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

 

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

 

DEPARTMENT OF ENVIRONMENTAL QUALITY

 
DIVISION 226
GENERAL EMISSION STANDARDS

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.
340-226-0005
Applicability and Jurisdiction
(1) This division applies in all areas
of the state.
(2) Subject to the requirements
in this division and OAR 340-200-0010(3), LRAPA is designated by the EQC to implement
the rules in this division within its area of jurisdiction.
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 468A
Stats. Implemented: ORS 468
& 468A
Hist.: DEQ 7-2015, f. &
cert. ef. 4-16-15
340-226-0010
Definitions
The definitions in OAR 340-200-0020,
340-204-0010 and this rule apply to this division. If the same term is defined in
this rule and 340-200-0020 or 340-204-0010, the definition in this rule applies
to this division.
(1) "Refuse" means unwanted
matter.
(2) "Refuse burning equipment"
means a device designed to reduce the volume of solid, liquid, or gaseous refuse
by combustion.
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
Stats. Implemented: ORS 468A.025
Hist.: DEQ 16, f. 6-12-70,
ef. 7-11-70; DEQ 1-1984, f. & ef. 1-16-84; DEQ 4-1993, f. & cert. ef. 3-10-93;
DEQ 3-1996, f. & cert. ef. 1-29-96; DEQ 14-1999, f. & cert. ef. 10-14-99,
Renumbered from 340-021-0005; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 7-2015,
f. & cert. ef. 4-16-15
Highest and Best Practicable Treatment
and Control
340-226-0100
Policy and Application
(1) As specified in OAR 340-226-0110
through 340-226-0140 and sections (2) through (5), the highest and best practicable
treatment and control of air contaminant emissions must in every case be provided
so as to maintain overall air quality at the highest possible levels, and to maintain
contaminant concentrations, visibility reduction, odors, soiling and other deleterious
factors at the lowest possible levels. In the case of sources installed, constructed,
or modified after June 1, 1970, particularly those located in areas with existing
high air quality, the degree of treatment and control provided must be such that
degradation of existing air quality is minimized to the greatest extent possible.
(2) A source is in compliance
with section (1) if the source is in compliance with all other applicable emission
standards and requirements contained in OAR 340 divisions 200 through 268.
(3) The EQC may adopt additional
rules as necessary to ensure that the highest and best practicable treatment and
control is provided as specified in section (1). Such rules may include, but are
not limited to, requirements:
(a) Applicable to a source
category, regulated pollutant or geographic area of the state;
(b) Necessary to protect
public health and welfare for air contaminants that are not otherwise regulated
by the EQC; or
(c) Necessary to address
the cumulative impact of sources on air quality.
(4) The EQC encourages the
owner or operator of a source to further reduce emissions from the source beyond
applicable control requirements where feasible.
(5) Nothing in OAR 340-226-0100
through 340-226-0140 revokes or modifies any existing permit term or condition unless
or until DEQ revokes or modifies the term or condition by a permit revision.
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
Stats. Implemented: ORS 468A.025
Hist.: DEQ 37, f. 2-15-72,
ef. 3-1-72; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 12-1993, f. & cert.
ef. 9-24-93, Renumbered from 340-020-0001; DEQ 19-1993, f. 11-4-93 & cert. ef.
1-1-94; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-0600;
DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 7-2015, f. & cert. ef. 4-16-15
340-226-0110
Pollution Prevention
The owner or operator of a source is
encouraged to take into account the overall impact of the control methods selected,
considering risks to all environmental media and risks from all affected products
and processes. The owner or operator of a source is encouraged, but not required,
to use the following hierarchy in controlling air contaminant emissions:
(1) Modify the process, raw
materials or product to reduce the toxicity and quantity of air contaminants generated;
(2) Capture and reuse air
contaminants;
(3) Treat to reduce the toxicity
and quantity of air contaminants released; or
(4) Otherwise control emissions.
