Division 222


Published: 2015

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

 

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DEPARTMENT OF ENVIRONMENTAL QUALITY

 
DIVISION 222

STATIONARY SOURCE PLANT SITE
EMISSION LIMITS
NOTE: These rules are included in the
State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR
340-200-0040.
340-222-0010
Policy
The EQC recognizes the need to establish
a more definitive method for regulating increases and decreases in air emissions
of permit holders. However, except as needed to protect ambient air quality standards,
PSD increments and visibility, the EQC does not intend to: limit the use of existing
production capacity of any air quality permittee; cause any undue hardship or expense
to any permittee who wishes to use existing unused productive capacity; or create
inequity within any class of permittees subject to specific industrial standards
that are based on emissions related to production.
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 25-1981, f. &
ef. 9-8-81; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 12-1993, f. & cert.
ef. 9-24-93, Renumbered from 340-020-0300; DEQ 19-1993, f. & cert. ef. 11-4-93;
DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1000; DEQ 6-2001,
f. 6-18-01, cert. ef. 7-1-01; DEQ 7-2015, f. & cert. ef. 4-16-15
340-222-0020
Applicability and Jurisdiction
(1) Plant Site Emission Limits (PSELs)
will be included in all Air Contaminant Discharge Permits (ACDP) and Oregon Title
V Operating Permits, except as provided in section (3), as a means of managing airshed
capacity by regulating increases and decreases in air emissions. Except as provided
in OAR 340-222-0035(5) and 340-222-0060, all ACDP and Title V sources are subject
to PSELs for all regulated pollutants listed in the definition of SER in 340-200-0020.
DEQ will incorporate PSELs into permits when issuing a new permit or renewing or
modifying an existing permit.
(2) The emissions limits
established by PSELs provide the basis for:
(a) Assuring reasonable further
progress toward attaining compliance with ambient air quality standards;
(b) Assuring compliance with
ambient air quality standards and PSD increments;
(c) Administering offset
and banking programs; and
(d) Establishing the baseline
for tracking the consumption of PSD increments.
(3) PSELs are not required
for:
(a) Regulated pollutants
that will be emitted at less than the de minimis emission level listed in OAR 340-200-0020
from the entire source;
(b) Short Term Activity and
Basic ACDPs;
(c) Hazardous air pollutants
as listed in OAR 340-244-0040 Table 1; high-risk pollutants listed in 40 CFR 63.74;
or accidental release substances listed in 40 CFR 68.130; or air toxics listed in
OAR 340 division 246; except that PSELs are required for pollutants identified in
this subsection that are also listed in the definition of SER, 340-200-0020.
(4) PSELs may be generic
PSELs, source specific PSELs set at the generic PSEL levels, or source specific
PSELs set at source specific levels.
(a) A source with a generic
PSEL cannot maintain a netting basis for that regulated pollutant.
(b) A source with a source
specific PSEL that is set at the generic PSEL level may maintain a netting basis
for that regulated pollutant provided the source is operating under a Standard ACDP
or Title V Operating permit.
(5) 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.
NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.
[ED. NOTE: Tables referenced are available
from the agency.]
Stat. Auth.: ORS 468.020,
468A.025, 468A.040 & 468A.310
Stats. Implemented: ORS 468A
Hist.: DEQ 25-1981, f. &
ef. 9-8-81; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 12-1993, f. & cert.
ef. 9-24-93, Renumbered from 340-020-0301; DEQ 19-1993, f. & cert. ef. 11-4-93;
DEQ 22-1995, f. & cert. ef. 10-6-95; DEQ 22-1996, f. & cert. ef. 10-22-96;
DEQ 14-1998, f. & cert. ef. 9-14-98; DEQ 14-1999, f. & cert. ef. 10-14-99,
Renumbered from 340-028-1010; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 4-2008(Temp).
f. 3-4-08, cert. ef. 3-6-08 thru 9-1-08; DEQ 11-2008, f. & cert. ef. 8-29-08;
DEQ 7-2015, f. & cert. ef. 4-16-15
340-222-0030
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.
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
Stats. Implemented: ORS 468A
Hist.: DEQ 14-1999, f. &
cert. ef. 10-14-99; DEQ 7-2015, f. & cert. ef. 4-16-15
Criteria for Establishing Plant
Site Emission Limits
340-222-0035
General Requirements for Establishing
All PSELs
(1) PSELs may not exceed limits established
by any applicable federal or state regulation or by any specific permit conditions
unless the source meets the specific provisions of OAR 340-226-0400 (Alternative
Emission Controls).
(2) DEQ may change source
specific PSELs at the time of a permit renewal, or if DEQ modifies a permit pursuant
to OAR 340-216-0084, Department Initiated Modifications, or 340-218-0200, Reopenings,
if:
(a) DEQ determines errors
were made in calculating the PSELs or more accurate and reliable data is available
for calculating PSELs; or
(b) More stringent control
is required by a rule adopted by the EQC.
(3) PSEL reductions required
by rule, order or permit condition will be effective on the compliance date of the
rule, order, or permit condition.
(4) Annual PSELs apply on
a rolling 12 consecutive month basis and limit the source's potential to emit.
