TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY CHAPTER 100. AIR POLLUTION CONTROL

Transcription

1 Codification through the 2017 legislative session. Subchapters 1, 2, 8 and Appendix Q Board adoption - November 9, 2016 Subchapter 7 Board adoption - February 17, 2017 Approved by Governor's declaration on June 13, 2017 Effective date - September 15, 2017 TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY CHAPTER 100. AIR POLLUTION CONTROL Subchapter Section 1. General Provisions : Incorporation by Reference : Air Quality Standards and Increments : New Source Performance Standards [REVOKED] : Registration, Emission Inventory and Annual Operating Fees : Permitting [REVOKED] : Permits for Minor Facilities : Permits for Part 70 Sources and Major New Source Review (NSR) Sources : Excess Emission Reporting Requirements : Alternative Emissions Reduction Plans and Authorizations : Open Burning : Motor Vehicle Pollution Control Devices [REVOKED] : Incinerators : Control of Emission of Particulate Matter : Particulate Matter Emissions From Wood-Waste Burning Equipment [REVOKED] : Control of Emissions From Cotton Gins : Particulate Matter Emissions from Grain, Feed or Seed Operations : Visible Emissions and Particulates : Particulate Matter Emissions From Industrial and Other Processes and Operations [REVOKED] : Control of Fugitive Dust : Control of Emission of Sulfur Compounds : Control of Emission of Nitrogen Oxides : Control of Emission of Carbon Monoxide : Control of Emission of Volatile Organic Compounds (VOCs) : Emission of Volatile Organic Compounds (VOCs) in Nonattainment Areas and Former Nonattainment Areas : Control of Emission of Friable Asbestos During Demolition and Renovation Operations : Control of Emission of Hazardous Air Pollutants and Toxic Air Contaminants [REVOKED] : Control of Toxic Air Contaminants : Testing, Monitoring and Recordkeeping :

2 45. Monitoring of Emissions [REVOKED] : Control of Emissions from Existing Municipal Solid Waste Landfills : Appendix A. Allowable Particular Matter Emission Rate for Incinerators Appendix B. Allowable Emissions for Incinerators with Capacities less than 100 lb/hr [REVOKED] Appendix C. Allowable Particulate Matter Emission Rates for Indirectly Fired Fuel-Burning Units Appendix D. Allowable Particulate Matter Emission Rates for Indirectly Fired Wood Fuel- Burning Units Appendix E. Primary Ambient Air Quality Standards Appendix F. Secondary Ambient Air Quality Standards Appendix G. Allowable Particulate Matter Emission Rates for Directly Fired Fuel-Burning Units and Industrial Process Appendix H. De Minimis Facilities Appendix I. Insignificant Activities (Registration) List Appendix J. Trivial Activities (De Minimis) List Appendix K. Average Daily Nitrogen Oxides Emissions Appendix L. PM-10 Emission Factors for Permit by Rule for Grain Elevators Appendix M. Emission Limits for Hospital/Medical/Infectious Waste Incinerators (HMIWI) Appendix N. Specialty Coatings VOC Content Limits Appendix O. Toxic Air Contaminants (TAC) Maximum Acceptable Ambient Concentrations (MAAC) Appendix P. Regulated Air Pollutants (RAP) Appendix Q. Incorporation by Reference 2

3 SUBCHAPTER 1. GENERAL PROVISIONS Section 252: Purpose 252: Statutory definitions 252: Definitions 252: Units, abbreviations and acronyms 252: Purpose This Subchapter provides definitions of words and phrases used in Chapter 100. The definitions contained in the Oklahoma Clean Air Act, under which this regulation is promulgated, shall also apply. The Subchapter also contains a list of commonly used units with their abbreviations and a list of commonly used acronyms. 252: Statutory definitions The definitions contained in the Oklahoma Environmental Quality Code at 27A O.S. Sections and (2002) under which this Chapter is promulgated, shall apply for the following terms. (1) air contaminants, (2) air pollution, (3) council, (4) department, (5) director, (6) Executive Director, and (7) person. 252: Definitions The following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise or unless defined specifically for a Subchapter, section, or subsection in the Subchapter, section, or subsection. "Act" means the Federal Clean Air Act, as amended, 42 U.S.C et seq. "Administrator" means, unless specifically defined otherwise, the Administrator of the United States Environmental Protection Agency (EPA) or the Administrator's designee. "Air contaminant source" means any and all sources of emission of air contaminants (pollutants), whether privately or publicly owned or operated, or person contributing to emission of air contaminants. Without limiting the generality of the foregoing, this term includes all types of business, commercial and industrial plants, works, shops and stores, heating and power plants or stations, buildings and other structures of all types. "Air pollution abatement operation" means any operation which has as its essential purpose a significant reduction in: (A) the emission of air contaminants, or (B) the effect of such emission. "Air pollution episode" means high levels of air pollution existing for an extended period (24 hours or more) of time which may cause acute harmful health effects during periods of atmospheric stagnation, without vertical or horizontal ventilation. This occurs when there is a high pressure air mass over an area, a low wind speed and there is a temperature inversion. Other factors such as humidity may also affect the episode conditions. 3

