Construction permit

(a) Construction permit required. Except as provided in OAC 252:100-7-2(b)(5), a construction permit is required to commence construction or installation of a new facility or the modification of an existing facility as specified in OAC 252:100-7-15(a)(1) and (2). AQAC_2026_JUL_SC_7_8_10_RUL 4 June 15, 2026 (1) New Facility. No person shall cause or allow the construction or installation of any new minor facility other than a de minimis facility or a permit exempt facility as defined in OAC 252:100-7-1.1 without first obtaining a DEQ-issued air quality construction permit. (2) Modification of an existing facility. (A) A construction permit is required for any modification that would cause an existing facility to no longer qualify for de minimis status, permit exempt facility status, or its current permit category. (B) A construction permit is required for an existing facility covered by an individual permit: (i) to add an "affected facility," "affected source," or "new source" as those terms are defined in 40 CFR Section 60.2, 40 CFR Section 63.2, and 40 CFR Section 61.02, respectively, that is subject to an emission standard, equipment standard, or work practice standard in a federal NSPS (40 CFR Part 60) or a federal NESHAP (40 CFR Parts 61 and 63) or (ii) to add or physically modify a piece of equipment or a process that results in a permitted emissions increase of any one regulated air pollutant (excluding GHGs as individual pollutants and as an aggregate) by more than 5 TPY. (C) The requirement to obtain a construction permit under OAC 252:100-7-15(a)(2)(B)(i) does not apply to replacement of a piece of equipment, provided the replacement unit does not require a change in any emission limit in the existing permit, and the owner or operator notifies the DEQ in writing within fifteen (15) days of the startup of the replacement unit, and/or as otherwise specified by the permit. (b) Permit categories. Three types of construction permits are available: permit by rule, general permit, and individual permit. A permit by rule may be adopted or a general permit may be issued for an industry if there are a sufficient number of facilities that have the same or substantially similar operations, emissions, and activities that are subject to the same standards, limitations, and operating and monitoring requirements. (1) Permit by rule. An owner or operator of a minor facility may apply for registration under a permit by rule if the following criteria are met: (A) The facility has actual emissions of 40 TPY or less of each regulated air pollutant, except HAPs and GHGs (as individual pollutants and as an aggregate). (B) The facility does not emit or have the potential to emit 10 TPY or more of any single HAP or 25 TPY or more of any combination of HAPs. (C) The DEQ has established a permit by rule for the industry in Part 9 of this Subchapter. (D) The owner or operator of the facility certifies that it will comply with the applicable permit by rule. (E) The facility is not operated in conjunction with another facility or source that is subject to air quality permitting. (2) General permit. Minor facilities may qualify for authorization under a general permit if the following criteria are met: (A) The facility has actual emissions less than 100 TPY of each regulated air pollutant, except for HAPs and GHGs (as individual pollutants and as an aggregate). (B) The facility does not emit or have the potential to emit 10 TPY or more of any single HAP or 25 TPY or more of any combination of HAPs. (C) The DEQ has issued a general permit for the industry. AQAC_2026_JUL_SC_7_8_10_RUL 5 June 15, 2026 (3) Individual permit. The owners or operators of minor facilities requiring permits under this Subchapter which do not qualify for permit by rule or a general permit shall obtain individual permits. An owner or operator may apply for an individual permit even if the facility qualifies for a permit by rule or a general permit. (c) Content of construction permit application. Construction permit applications shall contain at least the data and information listed in OAC 252:100-7-15(c)(1) and (2). (1) Individual permit. An applicant for an individual construction permit shall provide data and information required by this Chapter on an application form available from the DEQ. Such data and information should include but not be limited to: (A) site information, (B) process description, (C) emission data, (D) BACT when required, (E)(D) sampling point data, (F)(E) modeling data when required, and (F) all information needed to meet the requirements of OAC 252:100-10-4, 10-5, and 10- 6 for any individual construction permit whose issuance will result in the creation of Emission Reduction Credits (ERCs) by a prospective ERC generator. (2) General permit. An applicant for authorization under a general permit shall provide data and information required by that permit on a form available from the DEQ. For general permits that provide