SECTION 252:100-17-60. Effective date; applicability; requirements  


Latest version.
  • (a)   This Part applies to each individual commercial and industrial solid waste incineration (CISWI) unit that meets the criteria in paragraphs (a)(1) through (3) of this Section.
    (1)   Any CISWI unit or air curtain incinerator for which construction commenced on or before June 4, 2010, or for which modification or reconstruction commenced after June 4, 2010 but no later than August 7, 2013.
    (2)   Any incinerationunit that meets the definition of a CISWI unit or an air curtain incinerator as both are defined in 40 CFR Section 60.2875.
    (3)   Incineration units that do not qualify as exempt under OAC 252:100-17-63.
    (b)   If the owner or operator of a CISWI unit or air curtain incinerator makes changes that meet the definition of modification or reconstruction on or after June 1, 2001, the CISWI unit is no longer subject to this Part and becomes subject to 40 CFR Part 60, Subpart CCCC, that has been incorporated by reference at 252:100-2-3.
    (c)   If the owner or operator of a CISWI unit or air curtain incinerator makes physical or operational changes to an existing CISWI unit or air curtain incinerator primarily to comply with this Part, such changes do not qualify as a modification or reconstruction.
    (d)   The owner or operator of a CISWI unit or air curtain incinerator subject to this Part shall comply with applicable portions of 40 CFR Part 60, Subpart DDDD (Sections 60.2575 through 60.2875) incorporated by reference in 252:100-2-3.
    (1)   CISWI units in the incinerator subcategory and air curtain incinerators that commenced construction on or before November 30, 1999 shall achieve final compliance by the December 1, 2005.
    (2)   CISWI units and air curtain incinerators that commenced construction after November 30, 1999, but on or before June 4, 2010, and CISWI units in the small remote incinerator, energy recovery unit, and waste-burning kiln subcategories that commenced construction before June 4, 2010 shall achieve final compliance as expeditiously as practicable after approval of the state plan but not later than the earlier of the two dates specified in paragraphs (d)(2)(A) and (B) of this subsection.
    (A)   February 7, 2018.
    (B)   Three years after the effective date of State plan approval.
    (C)   For compliance schedules approved under 40 CFR Section 60.2575 or 60.2815, the owner or operator shall submit a final control plan not more than 1 year following the effective date of State plan approval, and shall achieve final compliance as expeditiously as practicable, but not later than February 7, 2018 or three years after the effective date of State plan approval, whichever is earlier. Within the appropriate context, these dates shall be considered the "date(s) to be specified in state plan" wherever that phrase appears in the model rule and associated tables.
[Source: Added at 20 Ok Reg 1595, eff 6-12-03; Amended at 31 Ok Reg 1271, eff 9-12-14; Amended at 37 Ok Reg 1277, eff 9-15-20]