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 212
STATIONARY SOURCE TESTING AND MONITORING
340-212-0005
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 468.020 & 468A.050,
468A.055, 468A.070, 468A.135 & 468A.310
Stats. Implemented: ORS 468A.035,
468A.050, 468A.055, 468A.070, 468A.135 & 468A.310
Hist.; DEQ 7-2015, f. &
cert. ef. 4-16-15
340-212-0010
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 OAR 340-200-0020 or 340-204-0010, the definition in this rule applies
to this division.
NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.
Stat. Auth.: ORS 468.020 & 468A
Stats. Implemented: ORS 468A.025
Hist.: DEQ 14-1999, f. &
cert. ef. 10-14-99; DEQ 7-2015, f. & cert. ef. 4-16-15
Sampling, Testing and Measurement
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.
340-212-0110
Applicability
OAR 340-212-0110 through 340-212-0150
apply to all stationary sources in the state. Stationary source includes portable
sources that are required to have permits under division 216.
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.050,
468A.055, 468A.070 & 468A.310
Stats. Implemented: ORS 468A.035,
468A.050, 468A.055, 468A.070 & 468A.310
Hist.: DEQ 12-1993, f. &
cert. ef. 9-24-93; 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 340-028-0900;
DEQ 7-2015, f. & cert. ef. 4-16-15
340-212-0120
Program
(1) As part of its coordinated program
of air quality control and preventing and abating air pollution, DEQ may:
(a) Require the owner or
operator of a stationary source to determine the type, quantity, quality, and duration
of the emissions from any air contamination source;
(b) Require full reporting
in writing of all test procedures and signed by the person or persons responsible
for conducting the tests;
(c) Require continuous monitoring
of specified air contaminant emissions or parameters and periodic regular reporting
of the results of such monitoring.
(2) DEQ may require an owner
or operator of a source to provide emission testing facilities as follows:
(a) Sampling ports, safe
sampling platforms, and access to sampling platforms adequate for test methods applicable
to such source; and
(b) Utilities for sampling
and testing equipment.
(3) Testing must be conducted
in accordance with the DEQ Source Sampling Manual, the DEQ Continuous Monitoring
Manual, or an applicable EPA Reference Method unless DEQ, if allowed under applicable
federal requirements:
(a) Specifies or approves
minor changes in methodology in specific cases;
(b) Approves the use of an
equivalent or alternative method as defined in division 200;
(c) Waives the testing requirement
because the owner or operator has satisfied DEQ that the affected facility is in
compliance with applicable requirements; or
(d) Approves shorter sampling
times and smaller sample volumes when necessitated by process variables or other
factors.
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.050,
468A.055, 468A.070 & 468A.310
Stats. Implemented: ORS 468A.035,
468A.050, 468A.055, 468A.070 & 468A.310
Hist.: DEQ 15, f. 6-12-70,
ef. 9-1-70; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 12-1993, f. & cert.
ef. 9-24-93, Renumbered from 340-020 0035; DEQ 19-1993, f. & cert. ef. 11-4-93;
DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1100; DEQ 6-2001,
f. 6-18-01, cert. ef. 7-1-01; DEQ 7-2015, f. & cert. ef. 4-16-15
340-212-0130
Stack Heights and Dispersion Techniques
(1) 40 CFR parts 51.100(ff) through
51.100(kk), and 51.118, 51.160 through 51.166, concerning stack heights and dispersion
techniques, are adopted and incorporated herein. The federal rule generally prohibits
the use of excessive stack height and certain dispersion techniques when calculating
compliance with ambient air quality standards. The rule forbids neither the construction
and actual use of excessively tall stacks, nor the use of dispersion techniques.
It only forbids their use in noted calculations. The rule generally applies as follows.
Stacks 65 meters high or greater that were constructed after December 31, 1970,
and major modifications made after December 31, 1970 to existing plants with stacks
65 meters high or greater which were constructed before that date are subject to
this rule. Certain stacks at federally owned, coal-fired steam electric generating
units constructed under a contract awarded before February 8, 1974 are exempt. Any
dispersion technique implemented after December 31, 1970 at any plant is subject
to this rule. However, if the plant's total allowable emissions of sulfur dioxide
are less than 5,000 tons per year, then certain dispersion techniques to increase
final exhaust gas plume rise may be used when calculating compliance with ambient
air quality standards for sulfur dioxide.
(2) Where found in the federal
rule, the following terms apply:
(a) "Reviewing agency" means
DEQ, LRAPA, or the EPA, as applicable;
(b) "Authority administering
the State Implementation Plan" means DEQ, LRAPA, or EPA;
(c) The "procedures" referred
to in 40 CFR 51.164 are the DEQ Major NSR procedures (OAR 340-224-0010 through 340-224-0070
and OAR 340-224-0500 through 340-224-0540 or Title 38 of LRAPA rules), and the review
procedures for new, or modifications to, minor sources, at the DEQ review procedures
for new or modified minor sources (OAR 340-210-0205 to 340-210-0250, OAR 340 division
216, OAR 340-224-0010 through 340-224-0038, OAR 340-224-0200 through 340-224-0270
and OAR 340-224-0500 through 340-224-0540, or LRAPA Title 34).