for application through the filing of a notice of intent (NOI), authorization under the general permit is effective upon receipt of the NOI. (d) Permit contents. The construction permit: (1) Shall require the permittee to comply with all applicable air pollution rules. (2) Shall prohibit the exceedance of national ambient air quality standards contained in OAC 252:100-3. (3) May establish permit conditions and limitations as necessary to assure compliance with all rules. (e) Duty to comply with the construction permit. The permittee shall comply with all limitations and conditions of the construction permit. A violation of the limitations or conditions contained in the construction permit shall subject the owner or operator of a facility to any or all enforcement penalties, including permit revocation, available under the Oklahoma Clean Air Act and Air Pollution Control Rules. No operating permit will be issued until the violation has been resolved to the satisfaction of the DEQ. (f) Cancellation of authority to construct or modify. The authority to construct or modify granted by a duly issued construction permit will terminate (unless extended as provided below) if the construction is not commenced within 18 months of the permit issuance date, or if work is suspended for more than 18 months after it has commenced. (g) Extension of authorization to construct or modify. (1) Prior to the permit expiration date, a permittee may apply for extension of the permit by written request of the DEQ stating the reasons for the delay/suspension and providing justification for the extension. The DEQ may grant: (A) one extension of 18 months or less or (B) one extension of up to 36 months where the applicant is proposing to expand an already existing facility to accommodate the proposed new construction or the applicant has expended a significant amount of money (1% of total project cost as identified in the AQAC_2026_JUL_SC_7_8_10_RUL 6 June 15, 2026 original application, not including land cost) in preparation for meeting the definition of "commence construction" at the proposed site. (2) If construction has not commenced within three (3) years of the effective date of the original permit, the permittee must undertake and complete an appropriate available control technology review and an air quality analysis. This review must be approved by the DEQ before construction may commence. (h) Expiration of authorization to construct or modify. The authorization to construct or modify under the construction permit shall expire upon completion of the construction or modification, or as otherwise provided in (e), (f), or (g). However, the requirements established under (d) shall continue in effect until and unless the facility or affected unit ceases operations, was never constructed in the first place, or the requirement is superseded under a subsequently-issued construction permit or a FESOP that has undergone public review. SUBCHAPTER 8. PERMITS FOR PART 70 SOURCES AND MAJOR NEW SOURCE REVIEW (NSR) SOURCES PART 1. GENERAL PROVISIONS 252:100-8-1.1 Definitions The following words and terms, when used in this Subchapter, shall have the following meaning, unless the context clearly indicates otherwise. Except as specifically provided in this section, terms used in this Subchapter retain the meaning accorded them under the applicable requirements of the Act. "A stack in existence" means for purposes of OAC 252:100-8-1.5 that the owner or operator had: (A) begun, or caused to begin, a continuous program of physical on-site construction of the stack; or (B) entered into binding agreements or contractual obligations, which could not be canceled or modified without substantial loss to the owner or operator, to undertake a program of construction of the stack to be completed in a reasonable time. "Actual emissions" means, except for Parts 7 and 9 of this Subchapter, the total amount of any regulated air pollutant emitted from a given facility during a particular calendar year, determined using methods contained in OAC 252:100-5-2.1(d). "Adverse impact on visibility" means, for purposes of Parts 7 and 11, visibility impairment which interferes with the management, protection, preservation, or enjoyment of the visitor's visual experience of the Federal Class I area. This determination must be made by the DEQ on a case- by-case basis taking into account the geographic extent, intensity, duration, frequency and time of visibility impairments, and how these factors correlate with (1) times of visitor use of the Federal Class I area, and (2) the frequency and timing of natural conditions that reduce visibility. This term does not include effects on integral vistas. "Dispersion technique" means for purposes of OAC 252:100-8-1.5 any technique which attempts to affect the concentration of a pollutant in the ambient air by using that portion of a stack which exceeds good engineering practice stack height; varying the rate of emission of a pollutant