Oklahoma Chapter 100, Subchapter 8. Permits for Part 70 Sources, Part 9. Major Sources Affecting Nonattainment Areas, SIP effective October 28, 2016 (OKd18) and May 11, 2020 (OKd29)
Regulatory Text:
Oklahoma Administrative Code. Title 252. Department of Environmental Quality
Chapter 100 (OAC 252:100). Air Pollution Control
SUBCHAPTER 8. PERMITS FOR PART 70 SOURCES
PART 9. MAJOR SOURCES AFFECTING NONATTAINMENT AREAS, SIP effective October 28, 2016 (OKd18) and May 11, 2020 (OKd29)
As approved by EPA September 28, 2016 (81 FR 66532) SIP effective October 28, 2016 (OKd18),
Regulations.gov docket EPA-R06-OAR-2014-0221 [OK023],
and revision to 252:100-8-51.1 approved by EPA April 10, 2020 (85 FR 20178) SIP effective May 11, 2020 (OKd29),
Regulations.gov docket EPA-R06-OAR-2018-0208 [OK029].
Sections:
In this list of sections and in the section titles below, the date is the Oklahoma effective date and the number following the date in the last digit of the EPA-R06-OAR-2014-0221-000x document ID that contains the Oklahoma submittal with the revision.
252:100-8-50. Applicability. OKd18 7/1/2009 3
252:100-8-50.1. Incorporation by reference. OKd18 7/1/2011 8
252:100-8-51. Definitions. OKd18 7/1/2011 8
252:100-8-51.1. Emission reductions and offsets. OKd18 7/1/2012 9 SIP effective October 28, 2016 (OKd18) to May 10, 2020
252:100-8-51.1. Emission reductions and offsets. OKd29 9/15/2017 [OK029.04] SIP effective May 11, 2020 (OKd29)
252:100-8-52. Applicability determination for sources in attainment areas causing or contributing to NAAQS violations. OKd18 7/1/2011 8
252:100-8-53. Exemptions. OKd18 7/1/2009 3
252:100-8-54. Requirements for sources located in nonattainment areas. OKd18 6/15/2006 4
252:100-8-54.1. Ozone and PM10 precursors. OKd18 7/1/2009 3
252:100-8-55. Source obligation. OKd18 7/1/2009 3
252:100-8-56. Actuals PALs. OKd18 7/1/2009 3
252:100-8-57. Severability. OKd18 6/15/2006 4
End list of sections
252:100-8-50. Applicability, SIP effective October 28, 2016 (OKd18) 6/1/2009 3
As adopted in the Oklahoma Register May 15, 2009 (26 Ok Reg 1161) effective July 1, 2009,
[NOT June 1, 2009 as published in the final rule Federal Register and codified in the table in 40 CFR 52.1920(c)],
submitted to EPA June 24, 2010 (OK-36),
Regulations.gov document EPA-R06-OAR-2014-0221-0003 [OK023.03] Adobe file page 397.
Approved by EPA September 28, 2016 (81 FR 66532) effective October 28, 2016 (OKd18),
Regulations.gov docket EPA-R06-OAR-2014-0221 [OK023].
(a) General applicability.
(1) The requirements of this Part shall apply to the construction of any new major stationary source or major modification which would locate in or affect a nonattainment area located in Oklahoma, designated under section 107(d)(1)(A)(i) of the Act, if the stationary source or modification is major for the pollutant for which the area is designated nonattainment.
(2) The requirements of OAC 252:100-8, Parts 1, 3, and 5 also apply to the construction of any new major stationary source or major modification.
(3) In addition, the requirements of a PSD review (OAC 252:100-8, Part 7) would be applicable if any regulated NSR pollutant other than the nonattainment pollutant is emitted in significant amounts by that source or modification.
(b) Major modification.
(1) Major modification applicability determination.
(A) Except as otherwise provided in OAC
252:100-8-50(c), and consistent with the definition of "major modification" contained in OAC 252:100-8-51, a project is a major modification for a regulated NSR pollutant if it causes two types of emissions increases:
(i) a significant emissions increase, and
(ii) a significant net emissions increase.
(B) The project is not a major modification if it does not cause a significant emissions increase. If the project causes a significant emissions increase, then the project is a major modification only if it also results in a significant net emissions increase.