(d) "The state" or "state,
or local control agency" as referred to in 40 CFR 51.118, means DEQ or LRAPA;
(e) "Applicable state implementation
plan" and "plan" refer to the DEQ or LRAPA programs and rules, as approved by the
EPA, or any regulations promulgated by EPA (see 40 CFR part 52, subpart MM).
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.050,
468A.055, 468A.070, 468A.135 & 468A.310
Stats. Implemented: ORS 468A.035,
468A.050, 468A.055, 468A.070, 468A.135 & 468A.310
Hist.: DEQ 11-1986, f. &
ef. 5-12-86; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 12-1993, f. & cert.
ef. 9-24-93, Renumbered from 340-020-0037; 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 340-028-1110; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 7-2015,
f. & cert. ef. 4-16-15
340-212-0140
Methods
(1) Any sampling, testing, or measurement
performed pursuant to this division must conform to methods contained in the DEQ
Source Sampling Manual or to recognized applicable standard methods approved in
advance by DEQ.
(2) DEQ may approve an equivalent
or alternative method as defined in division 200.
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.050, 468A.055,
468A.070 & 468A.310
Stats. Implemented: ORS 468A.035,
468A.050, 468A.055, 468A.070 & 468A.310
Hist.: DEQ 15, f. 6-12-70,
ef. 9-11-70; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 12-1993, f. & cert.
ef. 9-24-93, Renumbered from 340-020-0040; DEQ 14-1999, f. & cert. ef. 10-14-99,
Renumbered from 340-028-1120; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 7-2011(Temp),
f. & cert. ef. 6-24-11 thru 12-19-11; Administrative correction, 2-6-12; DEQ
7-2015, f. & cert. ef. 4-16-15
340-212-0150
Department Testing
Instead of asking for tests and sampling
of emissions from the owner or operator of a source, DEQ may conduct such tests
alone or in conjunction with the owner or operator. If DEQ conducts the testing
or sampling, the agency will provide a copy of the results to the owner or operator.
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.050,
468A.055, 468A.070 & 468A.310
Stats. Implemented: ORS 468A.035,
468A.050, 468A.055, 468A.070 & 468A.310
Hist.: DEQ 15, f. 6-12-70,
ef. 9-1-70; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 12-1993, f. & cert.
ef. 9-24-93, Renumbered from 340-020-0045; DEQ 14-1999, f. & cert. ef. 10-14-99,
Renumbered from 340-028-1130; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 7-2015,
f. & cert. ef. 4-16-15
Compliance Assurance Monitoring
340-212-0200
Purpose and Applicability
(1) The purpose of OAR 340-212-0200
through 340-212-0280 is to require, as part of the issuance of a permit under Title
V of the FCAA, improved or new monitoring at those emissions units where monitoring
requirements do not exist or are inadequate to meet the requirements of 340-212-0200
through 340-212-0280. Except for backup utility units that are exempt under subsection
(2)(b), the requirements of 340-212-0200 through 340-212-0280 apply to a regulated
pollutant-specific emissions unit at a major source that is required to obtain an
Oregon Title V Operating Permit if the unit meets all of the following criteria:
(a) The unit is subject to
an emission limitation or standard for the applicable regulated pollutant (or a
surrogate thereof), other than an emission limitation or standard that is exempt
under subsection (2)(a);
(b) The unit uses a control
device to achieve compliance with any such emission limitation or standard; and
(c) The unit has potential
pre-control device emissions of the applicable regulated pollutant that are equal
to or greater than 100 percent of the amount, in tons per year, required for a source
to be classified as a major source. For purposes of this subsection, "potential
pre-control device emissions" has the same meaning as "potential to emit," as defined
in 340-200-0020, except that emission reductions achieved by the applicable control
device are not taken into account.
(2) Exemptions:
(a) Exempt emission limitations
or standards. The requirements of OAR 340-212-0200 through 340-212-0280 do not apply
to any of the following emission limitations or standards:
(A) Emission limitations
or standards proposed by the Administrator after November 15, 1990 pursuant to section
111 or 112 of the FCAA;
(B) Stratospheric ozone protection
requirements under title VI of the FCAA;
(C) Acid Rain Program requirements
pursuant to sections 404, 405, 406, 407(a), 407(b), or 410 of the FCAA;
(D) Emission limitations
or standards or other applicable requirements that apply solely under an emissions
trading program approved or promulgated by the Administrator under the FCAA that
allows for trading emissions within a source or between sources;
(E) An emissions cap that
meets the requirements specified in 40 CFR 70.4(b)(12), 71.6(a)(13)(iii), or OAR
340 division 222 (Stationary Source Plant Site Emission Limits);
(F) Emission limitations
or standards for which an Oregon Title V Operating Permit specifies a continuous
compliance determination method, as defined in OAR 340-200-0020. The exemption does
not apply if the applicable compliance method includes an assumed control device
emission reduction factor that could be affected by the actual operation and maintenance
of the control device. For example a certain surface coating line is controlled
by an incinerator whose continuous compliance is determined by calculating emissions
on the basis of coating records and an assumed control device efficiency factor
based on an initial performance test. In this example, OAR 340-212-0200 through
212-0280 apply to the control device and capture system, but not to the remaining
elements of the coating line, such as raw material usage.