4 "Ambient air standards" or "Ambient air quality standards" means levels of air quality as codified in OAC 252: "Atmosphere" means the air that envelops or surrounds the earth. "Best available control technology" or "BACT" means the best control technology that is currently available as determined by the Division Director on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs of alternative control systems. "Building, structure, facility, or installation" means: (A) 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. (B) notwithstanding the provisions of subparagraph (A), for onshore activities under Standard Industrial Classification (SIC) Major Group 13: Oil and Gas Extraction, all of the pollutant-emitting activities included in Major Group 13 that 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 adjacent if they are located on the same surface site; or if they are located on surface sites that are located within 1 4 mile of one another (measured from the center of the equipment on the surface site) and they share equipment. Shared equipment includes, but is not limited to, produced fluids storage tanks, phase separators, natural gas dehydrators, or emissions control devices. Surface site, as used in this definition, has the same meaning as in 40 CFR "Carbon dioxide equivalent emissions" or "CO 2 e" means an amount of GHG emitted, and shall be computed by multiplying the mass amount of emissions, for each of the six greenhouse gases in the pollutant GHG, by the gas' associated global warming potential (GWP) published in Table A-1 to subpart A of 40 CFR Part 98 - Global Warming Potentials, and summing the resultant value for each to compute a CO 2 e. "Catalytic cracking unit" means a unit composed of a reactor, regenerator and fractionating towers which is used to convert certain petroleum fractions into more valuable products by passing the material through or commingled with a bed of catalyst in the reactor. Coke deposits produced on the catalyst during cracking are removed by burning off in the regenerator. "Combustible materials" means any substance which will readily burn and shall include those substances which, although generally considered incombustible, are or may be included in the mass of the material burned or to be burned. "Commence" means, unless specifically defined otherwise, that the owner or operator of a facility to which neither a NSPS or NESHAP applies has begun the construction or installation of the emitting units on a pad or in the final location at the facility. "Commencement of operation" or "commencing operation" means the owner or operator of the stationary source has begun, or caused to begin, emitting a regulated air pollutant from any activity for which the stationary source is designed and/or permitted. "Complete" means in reference to an application for a permit, the application contains all the information necessary for processing the application. Designating an application complete for purposes of permit processing does not preclude the Director from requesting or accepting any additional information. 4

5 "Construction" means, unless specifically defined otherwise, fabrication, erection, or installation of a source. "Crude oil" means a naturally occurring hydrocarbon mixture which is a liquid at standard conditions. It may contain sulfur, nitrogen and/or oxygen derivatives of hydrocarbon. "Direct fired" means that the hot gasses produced by the flame or heat source come into direct contact with the material being processed or heated. "Division" means Air Quality Division, Oklahoma State Department of Environmental Quality. "Dust" means solid particulate matter released into or carried in the air by natural forces, by any fuel-burning, combustion, process equipment or device, construction work, mechanical or industrial processes. "EPA" means the United States Environmental Protection Agency. "Excess emissions" means the emission of regulated air pollutants in excess of an applicable limitation or requirement as specified in the applicable limiting Subchapter, permit, or order of the DEQ. This term does not include fugitive VOC emissions covered by an existing leak detection and repair program that is required by a federal or state regulation. "Existing source" means, unless specifically defined otherwise, an air contaminant source which is in being on the effective date of the appropriate Subchapter, section, or paragraph of these rules. "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" means all limitations and conditions which are enforceable by the Administrator, including those requirements developed pursuant to 40 CFR Parts 60 and 61, requirements within any applicable State implementation plan, any permit requirements established pursuant to 40 CFR or under regulations approved pursuant to 40 CFR Part 51, subpart I, including operating permits issued under an EPA-approved program that is incorporated into the State implementation plan and expressly requires adherence to any permit issued under such program. "Fossil fuel" means natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material. "Fuel-burning equipment" means any one or more of boilers, furnaces, gas turbines or other combustion devices and all appurtenances thereto used to convert fuel or waste to usable heat or power. "Fugitive dust" means solid airborne particulate matter emitted from any source other than a stack or chimney. "Fugitive emissions" means, unless specifically defined otherwise, those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. "Fume" means minute solid particles generated by the condensation of vapors to solid matter after volatilization from the molten state, or generated by sublimation, distillation, calcination, or chemical reaction when these processes create airborne particles. "Garbage" means all putrescible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food. 5

