New Source Review


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 224
NEW SOURCE REVIEW

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.
340-224-0010
Applicability, General Prohibitions,
General Requirements and Jurisdiction
(1) Except as provided in subsection
(c), the owner or operator of a source undertaking one of the following actions
must comply with the applicable Major New Source Review requirements of OAR 340-224-0010
through 340-224-0070 and 340-224-0500 through 340-224-0540 for such actions prior
to construction or operation:
(a) In an attainment, unclassified
or sustainment area:
(A) Construction of a new
federal major source;
(B) Major modification at
an existing federal major source; or
(C) Major modification at
an existing source that will become a federal major source because emissions of
a regulated pollutant are increased to the federal major source level or more.
(b) In a nonattainment, reattainment
or maintenance area:
(A) Construction of a new
source that will emit 100 tons per year or more of the nonattainment, reattainment
or maintenance pollutant;
(B) A major modification
for the nonattainment, reattainment or maintenance pollutant, at an existing source
that emits 100 tons per year or more of the nonattainment, reattainment or maintenance
pollutant; or
(C) A major modification
for the nonattainment, reattainment or maintenance pollutant, at an existing source
that will increase emissions of the nonattainment, reattainment or maintenance pollutant
to 100 tons per year or more.
(c) The owner or operator
of a source is subject to Prevention of Significant Deterioration for GHGs under
OAR 340-224-0070 if the owner or operator is first subject to OAR 340-224-0070 for
a pollutant other than GHGs, and the source meets the criteria in paragraph (A)
or (B);
(A) The source is a new source
which will emit GHGs at a rate equal to or greater than the SER; or
(B) The source is an existing
source which is undertaking a major modification for GHGs.
(2) Except as provided in
subsection (c), the owner or operator of a source that is undertaking an action
that is not subject to Major NSR under section (1) and is one of the actions identified
in subsections (a) or (b) must comply with the applicable State New Source Review
requirements of OAR 340-224-0010 through 340-224-0038, 340-224-0245 through 340-224-0270
and 340-224-0500 through 340-224-0540 for such action prior to construction or operation.
(a) In a nonattainment, reattainment
or maintenance area:
(A) Construction of a new
source that will have emissions of the nonattainment, reattainment or maintenance
pollutant equal to or greater than the SER; or
(B) Major modification for
the nonattainment, reattainment or maintenance pollutant, at an existing source
that will have emissions of the nonattainment, reattainment or maintenance pollutant
equal to or greater than the SER over the netting basis.
(b) In any designated area,
for actions other than those identified in subsection (a):
(A) Construction of a new
source that will have emissions of a regulated pollutant equal to or greater than
the SER; or
(B) Increasing emissions
of a regulated pollutant to an amount that is equal to or greater than the SER over
the netting basis.
(c) GHGs are not subject
to State NSR.
(d) Type A and Type B State
NSR: State NSR actions are categorized as follows:
(A) Actions under subsection
(a), and actions for which the source must comply with OAR 340-224-0245(2), are
categorized as Type A State NSR actions; and
(B) Actions under subsection
(b) are categorized as Type B State NSR unless the source must comply with OAR 340-224-0245(2).
(3) The owner or operator
of a source subject to section (1) or (2) must apply this division based on the
type of designated area where the source is located for each regulated pollutant,
taking the following into consideration:
(a) The source may be subject
to this division for multiple pollutants;
(b) Some pollutants, including
but not limited to NOx, may be subject to multiple requirements in this division
both as pollutants and as precursors to other pollutants;
(c) Every location in the
state carries an area designation for each criteria pollutant and the entire state
is treated as an unclassified area for regulated pollutants that are not criteria
pollutants; and
(d) Designated areas may
overlap.
(4) Where this division requires
the owner or operator of a source to conduct analysis under or comply with a rule
in OAR 340 division 225, the owner or operator must complete such work in compliance
with OAR 340-225-0030 and 340-225-0040.
(5) Owners and operators
of all sources may be subject to other DEQ rules, including, but not limited to,
Notice of Construction and Approval of Plans (OAR 340-210-0205 through 340-210-0250),
ACDPs (OAR 340 division 216), Title V permits (OAR 340 division 218), Highest and
Best Practicable Treatment and Control (OAR 340-226-0100 through 340-226-0140),
Emission Standards for Hazardous Air Contaminants (OAR 340 division 244), and Standards
of Performance for New Stationary Sources (OAR 340 division 238), as applicable.
(6) An owner or operator
of a source that meets the applicability criteria of sections (1) or (2) may not
begin actual construction, continue construction or operate the source without complying
with the requirements of this division and obtaining an air contaminant discharge
permit (ACDP) issued by DEQ authorizing such construction or operation.
(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.
NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR
340-200-0040.
Stat. Auth.: ORS 468.020, 468A.025,
468A.040, 468A.050, 468A.055, 468A.135 & 468A.155
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 340-020-0220; 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 340-028-1900; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; 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 12-2014(Temp), f. & cert. ef. 11-12-14 thru 5-10-15; DEQ 7-2015, f. &
cert. ef. 4-16-15
340-224-0020
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.
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
340-224-0025
Major Modification
(1) Except as provided in sections (3)
and (4), "major modification" means a change at a source described in section (2)
for any regulated pollutant subject to NSR since the later of:
(a) The baseline period for
all regulated pollutants except PM2.5;
(b) May 1, 2011 for PM2.5;
or
(c) The most recent Major
or Type A State NSR action for that regulated pollutant.
(2)(a) Any physical change
or change in the method of operation of a source that results in emissions described
in paragraphs (A) and (B):
(A) A PSEL or actual emissions
that exceed the netting basis by an amount that is equal to or greater than the
SER; and
(B) The accumulation of emission
increases due to all physical changes and changes in the method of operation that
is equal to or greater than the SER. For purposes of this paragraph, emission increases
shall be calculated as follows: For each unit with a physical change or change in
the method of operation occurring at the source since the later of the dates in
subsections (1)(a) through (1)(c) as applicable for each pollutant, subtract the
unit’s portion of the netting basis from its post-change potential to emit
taking into consideration any federally enforceable limits on potential to emit.
Emissions from categorically insignificant activities, aggregate insignificant emissions,
and fugitive emissions must be included in the calculations.
(b) For purposes of this
section:
(A) “The unit’s
portion of the netting basis” means the portion of the netting basis assigned
to or associated with the unit in question, taking into consideration the following,
as applicable:
(i) The unit’s portion
of the netting basis when the netting basis is established under OAR 340-222-0046(2);
and
(ii) Any adjustments under
OAR 340-222-0046(3) that affect the unit’s portion of the netting basis.
(B) Emission increases due
solely to increased use of equipment or facilities that existed or were permitted
or approved to construct in accordance with OAR 340 division 210 during the applicable
baseline period are not included, except if the increased use is to support a physical
change or change in the method of operation.
(C) If a portion of the netting
basis or PSEL or both was set based on PTE because the source had not begun normal
operations but was permitted or approved to construct and operate, that portion
of the netting basis or PSEL or both must be excluded until the netting basis is
reset as specified in OAR 340-222-0046(3)(d) and 340-222-0051(3).
(3) “Major modification”
means any change including production increases, at a source that obtained a permit
to construct and operate after the applicable baseline period but has not undergone
Major NSR or Type A State NSR, that meets the criteria in subsections (a) or (b):
(a) The change would result
in a PSEL increase of the de minimis level or more for any regulated pollutant at
a federal major source in attainment, unclassified or sustainment areas; or
(b) The change would result
in a PSEL increase of the de minimis level or more for the sustainment, nonattainment,
reattainment or maintenance pollutant if the source emits such pollutant at the
SER or more in a sustainment, nonattainment, reattainment, or maintenance area.
(c) This section does not
apply to PM2.5 and greenhouse gases.
(d) Changes to the PSEL solely
due to the availability of more accurate and reliable emissions information are
exempt from being considered an increase under this section.
(4) Major modifications for
ozone precursors or PM2.5 precursors also constitute major modifications for ozone
and PM2.5, respectively.
(5) Except as provided in
sections (1), (3), and (4), the following are not major modifications:
(a), Increases in hours of
operation or production rates that would cause emission increases above the levels
allowed in a permit but would not involve a physical change or change in method
of operation of the source.