(b) Exemption for backup
utility power emissions units. The requirements of OAR 340-212-0200 through 212-0280
do not apply to a utility unit, as defined in 40 CFR 72.2, that is municipally owned
if the owner or operator provides documentation in an Oregon Title V Operating Permit
application that:
(A) The utility unit is exempt
from all monitoring requirements in 40 CFR part 75, including the appendices thereto;
(B) The utility unit is operated
solely for providing electricity during periods of peak electrical demand or emergency
situations and will be operated consistent with that purpose throughout the Oregon
Title V Operating Permit term. The owner or operator must provide historical operating
data and relevant contractual obligations to document that this criterion is satisfied;
and
(C) The actual emissions
from the utility unit, based on the average annual emissions over the last three
calendar years of operation, or such shorter time period that is available for units
with fewer than three years of operation, are less than 50 percent of the amount
in tons per year required for a source to be classified as a major source and are
expected to remain so.
Stat. Auth.: ORS 468.020 & 468A.310
Stats. Implemented: ORS 468A.310
Hist.: DEQ 21-1998, f. &
cert. ef. 10-14-98; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1200;
DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 7-2015, f. & cert. ef. 4-16-15
340-212-0210
Monitoring Design Criteria
(1) General criteria. To provide a reasonable
assurance of compliance with emission limitations or standards for the anticipated
range of operations at a regulated pollutant-specific emissions unit, monitoring
under OAR 340-212-0200 through 340-212-0280 must meet the following general criteria:
(a) The owner or operator
must design the monitoring to obtain data for one or more indicators of emission
control performance for the control device, any associated capture system and, if
necessary to satisfy subsection (1)(b), processes at a regulated pollutant-specific
emissions unit. Indicators of performance may include, but are not limited to, direct
or predicted emissions, including visible emissions or opacity, process and control
device parameters that affect control device and capture system efficiency or emission
rates, or recorded findings of inspection and maintenance activities conducted by
the owner or operator;
(b) The owner or operator
must establish an appropriate range or designated condition for the selected indicator
such that operation within the ranges provides a reasonable assurance of ongoing
compliance with emission limitations or standards for the anticipated range of operating
conditions. Such range or condition must reflect the proper operation and maintenance
of the control device and associated capture system, in accordance with applicable
design properties, for minimizing emissions over the anticipated range of operating
conditions at least to the level required to achieve compliance with the applicable
requirements. The reasonable assurance of compliance will be assessed by maintaining
performance within the indicator range or designated condition. The ranges must
be established in accordance with the design and performance requirements in this
rule and documented in accordance with the requirements in OAR 340-212-0220. If
necessary to assure that the control device and associated capture system can satisfy
this criterion, the owner or operator must monitor appropriate process operational
parameters, such as total throughput where necessary to stay within the rated capacity
for a control device. In addition, unless specifically stated otherwise by an applicable
requirement, the owner or operator must monitor indicators to detect any bypass
of the control device or capture system to the atmosphere, if such bypass can occur
based on the design of the regulated pollutant-specific emissions unit;
(c) The design of indicator
ranges or designated conditions may be:
(A) Based on a single maximum
or minimum value if appropriate, e.g., maintaining condenser temperatures a certain
number of degrees below the condensation temperature of the applicable compound
being processed, or at multiple levels that are relevant to distinctly different
operating conditions, e.g., high versus low load levels;
(B) Expressed as a function
of process variables, e.g., an indicator range expressed as minimum to maximum pressure
drop across a venturi throat in a particulate control scrubber;
(C) Expressed as maintaining
the applicable parameter in a particular operational status or designated condition,
e.g., position of a damper controlling gas flow to the atmosphere through a by-pass
duct;
(D) Established as interdependent
between more than one indicator.
(2) Performance criteria.
The owner or operator must design the monitoring to meet the following performance
criteria:
(a) Specifications that provide
for obtaining data that are representative of the emissions or parameters being
monitored, such as detector location and installation specifications, if applicable;
(b) For new or modified monitoring
equipment, verification procedures to confirm the operational status of the monitoring
prior to the date by which the owner or operator must conduct monitoring under OAR
340-212-0200 through 340-212-0280 as specified in OAR 340-212-0250(1). The owner
or operator must consider the monitoring equipment manufacturer's requirements or
recommendations for installation, calibration, and start-up operation;
(c) Quality assurance and
control practices that are adequate to ensure the continuing validity of the data.
