Oklahoma OAC 252 Chapter 100. Air Pollution Control, Subchapter 7. Permits for Minor Facilities, Part 1. General Provisions, UPDATEDTED WITH REVISIONS SIP effective August 3, 2026 (OKd40) 300781
Regulatory Text:
Oklahoma Administrative Code. Title 252. Department of Environmental Quality
Chapter 100. Air Pollution Control (OAC 252:100)
SUBCHAPTER 7. PERMITS FOR MINOR FACILITIES (OAC 252:100-7)
PART 1. GENERAL PROVISIONS
As approved by EPA July 2, 2026 (91 FR 40409) SIP effective August 3, 2026 (OKd40)
Regulations.gov docket EPA-R06-OAR-2004-0031
Sections:
252:100-7-1. Purpose OKd21
252:100-7-1.1. Definitions OKd40
252:100-7-2. Requirement for permits for minor facilities OKd40
252:100-7-1. Purpose OKd21
As adopted in the Oklahoma Register 06/15/1998 (15 Ok Reg 2590) effective 06/25/1998,
submitted to EPA February 14, 2002 (OK-25),
Approved by EPA May 15, 2017 (82 FR 22281) SIP effective June 14, 2017 (OKd21),
Regulations.gov docket EPA-R06-OAR-2007-0989 [OK007]
Explanation: no explanation
This Subchapter sets forth permit application fees and the basic substantive requirements for permits for minor facilities.
***end OK OAC 252:100-7-1 SIP effective June 14, 2017*OKd21***x8b***c9t***
252:100-7-1.1. Definitions OKd40
Revisions to OAC 252:100-7-1.1, Definitions, As adopted by ODEQ June 21, 2022, effective September 15, 2022, submitted to EPA May 30, 2025.
Approved by EPA July 2, 2026 (91 FR 40409) SIP effective August 3, 2026 (OKd40)
Regulations.gov docket EPA-R06-OAR-2004-0031
Explanation: no explanation
The following words and terms when used in this Subchapter shall have the following meaning unless the context clearly indicates otherwise:
"Actual emissions" means the total amount of any regulated air pollutants actually emitted from a given facility during a particular calendar year, determined using methods contained in 252:100-5-2.1(d).
"Administrative complete" means an application that provides:
(A) All information required under OAC 252:100-7-15(c) and 252:100-7-18(c);
(B) A landowner affidavit as required by OAC 252:4-7-13(b);
(C) The appropriate application fees as required by OAC 252:100-7-3; and
(D) Valid certification by the applicant.
"Best Available Control Technology" or "BACT" means the best control technology that is currently available as determined by the Director on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs.
"Commence" means, as applied to the construction or modification of a minor facility to which neither a NSPS or NESHAP applies, 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.
"De minimis facility" means a facility that meets the requirements contained in paragraphs (A) and (B) of this definition.
(A) All of the air pollutants emitting activities at the facility are on the de minimis list contained in Appendix H or the ficility meets all of the following de minimis criteria:
(i) The facility has actual emissions of 5 TPY or less of each regulated air pollutant, except that fraction of particulate matter that exhibits an aerodynamic paarticulate diameter of more than 10 micrometers (um
(ii) The facility is not a "major source" as defined in 252:100-8-2.
(iii) The facility is not a "major stationary source" as defined in 252:100-8-31 for facilities in attainment areas.
(iv) The facility is not a "major stationary source" as defined in 252:100-8-51 for facilities in nonattainment areas.
(v) The facility is not operated in conjunction with another facility or source that is subject to air quality permitting.
(vi) The facility has not opted to obtain or retain an Air Quality Division permit.
(B) The facility is not subject to the Federal NSPS (40 CFR Part 60) or the Federal NESHAP (40 CFR Parts 61 and 63).
"Emergency engine" means a stationary engine used to resume essential operations or ensure safety during sudden and unexpected occurences including but not limited to loss of electrical power, fire, and/or flood.