(5) PSELs do not include
emissions from categorically insignificant activities. Emissions from categorically
insignificant activities must be considered when determining Major NSR or Type A
State NSR applicability under OAR 340 division 224.
(6) PSELs must include aggregate
insignificant emissions, if applicable.
NOTE: This rule was moved verbatim
from OAR 340-222-0043 and 340-222-0070 and amended on 04-16-15. Previous rule history
for OAR 340-222-0043: DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01. Previous rule history
for OAR 340-222-0070: DEQ 12-1993, f. & cert. ef. 9-24-93; DEQ 19-1993, f. &
cert. ef. 11-4-93; DEQ 2-1996, f. & cert. ef. 1-29-96; DEQ 14-1999, f. &
cert. ef. 10-14-99, Renumbered from 340-028-1060; DEQ 6-2001, f. 6-18-01, cert.
ef. 7-1-01
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
DEQ 6-2001, f. 6-18-01, cert.
ef. 7-1-01; Renumbered from 340-222-0043, DEQ 7-2015, f. & cert. ef. 4-16-15
340-222-0040
Generic Annual PSEL
(1) Sources with capacity less than
the SER will receive a generic PSEL unless they have a netting basis and request
a source specific PSEL under OAR 340-222-0041.
(2) A generic PSEL may be
used for any regulated pollutant that will be emitted at less than the SER.
(3) The netting basis for
a source with a generic PSEL is zero for that regulated pollutant.
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 25-1981, f. &
ef. 9-8-81; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 12-1993, f. & cert.
ef. 9-24-93, Renumbered from 340-020-0310; DEQ 19-1993, f. & cert. ef. 11-4-93;
DEQ 22-1995, f. & cert. ef. 10-6-95; DEQ 14-1999, f. & cert. ef. 10-14-99,
Renumbered from 340-028-1020; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 7-2015,
f. & cert. ef. 4-16-15
340-222-0041
Source Specific Annual PSEL
(1) For sources with potential to emit
less than the SER that request a source specific PSEL, the source specific PSEL
will be set equal to the generic PSEL level.
(2) For sources with potential
to emit greater than or equal to the SER, the source specific PSEL will be set equal
to the source's potential to emit, netting basis or a level requested by the applicant,
whichever is less, except as provided in section (3) or (4).
(3) The initial source specific
PSEL for PM2.5 for a source that was permitted on or before May 1, 2011 with potential
to emit greater than or equal to the SER will be set equal to the PM2.5 fraction
of the PM10 PSEL in effect on May 1, 2011.
(a) Any source with a permit
in effect on May 1, 2011 is eligible for an initial PM2.5 PSEL without being otherwise
subject to OAR 340-222-0041(4).
(b) For a source that had
a permit in effect on May 1, 2011 but later needs to correct its PM10 PSEL that
was in effect on May 1, 2011 due to more accurate or reliable information, the corrected
PM10 PSEL will be used to correct the initial PM2.5 PSEL.
(A) Correction of a PM10
PSEL will not by itself trigger OAR 340-222-0041(4) for PM2.5.
(B) Correction of a PM10
PSEL could result in further requirements for PM10 in accordance with all applicable
regulations.
(c) If after establishing
the initial PSEL for PM2.5 in accordance with this rule and establishing the initial
PM2.5 netting basis in accordance with OAR 340-222-0046, the PSEL is more than nine
tons above the netting basis, any future increase in the PSEL for any reason would
be subject to 340-222-0041(4).
(4) If an applicant wants
an annual PSEL at a rate greater than the netting basis, the applicant must, consistent
with OAR 340-222-0035:
(a) Demonstrate that the
requested increase over the netting basis is less than the SER; or
(b) For increases equal to
or greater than the SER over the netting basis, demonstrate that the applicable
Major NSR or State NSR requirements in OAR 340 division 224 have been satisfied,
except that an increase in the PSEL for GHGs is subject to the requirements of NSR
specified in 340-224-0010(1)(c) only if the criteria in 340-224-0010(1)(c) are met.
(5) If the netting basis
is adjusted in accordance with OAR 340-222-0051(3), then the source specific PSEL
is not required to be adjusted.
(6) For sources that meet
the criteria in subsections (a), (b) and (c), the requirements of OAR 340-222-0041(4)
do not immediately apply, but any future increase in the PSEL greater than or equal
to the de minimis level for any reason is subject to OAR 340-222-0041(4).
(a) A PSEL is established
or revised to include emissions from activities that both existed at a source and
were defined as categorically insignificant activities prior to April 16, 2015;
(b) The PSEL exceeds the
netting basis by more than or equal to the SER solely as a result of a revision
described in subsection (a); and
(c) The source would not
have been subject to Major NSR or Type A State NSR under the applicable requirements
of division 224 prior to April 16, 2015 if categorically insignificant activities
had been considered.
