APPENDIX A

EVALUATION OF FEBRUARY 14, 2002 SIP REVISIONS BY RICK BARRETT, 

EPA REGION 6 AIR PERMITS SECTION 

FOR EPA SIP ACTIONS ON REVISIONS TO

OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY

OKLAHOMA ADMINISTRATIVE CODE TITLE 252

CHAPTER 4 - RULES OF PRACTICE AND PROCEDURE

AND

CHAPTER 100 - AIR POLLUTION CONTROL

Prepared by:

Richard A. Barrett, Air Permits Section, 6PD-R

U.S. Environmental Protection Agency, Region 6

1445 Ross Avenue, Dallas, Texas 75202-2733

(214) 665-7227

Current SIP Citation

Title/Subject	

New or Revised Citation

Title/Subject	

Technical/Legal Conclusions	

Comments on Revision	

Differences between

Current and Revised SIP



Oklahoma Administrative Code, Title 252 (OAC 252)

Department of Environmental Quality



Chapter 4 (OAC 252:4) Rules of Practice and Procedure (New),

partially replaces Reg 1.4, Air Resources Management Permits Required.



Subchapter 1.  General Provisions (New)



New citation

	

252:4-1-1

Purpose and Authority	

Complies with 40 CFR Part 51, Subpart L. Legal Authority	

State effective date: 06/11/01.  Describes the practices and procedures
of the EQB, Advisory Councils (Councils), and the DEQ; authorized under
the State Administrative Procedures Act and State Environmental Quality
Code.	

New



1992 Oklahoma Clean Air Act 63 O.S.A. 1992, Section 1-1804.1
[Definitions] and Environmental Quality Act, 27A O.S.A. 1992, Section  3
[Definitions]	

252:4-1-2  Definitions	

Complies with 40 CFR 51.163. Administrative procedures	

State effective date: 06/11/01.  Lists and explains terms used in
Chapter 4.	

Reiterates and amends existing definitions and creates new terms.



1992 Oklahoma Clean Air Act, 63 O.S.A. 1992, Sections 1-1807.1 [AQC],
and 1-1808.1[Powers and Duties of AQC]; 

27A O.S.A. 1992, Sections 7 [EQB], 9 [DEQ], and 10 [Advisory Councils].	

252:4-1-3 Organization	

Complies with 40 CFR 51.163. Administrative procedures

Complies with Federal Clean Air Act

of 1990 (42 U.S.C.) Section 128. State Boards	

State effective date: 06/11/01

Describes the organization of the EQB, Councils and the DEQ. 	

Outlines additional responsibilities of the EQB, such as budget
requests, assisting DEQ in reviews and emergency rules.  Added Radiation
Management and Laboratory Services Advisory Councils; specified the
jurisdictional areas of all Advisory Councils.



New citation	

252:4-1-4  Office location and hours; communications	

Complies with 40 CFR 51.163. Administrative procedures	

State effective date: 06/11/01

Location, mailing address, hours of operation; how to communicate with
the EQB and Councils.	

New



1.4.2(e) Public Review., and paragraph 1.4.2(e) (1)(A)	

252:4-1-5  Availability of a record	

Complies with 40 CFR 51.161. Public availability of information,

except 252:4-1-5 (a).	

State effective date: 06/11/01. Records of the EQB, Councils, and DEQ
must be available at DEQ principal office; permit application data
(UEPA) (27A O.S. § 2- 4-101 et seq.). Records removal, copying, copying
fees, confidentiality, and certification.

 252:4-1-5 (a), 2nd sentence, refers to the UEPA, Tier I definition (27A
O.S. 2-14-103.9.), which does not require opportunity for public
comment, which is a deficiency.	

Currently requires State Commissioner of Health (Commissioner) to make
records available in the particular county.



New citation	

252:4-1-6

Administrative fees	

Complies with 40 CFR 51.163. Administrative procedures	

State effective date: 06/11/01

Specifies the fees charged for photocopying, certified copies and
document searches	

New



New citation	

252:4-1-7  Fee credits for regulatory fees	

Complies with 40 CFR Part 51, Subpart L. Legal Authority	

State effective date: 06/11/01

Explains that the Executive Director may authorize the DEQ to apply
credits towards future invoices for recurring fees. Any credit applied
must be reported to the Board.	

New



1992 Oklahoma Clean Air Act,

Section 1-1807.1  [AQC]; 1992 Oklahoma Environmental Quality Act, 27A
O.S.A. 1992, 

Section  7.  [EQB] and 10. [Advisory Councils].	

252:4-1-8 Board and Councils	

Complies with 40 CFR Part 51, Subpart L. Legal Authority	

State effective date: 06/11/01

Specifies the term as chair of the Board and succession of officers on
the Councils, and appointment of Ad hoc committees to assist the Board
or Council.	

Adds a new requirement that the chair of the Board can serve no more
than 3 consecutive years, and that Council officers may succeed
themselves at  Council discretion. Adds that Ad hoc committees may be
appointed to assist the Board or a Council for any lawful purpose.



New citation	

252:4-1-9 Severability	

Complies with 40 CFR Part 51, Subpart L. Legal Authority 

AAAthority L

A	

State effective date: 06/11/01

Specifies that the provisions of OAC Title 252 are severable.	

New



Subchapter 7.  Environmental Permit Process



	Part 1.  The Process



Reg. 1.4. Air Resources Management Permits Required, 1.4.1. General
Permit Requirements, 1.4.1(a).  Scope and Purpose: 1.4.1(a)(1) 	

252:4-7-1

Authority	

Complies with 40 CFR Part 51, Subpart L. Legal Authority. 	

State effective date: 06/11/01. Implements the new UEPA (27A O.S. §
2-14-101 et seq.)	

Revised into a single sentence; the rules apply to applicants for, and
holders of, DEQ permits and other authorizations.



Reg. 1.4. Air Resources Management Permits Required, 1.4.1. General
Permit Requirements, 1.4.1(a).  Scope and Purpose: 1.4.1(a)(1) 

	

252:4-7-2.

Preamble	

Complies with 40 CFR 51.161. Public availability of information,

except 252:4-7-2. Preamble,  

2nd sentence.	

State effective date: 06/11/01. Outlines the Tier requirements of the
new UEPA (27A O.S. § 2-14-101 et seq.).