6 "Greenhouse gas" or "GHG" means the air pollutant defined in 40 CFR (a) as the aggregate group of six greenhouse gases: carbon dioxide (CO 2 ), nitrous oxide (N 2 O), methane (CH 4 ), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF 6 ). "Gross particulate matter" or "GPM" means particulate matter with an aerodynamic diameter greater than 10 micrometers. "In being" means as used in the definitions of New Installation and Existing Source that an owner or operator has undertaken a continuous program of construction or modification or the owner or operator has entered into a binding agreement or contractual obligation to undertake and complete within a reasonable time a continuous program of construction or modification prior to the compliance date for installation as specified by the applicable regulation. "Incinerator" means a combustion device specifically designed for the destruction, by high temperature burning, of solid, semi-solid, liquid, or gaseous combustible wastes and from which the solid residues contain little or no combustible material. "Indirect fired" means that the hot gasses produced by the flame or heat source do not come into direct contact with the material, excluding air, being processed or heated. "Installation" means an identifiable piece of process equipment. "Lowest achievable emissions rate" or "LAER" means, for any source, the more stringent rate of emissions based on paragraphs (A) and (B) of this definition. This limitation, when applied to a modification, means the lowest achievable emissions rate for the new or modified emissions units within a stationary source. In no event shall the application of LAER allow a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under applicable standard of performance for the new source. (A) LAER means the most stringent emissions limitation which is contained in the implementation plan of any State for such class or category of stationary source, unless the owner or operator of the proposed stationary source demonstrates that such limitations are not achievable, or (B) LAER means the most stringent emissions limitation which is achieved in practice by such class or category of stationary sources. "Major source" means any new or modified stationary source which directly emits or has the capability at maximum design capacity and, if appropriately permitted, authority to emit 100 tons per year or more of a given pollutant. (OAC 252:100-8, Part 3) "Malfunction" means any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, process equipment, or a process to operate in a normal or usual manner. Failures that are caused in part by poor maintenance or careless operation are not malfunctions. "Mist" means a suspension of any finely divided liquid in any gas or atmosphere excepting uncombined water. "Modification" means any physical change in, or change in the method of operation of, a source which increases the amount of any air pollutant emitted by such source or which results in the emission of any air pollutant not previously emitted, except that: (A) routine maintenance, repair and replacement shall not be considered physical changes; and, (B) the following shall not be considered a change in the method of operation: (i) any increase in the production rate, if such increase does not exceed the operating design capacity of the source; (ii) an increase in hours of operation; 6

7 (iii) use of alternative fuel or raw material if, prior to the date any standard under this part becomes applicable to such source the affected facility is designed to accommodate such alternative use. "National Emission Standards for Hazardous Air Pollutants" or "NESHAP" means those standards found in 40 CFR Parts 61 and 63. "New installation", "New source", or "New equipment" means an air contaminant source which is not in being on the effective date of these regulations and any existing source which is modified, replaced, or reconstructed after the effective date of the regulations such that the amount of air contaminant emissions is increased. "New Source Performance Standards" or "NSPS" means those standards found in 40 CFR Part 60. "Nonmethane organic compounds" or "NMOC" means nonmethane organic compounds, as defined in 40 CFR "Opacity" means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background. "Open burning" means the burning of combustible materials in such a manner that the products of combustion are emitted directly to the outside atmosphere. "Organic compound" means any chemical compound containing the element carbon. "Owner or operator" means any person who owns, leases, operates, controls or supervises a source. "Part 70 permit" means (unless the context suggests otherwise) any permit or group of permits covering a Part 70 source that is issued, renewed, amended, or revised pursuant to this Chapter. "Part 70 program" means a program approved by the Administrator under 40 CFR Part 70. "Part 70 source" means any source subject to the permitting requirements of Part 5 of Subchapter 8, as provided in OAC 252: (a) and (b). "PM 10 emissions" means particulate matter emitted to the ambient air with an aerodynamic diameter of 10 micrometers or less as measured by applicable reference methods, or an equivalent or alternative method. "PM 10 " means particulate matter with an aerodynamic diameter of 10 micrometers or less. "PM 2.5 " means particulate matter with an aerodynamic diameter of 2.5 micrometers or less. "Particulate matter" or "PM" means any material that exists in a finely divided form as a liquid or a solid. "Particulate matter emissions" means particulate matter emitted to the ambient air as measured by applicable reference methods, or an equivalent or alternative method. "Potential to emit" means 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. "Prevention of significant deterioration" or "PSD" means increments for the protection of attainment areas as codified in OAC 252: "Process equipment" means any equipment, device or contrivance for changing any materials or for storage or handling of any materials, the use or existence of which may cause any discharge of air contaminants into the open air, but not including that equipment specifically defined as fuel-burning equipment, or refuse-burning equipment. 7

8 "Process weight" means the weight of all materials introduced in a source operation, including solid fuels, but excluding liquids and gases used solely as fuels, and excluding air introduced for the purposes of combustion. Process weight rate means a rate established as follows: (A) for continuous or long-run, steady-state, operations, the total process weight for the entire period of continuous operation or for a typical portion thereof, divided by the number of hours of such period or portion thereof. (B) for cyclical or batch source operations, the total process weight for a period which covers a complete or an integral number of cycles, divided by the hours of actual process operation during such period. (C) where the nature of any process or operation or the design of any equipment is such as to permit more than one interpretation of this definition, that interpretation which results in the minimum value for allowable emission shall apply. "Reasonably available control technology" or "RACT" means devices, systems, process modifications, or other apparatus or techniques that are reasonably available taking into account: (A) The necessity of imposing such controls in order to attain and maintain a national ambient air quality standard; (B) The social, environmental, and economic impact of such controls; and (C) Alternative means of providing for attainment and maintenance of such standard. "Reconstruction" means (A) the replacement of components of an existing source to the extent that will be determined by the Executive Director based on: (i) the fixed capital cost (the capital needed to provide all the depreciable components of the new components exceeds 50 percent of the fixed capital cost of a comparable entirely new source); (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 OAC 252:100-8, Part 9. "Refinery" means any facility engaged in producing gasoline, kerosene, fuel oils or other products through distillation of crude oil or through redistillation, cracking, or reforming of unfinished petroleum derivatives. "Refuse" means, unless specifically defined otherwise, the inclusive term for solid, liquid or gaseous waste products which are composed wholly or partly of such materials as garbage, sweepings, cleanings, trash, rubbish, litter, industrial, commercial and domestic solid, liquid or gaseous waste; trees or shrubs; tree or shrub trimmings; grass clippings; brick, plaster, lumber or other waste resulting from the demolition, alteration or construction of buildings or structures; accumulated waste material, cans, containers, tires, junk or other such substances. "Refuse-burning equipment" means any equipment, device, or contrivance, and all appurtenances thereto, used for the destruction of combustible refuse or other combustible wastes by burning. "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. 8