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
Stats. Implemented: ORS 468A.025
Hist.: DEQ 19-1993, f. 11-4-93
& cert. ef. 1-1-94; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from
340-028-0610; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 7-2015, f. & cert.
ef. 4-16-15
340-226-0120
Operating and Maintenance Requirements
(1) Operational, Maintenance and Work
Practice Requirements:
(a) Where DEQ has determined
that specific operational, maintenance, or work practice requirements are appropriate
to ensure that the owner or operator of a source is operating and maintaining air
pollution control devices and emission reduction processes at the highest reasonable
efficiency and effectiveness to minimize emissions, DEQ will establish such requirements
by permit condition or notice of construction approval;
(b) Operational, maintenance,
and work practice requirements include:
(A) Flow rates, temperatures,
pressure drop, ammonia slip, and other physical or chemical parameters related to
the operation of air pollution control devices and emission reduction processes;
(B) Monitoring, record-keeping,
testing, and sampling requirements and schedules;
(C) Maintenance requirements
and schedules; and
(D) Requirements that components
of air pollution control devices be functioning properly.
(2) Emission Action Levels:
(a) Where DEQ has determined
that specific operational, maintenance, or work practice requirements considered
or required under section (1) are insufficient to ensure that the owner or operator
is operating and maintaining air pollution control devices and emission reduction
processes at the highest reasonable efficiency and effectiveness, DEQ may establish,
by permit or Notice of Construction approval, specific emission action levels in
addition to applicable emission standards. An emission action level will be established
that ensures an air pollution control device or emission reduction process is operated
at the highest reasonable efficiency and effectiveness to minimize emissions;
(b) If emissions from a source
equal or exceed the applicable emission action level, the owner or operator of the
source must:
(A) Take corrective action
as expeditiously as practical to reduce emissions to below the emission action level;
(B) Maintain records at the
plant site for two years which document the exceedance, the cause of the exceedance,
and the corrective action taken;
(C) Make such records available
for inspection by DEQ during normal business hours; and
(D) Submit such records to
DEQ upon request.
(c) DEQ will revise an emission
action level if it finds that such level does not reflect the highest reasonable
efficiency and effectiveness of air pollution control devices and emission reduction
processes;
(d) An exceedance of an emission
action level that is more stringent than an applicable emission standard is not
a violation of such emission standard.
(3) In determining the highest
reasonable efficiency and effectiveness for purposes of this rule, DEQ considers
operational variability and the capability of air pollution control devices and
emission reduction processes. If the performance of air pollution control devices
and emission reduction processes during startup or shutdown differs from the performance
under normal operating conditions, DEQ determines the highest reasonable efficiency
and effectiveness separately for these operating modes.
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.055
Stats. Implemented: ORS 468A.025,
468A.040 & 468A.055
Hist.: DEQ 19-1993, f. 11-4-93
& cert. ef. 1-1-94; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from
340-028-0620; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 7-2015, f. & cert.
ef. 4-16-15
340-226-0130
Typically Achievable Control Technology
(TACT)
For existing sources, the emission limit
established will be typical of the emission level achieved by emissions units similar
in type and size. For new and modified sources, the emission limit established will
be typical of the emission level achieved by well controlled new or modified emissions
units similar in type and size that were recently installed. TACT determinations
will be based on information known to DEQ while considering pollution prevention,
impacts on other environmental media, energy impacts, capital and operating costs,
cost effectiveness, and the age and remaining economic life of existing emission
control devices. DEQ may consider emission control technologies typically applied
to other types of emissions units where such technologies could be readily applied
to the emissions unit. If an emission limitation is not feasible, a design, equipment,
work practice, operational standard, or combination thereof, may be required.