252:4-7-2 Preamble, 2nd sentence, relates that Tier I is a category with
no public participation, except for the landowner, which is a
deficiency.	

The UEPA requires that DEQ licenses, permits, certificates, approvals,
registrations fit into a category, or Tier. In general, Tier I are
administrative decisions, Tier II require some public participation,
Tier III require extensive public participation.



1992 Oklahoma Clean Air Act, 63 O.S.A. 1992, Section 1-1813. 
[Permitting Program], subsection A.	

252:4-7-3.

Compliance	

Complies with 40 CFR 51.160. Legally Enforceable Procedures.	

State effective date: 06/11/01

States that applicants and permittees are subject to the laws and rules
of the DEQ as they exist on the date of filing an application and
afterwards as revised.

	

Revision streamlines existing rule and clarifies that all applicants and
permittees are subject to the rules of the permitting program.



1.4.2(c). Permit Applications,

1.4.2(c)(1) and (c)(2)	

252:4-7-4.

Filing an application,

(a) Tier I and (b) Tier II & III	

Complies with 40 CFR 51.160. Legally Enforceable Procedures.

Complies with 40 CFR 51.161. Public availability of information,

except 252:4-7-4.(a).	

State effective date: 06/11/01

Requires filing of the Tier I, II and III applications and specifies
number of copies to be submitted for each Tier; however, lacks requiring
a copy for public review for Tier I applications, which is a deficiency.


Current SIP requires the application be filed with supplemental data,
and 3 copies.



1.4.1(d) Permit fees	

252:4-7-5.

Fees	

Complies with 40 CFR Part 51, Subpart L. Legal Authority.	

State effective date: 06/11/01

Fees shall be submitted with the application and, except as herein
provided, will not be refunded.	

Revises the initial processing fee for a major, minor or relocation
permit; the additional fees charged by respective permit type; and
methods of payment to the respective reviewing agency.



1.4.2 (c). Permit Applications,

1.4.2(c)(1) and (c)(3)	

252:4-7-6.

Receipt of applications	

Complies with 40 CFR 51.160. Legally Enforceable Procedures.	

State effective date: 06/11/01

Requires each DEQ program to date stamp, assign and record each
application and appropriate fee received.	

Revises the requirement to file a permit application, etc., supplied by
the Commissioner and provide 3 copies to Air Quality Service.



1.4.2 (d) Action on Applications,

1.4.2(d)(1).	

252:4-7-7.

Administrative completeness review	

Complies with 40 CFR 51.160. Legally Enforceable Procedures.	

State effective date: 06/11/01

Requires 60 days from the date stamp to determine administrative
completeness and to notify the applicant of any deficiency, information
needed and completeness.	

Revises the section name and provides a 60 day time limit.



1.4.2 (d) Action on Applications,

1.4.2(d)(1) and (d)(2).

	

252:4-7-8.

Technical review

	

Complies with 40 CFR 51.160. Legally Enforceable Procedures.	

State effective date: 06/11/01

Requires the applicable time period specified in Parts 3 through 5 to
review applications for technical competence, deficiencies, information
needed and completeness.  (No PART 5 in the submittal, only PART 3)	

Current requirement is to notify the applicant of any deficiency,
information needed and completeness within 180 days of completeness.



1.4.2(d)(1)

	

252:4-7-9.

When review times stop	

Complies with 40 CFR 51.163. Administrative  procedures.

	

State effective date: 06/11/01

Requires the review time period to stop during litigation, public
review/participation, state/federal review, requests for supplemental
information and application amendments by applicant.	

Current requirement is to notify the applicant of any deficiency,
information needed and completeness.



New citation	

252:4-7-10.

Supplemental time	

Complies with 40 CFR 51.163. Administrative  procedures

	

State effective date: 06/11/01

The request for supplemental information may add 30 days or more to the
processing time.	

New



New citation	

252:4-7-11.

Extensions	

Complies with 40 CFR 51.163. Administrative  procedures

	

State effective date: 06/11/01

Extensions to the time lines of  Chapter 4 are by agreement only, or
when the Executive Director certifies circumstances outside of DEQ
control prevent the reviewer from meeting the time periods.	

New



New citation	

252:4-7-12.

Failure to meet deadline	

Complies with 40 CFR 51.163. Administrative  procedures	

State effective date: 06/11/01

When failure to meet time lines is imminent, DEQ will reassign staff
and/or retain consultants to meet deadlines, or the applicant may agree
to an extension. 	

New



1.4.2(e) Public Review., 1.4.2(e)(1), (e)(1)(B); 

1.4.2(e)(1)(f)(2)	

252:4-7-13.

Notices	

Complies with 40 CFR 51.161 Public availability of information, except
252:4-7-13 Notices, (a) Statutory requirements for notice.	

State effective date: 06/11/01

States the requirements for giving notice of filing an application
according to the UEPA for Tier II & III only, notice to the landowner,
notice content, proof of published legal notice, and notice to a
neighboring State.  Also, the State requested NOT to include in SIP: 
subsection (e), paragraphs (f)(1) and (f)(3), and the following phrase
in paragraph (f)(2): ...“a proposed wastewater discharge permit that
may affect the water quality of a neighboring state or”... . The above
requests do not concern the Air permitting programs. 

 252:4-7-13 Notices, (a) Statutory requirements for notice. Relates that
public notice required under 27A O.S. § 2-14-301 for Tier 2 and 3
applications, but does does not include giving notice of filing a Tier I
application, which is a deficiency.	

Revises the requirement that the Commissioner provide public notice
requirements to permit applicants for major sources and modifications;
to require the applicants to give notice according to the UEPA;

Revises the 60 day comment period allowed for a neighboring State, whose
air quality might be impacted by a major source, to require a Part 70
source give written notice to the environmental regulatory agency of
said State.





New citation	

252:4-7-14.

Withdrawing applications	

Complies with 40 CFR 51.163. Administrative  procedures	

State effective date: 06/11/01

Applicant may withdraw application with written notice to DEQ and
forfeit fees; if applicant fails to supplement application within 180
days of notice of deficiencies, or by agreed date, DEQ voids
application.	

New. Outlines the requirements regarding the withdrawal of applications.



1.4.2(d) Action on Applications, 1.4.2(d)(1)	

252:4-7-15.

