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

SUBCHAPTER 8.  PERMITS FOR PART 70 SOURCES

PART 7.  PREVENTION OF SIGNIFICANT DETERIORATION (PSD) REQUIREMENTS FOR ATTAINMENT AREAS
Approved by EPA November 26, 2010 (75 FR 72695) effective December 27, 2010 (OKd07) OK006
Regulations.gov docket EPA-R06-OAR-2007-0314 documents EPA-R06-OAR-2007-0314-0013 (original submittal) and EPA-R06-OAR-2007-0314-0005 (June 24, 2010 submittal).

Sections
252:100-8-30.  Applicability
252:100-8-31.  Definitions
252:100-8-32.  Source applicability determination
252:100-8-33.  Exemptions
252:100-8-34.  Best available control technology
252:100-8-35.  Air quality impact evaluation
252:100-8-36.  Source impacting Class I areas
252:100-8-37.  Innovative control technology


252:100-8-30.  Applicability
As adopted in the Oklahoma Register 06/15/1998 (15 Ok Reg 2590) effective 06/25/1998.

     The new source requirements of this Part, in addition to the requirements of Parts 1, 3, and 5 of this Subchapter, shall apply to the construction of all major stationary sources and major modifications as specified in 252:100-8-31 through 252:100-8-33.  Sources subject to this Part are also subject to the operating permit provisions contained in Part 5 of 252:100-8.


252:100-8-31.  Definitions
As adopted in the Oklahoma Register 05/15/2001 (18 Ok Reg 1455) effective 06/01/2001.

SIP Approval Explanation in Federal Register amendatory language:  "Revisions submitted on June 24, 2010 are approved as follows: a major source that is major for NOx shall be considered major for ozone in the definition of Major Stationary Source; Regulated NSR pollutant definition; and definition of Significant." See 75 FR 72695 (November 26, 2010), page 72704.
NOTE: The definitions of "Major Stationary Source" and "Significant" below are updated with the June 24, 2010 revision. There is no definition for "Regulated NSR pollutant" in 252:100-8-31 as adopted in the Oklahoma Register 05/15/2001 (18 Ok Reg 1455) approved by EPA November 26, 2010 (75 FR 72695) (OKd07).

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

     "Actual emission" means the actual rate of emissions of a pollutant from an emissions unit, as determined in accordance with the following:
          (A)  In general, actual emissions as of a particular date shall equal the average rate in tons per year at which the unit actually emitted the pollutant during a two-year period which precedes the particular date and which is representative of normal source operation.  The reviewing authority may allow the use of a different time period upon a determination that it is more representative of normal source operation.  Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period.  Actual emissions may also be determined by source tests, or by best engineering judgment in the absence of acceptable test data.
          (B)  The reviewing authority may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions of the unit.
          (C)  For any emissions unit which has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date.

     "Adverse impact on visibility" means visibility impairment which interferes with the management, protection, preservation or enjoyment of the visitor's visual experience of the Federal Class I area.  This determination must be made by the DEQ on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency and time of visibility impairments, and how these factors correlate with:
          (A)  times of visitor use of the Federal Class I area; and
          (B)  the frequency and timing of natural conditions that reduce visibility.

     "Baseline area" means any areas designated as attainment or unclassifiable in which the major source or major modification establishing the minor source baseline date would construct or would have an air quality impact equal to or greater than 1 µg/m³ (annual average) of the pollutant for which the minor source baseline date is established.

     "Baseline concentration" means that ambient concentration level which exists in the baseline area at the time of the applicable minor source baseline date.
          (A)  A baseline concentration is determined for each pollutant for which a minor source baseline date is established and shall include:
               (i)  the actual emissions representative of sources in existence on the applicable minor source baseline date, except as provided in (B) of this definition.
               (ii)  the allowable emissions of major sources which commenced construction before the major source baseline date but were not in operation by the applicable minor source baseline date.
          (B)  The following will not be included in the baseline concentration and will affect the applicable maximum allowable increase(s):
               (i)  actual emissions from any major source on which construction commenced after the major source baseline date; and,
               (ii)  actual emissions increases and decreases at any source occurring after the minor source baseline date.

