SECTION 252:100-8-32.2. Exclusion from increment consumption

  The following cases are excluded from increment consumption.

(1)   Concentrations from an increase in emissions from any stationary source converting from the use of petroleum products, natural gas, or both by reason of any order under sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation), or by reason of a natural gas curtailment plan pursuant to the Federal Power Act shall be excluded.

(A)   Such exclusion is limited to five years after the effective date of the order or plan whichever is applicable.

(B)   If both an order and a plan are applicable, the exclusion shall not apply more than five years after the later of the effective dates.

(2)   Emissions of particulate matter from construction or other temporary emission-related activities of new or modified sources shall be excluded.

(3)   A temporary increase of sulfur dioxide, particulate matter, or nitrogen oxides from any stationary source by order or authorized variance shall be excluded. For purposes of this exclusion any such order or variance shall:

(A)   specify the time over which the temporary emissions increase would occur (not to exceed 2 years in duration unless a longer time is approved by the Director);

(B)   specify that the exclusion is not renewable;

(C)   allow no emissions increase from a stationary source which would impact a Class I area or an area where an applicable increment is known to be violated or cause or contribute to the violation of a NAAQS; and

(D)   require limitations to be in effect by the end of the time period specified in such order or variance, which would ensure that the emissions levels from the stationary source affected would not exceed those levels occurring from such source before the order or variance was issued.

[Source: Added at 23 Ok Reg 1699, eff 6-15-06]