(b) Routine maintenance,
repair, and replacement of components.
(c) Temporary equipment installed
for maintenance of the permanent equipment if the temporary equipment is in place
for less than six months and operated within the permanent equipment's existing
PSEL.
(d) Use of alternate fuel
or raw materials, that were available during, and that the source would have been
capable of accommodating in the baseline period.
(6) When more accurate or
reliable emissions information becomes available, a recalculation of the PSEL, netting
basis, and increases/decreases in emissions must be performed to determine whether
a major modification has occurred.
NOTE: This rule was moved verbatim from OAR
340-200-0020(71) 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.035, 468A.040, 468A.050, 468A.055 & 468A.070
Stats. Implemented: ORS 468A
Hist.: DEQ 7-2015, f. &
cert. ef. 4-16-15
340-224-0030
New Source Review Procedural Requirements
(1) Information Required. The owner
or operator of a source subject to Major NSR or State NSR must submit an application
and all information DEQ needs to perform any analysis or make any determination
required under this division and OAR 340 division 225. The information must be in
writing on forms supplied or approved by DEQ and include the information required
to apply for a permit or permit modification under:
(a) OAR 340 division 216
for Major NSR or Type A State NSR action; or
(b) OAR 340 division 216
or 218, whichever is applicable, for Type B State NSR actions.
(2) Application Processing:
(a) For Type B State NSR,
DEQ will review applications and issue permits using the procedures in OAR 340 division
216 or 218, whichever is applicable.
(b) For Major NSR and Type
A State NSR:
(A) Notwithstanding the requirements
of OAR 340-216-0040(11), within 30 days after receiving an ACDP permit application
to construct, or any additional information or amendment to such application, DEQ
will advise the applicant whether the application is complete or if there is any
deficiency in the application or in the information submitted. For purposes of this
section, an application is complete as of the date on which DEQ received all required
information;
(B) Upon determining that
an application is complete, DEQ will undertake the public participation procedures
in OAR 340 division 209 for a Category IV permit action; and
(C) DEQ will make a final
determination on the application within twelve months after receiving a complete
application.
(3) An owner or operator
that obtained approval of a project under this division must obtain approval for
a revision to the project according to the permit application requirements in this
division and OAR 340 division 216 or 218, whichever is applicable, prior to initiating
the revision. If construction has commenced, the owner or operator must temporarily
halt construction until a revised permit is issued. The following are considered
revisions to the project that would require approval:
(a) A change that would increase
permitted emissions;
(b) A change that would require
a re-evaluation of the approved control technology; or
(c) A change that would increase
air quality impacts.
(4) For major NSR and Type
A State NSR permit actions, an ACDP that approves construction must require construction
to commence within 18 months of issuance. Construction approval terminates and is
invalid if construction is not commenced within 18 months after DEQ issues such
approval, or by the deadline approved by DEQ in an extension under section (5).
Construction approval also terminates and is invalid if construction is discontinued
for a period of 18 months or more or if construction is not completed within 18
months of the scheduled time. An ACDP may approve a phased construction project
with separate construction approval dates for each subsequent phase and, for purposes
of applying this section, the construction approval date for the second and subsequent
phases will be treated as the construction approval issuance date.
(5) For major NSR and Type
A State NSR permit actions, DEQ may grant for good cause two 18-month construction
approval extensions as follows:
(a) Except as provided in
subsection (i), for the first extension, the owner or operator must submit an application
to modify the permit that includes the following:
(A) A detailed explanation
of why the source could not commence construction within the initial 18-month period;
and
(B) Payment of the simple
technical permit modification fee in OAR 340-216-8020 Part 3.
(b) Except as provided in
subsection (i), for the second extension, the owner or operator must submit an application
to modify the permit that includes the following for the original regulated pollutants
subject to Major NSR or Type A State NSR:
(A) A detailed explanation
of why the source could not commence construction within the second 18-month period;
(B) A review of the original
LAER or BACT analysis for potentially lower limits and a review of any new control
technologies that may have become commercially available since the original LAER
or BACT analysis;
(C) A review of the air quality
analysis to address any of the following:
(i) All ambient air quality
standards and PSD increments that were subject to review under the original application;
(ii) Any new competing sources
or changes in ambient air quality since the original application was submitted;
(iii) Any new ambient air
quality standards or PSD increments for the regulated pollutants that were subject
to review under the original application; and
(iv) Any changes to EPA approved
models that would affect modeling results since the original application was submitted,
and
(D) Payment of the moderate
technical permit modification fee plus the modeling review fee in OAR 340-216-8020
Part 3.
(c) Except as provided in
subsection (i), the permit will be terminated 54 months after it was initially issued
if construction does not commence during that 54 month period. If the owner or operator
wants approval to construct beyond the termination of the permit, the owner or operator
must submit an application for a new Major NSR or Type A State NSR permit.
(d) If construction is commenced
prior to the date that construction approval terminates, the permit can be renewed
or the owner or operator may apply for a Title V permit as required in OAR 340-218-0190;
(e) To request a construction
approval extension under subsection (a) or (b), the owner or operator must submit
an application to modify the permit at least 30 days but not more than 90 days prior
to the end of the current construction approval period.
(f) Construction may not
commence during the period from the end of the preceding construction approval to
the time DEQ approves the next extension.
(g) DEQ will make a proposed
permit modification available using the following public participation procedures
in OAR 340 division 209:
(A) Category II for an extension
that does not require an air quality analysis; or
(B) Category III for an extension
that requires an air quality analysis.
(h) DEQ will grant a permit
modification extending the construction approval for 18 months from the end of the
first or second 18-month construction approval period, whichever is applicable,
if:
(A) Based on the information
required to be submitted under subsection (a) or (b), DEQ determines that the proposed
source will continue to meet NSR requirements; and
(B) For any extension, the
area impacted by the source has not been redesignated to sustainment or nonattainment
prior to the granting of the extension.
(i) If the area where the
source is located is redesignated to sustainment or nonattainment before any extension
is approved, the owner or operator must demonstrate compliance with the redesignated
area requirements if the source is subject to Major or Type A State NSR for the
redesignated pollutant, and must obtain the appropriate permit or permit revision
before construction may commence. The new permit or permit revision under this subsection
will be considered to start a new initial 18-month construction approval period.
(6) Approval to construct
does not relieve any owner or operator of the responsibility to comply fully with
applicable provisions of the SIP and any other requirements under local, state or
federal law;
(7) Sources that are subject
to OAR 340 division 218, Oregon Title V Permits, are subject to the following:
(a) Except as prohibited
in subsection (b), approval to construct a source under an ACDP issued under OAR
340 division 216 authorizes construction and operation of the source, until the
later of:
(A) One year from the date
of initial startup of operation of the source subject to Major NSR or Type A State
NSR; or
(B) If a timely and complete
application for an Oregon Title V Operating Permit is submitted, the date of final
action by DEQ on the Oregon Title V Operating Permit application.
(b) Where an existing Oregon
Title V Operating Permit prohibits construction or a change in operation, the owner
or operator must obtain a Title V permit revision before commencing the construction,
continuing the construction or making the change in operation.
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.035, 468A.040, 468A.050, 468A.055 & 468A.070
Stats. Implemented: ORS 468A
Hist.: DEQ 25-1981, f. &
ef. 9-8-81; DEQ 18-1984, f. & ef. 10-16-84; DEQ 13-1988, f. & cert. ef.
6-17-88; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 12-1993, f. & cert. ef.
9-24-93, Renumbered from 340-020-0230; DEQ 19-1993, f. & cert. ef. 11-4-93;
DEQ 24-1994, f. & cert. ef. 10-28-94; DEQ 22-1995, f. & cert. ef. 10-6-95;
DEQ 26-1996, f. & cert. ef. 11-26-96; DEQ 14-1999, f. & cert. ef. 10-14-99,
Renumbered from 340-028-1910; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 1-2004,
f. & cert. ef. 4-14-04; DEQ 7-2015, f. & cert. ef. 4-16-15
340-224-0034
Exemptions
Temporary emission sources that would
be in operation at a site for less than two years, such as pilot plants and portable
facilities, and emissions resulting from the construction phase of a source subject
to Major NSR or Type A State NSR must comply with only the control technology requirements
in the applicable section, but are exempt from the remaining requirements of the
applicable sections provided that the source subject to Major NSR or Type A State
NSR would not impact a Class I area or an area with a known violation of a ambient
air quality standard or a PSD increment.