(1) Existing Sources. An
existing emissions unit must meet TACT for existing sources if:
(a) The emissions unit is
not already subject to emission standards for the regulated pollutant under OAR
340 divisions 224, 230, 340-232-0010 through 340-232-0240, OAR 340 divisions 234,
236, or 238, 340-240-0110 through 340-240-0180, 340-240-0310(1), 340-240-0320 through
340-240-0430;
(b) The source is required
to have a permit;
(c) The emissions unit has
emissions of criteria pollutants equal to or greater than 5 tons per year of particulate
or 10 tons per year of any gaseous pollutant; and
(d) DEQ determines that air
pollution control devices and emission reduction processes in use for the emissions
unit do not represent TACT, and that further emission control is necessary to address
documented nuisance conditions, address an increase in emissions, ensure that the
source is in compliance with other applicable requirements, or protect public health
or welfare or the environment.
(2) New and Modified Sources.
A new or modified emissions unit must meet TACT for new or modified sources if:
(a) The new or modified emissions
unit is not subject to Major NSR in OAR 340 division 224, a Type A State NSR action
under OAR 340 division 224, an applicable Standard of Performance for New Stationary
Sources in OAR 340 division 238, 340-240-0110 through 340-240-0180, 340-240-0310(1),
340-240-320 through 340-240-0430, or any other standard applicable only to new or
modified sources in OAR 340 divisions 230, 234, 236, or 238 for the regulated pollutant
emitted;
(b) The source is required
to have a permit;
(c) The emissions unit:
(A) If new, would have emissions
of any criteria pollutant equal to or greater than 1 ton per year in any area, or
of PM10 equal to or greater than 500 pounds per year in a PM10 nonattainment area;
or
(B) If modified, would have
an increase in emissions from the permitted level for the emissions unit of any
criteria pollutant equal to or greater than 1 ton per year in any area, or of PM10
equal to or greater than 500 pounds per year in a PM10 nonattainment area; and
(d) DEQ determines that the
proposed air pollution control devices and emission reduction processes do not represent
TACT.
(3) Before making a TACT
determination, DEQ will notify the owner or operator of a source that it intends
to make such a determination using information known to DEQ. The owner or operator
of the source may supply DEQ with additional information by a reasonable date set
by DEQ.
(4) The owner or operator
of a source subject to TACT must submit, by a reasonable date established by DEQ,
compliance plans and specifications for DEQ's approval. The owner or operator of
the source must demonstrate compliance in accordance with a method and compliance
schedule approved by 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 & 468A
Stats. Implemented: ORS 468.020
& 468A.025
Hist.: DEQ 19-1993, f. 11-4-93
& cert. ef. 1-1-94; DEQ 22-1996, f. & cert. ef. 10-22-96; DEQ 14-1999, f.
& cert. ef. 10-14-99, Renumbered from 340-028-0630; DEQ 6-2001, f. 6-18-01,
cert. ef. 7-1-01; DEQ 7-2015, f. & cert. ef. 4-16-15
340-226-0140
Additional Control Requirements
for Stationary Sources of Air Contaminants
In addition to other applicable requirements,
DEQ may establish control requirements by permit if necessary as specified in sections
(1) through (5):
(1) Requirements will be
established to prevent violation of an ambient air quality standard caused or projected
to be caused substantially by emissions from the source as determined by modeling,
monitoring, or a combination thereof. For existing sources, DEQ will conduct monitoring
to confirm a violation of an ambient air quality standard.
(2) Requirements will be
established to prevent significant impairment of visibility in Class I areas caused
or projected to be caused substantially by a source as determined by modeling, monitoring,
or a combination thereof. For existing sources, DEQ will conduct monitoring to confirm
visibility impairment.
(3) A requirement applicable
to a major source will be established if it has been adopted by EPA but has not
otherwise been adopted by the EQC.
(4) An additional control
requirement will be established if requested by the owner or operator of a source.
(5) Requirements will be
established if necessary to protect public health or welfare for the following air
contaminants and sources not otherwise regulated under OAR 340 divisions 200 through
268:
(a) Chemical weapons; and
(b) Combustion and degradation
by-products of chemical weapons.