Permit issuance or denial	

Complies with 40 CFR 51.163. Administrative  procedures	

State effective date: 6/11/01

Permits shall not be issued until the DEQ determines the application
complies with applicable requirements of the Code and DEQ rules; that
all monies are paid; and that applicant’s existing permits are in
compliance with the Code, DEQ rules and any existing DEQ permits and
orders. DEQ will not issue the permit if facts were misrepresented or
omitted from application and applicant knew/should have known of such
misrepresentation or omission.	

Adds requirements to the approval of a permit and replaces the
responsibility for ensuring compliance with all requirements, and the
general intent of applicable laws and regulations, with the DEQ instead
of the Commissioner.



New citation	

252:4-7-16.

Tier II and III modifications	

Complies with 40 CFR 51.163. Administrative  procedures

Complies with 40 CFR 51.161 Public availability of information, except
omits Tier I public notice.	

State effective date: 06/11/01

For Tier II & III permit modifications, only issues relevant to the
modification will be reopened for public review and comment.

252:4-7-16. Relative to Tier II and III permit modifications only; omits
Tier I permit modifications from public review and comment, which is a
deficiency.	

New 



New citation	

252:4-7-17.

Permit decision-making authority	

Complies with 40 CFR Part 51, Subpart L. Legal Authority.	

State effective date: 06/11/01

The Executive Director of the DEQ may delegate in writing the power and
duty to issue, renew, amend, modify or deny permits. Unless delegated to
a Division Director, actions on Tier I applications shall be delegated
to the technical supervisor within each program.  	

New 



New citation	

252:4-7-18.

Pre-issuance permit review and correction	

Complies with 40 CFR 51.160. Legally Enforceable Procedures.

Complies with 40 CFR 51.161 Public availability of information, except
omits Tier I public notice.	

State effective date: 6/11/01

DEQ may ask applicant to review a permit for errors and DEQ may correct
a permit before issued.  For Tier II and III permits, applicant shall
publish legal notice in one newspaper (local to site) of any correction
or change proposed by DEQ which significantly alters the size, capacity
or limits. DEQ may open a public comment period and/or reconvene a
public meeting and/or administrative hearing to receive public comments
on the proposed correction(s).

252:4-7-18.(b) Correction.(1) Notice of significant corrections.
Relative to Tier II and III permits significant correction only; omits
Tier I permits from public notice, which is a deficiency.	

New 



New citation	

252:4-7-19.

Consolidation of permitting process	

Complies with 40 CFR 51.163. Administrative  procedures

Complies with 40 CFR 51.161 Public availability of information, except
omits Tier I public notice.	

State effective date: 06/11/01

Concerning multiple permits for the same site, DEQ may authorize the
review so each required draft permit, draft denial and/or proposed
permit is prepared at the same time and public participation
opportunities are combined.  If consolidation is authorized, the
procedural requirements for the highest specified tier shall apply to
each affected application and DEQ may authorize the consolidation of
public comment periods, process and public meetings and/or
administrative permit hearings. DEQ may coordinate the expiration of new
permits so all have the same duration. Also applies to Tier II and Tier
III permit modifications. 252:4-7-19.(d) Consolidation of permitting
process. Relative to Tier II and III permit modifications only; omits
Tier I permit from public notice, which is a deficiency.	

New 



Part 3.  Air Quality Division Tiers and Time Lines



New citation	

252:4-7-31. Air quality time lines	

Complies with 40 CFR 51.163. Administrative  procedures	

State effective date: 06/11/01

Specifies time frames for issuance or denial of construction, operating
and relocation air quality permits	

New



New citation	

252:4-7-32. Air quality applications - Tier I	

Complies with 40 CFR 51.163. Administrative  procedures.

	

State effective date: 06/11/01

Specifies that minor facility permits; Part 70 minor modifications; new
or modified permits based on Tier II or Tier III construction permits;
and other miscellaneous authorizations require Tier I applications for
either a construction or an operating permit.  The State requested NOT
to include in SIP the following statement at the end of paragraph (c)(5)
which reads: “Also subject to state implementation plan revision
procedures  in  252:100-11.”

The above request removes the requirement for alternative emissions
reduction authorizations to follow the public notice procedures in
252:4-7-13 Notices.	

New  



New citation	

252:4-7-33. Air quality applications - Tier II	

Complies with 40 CFR 51.163. Administrative  procedures.	

State effective date: 06/11/01

A minor facility seeking a permit for modification that would become a
Part 70 source; a new Part 70 source or one seeking a significant
modification which is not classified as Tier III; a Part 70 source
seeking a modification not based on a construction permit processed
under Tier II or III; Part 70 renewal permits, and other miscellaneous
authorizations require Tier II applications for either a construction or
an operating permit. 	

New 



New citation	

252:4-7-34. Air quality applications - Tier III	

Complies with 40 CFR 51.163. Administrative  procedures	

State effective date:  06/11/01

A new major stationary source which is one of the 28 category sources;
one which emits, or has the potential to emit, 250 tons per year or more
of any pollutant subject to regulation; and existing incinerators which
apply for a change which would have caused it to become major when
originally permitted require Tier III applications for a construction
permit. 	

New 



Appendix C.  Permitting Process Summary



1.4.2 (c) Permit Applications;

1.4.2 (d) Action on Applications;

1.4.2(e) Public Review. (1)(A), (1)(B), (1)(C), (1)(D), and (1)(E)	

252:4. Appendix C 

Permitting Process Summary	

Complies with 40 CFR 51.163. Administrative  procedures overall.
Complies with 40 CFR 51.161 Public availability of information, except
omits Tier I public notice.	

State effective date: 06/11/01

Appendix C is only cited in the table of contents and provides a useful
summary of the permitting process and the three Tier categories.

252:4. Appendix C. Permitting process Summary. Omits Tier I permitting
actions from public notice., which is a deficiency.	

Summarizes the permitting process into an easy-to-understand table.



Chapter 100.  Air Pollution Control

Subchapter 1.  General Provisions



Subchapter 5.  Registration, Emission Inventory and Annual Operating
Fees (title amended)



New citation	

252:100-5-1

Purpose	

Complies with 51.163. Administrative Procedures.

	

State effective date: 6/12/00

States that the subchapter requires potential sources of air
contaminants register with the Division. It also requires facilities to
file an emission inventory and pay annual operating fees.	