NOTE: This rule was moved verbatim
from OAR 340-224-0080 and amended on 04-16-15. Previous rule history for OAR 340-224-0080:
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 340-020-0250; 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 340-028-1950; DEQ 6-2001, f. 6-18-01, cert.
ef. 7-1-01; DEQ 1-2004, f.& cert. ef. 4-14-04
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.025,
468A.035, 468A.040, 468A.050, 468A.055 & 468A.070
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 340-020-0250; 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 340-028-1950; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 1-2004,
f. & cert. ef. 4-14-04; Renumbered from 340-224-0080 by DEQ 7-2015, f. &
cert. ef. 4-16-15
340-224-0038
Fugitive and Secondary Emissions
For sources subject to Major NSR or
Type A State NSR, fugitive emissions are included in the calculation of emission
rates of all air contaminants. Fugitive emissions are subject to the same control
requirements and analyses required for emissions from identifiable stacks or vents.
Secondary emissions are not included in calculations of potential emissions that
are made to determine if a source or modification is subject to Major or Type A
State NSR. Once a source is subject to Major or Type A State NSR, secondary emissions
also become subject to the air quality impact analysis requirements in this division
and OAR 340 division 225.
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.035, 468A.040, 468A.050, 468A.055 & 468A.070
Stats. Implemented: ORS 468
Hist.: DEQ 7-2015, f. &
cert. ef. 4-16-15
340-224-0040
Review of Sources Subject to Major
NSR or Type A State NSR for Compliance With Regulations
The owner or operator of a source subject
to Major NSR or Type A State NSR must demonstrate the ability of the source to comply
with all applicable air quality requirements of DEQ.
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.035, 468A.040, 468A.050, 468A.055 & 468A.070
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 340-020-0235; DEQ 26-1996, f. & cert. ef. 11-26-96;
DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1920; DEQ 6-2001,
f. 6-18-01, cert. ef. 7-1-01; DEQ 7-2015, f. & cert. ef. 4-16-15
Major New Source Review
340-224-0045
Requirements for Sources in Sustainment
Areas
Within a designated sustainment area,
a source subject to Major NSR must meet the requirements listed below for each sustainment
pollutant:
(1) OAR 340-224-0070; and
(2) Net Air Quality Benefit:
Satisfy OAR 340-224-0510 and 340-224-0520 for ozone sustainment areas or 340-224-0510
and 340-224-0530(2) and (4) for non-ozone sustainment areas, whichever is applicable,
unless the source can demonstrate that the impacts are less than the significant
impact levels at all receptors within the sustainment area.
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.035, 468A.040, 468A.050, 468A.055 & 468A.070
Stats. Implemented: ORS 468A
Hist.: DEQ 7-2015, f. &
cert. ef. 4-16-15
340-224-0050
Requirements for Sources in Nonattainment
Areas
Within a designated nonattainment area,
and when referred to this rule by other rules in this division, a source subject
to Major NSR must meet the requirements listed below for each nonattainment pollutant:
(1) Lowest Achievable Emission
Rate (LAER). The owner or operator of the source must apply LAER for each nonattainment
pollutant emitted at or above the SER. LAER applies separately to the nonattainment
pollutant if emitted at or above a SER over the netting basis.
(a) For a major modification,
the requirement for LAER applies to the following:
(A) Each emissions unit that
emits the nonattainment pollutant and is not included in the most recent netting
basis established for that pollutant; and
(B) Each emissions unit that
emits the nonattainment pollutant and is included in the most recent netting basis
and contributed to the emissions increase calculated in OAR 340-224-0025(2)(a)(B)
for the nonattainment pollutant or precursor.
(b) For phased construction
projects, the LAER determination must be reviewed at the latest reasonable time
before commencing construction of each independent phase.
(c) When determining LAER
for a change that was made at a source before the current Major NSR application,
DEQ will consider technical feasibility of retrofitting required controls provided:
(A) The physical change or
change in the method of operation at a unit that contributed to the emissions increase
calculated in OAR 340-224-0025(2)(a)(B) was made in compliance with Major NSR requirements
in effect when the change was made, and
(B) No limit will be relaxed
that was previously relied on to avoid Major NSR.
(d) Physical changes or changes
in the method of operation to individual emissions units that contributed to the
emissions increase calculated in OAR 340-224-0025(2)(a)(B) but that increased the
potential to emit less than 10 percent of the SER are exempt from this section unless:
(A) They are not constructed
yet;
(B) They are part of a discrete,
identifiable, larger project that was constructed within the previous 5 years and
that resulted in emission increases equal to or greater than 10 percent of the SER;
or
(C) They were constructed
without, or in violation of, DEQ's approval.
(2) Air Quality Protection:
(a) Air Quality Analysis:
The owner or operator of a federal major source must comply with OAR 340-225-0050(4)
and 340-225-0070.
(b) Net Air Quality Benefit:
The owner or operator of the source must satisfy OAR 340-224-0510 and 340-224-0520
for ozone nonattainment areas or 340-224-0510 and 340-224-0530(2) and (4) for non-ozone
nonattainment areas, whichever is applicable.
(3) Sources Impacting Other
Designated Areas: The owner or operator of any source that will have a significant
impact on air quality in a designated area other than the one the source is locating
in must also meet the following requirements, as applicable:
(a) The owner or operator
of any source that emits an ozone precursor (VOC or NOx) at or above the SER over
the netting basis is considered to have a significant impact if located within 100
kilometers of a designated ozone area, and must also meet the requirements for demonstrating
net air quality benefit under OAR 340-224-0510 and 340-224-0520 for ozone designated
areas.
(b) The owner or operator
of any source that emits any criteria pollutant, other than NOx as an ozone precursor,
at or above the SER over the netting basis and has an impact equal to or greater
than the Class II SIL on another designated area must also meet the requirements
for demonstrating net air quality benefit under OAR 340-224-0510 and OAR 340-224-0540
for designated areas other than ozone designated areas.
(4) The owner or operator
of the source must:
(a) Evaluate alternative
sites, sizes, production processes, and environmental control techniques for the
proposed source or major modification and demonstrate that benefits of the proposed
source or major modification will significantly outweigh the environmental and social
costs imposed as a result of its location, construction or modification.
(b) Demonstrate that all
federal major sources owned or operated by such person (or by an entity controlling,
controlled by, or under common control with such person) in the state are in compliance,
or are on a schedule for compliance, with all applicable emission limitations and
standards under the FCAA.
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.035, 468A.040, 468A.050, 468A.055 & 468A.070
Stats. Implemented: ORS 468A
Hist.: DEQ 25-1981, f. &
ef. 9-8-81; DEQ 5-1983, f. & ef. 4-18-83; 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 340-020-0240; DEQ 19-1993, f. & cert. ef. 11-4-93; DEQ 10-1995,
f. & cert. ef. 5-1-95; DEQ 22-1995, f. & cert. ef. 10-6-95; DEQ 26-1996,
f. & cert. ef. 11-26-96; DEQ 16-1998, f. & cert. ef. 9-23-98; DEQ 1-1999,
f. & cert. ef.1-25-99; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered
from 340-028-1930; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 1-2004, f. &
cert. ef. 4-14-04; DEQ 3-2007, f. & cert. ef. 4-12-07; 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
340-224-0055
Requirements for Sources in Reattainment
Areas
Within a designated reattainment area,
a source subject to Major NSR must meet the requirements listed below for each reattainment
pollutant:
(1) OAR 340-224-0050, treating
the reattainment pollutant as a nonattainment pollutant for that rule; and
(2) The owner or operator
must demonstrate that it will not cause or contribute to a new violation of an ambient
air quality standard or PSD increment in OAR 340 division 202 by conducting the
analysis under 340-225-0050.