"Facility" means all of the pollutant-emitting activities that meet all the following conditions:
(A) Are under common control.
(B) Are located on one or more contiguous or adjacent properties.
(C) Have the same two-digit primary SIC Code (as described in the Standard Industrial Classification Manual, 1987).
"Federally Enforceable State Operating Permit" or
"FESOP" means an operating permit issued under Subchapter 7
of this Chapter, including operating permits issued the
provisions of 252:4-7-33(a)(2). as such, for the purposes of
this subchapter, "FESOP" and "operating permit" are synonymous.
"FESOP Enhanced NSR process" means a process
under which the evaluation of requirements applicable under
NSR is integrated with a determination of procedural and compliance
requirements under the DEQ's FESOP program. This
process is only available for facilities already operating under
a FESOP permit. Under a FESOP enhanced NSR process, the
30-day public and EPA review period of a draft NSR permit is
integrated with the review of the draft FESOP modification,
and results in the issuance of a monor source construction
permit whose applicable FESOP implications have also been
reviewed. Later the requirements of the construction permit
may be incorporated into a modified FESOP using the minor
source operating permit modification process, without further
public or EPA review, as authorized in OAC 252:4-7-13(g)(9)
and OAC 252:100-7-18(f).
"Gasoline dispensing facility" means any stationary
facility which dispenses gasoline into the fuel tank of a motor
vehiclek, motor vehicle engine, nonroad vehicle, or nonroad
engine, including a nonroad vehicle or nonroad engine used
solely for competition. These facilities include, but are not limited
to, facilities that dispense gasoline into on- and off-road
streetm or highway motor vehicles, lawn equipment, boats, test
engines, landscaping equipmnet, generators, pumps, and other
gasoline-fueled engines and equipment, as these terms are used
in 40 CFR Part 63 Subpart CCCCCC.
"Hazardous Air Pollutant" or "HAP" means any hazardous air pollutant regulated under Section 112 of the federal Clean Air Act, 42 U.S.C. Section 7412, and subject to NESHAP.
"Minor facility" means a facility which is not a Part 70 source.
"National Emission Standards for Hazardous Air Pollutants" or "NESHAP" means those standards as published by the Administrator of the U.S. Environmental Protection Agency (EPA) pursuant to Section 112 of the Federal Clean Air Act, 42 U.S.C. Section 7412.
"New Portable source" means a portable source that has
never operated within the State of Oklahoma. This includes
sources that are initially constructed and existing facilities that
are relocating into Oklahoma from another state.
"New Source Performance Standards" or "NSPS"
means those standards found in 40 CFR Part 60.
"Permit exempt facility" means a facility that:
(A) has actual emissions in every calendar year that
are 40 TPY or less of each regulated air pollutant;
(B) is not a de minimis facility as defined in OAC 252:100-7-1.1;
(C) is not a "major source" as defined in
OAC 252:100-8-2 for Part 70 sources;
(D) is not a "major stationary source" as defined in
OAC 252:100-8-31 for PSD facilities in attainment areas;
(E) is not a "major stationary source" as defined
in OAC 252:100-8-51 for facilities in nonattainment areas;
(F) is not operated in conjunction with another
facility or source that is subject to air quality permitting;
(G) is not subject to an emission standard, eqipment
standard, or work practice standard in the Federal
NSPS (40 CFR Part 60) or the Federal NESHAP
(40 CFR Parts 61 and 63; and
(H) is not subject to the requirements of
OAC 252:100-39-47.
"Portable source" means a source with design and
intended use to allow disssembly or relocation.
"Relocate" means to move a source from one geographical location to another. The term does not include minimal moves within the facility boundaries.
"Regulated air pollutant" means any substance or
group of substances listed in Appendix P of this Chapter, or
any substance regulated as an air pollutant under any federal
regulation for which the Department has been given authority,
or any other substance for which an air emission limitation or
equipment standard is set by an enforceable permit.
