SECTION 252:100-9-7. Excess emission reporting requirements

(a)   Immediate notice. Except as provided in OAC 252:100-9-7(a)(1), the owner or operator of a source of excess emissions shall notify the Director as soon as possible but no later than 4:30 p.m. the following working day of the first occurrence of excess emissions in each excess emission event. Notification may be made by telephone [phone]), by email ([e-mail]), by web (http://www.deq.state.ok.us/excessemissions) or by other method as approved in writing by the Director prior to the excess emission event.

(1)   Immediate notification shall not be required for:

(A)   excess emission events with a primary cause of startup or shutdown as defined in OAC 252:100-1-3; or

(B)   excess emissions that do not exceed ten percent (10%) opacity above the applicable opacity limit or standard; or

(C)   excess emissions that do not exceed ten percent (10%) of the applicable non-opacity emission limit or standard and are less than two hundred (200) pounds of the relevant regulated pollutant during any twenty-four (24) hour period.

(2)   In any event, no excess emission shall be exempt from the immediate notification requirements of OAC 252:100-9-7(a), if the emission is:

(A)   in excess of a limit of a hazardous air pollutant as defined in OAC 252:100-7-1.1 or a toxic air contaminant as listed in Appendix O of this Chapter; or

(B)   in excess of a limit of a criteria pollutant or ozone precursor emitted from a source located in an area designated as nonattainment for the relevant criteria pollutant.

(3)   Any required immediate notice shall include:

(A)   the company name,

(B)   the facility name,

(C)   the event date,

(D)   the event start time,

(E)   the emission unit,

(F)   the primary cause, if known, and

(G)   the opacity and/or pollutant(s) emitted.

(4)   If an immediate notice is submitted and the owner or operator discovers that no excess emission has occurred, the owner or operator shall retract the immediate notice in writing within thirty (30) days of submission of the immediate notice.

(b)   Excess emission event report. No later than thirty (30) calendar days after the start of any excess emission event, the owner or operator of an air contaminant source from which excess emissions have occurred shall submit a report for each excess emission event describing the extent of the event and the actions taken by the owner or operator of the facility in response to this event. After receiving a written request prior to the thirty (30) day deadline, the Director may grant an extension. The report shall include:

(1)   The date and start time of each excess emission event.

(2)   The start time and duration of each excess emission episode in the excess emission event.

(3)   The common name and the permit established identifier(s) from which the excess emissions occurred.

(4)   The applicable authorized emission limits, related to the air contaminant sources involved in the event, including:

(A)   any applicable permit number(s) and condition(s); and/or

(B)   any applicable rule, administrative order provision, or judicial order provision.

(5)   The amount by which the total emissions exceeded the applicable limitation or requirement, expressed in units of the applicable limitation or requirement, including the data and calculations used to compute the magnitude of said event. Include the total mass of any quantifiable air contaminants released in excess of the applicable limitation or requirement. Good practice and methods must be used to provide reasonably accurate representations for excess emissions.

(6)   The primary cause of the event, including the reason for any relevant startup or shutdown.

(7)   The immediate action taken to address the excess emission event and the corrective action(s) taken to address the primary cause of the excess emission event. If no corrective actions are taken, the report shall include a detailed explanation for that conclusion.

(8)   The corrective action(s) taken to address a reoccurrence of the excess emission event.

(9)   Any additional information that may be requested by the Division.

(c)   Ongoing events. If an excess emission event is ongoing at the time the excess emission event report required by OAC 252:100-9-7(b) is submitted, the owner or operator shall submit a final excess emission event report within thirty (30) calendar days after the end of the ongoing event. If an excess emission event is ongoing for one or more calendar quarters, the owner or operator shall file updated excess emission event reports within thirty (30) calendar days after the end of each calendar quarter until the event has ended. The updated reports shall be clearly identified as updated reports.

(d)   Alternative reporting. Owners or operators of air contaminant sources subject to the excess emission reporting requirements of OAC 252:100-9-7(b) and the reporting requirements of 40 CFR Parts 60, 61 and 63 may submit a written request to the Director for a case-by-case determination allowing alternative reporting. The written request shall include an alternative reporting plan and explain the extent to which the federal reporting requirements duplicate the requirements of this subchapter. A written determination on an alternative reporting request shall be made within ninety (90) days after such request is received by the Director. If no determination is made within the ninety (90) day period, the owner or operator making such request may operate under the proposed alternative reporting plan until the Director issues a determination.

(e)   Certificate of truth, accuracy and completeness required. Any report filed pursuant to this subchapter shall contain a certification of truth, accuracy and completeness. This certification shall include an original signature by a responsible official or designee and shall contain the following language: "I certify, based on information and belief formed after reasonable inquiry, the statements and information in this document are true, accurate and complete."

[Source: Added at 26 Ok Reg 1895, eff 7-1-09]