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DEPARTMENT OF ENVIRONMENTAL QUALITY

 
DIVISION 225
AIR QUALITY ANALYSIS REQUIREMENTS

340-225-0010
Purpose and Jurisdiction
(1) This division contains the definitions
and requirements for air quality analysis. This division does not apply unless a
rule in another division refers to this division or a rule in this division. For
example, division 224, New Source Review, refers to provisions in this division
for specific air quality analysis requirements.
(2) 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 & 468A
Stats. Implemented: ORS 468A
Hist.: DEQ 6-2001, f. 6-18-01,
cert. ef. 7-1-01; DEQ 7-2015, f. & cert. ef. 4-16-15
340-225-0020
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.
(1) "Allowable emissions"
means the emissions rate of a stationary source calculated using the maximum rated
capacity of the source (unless the source is subject to federally enforceable limits
which restrict the operating rate, or hours of operation, or both) and the most
stringent of the following:
(a) The applicable standards
as set forth in 40 CFR parts 60, 61, 62 and 63;
(b) The applicable SIP emissions
limitation, including those with a future compliance date; or
(c) The emissions rate specified
as a federally enforceable permit condition.
(2) "Baseline concentration"
means:
(a) Except as provided in
subsection (c), the ambient concentration level for sulfur dioxide and PM10 that
existed in an area during the calendar year 1978. Actual emission increases or decreases
occurring before January 1, 1978 must be included in the baseline calculation, except
that actual emission increases from any major source or major modification on which
construction commenced after January 6, 1975 must not be included in the baseline
calculation;
(b) The ambient concentration
level for nitrogen oxides that existed in an area during the calendar year 1988.
(c) For the area of northeastern
Oregon within the boundaries of the Umatilla, Wallowa-Whitman, Ochoco, and Malheur
National Forests, the ambient concentration level for PM10 that existed during the
calendar year 1993. DEQ may allow the source to use an earlier time period if DEQ
determines that it is more representative of normal emissions.
(d) For PM10 in the Medford-Ashland
AQMA: the ambient PM10 concentration levels that existed during the calendar year
2006, the year that EPA redesignated that AQMA to attainment for PM10.
(e) The ambient concentration
level for PM2.5 that existed in an area during the calendar year 2007.
(f) If no ambient air quality
data is available in an area, the baseline concentration may be estimated using
modeling based on actual emissions for the years specified in subsections (a) through
(e).
(3) “Baseline concentration
year” means the calendar year used to determine the baseline concentration
for a particular regulated pollutant in a particular designated area.
(4) "Competing PSD increment
consuming source impacts" means the total modeled concentration above the modeled
baseline concentration resulting from increased and decreased emissions of all other
sources since the baseline concentration year that are expected to cause a significant
concentration gradient in the vicinity of the source. Determination of significant
concentration gradient may take into account factors including but not limited to
ROI formula, spatial distribution of existing emission sources, topography, and
meteorology. Allowable emissions may be used as a conservative estimate of increased
emissions, in lieu of actual emissions, in this analysis.
(5) "Competing AAQS source
impacts" means total modeled concentrations of the subject pollutant resulting from
allowable emissions of all other sources expected to cause a significant concentration
gradient in the vicinity of the source or sources under consideration. Determination
of significant concentration gradient may take into account factors including but
not limited to ROI formula, spatial distribution of existing emission sources, topography,
and meteorology.
(6) "FLAG" refers to the
Federal Land Managers' Air Quality Related Values Work Group Phase I Report —
REVISED, published at 75 Federal Register 66125, Oct. 27, 2010.
(7) "General background concentration"
means impacts from natural sources and unidentified sources that were not explicitly
modeled, and may be determined based on either site-specific ambient monitoring
or, with DEQ approval, on representative ambient monitoring from another location.
(8) "Nitrogen deposition"
means the sum of anion and cation nitrogen deposition expressed in terms of the
mass of total elemental nitrogen being deposited. As an example, nitrogen deposition
for NH4NO3 is 0.3500 times the weight of NH4NO3 being deposited.