9 "Responsible official" means one of the following: (A) For a corporation: a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall production, or operating facilities applying for or subject to a permit and either: (i) The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or (ii) The delegation of authority to such representatives is approved in advance by the DEQ; (B) For the partnership or sole proprietorship: a general partner or the proprietor, respectively; (C) For a municipality, state, federal, or other public agency: Either a principal executive officer or ranking elected official. For purposes of this Chapter, a principal executive officer or installation commander of a federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of EPA); or (D) For affected sources: (i) The designated representative insofar as actions, standards, requirements, or prohibitions under Title IV of the Act or the regulations promulgated thereunder are concerned; and (ii) The designated representative for any other purposes under this Chapter. "Shutdown" means the cessation of operation of any process, process equipment, or air pollution control equipment. "Smoke" means small gas-borne or air-borne particles resulting from combustion operations and consisting of carbon, ash, and other matter any or all of which is present in sufficient quantity to be observable. "Source operation" means the last operation preceding the emission of an air contaminant, which operation: (A) results in the separation of the air contaminant from the process materials or in the conversion of the process materials into air contaminants, as in the case of combustion of fuel; and, (B) is not an air pollution abatement operation. "Stack" means, unless specifically defined otherwise, any chimney, flue, duct, conduit, exhaust, pipe, vent or opening, excluding flares, designed or specifically intended to conduct emissions to the atmosphere. "Standard conditions" means a gas temperature of 68 degrees Fahrenheit (20 o Centigrade) and a gas pressure of 14.7 pounds per square inch absolute. "Startup" means the setting into operation of any process, process equipment, or air pollution control equipment. "Stationary source" means, unless specifically defined otherwise, any building, structure, facility, or installation either fixed or portable, whose design and intended use is at a fixed location and emits or may emit an air pollutant subject to OAC 252:100. "Total Suspended Particulates" or "TSP" means particulate matter as measured by the high-volume method described in Appendix B of 40 CFR Part 50. 9

10 "Temperature inversion" means a phenomenon in which the temperature in a layer of air increases with height and the cool heavy air below is trapped by the warmer air above and cannot rise. "Visible emission" means any air contaminant, vapor or gas stream which contains or may contain an air contaminant which is passed into the atmosphere and which is perceptible to the human eye. "Volatile organic compound" or "VOC" means any organic compound that participates in atmospheric photochemical reactions resulting in the formation of tropospheric ozone. Carbon monoxide, carbon dioxide, carbonic acid, metallic carbides, ammonium carbonates, tert-butyl acetate and compounds listed in 40 CFR (s)(1) are presumed to have negligible photochemical reactivity and are not considered to be VOC. 252: Units, abbreviations, and acronyms (a) Abbreviations and symbols of units of measure. (1) Btu - British thermal unit (2) cm/sec - centimeter per second (3) CO 2 e - carbon dioxide equivalent (4) dscf - dry cubic feet at standard conditions (5) dscm - dry cubic meter at standard conditions (6) ft/min - feet per minute (7) gal - gallon (8) gal/d - gallons per day (9) gal/yr - gallons per year (10) gr/dscf - grains per dry standard cubic foot (11) hr - hour (12) Hg - mercury (13) hp - horsepower (14) H 2 O - water (15) H 2 S - hydrogen sulfide (16) H 2 SO 4 - sulfuric acid (17) kg - kilogram (18) kg/metric ton - kilograms per metric ton (19) kpa - kilopascals (20) l - liter (21) l/yr - liters per year (22) LT/D - long tons per day (23) lb/wk - pounds per week (24) lb - pound (25) lbs/hr - pounds per hour (26) m 3 - cubic meter (27) mg/dscm - milligrams per dry standard cubic meter (28) MMBTU/hr - million british thermal units per hour (29) Mg - megagram 10 6 gram (30) Mg/yr - megagrams per year (31) mg/l - milligrams per liter (32) m/min - meter per minute (33) ng/dscm - nanograms per dry standard cubic meter 10

