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

SUBCHAPTER 5.  REGISTRATION, EMISSION INVENTORY AND ANNUAL OPERATING FEES
Approved by EPA November 26, 2010 (75 FR 72695) effective December 27, 2010 (OKd07)
Regulations.gov docket EPA-R06-OAR-2007-0314 [OK006]



Sections
252:100-5-1.    Purpose
252:100-5-1.1.  Definitions
252:100-5-2.    Registration of potential sources of air contaminants
252:100-5-2.1.  Emission inventory
252:100-5-2.2.  Annual operating fees
252:100-5-3.    Confidentiality of proprietary information


252:100-5-1.  Purpose
As adopted in the Oklahoma Register 06/01/2000 (17 Ok Reg 1886) effective 06/12/2000.
Regulations.gov document EPA-R06-OAR-2007-0314-0012 [OK006.12]
Approved by EPA November 26, 2010 (75 FR 72695) effective December 27, 2010 (OKd07)

     This Subchapter requires potential sources of air contaminants to register with the Division.  It also requires facilities that emit air contaminants to file an emission inventory and pay annual operating fees.


252:100-5-1.1.  Definitions
As adopted in the Oklahoma Register 06/01/2000 (17 Ok Reg 1886) effective 06/12/2000.
Regulations.gov document EPA-R06-OAR-2007-0314-0012 [OK006.12]
Approved by EPA November 26, 2010 (75 FR 72695) effective December 27, 2010 (OKd07)
NOT in SIP: Paragraph D under "Regulated air pollutants."

     The following words and terms when used in this Subchapter shall have the following meaning unless the context clearly indicates otherwise:

     "Actual emissions" means the total amount of regulated air pollutants emitted from a given facility during a particular calendar year, determined using methods contained in 252:100-5-2.1(d).
     "Allowable emissions" means:
          (A)  The total amount of regulated air pollutant emitted based on limits contained in a federally enforceable permit or potential to emit, or
          (B)  For grandfathered sources, emission limits based on maximum design capacity and considering all applicable rules.
     "Consumer Price Index" means an index determined by the U.S. Department of Labor measuring the change in the cost of typical wage-earner purchases of goods and services expressed as a percentage of the cost of these same goods and services in a base period.
     "Date of billing" means the date the fee was billed.  In the case no fee was billed because the owner or operator failed to submit the required annual emission inventory, the date of billing shall mean the date on which the fee would have been billed had the emission inventory been submitted when due.
     "Emission inventory" means a compilation of all point source, storage and process fugitive air emissions for all regulated air pollutants at a given facility.
     "Error" means, with regard to fees, a fee overpayment made as a result of a mistake on the part of the DEQ in invoicing or the part of the owner or operator in calculating emissions.  It does not mean a mistake made in the decision to use or not to use a particular emission factor or method of calculation.
     "Grandfathered source" means a stationary source that was in operation in Oklahoma when an otherwise applicable rule was promulgated unless that rule specifically applies to existing sources or the source has undergone modification since that rule was promulgated.
     "Minor facility" means a facility which is not a Part 70 source.
     "Part 70 source" means any source subject to the permitting requirements of Part 5 of Subchapter 8 of this Chapter as provided in 252:100-8-3(a) and 252:100-8-3(b).
     "Process Fugitive Emissions" means those emissions created by or incidental to any particular process which become airborne or have the potential to become airborne, and could not reasonably, taking into account economic considerations, be made to pass through a stack, chimney, vent or other functionally equivalent opening.
     "Regulated air pollutant" means:
          (A)  Any Volatile Organic Compound (VOC), as that term is defined in 252:100-1-3, 252:100-37-2, or 252:100-39-2.
          (B)  Any pollutant regulated under section 111 or 112 (except 112(r)) of the Federal Clean Air Act.
          (C)  Any pollutant for which a national primary ambient air quality standard has been promulgated under the Federal Clean Air Act.
Paragraph D not in SIP
          (D)  Any Toxic Air Contaminant as defined and regulated under 252:100-41-2.
          (E)  Any other substance for which an air emission limitation or equipment standard is set by permit or rule.
     "Regulated pollutant (for fee calculation)", which is used only for purposes of this Subchapter, means any "regulated air pollutant" except the following:
          (A)  Carbon monoxide.
          (B)  Any pollutant that is a regulated air pollutant solely because it is a Class I or II substance subject to a standard promulgated under or established by Title VI of the Act.
          (C)  Any pollutant that is a regulated air pollutant solely because it is subject to a standard or regulation under section 112(r) of the Act.
          (D)  Total suspended particulates (TSP).