The owner or operator must consider manufacturer recommendations or requirements
applicable to the monitoring in developing appropriate quality assurance and control
practices;
(d) Specifications for the
frequency of the monitoring, the data collection procedures that will be used (e.g.,
computerized data acquisition and handling, alarm sensor, or manual log entries
based on gauge readings), and, if applicable, the period over which discrete data
points will be averaged for the purpose of determining whether an excursion or exceedance
has occurred:
(A) At a minimum, the owner
or operator must design the period over which data are obtained and, if applicable,
averaged consistent with the characteristics and typical variability of the regulated
pollutant-specific emissions unit, including the control device and associated capture
system. Such intervals must be commensurate with the time period over which a change
in control device performance that would require actions by owner or operator to
return operations within normal ranges or designated conditions is likely to be
observed;
(B) For all regulated pollutant-specific
emissions units with the potential to emit, calculated including the effect of control
devices, the applicable regulated pollutant in an amount equal to or greater than
100 percent of the amount, in tons per year, required for a source to be classified
as a major source, for each parameter monitored, the owner or operator must collect
four or more data values equally spaced over each hour and average the values, as
applicable, over the applicable averaging period as determined in accordance with
paragraph (2)(d)(A). DEQ may approve a reduced data collection frequency based on
information presented by the owner or operator concerning the data collection mechanisms
available for a particular parameter for the particular regulated pollutant-specific
emissions unit, e.g., integrated raw material or fuel analysis data, noninstrumental
measurement of waste feed rate or visible emissions, use of a portable analyzer
or an alarm sensor;
(C) For other regulated pollutant-specific
emissions units, the frequency of data collection may be less than the frequency
specified in paragraph (2)(d)(B), but the monitoring must include some data collection
at least once per 24-hour period, e.g., a daily inspection of a carbon adsorber
operation in conjunction with a weekly or monthly check of emissions with a portable
analyzer.
(3) Evaluation factors. In
designing monitoring to meet the requirements in sections (1) and (2), the owner
or operator must take into account site-specific factors including the applicability
of existing monitoring equipment and procedures, the ability of the monitoring to
account for process and control device operational variability, the reliability
and latitude built into the control technology, and the level of actual emissions
relative to the compliance limitation.
(4) Special criteria for
the use of continuous emission, opacity or predictive monitoring systems:
(a) If a continuous emission
monitoring system (CEMS), continuous opacity monitoring system (COMS), or predictive
emission monitoring system (PEMS) is required by other authority under the FCAA
or state or local law, the owner or operator must use such system to satisfy the
requirements of OAR 340-212-0200 through 340-212-0280;
(b) The use of a CEMS, COMS,
or PEMS that satisfies any of the following monitoring requirements satisfies the
general design criteria in sections (1) and (2). However, a COMS may be subject
to the criteria for establishing indicator ranges under section (1):
(A) Section 51.214 and Appendix
P of 40 CFR part 51;
(B) Section 60.13 and Appendix
B of 40 CFR part 60;
(C) Section 63.8 and any
applicable performance specifications required pursuant to the applicable subpart
of 40 CFR part 63;
(D) 40 CFR part 75;
(E) Subpart H and Appendix
IX of 40 CFR part 266; or
(F) If an applicable requirement
does not otherwise require compliance with the requirements listed in paragraphs
(4)(b)(A) through (E), comparable requirements and specifications established by
DEQ.
(c) The owner or operator
must design the monitoring system subject to section (4) to:
(A) Allow for reporting exceedances,
or excursions if applicable to a COMS used to assure compliance with a particulate
matter standard, consistent with any period for reporting of exceedances in an underlying
requirement. If an underlying requirement does not contain a provision for establishing
an averaging period for the reporting of exceedances or excursions, the criteria
used to develop an averaging period in section (2)(d) applies; and
(B) Provide an indicator
range consistent with section (1) for a COMS used to assure compliance with a particulate
matter standard. If an opacity standard applies to the regulated pollutant-specific
emissions unit, such limit may be used as the appropriate indicator range unless
the opacity limit fails to meet the criteria in section (1) after considering the
type of control device and other site-specific factors applicable to the regulated
pollutant-specific emissions unit.
Stat. Auth.: ORS 468.020 & 468A.310
Stats. Implemented: ORS 468A.310
Hist.: DEQ 21-1998, f. &
cert. ef. 10-14-98; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1210;
DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 7-2015, f. & cert. ef. 4-16-15
340-212-0220
Submittal Requirements
(1) The owner or operator must submit
to DEQ monitoring plans that satisfy the design requirements in OAR 340-212-0210.
The submission must include the following information:
(a) The indicators to be
monitored to satisfy OAR 340-212-0210(1)(a) and (b);
(b) The ranges or designated
conditions for such indicators, or the process by which such indicator ranges or
designated conditions will be established;
(c) The performance criteria
for the monitoring to satisfy OAR 340-212-0210(2); and
(d) If applicable, the indicator
ranges and performance criteria for a CEMS, COMS or PEMS pursuant to OAR 340-212-0210(4).