(9) "Predicted maintenance
area concentration" means the future year ambient concentration predicted by DEQ
in the applicable maintenance plan as follows:
(a) The future year (2015)
PM10 concentrations for the Grants Pass UGB are 89 μg/m3 (24-hour average)
and 21 μg/m3 (annual average).
(b) The future year (2015)
PM10 concentrations for the Klamath Falls UGB are 114 μg/m3 (24-hour average)
and 25 μg/m3 (annual average).
(c) The future year (2025)
PM10 concentrations for the Lakeview UGB are 126 μg/m3 (24-hour average) and
27 μg/m3 (annual average).
(10) "Range of influence
formula or “ROI formula" means the calculation of the distance in kilometers
from the source impact area of the new or modified source to other emission sources
that could impact that area. If there is no source impact area, the distance is
calculated from the new or modified source. Any location that is closer to the source
than the ROI may be considered to be “within the range of influence”
of the source. The ROI formula is as follows:
(a) For PSD Class II and
Class III areas, the Range of Influence formula of a competing source (in kilometers)
is defined by:
(A) ROI (km) = Q (tons/year)
/ K (tons/year km).
(B) Definition of factors
used in paragraph (a):
(i) Maximum ROI is 50 km.
(ii) Q is the emission rate
of the potential competing source in tons per year.
(iii) K (tons/year km) is
a regulated pollutant specific constant as follows:
(I) For PM2.5, PM10, SOx
and NOx, K = 5;
(II) For CO, K = 40; and
(III) For lead, K = 0.15.
(b) For PSD Class I areas,
the Range of Influence formula of a competing source includes emissions from all
sources that occur within the modeling domain of the source being evaluated. DEQ
determines the modeling domain on a case-by-case basis.
(11) “Single source
impact” means the modeled impacts from an increase in emissions of regulated
pollutants from a source without including the impacts from other sources.
(12) "Source impact area"
means an area, or locations, where predicted impacts from the source or modification
equal or exceed the Class II significant impact levels set out in OAR 340-200-0020.
This definition only applies to PSD Class II areas and is not intended to limit
the distance for PSD Class I modeling.
(13) "Sulfur deposition"
means the sum of anion and cation sulfur deposition expressed in terms of the total
mass of elemental sulfur being deposited. As an example, sulfur deposition for (NH4)2SO4
is 0.2427 times the weight of (NH4)2SO4 being deposited.
NOTE: This rule is
included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted
under OAR 340-020-0040
[ED. NOTE: Tables referenced are available
from the agency.]
Stat. Auth.: ORS 468.020
& 468A
Stats. Implemented: ORS 468A
Hist.: DEQ 6-2001, f. 6-18-01,
cert. ef. 7-1-01; DEQ 11-2002, f. & cert. ef. 10-8-02; DEQ 12-2002(Temp), f.
& cert. ef. 10-8-02 thru 4-6-03; Administrative correction 11-10-03; DEQ 1-2004,
f. & cert. ef. 4-14-04; DEQ 1-2005, f. & cert. ef. 1-4-05; DEQ 9-2005, f.
& cert. ef. 9-9-05; DEQ 10-2010(Temp), f. 8-31-10, cert. ef. 9-1-10 thru 2-28-11;
Administrative correction, 3-29-11; DEQ 5-2011, f. 4-29-11, cert. ef. 5-1-11; DEQ
7-2015, f. & cert. ef. 4-16-15
340-225-0030
Procedural Requirements
When required to conduct an air quality
analysis under this division:
(1) The owner or operator
of a source must submit a modeling protocol to DEQ and have it approved before submitting
a permit application; and
(2) In addition to the requirements
defined in OAR 340-216-0040 for permit applications, the owner or operator of a
source must submit all information necessary to perform any analysis or make any
determination required under this division. Such information may include, but is
not limited to:
(a) Emissions data for all
existing and proposed emission points from the source or modification. This data
must represent maximum emissions for the averaging times by regulated pollutant
consistent with the ambient air quality standards in OAR 340 division 202.
