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

SUBCHAPTER 8.  PERMITS FOR PART 70 SOURCES

PART 1.  GENERAL PROVISIONS
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
252:100-8-1.    Purpose
252:100-8-1.1.  Definitions
252:100-8-1.2.  General information
252:100-8-1.3.  Duty to comply
252:100-8-1.4.  Cancellation or extension of a construction permit or authorization under a general construction permit
252:100-8-1.5.  Stack height limitations


252:100-8-1.  Purpose
As adopted in the Oklahoma Register 06/15/1998 (15 Ok Reg 2590) effective 06/25/1998.

     This Subchapter sets forth permit application fees and the substantive requirements for permits for Part 70 sources.


252:100-8-1.1.  Definitions
As adopted in the Oklahoma Register 05/15/2001 (18 Ok Reg 1455) effective 06/01/2001.

     The following words and terms, when used in this Subchapter, shall have the following meaning, unless the context clearly indicates otherwise.  Except as specifically provided in this section, terms used in this Subchapter retain the meaning accorded them under the applicable requirements of the Act.
     "A stack in existence" means for purposes of OAC 252:100-8-1.5 that the owner or operator had:
          (A)  begun, or caused to begin, a continuous program of physical on-site construction of the stack; or
          (B)  entered into binding agreements or contractual obligations, which could not be canceled or modified without substantial loss to the owner or operator, to undertake a program of construction of the stack to be completed in a reasonable time.
     "Act" means the federal Clean Air Act, as amended, 42 U.S.C. 7401 et seq.
     "Actual emissions" means, except for Parts 7 and 9 of this Subchapter, the total amount of regulated air pollutants emitted from a given facility during a particular calendar year, determined using methods contained in OAC 252:100-5-2.1(d).
     "Administrator" means the Administrator of the United States Environmental Protection Agency (EPA) or the Administrator's designee.
     "Allowable emissions" means, for purposes of Parts 7 and 9 of this Subchapter, the emission rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to enforceable limits which restrict the operating rate, or hours of operation, or both) and the most stringent of the following:
          (A)  the applicable standards as set forth in 40 CFR Parts 60 and 61;
          (B)  the applicable State rule allowable emissions; or,
          (C)  the emissions rate specified as an enforceable permit condition.
     "Begin actual construction" means:
          (A)  for purposes of Parts 7 and 9 of this Subchapter, in general, initiation of physical on-site construction activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures.  With respect to a change in method of operation, this term refers to those on-site activities, other than preparatory activities, which mark the initiation of the change.
          (B)  for purposes of Part 5 of this Subchapter, that the owner or operator has begun the construction or installation of the emitting equipment on a pad or in the final location at the facility.
     "Best available control technology" or "BACT" means the control technology to be applied for a major source or modification is the best that is available as determined by the Director on a case-by-case basis taking into account energy, environmental, and economic impacts and other costs of alternate control systems.
     "Building, structure, facility, or installation" means, for purposes of Parts 7 and 9 of this Subchapter, all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person or persons under common control.  Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same "Major Group" (i.e., which have the same two-digit code), as described in the Standard Industrial Classification manual, 1972, as amended by the 1977 Supplement.
     "Commence" for purposes of Parts 7 and 9 of this Subchapter means, as applied to construction of a major stationary source or major modification, that the owner or operator has all necessary preconstruction approvals or permits and either has:
          (A)  begun, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time; or,
          (B)  entered into binding agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time.
     "Construction" means, for purposes of Parts 7 and 9 of this Subchapter, any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modification of an emissions unit) which would result in a change in actual emissions.
     "Dispersion technique" means for purposes of OAC 252:100-8-1.5 any technique which attempts to affect the concentration of a pollutant in the ambient air by using that portion of a stack which exceeds good engineering practice stack height; varying the rate of emission of a pollutant according to atmospheric conditions or ambient concentrations of that pollutant; or increasing final exhaust gas plume rise by manipulating source process parameters, exhaust gas parameters, stack parameters or combining exhaust gases from several existing stacks into one stack, or other selective handling of exhaust gas streams so as to increase the exhaust gas plume rise.  The preceding sentence does not include:
          (A)  The reheating of a gas stream, following use of a pollution control system, for the purpose of returning the gas to the temperature at which it was originally discharged from the facility generating the gas stream.
          (B)  The merging of exhaust gas streams where:
               (i)  the source owner or operator documents that the facility was originally designed and constructed with such merged streams;
               (ii)  after July 8, 1985, such merging is part of a change in operation at the facility that includes the installation of pollution controls and is accompanied by a net reduction in the allowable emissions of a pollutant.  This exclusion from "dispersion technique" applicability shall apply only to the emission limitation for the pollutant affected by such change in operation; or
               (iii)  before July 8, 1985, such merging was part of a change in operation at the facility that included the installation of emissions control equipment or was carried out for sound economic or engineering reasons.  Where there was an increase in the emission limitation or, in the event that no emission limitation existed prior to the merging, there was an increase in the quantity of pollutants actually emitted prior to the merging, it shall be presumed that merging was primarily intended as a means of gaining emissions credit for greater dispersion.  Before such credit can be allowed, the owner or operator must satisfactorily demonstrate that merging was not carried out for the primary purpose of gaining credit for greater dispersion.
          (C)  Manipulation of exhaust gas parameters, merging of exhaust gas streams from several existing stacks into one stack, or other selective handling of exhaust gas streams so as to increase the exhaust gas plume rise in those cases where the resulting allowable emissions of sulfur dioxide from the facility do not exceed 5,000 tons per year.
     "Emission limitations and emission standards" means for purposes of OAC 252:100-8-1.5 requirements that limit the quantity, rate or concentration of emissions of air pollutants on a continuous basis, including any requirements that limit the level of opacity, prescribe equipment, set fuel specifications or prescribe operation or maintenance procedures for a source to assure continuous reduction.
     "Emissions unit" means, for purposes of Parts 7 and 9 of this Subchapter, any part of a source which emits or would have the potential to emit any pollutant subject to regulation.
     "EPA" means the United States Environmental Protection Agency.
     "Fugitive emissions" means, for purposes of Parts 7 and 9 of this Subchapter, those emissions which could not reasonably pass through a stack, chimney, vent or other functionally equivalent opening.
     "National Emission Standards for Hazardous Air Pollutants" or "NESHAP" means those standards found in 40 CFR Parts 61 and 63.
     "Necessary preconstruction approvals or permits" means, for purposes of Parts 7 and 9 of this Subchapter, those permits or approvals required under all applicable air quality control laws and rules.
     "New Source Performance Standards" or "NSPS" means those standards found in 40 CFR Part 60.
     "Part 70 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.
     "Part 70 program" means a program approved by the Administrator under 40 CFR Part 70.
     "Part 70 source" means any source subject to the permitting requirements of Part 5 of this Subchapter, as provided in OAC 252:100-8-3(a) and (b).
     "Potential to emit" means, for purposes of Parts 7 and 9 of this Subchapter, the maximum capacity of a source to emit a pollutant under its physical and operational design.  Any physical or operational limitation on the capacity of the source to emit a 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 or the effect it would have on emissions is enforceable.  Secondary emissions do not count in determining the potential to emit of a source.
     "Secondary emissions" means, for purposes of Parts 7 and 9 of this Subchapter, emissions which occur as a result of the construction or operation of a major stationary source or modification, but do not come from the source or modification itself.  Secondary emissions must be specific, well defined, quantifiable, and impact the same general areas as the source or modification which causes the secondary emissions.  Secondary emissions may include, but are not limited to:
          (A)  emissions from trains coming to or from the new or modified stationary source; and,
          (B)  emissions from any offsite support facility which would not otherwise be constructed or increase its emissions as a result of the construction or operation of the major source or modification.
     "Stack" means for purposes of OAC 252:100-8-1.5 any point in a source designed to emit solids, liquids or gases into the air, including a pipe or duct but not including flares.
     "Stationary source" means, for purposes of Parts 7 and 9 of this Subchapter, any building, structure, facility or installation which emits or may emit any air pollutant subject to OAC 252:100.