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.035, 468A.040, 468A.050, 468A.055 & 468A.070
Stats. Implemented: ORS 468A
Hist.: DEQ 7-2015, f. &
cert. ef. 4-16-15
340-224-0060
Requirements for Sources in Maintenance
Areas
Within a designated maintenance area,
a source subject to Major NSR must meet the requirements listed below for each maintenance
pollutant:
(1) OAR 340-224-0070; and
(2) Net Air Quality Benefit:
Except for sources described in section (7), the owner or operator of the source
must satisfy one of the requirements listed below:
(a) OAR 340-224-0510 and
340-224-0520 for ozone maintenance areas or 340-224-0510 and 340-224-0530(3) and
(4) for non-ozone maintenance areas, whichever is applicable;
(b) Demonstrate that the
source or modification will not cause or contribute to an air quality impact in
excess of the impact levels in OAR 340-202-0225 by performing the analysis specified
in 340-225-0045; or
(c) Obtain an allocation
from a growth allowance. The requirements of this section may be met in whole or
in part in an ozone or carbon monoxide maintenance area with an allocation by DEQ
from a growth allowance, if available, under the applicable maintenance plan in
the SIP adopted by the EQC and approved by EPA. Procedures for allocating the growth
allowances for the Oregon portion of the Portland-Vancouver Interstate Maintenance
Area for Ozone and the Portland Maintenance Area for Carbon Monoxide are contained
in OAR 340-242-0430 and 340-242-0440.
(3) Sources Impacting Other
Designated Areas: The owner or operator of any source that will have a significant
impact on air quality in a designated area other than the one the source is locating
in must also meet the following requirements, as applicable:
(a) The owner or operator
of any source that emits an ozone precursor (VOC or NOx) at or above the SER over
the netting basis is considered to have a significant impact if located within 100
kilometers of a designated ozone area, and must also meet the requirements for demonstrating
net air quality benefit under OAR 340-224-0510 and 340-224-0520 for ozone designated
areas.
(b) The owner or operator
of any source that emits any criteria pollutant, other than NOx as an ozone precursor,
at or above the SER over the netting basis and has an impact equal to or greater
than the Class II SIL on another designated area must also meet the requirements
for demonstrating net air quality benefit under OAR 340-224-0510 and 340-224-0540
for designated areas other than ozone designated areas.
(4) Contingency Plan Requirements.
If the contingency plan in an applicable maintenance plan is implemented due to
a violation of an ambient air quality standard, this section applies in addition
to other requirements of this rule until the EQC adopts a revised maintenance plan
and EPA approves it as a SIP revision.
(a) The source must comply
with the LAER requirement in OAR 340-224-0050(1) in lieu of the BACT requirement
in section (1); and
(b) The source must comply
with the net air quality benefit requirement in subsection (2)(a) and may not apply
the alternatives provided in subsections (2)(b) and (2)(c).
(5) Medford-Ashland AQMA:
A source that would emit PM10 within the Medford-Ashland AQMA must meet the LAER
emission control technology requirements in OAR 340-224-0050.
(6) Pending Redesignation
Requests. This rule does not apply to a source for which a complete application
to construct was submitted to DEQ before the maintenance area was redesignated from
nonattainment to attainment by EPA. Such a source is subject to OAR 340-224-0050
or 340-224-0055, whichever is applicable.
(7) The following sources
are exempt from net air quality benefit under section (2) as follows:
(a) Sources within or affecting
the Medford Ozone Maintenance Area are exempt from the requirement for NOx offsets
relating to ozone formation; and
(b) Sources within or affecting
the Salem Ozone Maintenance Area are exempt from the requirement for VOC and NOx
offsets relating to ozone formation.
NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.
[Publications: Publications referenced
are available from the agency.]
Stat. Auth.: ORS 468.020,
468A.025, 468A.035, 468A.040, 468A.050, 468A.055 & 468A.070
Stats. Implemented: ORS 468A
Hist.: DEQ 26-1996, f. &
cert. ef. 11-26-96; DEQ 15-1998, f. & cert. ef. 9-23-98; DEQ 1-1999, f. &
cert. ef. 1-25-99; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1935;
DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 11-2002, f. & cert. ef. 10-8-02;
DEQ 1-2005, f. & cert. ef. 1-4-05; DEQ 9-2005, f. & cert. ef. 9-9-05; DEQ
3-2007, f. & cert. ef. 4-12-07; DEQ 5-2011, f. 4-29-11, cert. ef. 5-1-11; DEQ
7-2015, f. & cert. ef. 4-16-15
340-224-0070
Prevention of Significant Deterioration
Requirements for Sources in Attainment or Unclassified Areas
Within a designated attainment or unclassified
area, and when referred to this rule by other rules in this division, a source that
is subject to Major NSR for any regulated pollutant, other than nonattainment pollutants
and reattainment pollutants, must meet the requirements listed below for each such
pollutant, except that GHGs are only subject to subsection (2):
(1)(a) Preconstruction Air
Quality Monitoring:
(A) The owner or operator
of a source must submit with the application an analysis of ambient air quality
in the area impacted by the proposed project for each regulated pollutant subject
to this rule except as allowed by paragraph (B).
(i) The analysis must include
continuous air quality monitoring data for any regulated pollutant subject to this
rule that may be emitted by the source, except for volatile organic compounds.
(ii) The data must relate
to the year preceding receipt of the complete application and must have been gathered
over the same time period.
(iii) DEQ may allow the owner
or operator to demonstrate that data gathered over some other time period would
be adequate to determine that the source would not cause or contribute to a violation
of an ambient air quality standard or any applicable PSD increment.
(iv) When PM10/PM2.5 preconstruction
monitoring is required by this section, at least four months of data must be collected,
including the season DEQ judges to have the highest PM10/PM2.5 levels. PM10/PM2.5
must be measured using 40 CFR part 50, Appendices J and L. In some cases, a full
year of data will be required.
(v) The owner or operator
must submit a written preconstruction air quality monitoring plan at least 60 days
prior to the planned beginning of monitoring. The applicant may not commence monitoring
under the plan until DEQ approves the plan in writing.
(vi) Required air quality
monitoring must comply with 40 CFR part 58 Appendix A, "Quality Assurance Requirements
for SLAMS, SPMs and PSD Air Monitoring" and with other methods on file with DEQ.
(vii) With DEQ’s approval,
the owner or operator may use representative or conservative background concentration
data in lieu of conducting preconstruction air quality monitoring if the source
demonstrates that such data is adequate to determine that the source would not cause
or contribute to a violation of an ambient air quality standard or any applicable
PSD increment.
(B) DEQ may exempt the owner
or operator of a source from preconstruction monitoring for a specific regulated
pollutant if the owner or operator demonstrates that the air quality impact from
the emissions increase would be less than the amounts listed below, or that modeled
competing source concentration plus the general background concentration of the
regulated pollutant within the source impact area, as defined in OAR 340 division
225, are less than the following significant monitoring concentrations:
(i) Carbon monoxide; 575
ug/m3, 8 hour average;
(ii) Nitrogen dioxide; 14
ug/m3, annual average;
(iii) PM10; 10 ug/m3, 24
hour average;
(iv) PM2.5; 0 ug/m3, 24-hour
average;
(v) Sulfur dioxide; 13 ug/m3,
24 hour average;
(vi) Ozone; Any net increase
of 100 tons/year or more of VOCs from a source requires an ambient impact analysis,
including the gathering of ambient air quality data unless the existing representative
monitoring data shows maximum ozone concentrations are less than 50 percent of the
ozone ambient air quality standards based on a full season of monitoring;
(vii) Lead; 0.1 ug/m3, 24
hour average;
(viii) Fluorides; 0.25 ug/m3,
24 hour average;
(ix) Total reduced sulfur;
10 ug/m3, 1 hour average;
(x) Hydrogen sulfide; 0.04
ug/m3, 1 hour average;
(xi) Reduced sulfur compounds;
10 ug/m3, 1 hour average.
(b) Post-Construction Air
Quality Monitoring: DEQ may require post-construction ambient air quality monitoring
as a permit condition to establish the effect of actual emissions, other than volatile
organic compounds, on the air quality of any area that such emissions could affect.
(2) Best Available Control
Technology (BACT). For a source under the applicability criteria in OAR 340-224-0010(1)(a)(A),
the owner or operator must apply BACT for each regulated pollutant emitted at or
above a SER. For a source under the applicability criteria in 340-224-0010(1)(a)(B)
or (C), BACT applies to each regulated pollutant that is emitted at or above a SER
over the netting basis and meets the criteria of major modification in OAR 340-224-0025.