11 (34) ng/j - nanograms per Joule (35) oz/in 2 - ounce per square inch (36) ppm - parts per million (37) psia - pounds per square inch absolute (38) psig - pounds per square inch gage (39) ppmv - parts per million by volume (40) SO 2 - sulfur dioxide (41) TPY - tons per year (42) μg/m 3 - micrograms per cubic meter (b) Acronyms. (1) A.I.S.I. - American Iron and Steel Institute (2) A.S.M.E. - American Society of Mechanical Engineers (3) A.S.T.M. - American Society for Testing and Materials (4) BACT - Best Available Control Technology (5) CEM - Continuous Emission Monitor (6) CFR - Code of Federal Regulations (7) COM - Continuous Opacity Monitor (8) DEQ - Department of Environmental Quality (9) EPA - Environmental Protection Agency (10) GHG - Greenhouse Gas (11) HAP - Hazardous Air Pollutants (12) HMIWI - Hospital/Medical/Infectious Waste Incinerator (13) MACT - Maximum Achievable Control Technology (14) MSW - Municipal Solid Waste (15) MWC - Municipal Waste Combustors (16) NAAQS - National Ambient Air Quality Standards (17) NESHAP - National Emissions Standards for Hazardous Air Pollutants (18) NSPS - New Source Performance Standards (19) OAC - Oklahoma Administrative Code (20) PBR - Permit by Rule (21) PM - Particulate Matter (22) PSD - Prevention of Significant Deterioration (23) SIC - Standard Industrial Classification (24) SIP - State Implementation Plan (25) TSP - Total Suspended Particulates (26) VOC - Volatile Organic Compound (27) 27A O.S. - Title 27A Oklahoma Statutes SUBCHAPTER 2. INCORPORATION BY REFERENCE Section 252: Purpose 252: [RESERVED] 252: Incorporation by reference 11

12 252: Purpose The purpose of this Subchapter is to incorporate by reference applicable provisions of Title 40 of the Code of Federal Regulations (40 CFR). 252: [RESERVED] 252: Incorporation by reference Except as provided under this section, the provisions of 40 CFR listed in Appendix Q are hereby incorporated by reference as they existed on September 1, (1) Inclusion of 40 CFR citations and definitions. When a provision of 40 CFR is incorporated by reference, all citations contained therein are also incorporated by reference. (2) Inconsistencies or duplications of requirements or incorporation dates. (A) In the event that there are inconsistencies or duplications between the requirements of this Chapter and the requirements of those provisions incorporated by reference in Appendix Q or elsewhere in this Chapter, the more stringent requirements shall apply. (B) In the event that a specific date of incorporation is indicated in Appendix Q or a subchapter of this Chapter, the specified date of incorporation shall apply. (3) Terminology related to 40 CFR. For purposes of interfacing with 40 CFR and unless the context clearly indicates otherwise, the following terms apply. (A) "Administrator" is synonymous with "Executive Director." (B) "U. S. Environmental Protection Agency" or "EPA" is synonymous with "Department of Environmental Quality" or "DEQ". SUBCHAPTER 3. AIR QUALITY STANDARDS AND INCREMENTS Section 252: Purpose 252: Primary standards 252: Secondary standards 252: Significant deterioration increments 252: Purpose The purpose of this Subchapter is to enumerate the primary and secondary ambient air quality standards and the significant deterioration increments. 252: Primary standards The table in Appendix E of this chapter enumerates the primary ambient air quality standards. 252: Secondary standards The table in Appendix F of this Chapter enumerates the secondary ambient air quality standards. 252: Significant deterioration increments (a) Significant deterioration, as used in the phrase Prevention of Significant Deterioration (PSD), means an increase in ambient air pollution above a baseline plus a specific increment allowed for one of three classes of areas. See OAC 252:100-8, Part 7. 12

13 (b) The allowable increments are as follows: (1) Class I Areas: (A) PM 2.5 (effective October 20, 2011): (i) annual arithmetic mean: maximum allowable increase is 1 microgram per cubic meter. (ii) twenty-four hour maximum: maximum allowable increase is 2 micrograms per cubic meter. (B) PM 10 : (i) annual arithmetic mean: maximum allowable increase is 4 micrograms per cubic meter. (ii) twenty-four hour maximum: maximum allowable increase is 8 micrograms per cubic meter. (C) Sulfur dioxide: (i) annual arithmetic mean: maximum allowable increase is 2 micrograms per cubic meter. (ii) twenty-four hour maximum: maximum allowable increase is 5 micrograms per cubic meter. (iii) three-hour maximum: maximum allowable increase is 25 micrograms per cubic meter. (D) Nitrogen dioxide (effective May 11, 1991), annual arithmetic mean: maximum allowable increase is 2.5 micrograms per cubic meter. (2) Class II Areas: (A) PM 2.5 (effective October 20, 2011): (i) annual arithmetic mean: maximum allowable increase is 4 micrograms per cubic meter. (ii) twenty-four hour maximum: maximum allowable increase is 9 micrograms per cubic meter. (B) PM 10 : (i) annual arithmetic mean: maximum allowable increase is 17 micrograms per cubic meter. (ii) twenty-four hour maximum: maximum allowable increase is 30 micrograms per cubic meter. (C) Sulfur dioxide: (i) annual arithmetic mean: maximum allowable increase is 20 micrograms per cubic meter. (ii) twenty-four hour maximum: maximum allowable increase is 91 micrograms per cubic meter. (iii) three-hour maximum: maximum allowable increase is 512 micrograms per cubic meter. (D) Nitrogen dioxide (effective May 11, 1991), annual arithmetic mean: maximum allowable increase is 25 micrograms per cubic meter. (3) Class III Areas: (A) PM 2.5 (effective October 20, 2011): (i) annual arithmetic mean: maximum allowable increase is 8 micrograms per cubic meter. (ii) twenty-four hour maximum: maximum allowable increase is 18 micrograms per cubic meter. 13

