The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

 

DEPARTMENT OF ENVIRONMENTAL QUALITY

 
DIVISION 220
OREGON TITLE V OPERATING PERMIT FEES

340-220-0010
Purpose, Scope And Applicability
(1) The purpose of this division is
to provide owners and operators of Oregon Title V Operating Permit program sources
and DEQ with the criteria and procedures to determine emissions and fees based on
air emissions and specific activities.
(2) This division applies
to Oregon Title V Operating Permit program sources as defined in OAR 340-200-0020.
(3) The owner or operator
may elect to pay emission fees for each regulated pollutant on either actual emissions
or permitted emissions.
(4) Sources subject to the
Oregon Title V Operating Permit program defined in OAR 340-200-0020, are subject
to both an annual base fee established under 340-220-0030 and an emission fee calculated
pursuant to 340-220-0040.
(5) Sources subject to the
Oregon Title V Operating Permit program may also be subject to user fees (OAR 340-220-0050
and 340-216-0090).
(6) DEQ will credit owners
and operators of new Oregon Title V Operating Permit program sources for the unused
portion of paid Annual Fees. The credit will begin from the date DEQ receives the
Title V permit application.
(7) Subject to the requirements
in this division and OAR 340-200-0010(3), LRAPA is designated by the EQC to implement
the rules in this division within its area of jurisdiction.
Stat. Auth.: ORS 468.020, 468.065, 468A.310
& 468A.315
Stats. Implemented: ORS 468.065
& 468A.315
Hist.: DEQ 20-1993(Temp),
f. & cert. ef. 11-4-93; DEQ 13-1994, f. & cert. ef. 5-19-94; DEQ 22-1995,
f. & cert. ef. 10-6-95; DEQ 7-1996, f. & cert. ef. 5-31-96; DEQ 10-1999,
f. & cert. ef. 7-1-99; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered
from 340-028-2560; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 6-2007(Temp), f.
& cert. ef. 8-17-07 thru 2-12-08; Administrative correction 2-22-08; DEQ 10-2008,
f. & cert. ef. 8-25-08; DEQ 7-2015, f. & cert. ef. 4-16-15
340-220-0020
Definitions
The definitions in OAR 340-200-0020,
340-204-0010 and this rule apply to this division. If the same term is defined in
this rule and 340-200-0020 or 340-204-0010, the definition in this rule applies
to this division. Particulates. For purposes of this division, particulates mean
PM10; or if a source’s permit specifies particulate matter (PM) and not PM10,
then PM; or if a source’s permit specifies PM2.5 and neither PM10 nor PM,
then PM2.5.
Stat. Auth.: ORS 468.020, 468.065, 468A.310
& 468A.315
Stats. Implemented: ORS 468.065
& 468A.315
Hist.: DEQ 14-1999, f. &
cert. ef. 10-14-99; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 6-2007(Temp),
f. & cert. ef. 8-17-07 thru 2-12-08; Administrative correction 2-22-08; DEQ
10-2008, f. & cert. ef. 8-25-08; DEQ 7-2015, f. & cert. ef. 4-16-15
340-220-0030
Annual Base Fee
(1) DEQ will assess an annual base fee
of $7,787 for each source subject to the Oregon Title V Operating Permit program
for the period of November 15, 2014 to November 14, 2015.
(2) DEQ will assess an annual
base fee of $7,910 for each source subject to the Oregon Title V Operating Permit
program for the period of November 15, 2015 to November 14, 2016, and for each annual
period thereafter.
Stat. Auth.: ORS 468 &
468A
Stats. Implemented: ORS 468 & 468A
Hist.: DEQ 20-1993(Temp),
f. & cert. ef. 11-4-93; DEQ 13-1994, f. & cert. ef. 5-19-94; DEQ 12-1995,
f. & cert. ef. 5-23-95; DEQ 22-1995, f. & cert. ef. 10-6-95; DEQ 7-1996,
f. & cert. ef. 5-31-96; DEQ 9-1997, f. & cert. ef. 5-9-97; DEQ 12-1998,
f. & cert. ef. 6-30-98; DEQ 10-1999, f. & cert. ef. 7-1-99; DEQ 14-1999,
f. & cert. ef. 10-14-99, Renumbered from 340-028-2580; DEQ 8-2000, f. &
cert. ef. 6-6-00; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 7-2001, f. 6-28-01,
cert. ef. 7-1-01; DEQ 11-2003, f. & cert. ef. 7-23-03; DEQ 6-2004, f. &
cert. ef. 7-29-04; DEQ 6-2005, f. & cert. ef. 7-11-05; DEQ 7-2006, f. &
cert. ef. 6-30-06; DEQ 6-2007(Temp), f. & cert. ef. 8-17-07 thru 2-12-08; Administrative
correction 2-22-08; DEQ 10-2008, f. & cert. ef. 8-25-08; DEQ 4-2009(Temp), f.