In the Medford-Ashland AQMA, the owner or operator of any PM10 source must comply
with the LAER emission control technology requirement in OAR 340-224-0050(1), and
is exempt from the BACT provision of this section.
(a) For a major modification,
the requirement for BACT applies to the following:
(A) Each emissions unit that
emits the regulated pollutant and is not included in the most recent netting basis
established for that regulated pollutant; and
(B) Each emissions unit that
emits the regulated pollutant and is included in the most recent netting basis and
contributed to the emissions increase calculated in OAR 340-224-0025(2)(a)(B) for
the regulated pollutant.
(b) For phased construction
projects, the BACT determination must be reviewed at the latest reasonable time
before commencement of construction of each independent phase.
(c) When determining BACT
for a change that was made at a source before the current Major NSR application,
any additional cost of retrofitting required controls may be considered provided:
(A) The change was made in
compliance with Major NSR requirements in effect at the time the change was made,
and
(B) No limit is being relaxed
that was previously relied on to avoid Major NSR.
(d) Modifications to individual
emissions units that have an emission increase, calculated per OAR 340-224-0025(2)(a)(B),
that is less than 10 percent of the SER are exempt from this section unless:
(A) They are not constructed
yet;
(B) They are part of a discrete,
identifiable larger project that was constructed within the previous 5 years and
that is equal to or greater than 10 percent of the SER; or
(C) They were constructed
without, or in violation of, DEQ's approval.
(3) Air Quality Protection:
(a) Air Quality Analysis:
(A) The owner or operator
of the source must comply with OAR 340-225-0050 and 340-225-0060 for each regulated
pollutant for which emissions will exceed the netting basis by the SER or more due
to the proposed source or modification.
(B) The owner or operator
of a federal major source must comply with OAR 340-225-0050(4) and 340-225-0070.
(b) For increases of direct
PM2.5 or PM2.5 precursors equal to or greater than the SERs, the owner or operator
must provide an analysis of PM2.5 air quality impacts based on all increases of
direct PM2.5 and PM2.5 precursors.
(c) The owner or operator
of the source must demonstrate that it 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 level under OAR 340-225-0050(1).
(4) Sources Impacting Other
Designated Areas: The owner or operator of any source that will have a significant
impact on air quality in a designated area other than the one the source is locating
in must also meet the following requirements, as applicable:
(a) The owner or operator
of any source that emits an ozone precursor (VOC or NOx) at or above the SER over
the netting basis is considered to have a significant impact if located within 100
kilometers of a designated ozone area, and must also meet the requirements for demonstrating
net air quality benefit under OAR 340-224-0510 and 340-224-0520 for ozone designated
areas.
(b) The owner or operator
of any source that emits any criteria pollutant, other than NOx as an ozone precursor,
at or above the SER over the netting basis and has an impact equal to or greater
than the Class II SIL on another designated area must also meet the requirements
for demonstrating net air quality benefit under OAR 340-224-0510 and 340-224-0540
for designated areas other than ozone designated areas.
NOTE: Section (1) of this rule was
moved verbatim from OAR 340-225-0050(4) and amended on 04-16-15. Previous rule history
for OAR 340-225-0050: 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
NOTE: This rule is included
in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under
OAR 340-200-0040.
[Publications: Publications referenced
are available from the agency.]
Stat. Auth.: ORS 468.020,
468A.025, 468A.035, 468A.040, 468A.050, 468A.055 & 468A.070
Stats. Implemented: ORS 468A
Hist.: 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 14-1985, f. & ef. 10-16-85; DEQ 5-1986, f. & ef. 2-21-86; DEQ 8-1988,
f. & cert. ef. 5-19-88 (and corrected 5-31-88); DEQ 27-1992, f. & cert.
ef. 11-12-92, Section (8) Renumbered from 340-020-0241; DEQ 4-1993, f. & cert.
ef. 3-10-93; DEQ 12-1993, f. & cert. ef. 9-24-93, Renumbered from 340-020-0245;
DEQ 19-1993, f. & cert. ef. 11-4-93; DEQ 26-1996, f. & cert. ef. 11-26-96;
DEQ 16-1998, f. & cert. ef. 9-23-98; DEQ 1-1999, f. & cert. ef. 1-25-99;
DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1940; 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 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
340-224-0080 [Renumbered to
340-224-0034]
340-224-0100
Fugitive and Secondary Emissions
Fugitive emissions are included in the
calculation of emission rates of all air contaminants. Fugitive emissions are subject
to the same control requirements and analyses required for emissions from identifiable
stacks or vents. Secondary emissions are not included in calculations of potential
emissions that are made to determine if a proposed source or modification is major.
Once a source or modification is identified as being major, secondary emissions
are added to the primary emissions and become subject to the air quality impact
analysis requirements in this division and OAR 340 division 225.
Stat. Auth.: ORS 468 & 468A
Stats. Implemented: ORS 468
& 468
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 340-020-0270; DEQ 14-1999, f. & cert. ef. 10-14-99,
Renumbered from 340-028-1990; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01
State New Source Review
340-224-0245
Requirements for Sources in Sustainment
Areas
Within a designated sustainment area,
a source subject to State NSR must meet the following requirements for each sustainment
pollutant:
(1) Air Quality Protection:
The owner or operator must comply with subsection (a) or (b):
(a) Air Quality Analysis:
The owner or operator must comply with OAR 340-225-0050(1) and (2) and 340-225-0060
for each regulated pollutant for which emissions will exceed the netting basis by
the SER or more due to the proposed source or modification. For increases of direct
PM2.5 or PM2.5 precursors equal to or greater than the SER, the owner or operator
must provide an analysis of PM2.5 air quality impacts based on all increases of
direct PM2.5 and PM2.5 precursors; or
(b) Net Air Quality Benefit:
The owner or operator of the source must satisfy the requirements of paragraph (A),
(B), or (C), as applicable:
(A) For ozone sustainment
areas, OAR 340-224-0510 and 340-224-0520;
(B) For sources located in
non-ozone sustainment areas, that will emit 100 tons per year or more of the sustainment
pollutant, OAR 340-224-0510 and 340-224-0530(2) and (4);
(C) For sources located in
non-ozone sustainment areas, that will emit less than 100 tons per year of the sustainment
pollutant, OAR 340-224-0510 and 340-224-0530(3) and (4).
(2) If the owner or operator
complied with subsection (1)(b) and the increase in emissions is the result of a
major modification, then the owner or operator must apply BACT under OAR 340-224-0070(2).
(3) The owner or operator
of a federal major source must comply with OAR 340-225-0050(4) and 340-225-0070.
(4) The owner or operator
must demonstrate that it 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 level under OAR 340-225-0050(1).
(5) Sources Impacting Other
Designated Areas: The owner or operator of any source that will have a significant
impact on air quality in a designated area other than the one the source is locating
in must also meet the following requirements, as applicable:
(a) The owner or operator
of any source that emits an ozone precursor (VOC or NOx) at or above the SER over
the netting basis is considered to have a significant impact if located within 100
kilometers of a designated ozone area, and must also meet the requirements for demonstrating
net air quality benefit under OAR 340-224-0510 and 340-224-0520 for ozone designated
areas.
(b) The owner or operator
of any source that emits any criteria pollutant, other than NOx as an ozone precursor,
at or above the SER over the netting basis and has an impact equal to or greater
than the Class II SIL on another designated area must also meet the requirements
for demonstrating net air quality benefit under OAR 340-224-0510 and OAR 340-224-0540
for designated areas other than ozone designated areas.
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.035, 468A.040, 468A.050, 468A.055 & 468A.070
Stats. Implemented: ORS 468A
Hist.: DEQ 7-2015, f. &
cert. ef. 4-16-15
340-224-0250
Requirements for Sources in Nonattainment
Areas
Within a designated nonattainment area,
a source subject to State NSR must meet the following requirements for each nonattainment
pollutant:
(1) If the increase in emissions
is the result of a major modification, the owner or operator must apply BACT under
OAR 340-224-0070(2).
(2) Air Quality Protection:
(a) Air Quality Analysis:
An air quality analysis is not required except that the owner or operator of a federal
major source must comply with OAR 340-225-0050(4) and 340-225-0070.
