SECTION 252:100-7-15. Construction permit

(a)   Construction permit required. A construction permit is required to commence construction or installation of a new facility or the modification of an existing facility as specified in OAC 252:100-7-15(a)(1) and (2).

(1)   New Facility. No person shall cause or allow the construction or installation of any new minor facility other than a de minimis facility or a permit exempt facility as defined in OAC 252:100-7-1.1 without first obtaining a DEQ-issued air quality construction permit.

(2)   Modification of an existing facility.

(A)   A construction permit is required for any modification that would cause an existing facility to no longer qualify for de minimis status, permit exempt facility status, or its current permit category.

(B)   A construction permit is required for an existing facility covered by an individual permit:

(i)   to add a piece of equipment or a process that is subject to an emission standard, equipment standard, or work practice standard in a federal NSPS (40 CFR Part 60) or a federal NESHAP (40 CFR Parts 61 and 63) or

(ii)   to add or physically modify a piece of equipment or a process that results in an increase in actual emissions of any one regulated air pollutant by more than 5 TPY.

(b)   Permit categories. Three types of construction permits are available: permit by rule, general permit, and individual permit. A permit by rule may be adopted or a general permit may be issued for an industry if there are a sufficient number of facilities that have the same or substantially similar operations, emissions, and activities that are subject to the same standards, limitations, and operating and monitoring requirements.

(1)   Permit by rule. An owner or operator of a minor facility may apply for registration under a permit by rule if the following criteria are met:

(A)   The facility has actual emissions of 40 TPY or less of each regulated air pollutant, except HAPs.

(B)   The facility does not emit or have the potential to emit 10 TPY or more of any single HAP or 25 TPY or more of any combination of HAPs.

(C)   The DEQ has established a permit by rule for the industry in Part 9 of this Subchapter.

(D)   The owner or operator of the facility certifies that it will comply with the applicable permit by rule.

(E)   The facility is not operated in conjunction with another facility or source that is subject to air quality permitting.

(2)   General permit. Minor facilities may qualify for authorization under a general permit if the following criteria are met:

(A)   The facility has actual emissions less than 100 TPY of each regulated air pollutant, except for HAPs.

(B)   The facility does not emit or have the potential to emit 10 TPY or more of any single HAP or 25 TPY or more of any combination of HAPs.

(C)   The DEQ has issued a general permit for the industry.

(3)   Individual permit. The owners or operators of minor facilities requiring permits under this Subchapter which do not qualify for permit by rule or a general permit shall obtain individual permits. An owner or operator may apply for an individual permit even if the facility qualifies for a permit by rule or a general permit.

(c)   Content of construction permit application. Construction permit applications shall contain at least the data and information listed in OAC 252:100-7-15(c)(1) and (2).

(1)   Individual permit. An applicant for an individual construction permit shall provide data and information required by this Chapter on an application form available from the DEQ. Such data and information should include but not be limited to:

(A)   site information,

(B)   process description,

(C)   emission data,

(D)   BACT when required,

(E)   sampling point data and

(F)   modeling data when required.

(2)   General permit. An applicant for authorization under a general permit shall provide data and information required by that permit on a form available from the DEQ. For general permits that provide for application through the filing of a notice of intent (NOI), authorization under the general permit is effective upon receipt of the NOI.

(d)   Permit contents. The construction permit:

(1)   Shall require the permittee to comply with all applicable air pollution rules.

(2)   Shall prohibit the exceedance of ambient air quality standards contained in OAC 252:100-3.

(3)   May establish permit conditions and limitations as necessary to assure compliance with all rules.

(e)   Failure to comply with a construction permit. A violation of the limitations or conditions contained in the construction permit shall subject the owner or operator of a facility to any or all enforcement penalties, including permit revocation, available under the Oklahoma Clean Air Act and Air Pollution Control Rules. No operating permit will be issued until the violation has been resolved to the satisfaction of the DEQ.

(f)   Cancellation of authority to construct or modify. A duly issued permit to construct or modify will terminate and become null and void (unless extended as provided below) if the construction is not commenced within 18 months of the permit issuance date, or if work is suspended for more than 18 months after it has commenced.

(g)   Extension of authorization to construct or modify.

(1)   Prior to the permit expiration date, a permittee may apply for extension of the permit by written request of the DEQ stating the reasons for the delay/suspension and providing justification for the extension. The DEQ may grant:

(A)   one extension of 18 months or less or

(B)   one extension of up to 36 months where the applicant is proposing to expand an already existing facility to accommodate the proposed new construction or the applicant has expended a significant amount of money (1% of total project cost as identified in the original application, not including land cost) in preparation for meeting the definition of "commence construction" at the proposed site.

(2)   If construction has not commenced within three (3) years of the effective date of the original permit, the permittee must undertake and complete an appropriate available control technology review and an air quality analysis. This review must be approved by the DEQ before construction may commence.

[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 15 Ok Reg 2590, eff 6-25-98; Amended at 16 Ok Reg 1759, eff 6-11-99; Amended at 19 Ok Reg 1010, eff 6-1-02; Amended at 21 Ok Reg 1511, eff 6-11-04; Amended at 25 Ok Reg 1112, eff 7-1-08; Amended at 29 Ok Reg 994, eff 7-1-12]