& cert. ef. 8-27-09 thru 2-20-10; Administrative correction 3-18-10; DEQ 16-2010,
f. & cert. ef. 12-20-10; DEQ 5-2012, f. & cert. ef. 7-2-12; DEQ 9-2012,
f. & cert. ef. 12-11-12; DEQ 10-2014, f. & cert. ef. 9-4-14; DEQ 2-2015,
f. & cert. ef. 1-7-15
340-220-0040
Emission Fee
(1) DEQ will assess an emission fee
of $58.88 per ton of each regulated pollutant emitted during calendar year 2013
to each source subject to the Oregon Title V Operating Permit Program.
(2) DEQ will assess an emission
fee of $59.81 per ton of each regulated pollutant emitted during calendar year 2014
and for each calendar year thereafter to each source subject to the Oregon Title
V Operating Permit Program.
(3) The emission fee will
be applied to emissions based on the elections made according to OAR 340-220-0090.
Stat. Auth.: ORS 468.020
Stats. Implemented: ORS 468
& 468A
Hist.: DEQ 20-1993(Temp),
f. & cert. ef. 11-4-93; DEQ 13-1994, f. & cert. ef. 5-19-94; DEQ 12-1995.
f. & cert. ef. 5-23-95; DEQ 22-1995, f. & cert. ef. 10-6-95; DEQ 7-1996,
f. & cert. ef. 5-31-96; DEQ 9-1997, f. & cert. ef. 5-9-97; DEQ 12-1998,
f. & cert. ef. 6-30-98; DEQ 10-1999, f. & cert. ef. 7-1-99; DEQ 14-1999,
f. & cert. ef. 10-14-99, Renumbered from 340-028-2590; DEQ 8-2000, f. &
cert. ef. 6-6-00; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 7-2001, f. 6-28-01,
cert. ef. 7-1-01; DEQ 11-2003, f. & cert. ef. 7-23-03; DEQ 6-2004, f. &
cert. ef. 7-29-04; DEQ 6-2005, f. & cert. ef. 7-11-05; DEQ 7-2006, f. &
cert. ef. 6-30-06; DEQ 6-2007(Temp), f. & cert. ef. 8-17-07 thru 2-12-08; Administrative
correction 2-22-08; DEQ 10-2008, f. & cert. ef. 8-25-08; DEQ 4-2009(Temp), f.
& cert. ef. 8-27-09 thru 2-20-10; Administrative correction 3-18-10; DEQ 16-2010,
f. & cert. ef. 12-20-10; DEQ 5-2012, f. & cert. ef. 7-2-12; DEQ 9-2012,
f. & cert. ef. 12-11-12; DEQ 10-2014, f. & cert. ef. 9-4-14; DEQ 2-2015,
f. & cert. ef. 1-7-15
340-220-0050
Specific Activity Fees
(1) DEQ will assess specific activity
fees for an Oregon Title V Operating Permit program source for the period of September
1, 2014 to January 6, 2015 as follows:
(a) Existing source permit
revisions:
(A) Administrative* —
$474;
(B) Simple — $1,899;
(C) Moderate — $14,245;
(D) Complex — $28,491.
(b) Ambient air monitoring
review — $3,798.
(2) DEQ will assess specific
activity fees for an Oregon Title V Operating Permit program source as of January
7, 2015 as follows:
(a) Existing source permit
revisions:
(A) Administrative* —
$482;
(B) Simple — $1,929;
(C) Moderate — $14,471;
(D) Complex — $28,942.
(b) Ambient air monitoring
review — $3,858.
NOTE: *Includes revisions specified
in OAR 340-218-0150(1)(a) through (g). Other revisions specified in OAR 340-218-0150
are subject to simple, moderate or complex revision fees.
(3) DEQ will assess the following specific
activity fee for an Oregon Title V Operating Permit program source for annual greenhouse
gas reporting, as required by OAR 340-215-0060(1) —15 percent of the following,
not to exceed $4,500:
(a) The applicable annual
base fee (for the period of November 15 of the current year to November 14 of the
following year); and
(b) The applicable annual
emission fee (for emissions during the previous calendar year).