14 (B) PM 10 : (i) annual arithmetic mean: maximum allowable increase is 34 micrograms per cubic meter. (ii) twenty-four hour maximum: maximum allowable increase is 60 micrograms per cubic meter. (C) Sulfur dioxide: (i) annual arithmetic mean: maximum allowable increase is 40 micrograms per cubic meter. (ii) twenty-four hour maximum: maximum allowable increase is 182 micrograms per cubic meter. (iii) three-hour maximum: maximum allowable increase is 700 micrograms per cubic meter. (D) Nitrogen dioxide (effective May 11, 1991), annual arithmetic mean: maximum allowable increase is 50 micrograms per cubic meter. SUBCHAPTER 4. NEW SOURCE PERFORMANCE STANDARDS [REVOKED] 252: Purpose [REVOKED] 252: [REVOKED] 252: Reference to 40 CFR [REVOKED] 252: [REVOKED] 252: Incorporation by reference [REVOKED] SUBCHAPTER 5. REGISTRATION, EMISSION INVENTORY AND ANNUAL OPERATING FEES Section 252: Purpose 252: Definitions 252: Registration of potential sources of air contaminants 252: Emission inventory 252: Annual operating fees 252: Annual operating fees for area sources of air pollution 252: Confidentiality of proprietary information 252: Purpose This Subchapter requires potential sources of air contaminants to register with the Division. It also requires facilities that emit air contaminants to file an emission inventory and pay annual operating fees. 252: Definitions 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 pollutant actually emitted from a given facility during a particular calendar year, determined using methods contained in 252: (d). 14

15 "Allowable emissions" means: (A) The total amount of any regulated air pollutant emitted based on limits contained in an enforceable permit or potential to emit, or (B) For grandfathered sources, emission limits based on maximum design capacity and considering all applicable rules. "Consumer Price Index" means an index determined by the U.S. Department of Labor measuring the change in the cost of typical wage-earner purchases of goods and services expressed as a percentage of the cost of these same goods and services in a base period. "Date of billing" means the date the fee was billed. In the case no fee was billed because the owner or operator failed to submit the required annual emission inventory, the date of billing shall mean the date on which the fee would have been billed had the emission inventory been submitted when due. "Emission inventory" means a compilation of all point source, storage and process fugitive air emissions for all regulated air pollutants at a given facility. "Error" means, with regard to fees, a fee overpayment made as a result of a mistake on the part of the DEQ in invoicing or the part of the owner or operator in calculating emissions. It does not mean a mistake made in the decision to use or not to use a particular emission factor or method of calculation. "Grandfathered source" means a stationary source that was in operation in Oklahoma when an otherwise applicable rule was promulgated unless that rule specifically applies to existing sources or the source has undergone modification since that rule was promulgated. "Minor facility" means a facility which is not a Part 70 source. "Process Fugitive Emissions" means those emissions created by or incidental to any particular process which become airborne or have the potential to become airborne, and could not reasonably, taking into account economic considerations, be made to pass through a stack, chimney, vent or other functionally equivalent opening. "Regulated pollutant (for fee calculation)", which is used only for purposes of this Subchapter, means any "regulated air pollutant" except the following: (A) Carbon monoxide. (B) Gross particulate matter (GPM). 252: Registration of potential sources of air contaminants (a) Filing. In addition to any requirements for the submission of information found in any other regulation in this Chapter, the owner or operator of an air contaminant source shall, upon request, provide the Division with information necessary to evaluate the source's potential for causing air pollution. (b) Necessary information. The following information shall be included for each source: (1) Total weight of the contaminant released per year. (2) Period or periods of operation. (3) Composition of the contaminant. (4) Temperature of the air or gas stream at the point where released into the atmosphere. (5) Efficiency of any control device. (6) Such other information as may be specifically requested by the Director. 15