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 6-2001, f. 6-18-01,
cert. ef. 7-1-01; DEQ 11-2002, f. & cert. ef. 10-8-02; DEQ 7-2015, f. &
cert. ef. 4-16-15
340-222-0042
Short Term PSEL
(1) For sources located in areas with
an established short term SER that is measured over an averaging period less than
a full year, PSELs are required on a short term basis for those regulated pollutants
that have a short term SER. The short term averaging period is daily, unless emissions
cannot be monitored on a daily basis. The averaging period for short term PSELs
can never be greater than monthly.
(a) For new and existing
sources with potential to emit less than the short term SER, the short term PSEL
will be set equal to the level of the short term generic PSEL.
(b) For existing sources
with potential to emit greater than or equal to the short term SER, a short term
PSEL will be set equal to the source's short term potential to emit or to the current
permit’s short term PSEL, whichever is less.
(c) For new sources with
potential to emit greater than or equal to the short term SER, the initial short
term PSEL will be set at the level requested by the applicant provided the applicant
meets the requirements of (2)(b).
(2) If a permittee requests
an increase in a short term PSEL that will exceed the short term netting basis by
an amount equal to or greater than the short term SER, the permittee must satisfy
the requirements of subsections (a) or (b). In order to satisfy the requirements
of subsection (a) or (b), the short term PSEL increase must first be converted to
an annual increase by multiplying the short term increase by 8,760 hours, 365 days,
or 12 months, depending on the term of the short term PSEL.
(a) Obtain offsets in accordance
with the offset provisions for the designated area as specified in OAR 340-224-0510
through 340-224-0530, as applicable; or
(b) Obtain an allocation
from an available growth allowance in accordance with the applicable maintenance
plan.
(3) Once the short term PSEL
is increased pursuant to section (2), the increased level becomes the basis for
evaluating future increases in the short term PSEL.
NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.
[ED. NOTE: Tables referenced are available
from the agency.]
Stat. Auth.: ORS 468.020,
468A.025, 468A.040 & 468A.310
Stats. Implemented: ORS 468A
Hist.: DEQ 6-2001, f. 6-18-01,
cert. ef. 7-1-01; DEQ 5-2011, f. 4-29-11, cert. ef. 5-1-11; DEQ 7-2015, f. &
cert. ef. 4-16-15
340-222-0043 [Renumbered to 340-222-0035]
340-222-0045 [Renumbered
to 340-222-0055]
340-222-0046
Netting Basis
(1) A netting basis will only be established
for those regulated pollutants that could subject a source to NSR under OAR 340
division 224.
(a) The initial PM2.5 netting
basis for a source that was permitted prior to May 1, 2011 will be established with
the first permitting action issued after July 1, 2011, provided the permitting action
involved a public notice period that began after July 1, 2011.
(b) The initial greenhouse
gas netting basis for a source will be established with the first permitting action
issued after July 1, 2011, provided the permitting action involved a public notice
period that began after July 1, 2011.
(2) A source’s netting
basis is established as specified in subsection (a), (b), or (c) and will be adjusted
according to section (3):
(a) For all regulated pollutants
except for PM2.5, a source’s initial netting basis is equal to the baseline
emission rate.
(b) For PM2.5, a source’s
initial netting basis is equal to the overall PM2.5 fraction of the PM10 PSEL in
effect on May 1, 2011 multiplied by the PM10 netting basis in effect on May 1, 2011.
DEQ may increase the initial PM2.5 netting basis by not more than 5 tons to ensure
that the PM2.5 PSEL does not exceed the PM2.5 netting basis by more than the PM2.5
SER.
(A) Any source with a permit
in effect on May 1, 2011 is eligible for a PM2.5 netting basis without being otherwise
subject to OAR 340-222-0041(4).
(B) For a source that had
a permit in effect on May 1, 2011 but later needs to correct its PM10 netting basis
that was in effect on May 1, 2011, due to more accurate or reliable information,
the corrected PM10 netting basis will be used to correct the initial PM2.5 netting
basis.
(i) Correction of a PM10
netting basis will not by itself trigger OAR 340-222-0041(4) for PM2.5.
(ii) Correction of a PM10
netting basis could result in further requirements for PM10 in accordance with all
applicable regulations.
(c) A source’s netting
basis is zero for:
(A) Any regulated pollutant
emitted from a source that first obtained permits to construct and operate after
the applicable baseline period for that regulated pollutant, and has not undergone
NSR for that regulated pollutant, except as provided in subsection (2)(b) for PM2.5;
(B) Any regulated pollutant
that has a generic PSEL in a permit; or
(C) Any source permitted
as portable.
(3) A source’s netting
basis will be adjusted as follows:
(a) The netting basis will
be reduced by any emission reductions required under a rule, order, or permit condition
issued by the EQC or DEQ and required by the SIP or used to avoid any state (e.g.,
NSR) or federal requirements (e.g., NSPS, NESHAP), as of the effective date of the
rule, order or permit condition;
(A) Netting basis reductions
are effective on the effective date of the rule, order or permit condition that
requires the reductions;
(B) Netting basis reductions
may only apply to sources that are permitted, on the effective date of the applicable
rule, order or permit condition, to operate the affected devices or emissions units
that are subject to the rule, order, or permit condition requiring emission reductions;
(C) Netting basis reductions
will include reductions for unassigned emissions for devices or emissions units
that are affected by the rule, order or permit condition, if the shutdown or over
control that created the unassigned emissions occurred within five years prior to
the adoption of the rule, order or permit condition that required an emission reduction
unless the unassigned emissions have been used for internal netting actions. This
provision applies to emission reductions that have been placed in unassigned emissions
or that are eligible to be placed in unassigned emissions but the permit that would
place them in unassigned emissions has not been issued.
