Definitions

The following words and terms when used in this Part shall have the following meaning, unless the context clearly indicates otherwise. All terms used in this Part that are not defined in this Subsection shall have the meaning given to them in OAC 252:100-1-3, 252:100-8-1.1, 252:100-8-31, or in the Oklahoma Clean Air Act. "BART-eligible source" means an existing stationary facility as defined in this Section. "Best Available Retrofit Technology" or "BART" means an emission limitation based on the degree of reduction achievable through the application of the best system of continuous emission reduction for each pollutant which is emitted by a BART-eligible source. The emission limitation must be established on a case-by-case basis, taking into consideration the technology available, the costs of compliance, the energy and non-air quality environmental impacts of compliance, any pollution control equipment in use or in existence at the source, the remaining 2 useful life of the source, and the degree of improvement in visibility which may reasonably be anticipated to result from the use of such technology. "Deciview" means a measurement of visibility impairment. A deciview is a haze index derived from calculated light extinction, such that uniform changes in haziness correspond to uniform incremental changes in perception across the entire range of conditions, from pristine to highly impaired. The deciview haze index is calculated based on the following equation (for the purposes of calculating deciview, the atmospheric light extinction coefficient must be calculated from aerosol measurements): Deciview haze index=10 lne (bext/10 Mm!1); where bext=the atmospheric light extinction coefficient, expressed in inverse megameters (Mm!1). "Existing stationary facility" means any of the following stationary sources of air pollutants, including any reconstructed source, which was not in operation prior to August 7, 1962, and was in existence on August 7, 1977, and has the potential to emit 250 TPY or more of any air pollutant. In determining potential to emit, fugitive emissions, to the extent quantifiable, must be counted. (A) Fossil-fuel fired steam electric plants of more than 250 million Btu/hr input, (B) Coal cleaning plants (thermal dryers), (C) Kraft pulp mills, (D) Portland cement plants, (E) Primary zinc smelters, (F) Iron and steel mill plants, (G) Primary aluminum ore reduction plants, (H) Primary copper smelters, (I) Municipal incinerators capable of charging more than 250 tons of refuse per day, (J) Hydrofluoric, sulfuric, and nitric acid plants, (K) Petroleum refineries, (L) Lime plants, (M) Phosphate rock processing plants, (N) Coke oven batteries, (O) Sulfur recovery plants, (P) Carbon black plants (furnace process), (Q) Primary lead smelters, (R) Fuel conversion plants, (S) Sintering plants, (T) Secondary metal production facilities, (U) Chemical process plants, (V) Fossil-fuel boilers of more than 250 million Btu per hour heat input, (W) Petroleum storage and transfer facilities with a capacity exceeding 300,000 barrels, (X) Taconite ore processing facilities, (Y) Glass fiber processing plants, and (Z) Charcoal production facilities "In existence" means that the owner or operator has obtained all necessary preconstruction approvals or permits required by the Department and EPA and either has: (A) begun, or caused to begin, a continuous program of physical on-site construction of the facility; 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 construction of the facility to be completed in a reasonable time. 3 "In operation" means engaged in activity related to the primary design function of the source. "Integral vista" means a view perceived from within the mandatory Class I Federal area of a specific landmark or panorama located outside the boundary of the mandatory Class I Federal area. "Mandatory Class I Federal area" means any area identified in 40 CFR part 81, subpart D. "Potential to emit" means the maximum capacity of a stationary 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 federally enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source. "Reasonably attributable" means attributable by visual observation or any other technique the Department deems appropriate. "Secondary emissions" means emissions which occur as a result of the construction or operation of a BART-eligible source but do not come from the BART-eligible source. Secondary emissions may include, but are not limited to, emissions from ships or trains coming to or from the BART-eligible source. "Visibility in any mandatory Class I Federal area" includes any integral vista associated with that area. 252:100:8-72. Incorporation by reference Appendix Y, Guidelines for BART Determinations Under the Regional Haze Rule, of 40 CFR 51 is hereby incorporated by reference as it exists July 6, 2005.