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
Stats. Implemented: ORS 468A.025
& 468A.040
Hist.: DEQ 19-1993, f. 11-4-93
& cert. ef. 1-1-94; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from
340-028-0640; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 15-2001, f. & cert.
ef. 12-26-01; DEQ 7-2015, f. & cert. ef. 4-16-15
Grain Loading Standards
340-226-0210
Particulate Emission Limitations
for Sources Other Than Fuel Burning Equipment, Refuse Burning Equipment and Fugitive
Emissions
(1) This rule does not apply to fugitive
emissions sources, fuel burning equipment, refuse burning equipment, or to solid
fuel burning devices certified under OAR 340-262-0500.
(2) No person may cause,
suffer, allow, or permit particulate matter emissions from any air contaminant source
in excess of the following limits:
(a) For sources installed,
constructed, or modified before June 1, 1970:
(A) 0.10 grains per dry standard
cubic foot provided that all representative compliance source test results collected
prior to April 16, 2015, demonstrate emissions no greater than 0.080 grains per
dry standard cubic foot;
(B) If any representative
compliance source test results collected prior to April 16, 2015 demonstrate emissions
greater than 0.080 grains per dry standard cubic foot, or if there are no representative
compliance source test results, then:
(i) 0.24 grains per dry standard
cubic foot prior to Dec. 31, 2019; and
(ii) 0.15 grains per dry
standard cubic foot on or after Jan. 1, 2020; and
(C) In addition to the limits
in paragraphs (A) or (B), for equipment or a mode of operation that is used less
than 876 hours per calendar year, 0.24 grains per dry standard cubic foot from April
16, 2015 through December 31, 2019, and 0.20 grains per dry standard cubic foot
on or after Jan. 1, 2020.
(b) For sources installed,
constructed, or modified on or after June 1, 1970 but prior to April 16, 2015:
(A) 0.10 grains per dry standard
cubic foot provided that all representative compliance source test results prior
to April 16, 2015 demonstrate emissions no greater than 0.080 grains per dry standard
cubic foot; or;
(B) If any representative
compliance source test results prior to April 16, 2015 are greater than 0.080 grains
per dry standard cubic foot, or if there are no representative compliance source
test results, then 0.14 grains per dry standard cubic foot.
(c) For sources installed,
constructed or modified after April 16, 2015, 0.10 grains per dry standard cubic
foot.
(d) The owner or operator
of a source installed, constructed, or modified before June 1, 1970 who is unable
to comply with the standard in subparagraph (a)(B)(ii) may request that DEQ grant
an extension allowing the source up to one additional year to comply with the standard.
The request for an extension must be submitted no later than Oct. 1, 2019.
(3) Compliance with the emissions
standards in section (2) is determined using:
(a) Oregon Method 5;
(b) DEQ Method 8, as approved
by DEQ for sources with exhaust gases at or near ambient conditions;
(c) DEQ Method 7 for direct
heat transfer sources; or
(d) An alternative method
approved by DEQ.
(e) For purposes of this
rule, representative compliance source test results are data that was obtained:
(A) No more than ten years
before April 16, 2015; and
(B) When a source is operating
and maintaining air pollution control devices and emission reduction processes at
the highest reasonable efficiency and effectiveness to minimize emissions based
on the current configuration of the emissions unit and pollution control equipment.
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.070
Stats. Implemented: ORS 468A.025
& 468A.070
Hist.: DEQ 37, f. 2-15-72,
ef. 3-1-72; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 3-1996, f. & cert. ef.
1-29-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-021-0030;
DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 7-2015, f. & cert. ef. 4-16-15
Particulate Emissions from Process
Equipment
340-226-0300
Applicability
OAR 340-226-0300 through 340-226-0320
apply to all non-fugitive emissions from the following process equipment:
(1) Inertial separators without
baghouses;
(2) Calciners;
(3) Material dryers;
(4) Material classifiers;
(5) Conveyors;
(6) Size reduction equipment;
(7) Material storage structures;
(8) Seed cleaning devices;
and
(9) Equipment other than
that for which specific emission standards have been adopted.