16 252: Emission inventory (a) Requirement to file an emission inventory. The owner or operator of any facility that is a source of regulated air pollutants shall submit a complete annual emission inventory through DEQ=s electronic reporting system or in another manner acceptable by the Division. (1) General requirements. The inventory shall cover operations during a calendar year and shall be submitted on or before April 1 of the following year. Upon receiving a written demonstration of good cause the Director may grant an extension for submittal beyond the April 1 deadline. (2) Permit by rule. The owner or operator of a facility registered under a permit by rule in Subchapter 7, Part 9, shall submit, at a minimum, an annual emission inventory for the 2014 reporting year or the calendar year in which the facility is registered, if the facility is registered after December 31, 2014, and thereafter according to the following schedule: (A) For a registered facility with actual emissions greater than 5 tons per year of any regulated air pollutant, an annual emission inventory for that facility shall be submitted for every National Emissions Inventory (NEI) Three-Year Cycle Inventory year, as defined in 40 CFR Section 51.30(b). (B) For a registered facility with actual emissions of 5 tons per year or less of any regulated air pollutant, an annual emission inventory for that facility shall be submitted every second National Emissions Inventory (NEI) Three-Year Cycle Inventory year, as defined in 40 CFR Section 51.30(b), beginning with the 2020 NEI reporting year. (3) Permit exempt facilities and de minimis facilities. The owners or operators of permit exempt facilities or de minimis facilities, as these terms are defined in OAC 252: , are not required to submit an annual emission inventory unless annual emissions from the facility exceed any of the emission thresholds listed in Table 1 in Appendix A to Subpart A of 40 CFR Part 51. In that event, the emission inventory shall be submitted according to the schedule contained in that table, which is incorporated by reference in Appendix Q to OAC 252:100. (4) Special inventories. Upon request by the Director, the owner or operator of a facility that emits or has the potential to emit any regulated air pollutant shall file an emission inventory with the Division. The Director is authorized to request this inventory when emission related data is necessary for program planning or compliance with State or Federal rules, regulations, standards, or requirements. (b) Content. All inventories submitted to the Division shall include, but shall not be limited to, the following: (1) For those emissions subject to a permit, the permitted allowable emissions as set forth therein. (2) The amount of the actual emissions, including quantifiable excess emissions, and the basis for such determination. If the total actual emissions of any regulated air pollutant from a facility vary from the allowable or from the previous year's actual by more than 30%, the Department may require the owner or operator to provide an explanation for the difference in order to determine compliance with the Oklahoma Clean Air Act or any rule promulgated thereunder, or any permit condition prescribed or order issued pursuant thereto. (3) For those emissions not the subject of a permit and when requested by the AQD, a list of all OAC 252:100 rules setting forth emission limitations applicable to the facility in question and the maximum yearly allowable for the facility. (c) Documentation. All calculations and assumptions must be verified by proper documentation. All supporting data, including actual production, throughput and measurement 16

17 records along with engineering calculations and other data utilized in accordance with OAC 252: (d) must be maintained for at least 5 years by the current owner or operator at the facility in conjunction with facility records of the emission inventory. This information must either be submitted to the Division or made available for inspection upon request. (d) Method of calculation. The best available data at the time the emission inventory is or should have been prepared shall be used to determine emissions. It shall be the burden of the owner or operator to select the best available data, based on an acceptable method of calculation. The method of calculation used to determine emissions shall be binding upon the owner or operator and the Division for the purpose of calculating fees under OAC 252: unless challenged by the owner or operator prior to September 1 of the year the inventory is due or by the Division within six (6) months after the date the inventory is received. Acceptable methods of calculation for determining actual emissions are: (1) Emission factors utilized in the issuance of a currently applicable Oklahoma Air Quality permit(s) for the facility. (2) Stack tests using appropriate EPA test methods, with advance notification and opportunity for observation by the Division. (3) Stack tests using appropriate EPA test methods may be used for determining the emissions of identical equipment (i.e., same model, same location, and same operating conditions and parameters) when: (A) Tests are performed by persons qualified by training and experience to perform said tests. (B) Copies of the test results and methods are available for review by the Division. (4) Continuous emissions monitoring data, when supported by required certification and calibration data. (5) Current AP-42 factors or other factors acceptable to the Division. (6) Manufacturer's test data, when approved by the Division as reliable. (7) EPA and EPA-contracted industry-specific emission study data when it can be shown to be applicable to the facility in question and approved for use in the emission inventory by the Division. (8) Fuel usage and other mass-balance methods when supported by specific records applicable to the materials on which the calculations are based and approved for use in the emission inventory by the Division. (9) Any other method that can be shown to be reasonably accurate when supported by engineering data and calculations, and approved for use in the emission inventory by the Division. (e) Methods of verification. Emission inventories determined by the Division to be substantially incomplete or substantially incorrect shall, upon the request of the Division, be subject to verification if not satisfactorily completed or corrected within a reasonable time. Verification shall be accomplished by an appropriate stack test using EPA approved methods, installation of continuous monitoring equipment, or other methods acceptable to the Division. (f) Certification. The emission inventory shall contain certification by a responsible official of the truth, accuracy, and completeness of the document. This certification shall be signed by a responsible official and shall contain the following language: "I certify, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete." 17