(b) Net Air Quality Benefit:
The owner or operator of the source must satisfy the requirements of paragraph (A),
(B), or (C), as applicable:
(A) For ozone nonattainment
areas, OAR 340-224-0510 and 340-224-0520;
(B) For sources located in
non-ozone nonattainment areas, that will emit 100 tons per year or more of the nonattainment
pollutant, OAR 340-224-0510 and 340-224-0530(2) and (4);
(C) For sources located in
non-ozone nonattainment areas, that will emit less than 100 tons per year of the
nonattainment pollutant, OAR 340-224-0510 and 340-224-0530(3) and (4).
(3) Sources Impacting Other
Designated Areas: The owner or operator of any source that will have a significant
impact on air quality in a designated area other than the one the source is locating
in must also meet the following requirements, as applicable:
(a) The owner or operator
of any source that emits an ozone precursor (VOC or NOx) at or above the SER over
the netting basis is considered to have a significant impact if located within 100
kilometers of a designated ozone area, and must also meet the requirements for demonstrating
net air quality benefit under OAR 340-224-0510 and 340-224-0520 for ozone designated
areas.
(b) The owner or operator
of any source that emits any criteria pollutant, other than NOx as an ozone precursor,
at or above the SER over the netting basis and has an impact equal to or greater
than the Class II SIL on another designated area must also meet the requirements
for demonstrating net air quality benefit under OAR 340-224-0510 and 340-224-0540
for designated areas other than ozone designated areas.
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.035, 468A.040, 468A.050, 468A.055 & 468A.070
Stats. Implemented: ORS 468A
Hist.: DEQ 7-2015, f. &
cert. ef. 4-16-15
340-224-0255
Requirements for Sources in Reattainment
Areas
Within a designated reattainment area,
a source subject to State NSR must comply with the requirements in OAR 340-224-0260
for each reattainment pollutant treating the reattainment pollutant as a maintenance
pollutant for that rule, except that 340-224-0260(2)(b)(C) and (4) are not applicable
unless DEQ has approved a contingency plan for the reattainment area.
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.035, 468A.040, 468A.050, 468A.055 & 468A.070
Stats. Implemented: ORS 468A
Hist.: DEQ 7-2015, f. &
cert. ef. 4-16-15
340-224-0260
Requirements for Sources in Maintenance
Areas
Within a designated maintenance area,
a source subject to State NSR must meet the following requirements for each maintenance
pollutant:
(1) If the increase in emissions
is the result of a major modification, the owner or operator of the source must
apply BACT under OAR 340-224-0070(2), except for a PM10 source in the Medford/Ashland
AQMA where the owner or operator of the source must apply LAER under 340-224-0050(1).
(2) Air Quality Protection:
The owner or operator of the source must satisfy the requirements of either subsections
(a), (c), and (d) or of subsections (b), (c) and (d):
(a) Air Quality Analysis:
The owner or operator of the source must comply with OAR 340-225-0050(1) and (2)
and 340-225-0060 for each regulated pollutant for which emissions will exceed the
netting basis by the SER or more due to the proposed source or modification. For
emissions increases of direct PM2.5 or PM2.5 precursors equal to or greater than
the SER, the owner or operator must provide an analysis of PM2.5 air quality impacts
based on all increases of direct PM2.5 and PM2.5 precursors.
(b) Net Air Quality Benefit:
The owner or operator of the source must satisfy the requirements of paragraph (A),
(B) or (C), as applicable:
(A) OAR 340-224-0510 and
340-224-0520 for ozone maintenance areas or OAR 340-224-0510 and 340-224-0530(3)
and (4) for non-ozone maintenance areas, whichever is applicable;
(B) Demonstrate that the
source or modification will not cause or contribute to an air quality impact equal
to or greater than the impact levels in OAR 340-202-0225 by performing the analysis
specified in OAR 340-225-0045; or
(C) Obtain an allocation
from a growth allowance. The requirements of this section may be met in whole or
in part in an ozone or carbon monoxide maintenance area with an allocation by DEQ
from a growth allowance, if available, under the applicable maintenance plan in
the SIP adopted by the EQC and approved by EPA. Procedures for allocating the growth
allowances for the Oregon portion of the Portland-Vancouver Interstate Maintenance
Area for Ozone and the Portland Maintenance Area for Carbon Monoxide are contained
in OAR 340-242-0430 and 340-242-0440.
(c) The owner or operator
of a federal major source must comply with OAR 340-225-0050(4) and 340-225-0070.
(d) The owner or operator
of the source must demonstrate that it 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 level under OAR 340-225-0050(1).
(3) Sources Impacting Other
Designated Areas: The owner or operator of any source that will have a significant
impact on air quality in a designated area other than the one the source is locating
in must also meet the following requirements, as applicable:
(a) The owner or operator
of any source that emits an ozone precursor (VOC or NOx) at or above the SER over
the netting basis is considered to have a significant impact if located within 100
kilometers of a designated ozone area, and must also meet the requirements for demonstrating
net air quality benefit under OAR 340-224-0510 and 340-224-0520 for ozone designated
areas.
(b) The owner or operator
of any source that emits any criteria pollutant, other than NOx as an ozone precursor,
at or above the SER over the netting basis and has an impact equal to or greater
than the Class II SIL on another designated area must also meet the requirements
for demonstrating net air quality benefit under OAR 340-224-0510 and 340-224-0540
for designated areas other than ozone designated areas.
(4) Contingency Plan Requirements.
If the contingency plan in an applicable maintenance plan is implemented due to
a violation of an ambient air quality standard, this section applies in addition
to other requirements of this rule until the EQC adopts a revised maintenance plan
and EPA approves it as a SIP revision.
(a) The source must comply
with the LAER requirement in OAR 340-224-0050(1) in lieu of the BACT requirement
in section (1); and
(b) The owner or operator
must comply with paragraph (2)(b)(A).
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.035, 468A.040, 468A.050, 468A.055 & 468A.070
Stats. Implemented: ORS 468A
Hist.: DEQ 7-2015, f. &
cert. ef. 4-16-15
340-224-0270
Requirement for Sources in Attainment
and Unclassified Areas
Within a designated attainment or unclassified
area, a source subject to State NSR must meet the following requirements for each
attainment pollutant:
(1) Air Quality Protection:
(a) Air Quality Analysis:
The owner or operator of the source must comply with OAR 340-225-0050(1) and (2)
and 340-225-0060 for each regulated pollutant other than GHGs for which emissions
will exceed the netting basis by the SER or more due to the proposed source or modification.
(b) For increases of direct
PM2.5 or PM2.5 precursors equal to or greater than the SER, the owner or operator
of the source must provide an analysis of PM2.5 air quality impacts based on all
increases of direct PM2.5 and PM2.5 precursors.
(c) The owner or operator
of a federal major source must comply with OAR 340-225-0050(4) and 340-225-0070.
(d) The owner or operator
of the source must demonstrate that it 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 level under OAR 340-225-0050(1).
(2) Sources Impacting Other
Designated Areas: The owner or operator of any source that will have a significant
impact on air quality in a designated area other than the one the source is locating
in must also meet the following requirements, as applicable:
(a) The owner or operator
of any source that emits an ozone precursor (VOC or NOx) at or above the SER over
the netting basis is considered to have a significant impact if located within 100
kilometers of a designated ozone area, and must also meet the requirements for demonstrating
net air quality benefit under OAR 340-224-0510 and 340-224-0520 for ozone designated
areas.
(b) The owner or operator
of any source that emits any criteria pollutant, other than NOx as an ozone precursor,
at or above the SER over the netting basis and has an impact equal to or greater
than the Class II SIL on another designated area must also meet the requirements
for demonstrating net air quality benefit under OAR 340-224-0510 and 340-224-0540
for designated areas other than ozone designated areas.
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.035, 468A.040, 468A.050, 468A.055 & 468A.070
Stats. Implemented: ORS 468A
Hist.: DEQ 7-2015, f. &
cert. ef. 4-16-15
Net Air Quality Benefit Emission
Offsets
340-224-0500
Net Air Quality Benefit for Sources
Locating Within or Impacting Designated Areas
OAR 340-224-0510 through 340-224-0540
are the requirements for demonstrating net air quality benefit using offsets.