Stat. Auth.: ORS 468 & 468A
Stats. Implemented: ORS 468
& 468A
Hist.: DEQ 20-1993(Temp),
f. & cert. ef. 11-4-93; DEQ 13-1994, f. & cert. ef. 5-19-94; DEQ 12-1998,
f. & cert. ef. 6-30-98; DEQ 10-1999, f. & cert. ef. 7-1-99; DEQ 14-1999,
f. & cert. ef. 10-14-99, Renumbered from 340-028-2600; DEQ 8-2000, f. &
cert. ef. 6-6-00; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 7-2001, f. 6-28-01,
cert. ef. 7-1-01; DEQ 11-2003, f. & cert. ef. 7-23-03; DEQ 6-2004, f. &
cert. ef. 7-29-04; DEQ 6-2005, f. & cert. ef. 7-11-05; DEQ 7-2006, f. &
cert. ef. 6-30-06; DEQ 6-2007(Temp), f. & cert. ef. 8-17-07 thru 2-12-08; Administrative
correction 2-22-08; DEQ 10-2008, f. & cert. ef. 8-25-08; DEQ 4-2009(Temp), f.
& cert. ef. 8-27-09 thru 2-20-10; DEQ 9-2009(Temp), f. 12-24-09, cert. ef. 1-1-10
thru 6-30-10; Administrative correction 7-27-10; DEQ 12-2010, f. & cert. ef.
10-27-10; DEQ 16-2010, f. & cert. ef. 12-20-10; DEQ 11-2011, f. & cert.
ef. 7-21-11; DEQ 12-2011, f. & cert. ef. 7-21-11; DEQ 5-2012, f. & cert.
ef. 7-2-12; DEQ 9-2012, f. & cert. ef. 12-11-12; DEQ 10-2014, f. & cert.
ef. 9-4-14; DEQ 2-2015, f. & cert. ef. 1-7-15
340-220-0060
Pollutants Subject to Emission Fees
(1) DEQ will assess emission fees on
emissions of regulated pollutants up to and including 7,000 tons per year of all
regulated pollutants for each source each calendar year thereafter.
(2) The owner or operator
must pay emission fees for all regulated pollutants emitted from the source, except
as limited in section (1).
Stat. Auth.: ORS 468.020, 468.065, 468A.310
& 468A.315
Stats. Implemented: ORS 468.065
& 468A.315
Hist.: DEQ 20-1993(Temp),
f. & cert. ef. 11-4-93; DEQ 13-1994, f. & cert. ef. 5-19-94; DEQ 19-1996,
f. & cert. ef. 9-24-96; DEQ 10-1999, f. & cert. ef. 7-1-99; DEQ 14-1999,
f. & cert. ef. 10-14-99, Renumbered from 340-028-2610; DEQ 6-2001, f. 6-18-01,
cert. ef. 7-1-01; DEQ 6-2007(Temp), f. & cert. ef. 8-17-07 thru 2-12-08; Administrative
correction 2-22-08; DEQ 10-2008, f. & cert. ef. 8-25-08; DEQ 10-2014, f. &
cert. ef. 9-4-14; DEQ 7-2015, f. & cert. ef. 4-16-15
340-220-0070
Exclusions
(1) DEQ will not assess emission fees
on newly permitted major sources that have not begun initial operation.
(2) DEQ will not assess emission
fees on carbon monoxide. However, sources that emit or are permitted to emit 100
tons or more per year of carbon monoxide are subject to the emission fees on all
other regulated pollutants pursuant to OAR 340-220-0010.
(3) DEQ will not assess emission
fees on any device or activity that did not operate at any time during the calendar
year.
(4) If an owner or operator
of an Oregon Title V Operating Permit program source operates a device or activity
for less than 5% of the permitted operating schedule, the owner or operator may
elect to report emissions based on a proration of the permitted emissions for the
actual operating time.
(5) DEQ will not assess emission
fees on emissions categorized as credits or unassigned emissions within an Oregon
Title V Operating Permit.
(6) DEQ will not assess emission
fees on categorically insignificant emissions as defined in OAR 340-200-0020.
Stat. Auth.: ORS 468.020, 468.065, 468A.310
& 468A.315
Stats. Implemented: ORS 468.065
& 468A.315
Hist.: DEQ 20-1993(Temp),
f. & cert. ef. 11-4-93; DEQ 13-1994, f. & cert. ef. 5-19-94; DEQ 24-1994,
f. & ef. 10-28-94; DEQ 22-1995, f. & cert. ef. 10-6-95; DEQ 19-1996, f.
& cert. ef. 9-24-96; DEQ 10-1999, f. & cert. ef. 7-1-99; DEQ 14-1999, f.
& cert. ef. 10-14-99, Renumbered from 340-028-2620; DEQ 6-2001, f. 6-18-01,
cert. ef. 7-1-01; DEQ 6-2007(Temp), f. & cert. ef. 8-17-07 thru 2-12-08; Administrative
correction 2-22-08; DEQ 10-2008, f. & cert. ef. 8-25-08; DEQ 7-2015, f. &
cert. ef. 4-16-15
340-220-0080
References
Reference documents used in this division
include the DEQ Source Sampling Manual and the DEQ Continuous Monitoring Manual
[Publications: Publications referenced
are available from the agency.]