     "Baseline date" means:
          (A)  for major sources,
               (i)  in the case of particulate matter and sulfur dioxide, January 6, 1975, and,
               (ii)  in the case of nitrogen dioxide, February 8, 1988; and,
          (B)  for minor sources, the earliest date after the trigger date on which a major source or major modification (subject to 40 CFR 52.21 or OAC 252:100-8, Part 7) submits a complete application.  The trigger date is:
               (i)  in the case of particulate matter and sulfur dioxide, August 7, 1977, and
               (ii)  in the case of nitrogen oxides, February 8, 1988.

     "Complete" means, in reference to an application for a permit, that the application contains all the information necessary for processing the application.  Designating an application complete for purposes of permit processing does not preclude the reviewing authority from requesting or accepting any additional information.

     "Federal land manager" means the Secretary of the department with authority over the Federal Class I area or his representative.

     "Innovative control technology" means any system of air pollution control that has not been adequately demonstrated in practice, but would have a substantial likelihood of achieving greater continuous emissions reduction than any control system in current practice or of achieving at least comparable reductions at lower cost in terms of energy, economics, or non-air quality environmental impacts.

     "Major modification" means any physical change in or change in the method of operation of a major source that would result in a significant net emissions increase of any pollutant subject to regulation.
          (A)  Any net emissions increase that is significant for volatile organic compounds shall be considered significant for ozone.
          (B)  A physical change or change in the method of operation shall not include:
               (i)  routine maintenance, repair and replacement.
               (ii)  use of an alternate fuel or raw material by reason of any order under Sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan pursuant to the Federal Power Act.
               (iii)  use of an alternate fuel by reason of an order or rule under Section 125 of the Federal Clean Air Act.
               (iv)  use of an alternate fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste.
               (v)  Use of an alternate fuel or raw material by a source which:
                    (I)  the source was capable of accommodating before January 6, 1975, unless such change would be prohibited under any enforceable permit limitation which was established after January 6, 1975; or,
                    (II)  the source is approved to use under any permit issued under 40 CFR 52.21 or OAC 252:100-8.
               (vi)  An increase in the hours of operation or in the production rate, unless such change would be prohibited under any enforceable permit limitation which was established after January 6, 1975.
               (vii)  Any change in source ownership.

     "Major stationary source" means any source which meets any of the following conditions:
          (A)  Any of the following sources of air pollutants which emits, or has the potential to emit, 100 tons per year or more of any pollutant subject to regulation:
               (i)  carbon black plants (furnace process),
               (ii)  charcoal production plants,
               (iii)  chemical process plants,
               (iv)  coal cleaning plants (with thermal dryers),
               (v)  coke oven batteries,
               (vi)  fossil-fuel boilers (or combination thereof) totaling more than 250 million BTU per hour heat input,
               (vii)  fossil fuel-fired steam electric plants of more than 250 million BTU per hour heat input,
               (viii)  fuel conversion plants,
               (ix)  glass fiber processing plants,
               (x)  hydrofluoric, sulfuric or nitric acid plants,
               (xi)  iron and steel mill plants,
               (xii)  kraft pulp mills,
               (xiii)  lime plants,
               (xiv)  municipal incinerators capable of charging more than 50 tons of refuse per day,
               (xv)  petroleum refineries,
               (xvi)  petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels,
               (xvii)  phosphate rock processing plant,
               (xviii)  portland cement plants,
               (xix)  primary aluminum ore reduction plants,
               (xx)  primary copper smelters,
               (xxi)  primary lead smelters,
               (xxii)  primary zinc smelters,
               (xxiii)  secondary metal production plants,
               (xxiv)  sintering plants,
               (xxv)  sulfur recovery plants, or
               (xxvi)  taconite ore processing plants.
          (B)  Any other source not on the list in (A) of this definition which emits, or has the potential to emit, 250 tons per year or more of any pollutant subject to regulation.
          (C)  Any physical change that would occur at a source not otherwise qualifying as a major source under (A) and (B) of this definition if the change would constitute a major source by itself.
          (D)  A major source that is major for volatile organic compounds shall be considered major for ozone. 
           Paragraph (D) as submitted to EPA on June 24, 2010 and approved by EPA November 26, 2010 (75 FR 72695), page 72704.  
          (D)  A major source that is major for VOC or NOx shall be considered major for ozone.

     "Natural conditions" mean naturally occurring phenomena against which any changes in visibility are measured in terms of visual range, contrast or coloration.

