted by the permittee;
          (3)  the DEQ receives information previously unavailable to the DEQ that shows that the terms and conditions of the permit do not accurately represent the actual circumstances relating to the permitted facility;
          (4)  a court of competent jurisdiction invalidates or modifies an Oklahoma or federal statute or rule or federal guideline upon which a condition of the permit is based; or
          (5)  an event occurs that is beyond the control of the permittee that necessitates modification of a compliance schedule in the permit.

     (c)  Reopening procedures.  To reopen and amend a permit, the DEQ shall follow the procedures that apply to significant permit modifications under this Subchapter, unless the amendment can be made as an administrative amendment under 252:100-8-7.2(a).  Mandatory reopenings under 252:00-8-7.3(a) shall be made as expeditiously as practicable.  In lieu of an application, the significant permit modification process will commence when the DEQ gives the permittee written notice of its intent to amend the permit.  The DEQ shall not issue the amendment, or make public notice of the amendment where public notice is required, until at least thirty days after the DEQ has given the permittee written notice of its intent to amend the permit, unless the permittee consents to less notice, or in the case of an emergency.  In cases where public participation is required, only those portions of the permit that the DEQ proposes to amend shall be open for public comment or consideration at a meeting or hearing.

     (d)  Reopenings for cause by EPA.
          (1)  If the Administrator finds that cause exists to terminate, modify, or revoke and reissue a permit, the Administrator shall notify the DEQ and the permittee of such findings in writing.
          (2)  The DEQ shall, within 90 days after receipt of such notification, forward to EPA a proposed determination of termination, modification, or revocation and reissuance, as appropriate.  The Administrator may extend this 90-day period for an additional 90 days if he finds that a new or revised permit application is necessary or that the DEQ must require the permittee to submit additional information.
          (3)  The Administrator will review the proposed determination from the DEQ within 90 days of receipt.
          (4)  The DEQ shall have 90 days from receipt of an EPA objection to resolve any objection that EPA makes and to terminate, modify, or revoke and reissue the permit in accordance with the Administrator's objection.
          (5)  If the DEQ fails to submit a proposed determination pursuant to this subsection, or fails to resolve any objection pursuant to this subsection, the Administrator will terminate, modify, or revoke and reissue the permit after taking the following actions:
               (A)  Providing at least 30 days' notice to the permittee in writing of the reasons for any such action.
               (B)  Providing the permittee an opportunity for comment on the Administrator's proposed action and an opportunity for a hearing.


252:100-8-7.4.  Revocations of operating permits
As adopted in the Oklahoma Register 06/15/1998 (15 Ok Reg 2590) effective 06/25/1998.

     (a)   Revocation of a permit or authorization under a general permit without reissuance.  The DEQ may revoke permits or authorizations under a general permit and not reissue them when:
          (1)  there exists at the permitted facility unresolved noncompliance with applicable requirements or a condition of the permit or authorization, and the permittee refuses to undertake an enforceable schedule of compliance to resolve the noncompliance;
          (2)  the permittee fails to disclose fully the facts relevant to issuance of the permit or authorization or submits false or misleading information to the DEQ or the Administrator;
          (3)  the permittee has failed to comply with any requirement under 252:100-5 to pay fees; or
          (4)  the permittee has failed to pay a penalty owed pursuant to court order, consent decree, stipulation agreement, or schedule of compliance.

     (b)  Revocation procedures.  The DEQ shall give notice to the permittee of its intention to revoke a permit without reissuance.  This notice must state that within 30 days of the receipt of the notice the permittee may request a contested case hearing be held on the proposed action, except that the DEQ may provide less notice in case of an emergency.  If the permittee requests a contested case hearing, the DEQ shall hold the hearing in accordance with the Oklahoma Administrative Procedures Act.


252:100-8-7.5.  Judicial review
As adopted in the Oklahoma Register 06/15/1998 (15 Ok Reg 2590) effective 06/25/1998.

     Any final action in granting or denying an application for a permit, permit amendment or modification, or permit renewal shall be subject to judicial review in the court of appropriate jurisdiction upon an application filed by the applicant or permittee, or by any affected state or other person who participated in the public comment process.  Except for authorizations under General Permits, judicial review is available to all affected parties for all final permit actions including minor modifications and administrative actions.  If no public comment procedure was employed for the action under challenge, an application for review may be filed by the permittee or an affected state. The opportunity for judicial review provided for in this subsection shall be the exclusive means for obtaining judicial review of any permit action.
          (1)  No application for judicial review may be filed more than 90 days following the final action on which review is sought, unless the grounds for review arose at a later time, in which case the application for review shall be filed within 90 days of the date on which the grounds for review first arose and review shall be limited to such later-arising grounds.
          (2)  Any application for judicial review shall be limited to issues that:
               (A)  were raised in comments filed with the DEQ or during a public hearing on the proposed permit action (if the grounds on which review is sought were known at that time), except that this restriction shall not apply if the person seeking review was not afforded an advance opportunity to comment on the challenged action; and
               (B)  are germane and material to the permit action at issue.
          (3)  For purposes of this section, "final action" shall include a failure by the DEQ to take final action to grant or deny an application within the time specified in this Chapter.


252:100-8-8.  Permit review by EPA and affected states
As adopted in the Oklahoma Register 05/15/2001 (18 Ok Reg 1455) effective 06/01/2001.

     (a)  Applicability.  This Section applies only to specific Tier II and III applications for Part 70 construction and/or operating permits and permit actions that have not been waived from compliance with this section by the Administrator.

     (b)  Format.  To the extent practicable, information provided to the EPA by applicants shall be in computer-readable format compatible with EPA's national database management system.

