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Oklahoma SIP: OK 252:100- 8, Part 9. Major Sources Affecting NonAttainment Areas; SIP effective 2010-12-27 (OKd07) to 2016-10-27

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

SUBCHAPTER 8.  PERMITS FOR PART 70 SOURCES

PART 9.  MAJOR SOURCES AFFECTING NONATTAINMENT AREAS
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
252:100-8-50.  Applicability
252:100-8-51.  Definitions
252:100-8-52.  Source applicability determination
252:100-8-53.  Exemptions
252:100-8-54.  Requirements for sources located in nonattainment areas


252:100-8-50.  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 applicable requirements of Parts 1, 3, and 5 of this Subchapter, shall apply to the construction of all major sources and major modifications affecting designated nonattainment areas as specified in 252:100-8-51 through 252:100-8-53.


252:100-8-51.  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 Part, shall have the following meaning, unless the context clearly indicates otherwise:

     "Actual emissions" 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 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.

     "Lowest achievable emissions rate" means the control technology to be applied to a major source or modification which the Director, on a case by case basis, determines is achievable for a source based on the lowest achievable emission rate achieved in practice by such category of source (i.e., lowest achievable emission rate as defined in the Federal Clean Air Act).

     "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 December 21, 1976, unless such change would be prohibited under any enforceable permit limitation which was established after December 21, 1976; or,
                    (II)  the source is approved to use under any permit issued under 40 CFR 52.21 or OAC 252:100-7 or 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 December 21, 1976, or
               (vii)  any change in source ownership.

     "Major stationary source" means:
          (A)  any stationary source of air pollutants which emits, or has the potential to emit, 100 tons per year or more of any pollutant subject to regulation; or,
          (B)  any physical change that would occur at a source not qualifying under (A) of this definition as a major source, if the change would constitute a major source by itself.
          (C)  for ozone, a source that is major for volatile organic compounds shall be considered major.

     "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 emission 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 Director has not relied on it in issuing a permit under Part 9 of this Subchapter, which permit is in effect when the increase in actual emissions from the particular change occurs.
          (D)  An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level.
          (E)  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)  the reviewing authority has not relied on it in issuing any permit under State air quality rules; and,
               (iv)  it has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.
          (F)  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 after a reasonable shakedown period, not to exceed 180 days.

     "Significant" means, 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:
          (A)  Carbon monoxide:  100 tons per year (tpy),
          (B)  Nitrogen oxides:  40 tpy,
          (C)  Sulfur dioxide:  40 tpy,
          (D)  Particulate matter:  15 tpy of PM-10 emissions,
          (E)  Ozone:  40 tpy of volatile organic compounds, or
          (F)  Lead:  0.6 tpy.


252:100-8-52.  Source applicability determination
As adopted in the Oklahoma Register 05/15/2001 (18 Ok Reg 1455) effective 06/01/2001.

Error in amendatory language on page 72705 in 76 FR 72695 (November 26, 2010): "NOT in SIP: paragraph (b)(2)" in Explanation column should be deleted.  There is no paragraph (b)(2) in 252:100-8-52.

     Proposed new sources and source modifications to which Part 9 of this Subchapter 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 OAC 252:100-8-51, 252:100-8-1.1, and 252:100-1-3.
               (B)  At such time that a particular source or modification becomes major solely by virtue of a relaxation in any enforceable permit limitation which was established after August 7, 1980 on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then the requirements of Parts 1, 3, 5, and 9 of this Subchapter shall apply to that source or modification as though construction had not yet commenced on it.
          (2)  Location.
               (A)  Sources and modifications that are major in size and proposed for construction in an area which has been designated as nonattainment for any applicable ambient air quality standard are subject to the requirements for the nonattainment area, if the source or modification is major for the nonattainment pollutant(s) of that area.
               (B)  In addition, the requirements of a PSD review (Part 7 of this Subchapter) would be applicable if any other regulated pollutant other than the nonattainment pollutant is emitted in significant amounts by that source or modification.
          (3)  Location in attainment or unclassifiable area but causing or contributing to NAAQS violation.
               (A)  A proposed major source or major modification that would locate in an area designated attainment or unclassifiable is considered to cause or contribute to a violation of the national ambient air quality standards when such source or modification would, as a minimum, exceed the following significance levels at any locality that does not or would not meet the applicable national standard:
                    (i)  SO2:
                         (I)  1.0 µg/m3 annual average;
                         (II)  5 µg/m3 24-hour average;
                         (III)  25 µg/m3 3-hour average;
                    (ii)  PM-10:
                         (I)  1.0 µg/m3 annual average;
                         (II)  5 µg/m3 24-hour average;
                    (iii)  NO2:  1.0 µg/m3 annual average;
                    (iv)  CO:
                         (I)  500 µg/m3 8-hour average;
                         (II)  2000 µg/m3 one-hour average.
               (B)  A proposed major source or major modification subject to OAC 252:100-8-52(3)(A) may reduce the impact of its emissions upon air quality by obtaining sufficient emissions reductions to, at a minimum, compensate for its adverse ambient impact where the proposed source or modification would otherwise cause or contribute to a violation of any national ambient air quality standard.  In the absence of such emission reductions, a permit for the proposed source or modification shall be denied.
               (C)  The requirements of OAC 252:100-8-52(3)(A) and (B) shall not apply to a major source or major modification with respect to a particular pollutant if the owner or operator demonstrates that, as to that pollutant, the source or modification is located in an area designated nonattainment.
               (D)  Sources of volatile organic compounds located outside a designated ozone nonattainment area will be presumed to have no significant impact on the designated nonattainment area. If ambient monitoring indicates that the area of source location is in fact nonattainment, then the source may be granted its permit since the area has not yet been designated nonattainment.
               (E)  Sources locating in an attainment area but impacting on a nonattainment area above the significant levels listed in OAC 252:100-8-52(3) are exempted from the condition of OAC 252:100-8-54(4)(A).
               (F)  The determination whether a source or modification will cause or contribute to a violation of an applicable ambient air quality standard for sulfur dioxide, particulate matter or carbon monoxide will be made on a case by case basis as of the proposed new source's start-up date by an atmospheric simulation model.  For sources of nitrogen oxides the model can be used for an initial determination assuming all the nitric oxide emitted is oxidized to nitrogen dioxide by the time the plume reaches ground level, and the initial concentration estimates will be adjusted if adequate data are available to account for the expected oxidation rate.
               (G)  The determination as to whether a source would cause or contribute to a violation of applicable ambient air quality standards will be made on a case by case basis as of the new source's start-up date.  Therefore, if a designated nonattainment area is projected to be attainment as part of the state implementation plan control strategy by the new source start-up date, offsets would not be required if the new source would not cause a new violation.