     "Net emissions increase" means:
          (A)  The amount by which the sum of the following exceeds zero:
               (i)  any increase in actual emissions from a particular physical change or change in the method of operation at a source; and,
               (ii)  any other increases and decreases in actual emissions at the source that are contemporaneous with the particular change and are otherwise creditable.
          (B)  An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs within 3 years before the date that the increase from the particular change occurs.
          (C)  An increase or decrease in actual emissions is creditable only if the Executive Director has not relied on it in issuing a permit under OAC 252:100-8, Part 7, which permit is in effect when the increase in actual emissions from the particular change occurs.
          (D)  An increase or decrease in actual emissions of sulfur dioxide, particulate matter, or nitrogen oxides which occurs before the applicable minor source baseline date is creditable only if it is required to be considered in calculating the amount of maximum allowable increases remaining available.
          (E)  An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level.
          (F)  A decrease in actual emissions is creditable only to the extent that:
               (i)  the old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions;
               (ii)  it is enforceable at and after the time that actual construction on the particular change begins;
               (iii)  it has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.
          (G)  An increase that results from a physical change at a source occurs when the emission unit on which construction occurred becomes operational and begins to emit a particular pollutant.  Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days.

     "Significant" means:
          (A)  In reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates:
               (i)  carbon monoxide:  100 tons per year (tpy),
               (ii)  nitrogen oxides:  40 tpy,
               (iii)  sulfur dioxide:  40 tpy,
               (iv)  particulate matter:  25 tpy of particulate matter emissions or 15 tpy of PM-10 emissions,
               (v)  ozone:  40 tpy of volatile organic compounds,
               Paragraph (v) as submitted to EPA on June 24, 2010 and approved by EPA November 26, 2010 (75 FR 72695), page 72704.
               (v)  ozone:  40 tpy of VOC or NOx,
               (vi)  lead:  0.6 tpy,
               (vii)  asbestos:  0.007 tpy,
               (viii)  beryllium:  0.0004 tpy,
               (ix)  mercury:  0.1 tpy,
               (x)  vinyl chloride:  1 tpy,
               (xi)  fluorides:  3 tpy,
               (xii)  sulfuric acid mist:  7 tpy,
               (xiii)  hydrogen sulfide (H₂S):  10 tpy,
               (xiv)  total reduced sulfur (including H₂S):  10 tpy, and
               (xv)  reduced sulfur compounds (including H₂S):  10 tpy.
          (B)  Notwithstanding (A) of this definition, "significant" means any emissions rate or any net emissions increase associated with a major source or modification which would construct within 6 miles of a Class I area, and have an impact on such area equal to or greater than 1 µg/m³ (24-hour average).

     "Visibility impairment" means any humanly perceptible reduction in visibility (visual range, contrast and coloration) from that which would have existed under natural conditions.


252:100-8-32.  Source applicability determination
As adopted in the Oklahoma Register 06/15/1998 (15 Ok Reg 2590) effective 06/25/1998.

     Proposed new sources and source modifications to which this Part is applicable are determined by size, geographical location and type of emitted pollutants.
          (1)  Size.
               (A)  Permit review will apply to sources and modifications that emit any regulated pollutant in major amounts.  These quantities are specified in the definitions for major stationary source, major modification, potential to emit, net emissions increase, significant and other associated definitions in 252:100-8-31, 252:100-8-1.1, and 252:100-1.
               (B)  When a source or modification becomes major solely by virtue of a relaxation in any enforceable permit limitation established after August 7, 1980, on the capacity of the source or modification to emit a pollutant, such as a restriction on hours of operation, then the requirements of 252:100-8, Parts 1, 3, 5, and 7 shall apply to that source or modification as though construction had not yet commenced on it.
          (2)  Location.
               (A)  Sources and modifications which are major in size and proposed for construction in an area which has been designated as attainment or unclassified for any applicable ambient air standard are subject to the PSD requirements.
               (B)  Those sources and modifications locating in an attainment or unclassified area but impacting on a nonattainment area may also be subject to the requirements for major sources affecting nonattainment areas in 252:100-8, Part 9.


252:100-8-33.  Exemptions
As adopted in the Oklahoma Register 05/15/2001 (18 Ok Reg 1455) effective 06/01/2001.

SIP Approval Explanation in Federal Register amendatory language:  "The revision to OAC 252:100-8-33(c)[1](E) submitted on June 24, 2010 is approved." See 75 FR 72695 (November 26, 2010), page 72704.