(2) As part of the information
submitted, the owner or operator must submit a justification for the proposed elements
of the monitoring plans. If the performance specifications proposed to satisfy OAR
340-212-0210(2)(b) or (c) include differences from manufacturer recommendations,
the owner or operator must explain the reasons for the differences. The owner or
operator also must submit any data supporting the justification and may refer to
generally available sources of information used to support the justification, such
as generally available air pollution engineering manuals, or EPA or DEQ publications
on appropriate monitoring for various types of control devices or capture systems.
To justify the appropriateness of the monitoring elements proposed, the owner or
operator may rely in part on existing applicable requirements that establish the
monitoring for the applicable regulated pollutant-specific emissions unit or a similar
unit. If an owner or operator relies on presumptively acceptable monitoring, no
further justification for the appropriateness of that monitoring should be necessary
other than an explanation of the applicability of such monitoring to the unit in
question, unless data or information is brought forward to rebut the assumption.
Presumptively acceptable monitoring includes:
(a) Presumptively acceptable
or required monitoring approaches, established by DEQ in a rule that constitutes
part of the applicable implementation plan required pursuant to title I of the FCAA,
that are designed to achieve compliance with OAR 340-212-0200 through 340-212-0280
for particular regulated pollutant-specific emissions units;
(b) Continuous emission,
opacity, or predictive emission monitoring systems that satisfy applicable monitoring
requirements and performance specifications contained in OAR 340-212-0210(d);
(c) Excepted or alternative
monitoring methods allowed or approved pursuant to 40 CFR part 75;
(d) Monitoring included for
standards exempt from OAR 340-212-0200 through 340-212-0280 pursuant to OAR 340-212-0200(2)(a)(A)
through (F) to the extent such monitoring is applicable to the performance of the
control device and associated capture system for the regulated pollutant-specific
emissions unit; and
(e) Presumptively acceptable
monitoring methods identified in guidance by EPA.
(3)(a) Except as provided
in section (4), the owner or operator must submit control device and process and
capture system, if applicable, operating parameter data obtained during the conduct
of the applicable compliance or performance test conducted under conditions specified
by the applicable rule. If the applicable rule does not specify testing conditions
or only partially specifies test conditions, the performance test generally must
be conducted under conditions representative of maximum emissions potential under
anticipated operating conditions at the regulated pollutant-specific emissions unit.
Such data may be supplemented by engineering assessments and manufacturer's recommendations
to justify the indicator ranges or, if applicable, the procedures for establishing
such indicator ranges. Emission testing is not required to be conducted over the
entire indicator range or range of potential emissions;
(b) The owner or operator
must document that no changes to the regulated pollutant-specific emissions unit,
including the control device and capture system, have taken place that could result
in a significant change in the control system performance or the selected ranges
or designated conditions for the indicators to be monitored since the performance
or compliance tests were conducted.
(4) If existing data from
unit-specific compliance or performance testing specified in section (3) are unavailable,
the owner or operator:
(a) Must submit a test plan
and schedule for obtaining such data in accordance with section (5); or
(b) May submit indicator
ranges, or procedures for establishing indicator ranges, that rely on engineering
assessments and other data, if the owner or operator demonstrates that factors specific
to the type of monitoring, control device, or regulated pollutant-specific emissions
unit make compliance or performance testing unnecessary to establish indicator ranges
at levels that satisfy the criteria in OAR 340-212-0210(1).
(5) If the monitoring plans
submitted by the owner or operator require installation, testing, or other necessary
activities before conducting the monitoring for purposes of OAR 340-212-0200 through
340-212-0280, the owner or operator must include an implementation plan and schedule
for installing, testing and performing any other appropriate activities before conducting
the monitoring. The implementation plan and schedule must provide for conducting
the monitoring as expeditiously as practicable after DEQ approves the monitoring
plans in the Oregon Title V Operating Permit pursuant to OAR 340-212-0240. In no
case may the schedule for completing installation and beginning operation of the
monitoring exceed 180 days after approval of the permit.
(6) If a control device is
common to more than one regulated pollutant-specific emissions unit, the owner or
operator may submit monitoring plans for the control device and identify the regulated
pollutant-specific emissions units affected and any process or associated capture
device conditions that must be maintained or monitored in accordance with OAR 340-212-0210(1)
rather than submit separate monitoring plans for each regulated pollutant-specific
emissions unit.
(7) If a single regulated
pollutant-specific emissions unit is controlled by more than one control device
that is similar in design and operation, the owner or operator may submit monitoring
plans that apply to all the control devices and identify the control devices affected
and any process or associated capture device conditions that must be maintained
or monitored in accordance with OAR 340-212-0210(1) rather than submit a separate
description for each control device.
Stat. Auth.: ORS 468.020 & 468A.310
Stats. Implemented: ORS 468A.310
Hist.: DEQ 21-1998, f. &
cert. ef. 10-14-98; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1220;
DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 7-2015, f. & cert. ef. 4-16-15
340-212-0230
Deadlines for Submittals
(1) Large regulated pollutant-specific
emissions units. For all regulated pollutant-specific emissions units with the potential
to emit the applicable regulated pollutant in an amount equal to or greater than
100 percent of the amount, in tons per year, required for a source to be classified
as a major source, the owner or operator must submit the information required under
OAR 340-212-0220 at the following times:
(a) The owner or operator
must submit information as part of an application for an initial Oregon Title V
Operating Permit if, by that date, the application either:
(A) Has not been filed; or
(B) Has not yet been determined
to be complete by DEQ.
