Okla. Admin. Code § 252:100-42-30

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

Section 252:100-42-30 - Areas of concern

(a)Designation.

(1)Proposed AOC.

(A) The Director may propose designation of an Area of Concern (AOC) for a TAC when it is demonstrated by monitoring that the MAAC for that TAC is exceeded in such a way as to endanger the public health.

(B) Excess emissions caused by malfunction shall not form the basis for an AOC designation.

(2)AOC boundaries.

(A) The boundaries of the AOC will be determined by monitoring, modeling, or other means approved by the Director.

(B) The impact of TAC emissions from stationary, mobile, and biogenic sources shall be considered in determining the boundaries for an AOC.

(3)Monitoring and modeling.

(A)AOC and boundaries. Monitoring and modeling for the proposed AOC and its boundaries will be performed by the Department in accordance with the requirements of 42-30(a)(3)(D)(i) and (ii); however, the Department will accept monitoring and modeling from other sources if such monitoring and modeling meet the requirements of 42-30(a)(3)(D)(i) and (ii), respectively.

(B)Decision to monitor. The decision to monitor for TAC MAAC exceedance in an area will be based on but not limited to:

(i) complaints received from the public;

(ii) information collected during compliance evaluations;

(iii) emission inventory data; or

(iv) EPA reports.

(C)Monitoring sites. Monitors for TAC shall only be placed in areas where human health may be endangered by emissions of TAC.

(D)Acceptable monitoring and modeling methods.

(i)Risk assessment and monitoring.

(I) All risk assessment and monitoring methods used by the Department for purposes of this Subchapter shall be consistent with those in Volumes 1 and 2 of the United States Environmental Protection Agency Air Toxics Risk Assessment (ATRA) Reference Library, April 2004; documents referenced in ATRA; and State requirements in OAC 252:100-43.

(II) The Department will analyze the data collected from each monitoring location to determine the 95% upper confidence limit (95% UCL) for the mean ambient concentration for each TAC/monitor combination. The 95% UCL will be determined using at least 10 samples taken over a period of at least 30 days and will be the concentration used for comparison with the TAC MAAC action level for each monitoring location.

(ii)Modeling.

(I) All applications of air quality modeling shall be based on the applicable models, databases, and other requirements specified in appendix W of 40 CFR Part 51 Guideline on Air Quality Models and in OAC 252:100-8-35(e).

(II) Where an air quality model specified in appendix W of 40 CFR Part 51 Guideline on Air Quality Models is inappropriate, the model may be modified or another substituted. Such modification or substitution will be considered on a case-by-case basis. When modeling is performed by owners or operators of stationary sources, written approval of the Director must be obtained for any modification or substitution.

(4)Final designation. The Director shall not make a final designation of an AOC until at least 30 days following the public meeting held pursuant to subsection 42-30(c) below.

(b)Public notification. At least 30 days prior to the public meeting set forth in subsection 42-30(c) below, the Department shall publish notice of the boundaries and the availability of information associated with the proposed AOC.

(1) The notice shall be published on the Department website, in two newspapers circulated statewide, and in one newspaper local to the AOC.

(2) The notice shall identify locations where information may be reviewed.

(3) The notice shall include the date, time, and place for the public meeting on the proposed designation.

(4) The notice shall identify the process by which written comments regarding the proposed designation may be submitted to the Department.

(c)Public meeting. The Department shall schedule and hold a public meeting. Any local community meeting to be held on the proposed designation may be combined with the public meeting authorized by this Section.

Okla. Admin. Code § 252:100-42-30

Added at 23 Ok Reg 17, eff 8-11-05 (emergency); Added at 23 Ok Reg 923, eff 6-15-06