     (a)  Exemptions from PSD requirements.  PSD requirements do not apply to a particular source or modification if:
          (1)  It is a nonprofit health or educational institution.
          (2)  The source is major by virtue of fugitive emissions, to the extent quantifiable, included in calculating the potential to emit and is a source other than:
               (A)  One of the categories listed in (A)(i) through (xxvi) under the definition of "Major stationary source" in OAC 252:100-8-31, or
               (B)  A stationary source category which, as of August 7, 1980, is being regulated by NSPS or NESHAP.
          (3)  The source or modification is a portable stationary source which has previously received a permit under the PSD requirements and proposes to relocate to a temporary new location from which its emissions would not impact a Class I area or an area where an applicable increment is known to be violated.

     (b)  Exemption from air quality impact evaluation.
          (1)  The requirements of OAC 252:100-8-35 are not applicable if the emissions, with respect to a particular pollutant, would be temporary and impact no Class I area and no area where an applicable increment is known to be violated.
          (2)  The requirements of OAC 252:100-8-35 are not applicable to the emissions, with respect to a particular pollutant, to a modification of a major source that was in existence on March 1, 1978 if the net increase in allowable emissions of each regulated pollutant, after the application of BACT, would be less than 50 tons per year.

     (c)  Exemption from monitoring requirements.
          (1)  The monitoring requirements of OAC 252:100-8-35 are not applicable for a particular pollutant if the emission increase of the pollutant from a new source or the net emissions increase of the pollutant from a modification would cause, in any area, air quality impacts less than the following listed amounts, or are pollutant concentrations that are not on the list.
               (A)  Carbon monoxide - 575 µg/m³, 8-hour average,
               (B)  Nitrogen dioxide - 14 µg/m³, annual average,
               (C)  Particulate matter - 10 µg/m³, TSP, 24-hour average, or 10 µg/m³ PM-10, 24-hour average,
               (D)  Sulfur dioxide -13 µg/m³, 24-hour average,
               (E)  Ozone - see (N) below,
               NOTE: Paragraphs (E) and (N) replaced by Paragraph OAC 252:100-8-33(c)[1](E) submitted to EPA on June 24, 2010.
               (E)  Ozone -- no de minimis air quality level is provided for ozone, however any net increase of 100 TPY or more of VOC or NOx subject to PSD would require an ambient impact analysis, including the gathering of ambient air quality data.
               (F)  Lead - 0.1 µg/m³, 3-month average,
               (G)  Mercury - 0.25 µ:g/m³, 24-hour average,
               (H)  Beryllium - 0.001 µg/m³, 24-hour average,
               (I)  Fluorides - 0.25 µg/m³, 24-hour average,
               (J)  Vinyl chloride - 15 µg/m³, 24-hour average,
               (K)  Total reduced sulfur - 10 µg/m³, 1-hour average,
               (L)  Hydrogen sulfide - 0.2 µg/m³, 1-hour average, or
               (M)  Reduced sulfur compounds - 10 µg/m³, 1-hour average.
               (N)  No de minimis air quality level is provided for ozone. However, any net increase of 100 tons per year or more of volatile organic compounds subject to PSD would be required to perform an ambient impact analysis, including the gathering of ambient air quality data.
          (2)  The requirements for air quality monitoring in OAC 252:100-8-35(b),(c) and (d)(2) shall not apply to a source or modification that was subject to 40 CFR 52.21 as in effect on June 19, 1978, if a permit application was submitted before June 8, 1981 and the Director subsequently determined that the application was complete except for OAC 252:100-8-35(b), (c) and (d)(2).  Instead, the requirements in 40 CFR 52.21(m)(2) as in effect on June 19, 1978, shall apply to such source or modification.
          (3)  The requirements for air quality monitoring in OAC 252:100-8-35(b), (c), and (d)(2) shall not apply to a source or modification that was not subject to 40 CFR 52.21 as in effect on June 19, 1978, if a permit application was submitted before June 8, 1981 and the Director subsequently determined that the application as submitted was complete, except for the requirements in OAC 252:100-8-35(b), (c) and (d)(2).
          (4)  The Director shall determine if the requirements for air quality monitoring of PM-10 in OAC 252:100-8-35(a) through (c) and OAC 252:100-8-35(d)(2) may be waived for a source or modification when an application for a permit was submitted on or before June l, 1988 and the Director subsequently determined that the application, except for the requirements for monitoring particulate matter under OAC 252:100-8-35(a) through (c) and OAC 252:100-8-35(d)(2), was complete before that date.
          (5)  The requirements for air quality monitoring of PM-10 in OAC 252:100-8-35(b), (c), (d)(2) and (d)(6) shall apply to a source or modification if an application for a permit was submitted after June l, 1988 and no later than December 1, 1988.  The data shall have been gathered over at least the period from February l, 1988 to the date the application becomes otherwise complete in accordance with the provisions of OAC 252:100-8-33(b)(1), except that if the Director determines that a complete and adequate analysis can be accomplished with monitoring data over a shorter period (not to be less than 4 months), the data required by OAC 252:100-8-35(b)(1) and OAC 252:100-8-35(c) shall have been gathered over that shorter period.