(b) The owner or operator
must submit information as part of an application for a significant permit revision
under OAR 340-218-0080, but only with respect to those regulated pollutant-specific
emissions units for which the proposed permit revision applies;
(c) The owner or operator
must submit any information not submitted under the deadlines set forth in subsections
(1)(a) and (b) as part of the application for the renewal of an Oregon Title V Operating
Permit.
(2) Other regulated pollutant-specific
emissions units. For all other regulated pollutant-specific emissions units subject
to OAR 340-212-0220 through 340-212-0280 and not subject to section (1), the owner
or operator must submit the information required under 340-212-0220 as part of an
application for a renewal of an Oregon Title V Operating Permit.
(3) A permit reopening to
require the submittal of information under this rule is not required by OAR 340-218-0200(1)(a)(A).
If, however, an Oregon Title V Operating Permit is reopened for cause by EPA or
DEQ pursuant to OAR 340-218-0200(1)(a)(C), (D), or (E), the applicable agency may
require the submittal of information under this rule for those regulated pollutant-specific
emissions units that are subject to OAR 340-212-0200 through 340-212-0280 and that
are affected by the permit reopening.
(4) Until DEQ approves monitoring
plans that satisfy the requirements of OAR 340-212-0200 through 340-212-0280, the
owner or operator is subject to the requirements of OAR 340-218-0050(3)(a)(C).
Stat. Auth.: ORS 468.020 & 468A.310
Stats. Implemented: ORS 468A.310
Hist.: DEQ 21-1998, f. &
cert. ef. 10-14-98; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1230;
DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 7-2015, f. & cert. ef. 4-16-15
340-212-0240
Approval of Monitoring Plans
(1) Based on an application that includes
the information submitted in accordance with OAR 340-212-0230, DEQ will approve
the monitoring plans submitted by the owner or operator by confirming that the plans
satisfy the requirements in OAR 340-212-0210.
(2) DEQ may condition its
approval on the owner or operator collecting additional data on the indicators to
be monitored for a regulated pollutant-specific emissions unit, including required
compliance or performance testing, to confirm that the monitoring will provide data
sufficient to satisfy the requirements of OAR 340-212-0200 through 340-212-0280
and to confirm the appropriateness of an indicator range or designated condition
proposed to satisfy OAR 340-212-0210(1)(b) and (c) and consistent with the schedule
in OAR 340-212-0220(4).
(3) If DEQ approves the proposed
monitoring, DEQ will establish one or more permit terms or conditions that specify
the required monitoring in accordance with OAR 340-218-0050(3)(a). At a minimum,
the permit will specify:
(a) The approved monitoring
approach that includes all of the following:
(A) The indicator to be monitored
(such as temperature, pressure drop, emissions, or similar parameter);
(B) The means or device to
be used to measure the indicator (such as temperature measurement device, visual
observation, or CEMS); and
(C) The performance requirements
established to satisfy OAR 340-212-0210(2) or (4), as applicable.
(b) The means by which the
owner or operator will define an exceedance or excursion for purposes of responding
to and reporting exceedances or excursions under OAR 340-212-0250 and 340-212-0260.
The permit will specify the level at which an excursion or exceedance will be deemed
to occur, including the appropriate averaging period associated with such exceedance
or excursion. For defining an excursion from an indicator range or designated condition,
the permit may either include the specific value or condition at which an excursion
occurs, or the specific procedures that will be used to establish that value or
condition. If the latter, the permit will specify appropriate notice procedures
for the owner or operator to notify DEQ upon any establishment or reestablishment
of the value;
(c) The obligation to conduct
the monitoring and fulfill the other obligations specified in OAR 340-212-0250 through
340-212-0270;
(d) If appropriate, a minimum
data availability requirement for valid data collection for each averaging period,
and, if appropriate, a minimum data availability requirement for the averaging periods
in a reporting period.
(4) If the monitoring proposed
by the owner or operator requires installation, testing or final verification of
operational status, the Oregon Title V Operating Permit will include an enforceable
schedule with appropriate milestones for completing such installation, testing,
or final verification consistent with the requirements in OAR 340-212-0220(5).
(5) If DEQ disapproves the
proposed monitoring, the following applies:
(a) The draft or final permit
will include, at a minimum, monitoring that satisfies the requirements of OAR 340-218-0050(3)(a)(C);
(b) The draft or final permit
will include a compliance schedule for the owner or operator to submit monitoring
plans that satisfy OAR 340-212-0210 and OAR 340-212-0220. In no case may the owner
or operator submit revised monitoring more than 180 days from the date of issuance
of the draft or final permit; and
(c) If the owner or operator
does not submit the monitoring plans in accordance with the compliance schedule
contained in the draft or final permit or if DEQ disapproves the proposed monitoring
plans, the owner or operator is not in compliance with OAR 340-212-0200 through
340-212-0280, unless the source owner or operator successfully challenges the disapproval.