18 252: Annual operating fees (a) Applicability. (1) OAC 252: applies to all facilities that are sources of air pollution, including government facilities, regardless of whether the source is currently permitted or whether an emission inventory has or has not at any time been submitted for the facility. The owners or operators of Part 70 sources shall pay annual fees that are sufficient to cover the Part 70 program costs. The permitting authority shall ensure that the fees required by OAC 252: (b)(2) will be used solely for Part 70 program costs. (2) OAC 252: does not apply to de minimis facilities or to permit exempt facilities. (b) Fee schedule. (1) Minor facilities. Beginning July 1, 2008, annual operating fees invoiced for minor facilities shall be $25.12 per ton of regulated air pollutant (for fee calculation). The invoiced annual operating fees shall be discounted appropriately in any given year if the Department determines that other revenues, including appropriated state general revenue funds, have increased sufficiently to adequately fund the air program. (2) Part 70 Sources. Beginning July 1, 2008, annual operating fees invoiced for Part 70 sources shall be $32.30 per ton of regulated air pollutant (for fee calculation) and shall be adjusted each year pursuant to (b)(3) of this section. The invoiced CPI-adjusted annual operating fees shall be discounted appropriately in any given year if the Department determines that other revenues, including appropriated state general revenue funds, have increased sufficiently to adequately fund the air program. Any discount would not affect CPI adjustments. (3) Use of Consumer Price Index (CPI) to adjust annual operating fees. Annual operating fees for Part 70 sources shall be adjusted automatically each year by the percentage, if any, by which the CPI for the most recent calendar year ending before the beginning of such year differs from the CPI for the calendar year The CPI for any calendar year is the average of the CPI for all-urban consumers published by the Department of Labor, as of the close of the twelve-month period ending on August 31 of each calendar year. (c) Payment. (1) Fees are due and payable on the invoice due date(s). Fees shall be considered delinquent 30 days after the invoice due date(s). Within five (5) years but not before a grace period of 120 days from the invoice due date, the DEQ may issue an administrative order to recover such fees and may assess a reasonable administrative fine in accordance with the provisions of the Oklahoma Clean Air Act, 27A O.S et seq., to an owner or operator of a facility who has failed to pay or has underpaid such fees. (2) If an owner or operator has failed to submit the required annual emission inventory, the DEQ may issue an administrative order to recover fees that would have been invoiced had the emission inventory been submitted when due. The DEQ may issue such order within five (5) years from the date of billing and may assess a reasonable administrative fine in accordance with the provisions of the Oklahoma Clean Air Act, 27A O.S et seq. (3) When a fee overpayment has been made as a result of an error, an owner or operator may seek a credit for such fee overpayment within five years from the date on which payment of the fee was received by the DEQ. 18

19 (d) Basis for annual operating fees. (1) Operating fees shall be calculated on a source-specific basis and based on actual emissions of regulated pollutants (for fee calculation) as set forth in the facility emission inventory unless the owner or operator elects to pay fees on allowable emissions. (2) Regulated pollutants (for fee calculation) in excess of 4,000 tons per year per pollutant for a Part 70 source shall not be considered in the calculation of the annual fee. 252: Annual operating fees for area sources of air pollution (a) Applicability. Area sources as defined in 40 CFR 63.2 that are not subject to the permitting requirements in OAC 252:100-7 or 252:100-8 but are subject to one or more National Emission Standards for Hazardous Air Pollutants at 40 CFR Part 63, are subject to annual operating fees as provided in this section. (b) Fee schedule. (1) Gasoline dispensing facilities. Gasoline dispensing facility area sources that are subject to 40 CFR Part 63, Subpart CCCCCC, National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Dispensing Facilities, but not subject to the permitting requirements in OAC 252:100-7 or 252:100-8 shall pay an annual operating fee based on average monthly gasoline throughput. (A) Gasoline stations with throughput of 10,000 gallons or less shall pay an annual operating fee of $250. (B) Gasoline stations with throughput of more than 10,000 gallons but less than 100,000 gallons shall pay an annual operating fee of $500. (C) Gasoline stations with throughput of 100,000 gallons or more shall pay an annual operating fee of $750. (2) Gasoline distribution bulk terminals, bulk plants, and pipeline facilities. Area source gasoline distribution bulk terminals, bulk plants, and pipeline facilities that are subject to 40 CFR Part 63, Subpart BBBBBB, National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities, but not subject to the permitting requirements in OAC 252:100-7 or 252:100-8 shall pay an annual operating fee of $500. (3) Other existing area sources. Area sources as defined in 40 CFR 63.2 that are not subject to the permitting requirements in OAC 252:100-7 or 252:100-8 but are subject to an emission standard, equipment standard, or work practice standard in any federal NESHAP (40 CFR Part 63) shall pay an annual operating fee of $250. (c) Payment. Area sources that are assessed annual operating fees are subject to the provisions of OAC 252: (c)(1). (d) Provisions for fee adjustment. The invoiced annual operating fees shall be discounted appropriately in any given year if the Department determines that other revenues, including appropriated state general revenue funds, have increased sufficiently to adequately fund the air program. AGENCY NOTE: The Department of Environmental Quality (DEQ) will continue delaying the implementation and assessment of the area source operating fees adopted in The Oklahoma Used Tire Recycling Act 27A O.S. Section et seq., enacted in 2011 in HB 1939 (effective July 1, 2011) has worked as intended to supplant the fees that would have been derived from the agency s area source program. DEQ evaluates the income derived from this bill on a yearly basis and will report to the Air Quality Council as appropriate if further action is necessary. DEQ will continue to defer implementation of the area source fee program until such time as the funds provided in HB 1939 are no longer sufficient. 19