Okla. Admin. Code § 252:100-8-1.4

Current through Vol. 42, No. 1, September 16, 2024

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

(a)Cancellation of permit or authorization to construct or modify. A duly issued permit or authorization to construct or modify will terminate and become null and void (unless extended as provided in Subsection (b) of this Section) if the construction is not commenced within 18 months after the date the permit or authorization was issued, or if work is suspended for more than 18 months after it has commenced.

(b)Extension of permit or authorization to construct or modify.

(1) Prior to the expiration date of the permit or authorization, a permittee may apply for extension of the permit or authorization by written request of the DEQ stating the reasons for the delay or suspension and providing justification for the extension. The DEQ may grant:

(A) One extension of 18 months or less, or

(B) One extension of up to 36 months where the applicant is proposing to expand an already existing facility to accommodate the proposed new construction or the applicant has expended a significant amount of money (1% of total project cost as identified in the original application, not including land cost) in preparation for meeting the definition of "commence construction" at the proposed site, or

(C) One extension of up to 72 months will be granted to major industrial facilities (project cost greater than $100,000,000.00), where the applicant proposes to construct at an existing site and demonstrates that the existing site was originally designed and constructed to accommodate the proposed new facilities. The applicant shall show a commitment to the site by having purchased land necessary to construct facilities covered by this extension and expended $1,000,000.00 or more on engineering and/or site development.

(2) If construction has not commenced within three (3) years of the effective date of the original permit or authorization, the permittee must undertake and complete an appropriate available control technology review and an air quality analysis. This review must be approved by the DEQ before construction may commence.

(3) Upon formal request of any applicant whose permit has been denied for lack of increment, the DEQ may require any permittee under OAC 252:100:8-1.4(b)(1)(B) or (C), to furnish a complete air quality analysis and/or an appropriate available control technology review if such review is required in order to provide new or current information.

Okla. Admin. Code § 252:100-8-1.4

Added at 15 Ok Reg 2590, eff 6-25-98; Amended at 18 Ok Reg 1455, eff 6-1-01