     (d)  Exemption from BACT requirements and monitoring requirements.  If a complete permit application for a source or modification was submitted before August 7, 1980 the requirements for BACT in OAC 252:100-8-34 and for monitoring in OAC 252:100-8-35(a) through (c) and OAC 252:100-8-35(d)(2) through (4) are not applicable.  Instead, the federal requirements at 40 CFR 52.21 (j) and (n) as in effect on June 19, 1978 are applicable to any such source or modification.

     (e)  Exemption of modifications.  As specified in the applicable definitions of OAC 252:100-8-31, 252:100-8-1.1, and 252:100-1, the requirements of OAC 252:100-8, Part 7 for PSD and OAC 252:100-8, Part 9 for nonattainment areas are not applicable to a modification if the existing source was not major on August 7, 1980 unless the proposed addition to that existing minor source is major in its own right.

     (f)  Exemption from impact analyses.  The requirements of OAC 252:100-8-35 and OAC 252:100-8-36 do not apply to a source or modification with respect to any maximum allowable increase for nitrogen oxides if the owner or operator of the source or modification submitted a completed application for a permit before February 8, 1988.

     (g)  Exemption from increment consumption.  Excluded from increment consumption are the following cases:
          (1)  Concentrations from an increase in emissions from any source converting from the use of petroleum products, natural gas, or both by reason of any order under Sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation), or by reason of a natural gas curtailment plan pursuant to the Federal Power Act.  Such exclusion is limited to five years after the effective date of the order or plan.
          (2)  Emissions of particulate matter from construction or other temporary emission-related activities of new or modified sources.
          (3)  A temporary increase of sulfur dioxide, particulate matter, or nitrogen oxides by order or authorized variance from any source.


252:100-8-34.  Best available control technology
As adopted in the Oklahoma Register 06/15/1998 (15 Ok Reg 2590) effective 06/25/1998.

     (a)  A new source must demonstrate that the control technology to be applied is the best that is available (i.e., BACT as defined herein for each regulated pollutant that it would have the potential to emit in significant amounts).

     (b)  A major modification must demonstrate that the control technology to be applied is the best that is available for each regulated pollutant for which it would be a significant net emissions increase at the source.  This requirement applies to each proposed emissions unit at which a net emissions increase in the pollutant would occur as a result of a physical change or change in the method of operation in the unit.

     (c)  The determination of best available control technology shall be made on a case by case basis taking into account costs and energy, environmental and economic impacts.

     (d)  For phased construction projects the determination of best available control technology shall be reviewed and modified at the discretion of the Executive Director at a reasonable time but no later than 18 months prior to commencement of construction of each independent phase of the project.  At such time the owner or operator may be required to demonstrate the adequacy of any previous determination of best available control technology.


252:100-8-35.  Air quality impact evaluation
As adopted in the Oklahoma Register 06/15/1998 (15 Ok Reg 2590) effective 06/25/1998.

     (a)  Application contents.  Any application for a permit shall contain, as the Executive Director determines appropriate, an evaluation of ambient air quality in the area that the source or modification would affect for each of the following pollutants:
          (1)  for a new source, each regulated pollutant that it would have the potential to emit in a significant amount;
          (2)  for a major modification, each regulated pollutant for which it would result in a significant net emissions increase.
     (b)  Continuous monitoring data.  For visibility and any pollutant, other than volatile organic compounds, for which an ambient air quality standard exists, the evaluation shall contain continuous air quality monitoring data gathered to determine whether emissions of that pollutant would cause or contribute to a violation of the applicable ambient air quality standard.  For any such pollutant for which a standard does not exist, the monitoring data required shall be that which the Executive Director determines is necessary to assess the ambient air quality for that pollutant in that area.  (Amended 7-9-87, effective 8-10-87)

     (c)  Increment consumption.  The evaluation shall demonstrate that, as of the source's start-up date, the increase in emissions from that source, in conjunction with all other applicable emissions increases or reductions of that source, will not cause or contribute to any increase in ambient concentrations exceeding the remaining available PSD increment for the specified air contaminants as determined by the Executive Director.