(D) Netting basis reductions
will not affect emission reduction credits established under division 268.
(E) Netting basis reductions
for the affected devices or emissions units will be determined consistent with the
approach used to determine the netting basis prior to the regulatory action reducing
the emissions. The netting basis reduction is the difference between the emissions
calculated using the previous emission rate and the emission rate established by
rule, order, or permit using appropriate conversion factors when necessary.
(F) The netting basis reductions
will not include emission reductions achieved under OAR 340-226-0110, 340-226-0120,
or OAR 340 division 244;
(b) The netting basis will
be reduced by any unassigned emissions that are reduced under OAR 340-222-0055(3)(a);
(c) The netting basis will
be reduced by the amount of emission reduction credits transferred off site in accordance
with OAR 340 division 268;
(d) The netting basis will
be reduced when actual emissions are reduced according to OAR 340-222-0051(3);
(e) The netting basis will
be increased by any of the following:
(A) For sources that obtained
a permit on or after April 16, 2015, any emission increases approved through Major
NSR or Type A State NSR action under OAR 340 division 224;
(B) For sources that obtained
a permit prior to April 16, 2015, any emission increases approved through the NSR
regulations in OAR 340 division 224 in effect at the time; or
(C) For sources where the
netting basis was increased in accordance with the DEQ PSD rules that were in effect
prior to July 1, 2001, the netting basis may include emissions from emission units
that were not subject to both an air quality analysis and control technology requirements
if the netting basis had been increased following the rules in effect at the time.
(f) The netting basis will
be increased by any emissions from activities previously classified as categorically
insignificant prior to April 16, 2015, provided the activities existed during the
baseline period or at the time of the last NSR permitting action that changed the
netting basis under subsection (e).
(4) In order to maintain
the netting basis, permittees must maintain either a Standard ACDP or an Oregon
Title V Operating Permit. A request to be assigned any other type of ACDP sets the
netting basis at zero upon issuance of the other type of permit and remains at zero
unless an increase is approved under subsection (3)(e).
(5) If a source relocates
to a different site that DEQ determines is within or affects the same airshed, and
the time between operation at the old and new sites is less than six months, the
source may retain the netting basis from the old site.
(6) A source’s netting
basis for a regulated pollutant with a revised definition will be corrected if the
source is emitting the regulated pollutant at the time the definition is revised,
and the regulated pollutant is included in the source’s netting basis.
(7) Where EPA requires an
attainment demonstration based on dispersion modeling, the netting basis must not
be more than the level used in the dispersion modeling to demonstrate attainment
with the ambient air quality standard (i.e., the attainment demonstration is an
emission reduction required by rule).
NOTE: This rule was moved verbatim
from OAR 340-200-0020(76) and amended on 04-16-15. Previous rule history for OAR
340-200-0020: [DEQ 15-1978, f. & ef. 10-13-78; DEQ 4-1993, f. & cert. ef.
3-10-93; DEQ 47, f. 8-31-72, ef. 9-15-72; DEQ 63, f. 12-20-73, ef. 1-11-74; DEQ
107, f. & ef. 1-6-76; Renumbered from 340-020-0033.04; DEQ 25-1981, f. &
ef. 9-8-81; DEQ 5-1983, f. & ef. 4-18-83; DEQ 18-1984, f. & ef. 10-16-84;
DEQ 8-1988, f. & cert. ef. 5-19-88 (and corrected 5-31-88); DEQ 14-1989, f.