(2) Calculating significant emissions increase and significant net emissions increase. The procedure for calculating whether a significant emissions increase will occur depends upon the type of emissions unite(s) being modified, according to OAC 252:100-8-50(b)(3) through (5). This is the first step in determining if a proposed modification would be considered a major modification. The procedure for calculating whether a significant net emissions increase will occur at the major stationary source is contained in the definition of "net emissions increase" in OAC 252:100-8-50.1 and 252:100-8-51. This is the second step in the process of determining if a proposed modification is a major modification. Both steps occur prior to the beginning of actual construction. Regardless of any such preconstruction projections, a major modification results if the project causes a significant emissions increase and a significant net emissions increase.
(3) Actual-to-projected-actual applicability test for projects that only involve existing emissions units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the projected actual emissions and the baseline actual emissions, as applicable, for each existing emissions unit, equals or exceeds the amount that is significant for that pollutant.
(4) Actual-to-potential test for projects that only involve construction of a new emissions unite(s). A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the potential to emit from each new emissions unit following completion of the project and the baseline actual emissions of these units before the project equals or exceeds the amount that is significant for that pollutant.
(5) Hybrid test for projects that involve multiple types of emissions units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the emissions increases for each emissions unit, using the method specified in OAC 252:100-8-50(b)(3) and (4) as applicable with respect to each emissions unit, for each type of emissions unit equals or exceeds the amount that is significant for that pollutant.
(c) Plantwide applicability limitation (PAL). Major stationary sources seeking to obtain or maintain a PAL shall comply with requirements under OAC 252:100-8-56.
***end OK OAC 252:100-8-50 SIP effective October 28, 2016 (OKd18)***x8a***
252:100-8-50.1. Incorporation by reference, SIP effective October 28, 2016 (OKd18) 7/1/2011 8
As adopted in the Oklahoma Register June 15, 2011 (28 OkReg 1199-1200) effective July 1, 2011,
submitted to EPA February 6, 2012 (OK-44),
Regulations.gov document EPA-R06-OAR-2014-0221-0008 [OK023.08] Adobe file page 151.
Approved by EPA September 28, 2016 (81 FR 66532) effective October 28, 2016 (OKd18),
Regulations.gov docket EPA-R06-OAR-2014-0221 [OK023].
(a) Inclusion of CFR citations and definitions. When a provision of Title 40 of the Code of Federal Regulations (40 CFR) is incorporated by reference, all citations contained therein are also incorporated by reference.
(b) Terminology related to 40 CFR. When these terms are used in rules incorporated by reference from 40 CFR, the following terms or definitions shall apply.
(1) "Baseline actual emissions" is synonymous with the definition of "baseline actual emissions" in OAC 252:100-8-31.
(2) "Building, structure, facility, or installation" is synonymous with the definition of "building, structure, facility, or installation" in OAC 252:100-1-3.
(3) "EPA" is synonymous with Department of Environmental Quality (DEQ) unless the context clearly indicates otherwise.
(4) "Major modification" is synonymous with the definition of "major modification" in OAC 252:100-8-51.
(5) "Net emissions increase" is synonymous with the definition of "net emissions increase" in OAC 252:100-8-51.
(6) "Regulated NSR pollutant" is synonymous with the definition of "regulated NSR pollutant" in OAC 252:100-8-51.
(7) "Reviewing authority" is synonymous with "Director".
(8) "Secondary emissions" is synonymous with the definition of "secondary emissions" in OAC 252:100-8-1.1.
(9) "State implementation plan" is synonymous with OAC 252:100.
(10) "Volatile organic compound (VOC)" is synonymous with the definition of "volatile organic compound" or "VOC" in OAC 252:100-1-3.
***end OK OAC 252:100-8-50.1 SIP effective October 28, 2016 (OKd18)***x8a***
252:100-8-51. Definitions, SIP effective October 28, 2016 (OKd18) 7/1/2011 8
As adopted in the Oklahoma Register June 15, 2011 (28 OkReg 1200-1201) effective July 1, 2011,
submitted to EPA February 6, 2012 (OK-44),
Regulations.gov document EPA-R06-OAR-2014-0221-0008 [OK023.08] Adobe file page 152.