252:100-8-53.  Exemptions
As adopted in the Oklahoma Register 06/15/1998 (15 Ok Reg 2590) effective 06/25/1998.

     (a)  Nonattainment area requirements do not apply to a particular source or modification locating in or impacting on a nonattainment area if:
          (1)  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 one of the following categories:
               (A)  carbon black plants (furnace process),
               (B)  charcoal production plants,
               (C)  chemical process plants,
               (D)  coal cleaning plants (with thermal dryers),
               (E)  coke oven batteries,
               (F)  fossil-fuel boilers (or combination thereof) totaling more than 250 million BTU per hour heat input,
               (G)  fossil fuel-fired steam electric plant of more than 250 million BTU per hour heat input,
               (H)  fuel conversion plants,
               (I)  glass fiber processing plants,
               (J)  hydrofluoric, sulfuric or nitric acid plants,
               (K)  iron and steel mills,
               (L)  kraft pulp mills,
               (M)  lime plants,
               (N)  municipal incinerators capable of charging more than 250 tons of refuse per day,
               (O)  petroleum refineries,
               (P)  petroleum storage and transfer units with a total storage exceeding 300,000 barrels,
               (Q)  phosphate rock processing plants,
               (R)  portland cement plants,
               (S)  primary aluminum ore reduction plants,
               (T)  primary copper smelters,
               (U)  primary lead smelters,
               (V)  primary zinc smelters,
               (W)  secondary metal production plants,
               (X)  sintering plants,
               (Y)  sulfur recovery plants,
               (Z)  taconite ore processing plants, or
               (AA)  any other stationary source category which, as of August 7, 1980, is being regulated by NSPS or NESHAP.
          (2)  A source or modification was not subject to 40 CFR Part 51, Appendix S (emission offset interpretative ruling) as in effect on January 16, 1979 and the source:
               (A)  Obtained all final federal and state construction permits before August 7, 1980;
               (B)  Commenced construction within 18 months from August 7, 1980 or any earlier time required by the State Implementation Plan; and,
               (C)  Did not discontinue construction for a period of 18 months or more and completed construction within a reasonable time.

     (b)  Secondary emissions are excluded in determining the potential to emit (see definition of "potential to emit" in 252:100-8-1.1).  However, upon determination of the Executive Director, if a source is subject to the requirements on the basis of its direct emissions, the applicable requirements must also be met for secondary emissions but the source would be exempt from the conditions of 252:100-8-52(3)(F) and 252:100-8-54(1) through 252:100-8-54(3).  Also, the indirect impacts of mobile sources are excluded.

     (c)  As specified in the applicable definitions, the requirements of Part 7 for PSD and Part 9 for nonattainment areas of this Subchapter are not applicable to a modification if the existing source was not major on August 7, 1980 unless the proposed addition to the existing minor source is major in its own right.


252:100-8-54.  Requirements for sources located in nonattainment areas
As adopted in the Oklahoma Register 06/15/1998 (15 Ok Reg 2590) effective 06/25/1998.

Error in amendatory language on page 72705 in 75 FR 72695 (November 26, 2010):
Title of section should be "Requirements for sources located in nonattainment areas"

     In the event a major source or modification would be constructed in an area designated as nonattainment for a pollutant for which the source or modification is major, approval shall be granted only if the following conditions are met:
          (1)  The new source must demonstrate that it has applied control technology which the Executive Director, on a case by case basis, determines is achievable for a source based on the lowest achievable emission rate (LAER) achieved in practice by such category of source (i.e., lowest achievable emission rate as defined in the Act).
          (2)  If the Executive Director determines that imposition of an enforceable numerical emission standard is infeasible due to technological or economic limitations on measurement methodology, a design, equipment, work practice or operational standard, or combination thereof, may be prescribed as the emission limitation rate.
          (3)  The owner or operator of the new source must demonstrate that all other major sources owned or operated by such person in Oklahoma are in compliance, or are meeting all steps on a schedule for compliance, with all applicable limitations and standards under Oklahoma and Federal Clean Air Acts.
          (4)  The owner or operator of the new source must demonstrate that upon commencing operations:
               (A)  The emissions from the proposed source and all other sources permitted in the area do not exceed the planned growth allowable for the area designated in the State Implementation Plan; or,
               (B)  The total allowable emissions from existing sources in the region and the emissions from the proposed source will be sufficiently less than the total emissions from existing sources allowed under the State Implementation Plan at the date of construction permit application so as to represent further progress toward attainment or maintenance of the ambient air quality standards in the problem area.
          (5)  The owner or operator may present with the application an analysis of alternate sites, sizes and production processes for such proposed source.

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