(b) Stack parameter data,
height above ground, exit diameter, exit velocity, and exit temperature, for all
existing and proposed emission points from the source or modification;
(c) An analysis of the air
quality and visibility impact of the source or modification, including meteorological
and topographical data, specific details of models used, and other information necessary
to estimate air quality impacts; and
(d) An analysis of the air
quality and visibility impacts, and the nature and extent of all commercial, residential,
industrial, and other source emission growth, that has occurred since the baseline
concentration year in the area the source or modification would significantly affect.
NOTE: This rule is
included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted
under OAR 340-020-0040
Stat. Auth.: ORS 468.020 & 468A.070
Stats. Implemented: ORS 468A
Hist.: DEQ 6-2001, f. 6-18-01,
cert. ef. 7-1-01; DEQ 10-2010(Temp), f. 8-31-10, cert. ef. 9-1-10 thru 2-28-11;
Administrative correction, 3-29-11; DEQ 5-2011, f. 4-29-11, cert. ef. 5-1-11; DEQ
7-2015, f. & cert. ef. 4-16-15
340-225-0040
Air Quality Models
All modeled estimates of ambient concentrations
required under this division must be based on the applicable air quality models,
data bases, and other requirements specified in 40 CFR part 51, Appendix W, "Guidelines
on Air Quality Models (Revised)." Where an air quality impact model specified in
40 CFR part 51, Appendix W is inappropriate, the methods published in the FLAG are
generally preferred for analyses in PSD Class I areas. Where an air quality impact
model other than that specified in 40 CFR part 51, Appendix W is appropriate in
PSD Class II and III areas, the model may be modified or another model substituted.
Any change or substitution from models specified in 40 CFR part 51, Appendix W is
subject to notice and opportunity for public comment and must receive prior written
approval from DEQ and the EPA.
NOTE: This rule is
included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted
under OAR 340-020-0040
[Publications: Publications referenced
are available from the agency.]
Stat. Auth.: ORS 468.020
& 468A.070
Stats. Implemented: ORS 468A
Hist.: DEQ 6-2001, f. 6-18-01,
cert. ef. 7-1-01; DEQ 7-2015, f. & cert. ef. 4-16-15
340-225-0045
Requirements for Analysis in Maintenance
Areas
Modeling: For determining compliance
with the maintenance area impact levels established in OAR 340-202-0225, the following
methods must be used:
(1) For each maintenance
pollutant, a single source impact analysis is sufficient to show compliance with
the maintenance area maximum impact levels if:
(a) The modeled impacts from
emission increases equal to or greater than a SER above the netting basis due to
the proposed source or modification being evaluated are less than the Class II Significant
Impact Levels specified in OAR 340-200-0020; and
(b) The owner or operator
provides an assessment of factors that may impact the air quality conditions in
the area showing that the SIL by itself is protective of the maintenance area impact
levels. The assessment must take into consideration but is not limited to the emission
increases and decreases since the baseline concentration year from other sources
that are expected to cause a significant concentration gradient in the vicinity
of the source. Determination of significant concentration gradient may take into
account factors including but not limited to ROI formula, spatial distribution of
existing emission sources, topography, and meteorology.
(2) If the requirement in
section (1) is not satisfied, the owner or operator of a proposed source or modification
must complete a competing source analysis to demonstrate that modeled impacts from
the proposed increased emissions plus competing source impacts, plus the predicted
maintenance area concentration are less than the maintenance area impact levels
in OAR 340-202-0225 for all averaging times.
(3) Any analyses performed
under this section must be done in compliance with OAR 340-225-0030 and 340-225-0040,
as applicable.
NOTE: This rule is
included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted
under OAR 340-020-0040
[ED. NOTE: Tables referenced are available
from the agency.]
Stat. Auth.: ORS 468.020
& 468A.070
Stats. Implemented: ORS 468A
Hist.: DEQ 11-2002, f. &
cert. ef. 10-8-02; DEQ 1-2005, f. & cert. ef. 1-4-05; DEQ 10-2010(Temp), f.