Stat. Auth.: ORS 468.020,
468.065 & 468A.315
Stats. Implemented: ORS 468
& 468A
Hist.: DEQ 13-1994, f. &
ef. 5-19-94; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-2630;
DEQ 7-2015, f. & cert. ef. 4-16-15
340-220-0090
Election for Each Regulated Pollutant
(1) The owner or operator must elect
to pay emission fees on either actual emissions, permitted emissions, or a combination
of both for the previous calendar year for each regulated pollutant and notify DEQ
using OAR 340-220-0110.
(2) If an owner or operator
fails to notify DEQ of the election for a regulated pollutant, DEQ will assess emission
fees based on permitted emissions.
(3) If the permit or review
report does not identify permitted emissions for a regulated pollutant, DEQ will
develop representative permitted emissions.
(4) An owner or operator
may elect to pay emission fees on the aggregate limit for insignificant emissions
that are not categorically insignificant activity emissions.
Stat. Auth.: ORS 468.020, 468.065 &
468A.310
Stats. Implemented: ORS 468.065
& 468A.315
Hist.: DEQ 20-1993(Temp),
f. & cert. ef. 11-4-93; DEQ 13-1994, f. & cert. ef. 5-19-94; DEQ 12-1995,
f. & cert. ef. 5-23-95; DEQ 19-1996, f. & cert. ef. 9-24-96; DEQ 14-1999,
f. & cert. ef. 10-14-99, Renumbered from 340-028-2640; DEQ 6-2001, f. 6-18-01,
cert. ef. 7-1-01; DEQ 6-2007(Temp), f. & cert. ef. 8-17-07 thru 2-12-08; Administrative
correction 2-22-08; DEQ 10-2008, f. & cert. ef. 8-25-08; DEQ 7-2015, f. &
cert. ef. 4-16-15
340-220-0100
Emission Reporting
(1) Using a form developed by DEQ the
owner or operator must report the following emissions:
(a) Particulates;
(b) Sulfur Dioxide as SO2;
(c) Oxides of Nitrogen (NOx)
as Nitrogen Dioxide (NO2);
(d) Volatile Organic Compounds
as:
(A) VOC for material balance
emission reporting; or
(B) Propane (C3H8), unless
otherwise specified by permit, OAR 340, or a method approved by DEQ, for emissions
verified by source testing.
(2) The owner or operator
must report emissions in tons per year and as follows:
(a) Round up to the nearest
whole ton for emission values 0.5 and greater; and
(b) Round down to the nearest
whole ton for emission values less than 0.5.
(3) The owner or operator
electing to pay emission fees on actual emissions for a regulated pollutant must
submit documentation necessary to support the actual emissions using OAR 340-220-0120.
(4) The owner or operator
electing to pay on actual emissions must report total emissions, including those
emissions in excess of 4,000 tons for each regulated pollutant and in excess of
7,000 tons for all regulated pollutants.
(5) The owner or operator
electing to pay on permitted emissions for a regulated pollutant must identify such
an election on the form developed by DEQ.
(6) If more than one permit
is in effect for a calendar year for an Oregon Title V Operating Permit program
source, the owner or operator electing to pay on permitted emissions must pay on
the most current permitted or actual emissions.
Stat. Auth.: ORS 468.020, 468.065, 468A.050,
468A.070, 468A.310 & 468A.315
Stats. Implemented: ORS 468
& 468A
Hist.: DEQ 13-1993, f. &
ef. 9-24-93; DEQ 20-1993(T), f. & ef. 11-4-93; DEQ 13-1994, f. & ef. 5-19-94;
DEQ 24-1994, f. & ef. 10-28-94; DEQ 12-1995, f. & cert. ef. 5-23-95; DEQ
19-1996, f. & cert. ef. 9-24-96; DEQ 10-1999, f. & cert. ef. 7-1-99; DEQ
14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-2650; DEQ 6-2001,
f. 6-18-01, cert. ef. 7-1-01; DEQ 6-2007(Temp), f. & cert. ef. 8-17-07 thru
2-12-08; Administrative correction 2-22-08; DEQ 10-2008, f. & cert. ef. 8-25-08;
DEQ 7-2015, f. & cert. ef. 4-16-15
340-220-0110
Emission Reporting and Fee Procedures
(1) The owner or operator must submit
the required form, including the election to pay on permitted or actual emissions
for each regulated pollutant, to DEQ with the annual permit report using annual
reporting procedures.