according to atmospheric conditions or ambient concentrations of that pollutant; or increasing final exhaust gas plume rise by manipulating source process parameters, exhaust gas parameters, stack parameters or combining exhaust gases from several existing stacks into one stack, or other AQAC_2026_JUL_SC_7_8_10_RUL 7 June 15, 2026 selective handling of exhaust gas streams so as to increase the exhaust gas plume rise. The preceding sentence does not include: (A) The reheating of a gas stream, following use of a pollution control system, for the purpose of returning the gas to the temperature at which it was originally discharged from the facility generating the gas stream. (B) The merging of exhaust gas streams where: (i) the source owner or operator documents that the facility was originally designed and constructed with such merged streams; (ii) after July 8, 1985, such merging is part of a change in operation at the facility that includes the installation of pollution controls and is accompanied by a net reduction in the allowable emissions of a pollutant. This exclusion from "dispersion technique" applicability shall apply only to the emission limitation for the pollutant affected by such change in operation; or (iii) before July 8, 1985, such merging was part of a change in operation at the facility that included the installation of emissions control equipment or was carried out for sound economic or engineering reasons. Where there was an increase in the emission limitation or, in the event that no emission limitation existed prior to the merging, there was an increase in the quantity of pollutants actually emitted prior to the merging, it shall be presumed that merging was primarily intended as a means of gaining emissions credit for greater dispersion. Before such credit can be allowed, the owner or operator must satisfactorily demonstrate that merging was not carried out for the primary purpose of gaining credit for greater dispersion. (C) Manipulation of exhaust gas parameters, merging of exhaust gas streams from several existing stacks into one stack, or other selective handling of exhaust gas streams so as to increase the exhaust gas plume rise in those cases where the resulting allowable emissions of sulfur dioxide from the facility do not exceed 5,000 tons per year. "Emission limitations and emission standards" means for purposes of OAC 252:100-8-1.5 requirements that limit the quantity, rate or concentration of emissions of air pollutants on a continuous basis, including any requirements that limit the level of opacity, prescribe equipment, set fuel specifications or prescribe operation or maintenance procedures for a source to assure continuous reduction. "Emission Reduction Credit" or "ERC" means a documented decrease in actual emissions which are permanent, verifiable, and federally enforceable. An ERC does not constitute a property right. Requirements for generation, use, and tracking of ERCs are codified in OAC 252:100-10. "Emission Reduction Credit generator" or "ERC generator" means the owner or operator of a facility that obtains an NSR permit that results in the creation of ERCs. Requirements for generation, use, and tracking of ERCs are codified in OAC 252:100-10. "Emission Reduction Credit user" or "ERC user" means the owner or operator of a facility that obtains and extinguishes ERCs as part of a permitting action to offset project emission increases to mitigate adverse air quality impacts and to ensure that the project results in an improvement in air quality due to a reduction of airshed emissions compared to a no project alternative. "Natural conditions" includes naturally occurring phenomena that reduce visibility as measured in terms of light extinction, visual range, contrast, or coloration. "Secondary emissions" means, for purposes of Parts 7 and 9 of this Subchapter, emissions which occur as a result of the construction or operation of a major stationary source or AQAC_2026_JUL_SC_7_8_10_RUL 8 June 15, 2026 modification, but do not come from the source or modification itself. Secondary emissions must be specific, well defined, quantifiable, and impact the same general areas as the source or modification which causes the secondary emissions. Secondary emissions may include, but are not limited to: (A) emissions from trains coming to or from the new or modified stationary source; and, (B) emissions from any offsite support facility which would not otherwise be constructed or increase its emissions as a result of the construction or operation of the major source or modification. "Stack" means for purposes of OAC 252:100-8-1.5 any point in a source designed to emit solids, liquids or gases into the air, including a pipe or duct but not including flares. "Visibility impairment" means any humanly perceptible reduction in visibility (light extinction, visual range, contrast, and coloration) from that which would have existed under natural conditions. PART 5. PERMITS FOR PART 70 SOURCES