Okla. Admin. Code § 252:100-7-18

Current through Vol. 42, No. 4, November 1, 2024

Section 252:100-7-18 - Operating permit

(a)Permit required. An operating permit is required for a minor facility as specified in OAC 252:100-7-18(a)(1) and (2).

(1)New facility. No person shall cause or authorize the operation of a new minor facility for more than a 180-day period after commencement of operation without applying for a DEQ-issued air quality operating permit.

(2)Modification of an existing facility. No person shall cause or authorize the operation of a minor facility modified pursuant to OAC 252:100-7-15(a)(2) for more than a 180-day period after commencement of operation without applying for a DEQ-issued air quality operating permit or for modification of the facility's existing operating permit.

(b)Administrative permit amendment. An administrative permit amendment to an operating permit does not require a prior construction permit. Except for correction of typographical errors, application for an administrative permit amendment shall be made to the DEQ in writing within 30 days of the date the change occurred. Application for correction of typographical errors can be made at anytime. An administrative permit amendment can be made to:

(1) correct typographical errors;

(2) identify a change in name, address, or phone number of any person identified in the permit, or provide a similar minor administrative change at the facility;

(3) require more frequent monitoring or reporting by the permittee; and/or

(4) allow other permit amendments that are not physical or operational changes and that do not result in an increase in emissions.

(c)Denial or revocation of a permit to operate. No owner or operator shall cause or authorize the operation of a minor facility if the DEQ denies or revokes a permit to operate.

(d)Permit Categories. Three types of operating permits are available: permit by rule, general permit, and individual permit. The description of the permit categories in OAC 252:100-7-15(b) also applies to operating permits.

(e)Permit application requirements. An operating permit application shall meet the following requirements.

(1)New or modified facility. An operating permit application must contain the following information.

(A)Application content. Application shall be made on a form provided by the DEQ. An application shall contain:

(i) The proposed operation start-up date, or phased dates when applicable.

(ii) Revisions to the installation/construction, if any, that differed from the construction design and plan given in the permit application material, data and specifications.

(B)Emission tests. Before a permit to operate a new or modified minor facility is granted, the applicant, if required by the DEQ, shall conduct emission tests in accordance with methods approved by the DEQ with the tests being made at the expense of the applicant. The DEQ shall be given advance notice of the tests, may monitor performance tests conducted by the applicant, and may also conduct emissions tests. The results of any required test must be provided to the DEQ along with supporting information as required.

(2)Contents of an application for an administrative permit amendment. The application may be made on the DEQ application form or it may be in letter form. The application shall:

(A) describe the change to be made to the permit,

(B) include the date the change occurred,

(C) identify the facility and source involved, and

(D) be signed by the applicant.

(f)Operating permit conditions.

(1) Emission limitations and other permit conditions established and made a part of the construction permit are incorporated into and become enforceable requirements of the subsequently issued operating permit.

(2) Permit limitations in adjustment of, or in addition to, the facility's construction permit limitations may be made a condition of the facility's operating permit issuance.

(3) For a minor facility modified under a construction permit issued pursuant to OAC 252:100-7-15(a)(2), the operating permit may be modified using the FESOP enhanced NSR process public notice procedures of OAC 252:4-7-13(g)(7) -(9) to incorporate the operating permit conditions described in paragraphs (1) and (2).

(g)Duty to comply with the operating permit. The permittee shall comply with all limitations and conditions of the operating permit. A violation of the limitations or conditions contained in the operating permit shall subject the owner or operator of a facility to any or all enforcement penalties, including permit revocation, available under the Oklahoma Clean Air Act and Air Pollution Control Rules.

Okla. Admin. Code § 252:100-7-18

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 14 Ok Reg 1029, eff 1-16-97 (emergency); Amended at 14 Ok Reg 1602, eff 6-2-97; Amended at 15 Ok Reg 2590, eff 6-25-98; Amended at 16 Ok Reg 1759, eff 6-11-99; Amended at 21 Ok Reg 1511, eff 6-11-04; Amended at 25 Ok Reg 1112, eff 7-1-08; Amended at 29 Ok Reg 994, eff 7-1-12

Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/15/2021