Stat. Auth.: ORS 468 & 468A
Stats. Implemented: ORS 468.020
& 468A.025
Hist.: DEQ 37, f. 2-15-72,
ef. 3-1-72; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 3-1996, f. & cert. ef.
1-29-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-021-0035;
DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01
340-226-0310
Emission Standard
No person may cause, suffer, allow,
or permit the emissions of particulate matter in any one hour from any process in
excess of the amount shown in OAR 340-226-8010, for the process weight rate allocated
to such process.
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
Stats. Implemented: ORS 468A.025
Hist.: DEQ 37, f. 2-15-72,
ef. 3-1-72; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 14-1999, f. & cert.
ef. 10-14-99, Renumbered from 340-021-0040; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01;
DEQ 7-2015, f. & cert. ef. 4-16-15
340-226-0320
Determination of Process Weight
(1) Process weight is the total weight
of all materials introduced into a piece of process equipment. Solid fuels charged
are considered part of the process weight, but liquid and gaseous fuels and combustion
air are not.
(a) For a cyclical or batch
operation, the process weight per hour is derived by dividing the total process
weight by the number of hours in one complete operation, excluding any time during
which the equipment is idle.
(b) For a continuous operation,
the process weight per hour is derived by dividing the process weight by a typical
period of time, as approved by DEQ.
(2) Where the nature of any
process or operation or the design of any equipment permits more than one interpretation
of this rule, the interpretation that results in the minimum value for allowable
emission applies.
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.070
Stats. Implemented: ORS 468A.025
& 468A.070
Hist.: DEQ 37, f. 2-15-72,
ef. 3-1-72; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 3-1996, f. & cert. ef.
1-29-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-021-0045;
DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 7-2015, f. & cert. ef. 4-16-15
Alternative Emission Controls
340-226-0400
Alternative Emission Controls (Bubble)
(1) DEQ may approve alternative emission
controls for VOC and NOx emissions in a Standard ACDP or Oregon Title V Operating
Permit for use within a single source such that a specific emission limit is exceeded,
provided that:
(a) Such alternatives are
not specifically prohibited by a rule or permit condition.
(b) Net total emissions for
each regulated pollutant from all emissions units involved (i.e., “under the
bubble”) are not increased above the PSEL.
(c) The owner or operator
of the source demonstrates the net air quality benefit under OAR 340-224-0520.
(d) No other air contaminants
including malodorous, toxic or hazardous pollutants are substituted.
(e) BACT and LAER, where
required by a previously issued permit pursuant to OAR 340 division 224 (NSR), OAR
340 division 238 (NSPS), and OAR 340 division 244 (NESHAP), where required, are
not relaxed;
(f) Specific emission limits
are established for each emission unit involved (“under the bubble”)
such that compliance with the PSEL can be readily determined;
(g) The owner or operator
of the source applies for a permit or permit modification and such application is
approved by DEQ.
(h) The emissions unit that
reduces its emissions achieves the reductions by reducing its allowable emission
rate, and not by reducing production, throughput, or hours of operation.
(2) The permit will include
a net emissions limit on total emissions from all devices or emissions units involved
(“under the bubble”).
(3) Alternative emission
controls, in addition to those allowed in section (1), may be approved by DEQ and
EPA as a source specific SIP amendment.
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 340-020-0315; DEQ 22-1995, f. & cert. ef. 10-6-95;
DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1030; DEQ 6-2001,
f. 6-18-01, cert. ef. 7-1-0 ; DEQ 7-2015, f. & cert. ef. 4-16-15
340-226-8010
Table-Particulate Matter Emissions
Standards for Process Equipment
[Table not included. See ED. NOTE.]
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 not included in rule text. Click here for PDF copy of table(s).]
Stat. Auth.: ORS 468.020
& 468A.025
Stats. Implemented: ORS 468A.025
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.
The Oregon Administrative Rules and the Oregon Bulletin are
copyrighted by the Oregon Secretary of State. Terms
and Conditions of Use