Oklahoma SIP: OK Regulation 1.4.5 Major Sources, Nonattainment Areas, SIP effective 1991-04-15 (OKc38) to 2010-12-26
Oklahoma SIP: OK Regulation 1.4.5 Major Sources, Nonattainment Areas, SIP effective 1991-04-15 (OKc38) to 2010-12-26
Regulatory Text:
1.4.5 Major Sources -- Nonattainment Areas
Approved by EPA 08/25/1983 (48 FR 38636) at 52.1920(c)(26) effective 08/25/1983.
Revisions approved by EPA 02/12/1991 (56 FR 05655) at 52.1920(c)(38) effective 04/15/1991.
Regulation 1.4.5 removed from SIP November 26, 2010 (75 FR 72695) effective December 27, 2010 (OKd07) OK006
Regulations.gov docket EPA-R06-OAR-2007-0314
Outline:
1.4.5 (a) Applicability
1.4.5 (b) Definitions: Restricted to Section 1.4.5
1.4.5 (c) Source Applicability Determination
1.4.5 (d) Exemptions
1.4.5 (e) Requirements for Sources Located in Nonattainment Areas
1.4.5 (a) Applicability
(1) The new source requirements of this section, in addition to the requirements of Section 1.4.2, shall apply to all major sources and major modifications affecting designated nonattainment areas as specified in (b), (c) and (d) below, and are effective upon adoption of this regulation by Oklahoma. Except that 1.4.5 requirements will not be necessary for sources required to meet the permit requirements of the United States Environmental Protection Agency under Title 40 Part 52.24 of the Code of Federal Regulations.
1.4.5 (b) Definitions: Restricted to Section 1.4.5
( 1) Major Stationary Source
(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) A major source that is major for volatile organic compounds shall be considered major for ozone.
( 2) Major Modification
(A) 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.
(B) Any net emissions increase that is significant for volatile organic compounds shall be considered significant for ozone.
(C) 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:
(a) 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;
(b) The source is approved to use under any permit issued under 40 CFR 52.21 or this Regulation No. 1.4.
(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.
(vii) Any change in source ownership.
( 3) Net Emissions Increase
(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 Commissioner has not relied on it in issuing a permit under 1.4.5, 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.
(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.
( 4) Potential to Emit - 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.
( 5) Stationary Source - any building, structure, facility or installation which emits or may emit any air pollutant subject to regulation.
( 6) Building, Structure, Facility - 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.
( 7) Installation - an identifiable piece of process equipment.
( 8) Emissions Unit - any part of a source which emits or would have the potential to emit any pollutant subject to regulation.
( 9) Construction - 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.
(10) Commence - as applied to construction of a major stationary source or major modification means 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.
(11) Necessary Preconstruction Approvals or Permits - those permits or approvals required under all applicable air quality control laws and regulations.
(12) Begin Actual Construction - 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.
(13) Lowest Achievable Emissions Rate - the control technology to be applied to a major source or modification which the Commissioner, 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).
(14) Allowable Emissions - 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 regulation allowable emissions, or
(C) The emissions rate specified as an enforceable permit condition.
(15) Secondary Emissions - 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. For the purpose of 1.4.5 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.
(16) Fugitive Emissions - those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.
(17) Actual Emissions - 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.
(18) Significant - 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:
Carbon monoxide: 100 tons per year (tpy)
Nitrogen oxides: 40 tpy
Sulfur dioxide: 40 tpy
Particulate matter: l5 tpy of PM-l0 emissions
Ozone: 40 tpy of volatile organic compounds
Lead: 0.6 tpy
(19) Reconstruction
(A) The replacement of components of an existing source to the extent that will be determined by the Commissioner based on:
(i) The fixed capital cost (the capital needed to provide all the depreciable components) of the new components exceeds 50% of the fixed capital cost of a comparable entirely new source; and,
(ii) The estimated life of the source after the replacements is comparable to the life of an entirely new source, and;
(iii) The extent to which the components being replaced cause or contribute to the emissions from the source.
(B) A reconstructed source will be treated as a new source for purposes of 1.4.5.
(20) Resource Recovery Facility - any facility at which solid waste is processed for the purpose of extracting, converting to energy, or otherwise separating and preparing solid waste for reuse. Energy conversion facilities must utilize solid waste to provide more than 50% of the heat input to be considered a resource recovery facility under 1.4.5.