252:100-8-1.2.  General information
As adopted in the Oklahoma Register 06/15/1998 (15 Ok Reg 2590) effective 06/25/1998.

     (a)  Permit categories.  Two types of construction and operating permits are available: general permit and individual permit.
          (1)  General permit.
               (A)  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 which are subject to the same standards, limitations and operating and monitoring requirements.
               (B)  Facilities may be eligible for authorization under a general permit if the following criteria are met:
                    (i)  The facility has actual emissions of 100 tpy or more of any one regulated air pollutant emitted and/or is a Part 70 source.
                    (ii)  The DEQ has issued a general permit for the industry.
          (2)  Individual permit.  Facilities requiring permits under this Subchapter that do not qualify for a general permit shall obtain individual permits.  An owner or operator may apply for an individual permit even if the facility qualifies for a general permit.

     (b)  Applicability determination.  Any person may submit a request in writing that the DEQ make a determination as to whether a particular source or installation, which that person operates or proposes to operate, is subject to the permit requirements of this Subchapter.  The request must contain sufficient information for the DEQ to make the requested determination and the required fee. The DEQ may request any additional information that it needs for purposes of making the determination.


252:100-8-1.3.  Duty to comply
As adopted in the Oklahoma Register 06/15/1998 (15 Ok Reg 2590) effective 06/25/1998.

     (a)  An owner or operator who applies for a permit or authorization, upon notification of coverage, shall be bound by the terms and conditions therein.

     (b)  An owner or operator who violates any condition of a permit or authorization is subject to enforcement under the Oklahoma Clean Air Act.


252:100-8-1.4.  Cancellation or extension of a construction permit or authorization under a general construction permit
As adopted in the Oklahoma Register 05/15/2001 (18 Ok Reg 1455) effective 06/01/2001.

     (a)  Cancellation of permit or authorization to construct or modify.  A duly issued permit or authorization to construct or modify will terminate and become null and void (unless extended as provided in Subsection (b) of this Section) if the construction is not commenced within 18 months after the date the permit or authorization was issued, or if work is suspended for more than 18 months after it has commenced.

     (b)  Extension of permit or authorization to construct or modify.
          (1)  Prior to the expiration date of the permit or authorization, a permittee may apply for extension of the permit or authorization by written request of the DEQ stating the reasons for the delay or 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, or
               (C)  One extension of up to 72 months will be granted to major industrial facilities (project cost greater than $100,000,000.00), where the applicant proposes to construct at an existing site and demonstrates that the existing site was originally designed and constructed to accommodate the proposed new facilities.  The applicant shall show a commitment to the site by having purchased land necessary to construct facilities covered by this extension and expended $1,000,000.00 or more on engineering and/or site development.
          (2)  If construction has not commenced within three (3) years of the effective date of the original permit or authorization, 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.
          (3)  Upon formal request of any applicant whose permit has been denied for lack of increment, the DEQ may require any permittee under OAC 252:100:8-1.4(b)(1)(B) or (C), to furnish a complete air quality analysis and/or an appropriate available control technology review if such review is required in order to provide new or current information.


252:100-8-1.5.  Stack height limitations
As adopted in the Oklahoma Register 05/15/2001 (18 Ok Reg 1455) effective 06/01/2001.

     (a)  Stack height exclusion.  Air quality modeling or ambient impact evaluation shall exclude the effect of that portion of the height of any stack which exceeds good engineering practice or the effect of any other dispersion techniques.