& cert. ef. 6-26-89; DEQ 42-1990, f. 12-13-90, cert. ef. 1-2-91; DEQ 2-1992,
f. & cert. ef. 1-30-92; DEQ 7-1992, f. & cert. ef. 3-30-92; DEQ 27-1992,
f. & cert. ef. 11-12-92; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 12-1993,
f. & cert. ef. 9-24-93, Renumbered from 340-020-0145, 340-020-0225, 340-020-0305,
340-020-0355, 340-020-0460 & 340-020-0520; DEQ 19-1993, f. & cert. ef. 11-4-93;
DEQ 20-1993(Temp), f. & cert. ef. 11-4-93; DEQ 13-1994, f. & cert. ef. 5-19-94;
DEQ 21-1994, f. & cert. ef. 10-14-94; DEQ 24-1994, f. & cert. ef. 10-28-94;
DEQ 10-1995, f. & cert. ef. 5-1-95; DEQ 12-1995, f. & cert. ef. 5-23-95;
DEQ 22-1995, f. & cert. ef. 10-6-95; DEQ 19-1996, f. & cert. ef. 9-24-96;
DEQ 22-1996, f. & cert. ef. 10-22-96; DEQ 9-1997, f. & cert. ef. 5-9-97;
DEQ 14-1998, f. & cert. ef. 9-14-98; DEQ 16-1998, f. & cert. ef. 9-23-98;
DEQ 21-1998, f. & cert. ef. 10-14-98; DEQ 1-1999, f. & cert. ef. 1-25-99;
DEQ 6-1999, f. & cert. ef. 5-21-99]; DEQ 14-1999, f. & cert. ef. 10-14-99,
Renumbered from 340-020-0205, 340-028-0110; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01;
DEQ 2-2005, f. & cert. ef. 2-10-05; DEQ 2-2006, f. & cert. ef. 3-14-06;
DEQ 6-2007(Temp), f. & cert. ef. 8-17-07 thru 2-12-08; DEQ 8-2007, f. &
cert. ef. 11-8-07; DEQ 10-2008, f. & cert. ef. 8-25-08; DEQ 5-2010, f. &
cert. ef. 5-21-10; 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
7-2011(Temp), f. & cert. ef. 6-24-11 thru 12-19-11; Administrative correction,
2-6-12; DEQ 1-2012, f. & cert. ef. 5-17-12; DEQ 4-2013, f. & cert. ef. 3-27-13;
DEQ 11-2013, f. & cert. ef. 11-7-13
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 7-2015, f. &
cert. ef. 4-16-15
340-222-0048
Baseline Period and Baseline Emission
Rate
(1) The baseline period used to calculate
the baseline emission rate is either:
(a) For any regulated pollutant
other than greenhouse gases and PM2.5, any consecutive 12 calendar month period
during the calendar years 1977 or 1978. DEQ may allow the use of a prior time period
upon a determination that it is more representative of normal source operation.
(b) For greenhouse gases,
any consecutive 12 calendar month period during the calendar years 2000 through
2010.
(c) For a pollutant that
becomes a regulated pollutant subject to OAR 340 division 224 after May 1, 2011,
any consecutive 12 calendar month period within the 24 months immediately preceding
the pollutant’s designation as a regulated pollutant if a baseline period
has not been defined for the regulated pollutant.
(2) A baseline emission rate
will be established only for those regulated pollutants subject to OAR 340 division
224.
(3) A baseline emission rate
will not be established for PM2.5.
(4) The baseline emission
rate for greenhouse gases, on a CO2e basis, will be established with the first permitting
action issued after July 1, 2011, provided the permitting action involved a public
notice period that began after July 1, 2011.
(5) For a pollutant that
becomes a regulated pollutant subject to OAR 340 division 224 after May 1, 2011,
the initial baseline emission rate is the actual emissions of that regulated pollutant
during the baseline period.
(6) The baseline emission
rate will be recalculated only under the following circumstances:
(a) For greenhouse gases,
if actual emissions are reset in accordance with OAR 340-222-0051(3);
(b) If a material mistake
or an inaccurate statement was made in establishing the production basis for the
baseline emission rate;
(c) If a more accurate or
reliable emission factor is available; or
(d) If emissions units that
were previously not included in baseline emission rate must be included as a result
of rule changes.
(7) The baseline emission
rate is not affected if emission reductions are required by rule, order, or permit
condition.
NOTE: This rule was moved verbatim
from OAR 340-200-0020(13) and (14) and amended on 04-16-15. Previous rule history
for OAR 340-200-0020: [DEQ 15-1978, f. & ef. 10-13-78; DEQ 4-1993, f. &
cert. ef. 3-10-93; DEQ 47, f. 8-31-72, ef. 9-15-72; DEQ 63, f. 12-20-73, ef. 1-11-74;
DEQ 107, f. & ef. 1-6-76; Renumbered from 340-020-0033.04; DEQ 25-1981, f. &
ef. 9-8-81; DEQ 5-1983, f. & ef. 4-18-83; DEQ 18-1984, f. & ef. 10-16-84;
DEQ 8-1988, f. & cert. ef. 5-19-88 (and corrected 5-31-88); DEQ 14-1989, f.
