OAC 252:100-8-34
Control technology review
Cite as Okla. Admin. Code § 252:100-8-34
(a) Requirement to comply with rules and regulations. A major stationary source or major
modification shall meet each applicable emissions limitation under OAC 252:100 and each
applicable emission standard and standard of performance under 40 CFR parts 60 and 61.
(b) Requirement to apply best available control technology (BACT).
(1) A new major stationary source shall apply BACT for each regulated NSR pollutant that it
would have the potential to emit in significant amounts.
(2) A major modification shall apply BACT for each regulated NSR pollutant for which it
would be a significant net emissions increase at the source. This requirement applies to each
proposed emissions unit at which a net emissions increase in the pollutant would occur as a
result of a physical change or change in the method of operation in the unit.
(3) For phased construction projects the determination of BACT shall be reviewed and
modified at the discretion of the Director at a reasonable time but no later than 18 months prior
to commencement of construction of each independent phase of the project. At such time the
owner or operator may be required to demonstrate the adequacy of any previous determination
of BACT.
(c) Requirement to apply control technology meeting lowest achievable emission rate
(LAER).
(1) A new major stationary source that uses ERCs to offset air quality impacts of project
emission increases shall apply LAER for each regulated NSR pollutant whose emissions were
offset.
(2) A major modification that uses ERCs to offset air quality impacts of project emission
increases shall apply LAER for each regulated NSR pollutant whose emissions were offset.
This requirement applies to each proposed emissions unit at which a net emissions increase in
the pollutant would occur as a result of a physical change or change in the method of operation
in the unit.
(3) For phased construction projects the determination of LAER shall be reviewed and
modified at the discretion of the Director at a reasonable time but no later than 18 months prior
to commencement of construction of each independent phase of the project. At such time the
owner or operator may be required to demonstrate the adequacy of any previous determination
of LAER.
(4) If the Director determines that imposition of an enforceable numerical emission standard
is infeasible due to technological or economic limitations on measurement methodology, a
design, equipment, work practice or operational standard, or combination thereof, may be
prescribed as the emission limitation rate.