Okla. Admin. Code § 252:100-7-2
Current through Vol. 42, No. 1, September 16, 2024
Section 252:100-7-2 - Requirement for permits for minor facilities(a)Permit required. Except as provided in OAC 252:100-7-2 and 252:100-7-18(b), no person may commence construction or modification of any minor facility, may operate any new minor facility, or may relocate any minor portable source without obtaining a permit from the DEQ. For additional application and permitting procedures, see OAC 252:4, Subchapter 7. Environmental Permit Process.(b)Exceptions.(1)De minimis facilities. De minimis facilities are exempted from the permitting requirements of OAC 252:100-7. De minimis facilities remain subject only to the following air quality control (A) De minimis facilities must comply with OAC 252:100-13, Open Burning.(B) With the exception of those de minimis cotton gin facilities or grain, feed or seed facilities that comply with the requirements of 252:100-23, Control of Emissions from Cotton Gins or 252:100-24, Particulate Matter Emissions from Grain, Feed or Seed Operations, de minimis facilities remain subject to OAC 252:100-25, Visible Emissions and Particulates.(C) With the exception of those de minimis cotton gin facilities or grain, feed or seed facilities that comply with the requirements of 252:100-23, Control of Emissions from Cotton Gins or 252:100-24, Particulate Matter Emissions from Grain, Feed or Seed Operations, de minimis facilities remain subject to OAC 252:100-29, Control of Fugitive Dust.(D) De minimis facilities must comply with OAC 252:100-42 Control of Toxic Air Contaminants.(E) De minimis facilities must comply with 252:100-5, Registration, Emission Inventory and Annual Operating Fees.(2)Permit exempt facilities. Permit exempt facilities are exempted from the permitting requirements of OAC 252:100-7. Permit exempt facilities remain subject to all other applicable State and Federal air quality control rules and standards.(3)Emergency engines at residential and school facilities. Primary and secondary schools and single family residences with an emergency engine are exempted from the permitting requirements of OAC 252:100-7.(4)Gasoline dispensing facilities with throughput of less than 100,000 gallons per month. Gasoline dispensing facilities in compliance with 40 CFR Part 63 Subpart CCCCCC, and whose primary or only obligation to obtain a permit is due to the construction (installation) and/or operation of a gasoline dispensing facility, with throughput of less than 100,000 gallons per month on a rolling annual average are exempt from the permitting requirements of OAC 252:100-7.(5)Construction Activities Prior to Issuance of a Minor NSR (Construction) Permit. After the submission of an administratively complete minor NSR construction permit application, but prior to the issuance of the corresponding construction permit, an applicant may begin construction up to, but not including, making any new, modified, or reconstructed unit operational such that it has the ability to emit any regulated air pollutant. The applicant assumes the risk of losing any investment it makes toward implementing such construction prior to the issuance of a construction permit authorizing the construction. DEQ retains the authority to deny the permit application without consideration of and regardless of any investment the applicant has made prior to permit issuance. This paragraph does not serve as authorization by DEQ of the requested construction. In addition, this exception does not exempt the owner or operator from any applicable requirements under federal rules (e.g., NSPS or NESHAP) or state-only regulations.(c)Permit application.(1) All applications shall be signed by the applicant.(2) The signature on an application for a permit shall constitute an implied agreement that the applicant shall be responsible for assuring construction or operation, as applicable, in accordance with the application and OAC 252:100.(3) Any applicant who fails to submit any relevant facts or who has submitted incorrect information in a permit application shall, upon becoming aware of such failure or incorrect submittal, submit such supplementary facts or corrected information within 30 days unless the applicant's request for more time has been approved by the DEQ. In addition, an applicant shall provide additional information as necessary to address any requirements that become applicable to the source after the date it filed a complete application but prior to release of the draft permit.(d)Applicability determination. Upon written request along with the required fee and any relevant information needed, the DEQ will make a determination of whether a permit is required.(e)Change in permit status. The owner or operator of a permitted facility may at any time notify the DEQ that the facility: (1) Is de minimis, requesting termination of the permit, or(2) Qualifies for either a permit by rule or a general permit, submitting the appropriate application for such permit, or(3) Is permit exempt, requesting termination of the permit.(f)Transfer of permit. The transfer of ownership of a stationary source or a facility is an administrative amendment that shall subject the new owner or operator to existing permit conditions and/or compliance schedules. A new permit is not required. The transferor shall notify the DEQ using a prescribed form no later than 30 days following the change in ownership.(g)Emission calculation methods. The methods in OAC 252:100-5-2.1(d) shall be used when calculating regulated air pollutant emission rates for purposes of determining if a DEQ-issued air quality permit is required or what type of permit is required.Okla. Admin. Code § 252:100-7-2
Added at 11 Ok Reg 977, eff 1-14-94 (emergency); Added at 11 Ok Reg 2031, eff 5-26-94; Amended at 13 Ok Reg 1919, eff 7-1-96; Amended at 15 Ok Reg 2590, eff 6-25-98; Amended at 16 Ok Reg 1759, eff 6-11-99; Amended at 18 Ok Reg 1454, eff 6-1-01; Amended at 21 Ok Reg 1511, eff 6-11-04; Amended at 22 Ok Reg 1109, eff 6-15-05; Amended at 25 Ok Reg 1112, eff 7-1-08Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/15/2016Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/15/2018Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/15/2022