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

SUBCHAPTER 5.  REGISTRATION, EMISSION INVENTORY AND ANNUAL OPERATING FEES
As approved by EPA September 28, 2016 (81 FR 66532) effective October 28, 2016 (OKd18),
Regulations.gov docket EPA-R06-OAR-2014-0221 [OK023].

Sections
252:100-5-1.    Purpose OKd07 OK006
252:100-5-1.1.  Definitions OKd18 OK023
252:100-5-2.    Registration of potential sources of air contaminants OKd07 OK006
252:100-5-2.1.  Emission inventory OKd18 OK023
252:100-5-2.2.  Annual operating fees OKd07 OK006
252:100-5-3.    Confidentiality of proprietary information OKd07 OK006


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

     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 May 15, 2007 (24 Ok Reg 1267) effective June 15, 2007,
submitted to EPA June 6, 2010 (OK-39),
Regulations.gov document EPA-R06-OAR-2014-0221-0005 [OK023.05].
Approved by EPA September 28, 2016 (81 FR 66532) effective October 28, 2016 (OKd18),
Regulations.gov docket EPA-R06-OAR-2014-0221 [OK023].

    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 any regulated
air pollutant actually 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 any regulated air pollutant
emitted based on limits contained in an enforceable
permit or potential to emit, or
         (B) For grandfathered sources, emission limits
based on maximum design capacity and considering
all applicable rules.
    "Emission inventory" means a compilation of all point
source, storage and process fugitive air emissions for all
regulated air pollutants at a given facility.
    "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.
    "Gross particulate matter" or "GPM" means particulate
matter with an aerodynamic diameter greater than 10 micrometers.
    "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
any substance or group of substances listed in
Appendix P of this Chapter, or any substance regulated
as an air pollutant under any federal regulation
for which the Department has been given authority,
or any other substance for which an air emission limitation
or equipment standard is set by an enforceable permit.

**end OK OAC 252:100-5-1.1**EPA-R06-OAR-2014-0221**OK023**OKd18**x85***



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.
Approved by EPA November 26, 2010 (75 FR 72695) effective December 27, 2010 (OKd07)
Regulations.gov docket EPA-R06-OAR-2007-0314 [OK006] document EPA-R06-OAR-2007-0314-0012 [OK006.12]

     (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 May 15, 2007 (24 Ok Reg 1273) effective June 15, 2007,
submitted to EPA June 6, 2010 (OK-39),
Regulations.gov document EPA-R06-OAR-2014-0221-0005 [OK023.05].
Approved by EPA September 28, 2016 (81 FR 66532) effective October 28, 2016 (OKd18),
Regulations.gov docket EPA-R06-OAR-2014-0221 [OK023].

Page 1273 right column [Oklahoma Register May 15, 2007 (24 Ok Reg 1273)]

(a) Requirement to file an emission inventory. The owner
or operator of any facility that is a source of air contaminants
shall submit a complete emission inventory annually
on forms obtained from the Division.
    (1) General requirements. The inventory shall cover
operations during a calendar year and shall be submitted
prior to April 1 of the following year. Upon receiving
a written demonstration of good cause the Director
may grant an extension for submittal beyond the April 1
deadline.
     (2) Permit by rule. The owner or operator of a facility
registered under a permit by rule as outlined in Subchapter 7
and emitting 5 tons per year or less of each regulated air
pollutant is required to submit an emission inventory for
that facility 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) Permit exempt facilities and de minimis facilities.
The owners or operators of permit exempt facilities
or de minimis facilities, as these terms are defined in OAC
252:100-7-1.1, are not required to submit an annual emission
inventory.
     (4) Special inventories. Upon request by the Director,
the owner or operator of a facility that emits or has the
potential to emit any regulated air pollutant shall file an
emission inventory with the Division. The Director is
authorized to request this inventory when emission related
data is necessary for program planning or compliance with
State or Federal rules, regulations, standards, or requirements.

(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. If the total actual emissions of any regulated
air pollutant from a facility vary from the allowable or from
the previous year's actual by more than 30%, the Department
may require the owner or operator to provide an explanation
for the difference in order to determine compliance
with the Oklahoma Clean Air Act or any rule promulgated
thereunder, or any permit condition prescribed or order
issued pursuant thereto.
    (3) For those emissions not the subject of a permit and
when requested by the AQD, a list of all OAC 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

Page 1274 left column

utilized in accordance with OAC 252:100-5-2.1(d) 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 OAC 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 currently
applicable 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 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 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.

(f) Certification. The emission inventory shall contain
certification by a responsible official of the truth, accuracy,
and completeness of the document. This certification 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."

**end OK OAC 252:100-5-2.1**EPA-R06-OAR-2014-0221**OK023**OKd18**x85***


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.
Approved by EPA November 26, 2010 (75 FR 72695) effective December 27, 2010 (OKd07)
Regulations.gov docket EPA-R06-OAR-2007-0314 [OK006] document EPA-R06-OAR-2007-0314-0012 [OK006.12]

     (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.
Approved by EPA November 26, 2010 (75 FR 72695) effective December 27, 2010 (OKd07)
Regulations.gov docket EPA-R06-OAR-2007-0314 [OK006] document EPA-R06-OAR-2007-0314-0012 [OK006.12]

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