(2) The owner or operator
may request that information, other than emission information, submitted pursuant
to this division be exempt from disclosure under OAR 340-214-0130.
(3) Records developed using
these rules are subject to inspection and entry requirements in OAR 340-218-0080.
The owner or operator must retain records for at least five years under 340-218-0050(3)(b)(B).
(4) DEQ may accept the information
submitted or request additional information from the owner or operator. The owner
or operator must submit additional actual emission information requested by DEQ
within 30 days of the date of the request. DEQ may approve a request for additional
time, up to 30 days, to submit the requested information.
(5) If DEQ determines the
actual emission information submitted for any regulated pollutant does not meet
the criteria in this division, DEQ will assess the emission fee on the permitted
emission for that regulated pollutant.
(6) The owner or operator
must submit emission fees payable to DEQ by the later of:
(a) August 1 for emission
fees from the previous calendar year; or
(b) Thirty days after DEQ
mails the fee invoice.
(7) DEQ acceptance of emission
fees does not indicate approval of data collection methods, calculation methods,
or information reported on Emission Reporting Forms. If DEQ determines initial emission
fee assessments were inaccurate or inconsistent with this division, DEQ may assess
or refund emission fees up to two years after emission fees are received by DEQ.
(8) DEQ will not revise a
PSEL solely due to an emission fee payment.
(9) Owners or operators operating
sources pursuant to OAR 340 division 218 must submit the emission reporting information
with the annual permit report.
Stat. Auth.: ORS 468.020, 468.065, 468A.050,
468A.310 & 468A.315
Stats. Implemented: ORS 468
& 468A
Hist.: DEQ 20-1993(Temp),
f. & cert. ef. 11-4-93; DEQ 13-1994, f. & cert. ef. 5-19-94; DEQ 10-1999,
f. & cert. ef. 7-1-99; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered
from 340-028-2660; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 6-2007(Temp), f.
& cert. ef. 8-17-07 thru 2-12-08; Administrative correction 2-22-08; DEQ 10-2008,
f. & cert. ef. 8-25-08; DEQ 7-2015, f. & cert. ef. 4-16-15
340-220-0120
Actual Emissions
(1) Actual emissions include, but are
not limited to, routine process emissions, fugitive emissions, and excess emissions
from maintenance, startups and shutdowns, equipment malfunction, and other activities,
but do not include categorically insignificant activities and secondary emissions.
(2) Actual emissions must
be directly measured with a continuous monitoring system or calculated using a material
balance or verified emission factor determined under division 220 in combination
with the source's actual operating hours, production rates, or types of materials
processed, stored, or combusted during the specified time period.
(3) An owner or operator
electing to pay on actual emissions must obtain emission data and determine regulated
pollutant emissions using one of the following methods:
(a) Continuous monitoring
systems used in OAR 340-220-0130;
(b) Verified emission factors
developed for a particular source or a combination of sources venting to a common
stack using OAR 340-220-0170;
(c) Material balances determined
using OAR 340-220-0140, 340-220-0150, or 340-220-0160; or
(d) Verified emission factors
for source categories developed using OAR 340-220-0170(11).
Stat. Auth.: ORS 468.020, 468.065, 468A.070,
468A.310 & 468A.315
Stats. Implemented: ORS 468
& 468A
Hist.: DEQ 20-1993(Temp),
f. & cert. ef. 11-4-93; DEQ 13-1994, f. & cert. ef. 5-19-94; DEQ 12-1995,
f. & cert. ef. 5-23-95; DEQ 19-1996, f. & cert. ef. 9-24-96; DEQ 14-1999,
f. & cert. ef. 10-14-99, Renumbered from 340-028-2670; DEQ 6-2001, f. 6-18-01,
cert. ef. 7-1-01; DEQ 6-2007(Temp), f. & cert. ef. 8-17-07 thru 2-12-08; Administrative
correction 2-22-08; DEQ 10-2008, f. & cert. ef. 8-25-08; DEQ 7-2015, f. &
cert. ef. 4-16-15
340-220-0130
Determining Emissions from Continuous
Monitoring Systems
(1) The owner or operator must use data
collected under Oregon Title V Operating Permit conditions, applicable rules in
OAR 340, or the DEQ Continuous Monitoring Manual.
(2) If the owner or operator
has continuous monitoring data from less than 90% of the plant operating time, the
emissions during the period when the continuous monitoring system was not operating
must be determined from the 90th percentile of the continuous monitoring data.
[Publications: Publications referenced
are available from the agency.]
