[NEW]

AUTHORITY: Environmental Quality Board; 27A O.S., §§ 2-2-101, 2-2-201 and 2-5-101, et seq. DATES: Comment period: June 15, 2005 through July 20, 2005 September 15, 2005 through October 19, 2005 December 15, 2005 through January 18, 2006 February 24, 2006 Public hearing: July 20, 2005 October 19, 2005 January 18, 2006 February 24, 2006 Adoption: February 24, 2006 Submitted to Governor: March 3, 2006 Submitted to House: March 3, 2006 Submitted to Senate: March 3, 2006 Gubernatorial approval: April 17, 2006 Legislative approval: Failure of the Legislature to disapprove the rules resulted in approval on April 28, 2006 Final adoption: April 28, 2006 Effective: June 15, 2006 SUPERSEDED EMERGENCY ACTIONS: None INCORPORATIONS BY REFERENCE: Incorporated standards: 40 CFR 51.166(w) with some exceptions 40 CFR 51.165(a)(1) with some exceptions 40 CFR 51.165(a)(3) except (a)(3)(ii)(H) and (I) 40 CFR 51.165(b) 40 CFR 51.165(a)(4) 40 CFR 51.165(a)(5) 40 CFR 51.165(a)(6)(i) through (v) 40 CFR 51.165(a)(7) 40 CFR 51.165(f) with exceptions Incorporating rules: 252:100-8-38 252:100-8-50.1 252:100-8-51 252:100-8-51.1 252:100-8-52(1) 252:100-8-53(a) 252:100-8-55(b) 252:100-8-55(c) 252:100-8-55(d) 252:100-8-56 Availability: The rules are available to the public for examination at the Department of Environmental Quality office at 707 North Robinson, 4th Floor, Oklahoma City, Oklahoma. ANALYSIS: The Department of Environmental Quality (DEQ) is proposing amendments to Subchapter 8, Part 70 Sources. DEQ proposes to revise Parts 7 and 9 of Subchapter 8 to incorporate the Environmental Protection Agency's (EPA) revisions to the New Source Review (NSR) permitting program under the Federal Clean Air Act. These proposed amendments contain revisions to the method of determining what should be classified as a modification subject to major NSR and includes Plantwide Applicability Limitations (PAL) Exclusions. These proposed amendments should result in fewer modifications to major NSR sources being considered major and therefore requiring a Prevention of Significant Deterioration (PSD) permit and the use of Best Available Control Technology (BACT). The proposed amendments also include other NSR revisions not previously incorporated by DEQ and some changes in location of some definitions to reduce redundancy. As part of the revision DEQ proposes to make the following changes to Section 8-1.1 in Part 1: 1) move 8 definitions to Subchapter 1; delete 2 definitions from Section 8-1.1 because they are the same as those in Subchapter 1; move paragraph (B) of the definition of "begin actual construction" to Section 8-2 in Part 5; move 8 definitions to 8-31 in Part 7; and move 3 definitions that were previously located in Section 8-31 to Section 8-1.1. In 8-2 of Part 5, DEQ proposes to revise the definition of "insignificant activities" to reflect the changes made to Subchapter 41 and the new Subchapter 42. CONTACT PERSON: Joyce D. Sheedy, Department of Environmental Quality, Air Quality Division, 707 North Robinson, P.O. Box 1677, Oklahoma City, Oklahoma 73101-1677, (405) 794-6800 PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTION 308.1(A), WITH AN EFFECTIVE DATE OF JUNE 15, 2006: SUBCHAPTER 1. GENERAL PROVISIONS The following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise or unless defined specifically for a Subchapter, section, or subsection in the Subchapter, section, or subsection. "Act" means the Federal Clean Air Act, as amended, 42 U.S.C. 7401 et seq. "Administrator" means, unless specifically defined otherwise, the Administrator of the United States Environmental Protection Agency (EPA) or the Administrator's designee. "Air contaminant source" means any and all sources of emission of air contaminants, whether privately or publicly owned or operated, or person contributing to emission of air contaminants. Without limiting the generality of the foregoing, this term includes all types of business, commercial and industrial plants, works, shops and stores, heating and power plants or stations, buildings and other structures of all types. "Air pollution abatement operation" means any operation which has as its essential purpose a significant reduction in: (A) the emission of air contaminants, or (B) the effect of such emission. "Air pollution episode" means high levels of air pollution existing for an extended period (24 hours or more) of time which may cause acute harmful health effects during periods of atmospheric stagnation, without vertical or horizontal ventilation. This occurs when there is a high pressure air mass over an area, a low wind speed and there is a temperature inversion. Other factors such as humidity may also affect the episode conditions. "Ambient air standards" or "Ambient air quality standards" means levels of air quality as codified in OAC 252:100-3. "Atmosphere" means the air that envelops or surrounds the earth. "Best available control technology" or "BACT" means the best control technology that is currently available as determined by the Division Director on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs of alternative control systems. "Building, structure, facility, or installation" means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control). Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same "Major Group" (i.e., which have the same two-digit code) as described in the Standard Industrial Classification Manual, 1972, as amended by the 1977 Supplement. "Catalytic cracking unit" means a unit composed of a reactor, regenerator and fractionating towers which is used to convert certain petroleum fractions into more valuable products by passing the material through or commingled with a bed of catalyst in the reactor. Coke deposits produced on the catalyst during cracking are removed by burning off in the regenerator. "Combustible materials" means any substance which will readily burn and shall include those substances which, although generally considered incombustible, are or may be included in the mass of the material burned or to be burned. "Commence" means, unless specifically defined otherwise, that the owner or operator of a facility to which neither a NSPS or NESHAP applies has begun the construction or installation of the emitting units on a pad or in the final location at the facility. "Complete" means in reference to an application for a permit, the application contains all the information necessary for processing the application. Designating an application complete for purposes of permit processing does not preclude the reviewing authority Director from requesting or accepting any additional information. "Construction" means, unless specifically defined otherwise, fabrication, erection, or installation of a source. "Crude oil" means a naturally occurring hydrocarbon mixture which is a liquid at standard conditions. It may contain sulfur, nitrogen and/or oxygen derivatives of hydrocarbon. "Division" means Air Quality Division, Oklahoma State Department of Environmental Quality. "Dust" means solid particulate matter released into or carried in the air by natural forces, by any fuel-burning, combustion, process equipment or device, construction work, mechanical or industrial processes. "EPA" means the United States Environmental Protection Agency. "Excess emissions" means the emission of regulated air pollutants in excess of an applicable limitation or requirement as specified in the applicable limiting Subchapter, permit, or order of the DEQ. This term does not include fugitive VOC emissions covered by an existing leak detection and repair program that is required by a federal or state regulation. "Existing source" means, unless specifically defined otherwise, an air contaminant source which is in being on the effective date of the appropriate Subchapter, section, or paragraph of these rules. "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" means all limitations and conditions which are enforceable by the Administrator, including those requirements developed pursuant to 40 CFR parts 60 and 61, requirements within any applicable State implementation plan, any permit requirements established pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR part 51, subpart I, including operating permits issued under an EPA-approved program that is incorporated into the State implementation plan and expressly requires adherence to any permit issued under such program. "Fuel-burning equipment" means any one or more of boilers, furnaces, gas turbines or other combustion devices and all appurtenances thereto used to convert fuel or waste to usable heat or power. "Fugitive dust" means solid airborne particulate matter emitted from any source other than a stack or chimney. "Fugitive emissions" means, unless specifically defined otherwise, those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. "Fume" means minute solid particles generated by the condensation of vapors to solid matter after volatilization from the molten state, or generated by sublimation, distillation, calcination, or chemical reaction when these processes create airborne particles. "Garbage" means all putrescible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food. "In being" means as used in the definitions of New Installation and Existing Source that an owner or operator has undertaken a continuous program of construction or modification or the owner or operator has entered into a binding agreement or contractual obligation to undertake and complete within a reasonable time a continuous program of construction or modification prior to the compliance date for installation as specified by the applicable regulation. "Incinerator" means a combustion device specifically designed for the destruction, by high temperature burning, of solid, semi-solid, liquid, or gaseous combustible wastes and from which the solid residues contain little or no combustible material. "Installation" means an identifiable piece of process equipment. "Lowest achievable emissions rate" or "LAER" means, for any source, the more stringent rate of emissions based on paragraphs (A) and (B) of this definition. This limitation, when applied to a modification, means the lowest achievable emissions rate for the new or modified emissions units within a stationary source. In no event shall the application of LAER allow a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under applicable standard of performance for the new source. (A) LAER means the most stringent emissions limitation which is contained in the implementation plan of any State for such class or category of stationary source, unless the owner or operator of the proposed stationary source demonstrates that such limitations are not achievable, or (B) LAER means the most stringent emissions limitation which is achieved in practice by such class or category of stationary sources. "Major source" means any new or modified stationary source which directly emits or has the capability at maximum design capacity and, if appropriately permitted, authority to emit 100 tons per year or more of a given pollutant. (OAC 252:100-8, Part 3) "Malfunction" means