New



New citation	

252:100-5-1.1

Definitions	

Complies with 51.163. Administrative Procedures.

	

State effective date: 6/12/00

Reiterates existing definitions and creates new definitions which are
used in Subchapter 5.  The State requested NOT to include in SIP:
paragraph (D)  “Toxic Air Contaminant ... “, under definition of
"Regulated Air Pollutant." This definition is unnecessary. The submitted
definitions are consistent with the federal definitions or with the Act	

New



New citation	

252:100-5-2

Registration of potential sources of air contaminants	

Complies with 51.163. Administrative Procedures.

	

State effective date: 6/12/00. 

States that the owner or operator of an air contaminant source shall,
upon request, provide the Division with the  information necessary to
evaluate its potential for causing air pollution.	

New



New citation	

252:100-5-2.1

Emission inventory	

Complies with 51.163. Administrative Procedures.

	

State effective date: 6/12/00. Outlines the requirements to file an
emission inventory. Moved from Subchapter 7 to Subchapter 5.	

New



1.4.1(d) Permit fees	

252:100-5-2.2 Annual operating fees	

Complies with 51.163. Administrative Procedures.

	

State effective date: 6/12/00

Regards fees for minor and Part 70 sources, method of payment, fines,
and  basis for annual operating fees. Revised and moved from Subchapters
7 and 8 to Subchapter 5.	

Revises initial fees for processing major, minor or relocation permits;
additional fees charged by permit type; and methods of payment to the
reviewing agency.



New citation	

252:100-5-3

Confidentiality of proprietary information	

Complies with 51.163. Administrative Procedures.

	

State effective date: 6/12/00

Reads “ [Refer to 27A O.S. § 2-5-105.18.] ”, which therein defines
confidentiality of proprietary information.	

New



Subchapter 7.  Permits for Minor Sources (New), partially replaces Reg
1.4, “Air Resources Management Permits Required.”



Part 1.  General Provisions



1.4 Air Resources Management Permits Required,

1.4.1 General Permit Requirements,

1.4.1(a) Scope and Purpose	

252:100-7-1. Purpose

(See Big Sip Box 1:7-6)	

Complies with 40 CFR 51.160. Legally Enforceable Procedures.	

State effective date: 6/25/98

Sets forth permit application fees and the basic substantive
requirements for permits for minor facilities.

	

Revises purpose into a single sentence; no substantive change.



1.4.2 Construction Permit, 1.4.2(a)(2)(ii) Minor source;

1.4.4 PSD Requirements for attainment areas, 

1.4.4(b) Definitions, (b)(9),(12),(20);

1.4.5 Major Sources -- Nonattainment Areas, 1.4.5(b) Definitions, 

(b)(10),(17)	

252:100-7-1.1. Definitions

(See Big Sip Box 1:7-7)	

Complies with 40 CFR 51.160 Legally Enforceable Procedures and 

CFR51.163 Administrative Procedures.	

State effective date: 06/11/99.

Reiterates and/or amends existing definitions and creates new
definitions which are used in Subchapter 7.   The State requested NOT to
include in SIP: paragraph (D) under definition of "Regulated Air
Pollutant.", as unnecessary. The submitted definitions  are consistent
with the federal definitions or with the Act	

New definitions 





1.4.1(c) Necessary to Obtain Permit,

(c)(1), (2);

1.4.2 Construction Permit, 1.4.2(a) Standards Required, 1.4.2(a)(1). 	

252:100-7-2.	Requirement for permits for minor facilities 

(See Big Sip Box 1:7-8)	

Complies with 40 CFR 51.160. Legally Enforceable Procedures.

Complies with 40 CFR 51.161 Public availability of information, except
omits minor facility public notice.	

State effective date:  06/01/01.

Minor sources must obtain a permit from DEQ; de minimis facilities are
exempt; application implies responsibility by applicant; can request an
applicability determination for a fee or change in status, and must
notify DEQ of change in ownership. For additional application and
permitting procedures, rule refers to OAC 252:2-15 Uniform Permitting
Procedures which includes the three Tier processes of the UEPA. Tier I
of the UEPA does not require public notice and comment for minor
facility permits, which is a deficiency.  Note that OAC 252:2 was later
revoked and moved into new OAC 252:4, effective 6/11/01.

The State requested NOT to include in SIP: paragraph (b)(4),
“252:100-41 Control of Emission of Hazardous and Toxic Air
Contaminants.” (252:100-41 is revoked and moved to 252:100-42).	

Reiterates the requirement to obtain a permit and revises approval by
the Commissioner to approval by the DEQ. Revises the transfer of
ownership language to state that it subjects the new owner to existing
permit conditions and compliance.



Part 2.  Permit Application Fees  (The State requested NOT to include in
SIP)

(The State prefers not to process a SIP change with every change in
fees)



Part 3.  Construction Permits



1.4.2 Construction Permit, 1.4.2(a) Standards Required, 

1.4.2(a)(1),(a)(3), (a)(4)

1.4.2(f)

Construction Permit Conditions,

1.4.2(f)(1)

1.4.2(g) Cancellation of Authority to Construct or Modify1.4.2(g),

(g)(1), (g)(2), (g)(2)(A), (g)(2)(C)	

252:100-7-15. Construction permit			

Complies with 40 CFR 51.160.  Legally Enforceable Procedures.	

State effective date: 06/11/99

Requirement to obtain a construction permit and approval by the DEQ;
adds three permit categories:  Permit by rule, General and Individual;
adds application data required by Chapter 7 (e.g., site information,
process description, emission data, BACT, modeling, and sampling point
data). Construction must comply with applicable air pollution rules and
regulations; new equipment or process subject to NSPS or NESHAPS
requires a permit.  Reiterates permit contents, failure to comply,
cancellation of authority to construct if over 18 months, Extension of
authorization to construct for 18 months or less (or up to 36 months in
special cases), and requirement for new BACT and air quality analysis if
construction has not commenced within 3 years of original permit date.	

Revises approval by the Commissioner to approval by the DEQ. Current
rule does not refer to additional application data now required by
Chapter 7.



1.4.2(b)	

252:100-7-16. Stack height limitation (Revoked)	

	

Revoked and moved to Subchapter 8. See 252:100-8-1.5.	