1.4.5 (c) Source Applicability Determination
(1) Proposed new sources and source modifications to which these requirements are applicable are determined by size, geographical location and type of emitted pollutants:
(A) Size
(i) 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.
(ii) 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 1.4.2 and 1.4.5 shall apply to that source or modification as though construction had not yet commenced on it.
(B) Location
(i) Sources and modifications which are major in size and proposed for construction in an area which has been designated as nonattainment for any applicable ambient air 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.
(ii) In addition, the requirements of a PSD review (Part 5 of this regulation) would be applicable if any other regulated pollutant other than the nonattainment pollutant is emitted in significant amounts by that source or modification.
(C) Location in Attainment or Unclassifiable Area but Causing or Contributing to NAAQS Violation.
(i) 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:
Concentration, ug/m3
Averaging Time
Pollutant Annual 24 hr 8 hr 3 hr 1 hr
--------- ------ ----- ---- ---- ----
SO2 1.0 5 - 25 -
PM-10 l.0 5 - - -
NO2 l.0 - - - -
CO - - 500 - 2000
(ii) A proposed major source or major modification subject to 1.4.5(c)(1)(C)(i) may reduce the impact of its emissions upon air quality by obtaining sufficient emission 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.
(iii) The requirements of 1.4.5(c)(1)(C)(i) and (ii) 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.
(iv) 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.
(v) Sources locating in an attainment area but impacting on a nonattainment area above the significant levels listed in 1.4.5(c)(1)(C) are exempted from the condition of 1.4.5(c)(1)(D)(i).
(vi) The determination whether a source or modification will cause or contribute to a violation of an applicable ambient air standard for sulfur dioxide, PM-10 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.
(vii) The determination as to whether a source would cause or contribute to a violation of applicable ambient air 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.
1.4.5 (d) Exemptions
(1) Nonattainment area requirements do not apply to a particular source or modification locating in or impacting on a nonattainment area if:
(A) 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:
Coal cleaning plants (with thermal dryers),
Kraft pulp mills
Portland cement plants
Primary zinc smelters
Iron and steel mills
Primary aluminum ore reduction plants
Primary copper smelters
Municipal incinerators capable of charging more than 250 tons of refuse per day
Hydrofluoric, sulfuric or nitric acid plants
Petroleum refineries
Lime plants
Phosphate rock processing plants
Coke oven batteries
Sulfur recovery plants
Carbon black plants (furnace process),
Primary lead smelters
Fuel conversion plants
Sintering plants
Secondary metal production plants
Chemical process plants
Fossil-fuel boilers (or combination thereof) totaling more than 250 million Btu per hour heat input
Petroleum storage and transfer units with a total storage exceeding 300,000 barrels
Taconite ore processing plants
Glass fiber processing plants
Charcoal production plants
Fossil fuel-fired steam electric plant of more than 250 million BTU per hour heat input.
Any other stationary source category which, as of August 7, 1980, is being regulated by Federal New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAPS).
(B) 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:
(i) Obtained all final federal and state construction permits before August 7, 1980;
(ii) Commenced construction within 18 months from August 7, 1980 or any earlier time required by the State Implementation Plan; and
(iii) Did not discontinue construction for a period of 18 months or more and completed construction within a reasonable time.
(2) Secondary emissions are excluded in determining the potential to emit (see definition of potential to emit). However, upon determination of the Commissioner, 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 1.4.5(c)(1)(C)(vi) and 1.4.5(e)(1)(A), (B) and (C). Also, the indirect impacts of mobile sources are excluded.
(3) As specified in the applicable definitions, the requirements of 1.4.4 for PSD and 1.4.5 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 the existing minor source is major in its own right.
1.4.5 (e) Requirements for Sources Located in Nonattainment Areas
(1) 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:
(A) The new source must demonstrate that it has applied control technology which the Commissioner, 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 Federal Clean Air Act).
(B) If the Commissioner 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.
(C) 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.
(D) The owner or operator of the new source must demonstrate that upon commencing operations:
(i) 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;
(ii) 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 problem area.
(E) The owner or operator may present with the application an analysis of alternate sites, sizes and production processes for such proposed source.