252:100-5-2.  Registration of potential sources of air contaminants
As adopted in the Oklahoma Register 06/01/2000 (17 Ok Reg 1886) effective 06/12/2000.

     (a)  Filing.  In addition to any requirements for the submission of information found in any other regulation in this Chapter, the owner or operator of an air contaminant source shall, upon request, provide the Division with information necessary to evaluate the source's potential for causing air pollution.
     (b)  Necessary information.  The following information shall be included for each source:
          (1)  Total weight of the contaminant released per day.
          (2)  Period or periods of operation.
          (3)  Composition of the contaminant.
          (4)  Physical state of the contaminant.
          (5)  Temperature and moisture content of the air or gas stream at the point where released into the atmosphere.
          (6)  Efficiency of any control device.
          (7)  Such other information as may be specifically requested by the Director.



252:100-5-2.1.  Emission inventory
As adopted in the Oklahoma Register 06/01/2000 (17 Ok Reg 1886) effective 06/12/2000.
Regulations.gov document EPA-R06-OAR-2007-0314-0012 [OK006.12]
Approved by EPA November 26, 2010 (75 FR 72695) effective December 27, 2010 (OKd07)

     (a)  Requirement to file an emission inventory.  The owner or operator of any facility that is a source of air emissions shall submit a complete emission inventory annually on forms obtained from the Division.
          (1)  The inventory shall cover operations during a calendar year and shall be submitted prior to March 1 of the following year, unless a 30-day extension has been granted by the Division.  An additional 30-day extension may be granted for good cause shown.
            (2)  Facilities registered under a permit by rule as outlined in Subchapter 7 and emitting 5 tons per year or less of each regulated pollutant are required to submit an emission inventory once every 5 years.  The inventory shall cover operations during the last year of each 5-year period and be submitted by March 1 of the following year.
          (3)  De minimis facilities as defined in 252:100-7-1.1 are not required to submit an annual emission inventory.

     (b)  Content.  All inventories submitted to the Division shall include, but shall not be limited to, the following:
          (1)  For those emissions subject to a permit, the permit number and the permitted allowable emissions as set forth therein.
          (2)  The amount of the actual emissions, including quantifiable excess emissions, and the basis for such determination.
          (3)  If the actual emissions vary from the allowable or from the previous year's actual by more than 30%, an explanation for the difference.
          (4)  For those emissions not the subject of a permit and when requested by the AQD, a list of all 252:100 rules setting forth emission limitations applicable to the facility in question and the maximum yearly allowable for the facility.

     (c)  Documentation.  All calculations and assumptions must be verified by proper documentation.  All supporting data, including actual production, throughput and measurement records along with engineering calculations and other data utilized in accordance with 252:100-5-2.1(d), below, must be maintained for at least 5 years by the current owner or operator at the facility in conjunction with facility records of the emission inventory.  This information must either be submitted to the Division or made available for inspection upon request.

     (d)  Method of calculation.  The best available data at the time the emission inventory is or should have been prepared shall be used to determine emissions.  It shall be the burden of the owner or operator to select the best available data, based on an acceptable method of calculation.   The method of calculation used to determine emissions shall be binding upon the owner or operator and the Division for the purpose of calculating fees under 252:100-5-2.2 unless challenged by the owner or operator prior to September 1 of the year the inventory is due or by the Division within six (6) months after the date the inventory is received.  Acceptable methods of calculation for determining actual emissions are:
          (1)  Emission factors utilized in the issuance of a relevant Oklahoma Air Quality permit(s) for the facility.
          (2)  Stack tests using appropriate EPA test methods, with advance notification and opportunity for observation by the Air Quality Division.
          (3)  Stack tests using appropriate EPA test methods may be used for determining the emissions of identical equipment (i.e., same model, same location, and same operating conditions and parameters) when:
               (A)  Tests are performed by persons qualified by training and experience to perform said tests.
               (B)  Copies of the tests results and methods are available for review by the Air Quality Division.
          (4)  Continuous emissions monitoring data, when supported by required certification and calibration data.
          (5)  Current AP-42 factors or other factors acceptable to the Division.
          (6)  Manufacturer's test data, when approved by the Division as reliable.
          (7)  EPA and EPA-contracted industry-specific emission study data when it can be shown to be applicable to the facility in question and approved for use in the emission inventory by the Division.
          (8)  Fuel usage and other mass-balance methods when supported by specific records applicable to the materials on which the calculations are based and approved for use in the emission inventory by the Division.
          (9)  Any other method that can be shown to be reasonably accurate when supported by engineering data and calculations, and approved for use in the emission inventory by the Division.