Stat. Auth.: ORS 468.020 & 468A.310
Stats. Implemented: ORS 468A.310
Hist.: DEQ 21-1998, f. &
cert. ef. 10-14-98; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1240;
DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 7-2015, f. & cert. ef. 4-16-15
340-212-0250
Operation of Approved Monitoring
(1) Commencement of operation. The owner
or operator must conduct the monitoring required under OAR 340-212-0200 through
340-212-0280 upon issuance of an Oregon Title V Operating Permit that includes such
monitoring, or by any later date specified in the permit pursuant to 340-212-0240(4).
(2) Proper maintenance. The
owner or operator must at all times maintain the monitoring equipment, including
but not limited to, maintaining necessary parts for routine repairs of the monitoring
equipment.
(3) Continued operation.
Except for monitoring malfunctions, associated repairs, and required quality assurance
or control activities including, as applicable, calibration checks and required
zero and span adjustments, the owner or operator must conduct all monitoring in
continuous operation, or must collect data at all required intervals, at all times
that the regulated pollutant-specific emissions unit is operating. Data recorded
during monitoring malfunctions, associated repairs, and required quality assurance
or control activities cannot be used for purposes of OAR 340-212-0200 through 340-212-0280,
including data averages and calculations, or fulfilling a minimum data availability
requirement, if applicable. The owner or operator must use all the data collected
during all other periods in assessing the operation of the control device and associated
control system. A monitoring malfunction is any sudden, infrequent, not reasonably
preventable failure of the monitoring to provide valid data. Monitoring failures
that are caused in part by poor maintenance or careless operation are not malfunctions.
(4) Response to excursions
or exceedances:
(a) Upon detecting an excursion
or exceedance, the owner or operator must restore operation of the regulated pollutant-specific
emissions unit, including the control device and associated capture system, to its
normal or usual manner of operation as expeditiously as practicable in accordance
with good air pollution control practices for minimizing emissions. The response
must include minimizing the period of any startup, shutdown or malfunction and taking
any necessary corrective actions to restore normal operation and prevent the likely
recurrence of the cause of an excursion or exceedance, other than those caused by
excused startup or shutdown conditions. Such actions may include initial inspection
and evaluation, recording that operations returned to normal without operator action,
such as through response by a computerized distribution control system, or any necessary
follow-up actions to return operation to within the indicator range, designated
condition, or below the applicable emission limitation or standard, as applicable;
(b) Determination of whether
the owner or operator has used acceptable procedures in response to an excursion
or exceedance will be based on information available, which may include but is not
limited to, monitoring results, review of operation and maintenance procedures and
records, and inspection of the control device, associated capture system, and the
process;
(c) Documentation of need
for improved monitoring. After DEQ approves the monitoring plans under OAR 340-212-0200
through 340-212-0280, if the owner or operator identifies a failure to achieve compliance
with an emission limitation or standard for which the approved monitoring did not
indicate an excursion or exceedance while providing valid data, or if the results
of compliance or performance testing document a need to modify the existing indicator
ranges or designated conditions, the owner or operator must promptly notify DEQ
and, if necessary, submit a proposed modification to the Oregon Title V Operating
Permit to address the necessary monitoring changes. Such a modification may include,
but is not limited to, reestablishing indicator ranges or designated conditions,
modifying the frequency of conducting monitoring and collecting data, or the monitoring
of additional parameters.
Stat. Auth.: ORS 468.020 & 468A.310
Stats. Implemented: ORS 468A.310
Hist.: DEQ 21-1998, f. &
cert. ef. 10-14-98; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1250;
DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 7-2015, f. & cert. ef. 4-16-15
340-212-0260
Quality Improvement Plan (QIP) Requirements
(1) Based on the results of a determination
made under OAR 340-212-0250(4)(b), the Administrator or DEQ may require the owner
or operator to develop and implement a QIP. Consistent with 340-212-0240(3)(c),
the Oregon Title V Operating Permit may specify an appropriate threshold, such as
an accumulation of exceedances or excursions exceeding 5 percent duration of a regulated
pollutant-specific emissions unit's operating time for a reporting period, for requiring
the implementation of a QIP. The threshold may be set at a higher or lower percent
or may rely on other criteria for purposes of indicating whether a regulated pollutant-specific
emissions unit is being maintained and operated in a manner consistent with good
air pollution control practices.
(2) Elements of a QIP:
(a) The owner or operator
must maintain a written QIP, if required, and have it available for inspection;
(b) The plan initially must
include procedures for evaluating the control performance problems and, based on
the results of the evaluation procedures, the owner or operator must modify the
plan to include procedures for conducting one or more of the following actions,
as appropriate:
(A) Improved preventive maintenance
practices;
(B) Process operation changes;
(C) Appropriate improvements
to control methods;
(D) Other steps appropriate
to correct control performance;
(E) More frequent or improved
monitoring, only in conjunction with one or more steps under paragraphs (A) through
(D) above.
