Okla. Admin. Code § 252:100-8-6.1

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

Section 252:100-8-6.1 - General permits

(a)Applicability.

(1) The DEQ may, after notice and opportunity for public participation, issue a general permit for any source category if it concludes that the category is appropriate for permitting on a generic basis. Any general permit shall comply with all requirements applicable to other Part 70 permits. No general permit may be issued for affected sources under the acid rain program unless otherwise provided in regulations promulgated under Title IV of the Act.

(2) A general permit may be issued for a source category based upon an application from a source within the source category or upon the DEQ's own initiative. The DEQ shall, following receipt of an application for a general permit, or upon a determination that issuance of a general permit for a category of sources may be appropriate, follow the same procedures for issuance of a general permit as for any other permit issued under this part.

(3) A general permit may be issued to establish:

(A) Terms and conditions to implement applicable requirements and state-only requirements for a source category.

(B) Terms and conditions to implement applicable requirements and state-only requirements for specified categories of changes to permitted sources.

(C) Terms and conditions for new requirements that apply to sources with existing permits.

(D) Federally-enforceable caps on emissions from sources in a specified category.

(4) The DEQ may issue a general permit if it finds that:

(A) There are several permittees, permit applicants, or potential permit applicants who:

(i) Have the same or substantially similar operations, emissions, activities, or facilities.

(ii) Emit the same types of regulated air pollutants.

(B) The operations, emissions, activities, or facilities are subject to the same or similar:

(i) Standards, limitations, and operating requirements.

(ii) Monitoring requirements.

(5) If some, but not all, of a source's operations, activities, and emissions are eligible for coverage under one or more general permits, the source must apply for an individual Part 70 permit for all of its covered sources.

(6) Facilities located in areas that are federally designated as non-attainment are not eligible for coverage under a general permit.

(7) Sites that are not in compliance with all applicable State and Federal air regulations are eligible for a general operating permit only if:

(A) They submit to DEQ an approvable compliance plan, and

(B) The facility submits to Tier II public review.

(8) Facilities with existing state operating permits are eligible for coverage under a general operating permit.

(9) Facilities existing prior to the effective date of any applicable standard that would have created specific quantifiable and enforceable emission rates are eligible for coverage under a general operating permit.

(b)Authorization.

(1) A general permit issued under this section shall identify criteria by which sources may qualify for the general permit. After a general permit has been issued, any source may submit a request to be covered under the permit in the form of an application for authorization to operate under the general permit. Such application shall identify the source and provide information sufficient to demonstrate that it falls within the source category covered by the general permit, together with any additional information that may be specified in the general permit.

(2) See OAC 252:4-7 for Tier I permitting processes and timelines for individual authorizations under general permits. The DEQ shall act to approve or deny the application within 90 days of filing.

(3) A final action approving an authorization to operate under a general permit shall not be subject to public comment or judicial review.

(4) The DEQ will publish, at least monthly, an updated list of sources approved for inclusion under the general permit and any aggrieved person may petition the DEQ to review the approval of any stationary source for inclusion under a general permit within 30 days after publication of the list.

(5) A copy of the general permit, together with a list of sources approved for coverage under it, shall be kept on file for public review at the offices of the DEQ.

(c)Permit shield. A general permit issued under this section shall provide that any source approved for coverage under a general permit shall be entitled to the protection of the permit shield for all operations, activities, and emissions addressed by the general permit, unless and to the extent that it is subsequently determined that the source does not qualify for the conditions and terms of the general permit.

(d)Revisions.

(1) If an owner or operator of a source(s) makes a change to a source covered by a general permit that affects any applicability information supplied in the general permit application, but the source is still eligible for coverage under a general permit, the owner or operator must revise the general permit application and submit it to the DEQ within 60 days.

(2) After coverage is granted to a source under the general permit, physical changes to the facility which result in the addition of equipment new to the facility, either as a replacement (except like-kind replacements) or net addition, will require a construction permit or a new authorization. Any significant modification to a stationary source included under a general permit shall subject the source to a Tier II review.

(3) If equipment new to the facility is newly purchased or is relocated from another facility where a permit was issued with enforceable emissions limits on that equipment, then authorization under the general permit shall be modified or amended to include an emissions limit for the newly purchased or relocated equipment. "Grandfathered" emissions sources at the facility will retain only the equipment descriptions as permit conditions. "Grandfathered" means a unit that was in existence prior to the effective date of any applicable regulation that would have created specific quantifiable and enforceable emissions rate limits.

(4) For a general operating permit, if emissions change for any reason that subjects the facility to PSD permitting requirements, then the facility no longer qualifies for a general operating permit. However, the existing general operating permit will remain valid during the time period covered by the PSD construction permit until the facility receives a Part 70 site specific operating permit for the entire facility.

(e)Permit content. Specific terms and conditions that will make the applicable rules and requirements enforceable shall be stipulated in the general permit.

(f)Renewal of general operating permits.

(1) The DEQ will initiate the renewal process for a general operating permit at least 180 days prior to the permit's expiration date and will follow the requirements in 252:100-8-7(a).

(2) Owners or operators shall apply to renew an authorization at least 60 days prior to expiration of the existing authorization. Upon submittal of a timely and administratively complete application, the applicant may continue to operate until such time as the DEQ grants or denies coverage under the general operating permit.

Okla. Admin. Code § 252:100-8-6.1

Added at 15 Ok Reg 2590, eff 6-25-98; Amended at 22 Ok Reg 1111, eff 6-15-05