     (c)  Recordkeeping.  The DEQ will keep for 5 years records required by this Section and will submit to the Administrator such information as the Administrator may reasonably require to ascertain whether the State program complies with the requirements of the Act or of this Chapter.

     (d)  Transmission of Part 70 applications to EPA.  For Part 70 Tier II and III applications subject to this section, the DEQ shall require an applicant upon filing to also provide a copy to the Administrator or the DEQ may submit a permit application summary form and any relevant portion of the permit application and compliance plan, in place thereof.

     (e)  Transmittal of notice of draft permit to affected states.  See 27A O.S. § 2-5-112(E); 27A O.S. §§ 2-14-101 through 2-14-401; and OAC 252:2-15.

     (f)  Preparation and submittal of EPA review copy.
          (1)  Tier II applications.  For Tier II applications, the DEQ shall review public comments, revise the draft permit as appropriate and submit the revision to EPA for review no later than 60 days before the issuance deadline established in OAC 252:2-15-72 or, if none, by this Chapter.
          (2)  Tier III applications.  For Tier III applications, the DEQ shall prepare a proposed permit according to 27A O.S. § 2-14-304, and submit it to EPA for review upon the publication of notice of an administrative permit hearing opportunity.

     (g)  Notice of non-acceptance.  As part of the DEQ's submittal of a revised draft permit (Tier II) or a proposed permit (Tier III) to the Administrator, the DEQ shall notify the Administrator and any affected State in writing of any refusal by the DEQ to accept all recommendations for the revised draft permit or proposed permit that the affected State submitted during the review period.  The notice will include the DEQ's reasons for not accepting any such recommendation.  The DEQ is not required to accept recommendations that are not based on applicable requirements of the Oklahoma Clean Air Act or these rules.

     (h)  EPA review and non-objection.  Upon receipt of notice from the EPA that it will not object to:
          (1)  A revised draft permit based on a Tier II application, the DEQ shall issue the permit.
          (2)  A proposed permit based on a Tier III application, the DEQ shall issue the proposed permit as final unless an administrative permit hearing has been timely and properly requested.

     (i)  EPA review and objection.
          (1)  Timing.  Except as specified in paragraph 5 of this subsection, no permit for which an application must be transmitted to the Administrator under subsection (a) of this Section shall be issued if the Administrator objects to its issuance in writing within 45 days of receipt of the revised draft permit (Tier II) or proposed permit (Tier III) and all necessary supporting information.
          (2)  Form of objection.  An EPA objection shall include a statement of the Administrator's reasons for objection and a description of the terms and conditions that the permit must include to respond to the objections.
          (3)  Additional grounds.  Failure of the DEQ to do any of the following also shall constitute grounds for an objection:
               (A)  Comply with subsections (d) or (e) of this Section;
               (B)  Submit any information necessary to review adequately the revised draft permit (Tier II) or the proposed permit (Tier III); or
               (C)  Process the permit application according to the uniform permitting requirements of OAC 252:2-15.
          (4)  Copy.  The Administrator will provide the permit applicant a copy of the objection.
          (5)  DEQ response.  The DEQ shall consult with EPA and the applicant and shall either:
               (A)  Amend permit.  Amend the permit and submit for approval an amended draft (Tier II) or proposed (Tier III) permit to EPA within 90 days after the date of EPA's objection, or
               (B)  Give notice and issue.  Determine that one or more revisions sought by EPA are inconsistent with applicable state or federal statutes or regulations, inform EPA accordingly within 90 days following the date of the Administrator's objection, decline to make those particular revisions and:
                    (i)  issue the amended or revised draft permit (Tier II) as final, or
                    (ii)  issue the proposed permit (Tier III) as final unless an administrative permit hearing has been timely and properly requested.
          (6)  Failure of DEQ to respond.  If the DEQ fails, within 90 days after the date of the EPA objection, to amend and resubmit the draft permit or proposed permit in response to the objection, the Administrator will issue or deny the permit in accordance with the requirements of EPA's Part 70 regulations.

     (j)  Public petitions to the Administrator.  If the Administrator does not object in writing under subsection (h) of this section, any person that meets the requirements of this subsection may petition the Administrator within 60 days after the expiration of the Administrator's 45-day review period to make such objection.  Any such petition shall be based only on objections to the permit that the petitioner raised with reasonable specificity during the public comment period provided for in OAC 252:2-15, unless the petitioner demonstrates that it was impracticable to raise such objections within such period, or unless the grounds for such objection arose after such period.  If the Administrator objects to the permit as a result of a petition filed under this subsection, the DEQ shall not issue the permit until EPA's objection has been resolved, except that a petition for review does not stay the effectiveness of a permit or its requirements if the permit was issued after the end of the 45-day review period and prior to an EPA objection.  If the DEQ has issued a permit prior to receipt of an EPA objection under this subsection, the Administrator will modify, terminate, or revoke such permit, and shall do so consistent with the procedures in OAC 252:100-8-7 through 252:100-8-7.5 except in unusual circumstances.  If the DEQ revokes the permit, it may thereafter issue only a revised permit that satisfies EPA's objection.  In any case, the source will not be in violation of the requirement to have submitted a timely and complete application.

     (k)  Effect on Tier III administrative permit hearing.  When a public petition or an EPA objection is registered on a proposed permit (Tier III) on which an administrative permit hearing has been requested in accordance with 27A O.S. §§ 2-14-101 through 2-14-401, the DEQ may stay the evidentiary part of the hearing involving cross-examination until EPA objections are resolved or determined to be inconsistent with applicable laws.