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Oklahoma SIP: OK 252:100-25. Visible Emissions and Particulates, SIP effective 2009-02-27 (OKd06) to 2016-01-03

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

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

SUBCHAPTER 25.  VISIBLE EMISSIONS AND PARTICULATES
As adopted in Oklahoma Register May 17, 1999 (16 Ok Reg 1375) effective June 1, 1999.
Approved by EPA December 29, 2008 (73 FR 79400) effective February 27, 2009 (OKd06).


Sections:
252:100-25-1.   Purpose, OKd06
252:100-25-2.   General prohibition, OKd06
252:100-25-2.1. Definitions, OKd06
252:100-25-3.   Opacity limit, OKd06
252:100-25-4.   Alternative for particulates, OKd06
252:100-25-5.   Continuous emission monitoring for opacity, OKd06


252:100-25-1.  Purpose

     The purpose of this Subchapter is to control visible emissions and particulate matter from the operation of any air contaminant source.


252:100-25-2.  General prohibition

     No owner or operator of any air contaminant source shall allow emissions from said source so as to cause or contribute to air pollution.


252:100-25-2.1.  Definitions

     The following words and terms when used in this Subchapter shall have the following meaning unless the context clearly indicates otherwise:
     "One-hour period" means, for units with an operable Continuous Opacity Monitor (COM), any 60-minute period commencing on the hour.
     "Opacity" means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background.
     "Six-minute period" means, for units with an operable COM, any one of the ten equal parts of a one-hour period.
     "Unit" means any piece of equipment that has the potential to emit air contaminants in the form of visible emissions.


252:100-25-3.  Opacity limit

     (a)  Units subject to an opacity limit promulgated under section 111 of the Federal Clean Air Act are exempt from this section.

     (b)  No person shall allow the discharge of any fumes, aerosol, mist, gas, smoke, vapor, particulate matter, or any combination thereof exhibiting greater than 20% opacity except for:
          (1)  Short term occurrences, which consist of not more than one six-minute period in any consecutive 60 minutes, not to exceed three such periods in any consecutive 24 hours.  For units with COMs operated and maintained in accordance with Performance Specification 1 (40 CFR Part 60, Appendix B), short term occurrences which consist of not more than one six-minute period in any one-hour period, not to exceed three such periods in any consecutive 24 hours.  In neither case shall the average of any six-minute period exceed 60% opacity.
          (2)  Smoke resulting from fires covered by the exceptions outlined in 252:100-13-7.
          (3)  An emission, where the presence of uncombined water is the only reason for failure to meet the requirements of 252:100-25-3(a).
          (4)  Smoke generated due to a malfunction in a facility, when the source of the fuel producing the smoke is not under the direct and immediate control of the facility and the immediate constriction of the fuel flow at the facility would produce a hazard to life and/or property.

     (c)  To determine compliance with this Section, opacity shall be read by either:
          (1)  A Certified Visible Emission Evaluator using Test Method 9 (40 CFR Part 60, Appendix A).
          (2)  A COM installed, calibrated, operated and maintained in accordance with Performance Specification 1 (40 CFR Part 60, Appendix B).


252:100-25-4.  Alternative for particulates

     (a)  The 20% opacity limit required under 252:100-25-3 may be increased for particulates only, provided that the owner or operator demonstrates to the satisfaction of the Air Quality Council at public hearing that:
          (1)  The owner or operator has installed air pollution control equipment to attempt to control both visible and particulate matter emissions to the limit required by applicable Subchapters.
          (2)  The pollution control equipment installed:
               (A)  Has been properly maintained.
               (B)  Is in good working order.
               (C)  Is operated to minimize emissions.
          (3)  The installed control equipment does not control opacity to the limit required in 252:100-25-3.
          (4)  The owner or operator has conducted stack test(s) using appropriate test methods as approved by the Division to determine mass emissions at maximum allowed capacity and has determined such emissions meet all applicable particulate matter requirements (i.e., permit limit, rule limit, process limit).
          (5)  The owner or operator has conducted detailed modeling and other measures (e.g., monitoring) deemed necessary by the Executive Director to demonstrate that the maximum impact of any increase of opacity will not exceed 5 μg/m3 PM-10 24-hour average at any point of impact or 1 μg/m3 PM-10 annual average at any point of impact.

     (b)  Upon completion of the demonstration specified in (a) of this Section, the opacity allowed will be based on the opacity read  by a Certified Visible Emission Evaluator at the time of the maximum operation stack test.

     (c)  Applications for an alternative under 252:100-25-4 will be submitted to the Director of the Division for review and recommendation to the Air Quality Council for final action.


252:100-25-5.  Continuous emission monitoring for opacity

     (a)  Continuous monitoring of opacity is required for fluid bed catalytic cracking unit catalyst regenerators at petroleum refineries and fossil fuel-fired steam generators in accordance with 40 CFR Part 51, Appendix P, which is hereby incorporated by reference as it existed on July 1, 1998.

     (b)  Owners or operators of these emission sources shall:
          (1)  Install, calibrate, operate, and maintain all monitoring equipment necessary for continuously monitoring opacity.
          (2)  Complete the installation and performance tests of such equipment and begin monitoring and recording by January 1, 2001.

     (c)  This section shall not apply to:
          (1)  Sources already subject to a new source performance standard promulgated in 40 CFR Part 60 pursuant to section 111 of the Clean Air Act.
          (2)  Sources scheduled for retirement within 5 years after the effective date of this rule, provided adequate evidence and guarantees are available to show the source will cease operations prior to such date.

     (d)  Alternative monitoring requirements different from the provisions of Parts 1 through 5 of Appendix P may be approved by the DEQ and EPA on a case-by-case basis if continuous monitoring cannot be implemented by a source due to physical plant limitations or extreme economic reasons.  For example, the following alternative monitoring requirements may be used for natural gas-fired facilities that burn oil on an emergency basis only (including periodic system testing not to exceed 40 hours per calendar year):
          (1)  A Certified Visible Emission Evaluator shall read visual emissions once per day when fuel oils are burned.
          (2)  Visual emissions readings shall be conducted in accordance with EPA Test Method 9 (40 CFR Part 60, Appendix A).
          (3)  Records of fuel oil burned (including type, amount, and duration burned) and visible emissions read shall be maintained for 2 years.

***end OK OAC 252:100 Subchapter 25*EPA-R06-OAR-2006-0389*OK005*OKd06*m85***