Approved by EPA September 28, 2016 (81 FR 66532) effective October 28, 2016 (OKd18),
Regulations.gov docket EPA-R06-OAR-2014-0221 [OK023].
The definitions in 40 CFR 51.165(a)(1) are hereby Incorporated by reference as they exist on July 1, 2010, except for the definitions
found at 40 CFR 51.165(a)(1)(xxxv) "baseline actual emissions";
(ii) "building, structure, facility, or installation";
(xlv) "fixed capital cost";
(xliv) "functionally equivalent component";
(v) "major modification";
(vi) "net emissions increase";
(xliii) "process unit";
(xxxvii) "regulated NSR pollutant";
(xxxviii) "reviewing authority";
(viii) "secondary emissions";
(xlvi) "total capital investment"; and
(xix) "volatile organic compound (VOC)".
With the exception of "reviewing authority", "fixed capital cost", "functionally equivalent component", "process unit", and "total capital investment", these terms are defined in OAC 252:100-8-31, 252:100-8-51, or 252:100-1-3.
The following words and terms, when used in this Part, shall have the following meaning, unless the context clearly indicates otherwise.
"Major modification" means:
(A) Any physical change in, or change in the method of operation of, a major stationary source that would result in a significant emissions increase of a regulated NSR pollutant and a significant net emissions increase of that pollutant from the major stationary source is a major modification.
(i) Any significant emissions increase from any emissions unit or net emissions increase at a major stationary source that is significant for VOC and/or oxides of nitrogen (NOx) shall be considered significant for ozone.
(ii) A physical change or change in the method Of operation shall not include:
(I) routine maintenance, repair and replacement;
(II) use of an alternative 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 alternative fuel by reason of an order or rule under section 125 of the Act;
(IV) use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste;
(V) use of an alternative fuel or raw Material by a source which the source was capable of accommodating before December 21, 1976, unless such change would be prohibited under any federally enforceable permit condition which was established after December 21, 1976, or 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 federally enforceable permit condition which was established after December 21, 1976;
(VII) any change in source ownership;
(VIII) the installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the project complies with OAC 252:100 and other requirements necessary to attain and maintain the NAAQS during the project and after it is terminated.
(B) This definition shall not apply with respect to a particular regulated NSR pollutant when the major stationary source is complying with the requirements under OAC 252:100-8-56 for a PAL for that pollutant. Instead the definition at 40 CFR 51.165(f)(2)(viii) shall apply.
(C) For the purpose of applying the requirements of OAC 252:100-8-54.1(a) to modifications at major stationary sources of NOx located in ozone nonattainment areas or in ozone transport regions (as defined in 42 U.S.C. § 751Ic), whether or not subject to subpart 2, part D, title I of the Act, any significant net emissions increase of NOx is considered significant for ozone.
(D) Any physical change in, or change in the method of operation of, a major stationary source of VOCs that results in any increase in emissions of VOCs from any discrete operation, emissions unit, or other pollutant emitting activity at the source shall be considered a significant net emissions increase and a major modification for ozone, if the major stationary source is located in an extreme ozone nonattainment area that is subject to subpart 2, part D, title I of the Act.
"Net emissions increase" means:
(A) With respect to any regulated NSR pollutant emitted by a major stationary source, net emissions increase shall mean the amount by which the sum of the following exceeds zero:
(i) the increase in emissions from a particular physical change or change in the method of operation at a stationary source as calculated pursuant to OAC 252:100-8-50(b); and,
(ii) any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for calculating increases and decreases under (A)(ii) of this definition shall be determined as provided in the definition of "baseline actual emissions", except that (B)(iii) and (C)(iv) of that definition shall not apply.
(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:
(i) it is contemporaneous; and
(ii) the Director has not relied on it in issuing a permit under OAC 252:100-8, Part 9, 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 as a practical matter at and after the time that actual construction on the particular change begins;
(iii) the Director has not relied on it in issuing any permit under OAC 252:100; 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.
(G) Paragraph 40 CFR 51.165(a)(l)(xii)(B) of the definition of "actual emissions" shall not apply for determining creditable increases and decreases or after a change.