any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, process equipment, or a process to operate in a normal or usual manner. Failures that are caused in part by poor maintenance or careless operation are not malfunctions. "Mist" means a suspension of any finely divided liquid in any gas or atmosphere excepting uncombined water. "Modification" means any physical change in, or change in the method of operation of, a source which increases the amount of any air pollutant emitted by such source or which results in the emission of any air pollutant not previously emitted, except that: (A) routine maintenance, repair and replacement shall not be considered physical changes; and, (B) the following shall not be considered a change in the method of operation: (i) any increase in the production rate, if such increase does not exceed the operating design capacity of the source; (ii) an increase in hours of operation; (iii) use of alternative fuel or raw material if, prior to the date any standard under this part becomes applicable to such source the affected facility is designed to accommodate such alternative use. "National Emission Standards for Hazardous Air Pollutants" or "NESHAP" means those standards found in 40 CFR Parts 61 and 63. "New installation", "New source", or "New equipment" means an air contaminant source which is not in being on the effective date of these regulations and any existing source which is modified, replaced, or reconstructed after the effective date of the regulations such that the amount of air contaminant emissions is increased. "New Source Performance Standards" or NSPS" means those standards found in 40 CFR Part 60. "Opacity" means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background. "Open burning" means the burning of combustible materials in such a manner that the products of combustion are emitted directly to the outside atmosphere. "Owner or operator" means any person who owns, leases, operates, controls or supervises a source. "Part 70 permit" means (unless the context suggests otherwise) any permit or group of permits covering a Part 70 source that is issued, renewed, amended, or revised pursuant to this Chapter. "Part 70 program" means a program approved by the Administrator under 40 CFR Part 70. "Part 70 source" means any source subject to the permitting requirements of Part 5 of Subchapter 8, as provided in OAC 252:100-8-3(a) and (b). "PM-10 emissions" means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers, as measured during a stack test of the source's emissions. "PM-10 (particulate matter - 10 micrometers)" means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by a federal reference method based on Appendix J of 40 CFR Part 50. "Particulate matter" means any material that exists in a finely divided form as a liquid or a solid. "Particulate matter emissions" means particulate matter emitted to the ambient air as measured by applicable reference methods, or an equivalent or alternative method. "Potential to emit" means the maximum capacity of a source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is enforceable. Secondary emissions do not count in determining the potential to emit of a source. "Prevention of significant deterioration" or "PSD" means increments for the protection of attainment areas as codified in OAC 252:100-3. "Process equipment" means any equipment, device or contrivance for changing any materials or for storage or handling of any materials, the use or existence of which may cause any discharge of air contaminants into the open air, but not including that equipment specifically defined as fuel-burning equipment, or refuse-burning equipment. "Process weight" means the weight of all materials introduced in a source operation, including solid fuels, but excluding liquids and gases used solely as fuels, and excluding air introduced for the purposes of combustion. Process weight rate means a rate established as follows: (A) for continuous or long-run, steady-state, operations, the total process weight for the entire period of continuous operation or for a typical portion thereof, divided by the number of hours of such period or portion thereof. (B) for cyclical or batch source operations, the total process weight for a period which covers a complete or an integral number of cycles, divided by the hours of actual process operation during such period. (C) where the nature of any process or operation or the design of any equipment is such as to permit more than one interpretation of this definition, that interpretation which results in the minimum value for allowable emission shall apply. "Reasonably available control technology" or "RACT" means devices, systems, process modifications, or other apparatus or techniques that are reasonably available taking into account: (A) The necessity of imposing such controls in order to attain and maintain a national ambient air quality standard; (B) The social, environmental, and economic impact of such controls; and (C) Alternative means of providing for attainment and maintenance of such standard. "Reconstruction" means (A) the replacement of components of an existing source to the extent that will be determined by the Executive Director based on: (i) the fixed capital cost (the capital needed to provide all the depreciable components of the new components exceeds 50 percent of the fixed capital cost of a comparable entirely new source); (ii) the estimated life of the source after the replacements is comparable to the life of an entirely new source; and, (iii) the extent to which the components being