Okla. Admin. Code § 252:100-8-3

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

Section 252:100-8-3 - Applicability

(a)Covered sources. Except as exempted from the requirement to obtain a permit under subsection (b) of this Section or elsewhere in this Subchapter, the sources listed below are subject to the permitting requirements under this Subchapter. A major source or major stationary source shall remain a Part 70 source until a federally enforceable permit is obtained which contains emission limitations and/or conditions to limit the operation of the facility to below that which would define it as a covered source pursuant to this section.

(1) Any major source (as defined in OAC 252:100-8-2 );

(2) Any source subject to a NSPS;

(3) Any source, including an area source, subject to a NESHAP;

(4) Any affected source (as defined in OAC 252:100-8-2 );

(5) Any source in a source category designated by the Administrator pursuant to 40 CFR §70.3; and

(6) Any major stationary source required to have a permit under Parts 7 or 9 of this Subchapter.

(b)Source category exemptions.

(1) All sources listed in subsection (a) of 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. Any such exempt source may opt to apply for a permit under these rules and shall be issued a permit if the applicant otherwise satisfies all of the requirements of this Chapter.

(2) If the Administrator determines after appropriate rulemaking that an exemption is applicable to non-major sources when adopting standards or other requirements under section 111 or section 112 of the Act after July 21, 1992, then at that time the exemption will apply.

(3) Unless otherwise required to obtain a Part 70 permit, the following source categories are exempted from the obligation to obtain a Part 70 permit:

(A) All sources in source categories that would be required to obtain a permit solely because they are subject to part 60, subpart AAA -- Standards of Performance for New Residential Wood Heaters; and

(B) All sources in source categories that would be required to obtain a permit solely because they are subject to part 61, subpart M -- National Emission Standard for Hazardous Air Pollutants for Asbestos, Section 61.145, Standard for Demolition and Renovation.

Okla. Admin. Code § 252:100-8-3

Added at 11 Ok Reg 977, eff 1-14-94 (emergency); Added at 11 Ok Reg 2031, eff 5-26-94; Amended at 15 Ok Reg 2590, eff 6-25-98; Amended at 18 Ok Reg 1455, eff 6-1-01