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.025,
468A.035, 468A.040, 468A.050, 468A.055 & 468A.070
Stats. Implemented: ORS 468A
Hist.: DEQ 7-2015, f. &
cert. ef. 4-16-15
340-224-0510
Common Offset Requirements
The purpose of these rules is to demonstrate
reasonable further progress toward achieving or maintaining the ambient air quality
standards for sources locating within or impacting designated areas. A source may
make such demonstration by providing emission offsets to balance the level of projected
emissions by the source at the applicable ratios described in this division.
(1) Unless otherwise specified
in the rules, offsets required under this rule must meet the requirements of OAR
340 division 268, Emission Reduction Credits.
(2) Except as provided in
section (3), the emission reductions used as offsets must be of the same type of
regulated pollutant as the emissions from the new source or modification. Sources
of PM10 must be offset with particulate in the same size range.
(3) Offsets for direct PM2.5
may be obtained from NO2 and SO2 emissions as precursors to secondary PM2.5. The
interpollutant trading ratios for these emissions will be approved by DEQ on a case
by case basis. Offsets for SO2 and NO2 emissions from direct PM2.5 emissions will
be determined in the same manner.
(4) Offset ratios specified
in these rules are the minimum requirement. All offsets obtained by a source, including
any that exceed the minimum requirement, may be used for the purpose of OAR 340-224-0530(4).
(5) Emission reductions used
as offsets must meet at least one of the following criteria:
(a) They must be equivalent
to the emissions being offset in terms of short term, seasonal, and yearly time
periods to mitigate the effects of the proposed emissions; or
(b) They must address the
air quality problem in the area, such as but not limited to woodstove replacements
to address winter-time exceedances of short term PM2.5 standards.
(6) If the complete permit
application or permit that is issued based on that application is amended due to
changes to the proposed project, the owner or operator may continue to use the original
offsets and any additional offsets that may become necessary for the project provided
that the changes to the project do not result in a change to the two digit Standard
Industrial Classification (SIC) code associated with the source and that the offsets
will continue to satisfy the offset criteria.
NOTE: This rule, except section (3),
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.025,
468A.035, 468A.040, 468A.050, 468A.055 & 468A.070
Stats. Implemented: ORS 468A
Hist.: DEQ 7-2015, f. &
cert. ef. 4-16-15
340-224-0520
Requirements for Demonstrating Net
Air Quality Benefit for Ozone Areas
When directed by the Major or State
NSR rules or OAR 340-222-0042, the owner or operator must comply with this rule.
(1) Offsets for VOC and NOx
are required if the source will be located within an ozone designated area or closer
to the nearest boundary of an ozone designated area than the ozone impact distance
as defined in section (2).
(2) Ozone impact distance
is the distance in kilometers from the nearest boundary of an ozone designated area
within which a source of VOC or NOx is considered to significantly affect that designated
area. The determination of significance is made by either the formula method or
the demonstration method.
(a) The Formula Method.
(A) For sources with complete
permit applications submitted before Jan. 1, 2003: D = 30 km.
(B) For sources with complete
permit applications submitted on or after Jan. 1, 2003: D = (Q/40) x 30 km.
(C) D is the ozone impact
distance in kilometers. The value for D is 100 kilometers when D is calculated to
exceed 100 kilometers. Q is the larger of the NOx or VOC emissions increase above
the netting basis from the source being evaluated in tons per year.
(D) If a source is located
closer than D from the nearest ozone designated area boundary, the source must obtain
offsets under sections (3) and (4). If the source is located at a distance equal
to or greater than D from the nearest ozone designated area boundary then the source
is not required to obtain offsets.
(b) The Demonstration Method.
An applicant may demonstrate to DEQ that the source or proposed source would not
have a material effect on an ozone designated area other than attainment or unclassified
areas. This demonstration may be based on an analysis of major topographic features,
dispersion modeling, meteorological conditions, or other factors. If DEQ determines
that the source or proposed source would not have a material effect on the designated
area under high ozone conditions, the ozone impact distance is zero kilometers.
(3) The required ratio of
offsetting emissions reductions from other sources (offsets) to the emissions increase
from the proposed source or modification (emissions) and the location of sources
that may provide offsets is as follows:
(a) For new or modified sources
locating within an ozone nonattainment area, the offset ratio is 1.1:1 (offsets:emissions).
These offsets must come from sources within either the same designated area as the
new or modified source or from sources in another ozone nonattainment area with
equal or higher nonattainment classification that contributes to a violation of
the ozone ambient air quality standards in the same ozone designated area as the
new or modified source.
(b) For new or modified sources
locating within an ozone maintenance area, the offset ratio is 1.1:1 (offsets:emissions).
These offsets may come from sources within either the maintenance area or from a
source that is closer to the nearest maintenance area boundary than that source’s
ozone impact distance.
(c) For new or modified sources
locating outside the designated area not including attainment or unclassified areas,
but closer than the ozone impact distance of the nearest boundary of the designated
area, the offset ratio is 1:1 (offsets:emissions). These offsets may come from within
either the designated area or from a source that is closer to the nearest maintenance
area boundary than that source’s ozone impact distance.
(4) The amount of required
offsets and the amount of provided offsets from contributing sources varies based
on whether the proposed source or modification and the sources contributing offsets
are located outside the ozone designated area other than attainment or unclassified
areas. The required offsets and the provided offsets are calculated using either
the formula method or the demonstration method, as follows, except that sources
located inside an ozone nonattainment area must use the formula method.
(a) The Formula Method.
(A) Required offsets (RO)
for new or modified sources are determined as follows:
(i) For sources with complete
permit applications submitted before January 1, 2003: RO = SQ; and
(ii) For sources with complete
permit applications submitted on or after January 1, 2003: RO = (SQ minus (SD multiplied
by 40/30)).
(B) Contributing sources
may provide offsets (PO) calculated as follows: PO = CQ minus (CD multiplied by
40/30).
(C) Multiple sources may
contribute to the required offsets of a new source. For the formula method to be
satisfied, total provided offsets (PO) must equal or exceed required offsets (RO)
by the ratio described in section (3).
(D) Definitions of factors
used in paragraphs (A) (B) and (C):
(i) RO is the required offset
of NOx or VOC in tons per year as a result of the source emissions increase. If
RO is calculated to be negative, RO is set to zero.
(ii) SQ (source quantity)
is the source’s emissions increase of NOx or VOC in tons per year above the
netting basis.
(iii) SD is the source distance
in kilometers to the nearest boundary of the designated area except attainment or
unclassified areas. SD is zero for sources located within the designated area except
attainment or unclassified areas.
(iv) PO is the provided offset
from a contributing source and must be equal to or greater than zero;
(v) CQ (contributing quantity)
is the contributing source’s emissions reduction in tons per year calculated
as the contemporaneous pre-reduction actual emissions less the post-reduction allowable
emissions from the contributing source (as provided in OAR 340-268-0030(1)(b)).
(vi) CD is the contributing
source’s distance in kilometers from the nearest boundary of the designated
area except attainment or unclassified areas. For a contributing source located
within the designated area except attainment or unclassified areas, CD equals zero.
(b) The Demonstration Method.
An applicant may demonstrate to DEQ using dispersion modeling or other analyses
the level and location of offsets that would be sufficient to provide actual reductions
in concentrations of VOC or NOx in the designated area during high ozone conditions
as the ratio described in section (3). The modeled reductions of ambient VOC or
NOx concentrations resulting from the emissions offset must be demonstrated over
a greater area and over a greater period of time within the designated area as compared
to the modeled ambient VOC or NOx concentrations resulting from the emissions increase
from the source subject to this rule. If DEQ determines that the demonstration is
acceptable, then DEQ will approve the offsets proposed by the applicant.
(c) Offsets obtained for
a previous PSEL increase that did not involve resetting the netting basis can be
credited toward offsets currently required for a PSEL increase.
(5) In lieu of obtaining
offsets, the owner or operator may obtain an allocation at the rate of 1:1 from
a growth allowance, if available, in an applicable maintenance plan.
NOTE: This rule was moved verbatim
from OAR 340-225-0020(10) and (11) and OAR 340-225-0090(1) and amended on 04-16-15.
Previous rule history for OAR 340-225-0020: 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. Previous rule history for OAR
340-225-0090: DEQ 25-1981, f. & ef. 9-8-81; DEQ 5-1983, f. & ef. 4-18-83;
DEQ 8-1988, f. & cert. ef. 5-19-88 (and corrected 5-31-88); DEQ 22-1989, f.
