Okla. Admin. Code § 252:100-8-7.1

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

Section 252:100-8-7.1 - Permit renewal and expiration

(a)Timely application for permit renewal.

(1) Applications for permit renewal and for permits for new Part 70 sources or amendments, shall be considered timely if the applicant meets the requirements of this subsection.

(2) Stationary sources operating under permits issued by the DEQ under this Subchapter shall apply for permit reissuance at least 180 days before the expiration of the existing permit, unless the permit specifies that the application must be submitted sooner. The DEQ shall require in a permit that a reissuance application be submitted sooner if it determines that an earlier application is needed to minimize the possibility of expiration prior to reissuance. The DEQ may make the determination if it anticipates a relatively lengthy permit review process due to the complexity of the stationary source or anticipated involvement of the public. In no event shall the permit require application for reissuance sooner than eighteen months prior to the expiration of the permit.

(b)Application content for renewal of expiring permit. In submitting an application for renewal of a Part 70 operating permit, a source may identify and incorporate by reference terms and conditions in its previous permit and permit application(s) that should remain unchanged. In addition, a renewal application must contain:

(1) information specified in 252:100-8-5(e) for those products, processes, operations, and emissions:

(A) That are not addressed in the existing permit;

(B) That are subject to applicable requirements or state-only requirements that are not addressed in the existing permit; or

(C) For which the source seeks permit terms and conditions that differ from those in the existing permit; and

(2) a compliance plan and certification as required in 252:100-8-5(e)(8) and (9).

(c)Issuance of renewal permit. Applications for permit renewal shall be subject to the same procedural requirements, including those for public participation, affected State comment, and EPA review, that apply to initial permit issuance under 252:100-8-7(a).

(d)Expiration of permit.

(1) A source's right to operate shall terminate upon the expiration of its permit unless a timely and complete renewal application has been submitted at least 180 days before the date of expiration.

(2) If a timely and complete application for a permit renewal is submitted, but the DEQ fails to take final action to issue or deny the renewal permit before the end of the term of the previous permit, then the permit shall not expire until the renewal permit has been issued or denied, and any permit shield granted for the permit shall continue in effect during that time.

Okla. Admin. Code § 252:100-8-7.1

Added at 15 Ok Reg 2590, eff 6-25-98