Okla. Admin. Code § 252:100-8-53

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

Section 252:100-8-53 - Exemptions

(a) The requirements in 40 CFR 51.165(a)(4) regarding exemption of fugitive emissions in determining if a source or modification is major are hereby incorporated by reference as they exist on July 2, 2007.

(b) Nonattainment area requirements do not apply to a particular source or modification locating in or impacting on a nonattainment area if the source or modification was not subject to 40 CFR Part 51, Appendix S (emission offset interpretative ruling) as it existed on January 16, 1979, and the source:

(1) obtained all final federal and state construction permits before August 7, 1980;

(2) commenced construction within 18 months from August 7, 1980, or any earlier time required by the State Implementation Plan; and,

(3) did not discontinue construction for a period of 18 months or more and completed construction within a reasonable time.

(c) Secondary emissions are excluded in determining the potential to emit. However, upon determination of the Director, if a source is subject to the requirements on the basis of its direct emissions, the applicable requirements must also be met for secondary emissions but the source would be exempt from the conditions of OAC 252:100-8-52(d) and 252:100-8-54(1) through 252:100-8-54(3). Also, the indirect impacts of mobile sources are excluded.

(d) As specified in the applicable definitions, the requirements of Part 7 for PSD and Part 9 for nonattainment areas of this Subchapter are not applicable to a modification if the existing source was not major on August 7, 1980, unless the proposed addition to the existing minor source is major in its own right.

Okla. Admin. Code § 252:100-8-53

Amended and renumbered from 252:100-7-53 at 15 Ok Reg 2590, eff 6-25-98; Amended at 23 Ok Reg 1699, eff 6-15-06; Amended at 26 Ok Reg 1146, eff 7-1-09