Part 4.  Operating Permits



1.4.2(h) Relocation Permits, 1.4.2(h)(1), (h)(2)	

252:100-7-17.	Relocation permits for portable sources 		

		

Complies with 40 CFR 51.160.  Legally Enforceable Procedures.	

State effective date: 06/25/1998

Relocation requires an operating permit from DEQ or existing permit
voided; relocation limited to existing sources and valid for only 2
years	

Minor revisions; no substantive change.



1.4.3 Operating Permit, 1.4.3(a) Requirements,

1.4.3(a)(1),(2);

 1.4.3(b) Permit applications 1.4.3(b)(1)(A),

(B), (b)(2);

and 1.4.3(c) Operating Permit Conditions, 1.4.3(c)(1), (c)(2).	

252:100-7-18.	Operating permit 	

Complies with 40 CFR 51.160.  Legally Enforceable Procedures.	

State effective date: 06/11/99

Relates that an operating permit is required; adds that there are three
operating permit categories available; outlines the permit application
requirements; relates the enforceability of emissions limits and that
construction permit limits may be made a condition of the operating
permit. Adds applicability regarding application for minor sources and
minor modifications at a Part 70 source until that source must apply for
a Part 70 permit, refers to 100-8.

	

Revises approval by the Commissioner to approval by the DEQ; revise the
word “source” to minor or modified minor facility; add advance
notice to DEQ of tests; emissions limits become enforceable limits and
construction permit limits may be made a condition of the operating
permit. Adds the three available operating permit categories, minor
sources, and minor modification applicability at a Part 70 source



Part 9.  Permits By Rule



New citation	

252:100-7-60. Permit by rule	

Complies with 40 CFR 51.160.  Legally Enforceable Procedures	

State effective date:  06/11/99

A minor source may be permitted under this rule if it meets
100-7-15(b)(1); general requirements to operate under a permit by rule
and fees; requirement to submit an annual emission inventory; compliance
inspections may be conducted by DEQ; registration by DEQ is required. 
Also, the State requested NOT to include in SIP: the following phrase at
the end of paragraph (b)(2): "in Subchapter 41" (252:100-41 is revoked
and moved to 252:100-42).	

New



New citation	

252:100-7-60.1. Cotton Gins 	

Complies with 40 CFR 51.160.  Legally Enforceable Procedures	

State effective date: 06/11/99

Refers reader to 100-23-7	

New



New citation	

252:100-7-60.2. Grain elevators 	

Complies with 40 CFR 51.160.  Legally Enforceable Procedures	

State effective date: 06/11/99

Refers reader to 100-24-7	

New



Subchapter 8.  Permits for Part 70 Sources (New), partially replaces Reg
1.4, “Air Resources Management Permits Required.”



Part 1.  General Provisions



1.4 Air Resources Management Permits Required,

1.4.1 General Permit Requirements,

1.4.1(a) Scope and Purpose 	

252:100-8-1.	Purpose	

Complies with 40 CFR 51.160.  Legally Enforceable Procedures.

Complies with 51.163. Administrative Procedures.	

State effective date: 06/25/98

Single sentence relates that Subchapter 8 sets forth permit application
fees and the basic substantive requirements for permits for Part 70
sources	

Revises purpose into a single statement; no substantive change.



1.4.2 Construction Permit, 1.4.2(b) 

Stack Height Limitation

1.4.4 PSD Requirements for attainment areas, 

1.4.4(b) Definitions 

1.4.5 Major Sources -- Nonattainment Areas, 1.4.5(b) Definitions 	

252:100-8-1.1. Definitions	

Complies with 51.163. Administrative Procedures.

The proposed definitions do not conflict with any federal definitions or
with the Act. 	

State effective date: 06/01/01

Reiterates and amends existing definitions and creates new definitions
which are used in Subchapter 8.	

New definitions



New citation	

252:100-8-1.2. General information	

Complies with 51.163. Administrative Procedures	

State effective date: 06/25/98

New construction and operating permits: general and individual. A
general permit may be issued for an industry if there are a sufficient
number of facilities with similar operations, emissions and activities.
An individual permit is issued to facilities that do not qualify for a
general permit. For a fee, any person may submit a written request that
DEQ make a determination as to whether a particular source is subject to
these permit requirements.	

New



New citation	

252:100-8-1.3. 

Duty to comply			

Complies with 51.163. Administrative Procedures.	

State effective date: 06/25/98

An owner/operator applying for a permit/authorization shall be bound by
the terms and conditions therein.  An owner/operator violating any
condition of a permit/authorization is subject to enforcement under the
Oklahoma Clean Air Act.	

New



1.4.2 Construction Permit, 1.4.2(g) Cancellation of Authority to
Construct or Modify1.4.2(g),

(g)(1), (g)(2), (g)(2)(A),(B),(C) and (D)	

252:100-8-1.4. Cancellation or extension of a construction permit or
authorization under a general construction permit	

Complies with 51.163. Administrative Procedures.

	

State effective date: 06/01/01

A permittee may apply to DEQ for extension. A duly issued permit or
authorization to construct or modify will terminate and become null and
void if the construction is not commenced within 18 months; Extension of
authorization to construct for 18 months or less (or up to 36 months in
special cases); One extension of up to 72 months will be granted to
major industrial facilities (project cost greater than $100,000,000),
and purchased land necessary to construct facilities covered by this
extension and expended $1,000,000.00 or more.  

Upon formal request of any applicant whose permit has been denied for
lack of increment, the DEQ may require any permittee to furnish a
complete air quality analysis and/or an appropriate available control
technology review 	

No substantive change.



1.4.2(b) Stack Height Limitation,

(b)(1), (b)(1)(D),

(b)(1)(E)(i)(ii),

(b)(1)(F)	

252:100-8-1.5. Stack height limitations				

Complies with 40 CFR 51.160.  Legally Enforceable Procedures.	

State effective date: 06/01/01

Addresses stack height exclusion, determination of good engineering
practice (GEP) stack height, how a structure or terrain feature shall be
considered as nearby, and what are considered as excessive
concentrations when determining GEP stack height.	

Revises “Commissioner” to “Director” for approval of a field
study or fluid model.  Additional revisions are not substantive.