"Regulated NSR pollutant" for purposes of this Part means any or all of the following:
(A} Nitrogen oxides or volatile organic compounds;
(B) Any pollutant for which a NAAOS has been promulgated;
(C) Any pollutant that is identified under this paragraph as a constituent or precursor of a general pollutant listed under paragraph (A) or (B) of this definition, provided that such constituent or precursor pollutant may only be regulated under NSR as part of regulation of the general pollutant. Precursors identified by the Administrator for purposes of NSR are the following:
(i) Volatile organic compounds and nitrogen oxides are precursors to ozone in all ozone nonattainment areas
(ii) Sulfur dioxide is a precursor to PM2.5 in all PM2.5 nonattainment areas.
(iii) Nitrogen oxides are presumed to be Precursors to PM2.5 in all PM2.5 nonattainment areas unless the State demonstrates to the Administrator's satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area's ambient PM2.5 concentrations.
(iv) Volatile organic compounds and ammonia are presumed not to be precursors to PM2.5 in any PM2.5 nonattainment area, unless the State demonstrates to the Administrator's satisfaction or EPA demonstrates that emissions of volatile organic compounds or ammonia from sources in a specific area are a significant contributor to that area's ambient PM2.5 concentrations. or
(D) PM2.5 emissions and PM10 emissions, including gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. Such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM2.5 and PM10 in nonattainment major NSR permits.
***end OK OAC 252:100-8-51 SIP effective October 28, 2016 (OKd18)***x8a***
252:100-8-51.1. Emission reductions and offsets. SIP effective October 28, 2016 (OKd18) 7/1/2012 9 to May 10, 2020.
As adopted in the Oklahoma Register May 15, 2012 (29 Ok Reg 620) effective July 1, 2012,
submitted to EPA January 18, 2012 (OK-46),
Regulations.gov document EPA-R06-OAR-2014-0221-0009 [OK023.09] Adobe file page 263.
Approved by EPA September 28, 2016 (81 FR 66532) effective October 28, 2016 (OKd18),
Regulations.gov docket EPA-R06-OAR-2014-0221 [OK023].
(a) The requirements in 40 CFR 51.165(a)(3) regarding emissions reductions and offsets are hereby incorporated by reference as they exist on July 2, 2007.
(b) The requirements in subsection 40 CFR 51.165(a)(9) dealing with offset ratios are hereby incorporated by reference as they exist on July 1, 2010.
(c) The requirements in 40 CFR 51.165(a)(11) regarding emission offsets are hereby incorporated by reference as they exist on July 1, 2010.
***end OK OAC 252:100-8-51.1 SIP effective October 28, 2018 (OKd18) to May 10, 2020***x8a***
252:100-8-51.1. Emissions reductions and offsets, SIP effective May 11, 2020 (OKd29) 9/15/2017 [OK029.04]
As adopted in the Oklahoma Register September 1 2017 (34 OkReg 1173) effective September 15, 2017.
Submitted to EPA January 8, 2018,
Regulations.gov document EPA-R06-OAR-2018-0208-0004 [OK029.04] Adobe file page 207.
Approved by EPA April 10, 2020 (85 FR 20178) SIP effective May 11, 2020 (OKd29),
Regulations.gov docket EPA-R06-OAR-2018-0208 [OK029]
(a) The requirements in 40 CFR 51.165(a)(3) regarding emissions reductions and offsets are hereby incorporated by reference as they exist on July 2, 2007.
(b) The requirements in subsection 40 CFR 51.165(a)(9) dealing with offset ratios are hereby incorporated by reference as they exist on July 1, 2010.
(c) The requirements in 40 CFR 51.165(a)(11) regarding emission offsets are hereby incorporated by reference as they exist on April 6, 2015.
***end OAC 252:100-8-51.1 SIP effective May 11, 2020 (OKd29)***b11***
252:100-8-52. Applicability determination for sources in attainment areas causing or contributing to NAAQS violations, SIP effective October 28, 2016 (OKd18) 7/1/2011 8
As adopted in the Oklahoma Register June 15, 2011 (28 OkReg 1202) effective July 1, 2011,
submitted to EPA February 6, 2012 (OK-44),
Regulations.gov document EPA-R06-OAR-2014-0221-0008 [OK023.08] Adobe file page 154.
Approved by EPA September 28, 2016 (81 FR 66532) effective October 28, 2016 (OKd18),
Regulations.gov docket EPA-R06-OAR-2014-0221 [OK023].