     (e)  Methods of verification.  Emission inventories determined by the Division to be substantially incomplete or substantially incorrect shall, upon the request of the  Division, be subject to verification if not satisfactorily completed or corrected within a reasonable time.  Verification shall be accomplished by an appropriate stack test using EPA approved methods, installation of continuous monitoring equipment, or other methods acceptable to the Division.


252:100-5-2.2.  Annual operating fees
As adopted in the Oklahoma Register 06/01/2000 (17 Ok Reg 1886) effective 06/12/2000.
Regulations.gov document EPA-R06-OAR-2007-0314-0012 [OK006.12]
Approved by EPA November 26, 2010 (75 FR 72695) effective December 27, 2010 (OKd07)

     (a)  Applicability.
          (1)  This section applies to all facilities that are sources of air pollution, including government facilities, regardless of whether the source is currently permitted or whether an emission inventory has or has not at any time been submitted for the facility.  The owners or operators of Part 70 sources shall pay annual fees that are sufficient to cover the Part 70 program costs.  The permitting authority shall ensure that the fees required by 252:100-5-2.2(b)(2) will be used solely for Part 70 program costs.
          (2)  This section does not apply to de minimis facilities.

     (b)  Fee schedule.
          (1)  Minor facilities.
               (A)  Until January 1, 1998, the owner or operator of a facility subject to this section shall pay an annual operating fee based on annual emissions of regulated pollutants (for fee calculation), in accordance with the following fee schedule:
                    (i)  10 - 24.99 tons/year - $100/year
                    (ii)  25 - 49.99 tons/year - $250/year
                    (iii)  50 - 74.99 tons/year - $500/year
                    (iv)  75 - 99.99 tons/year - $750/year
               (B)  In calendar year 1998, annual operating fees shall be invoiced at $10 per ton of regulated pollutant (for fee calculation).
               (C)  Beginning January 1, 1999, annual operating fees shall be invoiced at $17.12 per ton of regulated pollutant (for fee calculation).
          (2)  Part 70 Sources.
               (A)  From January 1, 1995, until January 1, 1999, the annual operating fee for Part 70 sources shall be $15.19 per ton of regulated pollutant (for fee calculation).
               (B)  Beginning January 1, 1999, the annual operating fee for Part 70 sources shall be $17.12 per ton of regulated pollutant (for fee calculation).
               (C)  The annual operating fee shall be adjusted automatically each year by the percentage, if any, by which the Consumer Price Index for the most recent calendar year ending before the beginning of such year differs from the Consumer Price Index for the calendar year 1994.  The Consumer Price Index for any calendar year is the average of the Consumer Price Index for all-urban consumers published by the Department of Labor, as of the close of the twelve month period ending on August 31 of each calendar year.

     (c)  Payment. 
          (1)  Fees are due and payable on the invoice due date(s).  Fees shall be considered delinquent 30 days after the invoice due date(s).  Within five (5) years but not before a grace period of 120 days from the invoice due date, the DEQ may issue an administrative order to recover such fees and may assess a reasonable administrative fine in accordance with the provisions of the Oklahoma Clean Air Act, 27A O.S. §§ 2-5-101 et seq., to an owner or operator of a facility who has failed to pay or has underpaid such fees.
          (2)  If an owner or operator has failed to submit the required annual emission inventory, the DEQ may issue an administrative order to recover fees that would have been invoiced had the emission inventory been submitted when due.  The DEQ may issue such order within five (5) years from the date of billing and may assess a reasonable administrative fine in accordance with the provisions of the Oklahoma Clean Air Act, 27A O.S. §§ 2-5-101 et seq.
          (3)  When a fee overpayment has been made as a result of an error, an owner or operator may seek a credit for such fee overpayment within five years from the date on which payment of the fee was received by the DEQ.

     (d)  Basis for annual operating fees.
          (1)  Operating fees shall be calculated on a source-specific basis and based on actual emissions of regulated pollutants (for fee calculation) as set forth in the facility emission inventory unless the owner or operator elects to pay fees on allowable emissions.
          (2)  Regulated pollutants (for fee calculation) in excess of 4,000 tons per year per pollutant for a Part 70 source shall not be considered in the calculation of the annual fee.


252:100-5-3.  Confidentiality of proprietary information
As adopted in the Oklahoma Register 06/01/2000 (17 Ok Reg 1886) effective 06/12/2000.
Regulations.gov document EPA-R06-OAR-2007-0314-0012 [OK006.12]
Approved by EPA November 26, 2010 (75 FR 72695) effective December 27, 2010 (OKd07)

     [Refer to 27A O.S. § 2-5-105.18.]