& cert. ef. 6-26-89; DEQ 42-1990, f. 12-13-90, cert. ef. 1-2-91; DEQ 2-1992,
f. & cert. ef. 1-30-92; DEQ 7-1992, f. & cert. ef. 3-30-92; DEQ 27-1992,
f. & cert. ef. 11-12-92; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 12-1993,
f. & cert. ef. 9-24-93, Renumbered from 340-020-0145, 340-020-0225, 340-020-0305,
340-020-0355, 340-020-0460 & 340-020-0520; DEQ 19-1993, f. & cert. ef. 11-4-93;
DEQ 20-1993(Temp), f. & cert. ef. 11-4-93; DEQ 13-1994, f. & cert. ef. 5-19-94;
DEQ 21-1994, f. & cert. ef. 10-14-94; DEQ 24-1994, f. & cert. ef. 10-28-94;
DEQ 10-1995, f. & cert. ef. 5-1-95; DEQ 12-1995, f. & cert. ef. 5-23-95;
DEQ 22-1995, f. & cert. ef. 10-6-95; DEQ 19-1996, f. & cert. ef. 9-24-96;
DEQ 22-1996, f. & cert. ef. 10-22-96; DEQ 9-1997, f. & cert. ef. 5-9-97;
DEQ 14-1998, f. & cert. ef. 9-14-98; DEQ 16-1998, f. & cert. ef. 9-23-98;
DEQ 21-1998, f. & cert. ef. 10-14-98; DEQ 1-1999, f. & cert. ef. 1-25-99;
DEQ 6-1999, f. & cert. ef. 5-21-99]; DEQ 14-1999, f. & cert. ef. 10-14-99,
Renumbered from 340-020-0205, 340-028-0110; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01;
DEQ 2-2005, f. & cert. ef. 2-10-05; DEQ 2-2006, f. & cert. ef. 3-14-06;
DEQ 6-2007(Temp), f. & cert. ef. 8-17-07 thru 2-12-08; DEQ 8-2007, f. &
cert. ef. 11-8-07; DEQ 10-2008, f. & cert. ef. 8-25-08; DEQ 5-2010, f. &
cert. ef. 5-21-10; 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
7-2011(Temp), f. & cert. ef. 6-24-11 thru 12-19-11; Administrative correction,
2-6-12; DEQ 1-2012, f. & cert. ef. 5-17-12; DEQ 4-2013, f. & cert. ef. 3-27-13;
DEQ 11-2013, f. & cert. ef. 11-7-13
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 7-2015, f. &
cert. ef. 4-16-15
340-222-0051
Actual Emissions
(1) A source’s actual emissions
as of the baseline period are the sum total of the actual emissions from each part
of the source for each regulated pollutant. The actual emissions as of the baseline
period will be determined to be:
(a) Except as provided in
subsections (b) and (c) and section (2), the average rate at which the source actually
emitted the regulated pollutant during normal source operations over an applicable
baseline period;
(b) The source specific mass
emissions limit included in a source's permit that was effective on Sep. 8, 1981
if such emissions are within 10% of the actual emissions calculated under subsection
(a); or
(c) The potential to emit
of the source or part of a source as specified in paragraphs (A) and (B). The actual
emissions will be reset if required in accordance with section (3).
(A) Any source or part of
a source that had not begun normal operations during the applicable baseline period
but was approved to construct and operate before or during the baseline period in
accordance with OAR 340 division 210 or 216, or was not required to obtain approval
to construct and operate before or during the applicable baseline period; or
(B) Any source or part of
a source that will emit greenhouse gases that had not begun normal operations prior
to Jan. 1, 2010, but was approved to construct and operate prior to Jan. 1, 2011
in accordance with OAR 340 division 210 or 216.
(2) For any source or part
of a source or any modification of a source or part of a source that had not begun
normal operations during the applicable baseline period, but was approved to construct
and operate in accordance with OAR 340 division 210, 216 or 224, actual emissions
of the source or part of the source equal the potential to emit of the source or
part of the source on the date the source or part of the source was approved to
construct and operate.
(3) For any source or part
of a source whose actual emissions of greenhouse gases were determined pursuant
to paragraph (1)(c)(B), and for all other sources of all other regulated pollutants
that are permitted in accordance with the Major NSR rules in OAR 340 division 224
on or after May 1, 2011, the potential to emit of the source or part of the source
will be reset to actual emissions as follows:
(a) Except as provided in
subsection (b), ten years from the end of the applicable baseline period under paragraph
(1)(c)(B) or ten years from the date the permit is issued under section (2), or
an earlier time if requested by the source in a permit application involving public
notice, DEQ will reset actual emissions of the source or part of the source to equal
the highest actual emission rate during any consecutive 12-month period during the
ten year period or any shorter period if requested by the source. Actual emissions
are determined as follows:
(A) The owner or operator
must select a consecutive 12-month period and the same 12-month period must be used
for all affected regulated pollutants and all affected devices or emissions units;
and
(B) The owner or operator
must determine the actual emissions during that 12-month period for each device
or emissions unit that was subject to Major NSR or Type A State NSR action under
OAR 340 division 224, or for which the baseline emission rate is equal to the potential
to emit.
(b) DEQ may extend the date
of resetting by five additional years upon satisfactory demonstration by the source
that construction is ongoing or normal operation has not yet been achieved.
(c) Any emission reductions
achieved due to enforceable permit conditions based on OAR 340-226-0110 and 340-226-0120
are not included in the reset calculation required in subsection (a).
(4) Regardless of the PSEL
compliance requirements specified in a permit, actual emissions from a source or
part of a source may be calculated for any given 12 consecutive month period using
data that is considered valid and representative of the source’s or part of
a source’s emissions. Actual emissions must be calculated using the unit's
actual operating hours, production rates, and types of materials processed, stored,
or combusted during the selected time period.
NOTE: This rule was moved verbatim
from OAR 340-200-0020(3) and amended on 04-16-15. Previous rule history for OAR
340-200-0020: [DEQ 15-1978, f. & ef. 10-13-78; DEQ 4-1993, f. & cert. ef.