(a) The requirements in 40 CFR 51.165(b) regarding a source located in an attainment or unclassifiable area but causing or contributing to a NAAQS violation are hereby incorporated by reference as they exist on December 20,2010.
(b) Sources of VOC 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.
(c) Sources locating in an attainment area but impacting on a nonattainment area above the significant levels listed in OAC 252:100-8-52(a) are exempted from the condition of OAC 252:100-8-54(4)(A).
(d) 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.
(e) 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.
***end OK OAC 252:100-8-52 SIP effective October 28, 2016 (OKd18)***x8a***
252:100-8-53. Exemptions, SIP effective October 28, 2016 (OKd18) 7/1/2009 3
As adopted in the Oklahoma Register May 15, 2009 (26 Ok Reg 1164) effective July 1, 2009
[NOT June 1, 2009 as published in the final rule Federal Register and codified in the table in 40 CFR 52.1920(c)],
submitted to EPA June 24, 2010 (OK-36),
Regulations.gov document EPA-R06-OAR-2014-0221-0003 [OK023.03] Adobe file page 400.
Approved by EPA September 28, 2016 (81 FR 66532) effective October 28, 2016 (OKd18),
Regulations.gov docket EPA-R06-OAR-2014-0221 [OK023].
(a) The requirements in 40 CFR 51.165(a)(4) regarding exemption of fugitive emissions in determining if a source or modification is major are hereby incorporated by reference as they exist on July 2, 2007.
(b) Nonattainment area requirements do not apply to a particular source or modification locating in or impacting on a nonattainment area if the source or modification was not subject to 40 CFR Part 51, Appendix S (emission offset interpretative ruling) as it existed on January 16, 1979, and the source:
(1) obtained all final federal and state constriction permits before August 7,1980;
(2) commenced construction within 18 months from August 7, 1980, or any earlier time required by the State Implementation Plan; and,
(3) did not discontinue construction for a period of 18 months or more and completed construction within a reasonable time.
(c) Secondary emissions are excluded in determining the potential to emit. However, upon determination of the 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 OAC 252:100-8-52(d) and 252:100-8-54(1) through 252:100-8-54(3). Also, the indirect impacts of mobile sources are excluded.
(d) 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.
***end OK OAC 252:100-8-53 SIP effective October 28, 2016 (OKd18)***x8b***
252:100-8-54. Requirements for sources located in nonattainment areas, SIP effective October 28, 2016 (OKd18) 6/15/2006 4
As adopted in the Oklahoma Register June 1, 2006 (23 Ok Reg 1729) effective June 15, 2006,
submitted to EPA July 16, 2010 (OK-38),
Regulations.gov document EPA-R06-OAR-2014-0221-0004 [OK023.04] Adobe file page 251.
Approved by EPA September 28, 2016 (81 FR 66532) effective October 28, 2016 (OKd18),
Regulations.gov docket EPA-R06-OAR-2014-0221 [OK023].
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 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 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.
***end OK OAC 252:100-8-54 SIP effective October 28, 2016 (OKd18)***x88***
252:100-8-54.1. Ozone and PM10 precursors, SIP effective October 28, 2016 (OKd18) 7/1/2009 3
As adopted in the Oklahoma Register May 15, 2009 (26 Ok Reg 1164) effective July 1, 2009
[NOT June 1, 2009 as published in the final rule Federal Register and codified in the table in 40 CFR 52.1920(c)],
submitted to EPA June 24, 2010 (OK-36),
Regulations.gov document EPA-R06-OAR-2014-0221-0003 [OK023.03] Adobe file page 400.
Approved by EPA September 28, 2016 (81 FR 66532) effective October 28, 2016 (OKd18),
Regulations.gov docket EPA-R06-OAR-2014-0221 [OK023].
(a) Ozone. The requirements of Part 9 of OAC 252:100-8 applicable to major stationary sources and major modifications of VOCs shall apply to NOX emissions from major stationary sources and major modifications of NOX in an ozone transport region (as defined in 42 U.S.C.§7511c) or in any ozone nonattainment area, except in ozone nonattainment areas or in portions of an ozone transport region where the Administrator has granted a NOX waiver applying the standards set forth under section 182f of the Act and the waiver continues to apply.
