SECTION 252:100-11-6. Authorization procedures

(a)   Determination. Within 30 days after receipt of all information required to accomplish the analysis of an application for an alternative emissions reduction plan, the DEQ will make a determination whether the plan should be authorized, authorized with conditions or not authorized.

(b)   Petition for recommendation to revise SIP, public notice, and Council hearing.

(1)   Upon a determination to authorize but prior to authorization, the applicant shall file a petition with the DEQ seeking a hearing and recommendation by the Air Quality Council for a corresponding revision to the SIP.

(2)   The applicant shall notify the public of the public hearing for an alternative emissions reduction plan by methods contained in OAC 252:4-7-13.

(3)   The public notice, as specified, will be sufficient to notify all sub-state entities and their representatives of the proposed recommendation for SIP revision.

(4)   At such a hearing before the Air Quality Council, the applicant shall bear the burden of proof.

(c)   Major source. In the case of a major source, as defined by the Federal Clean Air Act, that might impact the air quality of a neighboring State, the comment period for that State is extended to a 60 day period as required by Section 126 of the Federal Clean Air Act, 42 U.S.C. Section 7426.

(d)   Plan authorization. Following receipt of the Air Quality Council's recommended revision of the SIP, the DEQ shall issue the plan authorization.

[Source: Added at 11 Ok Reg 977, eff 1-14-94 (emergency); Added at 11 Ok Reg 2031, eff 5-26-94; Amended at 13 Ok Reg 1919, eff 7-1-96; Amended at 18 Ok Reg 1487, eff 6-1-01; Amended at 20 Ok Reg 1127, eff 6-1-03]