3-10-93; DEQ 47, f. 8-31-72, ef. 9-15-72; DEQ 63, f. 12-20-73, ef. 1-11-74; DEQ
107, f. & ef. 1-6-76; Renumbered from 340-020-0033.04; DEQ 25-1981, f. &
ef. 9-8-81; DEQ 5-1983, f. & ef. 4-18-83; DEQ 18-1984, f. & ef. 10-16-84;
DEQ 8-1988, f. & cert. ef. 5-19-88 (and corrected 5-31-88); DEQ 14-1989, f.
& cert. ef. 6-26-89; DEQ 42-1990, f. 12-13-90, cert. ef. 1-2-91; DEQ 2-1992,
f. & cert. ef. 1-30-92; DEQ 7-1992, f. & cert. ef. 3-30-92; DEQ 27-1992,
f. & cert. ef. 11-12-92; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 12-1993,
f. & cert. ef. 9-24-93, Renumbered from 340-020-0145, 340-020-0225, 340-020-0305,
340-020-0355, 340-020-0460 & 340-020-0520; DEQ 19-1993, f. & cert. ef. 11-4-93;
DEQ 20-1993(Temp), f. & cert. ef. 11-4-93; DEQ 13-1994, f. & cert. ef. 5-19-94;
DEQ 21-1994, f. & cert. ef. 10-14-94; DEQ 24-1994, f. & cert. ef. 10-28-94;
DEQ 10-1995, f. & cert. ef. 5-1-95; DEQ 12-1995, f. & cert. ef. 5-23-95;
DEQ 22-1995, f. & cert. ef. 10-6-95; DEQ 19-1996, f. & cert. ef. 9-24-96;
DEQ 22-1996, f. & cert. ef. 10-22-96; DEQ 9-1997, f. & cert. ef. 5-9-97;
DEQ 14-1998, f. & cert. ef. 9-14-98; DEQ 16-1998, f. & cert. ef. 9-23-98;
DEQ 21-1998, f. & cert. ef. 10-14-98; DEQ 1-1999, f. & cert. ef. 1-25-99;
DEQ 6-1999, f. & cert. ef. 5-21-99]; DEQ 14-1999, f. & cert. ef. 10-14-99,
Renumbered from 340-020-0205, 340-028-0110; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01;
DEQ 2-2005, f. & cert. ef. 2-10-05; DEQ 2-2006, f. & cert. ef. 3-14-06;
DEQ 6-2007(Temp), f. & cert. ef. 8-17-07 thru 2-12-08; DEQ 8-2007, f. &
cert. ef. 11-8-07; DEQ 10-2008, f. & cert. ef. 8-25-08; DEQ 5-2010, f. &
cert. ef. 5-21-10; 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
7-2011(Temp), f. & cert. ef. 6-24-11 thru 12-19-11; Administrative correction,
2-6-12; DEQ 1-2012, f. & cert. ef. 5-17-12; DEQ 4-2013, f. & cert. ef. 3-27-13;
DEQ 11-2013, f. & cert. ef. 11-7-13
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 7-2015, f. &
cert. ef. 4-16-15
340-222-0055
Unassigned Emissions
(1) Purpose. The purpose of unassigned
emissions is to track and manage the difference in the quantity of emissions between
the netting basis and what the source could emit based on the facility's current
physical and operational design.
(2) Establishing unassigned
emissions.
(a) Unassigned emissions
equal the netting basis minus the source's current PTE, minus any banked emission
reduction credits. Unassigned emissions are zero if this result is negative.
(b) Unused capacity created
after the effective date of this rule due to reduced potential to emit that is not
banked or expired emission reduction credits (OAR 340-268-0030), increase unassigned
emissions on a ton for ton basis.
(3) Maximum unassigned emissions.
(a) Except as provided in
paragraph (c), unassigned emissions will be reduced to not more than the SER (OAR
340-200-0020) on July 1, 2007 and at each permit renewal following that date.
(b) The netting basis is
reduced by the amount that unassigned emissions are reduced.
(c) In an AQMA where the
EPA requires an attainment demonstration based on dispersion modeling, unassigned
emissions are not subject to reduction under this rule.
(4) Using unassigned emissions.
(a) An existing source may
use unassigned emissions for internal netting to allow an emission increase in accordance
with the permit.
(b) A source may not bank
unassigned emissions or transfer them to another source.
(c) A source may not use
emissions that are removed from the netting basis, including emission reductions
required by rule, order or permit condition under OAR 340-222-0046(3)(a)(C), for
netting in any future permit actions.
(5) Upon renewal, modification
or other reopening of a permit after July 1, 2002 the unassigned emissions will
be established with an expiration date of July 1, 2007 for all unassigned emissions
in excess of the SER. Each time the permit is renewed after July 1, 2007 the unassigned
emissions will be established again and reduced upon the following permit renewal
to no more than the SER for each regulated pollutant.
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 6-2001, f. 6-18-01,
cert. ef. 7-1-01; DEQ 5-2011, f. 4-29-11, cert. ef. 5-1-11; Renumbered from 340-222-0045;
DEQ 7-2015, f. & cert. ef. 4-16-15
340-222-0060
Plant Site Emission Limits for Sources
of Hazardous Air Pollutants
(1) DEQ may establish PSELs for hazardous
air pollutants (HAPs) if an owner or operator requests that DEQ:
(a) Establish a PSEL for
combined HAPs emitted for purposes of determining emission fees as prescribed in
OAR 340 division 220; or
(b) Create an enforceable
PTE limit.