     (b)  Determination of good engineering practice (GEP) stack height.  GEP stack height shall be the greater of:
          (1)  65 meters, measured from the ground-level elevation at the base of the stack; or
          (2)  The height under either OAC 252:100-8-1.5(b)(2)(A) or (B):
               (A)  for stacks in existence on January 12, 1979 and for which the owner or operator had obtained all applicable permits or approvals required under OAC 252:100-8 or 40 CFR Part 52, Hg = 2.5H, provided the owner or operator can demonstrate that this equation was relied upon in establishing an emission limitation;
               (B)  for all other stacks, Hg = H + 1.5L, where:
                    (i)  Hg = good engineering practice stack height, measured from the ground-level elevation at the base of the stack,
                    (ii)  H = height of nearby structure(s) measured from the ground-level elevation at the base of the stack,
                    (iii)  L = lesser dimension (height or projected width) of nearby structure(s),
provided that the owner or operator may be required to verify such GEP stack height by the use of a field study or fluid model as the Executive Director shall determine; or
          (3)  The height demonstrated by a fluid model or a field study approved by the reviewing agency, which ensures that the emissions from a stack do not result in excessive concentrations of any air pollutant as a result of atmospheric downwash, wakes, or eddy effects created by the source itself, nearby structures, or nearby terrain features.

     (c)  Nearby.
          (1)  For the formulae in OAC 252:100-8-1.5(b)(2).  A structure or terrain feature shall be considered nearby if it is located within a distance of up to five times the lesser of the height or the width of a structure, but not more than 0.5 miles (0.8 km).
          (2)  For demonstration in OAC 252:100-8-1.5(b)(3).
               (A)  A structure or terrain feature shall be considered nearby if located at a distance not greater than 0.5 mile (0.8 km), except that
               (B)  A portion of a terrain feature may be considered nearby if:
                    (i)  It falls within a distance (not to exceed 2 miles) of up to 10 times the maximum height (Ht) of the feature, and
                    (ii)  At a distance of 0.5 mile, the height of such feature is at least 40 percent of the GEP stack height determined by the formulae provided in OAC 252:100-8-1.5(b)(2)(B) or 85.3 feet (26 meters), whichever is greater, as measured from the base of the stack.
          (3)  Measurement of height of structure or terrain.  The height of the structure or terrain feature is measured from the ground-level elevation at the base of the stack.

     (d)  Excessive concentrations.  When utilized for the purpose of determining GEP stack height under OAC 252:100-8-1.5(b)(3), excessive concentrations shall be as follows:
          (1)  For sources seeking credit for stack height exceeding that calculated under OAC 252:100-8-1.5(b)(2), a maximum ground-level pollutant concentration from a stack due in whole or part to downwash, wakes, and eddy effects produced by nearby structures or nearby terrain features which is at least 40 percent in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects and which, when combined with the impacts due to all sources, produces a concentration in excess of an ambient air quality standard.  For sources subject to the prevention of significant deterioration program (Part 7 of this Subchapter or Federal 40 CFR 52.21), the same criteria apply except that a concurrent exceedance of a prevention of significant deterioration increment is experienced.  In making demonstrations under this part, the allowable emission rate shall conform to the new source performance standard that is applicable to the source category unless the owner or operator can demonstrate that this emission rate is infeasible.  Where such demonstrations are approved by the Director, an alternative emission rate shall be established in consultation with the owner or operator;
          (2)  For sources seeking credit after October l, 1983, for increases in existing stack heights up to the heights established under OAC 252:100-8-1.5(b)(2) either:
               (A)  a maximum ground-level concentration due in whole or part to downwash, wakes or eddy effects as specified in OAC 252:100-8-1.5(b)(2), except that the emission rate specified by any applicable state implementation plan (or, in the absence of such a limit, the actual emission rate) shall be used, or
               (B)  the actual presence of a local nuisance caused by the existing stack, as determined by the Director; and
          (3)  For sources seeking credit after January 12, 1979 for a stack height determined under OAC 252:100-8-1.5(b)(2) where the Director requires the use of a field study or fluid model to verify GEP stack height, for sources seeking stack height credit after November 9, 1984 based on the aerodynamic influence of cooling towers, and for sources seeking stack height credit after December 31, 1970 based on the aerodynamic influence of structures not adequately represented by the formulae in OAC 252:100-8-1.5(b)(2), a maximum ground-level concentration due in whole or part to downwash, wakes or eddy effects that is at least 40 percent in excess of the maximum concentration experienced in the absence of such downwash, wakes or eddy effects.

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