SECTION 252:100-7-60. Permit by rule

(a)   Applicability. A permit by rule (PBR) may be adopted for an industry(s) to streamline the air quality permitting procedures required by OAC 252:100-7-15 and -18, if there are a sufficient number of facilities that meet the requirements of 252:100-7-15(b)(1) and 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)   A facility may be constructed or operated under this rule and will be exempt from any other permitting requirements in this Chapter if it meets the requirements of 252:100-7-15(b)(1), 252:100-7-60, and the appropriate PBR.

(2)   A facility cannot be registered under more than one PBR at the same time or under a PBR and a general or individual permit at the same time. However, the owner or operator may apply for a change in a facility's registration from one PBR to another PBR if the facility meets the criteria of the "new" PBR. The owner or operator may apply for a change in a facility's air quality permit from a general or an individual permit to registration under a PBR for which the facility qualifies.

(b)   General requirements. No construction under a PBR may commence until the request and application fee are received by the DEQ. Operation under the PBR is not authorized beyond the time limit contained in 252:100-7-18(a) unless a request for operation under the PBR and the application fee are received by the DEQ.

(1)   Application for registration under a PBR.

(A)   Construction or operation. The owner or operator wishing to construct or operate a facility under a PBR,must submit a request for registration under thePBR using the form(s) provided by the DEQ for that PBR. Therequest must contain written certification by the owner or operator that the facility will be constructedand/or operated in compliance with such PBR. A constructionand/or operating permit application fee, as specified in 252:100-7-3, must accompany the form(s).

(B)   Modification. A physical change or change in the method of operation to a facility covered by a PBR that would cause the facility to no longer qualify for the PBR is a modification, and will result in a change in permit status as provided by 252:100-7-60(b)(4). Other physical or operational changes are not modifications, and do not require submittal of an amended registration.

(2)   Reporting requirements. The owner or operator of a facility covered by a PBR must comply with the reporting requirements in 252:100-7-60(b)(2)(A), (B), and (C). No other reporting requirements shall apply.

(A)   The owner or operator must submit emission inventories as required by 252:100-5-2.1;

(B)   The owner or operator must comply with the excess emission reporting requirements in 252:100-9; and

(C)   The owner or operator must comply with reporting requirements contained in any applicable NSPS or NESHAP.

(3)   Compliance inspections. Compliance inspections will be conducted by the DEQ in response to complaints and as necessary to determine compliance.

(4)   Change in permit status. The owner or operatorshall apply for an individual permit or, if applicable, coverage under a general permit in the event that a change causes a facility to no longer qualify for a PBR.

(c)   Registration. Registration under a PBR shall constitute compliance with the requirements of 252:100-7-15(a) (for construction permits) or 252:100-7-18(a) (for operating permits).

(1)   Registration under the PBR will be effective upon receipt of the requisite form(s) (including the appropriate application fee) by the DEQ.

(2)   Acceptable documentation of receipt of the PBR registration is the earliest of:

(A)   a legible, dated U.S. Postal Service postmark (private metered postmarks are not acceptable);

(B)   a dated receipt from a commercial carrier or the U.S. Postal Service; or

(C)   a DEQ date-stamped registration.

(3)   After receiving the appropriate PBR registration request and application fee and confirming that the facility is eligible for coverage under the PBR, the DEQ will acknowledge in writing that the facility is registered to construct or operate under the PBR.

[Source: Added at 16 Ok Reg 1759, eff 6-11-99; Amended at 31 Ok Reg 47, eff 9-10-13 (emergency); Amended at 31 Ok Reg 1268, eff 9-12-14]