DELETE "Regulated Air Pollutant" Replaced by Chapter 100 Appendix P ?????
(A) Any Volatile Organic Compound (VOC), as that term is defined in 252:100-1-3, 252:100-37-2, or 252:100-39-2.
(B) Any pollutant regulated under section 111 or 112 (except 112(r)) of the Federal Clean Air Act.
(C) Any pollutant for which a national primary ambient air quality standard has been promulgated under the Federal Clean Air Act.
(D) Any Toxic Air Contaminant as defined and regulated under 252:100-41-2.
(E) Any other substance for which an air emission limitation or equipment standard is set by permit or rule.
END DELETE
"Replacement unit" means an emissions unit for which
all the criteria listed in paragraphs (A) through (D) of this
definition are met.
(A) The emissions unit is a reconstructed unit
within the meaning of 40 C.F.R. Section 60.15(b)(1),
the emissions unit is a reconstructed unit within the
meaning of paragraph (1) in the definition of
"Reconstruction" in 40 C.F.R Section 63.2, or the emissions
unit completely takes the place of an existing emissions unit.
(B) The emissions unit is identical to or functionally
equivalent to the replaced emissions unit.
(C) The replacement unit does not alter the basic
design parameter(s) of the process unit.
(D) The replaced emissions unit is permanently
removed from the source, otherwise permanently
disabled, or permanently barred from operating by a
permit that is enforceable as a practical matter. If the
replaced emissions unit is brought back into operation,
it shall constitute a new emissions unit.
"Traditional NSR process" means a process under
which the evaluation of requirements applicable under NSR is
performet infependently of the determination of procedural
and compliance requirements under the FESOP program. This
process is required for facilities that have not yet received a
FESOP, but it may also be used (as an alternative to the FESOP
Enhanced NSR process) for facilities that have already
received a FESOP. The traditional NSR process provides a
30-day public and EPA review period on the draft construction
(NSR) permit, as described in OAC 252:100-7-17 and OAC 252:4-7.
This process is independent of the subsequent application.
review, and issuance process for the source's initial or
modified FESOPO that also includes a 30-day public and EPA
review period, as described in OAC 252:100-7-18 and OAC 252:4-7.
***end OK OAC 252:100-7.1.1 SIP effective August 3, 2026 (OKd40)***fx29***
252:100-7-2. Requirement for permits for minor facilities OKd40
Revisions to OAC 252:100-7-2, Requirement for permits for minor facilities, As adopted by ODEQ June 21, 2022, effective September 15, 2022, submitted to EPA May 30, 2025.
Approved by EPA July 2, 2026 (91 FR 40409) SIP effective August 3, 2026 (OKd40)
Regulations.gov docket EPA-R06-OAR-2004-0031
Explanation: no explanation
(a) Permit required. Except as provided in OAC 252:100-7-2 and OAC 252:100-18(b),
no person may commence construction or modification of any minor facility, may
operate any new minor facility, or may relocate any minor
portable source without obtaining a permit from the DEQ. For
additional application and permitting procedures, see OAC 252:4, Subchapter 7, Environmental Permit Process.
(b) Exceptions.
(1) De minimis facilities. De minimis facilities are |
exempted from the permitting requirements of OAC 252:100-7.
De minimis facilities remain subject only to the following air quality control
(A) De minimis facilities must comply with OAC 252:100-7. Open Burning.
(B) With the exception of those de minimis cotton
gin facilities or grain, feed or seed facilities that
comply with the requirements of 252:100-23, Control
of Emissions from Cotton Gins or 252:100-24, Particulate
Matter Emissions from Grain, Feed or Seed
Operations, de minimis facilities remain subject co
OAc 252:100-25, Visible Emissions and Particulates.