8-31-10, cert. ef. 9-1-10 thru 2-28-11; Administrative correction, 3-29-11; DEQ
5-2011, f. 4-29-11, cert. ef. 5-1-11; DEQ 7-2015, f. & cert. ef. 4-16-15
340-225-0050
Requirements for Analysis in PSD
Class II and Class III Areas
Modeling: For determining compliance
with the AAQS, PSD increments, and other requirements in PSD Class II and Class
III areas, the following methods must be used:
(1) For each regulated pollutant,
a single source impact analysis is sufficient to show compliance with the AAQS and
PSD increments if:
(a) The modeled impacts from
emission increases equal to or greater than a SER above the netting basis due to
the proposed source or modification being evaluated are less than the Class II significant
impact levels specified in OAR 340-200-0020; and
(b) The owner or operator
provides an assessment of factors that may impact the air quality conditions in
the area to show that the SIL by itself ensures that the proposed source or modification
will not cause or contribute to a new violation of an AAQS and PSD increment. The
assessment must take into consideration but is not limited to the following factors:
(A) The background ambient
concentration relative to the AAQS;
(B) The emission increases
and decreases since the baseline concentration year from other sources that are
expected to cause a significant concentration gradient in the vicinity of the source.
Determination of significant concentration gradient may take into account factors
including but not limited to ROI formula, spatial distribution of existing emission
sources, topography, and meteorology.
(2) If the requirement in
section (1) is not satisfied, the owner or operator of a proposed source being evaluated
must complete a competing source analysis as follows:
(a) For demonstrating compliance
with the PSD Class II and III increments (as defined in OAR 340-202-0210), the owner
or operator of the source or modification must show that modeled impacts from the
proposed increased emissions, above the modeled baseline concentration, plus competing
PSD increment consuming source impacts above the modeled baseline concentration
are less than the PSD increments for all averaging times; and
(b) For demonstrating compliance
with the AAQS, the owner or operator of the source must show that the total modeled
impacts plus total competing source impacts plus general background concentrations
are less than the AAQS for all averaging times.
(3) The owner or operator
of a source or modification must also provide an analysis of:
(a) The impairment to visibility,
soils and vegetation that would occur as a result of the source or modification,
and general commercial, residential, industrial and other growth associated with
the source or modification. As a part of this analysis, deposition modeling analysis
is required for sources emitting heavy metals above the SERs as defined in OAR 340-200-0020.
Concentration and deposition modeling may also be required for sources emitting
other compounds on a case-by-case basis; and
(b) The air quality concentration
projected for the area as a result of general commercial, residential, industrial
and other growth associated with the source or modification.
(4) Any analyses performed
under this section must be done in compliance with OAR 340-225-0030 and 340-225-0040,
as applicable.
NOTE: This rule is
included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted
under OAR 340-020-0040
[ED. NOTE: Tables referenced are available
from the agency.]
[Publications: Publications
referenced are available from the agency.]
Stat. Auth.: ORS 468.020
& 468A.070
Stats. Implemented: ORS 468A
Hist.: DEQ 6-2001, f. 6-18-01,
cert. ef. 7-1-01; DEQ 11-2002, f. & cert. ef. 10-8-02; DEQ 1-2004, f. &
cert. ef. 4-14-04; DEQ 10-2010(Temp), f. 8-31-10, cert. ef. 9-1-10 thru 2-28-11;
Administrative correction, 3-29-11; DEQ 5-2011, f. 4-29-11, cert. ef. 5-1-11; DEQ
7-2015, f. & cert. ef. 4-16-15
340-225-0060
Requirements for Demonstrating Compliance
with Standards and Increments in PSD Class I Areas
For determining compliance with AAQS
and PSD increments in PSD Class I areas, the following methods must be used:
(1) Before Jan. 1, 2003,
the owner or operator of a source must model impacts and demonstrate compliance
with standards and increments on all PSD Class I areas that may be affected by the
source or modification.
