Definitions

The following words and terms when used in this Subchapter shall have the following meaning unless the context clearly indicates otherwise: "Actual emissions" means the total amount of any regulated air pollutant actually emitted from a given facility during a particular calendar year, determined using methods contained in OAC 252:100-5-2.1(d). "Administratively complete" means an application that provides: (A) All information required under OAC 252:100-7-15(c) and 252:100-7-18(e); (B) A landowner affidavit as required by OAC 252:4-7-13(b); (C) The appropriate application fees as required by OAC 252:100-7-3; and (D) Valid certification by the applicant. "Best Available Control Technology" or "BACT" means the best control technology that is currently available as determined by the Director on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs. "Commence" means, as applied to the construction or modification of a minor facility to which neither a NSPS or NESHAP applies, that the owner or operator has begun the construction or installation of the emitting equipment on a pad or in the final location at the facility. "De minimis facility" means a facility that meets the requirements contained in paragraphs (A) and (B) of this definition. (A) All the air pollutant emitting activities at the facility are on the de minimis list contained in Appendix H or the facility meets all of the following de minimis criteria: (i) The facility has actual emissions of 5 TPY or less of each regulated air pollutant, except: (I) that fraction of particulate matter that exhibits an aerodynamic particulate diameter of more than 10 micrometers (μm) and (II) GHGs as individual pollutants and as an aggregate. (ii) The facility is not a "major source" as defined in OAC 252:100-8-2. (iii) The facility is not a "major stationary source" as defined in OAC 252:100-8-31 for facilities in attainment areas. (iv) The facility is not a "major stationary source" as defined in OAC 252:100-8-51 for facilities in nonattainment areas. (v) The facility is not operated in conjunction with another facility or source that is subject to air quality permitting. (vi) The facility has not opted to obtain or retain an Air Quality Division permit. 2024_Oct_AQAC_SC_5_7_8_RUL_Presented 5 October 15, 2024 (B) The facility is not subject to the Federal NSPS (40 CFR Part 60) or the Federal NESHAP (40 CFR Parts 61 and 63). "Emergency engine" means a stationary engine used to resume essential operations or ensure safety during sudden and unexpected occurrences including but not limited to loss of electrical power, fire, and/or flood. "Facility" means all of the pollutant-emitting activities that meet all the following conditions: (A) Are under common control. (B) Are located on one or more contiguous or adjacent properties. (C) Have the same two-digit primary SIC Code (as described in the Standard Industrial Classification Manual, 1987). "Federally Enforceable State Operating Permit" or "FESOP" means an operating permit issued under Subchapter 7 of this Chapter, including operating permits issued under the provisions of 252:4-7-33(a)(2). As such, for the purposes of this subchapter, "FESOP" and "operating permit" are synonymous. "FESOP Enhanced NSR process" means a process under which the evaluation of requirements applicable under NSR is integrated with a determination of procedural and compliance requirements under the DEQ's FESOP program. This process is only available for facilities already operating under a FESOP permit. Under a FESOP enhanced NSR process, the 30-day public and EPA review period of a draft NSR permit is integrated with the review of the draft FESOP modification, and results in the issuance of a minor source construction permit whose applicable FESOP implications have also been reviewed. Later the requirements of the construction permit may be incorporated into a modified FESOP using the minor source operating permit modification process, without further public or EPA review, as authorized in OAC 252:4- 7-13(g)(9) and OAC 252:100-7-18(f). "Gasoline dispensing facility" means any stationary facility which dispenses gasoline into the fuel tank of a motor vehicle, motor vehicle engine, nonroad vehicle, or nonroad engine, including a nonroad vehicle or nonroad engine used solely for competition. These facilities include, but are not limited to, facilities that dispense gasoline into on- and off-road, street, or highway motor vehicles, lawn equipment, boats, test engines, landscaping equipment, generators, pumps, and other gasoline-fueled engines and equipment, as these terms are used in 40 CFR Part 63 Subpart CCCCCC. "Hazardous Air Pollutant" or "HAP" means any hazardous air pollutant regulated under Section 112 of the Federal Clean Air Act, 42 U.S.C. Section 7412, and subject to NESHAP. "Minor facility" means a facility which is not a Part 70 source. "National Emission Standards for Hazardous Air Pollutants" or "NESHAP" means those standards as published by the Administrator of the U.S. Environmental Protection Agency (EPA) pursuant to Section 112 of the Federal Clean Air Act, 42 U.S.C. Section 7412. "New portable source" means a portable source that has never operated within the State of Oklahoma. This includes sources that are initially constructed and existing facilities that are relocating into Oklahoma from another state. "New Source Performance Standards" or "NSPS" means those standards found in 40 CFR Part 60. "Permit exempt facility" means a facility that: (A) has actual emissions in every calendar year that are 40 TPY or less of each regulated air pollutant (excluding GHGs as individual pollutants and as an aggregate); (B) is not a de minimis facility as defined in OAC 252:100-7-1.1; 2024_Oct_AQAC_SC_5_7_8_RUL_Presented 6 October 15, 2024 (C) is not a "major source" as defined in OAC 252:100-8-2 for Part 70 sources; (D) is not a "major stationary source" as defined in OAC 252:100-8-31 for PSD facilities in attainment areas; (E) is not a "major stationary source" as defined in OAC 252:100-8-51 for facilities in nonattainment areas; (F) is not operated in conjunction with another facility or source that is subject to air quality permitting; (G) is not subject to an emission standard, equipment standard, or work practice standard in the Federal NSPS (40 CFR Part 60) or the Federal NESHAP (40 CFR Parts 61 and 63); and (H) is not subject to the requirements of OAC 252:100-39-47. "Portable source" means a source with design and intended use to allow disassembly or relocation. "Relocate" means to move a source from one geographical location to another. The term does not include minimal moves within the facility boundaries. "Regulated air pollutant" means any substance or group of substances listed in Appendix P of this Chapter, or any substance regulated as an air pollutant under any federal regulation for which the Department has been given authority, or any other substance for which an air emission limitation or equipment standard is set by an enforceable permit. "Replacement unit" means an emissions unit for which all the criteria listed in paragraphs (A) through (D) of this definition are met. (A) The emissions unit is a reconstructed unit within the meaning of 40 C.F.R. Section 60.15(b)(1), the emissions unit is a reconstructed unit within the meaning of paragraph (1) in the definition of "Reconstruction" in 40 C.F.R. Section 63.2, or the emissions unit completely takes the place of an existing emissions unit. (B) The emissions unit is identical to or functionally equivalent to the replaced emissions unit. (C) The replacement unit does not alter the basic design parameter(s) of the process unit. (D) The replaced emissions unit is permanently removed from the source, otherwise permanently disabled, or permanently barred from operating by a permit that is enforceable as a practical matter. If the replaced emissions unit is brought back into operation, it shall constitute a new emissions unit. "Traditional NSR process" means a process under which the evaluation of requirements applicable under NSR is performed independently of the determination of procedural and compliance requirements under the FESOP program. This process is required for facilities that have not yet received a FESOP, but it may also be used (as an alternative to the FESOP Enhanced NSR process) for facilities that have already received a FESOP. The traditional NSR process provides a 30-day public and EPA review period on the draft construction (NSR) permit, as described in OAC 252:100-7-17 and OAC 252:4-7. This process is independent of the subsequent application, review, and issuance process for the source's initial or modified FESOP that also includes a 30-day public and EPA review period, as described in OAC 252:100-7-18 and OAC 252:4-7.