Part 3.  Permit Application Fees (The State requested NOT to include in
SIP)

(The State prefers not to process a SIP change with every change in
fees)



	Part 5.  Permits for Part 70 Sources	



1.4.2 Construction Permit, 1.4.2(b) 

Stack Height Limitation

1.4.4 PSD Requirements for attainment areas, 

1.4.4(b) Definitions 

1.4.5 Major Sources -- Nonattainment Areas, 1.4.5(b) Definitions 	

252:100-8-2. Definitions	

Complies with 51.163. Administrative Procedures.

Does not conflict with federal definitions or the Act. 

	

State effective date: 06/01/01

Reiterates and amends existing definitions and creates new definitions
which are used throughout Subchapter 8.  The State requested NOT to
include in SIP:  paragraph (C) under definition of “Insignificant
activities”.

	

New definitions 





New citation	

252:100-8-3. Applicability	

Complies with 40 CFR 51.160.  Legally Enforceable Procedures.

	

State effective date: 06/01/01 Describes which sources are subject to
the permitting requirements under Subchapter 8. Defines covered sources
as: Any major source (as defined in OAC 252:100-8-2); any source subject
to a NSPS; any source, including an area source, subject to a NESHAP;
any affected source (as defined in OAC 252:100-8-2); any source in a
source category designated by the Administrator pursuant to 40 CFR
§70.3 any major stationary source required to have a permit under Parts
7 (PSD) or 9 (NNSR) of this Subchapter. Source category exemptions
discusses that all sources listed in this section that are not major
sources, major stationary sources, affected sources, or solid waste
incineration units required to obtain a permit pursuant to section
129(e) of the Act, are exempt from the obligation to obtain a Part 70
permit unless required to do so by appropriate implementation of EPA
administrative rulemaking for non-major sources.	

New



New citation	

252:100-8-4. Requirements for construction and operating permits			

Complies with 40 CFR 51.160.  Legally Enforceable Procedures.	

State effective date: 06/01/01.  For Part 70 construction permits: a
DEQ-issued permit must be obtained first, includes reconstruction and
significant modifications, includes sources subject to Parts 7(PSD) and
9(NNSR) and relates requirement for case-by-case MACT determinations.
For operating permits: a Part 70 source subject to this Chapter may not
operate without a Part 70 permit, duty to apply, timely application,
source application submittal schedule, newly regulated sources,
application acceptability, 112(g) applications, renewal, Phase II acid
rain permits, application completeness.	

New



New citation	

252:100-8-5. 

Permit applications	

Complies with 40 CFR 51.160.  Legally Enforceable Procedures.	

State effective date: 06/01/01  Part 70 permit application requirements:
confidential information, duty to supplement/correct application, use of
standard application form and required information.  Construction permit
applications must provide BACT determination, Modeling and Sampling
points.  Operating permit applications must provide identifying
information, description of the processes and products,
emissions-related information, air pollution control requirements,
methods for determining compliance, compliance plan and certification,
forms for acid rain. Certification of truth, accuracy and completeness.	

New



New citation	

252:100-8-6. Permit content	

Complies with 40 CFR 51.160.  Legally Enforceable Procedures.	

State effective date: 06/01/01

Includes all applicable requirements and state-only requirements, such
as, Emission  limitations and standards, Permit duration for Operating
and Construction permits, Monitoring and related recordkeeping and
reporting requirements, Title IV allowances, severability clause,
general requirements such as noncompliance constitutes a violation,
defense, a permit can be modified, revoked, reopened and reissued, or
terminated for cause; Fees, Emissions trading, Operating scenarios,
Emissions averaging; Federally enforceable requirements except those not
required under the Act; compliance requirements; permit shield;
emergencies; and operational flexibility.	

New



New citation	

252:100-8-6.1. General permits	

Complies with 40 CFR 51.160.  Legally Enforceable Procedures.

Complies with 51.163. Administrative Procedures.

	

State effective date: 06/25/98

Requirements: DEQ may issue to a source category if it is appropriate
for permitting on a generic basis. Any general permit shall comply with
all requirements applicable to other Part 70 permits; discusses
Applicability, Authorization, Permit shield, Revisions, Permit content,
and Renewal	

New



New citation	

252:100-8-6.2. Temporary sources	

Complies with 40 CFR 51.160.  Legally Enforceable Procedures.	

State effective date: 06/25/98

DEQ may issue a single permit to same source owner at multiple temporary
locations.  Permit assures compliance with all applicable requirements,
source will notify DEQ at least 10 days before each change in location;
and permit has conditions that assure compliance with all other
provisions of this section.	

New



New citation	

252:100-8-6.3. Special provisions for affected (acid rain) sources			

Complies with 51.163. Administrative Procedures.

	

State effective date: 06/25/98

The application is binding until permit issuance or denial, Exemption
petitions, Permit shield, Modifications, Duration, 

Right of intervention, Administrative appeal, Adoption of 40 CFR Part 72
by reference. 	

New



New citation	

252:100-8-7. Permit issuance	

Complies with 51.163. Administrative Procedures.	

State effective date: 06/01/01

Criteria: draft permits and notice thereof; EPA review; DEQ final
action; timeline for technical review and issuance: within 18 months
after beginning technical review;  Action priorities; No issuance by
default.	

New



New citation	

252:100-8-7.1. Permit renewal and expiration			

Complies with 51.163. Administrative Procedures.	

State effective date: 06/25/98

An application is considered timely if the applicant meets the
requirements of this subsection; the application content for renewal of
expiring permit will identify and incorporate by reference terms and
conditions in its previous permit and permit application(s) that should
remain unchanged, plus information not addressed in the existing permit
and a compliance plan and certification; the issuance of renewal permit
is subject to the same procedural requirements that apply to initial
permit issuance; and regarding the expiration of permit, the right to
operate it will terminate upon the expiration of the permit unless a
timely and complete renewal application has been submitted at least 180
days before expiration date.	

New



New citation	

252:100-8-7.2. Administrative permit amendments and permit modifications


Complies with 51.163. Administrative Procedures.