& cert. ef. 9-26-89; 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
340-020-0260; DEQ 19-1993, f. & cert. ef. 11-4-93; DEQ 4-1995, f. & cert.
ef. 2-17-95; DEQ 26-1996, f. & cert. ef. 11-26-96; DEQ 14-1999, f. & cert.
ef. 10-14-99, Renumbered from 340-028-1970; DEQ 14-1999, f. & cert. ef. 10-14-99,
Renumbered from 340-030-0111; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01, Renumbered
from 340-224-0090 & 340-240-0260; 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 3-2007, f. & cert. ef. 4-12-07; 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 10-2012, f. & cert. ef. 12-11-12
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.025,
468A.035, 468A.040, 468A.050, 468A.055 & 468A.070
Stats. Implemented: ORS 468A
Hist.: DEQ 7-2015, f. &
cert. ef. 4-16-15
340-224-0530
Requirements for Demonstrating Net
Air Quality Benefit for Non-Ozone Areas
(1) When directed by the Major or State
NSR rules or OAR 340-222-0042, the owner or operator of the source must comply with
sections (2) through (6), as applicable. For purposes of this rule, priority sources
are sources identified under OAR 340-204-0320 for the designated area.
(2) The ratio of offsets
compared to the source’s potential emissions increase is 1.2:1 (offsets:emissions).
If the offsets include offsets from priority sources, the ratio will be decreased
by the offsets obtained from priority sources as a percentage of the source’s
potential emissions increase. For example, if the owner or operator obtains offsets
from priority sources equal to 10% of its potential emissions increase, then the
offset ratio is reduced by 0.10, to 1.1:1. In no event, however, will the offset
ratio be less than 1.0:1, even if more than 20% of offsets are from priority sources.
(3) The ratio of offsets
compared to the source’s potential emissions increase is 1.0:1 (offsets:emissions),
except as allowed by subsection (a) or required by subsection (b).
(a) For State NSR only, if
the offsets include offsets from priority sources, the ratio will be decreased by
the offsets obtained from priority sources as a percentage of the source’s
potential emissions increase. For example, if the owner or operator obtains offsets
from priority sources equal to 20% of its potential emissions increase, then the
offset ratio is reduced by 0.2, to 0.8:1. In no event, however, will the offset
ratio be less than 0.5:1, even if more than 50% of offsets are from priority sources.
(b) In the Medford-Ashland
AQMA, proposed new PM10 major sources or PM10 major modifications locating within
the AQMA that are required to provide emission offsets under OAR 340-224-0060(2)(a)
must provide reductions in PM10 emissions equal to 1.2 times the emissions increase
over the netting basis from the new or modified source.
(4) Except as provided in
sections (5) and (6), the owner or operator must conduct an air quality analysis
of the impacts from the proposed new emissions and comply with subsections (a) and
(b) using the procedures specified in subsections (c) through (e):
(a) Demonstrate that the
offsets obtained result in a reduction in concentrations at a majority of modeled
receptors within the entire designated area; and
(b) Comply with paragraph
(A) or paragraphs (B):
(A) Demonstrate that the
impacts from the emission increases above the source’s netting basis are less
than the Class II SIL at all receptors within the entire designated area; or
(B) Demonstrate that the
impacts from the emission increases above the source’s netting basis:
(i) Are less than the Class
II SIL at an average of receptors within an area designated by DEQ as representing
a neighborhood scale, as specified in 40 CFR part 58, Appendix D, a reasonably homogeneous
urban area with dimensions of a few kilometers that represent air quality where
people commonly live and work in a representative neighborhood, centered on the
DEQ approved ambient monitoring sites; and
(ii) Plus the impacts of
emission increases or decreases since the date of the current area designation of
all other sources within the designated area or having a significant impact on the
designated area, are less than 10 percent of the AAQS at all receptors within the
designated area;
(c) The air quality analysis
must comply with OAR 340-225-0030 and 340-225-0040;
(d) The air quality analysis
must use a uniform receptor grid over the entire modeled area for the analyses required
in subsections (a) and (b). The spacing of the receptor grids will be determined
by DEQ for each analysis;
(e) For the purpose of subsection
(a) and paragraph (b)(B):
(A) Subtract the priority
source offsets from the new or modified source’s emission increase if the
priority sources identified are area sources. Area source emissions are spatially
distributed emissions that can be generated from activities such as, but not limited
to, residential wood heating, unpaved road dust, and non-road mobile sources;
(B) If the source’s
emissions are not offset 100 percent by priority sources that are area sources,
conduct dispersion modeling of the source’s remaining emission increases after
subtracting any priority source offsets allowed in subparagraph (A); and in addition,
model all other sources with emission increases or decreases in or impacting the
designated area since the date the area was designated, including offsets used for
the proposed project, but excluding offsets from priority sources that are area
sources; and
(C) If the source’s
emissions are offset 100 percent by priority sources that are area sources, no further
analysis is required.
(5) Small scale local energy
projects and any infrastructure related to that project located in the same area
are not subject to the requirements in section (4) provided that the proposed source
or modification would not cause or contribute to a violation of an ambient air quality
standard or otherwise pose a material threat to compliance with air quality standards
in a nonattainment area.
(6) Offsets obtained in accordance
with OAR 340-240-0550 and 340-240-0560 for sources locating within or causing significant
air quality impact on the Klamath Falls PM2.5 nonattainment or PM10 maintenance
areas are exempt from the requirements of OAR 340-224-0510 and section (4) provided
that the proposed major source or major modification would not cause or contribute
to a new violation of the national ambient air quality standard. This exemption
only applies to the direct PM2.5 or PM10 offsets obtained from residential wood-fired
devices in accordance with 340-240-0550 and 340-240-0560. Any remaining emissions
from the source that are offset by emission reductions from other sources are subject
to the requirements of OAR 340-224-0510 or section (4), 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.025,
468A.035, 468A.040, 468A.050, 468A.055 & 468A.070
Stats. Implemented: ORS 468A
Hist.: DEQ 7-2015, f. &
cert. ef. 4-16-15
340-224-0540
Sources in a Designated Area Impacting
Other Designated Areas
(1) When directed by the Major and State
NSR rules, the owner or operator of a source locating outside, but impacting any
designated area other than an attainment or unclassified area must meet one of the
following requirements:
(a) Obtain offsets sufficient
to reduce impacts to less than the Class II SIL at all receptors within the designated
area as demonstrated using an air quality analysis under OAR 340 division 225; or
(b) Meet the following Net
Air Quality Benefit requirements for the designated area that is impacted by the
source, as applicable:
(A) For sources subject to
Major NSR for the pollutant for which the area is designated:
(i) A source impacting a
sustainment area must meet the requirements of OAR 340-224-0045(2);
(ii) A source impacting a
nonattainment area must meet the requirements of OAR 340-224-0050(2)(b);
(iii) A source impacting
a reattainment area must meet the requirements of OAR 340-224-0050(2)(b), treating
the reattainment pollutant as a nonattainment pollutant for that rule; or
(iv) A source impacting a
maintenance area must meet the requirements of OAR 340-224-0060(2).
(B) For sources subject to
State NSR for the pollutant for which the area is designated:
(i) A source impacting a
sustainment area must meet the requirements of OAR 340-224-0245(1)(b);
(ii) A source impacting a
nonattainment area must meet the requirements of OAR 340-224-0250(2)(b);
(iii) A source impacting
a reattainment area must meet the requirements of OAR 340-224-0260(2)(b) treating
the reattainment pollutant as a maintenance pollutant for that rule; or
(iv) A source impacting a
maintenance area must meet the requirements of OAR 340-224-0260(2)(b).
(2) When directed by the
Major and State NSR rules, sources impacting any attainment and unclassified areas,
but not directly subject to OAR 340-224-0070 or 340-224-0270, must comply with 340-225-0050(1)
and (2) for each regulated pollutant, other than GHGs, for which emissions will
exceed the netting basis by the SER or more due to the proposed source or modification.
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.025,
468A.035, 468A.040, 468A.050, 468A.055 & 468A.070
Stats. Implemented: ORS 468A
Hist.: 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.
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