(2) On or after Jan. 1, 2003,
the owner or operator of a source must meet the following requirements:
(a) For each regulated pollutant,
a single source impact analysis is sufficient to show compliance with PSD increments
if modeled impacts from emission increases equal to or greater than a SER above
the netting basis due to the proposed source or modification being evaluated are
demonstrated to be less than the Class I significant impact levels specified in
OAR 340-200-0020. If this requirement is not satisfied, the owner or operator must
complete a competing source analysis to demonstrate that the increased source impacts
above baseline concentration plus competing PSD increment consuming source impacts
are less than the PSD Class I increments for all averaging times.
(b) For each regulated pollutant,
a single source impact analysis is sufficient to show compliance with AAQS if modeled
impacts from emission increases equal to or greater than a SER above the netting
basis due to the proposed source or modification being evaluated are demonstrated
to be less than the Class I significant impact levels specified in OAR 340-200-0020.
If this requirement is not satisfied, the owner or operator must complete a competing
source analysis to demonstrate compliance with the AAQS by showing that its total
modeled impacts plus total modeled competing source impacts plus general background
concentrations are less than the AAQS for all averaging times.
(c) The owner or operator
also must demonstrate that the proposed source or modification will not cause or
contribute to a new violation of an ambient air quality standard or PSD increment
even if the single source impact is less than the significant impact levels under
subsections (a) and (c), in accordance with OAR 340-202-0050(2).
(3) Any analyses performed
under this section must be done in compliance with OAR 340-225-0030 and 340-225-0040,
as applicable.
NOTE: This rule is
included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted
under OAR 340-020-0040
Stat. Auth.: ORS 468.020 & 468A.070
Stats. Implemented: ORS 468A
Hist.: DEQ 6-2001, f. 6-18-01,
cert. ef. 7-1-01; DEQ 11-2002, f. & cert. ef. 10-8-02; DEQ 10-2010(Temp), f.
8-31-10, cert. ef. 9-1-10 thru 2-28-11; Administrative correction, 3-29-11; DEQ
5-2011, f. 4-29-11, cert. ef. 5-1-11; DEQ 7-2015, f. & cert. ef. 4-16-15
340-225-0070
Requirements for Demonstrating Compliance
with Air Quality Related Values Protection
(1) Sources that are not federal major
sources are exempt from the requirements of this rule.
(2) When directed by OAR
340 division 224, the requirements of this rule apply to each emissions unit that
increases the actual emissions of a regulated pollutant above the portion of the
netting basis attributable to that emissions unit.
(3) DEQ must provide notice
of permit applications involving AQRV analysis to EPA and Federal Land Managers
as follows:
(a) If a proposed source
could impact air quality related values, including visibility, deposition, and ozone
impacts within a Class I area, DEQ will provide written notice to the EPA and to
the appropriate Federal Land Manager within 30 days of receiving such permit application.
The notice will include a copy of all information relevant to the permit application,
including analysis of anticipated impacts on Class I area air quality related values.
DEQ will also provide at least 30 days notice to EPA and the appropriate Federal
Land Manager of any scheduled public hearings and preliminary and final actions
taken on the application;
(b) If DEQ receives advance
notice of a permit application for a source that may affect Class I area visibility,
DEQ will notify all affected Federal Land Managers within 30 days of receiving the
advance notice;
(c) During its review of
source impacts on Class I area air quality related values, pursuant to this rule,
DEQ will consider any analysis performed by the Federal Land Manager that is received
by DEQ within 30 days of the date that DEQ sent the notice required by subsection
(a). If DEQ disagrees with the Federal Land Manager's demonstration, DEQ will include
a discussion of the disagreement in the Notice of Public Hearing;
(d) As a part of the notification
required in OAR 340-209-0060, DEQ will provide the Federal Land Manager an opportunity
to demonstrate that the emissions from the proposed source would have an adverse
impact on air quality related values, of any federal mandatory Class I area. This
adverse impact determination may be made even if there is no demonstration that
a Class I PSD increment has been exceeded. If DEQ agrees with the demonstration,
it will not issue the permit.