replaced cause or contribute to the emissions from the source. (B) a reconstructed source will be treated as a new source for purposes of OAC 252:100-8, Part 9. "Refinery" means any facility engaged in producing gasoline, kerosene, fuel oils or other products through distillation of crude oil or through redistillation, cracking, or reforming of unfinished petroleum derivatives. "Refuse" means, unless specifically defined otherwise, the inclusive term for solid, liquid or gaseous waste products which are composed wholly or partly of such materials as garbage, sweepings, cleanings, trash, rubbish, litter, industrial, commercial and domestic solid, liquid or gaseous waste; trees or shrubs; tree or shrub trimmings; grass clippings; brick, plaster, lumber or other waste resulting from the demolition, alteration or construction of buildings or structures; accumulated waste material, cans, containers, tires, junk or other such substances. "Refuse-burning equipment" means any equipment, device, or contrivance, and all appurtenances thereto, used for the destruction of combustible refuse or other combustible wastes by burning. "Responsible official" means one of the following: (A) For a corporation: a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall production, or operating facilities applying for or subject to a permit and either: (i) The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or (ii) The delegation of authority to such representatives is approved in advance by the DEQ; (B) For the partnership or sole proprietorship: a general partner or the proprietor, respectively; (C) For a municipality, state, federal, or other public agency: Either a principal executive officer or ranking elected official. For purposes of this Chapter, a principal executive officer or installation commander of a federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of EPA); or (D) For affected sources: (i) The designated representative insofar as actions, standards, requirements, or prohibitions under Title IV of the Act or the regulations promulgated thereunder are concerned; and (ii) The designated representative for any other purposes under this Chapter. "Shutdown" means the cessation of operation of any process, process equipment, or air pollution control equipment. "Smoke" means small gas-borne or air-borne particles resulting from combustion operations and consisting of carbon, ash, and other matter any or all of which is present in sufficient quantity to be observable. "Source operation" means the last operation preceding the emission of an air contaminant, which operation: (A) results in the separation of the air contaminant from the process materials or in the conversion of the process materials into air contaminants, as in the case of combustion of fuel; and, (B) is not an air pollution abatement operation. "Stack" means, unless specifically defined otherwise, any chimney, flue, duct, conduit, exhaust, pipe, vent or opening, excluding flares, designed or specifically intended to conduct emissions to the atmosphere. "Standard conditions" means a gas temperature of 68 degrees Fahrenheit (20°Centigrade) and a gas pressure of 14.7 pounds per square inch absolute. "Startup" means the setting into operation of any process, process equipment, or air pollution control equipment. "Stationary source" means, unless specifically defined otherwise, any building, structure, facility, or installation either fixed or portable, whose design and intended use is at a fixed location and emits or may emit an air pollutant subject to OAC 252:100. "Total Suspended Particulates" or "TSP" means particulate matter as measured by the high- volume method described in Appendix B of 40 CFR Part 50. "Temperature inversion" means a phenomenon in which the temperature in a layer of air increases with height and the cool heavy air below is trapped by the warmer air above and cannot rise. "Visible emission" means any air contaminant, vapor or gas stream which contains or may contain an air contaminant which is passed into the atmosphere and which is perceptible to the human eye. "Volatile organic compound" or "VOC" means any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonates, which participates in atmospheric photochemical reactions. Any organic compound listed in 40 CFR 51.100(s)(1) will be presumed to have negligible photochemical reactivity and will not be considered to be a VOC. SUBCHAPTER 8. PERMITS FOR PART 70 SOURCES PART 1. GENERAL PROVISIONS ns 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. "Act" means the federal Clean Air Act, as amended, 42 U.S.C. 7401 et seq. "Actual emissions" means, except for Parts 7 and 9 of this Subchapter, the total amount of regulated air pollutants emitted from a given facility during a particular calendar year, determined using methods contained in OAC 252:100-5-2.1(d). "Administrator" means the Administrator of the United States Environmental Protection Agency (EPA) or the Administrator's designee. "Allowable emissions" means, for purposes of Parts 7 and 9 of this Subchapter, the emission rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to enforceable limits which restrict the operating rate, or hours of operation, or both) and the most stringent of the following: (A) the applicable standards as set forth in 40 CFR Parts 60 and 61; (B) the applicable State rule allowable emissions; or, (C) the emissions rate specified as an enforceable permit condition. "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. "Begin actual construction" means: (A) for purposes of Parts 7 