(2) PSELs will be set only
for individual or combined HAPs and will not list HAPs by name. The PSEL will be
set on a rolling 12 month basis and will be either:
(a) The generic PSEL if the
permittee proposes a limit less than that level; or
(b) The level the permittee
establishes necessary for the source if greater than the generic PSEL.
(3) The alternative emissions
controls (bubble) provisions of OAR 340-226-0400 do not apply to emissions of HAPs.
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 12-1993, f. &
cert. ef. 9-24-93; 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 340-028-1050;
DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 7-2015, f. & cert. ef. 4-16-15
340-222-0080
Plant Site Emission Limit Compliance
(1) The permittee must monitor regulated
pollutant emissions or other parameters that are sufficient to produce the records
necessary for demonstrating compliance with the PSEL.
(2) The frequency of the
monitoring and associated averaging periods must be as short as possible and consistent
with that used in the compliance method.
(3)(a) For annual PSELs,
the permittee must monitor appropriate parameters and maintain all records necessary
for demonstrating compliance with the annual PSEL at least monthly and be able to
determine emissions on a rolling 12 consecutive month basis.
(b) For short term PSELs,
the permittee must monitor appropriate parameters and maintain all records necessary
for demonstrating compliance with any short term PSEL at least as frequently as
the short term PSEL averaging period.
(4) The applicant must specify
in the permit application the method that will be used to determine compliance with
the PSEL. DEQ will review the method and approve or modify, as necessary, to assure
compliance with the PSEL. DEQ will include PSEL compliance monitoring methods in
all permits that contain PSELs. Depending on source operations, one or more of the
following methods may be acceptable:
(a) Continuous emissions
monitors;
(b) Material balance calculations;
(c) Emissions calculations
using approved emission factors and process information;
(d) Alternative production
or process limits; and
(e) Other methods approved
by DEQ.
(5) When annual reports are
required, the permittee must include the emissions total for each consecutive 12
month period during the calendar year, unless otherwise specified by a permit condition.
(6) Regardless of the PSEL
compliance requirements specified in a permit, actual emissions may be calculated
in accordance with OAR 340-222-0051(4).
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 6-2001, f. 6-18-01,
cert. ef. 7-1-01; DEQ 7-2015, f. & cert. ef. 4-16-15
340-222-0090
Combining and Splitting Sources
and Changing Primary SIC Code
(1) Two or more sources may combine
into one source if the criteria in subsection (a) are met. When two or more sources
combine into one source under this rule, the combined source is subject to the criteria
in subsection (b).
(a) Two or more sources may
combine into one source only if all of the following criteria are met:
(A) All individual sources
that are being combined must be located within or impact the same airshed; and
(B) The combined source must
have the same primary 4-digit SIC code as at least one of the individual sources
that are being combined.
(b) The combined source is
regulated as one source, subject to the following:
(A) The combined source netting
basis is the sum of the individual sources’ netting basis, provided that the
netting basis of any individual source being combined may only be included in the
combined source’s netting basis if that individual source has a primary or
secondary 2-digit SIC code that is the same as the primary or a secondary 2-digit
SIC code of the combined source.
(B) The simple act of combining
sources, without an increase over the combined PSEL, does not subject the combined
source to Major or State NSR.
(C) If the combined source
PSEL, without a requested increase over the existing combined PSEL, exceeds the
combined netting basis plus the SER, the source may continue operating at the existing
combined source PSEL without becoming subject to NSR until such time that the source
requests an increase in the PSEL or the source is modified. If a source requests
an increase in the PSEL or the source is modified, DEQ will evaluate whether NSR
will be required.
(2) When one source is split
into two or more separate sources, or when a source changes its primary activity
(primary 2-digit SIC code):
(a) The netting basis and
SER may be transferred to one or more resulting source or sources only if:
(A) The primary 2-digit SIC
code of the resulting source is the same as one of the primary or secondary 2-digit
SIC codes that applied at the original source; or
(B) The resulting source
and the original source have different primary 2-digit SIC codes but DEQ determines
the activities described by the two different primary 2-digit SIC codes are essentially
the same.
(b) The netting basis and
the SER for the original source are split amongst the resulting sources as requested
by the original permittee.
(c) The amount of the netting
basis that is transferred to the resulting source or sources may not exceed the
potential to emit of the existing devices or emissions units involved in the split.
(d) The split of netting
basis and SER must either:
(A) Be sufficient to avoid
NSR for each of the newly created sources; or
(B) The newly created source
that becomes subject to NSR must comply with the requirements of OAR 340 division
224 before beginning operation under the new arrangement.
(3) The owner or operator
of the source, device or emissions unit must maintain records of physical changes
and changes in the method operation occurring since the baseline period or most
recent Major NSR or Type A State NSR action under OAR 340 division 224. These records
must be included in any future evaluation under OAR 340-224-0025 (major modification).
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 6-2001, f. 6-18-01,
cert. ef. 7-1-0 ; DEQ 7-2015, f. & cert. ef. 4-16-15

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