(4) Visibility impact analysis
requirements:
(a) If division 224 requires
a visibility impact analysis, the owner or operator must demonstrate that the potential
to emit any regulated pollutant at a SER in conjunction with all other applicable
emission increases or decreases, including secondary emissions, permitted since
January 1, 1984 and other increases or decreases in emissions, will not cause or
contribute to significant impairment of visibility on any Class I area.
(b) The owner or operator
must conduct a visibility analysis on the Columbia River Gorge National Scenic Area
if it is affected by the source;
(c) The owner or operator
must submit all information necessary to perform any analysis or demonstration required
by these rules.
(d) Determination of significant
impairment: The results of the modeling must be sent to the affected Federal Land
Managers and DEQ. The land managers may, within 30 days following receipt of the
source's visibility impact analysis, determine whether or not significant impairment
of visibility in a Class I area would result. DEQ will consider the comments of
the Federal Land Manager in its consideration of whether significant impairment
of visibility in a Class I area will result. If DEQ determines that significant
impairment of visibility in a Class I area would result, it will not issue a permit
for the proposed source.
(5) In consultation with
the Federal Land Managers under FLAG, DEQ may require a plume blight analysis or
regional haze analysis, or both.
(6) Criteria for visibility
impacts:
(a) The owner or operator
of a source, where required by division 224, is encouraged to demonstrate that its
impacts on visibility satisfy the guidance criteria as referenced in the FLAG.
(b) If visibility impacts
are a concern, DEQ will consider comments from the Federal Land Manager when deciding
whether significant impairment will result. Emission offsets may also be considered.
If DEQ determines that significant impairment of visibility in a Class I area would
result, it will not issue a permit for the proposed source.
(7) Deposition modeling is
required for receptors in PSD Class I areas and the Columbia River Gorge National
Scenic Area where visibility modeling is required. This may include, but is not
limited to an analysis of nitrogen deposition and sulfur deposition.
(8) Visibility monitoring:
(a) If division 224 requires
visibility monitoring data, the owner or operator must use existing data to establish
existing visibility conditions within Class I areas as summarized in the FLAG Report.
(b) After construction has
been completed the owner or operator must conduct such visibility monitoring if
DEQ requires visibility monitoring as a permit condition to establish the effect
of the regulated pollutant on visibility conditions within the impacted Class I
area.
(9) Additional impact analysis:
The owner or operator subject to OAR 340-224-0060(2) or 340-224-0070(3) must provide
an analysis of the impact to visibility that would occur as a result of the proposed
source and general commercial, residential, industrial, and other growth associated
with the source.
(10) If the Federal Land
Manager recommends and DEQ agrees, DEQ may require the owner or operator to analyze
the potential impacts on other Air Quality Related Values and how to protect them.
Procedures from the FLAG report must be used in this recommendation. Emission offsets
may also be used. If the Federal Land Manager finds that significant impairment
of visibility in a Class I area would result from the proposed activities and DEQ
agrees, DEQ will not issue a permit for the proposed source.
(11) Any analyses performed
under this section must be done in compliance with OAR 340-225-0030 and 340-225-0040,
as applicable.
Stat. Auth.: ORS 468.020 & 468A.070
Stats. Implemented: ORS 468A
Hist.: DEQ 18-1984, f. &
ef. 10-16-84; DEQ 14-1985, f. & ef. 10-16-85; DEQ 4-1993, f. & cert. ef.
3-10-93; DEQ 12-1993, f. & cert. ef. 9-24-93, Renumbered from 340-020-0276;
DEQ 19-1993, f. & cert. ef. 11-4-93; DEQ 26-1996, f. & cert. ef. 11-26-96;
DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-2000; DEQ 6-2001,
f. 6-18-01, cert. ef. 7-1-01, Renumbered from 340-224-0110; DEQ 7-2015, f. &
cert. ef. 4-16-15

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