Stat. Auth.: ORS 468.020,
468.065, 468A.070, 468A.310 & 468A.315
Stats. Implemented: ORS 468
& 468A
Hist.: DEQ 13-1993, f. &
ef. 9-24-93; DEQ 20-1993(T), f. & ef. 11-4-93; DEQ 13-1994, f. & ef. 5-19-94;
DEQ 22-1995, f. & cert. ef. 10-6-95; DEQ 14-1999, f. & cert. ef. 10-14-99,
Renumbered from 340-028-2680; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 7-2015,
f. & cert. ef. 4-16-15
340-220-0140
Determining Emissions Using Material
Balance
The owner or operator may elect to use
material balance to determine actual emissions:
(1) If the amount of material
added to a process, less the amount consumed and recovered in a process, can be
documented using DEQ approved permit conditions and this division.
(2) The owner or operator
may only apply material balance calculations to VOC or sulfur dioxide emissions
using OAR 340-220-0150 and 340-220-0160 respectively.
Stat. Auth.: ORS 468.020, 468.065, 468A.070,
468A.310 & 468A.315
Stats. Implemented: ORS 468
& 468A
Hist.: DEQ 20-1993(Temp),
f. & cert. ef. 11-4-93; DEQ 13-1994, f. & cert. ef. 5-19-94; DEQ 14-1999,
f. & cert. ef. 10-14-99, Renumbered from 340-028-2690; DEQ 6-2001, f. 6-18-01,
cert. ef. 7-1-01; DEQ 7-2015, f. & cert. ef. 4-16-15
340-220-0150
Determining VOC Emissions Using
Material Balance
The owner or operator may determine
the amount of VOC emissions for emissions of a regulated pollutant by using material
balance. The owner or operator using material balance to calculate VOC emissions
must determine the amount of VOC added to the process, the amount of VOC consumed
in the process, and the amount of VOC recovered in the process, if any, by testing
using 40 CFR part 60 Appendix A EPA Method 18, 24, 25, a material balance method,
or an equivalent plant specific method specified in the Oregon Title V Operating
Permit using the following equation: [Equation not included. See ED. NOTE.]
[Publications: Publications referenced
are available from the agency.]
[ED. NOTE:
Equations referenced are not included in rule text. Click here for PDF copy of equation(s).]
Stat. Auth.: ORS 468.020,
468.065, 468A.070, 468A.310 & 468A.315
Stats Implemented: ORS 468
& 468A
Hist.: DEQ 20-1993(Temp),
f. & cert. ef. 11-4-93; DEQ 13-1994, f. & cert. ef. 5-19-94; DEQ 22-1995,
f. & cert. ef. 10-6-95; DEQ 2-1996, f. & cert. ef. 1-29-96; DEQ 14-1999,
f. & cert. ef. 10-14-99, Renumbered from 340-028-2700; DEQ 6-2001, f. 6-18-01,
cert. ef. 7-1-01; DEQ 6-2007(Temp), f. & cert. ef. 8-17-07 thru 2-12-08; Administrative
correction 2-22-08; DEQ 10-2008, f. & cert. ef. 8-25-08; DEQ 7-2015, f. &
cert. ef. 4-16-15
340-220-0160
Determining Sulfur Dioxide Emissions
Using Material Balance
(1) The owner or operator may determine
sulfur dioxide emissions for Oregon Title V Operating Permit program sources by
measuring the sulfur content of fuels and assuming that all of the sulfur in the
fuel is oxidized to sulfur dioxide.
(2) The owner or operator
must ensure that ASTM methods were used to measure the sulfur content in fuel for
each quantity of fuel burned.
(3) The owner or operator
must determine sulfur dioxide emissions for each quantity of fuel burned, determining
quantity by a method that is reliable for the source, by performing the following
calculation: [Equation not included. See ED. NOTE.]
(4) For coal-fired steam
generating units, owners or operators of major sources must use the following equation
to account for sulfur retention: [Equation not included. See ED. NOTE.]
(5) Total sulfur dioxide
emissions for the year must be the sum of each quantity burned, calculated using
section (3) and reported in units of tons per year.
[ED. NOTE:
Equations referenced are not included in rule text. Click here for PDF copy of equation(s).]
Stat. Auth.: ORS 468.020,
468.065, 468A.070, 468A.310 & 468A.315
Stats. Implemented: ORS 468
& 468A
Hist.: DEQ 20-1993(Temp),
f. & cert. ef. 11-4-93; DEQ 13-1994, f. & cert. ef. 5-19-94; DEQ 2-1996,
f. & cert. ef. 1-29-96; DEQ 10-1999, f. & cert. ef. 7-1-99; DEQ 14-1999,
f. & cert. ef. 10-14-99, Renumbered from 340-028-2710; DEQ 6-2001, f. 6-18-01,
cert. ef. 7-1-01; DEQ 7-2015, f. & cert. ef. 4-16-15
340-220-0170
Verified Emission Factors
(1) The owner or operator must verify
emission factors before using them to determine emissions of regulated pollutants.