Does not comply with 40 CFR 51.161 Public availability of information, 
omits Tier I public notice.	State effective date: 06/01/01.  Defines and
outlines procedures; Corrects typographical errors, Incorporates
requirements from preconstruction review permits, DEQ shall take final
action on a request for an administrative permit amendment within 60
days of request. Permit modifications: Minor permit modification
procedures, Criteria, Application, EPA and affected state notification,
Timetables, Source's ability to make change, Permit shield, Permittee's
risk in commencing construction; Significant modification procedures,
Criteria, Procedures for  processing, and issuance. 252:100-8-7.2,
Admin. permit amendments and permit modifications (b) Permit
modification (1) Minor permit modification procedures (B) Application.
This subsection relates that the permit application req’s of Tier I
under OAC 252:2-15 shall be met by the applicant. OAC 252:2-15 includes
the three Tier processes of the UEPA. Tier I of the UEPA does not
require public notice and comment for minor facility permits, which is a
deficiency. Note that OAC 252:2 was later revoked and moved into new OAC
252:4, effective 6/11/01.

	

New



New citation	

252:100-8-7.3. Reopening of operating permits for cause				

Complies with 40 CFR 51.160.  Legally Enforceable Procedures.	

State effective date: 06/25/98

Each permit shall include provisions specifying conditions under which
the permit will be reopened prior to expiration, Discretionary
reopening: Instances when DEQ may reopen and amend a permit, Reopening
procedures: DEQ shall follow the procedures that apply to significant
permit modifications under this Sub-chapter, Reopenings for cause by
EPA: Administrator finds that cause exists to terminate, modify, or
revoke and reissue a permit, the Administrator shall notify the DEQ and
the permittee of such findings in writing.	

New



New citation	

252:100-8-7.4. Revocations of operating permits			

Complies with 40 CFR 51.160.  Legally Enforceable Procedures.	

State effective date: 06/25/98.

Explains DEQ Revocation of a permit or authorization under a general
permit without reissuance, and Revocation procedures. 	

New



New citation	

252:100-8-7.5. Judicial review		

Complies with 51.163. Administrative Procedures.	

State effective date: 06/25/98

Any final action in granting or denying an application for a permit,
amendment or modification, or renewal shall be subject to judicial
review in the court of appropriate jurisdiction upon an application
filed by the applicant or permittee, or by any affected state or other
person who participated in the public comment process. 	

New



New citation	

252:100-8-8. Permit review by EPA and affected states		

Complies with 51.163. Administrative Procedures.	

State effective date: 06/01/01

Applicability; Format for data submittal; Recordkeeping; Transmission of
Part 70 applications to EPA; Transmittal of notice of draft permit to
affected States; Preparation and submittal of EPA review copy, Tier II
applications, Tier III applications; Notice of non-acceptance; EPA
review and non-objection/objection, Timing, Form of objection,
Additional grounds, Copy, DEQ response, Amend permit, Give notice and
issue, and Failure of DEQ to respond; Public petitions to the
Administrator; and Effect on Tier III administrative permit hearing.  	

New



Part 7.  Prevention of Significant Deterioration (PSD) Requirements for
Attainment Areas



1.4.2 Construction Permit,

1.4.4 PSD Requirements for Attainment Areas,

	

252:100-8-30. Applicability	

		

Complies with 51.163. Administrative Procedures.

	

State effective date: 06/25/98

New source requirements of this Part 7, in addition to the requirements
of Parts 1, 3, and 5 of this Subchapter, shall apply to the construction
of all major stationary sources and major modifications as specified in
252:100-8-31 through 252:100-8-33.  Sources subject to this Part are
also subject to the operating permit provisions contained in Part 5 of
252:100-8.

ODEQ requested Region 6 to exclude from the SIP revision 100-8, Part 3.
Permit Application Fees. The State prefers not to process a SIP change
with every change in fees.	

Revised to delete “Major Sources” from title, to change
“section” to “Part” [7], delete language  that the 1.4.4 [PSD]
requirements will not be necessary for sources required to meet the
permit requirements of the United States Environmental Protection Agency
under Title 40 Part 52.21 of the Code of Federal Regulations.

Minor number and word changes. 



1.4.4  PSD Requirements for Attainment Areas, 1.4.4 (b) Definitions:
Restricted to Section 1.4.4.	

252:100-8-31. Definitions	

	

	

Complies with 51.163. Administrative Procedures.

Does not conflict with federal definitions or the Act.  	

State effective date: 06/01/01

Lists and explains definitions which are used throughout Subchapter 8. 

	

No substantive change.





1.4.4(c) Source Applicability Determination	

252:100-8-32. Source applicability determination		

Complies with 40 CFR 51.160.  Legally Enforceable Procedures.	

State effective date: 06/25/1998

Explains that proposed new sources and source modifications to which
this Part [7] is applicable are determined by size, geographical
location and type of emitted pollutants.	

No substantive change.



1.4.4(d) Review, Applicability, and Exemptions (d)(1),(2),(3),(4),
(5),(6),(7),(8)(9), (10),(12)(B),(13) (A),(B),(C)	

252:100-8-33. Exemptions		

Complies with 40 CFR 51.160.  Legally Enforceable Procedures.	

State effective date: 06/01/01

Lists and explains exemptions from: PSD requirements, air quality impact
evaluation, monitoring requirements,

BACT requirements and monitoring requirements, exemption of
modifications, impact analyses, and increment consumption	

No substantive change.



1.4.4(e) Control Technology

(e)(1),(2),(3)	

252:100-8-34. Best available control technology	

Complies with 40 CFR 51.160.  Legally Enforceable Procedures.	

State effective date: 06/25/98

Requirements for Best available control technology: new source must
demonstrate that control technology to be applied is the best available;
a major modification must demonstrate that the control technology to be
applied is the best available for each regulated pollutant for which it
would be a significant net emissions increase at the source; BACT shall
be made on a case by case basis taking into account costs and energy,
environmental and economic impacts; For phased construction projects the
determination of BACT shall be reviewed and modified at the discretion
of the Executive Director at a reasonable time but no later than 18
months prior to commencement of construction of each independent phase
of the project.	

No substantive change.



1.4.4(f) Air quality impact evaluation

(f)(1),(2), (3),(4), (5)(A)&(B)&(C),(6),(7),(8),(9),(10),(11), (12)(A)

	

252:100-8-35.	Air quality impact evaluation		

Complies with 40 CFR 51.160.  Legally Enforceable Procedures.	

