Okla. Admin. Code § 252:100-8-6.3 - Special provisions for affected (acid rain) sources

(a) Application binding until permit issuance or denial. A complete acid rain permit application is binding on the applicant and enforceable as a permit until an acid rain permit is issued or denied. For applicable permitting processes, see OAC 252:4-7.

(b) Exemption petitions. Applicants with small units that burn low sulfur fuel or sources that retire a unit can petition to have such units exempted from certain permitting and monitoring requirements under the acid rain regulations.

(c) Permit shield. The acid rain portion of every operating permit is covered by a permit shield. This shield assures that an applicant operating in accordance with a permit issued in accordance with Title IV of the Act, will be deemed to be operating in compliance with the Acid Rain Program.

(d) Modifications. See 40 CFR 72.82.

(e) Duration. Acid rain permits will have a term of five years commencing on the permits effective date. The DEQ may issue a permit with a future effective date.

(f) Right of intervention. The Administrator may intervene as a matter of right in any administrative appeal involving an Acid Rain permit or denial of an Acid Rain permit.

(g) Administrative appeal. The administrative appeal period shall be no more than 90 days following the issuance of the Acid Rain permit and the judicial appeal period shall be no more than 90 days following a final agency action.

(h) Adoption of 40 CFR Part 72 by reference. DEQ hereby adopts and incorporates by reference the provisions of 40 CFR Part 72, as published in the Federal Register on January 11, 1993, on March 23, 1993, and on October 24, 1997, for purposes of implementing an acid rain program that meets the requirements of Title IV of the Act. The term "permitting authority" shall mean the Oklahoma Department of Environmental Quality and the term "Administrator" shall mean the Administrator of the United States Environmental Protection Agency. If the provisions or requirements of 40 CFR Part 72 conflict with or are not included in 252:100-8, the Part 72 provisions and requirements shall apply and take precedence.

Notes

Okla. Admin. Code § 252:100-8-6.3

Added at 15 Ok Reg 2590, eff 6-25-98; Amended at 22 Ok Reg 1111, eff 6-15-05