1. (a) An applicant for a permit for a proposed major stationary source or major modification may request the Director in writing to approve a system of innovative control technology.

2. (b) The Director may determine that the innovative control technology is permissible if:

   1. (1) The proposed control system would not cause or contribute to an unreasonable risk to public health, welfare or safety in its operation or function.
   2. (2) The applicant agrees to achieve a level of continuous emissions reductions equivalent to that which would have been required for BACT under OAC 252:100-8-34(b)(1) by a date specified by the Director. Such date shall not be later than 4 years from the time of start-up or 7 years from permit issuance.
   3. (3) The source or modification would meet the requirements equivalent to those in OAC 252:100-8-34 and 252:100-8-35(a) based on the emissions rate that the stationary source employing the system of innovative control technology would be required to meet on the date specified by the Director.
   4. (4) The source or modification would not, before the date specified, cause or contribute to any violation of the applicable NAAQS, or impact any Class I area or area where an applicable increment is known to be violated.
   5. (5) All other applicable requirements including those for public participation have been met.
   6. (6) The provisions of OAC 252:100-8-36 (relating to Class I areas) have been satisfied with respect to all periods during the life of the source or modification.

3. (c) The Director shall withdraw approval to employ a system of innovative control technology made under OAC 252:100-8-37, if:

   1. (1) The proposed system fails by the specified date to achieve the required continuous emissions reduction rate; or,
   2. (2) The proposed system fails before the specified date so as to contribute to an unreasonable risk to public health, welfare or safety; or,
   3. (3) The Director decides at any time that the proposed system is unlikely to achieve the required level of control or to protect the public health, welfare or safety.
4. (d) If a source or modification fails to meet the required level of continuous emissions reduction within the specified time period, or if the approval is withdrawn in accordance with OAC 252:100-8-37(c), the Director may allow the source or modification up to an additional 3 years to meet the requirement for application of BACT through the use of a demonstrated system of control.

Amended and renumbered from 252:100-7-37 at 15 Ok Reg 2590, eff 6-25-98

Amended at 23 Ok Reg 1699, eff 6-15-06

Amended at 26 Ok Reg 1146, eff 7-1-09