(b) PM-10 precursors. The requirements of Part 9 of OAC 252:100-8 applicable to major stationary sources and major modifications of PM-10 shall also apply to major stationary sources and major modifications of PM-10 precursors, except where the Administrator determines that such sources do not contribute significantly to PM-10 levels that exceed the PM-10 ambient standards in the area.
***end OK OAC 252:100-8-54.1 SIP effective October 28, 2016 (OKd18)***x8b***
252:100-8-55. Source obligation, SIP effective October 28, 2016 (OKd18) 7/1/2009 3
As adopted in the Oklahoma Register May 15, 2009 (26 Ok Reg 1164) effective July 1, 2009
[NOT June 1, 2009 as published in the final rule Federal Register and codified in the table in 40 CFR 52.1920(c)],
submitted to EPA June 24, 2010 (OK-36),
Regulations.gov document EPA-R06-OAR-2014-0221-0003 [OK023.03] Adobe file page 400.
Approved by EPA September 28, 2016 (81 FR 66532) effective October 28, 2016 (OKd18),
Regulations.gov docket EPA-R06-OAR-2014-0221 [OK023].
(a) Construction permits required. An owner or operator shall obtain a construction permit prior to commencing construction of a new major stationary source or major modification.
(b) Responsibility to comply and the consequences of relaxation of permit conditions. The requirements in 40 CFR 51.165(a)(5) regarding the responsibility to comply with applicable local State or Federal law and the consequences of becoming a major source by virtue of a relaxation in any enforcement limitation are hereby incorporated by reference as they exist on July 2, 2007.
(c) Requirements when using projected actual emissions.
(1) The specific provisions in 40 CFR 51.165(a)(6)(i) through (v) (as they exist on July 2, 2007) shall apply to projects at existing emissions units at a major stationary source (other than projects at a source with a PAL) when the owner or operator elects to use the methods specified in the definition of "projected actual emissions" at 40 CFR 51.165(a)(1)(xxviii)(B)(1) through (3) for calculating projected actual emissions.
(2) The requirements in 40 CFR 51.165(a)(6)(i) through (v) are hereby incorporated by reference as they existed exist on July 2, 2007.
(d) Availability of information. The requirements in 40 CFR 51.165(a)(7) regarding availability of information required to document the use of projected actual emissions for determining if a project is a major modification are hereby incorporated by reference as they exist on July 2, 2007.
***end OK OAC 252:100-8-55 SIP effective October 28, 2016 (OKd18)***x8b***
252:100-8-56. Actuals PAL, SIP effective October 28, 2016 (OKd18) 7/1/2009 3
As adopted in the Oklahoma Register May 15, 2009 (26 Ok Reg 1165) effective July 1, 2009
[NOT June 1, 2009 as published in the final rule Federal Register and codified in the table in 40 CFR 52.1920(c)],
submitted to EPA June 24, 2010 (OK-36),
Regulations.gov document EPA-R06-OAR-2014-0221-0003 [OK023.03] Adobe file page 401.
Approved by EPA September 28, 2016 (81 FR 66532) effective October 28, 2016 (OKd18),
Regulations.gov docket EPA-R06-OAR-2014-0221 [OK023].
The requirements in 40 CFR 51.165(f) regarding actuals PAL except for the terminology contained in OAC 252:100-8-50.1(b), are hereby incorporated by reference as they exist on July 2, 2007.
***end OK OAC 252:100-8-56 SIP effective October 28, 2016 (OKd18)***x8b***
252:100-8-57. Severability, SIP effective October 28, 2016 (OKd18) 6/15/2006 4
As adopted in the Oklahoma Register June 1, 2006 (23 Ok Reg 1730) effective June 15, 2006,
submitted to EPA July 16, 2010 (OK-38),
Regulations.gov document EPA-R06-OAR-2014-0221-0004 [OK023.04] Adobe file page 252.
Approved by EPA September 28, 2016 (81 FR 66532) effective October 28, 2016 (OKd18),
Regulations.gov docket EPA-R06-OAR-2014-0221 [OK023].
If any provision of this Part, or the application of such provision to any person or circumstance, is held invalid, the remainder of this Part, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
***end OK OAC 252:100-8-57 SIP effective October 28, 2016 (OKd18)***x88***
***end OK OAC 252:100 Subchapter 8 Part 9 SIP effective as of May 11, 2020 (OKd29)***b11***d6t***