     (d)  Monitoring.
          (1)  Monitoring method.  With respect to any requirements for air quality monitoring of PM-10 under 252:100-8-33(c)(4) and 252:100-8-33(c)(5), the owner or operator of the source or modification shall use a monitoring method approved by the Executive Director and shall estimate the ambient concentrations of PM-10 using the data collected by such approved monitoring method in accordance with estimating procedures approved by the Executive Director.
          (2)  Monitoring period.  The required monitoring data shall have been gathered for a time period of up to one year and shall represent the year preceding submission of the application.  Ambient monitoring data collected for a time period shorter than one year (but no less than four months) or for a time period other than immediately preceding the application may be acceptable if such data are determined by the Executive Director to be within the time period that maximum pollutant concentrations would occur, and to be complete and adequate for determining whether the source or modification will cause or contribute to a violation of any applicable ambient air quality standard or consume more than the remaining available PSD increment.
          (3)  Monitoring period exceptions.
               (A)  For any application which becomes complete except as to the monitoring requirements of 252:100-8-35(b) through 252:100-8-35(c) and 252:100-8-35(d)(2), between June 8, 1981 and February 9, 1982, the data that 252:100-8-35(b) and 252:100-8-35(c) require shall have been gathered over the period from February 9, 1981 to the date the application becomes otherwise complete, except that:
                    (i)  If the source or modification would have been major for that pollutant under 40 CFR 52.21 as in effect on June 19, 1978, any monitoring data shall have been gathered over the period required by those regulations.
                    (ii)  If the Executive Director determines that a complete and adequate analysis can be accomplished with monitoring data over a shorter period, not to be less than four months, the data that 252:100-8-35(b) and 252:100-8-35(c) require shall have been gathered over that shorter period.
                    (iii)  If the monitoring data would relate exclusively to ozone and would not have been required under 40 CFR 52.21 as in effect on June 19, 1978, the Executive Director may waive the otherwise applicable requirements of 252:100-8-35(d)(3)(A) to the extent that the applicant shows that the monitoring data would be unrepresentative of air quality over a full year.
               (B)  For any application that becomes complete, except as to the requirements of 252:100-8-35(b), (c) and (d)(2) pertaining to monitoring of PM-10, after December l, 1988 and no later than August l, 1989, the data that 252:100-8-35(b) and (c) require shall have been gathered over at least the period from August l, 1988 to the date the application becomes otherwise complete, except that if the Executive Director determines that a complete and adequate analysis can be accomplished with monitoring data over a shorter period (not to be less than 4 months), the data that 252:100-8-35(b) and 252:100-8-35(c) require shall have been gathered over that shorter period.
          (4)  Ozone post-approval monitoring.  The application for a source or modification of volatile organic compounds which satisfies all conditions of 252:100-8-54 may provide post-approval monitoring data for ozone in lieu of providing preconstruction data as required under 252:100-8-35.
          (5)  Post-construction monitoring.  The applicant for a permit for a new source or modification shall conduct, after construction, such ambient monitoring and visibility monitoring as the Executive Director determines necessary to determine the effect its emissions may have, or are having, on air quality in any area.  (Amended 7-9-87, effective 8-10-87)
          (6)  Monitoring system operation.  The operation of monitoring stations for any air quality monitoring required under Part 7 of this Subchapter shall meet the requirements of 40 CFR 58 Appendix B.

     (e)  Air quality models.
          (1)  Any air quality dispersion modeling that is required under Part 7 of this Subchapter for estimates of ambient concentrations shall be based on the applicable air quality models, data bases and other requirements specified in the Guidelines on Air Quality Models, OAQPS 1.2-080, U.S. Environmental Protection Agency, April, 1978 and subsequent revisions.
          (2)  Where an air quality impact model specified in the Guidelines on Air Quality Models is inappropriate, the model may be modified or another model substituted, as approved by the Executive Director.  Methods like those outlined in the Workbook for the Comparison of Air Quality Models, U.S. Environmental Protection Agency, April, 1977 and subsequent revisions, can be used to determine the comparability of air quality models.