(C) With the exception of those de minimis cotton
gin facilities or grain, feed or seed facilities that
comply with the requirements of 252:100-23, Control
of Emissions from Cotton Gins or 252:100-24, Particulate
Matter Emissions from Grain, Feed or Seed
Operations, de minimis facilities remain subject to
OAC 252:100-29, Control o Fugitive Dust.
(D) De minimis facilities must comply with
OAC 252:100-42 Control of Toxic Air Contaminants.
(E) De minimis facilities must comply with
252:100-5, Registration, Emission Inventory and
Annual Operating Fees.
(2) Permit exempt facilities. Permit exempt facilities
are exempted from the permitting requirements of
OAC 252:100-7. Permit exempt facilities remain subject to all
other applicable State and Federal air quality control rules
and standards.
(3) Emergency engines at resedential and school
facilities. Primary and secondary schools and single family
residences with an emergency engine are exempted from
the permitting requirements of OAC 252:100-7.
(4) Gasoline dispensing facilities with throughput of
less than 100,000 gallons per month. Gasoline dispensing
facilities in compliance with 40 CFR Part 63 Subpart
CCCCCC, and whose primary or only obligation to obtain
a permit is due to the construction (installation) and/or
operation of a gasoline dispersing facility, with throughput
of less than 100,000 gallons per month on a rolling annual
average are exempt from the permitting requirements of
OAC 252:100-7.
(5) Construction Activities Prior to Issuance of a
Minor NSR (Construction) Permit. After the submission
of an administratively complete minor NSR construction
permit application, but prior to the issuance of the
corresponding construction permit, an applicant may begin
construction up to, but not including, make any new,
modified, or reconstructed unit operational such that it has
the ability to emit any regulated air pollutant. The applicant
assumes the risk of losing any investment it make
toward inplementing such construction prior to the
issuance of a construction permit authorizing the construction.
DEQ retains the authority to deny the permit application
without consideration of and regardless of any investment
the applicant has made prior to permit issuance. This
paragraph does not serve as authorization by DEQ of the
requested construction. In addition , this exception does
not exempt the owner or operator from any applicable
requirements under fedetal rules (e.g., NSPS or NESHAP)
or state-only regulations.
(c) Permit application.
(1) All applications shall be signed by the applicant.
(2) The signature on an application for a permit shall
constitute an implied agreement that the applicant shall
be responsible for assuring construction or operation, as
applicable, in accordance with the application and OAC 252:100.
(3) Any applicant who fails to submit any relevant facts
or who has submitted incorrect information in a permit
application shall, upon becoming aware of such failure or
incorrect submittal, submit such supplementary facts or
corrected information within 30 days unless the applicant's
request for more time has been approved by the DEQ. In
addition, an applicant shall provide additional information
as necessary to address any requirements that become
applicable to the source after the date it filed a complete
application but prior to release of the draft permit.
(d) Applicability determination. Upon written request
along with the required fee and any relevant information
needed, the DEQ will make a determination of whether a
permit is required.
(e) Change in permit status. The owner or operator of a
permitted facility may at any time notify the DEQ that the facility:
(1) Is de minimis, requesting termination of the permit, or
(2) Qualifies for either a permit by rule or a general
permit, submitting the appropriate application for such permit.
(f) Transfer of permit. The transfer of ownership of a
stationary source or a facility is an administrative amendment
that shall subject the new owner or operator to existing permit
conditions and/or compliance schedules. A new permit
is not required. The transferor shall notify the DEQ using a
prescribed form no later than 30 days following the change in
ownership.
(g) Emission calculation methods. The methods in
OAC 252:100-5-2.1(d) shall be used when calculating regulated
air pollutant emission rates for purposes of determining if
a DEQ-issued air quality permit is required or what type of
permit is required.
***end OK OAC 252:100-7-2 SIP effective August 3, 2026 (OKd40)***fx30***
***end OK OAC 252:100 Subchapter 7 Part 1 SIP effective August 3, 2026 (OKd40)***fx30***