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

SUBCHAPTER 7.  PERMITS FOR MINOR FACILITIES

PART 3.  CONSTRUCTION PERMITS
Approved by EPA May 15, 2017 (82 FR 22281) effective June 14, 2017 (OKd21),
Regulations.gov docket EPA-R06-OAR-2007-0989 [OK007]

Sections:
252:100-7-15.  Construction permit


252:100-7-15.  Construction permit  (7-7)
As adopted in the Oklahoma Register 06/01/1999 (16 Ok Reg 1759) effective 06/11/1999 [7-7],
submitted to EPA February 14, 2002 (OK-25),
Regulations.gov document EPA-R06-OAR-2007-0989-0016 [OK007.16].
Approved by EPA May 15, 2017 (82 FR 22281) effective June 14, 2017 (OKd21),
Regulations.gov docket EPA-R06-OAR-2007-0989 [OK007]

     (a)  Construction permit required.  No person shall cause or allow the construction or installation of any new minor facility other than a de minimis facility as defined in 252:100-7-1.1 without first obtaining a DEQ-issued air quality construction permit.  A construction permit is also required for any modification that would cause an existing facility to no longer qualify for de minimis status or its current permit category.  In addition, a construction permit is required to add a piece of equipment or a process that is subject to NSPS or NESHAP or to increase actual emissions of any one regulated air pollutant by more than 5 tons per year at an existing facility covered by an individual permit.

     (b)  Permit categories.  Three types of construction permits are available:  permit by rule, general permit, and individual permit.  A permit by rule may be adopted or a general permit may be issued for an industry if there are a sufficient number of facilities that have the same or substantially similar operations, emissions, and activities that are subject to the same standards, limitations, and operating and monitoring requirements.
          (1)  Permit by rule.  An owner or operator of a minor facility may apply for registration under a permit by rule if the following criteria are met:
               (A)  The facility has actual emissions less than 40 tons per year of each regulated air pollutant, except HAPs.
               (B)  The facility does not emit or have the potential to emit 10 tons per year or more of any single HAP or 25 tons per year or more of any combination of HAPs.
               (C)  The DEQ has established a permit by rule for the industry in Part 9 of this Subchapter.
               (D)  The facility certifies that it will comply with the applicable permit by rule.
               (E)  The facility is not operated in conjunction with another facility or source that is subject to air quality permitting.
          (2)  General permit.  Minor facilities may qualify for authorization under a general permit if the following criteria are met:
               (A)  The facility has actual emissions less than 100 tons per year of each regulated air pollutant, except for HAPs.
               (B)  The facility does not emit or have the potential to emit 10 tons per year or more of any single HAP or 25 tons per year or more of any combination of HAPs.
               (C)  The DEQ has issued a general permit for the industry.
          (3)  Individual permit.  Minor facilities requiring permits under this Subchapter which do not qualify for permit by rule or a general permit shall obtain individual permits.  An owner or operator may apply for an individual permit even if the facility qualifies for a permit by rule or a general permit.

     (c)  Content of construction permit application.  An applicant for a construction permit shall provide data and information required by this Chapter on an application form available from the DEQ.  Such data and information should include but not be limited to site information, process description, emission data, and when required, BACT determination, modeling and sampling point data.

     (d)  Permit contents.  The construction permit:
          (1)  Shall require the permittee to comply with all applicable air pollution rules.
          (2)  Shall prohibit the exceedance of ambient air quality standards contained in 252:100-3.
          (3)  May establish permit conditions and limitations as necessary to assure compliance with all rules.

     (e)  Failure to comply with a construction permit.  A violation by the owner or operator of the limitations or conditions contained in the construction permit shall subject the owner or operator to any or all enforcement penalties, including permit revocation, available under the Oklahoma Clean Air Act and Air Pollution Control Rules.  No operating permit will be issued until the violation has been resolved to the satisfaction of the DEQ.

     (f)  Cancellation of authority to construct or modify.  A duly issued permit to construct or modify will terminate and become null and void (unless extended as provided below) if the construction is not commenced within 18 months of the permit issuance date, or if work is suspended for more than 18 months after it has commenced.

     (g)  Extension of authorization to construct or modify.
          (1)  Prior to the permit expiration date, a permittee may apply for extension of the permit by written request of the DEQ stating the reasons for the delay/suspension and providing justification for the extension.  The DEQ may grant:
               (A)  one extension of 18 months or less or
               (B)  one extension of up to 36 months where the applicant is proposing to expand an already existing facility to accommodate the proposed new construction or the applicant has expended a significant amount of money (1% of total project cost as identified in the original application, not including land cost) in preparation for meeting the definition of "commence construction" at the proposed site.
          (2)  If construction has not commenced within three (3) years of the effective date of the original permit, the permittee must undertake and complete an appropriate available control technology review and an air quality analysis.  This review must be approved by the DEQ before construction may commence.

***end OK OAC 252:100-7-3***EPA-R06-OAR-2007-0989***OK007***OKd21***d42***x8b***
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*end OK OAC 252:100 Subchapter 7 Part 3*EPA-R06-OAR-2007-0989*OK007*OKd21*x8b*