(3) If a QIP is required,
the owner or operator must develop and implement a QIP as expeditiously as practicable
and notify DEQ if the period for completing the improvements contained in the QIP
exceeds 180 days from the date on which the need to implement the QIP was determined.
(4) Following implementation
of a QIP, upon any subsequent determination pursuant to OAR 340-212-0250(4)(b) the
Administrator or DEQ may require that an owner or operator make reasonable changes
to the QIP if the QIP is found to have:
(a) Failed to address the
cause of the control device performance problems; or
(b) Failed to provide adequate
procedures for correcting control device performance problems as expeditiously as
practicable in accordance with good air pollution control practices for minimizing
emissions.
(5) Implementation of a QIP
does not excuse the owner or operator of a source from compliance with any existing
emission limitation or standard, or any existing monitoring, testing, reporting
or recordkeeping requirement that may apply under federal, state, or local law,
or any other applicable requirements under the FCAA.
Stat. Auth.: ORS 468.020 & 468A.310
Stats. Implemented: ORS 468A.310
Hist.: DEQ 21-1998, f. &
cert. ef. 10-14-98; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1260;
DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 7-2015, f. & cert. ef. 4-16-15
340-212-0270
Reporting and Recordkeeping Requirements
(1) General reporting requirements:
(a) On and after the date
specified in OAR 340-212-0250(1) by which the owner or operator must conduct monitoring
that meets the requirements of 340-212-0200 through 340-212-0280, the owner or operator
must submit monitoring reports to DEQ in accordance with 340-218-0050(3)(c);
(b) A report for monitoring
under OAR 340-212-0200 through 340-218-0280 must include, at a minimum, the information
required under 340-218-0050(3)(c) and the following information, as applicable:
(A) Summary information on
the number, duration and cause, including unknown cause, of excursions or exceedances,
as applicable, and the corrective actions taken;
(B) Summary information on
the number, duration and cause, including unknown cause, for monitor downtime incidents,
other than downtime associated with zero and span or other daily calibration checks;
and
(C) A description of the
actions taken to implement a QIP during the reporting period as specified in OAR
340-212-0260. Upon completion of a QIP, the owner or operator must include in the
next summary report documentation that the implementation of the plan has been completed
and has reduced the likelihood of similar levels of excursions or exceedances occurring.
(2) General recordkeeping
requirements:
(a) The owner or operator
must comply with the recordkeeping requirements specified in OAR 340-218-0050(3)(b).
The owner or operator must maintain records of monitoring data, performance data,
corrective actions taken, any written quality improvement plan required pursuant
to 340-212-0260 and any activities undertaken to implement a quality improvement
plan, and other supporting information required by 340-212-0200 through 340-212-0280,
such as data used to document the adequacy of monitoring, or records of monitoring
maintenance or corrective actions;
(b) Instead of paper records,
the owner or operator may maintain records on alternative media, such as microfilm,
computer files, magnetic tape disks, or microfiche, if the use of such alternative
media allows for expeditious inspection and review and does not conflict with other
applicable recordkeeping requirements.
Stat. Auth.: ORS 468.020 & 468A.310
Stats. Implemented: ORS 468A.310
Hist.: DEQ 21-1998, f. &
cert. ef. 10-14-98; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1270;
DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 7-2015, f. & cert. ef. 4-16-15
340-212-0280
Savings Provisions
Nothing in OAR 340-212-0200 through
340-212-0280:
(1) Excuses the owner or
operator of a source from complying with any existing emission limitation or standard,
or with any existing monitoring, testing, reporting, or recordkeeping requirement
that may apply under federal, state, or local law, or any other applicable requirements
under the FCAA. The requirements of OAR 340-212-0200 through 340-212-0280 may not
be used to justify the approval of monitoring less stringent than the monitoring
required under separate legal authority. Nor are they intended to establish minimum
requirements for the purpose of determining the monitoring to be imposed under separate
authority under the FCAA, including monitoring in permits issued pursuant to title
I of the FCAA.
(2) Restricts or abrogates
the authority of the Administrator or DEQ to impose additional or more stringent
monitoring, recordkeeping, testing, or reporting requirements on any owner or operator
of a source under any provision of the FCAA, including but not limited to sections
114(a)(1) and 504(b), or state law, as applicable;
(3) Restricts or abrogates
the authority of the Administrator or DEQ to take any enforcement action under the
FCAA for any violation of an applicable requirement or of any person to take action
under section 304 of the FCAA.
Stat. Auth.: ORS 468.020 & 468A.310
Stats. Implemented: ORS 468A.310
Hist.: DEQ 21-1998, f. &
cert. ef. 10-14-98; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-1280;
DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 7-2015, f. & cert. ef. 4-16-15
The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
The Oregon Administrative Rules and the Oregon Bulletin are
copyrighted by the Oregon Secretary of State. Terms
and Conditions of Use
