SECTION 252:100-42-31. AOC Compliance Strategies

(a)   Applicability. Following final designation of an AOC by the Director, the Department shall determine AOC Compliance Strategies to bring the AOC into compliance with the TAC MAAC. AOC Compliance Strategies developed by the Department shall apply to any stationary source or emissions unit that:

(1)   impacts an AOC;

(2)   emits the TAC for which the AOC was designated; and

(3)   is not subject to a final emission standard, work practice, or other requirement to control emissions of a TAC promulgated under Sections 112(d) or 129 of the Federal Clean Air Act, OAC 252:100-17, Parts 5, 7, and 9, or required by a Consent Order or Decree issued by the Department or another regulatory agency.

(b)   AOC Compliance Strategy development.

(1)   General requirements. After making a final designation of an AOC, the Department shall prepare a compliance strategy for the AOC. In developing an AOC Compliance Strategy the Department shall:

(A)   take into consideration what portion of the pollutant load is attributable to stationary sources versus that attributable to mobile sources, non-road sources, and biogenic sources;

(B)   determine de minimis emission levels if appropriate for a particular TAC and a particular AOC; and

(C)   advise, consult and cooperate with other agencies of the State, towns, cities, and counties, industries, other states and the federal government, and with affected groups in bringing the AOC into compliance.

(2)   Additional rulemaking. Any new requirements or standards developed for an AOC Compliance Strategy shall be developed in accordance with the rulemaking procedures of the Department.

(3)   Permit requirements. In accordance with 27A O.S., Section 2-5-112, the Department may as part of an AOC Compliance Strategy:

(A)   require owners or operators to obtain permits for facilities that emit the TAC, for which the AOC was designated, in a concentration that causes or contributes to an off-site violation of the TAC MAAC in an AOC designated for that TAC; or

(B)   require owners or operators of such facilities to modify any existing permit to include the TAC MAAC and any control measures required by paragraph 42-31(b)(4).

(4)   Control measures. The availability, feasibility, and cost of any control measures, work practice standards, control equipment requirements, material substitution requirements, or stack emissions standards shall be considered in developing the AOC Compliance Strategy.

(5)   On-site emissions. Owners or operators of facilities located in an AOC shall not be required to demonstrate compliance with the TAC MAAC within the boundaries of their facilities.

(6)   Monitoring and modeling requirements. As an AOC Compliance Strategy, the Department may require owners or operators of applicable stationary sources to perform ambient air monitoring and/or modeling for the TAC of concern. Such ambient air monitoring and modeling shall be performed using the references and requirements in 42-30(a)(3)(D)(i) and (ii).

(c)   Public notification. Following final designation of an AOC, the Department shall publish a report outlining the compliance strategy developed to bring the AOC into compliance with the TAC MAAC.

[Source: Added at 23 Ok Reg 17, eff 8-11-05 (emergency); Added at 23 Ok Reg 923, eff 6-15-06]