Okla. Admin. Code § 252:100-8-36

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

Section 252:100-8-36 - Source impacting Class I areas

(a)Class I area variance. Permits may be issued at variance to the limitations imposed on a Class I area in compliance with the procedures and limitations established in State and Federal Clean Air Acts.

(b)Notice to Federal Land Managers.

(1) The Director shall notify any affected Federal Land Manager of the receipt of any permit application for a proposed major stationary source or major modification, emissions from which may affect a Class I area. Such notification must be made in writing within 30 days of receipt of an application for a permit to construct and at least 60 days prior to public hearing on the application. The notification must include a complete copy of the permit application. The Director shall also notify any affected Federal Land Manager within 30 days of receipt of any advance notification of such permit application.

(2) The permit application will contain an analysis on the impairment of visibility and an assessment of any anticipated adverse impacts on soils and vegetation in the vicinity of the source resulting from construction of the source.

(c)Visibility analysis. Any analysis performed by the Federal Land Manager shall be considered by the Director provided that the analysis is filed with the DEQ within 30 days of receipt of the application by the Federal Land Manager. Where the Director finds that such an analysis does not demonstrate to the satisfaction of the Director that an adverse impact on visibility will result in the Federal Class I area, the Director will, in any notice of public hearing on the permit application, either explain the decision or give notice as to where the explanation can be obtained.

(d)Permit denial. Upon presentation of good and sufficient information by a Federal Land Manager, the Director may deny the issuance of a permit for a source, if the emissions will adversely impact areas categorized as Class I areas even though the emissions would not cause the increment for such Class I areas to be exceeded.

Okla. Admin. Code § 252:100-8-36

Added at 15 Ok Reg 2590, eff 6-25-98; Amended at 23 Ok Reg 1699, eff 6-15-06