State effective date: 06/25/98

Lists and explains the requirements for Air quality impact evaluation:
Application contents; Continuous monitoring data; increment consumption;
Monitoring: added requirements for the monitoring of PM-10 using a
monitoring method approved by the Executive Director, period, period
exceptions - required data shall have been gathered over at least the
period from August l, 1988 to the date the application becomes otherwise
complete, Ozone post-approval monitoring, Post-construction monitoring,
Monitoring system operation; Air quality models; Growth analysis;
Visibility/other impacts analysis.  	

Minor numbering changes; added PM10 monitoring requirements.



1.4.4(g) Source Impacting Class I areas

(g)(1),(2)	

252:100-8-36.

Source impacting Class I areas			

Complies with 40 CFR 51.160.  Legally Enforceable Procedures.	

State effective date: 06/25/98

Explains the requirements regarding Source impacting Class I areas:
Permits issuance; Impact analysis required	

No substantive change.



1.4.4(h) Innovative Control Technology

(h)(1),(2),(3),(4)	

252:100-8-37. Innovative control technology		

Complies with 40 CFR 51.160.  Legally Enforceable Procedures.	

State effective date: 06/25/98

Requirements regarding approval of an innovative control technology and
failure to meet the required level of continuous emissions reduction.	

No substantive change.



Part 9.  Major Sources Affecting Nonattainment Areas



1.4.5 Major Sources - - Nonattainment Areas,

1.4.5(a) Applicability	

252:100-8-50. Applicability	

		

Complies with 40 CFR 51.160.  Legally Enforceable Procedures.	

State effective date: 06/25/98

The new source requirements of Part 9 shall apply to the construction of
all major sources and major modifications affecting nonattainment areas.
	

Currently, meeting 1.4.5 isn’t  necessary for sources required to meet
permit requirements of 40 CFR Part 52.24.  Minor number and word
changes. 



1.4.5(b) Definitions: Restricted to 1.4.5	

252:100-8-51. Definitions	

		

Complies with 51.163. Administrative Procedures; does not conflict with
federal definitions or the Act.   	

State effective date: 06/01/01

Reiterates and amends definitions used throughout Subchapter 8.	

No substantive change.



1.4.5(c) Source Applicability Determination,

(c)(1), (c)(1)(A), (B)&(C),      (C)(i-vii)	

252:100-8-52. Source applicability determination		

Complies with 40 CFR 51.160.  Legally Enforceable Procedures

	

State effective date: 06/01/01

Applicability of proposed new sources and source modifications: size;
location in nonattainment area; location in attainment/unclassifiable
area but causing or contributing to NAAQS violation.	

No substantive change.



1.4.5(d) Exemptions

(d)(1), (d)(1)(A)&(B), (d)(2),(d)(3) 

	

252:100-8-53. Exemptions		

Complies with 40 CFR 51.160.  Legally Enforceable Procedures.

Complies with 40 CFR Part 51. Appendix S	

State effective date: 06/25/98.  Non-attainment area requirements do not
apply to a particular source/modification locating in or impacting a
nonattainment area; secondary emissions are excluded in determining PTE;
requirements of SC 8, Part 7 (PSD) and Part 9 for nonattainment areas
are not applicable to a modification if existing source was not major on
August 7, 1980, etc.	

No substantive change. 



1.4.5(e) Requirements for Sources Located in Nonattainment Areas,

(e)(1),(A),(B),(C)

	

252:100-8-54. Requirements for sources located in nonattainment areas			

Complies with 40 CFR 51.160.  Legally Enforceable Procedures.

Complies with 40 CFR Part 51. Appendix S	

State effective date: 06/25/98

If major source/modification would be constructed in nonattainment area
for a pollutant for which source/modification is major, approval granted
if: new source demonstrates it has applied control technology which the
Executive Director determines is LAER; the Executive Director determines
an enforceable numerical emission standard is infeasible, etc., may be
prescribed as the emission limitation rate; owner of new source must
demonstrate all other major sources owned/operated by such person in
Oklahoma are in compliance; emissions do not exceed the planned growth
allowable for the area designated in the SIP, etc.; owner may present
with application an analysis of alternate sites, sizes, etc. and
production processes for such proposed source.	

No substantive change.  



Subchapter 9 - Excess Emission Reporting Requirements (will be addressed
in a separate rulemaking)



Appendices



New citation	

252:100 Appendix H. De Minimis Facilities.

(Appendix H is cited in 252:100-7-1.1 under definition of “De minimis
facility.”)		

		

Complies with 40 CFR 51.160.  Legally Enforceable Procedures.      	

State effective date: 06/25/98 For use in Subchapter 7 and includes
agricultural, wood-working, office & janitorial, cleaning & surface
preparation, etc.  The State requested NOT to include in SIP: under the
heading "cleaning & surface preparation", in the  item beginning with
“Vacuum cleaning systems ...” the phrase "and/or toxic"... .  Note:
This appendix is not to be used for purposes of Part 70 permitting as
contained in Subchapter 8.	

New



New citation	

252:100 Appendix I.  Insignificant Activities (Registration) List.

(Appendix I is cited in 252:100-8-2 under definition of “Insignificant
activities”.)	

Complies with 40 CFR 51.160.  Legally Enforceable Procedures.      	

State effective date: 06/25/98 For use in Part 5, Permits for Part 70
Sources. Examples include combustion equipment, storage
tanks/distribution, remediation, etc.  The State requested NOT to
include in SIP: under the heading "REMEDIATION", in the third paragraph,
the statement: "de minimis limits for air toxics (252:100-41-43) and"...
.	

New



New citation	

252:100, Appendix J. Trivial Activities (De Minimis) List. 

(Appendix J is cited in 252:100-8-2 under definition of “Trivial
activities”).	

Complies with 40 CFR 51.160.  Legally Enforceable Procedures	

State effective date: 06/25/98  For use in Part 5, Permits for Part 70
Sources.  Includes agricultural, analysis/testing, animals, battery
charging, etc.  The State requested NOT to include in SIP: (1) under the
heading "fugitive emissions" at the end of first sentence of the
paragraph beginning with "VOC fugitive emissions from ..." the
statement: "or the de minimis set forth in 252:100-41-43"; and (2) under
the heading "Miscellaneous" in the first paragraph, the phrase "or
252:100-41-43(a)(5) ".	

New