To verify emission factors, the owner or operator must perform either source testing
using the DEQ Source Sampling Manual or use other methods approved by DEQ for source
tests. Source tests must be conducted using testing procedures on file at DEQ and
DEQ approved pretest plan which must be submitted at least 15 days before the testing.
All test data and results must be submitted for review to DEQ within 30 days after
testing, unless DEQ approves otherwise or a different time period is specified in
a permit.
NOTE: DEQ recommends that the owner
or operator notify DEQ and obtain pre-approval of the emission factor source testing
program before or as part of the first source test notification.
(2) The owner or operator must conduct
or have conducted at least three compliance source tests. Each test must consist
of at least three individual test runs for a total of at least nine test runs.
(3) The owner or operator
must monitor and record applicable process and control device operating data.
(4) The owner or operator
must perform a source test either:
(a) In each of three quarters
of the year with no two successive source tests performed any closer than 30 days
apart; or
(b) At equal intervals over
the operating period if the owner or operator demonstrates and DEQ agrees that the
device or activity operates or has operated for part of the year; or
(c) At any time during the
year if the owner or operator demonstrates, and DEQ agrees, that the process is
or was not subject to seasonal variations.
(5) The owner or operator
must conduct the source tests to test the entire range of operating levels. At least
one test must be conducted at minimum operating conditions, at normal or average
operating levels, and at anticipated maximum operating levels. If the process rate
is constant, all tests must be conducted at that rate. The owner or operator must
submit documentation to DEQ demonstrating a constant process rate.
(6) The owner or operator
must determine an emission factor for each source test by dividing each test run,
in pounds of emission per hour, by the applicable process rate during the source
test run. At least nine emission factors must be plotted against the respective
process rates and a regression analysis performed to determine the best fit equation
and the correlation coefficient. If the correlation coefficient is less than 0.50,
which indicates that there is a relatively weak relationship between emissions and
process rates, the arithmetic average and standard deviation of at least nine emission
factors must be determined.
(7) The owner or operator
must determine the Emissions Estimate Adjustment Factor (EEAF) as follows:
(a) If the correlation coefficient
(R2) of the regression analysis is greater than 0.50, the EEAF will be 1+(1-R2).
(b) If the correlation coefficient
(R2) is less than 0.50, the EEAF will be: [Equation not included. See ED. NOTE.]
(8) The owner or operator
must determine actual emissions for emission fee purposes using one of the following
methods:
(a) If the regression analysis
correlation coefficient is less than 0.50, the actual emissions is the average emission
factor determined from at least nine test runs multiplied by the EEAF multiplied
by the total production for the entire year; or [Equation not included. See ED.
NOTE.]
(b) If the regression analysis
correlation coefficient is greater than 0.50, perform the following calculations
:
(A) Determine the average
emission factor (EF) for each production rate category (maximum = EFmax, normal
= EFnorm, and minimum = EFmin);
(B) Determine the total annual
production and operating hours, production time (PTtot), for the calendar year;
(C) Determine the total hours
operating within the maximum production rate category (PTmax). The maximum production
rate category is any operation rate greater than the average of at least three maximum
operating rates during the source testing plus the average of at least three normal
operating rates during the source testing divided by 2;
(D) Determine the total hours
while operating within the normal production rate category (PTnorm). The normal
production rate category is defined as any operating rate less than the average
of at least three maximum operating rates during the source testing plus the average
of at least three normal operating rates during the source testing divided by 2
and any operating rate greater than the average of at least three minimum operating
rates during the source testing plus the average of at least three normal operating
rates during the source testing divided by 2;
(E) Determine the total hours
while operating within the minimum production rate category (PTmin). The minimum
production rate category is defined as any operating rate less than the average
of at least three minimum operating rates during the source testing plus the average
of at least three normal operating rates during the source testing divided by 2;
(F) Actual emissions equals
EEAF x ((PTmax/PTtot) x EFmax + (PTnorm/PTtot) x EFnorm + (PTmin/PTtot) x EFmin.)
(9) The owner or operator
must determine emissions during startup and shutdown, and for emissions greater
than normal, during conditions that are not accounted for in the procedure otherwise
used to document actual emissions. The owner or operator must apply OAR 340-220-0170(9)(a)
or 340-220-0170(9)(b), (c) and (d) in developing emission factors. The owner or
operator must apply the emission factor obtained to the total time the device or
activity operated under these conditions.