     (f)  Growth analysis.  Upon request of the Executive Director the permit application shall provide information on the nature and extent of any or all general commercial, residential, industrial and other growth which has occurred since August 7, 1977 in the area the source or modification would affect.  The permit application shall also contain an analysis of the air quality impact projected for the area as a result of general commercial, residential and other growth associated with the source or modification.

     (g)  Visibility and other impacts analysis.  The permit application shall provide an analysis of the impairment to visibility, soils and vegetation as a result of the source or modification.  The Executive Director may require monitoring of visibility in any Federal Class I area near the proposed new stationary source or major modification for such purposes and by such means as the Executive Director deems necessary and appropriate.  (Amended 7-9-87, effective 8-10-87)


252:100-8-36.  Source impacting Class I areas
As adopted in the Oklahoma Register 06/15/1998 (15 Ok Reg 2590) effective 06/25/1998.

     (a)  Permits issuance.  Permits may be issued at variance to the limitations imposed on a Class I area in compliance with the procedures and limitations established in State and Federal Clean Air Acts.

     (b)  Impact analysis required.  The permit application for a proposed new source or modification will contain an analysis on the impairment of visibility and an assessment of any anticipated adverse impacts on soils and vegetation in the vicinity of the source resulting from construction of the source.  The Executive Director shall notify the appropriate Federal Land Manager of the receipt of any such analysis and include a complete copy of the permit application.  Any analysis performed by the Land Manager shall be considered by the Executive Director provided that the analysis is filed with the DEQ within 30 days of receipt of the application by the Land Manager.  Where the Executive Director finds that such an analysis does not demonstrate to the satisfaction of the Executive Director that an adverse impact on visibility will result in the Federal Class I area, the Executive Director will, in any notice of public hearing on the permit application, either explain his decision or give notice as to where the explanation can be obtained.  Further, upon presentation of good and sufficient information by a Federal Land Manager, the Executive Director may deny the issuance of a permit for a source, emissions from which will adversely impact areas heretofore or hereafter categorized as Class I areas even though the emissions would not cause the increment for such Class I areas to be exceeded.


252:100-8-37.  Innovative control technology
As adopted in the Oklahoma Register 06/15/1998 (15 Ok Reg 2590) effective 06/25/1998.

     (a)  An applicant for a permit for a proposed major source or modification may request the Executive Director in writing to approve a system of innovative control technology.

     (b)  The Executive Director may determine that the innovative control technology is permissible if:
          (1)  The proposed control system would not cause or contribute to an unreasonable risk to public health, welfare or safety in its operation or function.
          (2)  The applicant agrees to achieve a level of continuous emissions reductions equivalent to that which would have been required for best available control technology under 252:100-8-34 by a date specified by the Executive Director.  Such date shall not be later than 4 years from the time of start-up or 7 years from permit issuance.
          (3)  The source or modification would meet the requirements equivalent to those in Parts 1 and 5 of this Subchapter and 252:100-8-36 based on the emissions rate that the source employing the system of innovative control technology would be required to meet on the date specified by the Executive Director.
          (4)  The source or modification would not, before the date specified, cause or contribute to any violation of the applicable ambient air standards, or impact any Class I area or area where an applicable increment is known to be violated.
          (5)  All other applicable requirements including those for public review have been met.

     (c)  The Executive Director shall withdraw approval to employ a system of innovative control technology made under 252:100-8-37, if:
          (1)  The proposed system fails by the specified date to achieve the required continuous reduction rate; or,
          (2)  The proposed system fails before the specified date so as to contribute to an unreasonable risk to public health, welfare or safety; or,
          (3)  The Executive Director decides at any time that the proposed system is unlikely to achieve the required level of control or to protect the public health, welfare or safety.

     (d)  If a source or modification fails to meet the required level of continuous emissions reduction within the specified time period, or if the approval is withdrawn in accordance with 252:100-8-37(c), the source or modification may be allowed up to an additional 3 years to meet the requirement for application of best available control technology through the use of a demonstrated system of control.

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*end OK OAC 252:100 Subchapter 8 Part 7*EPA-R06-OAR-2007-0314*OK006*OKd07*r7m*