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Oklahoma SIP: OK Regulation 1.4.1 General Permit Requirements, SIP effective 1991-09-23 (OKc41) to 2009-02-26

Regulatory Text:
1.4.1  General Permit Requirements

(Approved by EPA 08/25/1983 (48 FR 38636) at 52.1920(c)(26) effective 08/25/1983.  Revisions approved by EPA
04/02/1984 (49 FR 13039) at 52.1920(c)(29) effective 05/02/1984 and
07/23/1991 (56 FR 33717) at 52.1920(c)(41) effective 09/23/1991.)

1.4.1  (a)  Scope and Purpose
1.4.1  (b)  General Requirements
1.4.1  (c)  Necessity to Obtain Permit
1.4.1  (d)  Permit fees

1.4.1  (a)  Scope and Purpose
            (1)  Pursuant to the Oklahoma Clean Air Act as amended, this regulation is adopted to define Air Resource Management Requirements to protect and enhance Oklahoma Clean Air Resources and assure attainment/ maintenance of the ambient air quality through the utilization of a construction/operation permit system.

1.4.1  (b)  General Requirements
            (1)  The Air Quality Service shall operate for the State of Oklahoma a dual permitting system for all new stationary/portable facilities/sources to be established in Oklahoma.  A permit to construct is issued upon a determination by the Commissioner that the new source is so designed as to assure that the emission limitations of the several control regulations will be met.  A permit to operate is issued after construction is completed and upon demonstration that the source was constructed as designed and the facility does meet the requirements of the permit and the control regulations.  Relocation permits may be issued to portable sources determined to be operating in compliance with any permit or applicable control regulations.  Permitees may request modification to existing permits by submission of an application to modify.  Special temporary or Research/Experimental permits may be obtained for operation at static conditions for short periods of time; modifications may be made or a new permit issued upon re-application prior to operation under new or changed conditions.  All operating permits, for sources having emissions above de minimis levels under Section 1.4.1(c)(4)(C)(i) including those issued prior to the effective date of this subsection, shall be for the term of one year, renewable annually as provided herein.  (Amended effective 06-04-90)

NOTE TO READER: "Section 1.4.1(c)(4)(C)(i)" in the above is reference to a section not in the SIP.  It is unclear what the text of the section was when the revision to section 1.4.1(b)(1) was approved into the SIP or what the section is in the current codification.

1.4.1  (c)  Necessity to Obtain Permit
            (1)  Permits are required when the addition of a new source, or modification of an existing source, results in a net increase in air contaminant emissions as the Commissioner determines appropriate.  
            (2)  Transfer of a source to a new owner or operator is not considered an increase in emissions and does not require new permits.
            (3)  Upon the effective date of this subsection, no permit shall be required for any new or modified source when it can be shown to the satisfaction of the Commissioner that:
                 (A)  NOT IN SIP
                 (B)  Emissions of toxics will not exceed the de minimis requirements set forth under Regulation 3.8.4(i)(1)(E), and
                 (C)  The new source or modification is not subject to a New Source Performance Standard (NSPS) or National Emission Standards for Hazardous Air Pollutants (NESHAP) in effect at the time.  (Amended effective 06-04-90)

1.4.1  (d)  Permit fees
            (1)  The applicant for a permit to construct, operate or relocate will attach a check or money order in the amount of thirty-five dollars ($35.00) as an initial processing fee.
            (2)  After evaluation and prior to issuance of the construction permit, an additional fee will be charged and collected in accordance with the following schedule
                 (A)  Each major source operation - $300.00
                 (B)  Each minor source operation - no fee
                 (C)  Relocation permit - no fee
            (3)  Fees will be paid by check or money order (no cash will be accepted) made payable to the reviewing agency, e.g., Oklahoma State Department of Health, Air Quality Service.