(a) All emissions during
startup and shutdown, and emissions greater than normal are assumed equivalent to
operation without an air pollution control device, unless the owner or operator
accurately demonstrates otherwise under OAR 340-220-0170(9)(b), (9)(c), (9)(d),
and (9)(e), and approved by DEQ. The emission factor plus the EEAF must be adjusted
by the air pollution control device collection efficiency as follows: [Equation
not included. See ED. NOTE.]
(b) During process startups
a DEQ approved source test may be performed to determine an average startup factor.
The average of at least three tests runs plus the standard deviation will be used
to determine actual emissions during startups.
(c) During process shutdowns
a DEQ approved source test may be performed to determine an emission factor for
shutdowns. The average of at least three test runs plus the standard deviation will
be used to determine actual emissions during shutdowns.
(d) During routine maintenance
activity the owner or operator may:
(A) Perform routine maintenance
activity during source testing for verified emission factors; or
(B) Determine emissions using
section (a).
(e) The emission factor need
not be adjusted if the owner or operator demonstrates to DEQ that the regulated
pollutant emissions do not increase during startup and shutdown, and for conditions
that are not accounted for in the procedure otherwise used to document actual emissions
(e.g. NOx emissions during an ESP failure).
(10) A verified emission
factor developed pursuant to this division and approved by DEQ cannot be used if
a process change occurs that would affect the accuracy of the verified emission
factor.
(11) The owner or operator
may elect to use verified emission factors for source categories if DEQ determines
the following criteria are met:
(a) The verified emission
factor for a source category must be based on verified emission factors from at
least three individual sources within the source category;
(b) Verified emission factors
from sources within a source category must be developed using this rule;
(c) The verified emission
factors from the sources must not differ from the mean by more than twenty percent;
and
(d) The source category verified
emission factor must be the mean of the source verified emission factors plus the
average of the source emission estimate adjustment factors.
[Publications: Publications
referenced are available from the agency.]

[ED. NOTE:
Equations referenced are not included in rule text. Click here for PDF copy of equation(s).]
Stat. Auth.: ORS 468.020,
468.065, 468A.070, 468A.310 & 468A.315
Stats. Implemented: ORS 468
& 468A
Hist.: DEQ 20-1993(Temp),
f. & cert. ef. 11-4-93; DEQ 13-1994, f. & cert. ef. 5-19-94; DEQ 24-1994,
f. & cert. ef. 10-28-94; DEQ 22-1995, f. & cert. ef. 10-6-95; DEQ 19-1996,
f. & cert. ef. 9-24-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered
from 340-028-2720; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 6-2007(Temp), f.
& cert. ef. 8-17-07 thru 2-12-08; Administrative correction 2-22-08; DEQ 10-2008,
f. & cert. ef. 8-25-08; DEQ 7-2015, f. & cert. ef. 4-16-15
340-220-0180
Late and Underpayment of Fees
(1) Notwithstanding any enforcement
action, the owner or operator will be subject to a late payment fee of:
(a) Two hundred dollars for
payments postmarked more than seven or less than 30 days late; and
(b) Four hundred dollars
for payments postmarked on or after 30 days late.
(2) Notwithstanding any enforcement
action, DEQ may assess an additional fee of the greater of $400 or 20 percent of
the amount underpaid for substantial underpayment.
Stat. Auth.: ORS 468.020, 468.065, 468A.310
& 468A.315
Stats. Implemented: ORS 468
& 468A
Hist.: DEQ 20-1993(Temp),
f. & cert. ef. 11-4-93; DEQ 13-1994, f. & cert. ef. 5-19-94; DEQ 14-1999,
f. & cert. ef. 10-14-99, Renumbered from 340-028-2730; DEQ 6-2001, f. 6-18-01,
cert. ef. 7-1-01; DEQ 7-2015, f. & cert. ef. 4-16-15
340-220-0190
Failure to Pay Fees
Any owner or operator that fails to
pay fees imposed by DEQ under this division must pay a penalty of 50 percent of
the fee amount, plus interest on the fee amount computed using Section 6621(a)(2)
of the Internal Revenue Code of 1986 (as amended).
NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.
Stat. Auth.: ORS 468.020, 468A.025,
468A.040 & 468A.310
Stats. Implemented: ORS 468A
Hist.: DEQ 20-1993(Temp),
f. & cert. ef. 11-4-93; DEQ 13-1994, f. & cert. ef. 5-19-94; DEQ 14-1999,
f. & cert. ef. 10-14-99, Renumbered from 340-028-2740; DEQ 8-2000, f. &
cert. ef. 6-6-00; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 7-2015, f. &
cert. ef. 4-16-15

The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
The Oregon Administrative Rules and the Oregon Bulletin are
copyrighted by the Oregon Secretary of State. Terms
and Conditions of Use