and 9 of this Subchapter, in general, initiation of physical on-site construction activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. With respect to a change in method of operation this term refers to those on-site activities, other than preparatory activities, which mark the initiation of the change. (B) for purposes of Part 5 of this Subchapter, 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. "Best available control technology" or "BACT" means the control technology to be applied for a major source or modification is the best that is available as determined by the Director on a case-by-case basis taking into account energy, environmental, and economic impacts and other costs of alternate control systems. "Building, structure, facility, or installation" means, for purposes of Parts 7 and 9 of this Subchapter, all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person or persons under common control. Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same "Major Group" (i.e., which have the same two-digit code), as described in the Standard Industrial Classification manual, 1972, as amended by the 1977 Supplement. "Commence" for purposes of Parts 7 and 9 of this Subchapter means, as applied to construction of a major stationary source or major modification, that the owner or operator has all necessary preconstruction approvals or permits and either has: (A) begun, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time; or, (B) entered into binding agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time. "Construction" means, for purposes of Parts 7 and 9 of this Subchapter, any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modification of an emissions unit) which would result in a change in actual emissions. "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 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. "Emissions unit" means, for purposes of Parts 7 and 9 of this Subchapter, any part of a source which emits or would have the potential to emit any pollutant subject to regulation. "EPA" means the United States Environmental Protection Agency. "Fugitive emissions" means, for purposes of Parts 7 and 9 of this Subchapter, those emissions which could not reasonably pass through a stack, chimney, vent or other functionally equivalent opening. "National Emission Standards for Hazardous Air Pollutants" or "NESHAP" means those standards found in 40 CFR Parts 61 and 63. "Natural conditions" includes naturally occurring phenomena that reduce visibility as measured in terms of light extinction, visual range, contrast, or coloration. "Necessary preconstruction approvals or permits" means, for purposes of Parts 7 and 9 of this Subchapter, those permits or approvals required under all applicable air quality control laws and rules. "New Source Performance Standards" or "NSPS" means those standards found in 40 CFR Part 60. "Part 70 permit" means (unless the context suggests otherwise) any permit or group of permits covering a Part 70 source that is issued, renewed, amended, or revised pursuant to this Chapter. "Part 70 program" means a program approved by the Administrator under 40 CFR Part 70. "Part 70 source" means any source subject to the permitting requirements of Part 5 of this Subchapter, as provided in OAC 252:100-8-3(a) and (b). "Potential to emit" means, for purposes of Parts 7 and 9 of this Subchapter, the maximum capacity of a source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is enforceable. Secondary emissions do not count in determining the potential to emit of a source. "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 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. "Stationary source" means, for purposes of Parts 7 and 9 of this Subchapter, any building, structure, facility or installation which emits or may emit any air pollutant subject to OAC 252:100. "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. TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY CHAPTER 100. AIR POLLUTION CONTROL [OAR Docket #07-821] RULEMAKING ACTION: PERMANENT final adoption RULES: Subchapter 8. Permits for Part 70 Sources Part 11. Visibility Protection Standards [NEW] 252:100-8-70 [NEW] 252:100-8-71 [NEW] 252:100-8-72 [NEW] 252:100-8-73 [NEW] 252:100-8-74 [NEW] 252:100-8-75 [NEW] 252:100-8-76 [NEW] 252:100-8-77 [NEW] 252:100-8-78 [NEW] AUTHORITY: Environmental Quality Board; 27A O.S., §§ 2-2-101, 2-2-201 and 2-5-101, et seq. DATES: Comment period: September 15, 2005 through October 19, 2005 December 15, 2005 through January 18, 2006 February 24, 2006 March 15, 2006 through April 19, 2006 August 22, 2006 Public hearing: October 19, 2005 January 18, 2006 February 24, 2006 April 19, 2006 August 22, 2006 Adoption: August 22, 2006 Submitted to Governor: August 29, 2006 Submitted to House: August 29, 2006 Submitted to Senate: August 29, 2006 Gubernatorial approval: October 8, 2006 Legislative approval: Failure of the Legislature to disapprove the rules resulted in approval on March 27, 2007 Final adoption: March 27, 2007 Effective: June 15, 2007 SUPERSEDED EMERGENCY ACTIONS: Superseded rules: Subchapter 8. Permits for Part 70 Sources Part 11. Visibility Protection Standards [NEW] 252:100-8-70 [NEW] 252:100-8-71 [NEW] 252:100-8-72 [NEW] 252:100-8-73 [NEW] 252:100-8-74 [NEW] 252:100-8-75 [NEW] 252:100-8-76 [NEW] 252:100-8-77 [NEW] 252:100-8-78 [NEW] Gubernatorial approval: October 8, 2006 Register publication: 24 Ok Reg 297 Docket number: 06-1478 INCORPORATIONS BY REFERENCE: Incorporated standards: 40 CFR 51 Appendix Y Incorporating rules: 252:100-8-72