General

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_300/oar_340/340_200.html
Published: 2015

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

 

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DEPARTMENT OF ENVIRONMENTAL QUALITY

 
DIVISION 200  
GENERAL AIR POLLUTION PROCEDURES AND DEFINITIONS
General

340-200-0010
Purpose and Application
(1) This division provides general air
pollution procedures and definitions that apply to all air quality rules in OAR
340 divisions 200 through 268.
(2) Divisions 200 through
268 apply in addition to all other rules adopted by the EQC. In cases of apparent
conflict between rules within these divisions, the most stringent rule applies unless
otherwise expressly stated.
(3) DEQ administers divisions
200 through 268 in all areas of the State of Oregon except when the EQC has designated
LRAPA to administer rules within its area of jurisdiction. Subject to, and when
provided in divisions 200 through 268, LRAPA is authorized by the EQC as the agency
to implement these state rules, and must apply the requirements and procedures contained
in these state rules, within its area of jurisdiction. LRAPA may apply any LRAPA
rule in lieu of a state rule(s) provided that the LRAPA rule is at least as strict
as the state rule(s), LRAPA has submitted the rule to the EQC for its approval,
and the EQC has not disapproved the rule.
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 468
& 468A
Hist.: DEQ 14-1999, f. &
cert. ef. 10-14-99; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 8-2007, f. &
cert. ef. 11-8-07; DEQ 7-2015, f. & cert. ef. 4-16-15
340-200-0020
General Air Quality Definitions
As used in OAR 340 divisions 200 through
268, unless specifically defined otherwise:
(1) "Act" or "FCAA" means
the Federal Clean Air Act, 42 U.S.C.A. § 7401 to 7671q.
(2) "Activity" means any
process, operation, action, or reaction (e.g., chemical) at a source that emits
a regulated pollutant.
(3) "Actual emissions" means
the mass emissions of a regulated pollutant from an emissions source during a specified
time period as set forth in OAR 340 divisions 214, 220 and 222.
(4) "Adjacent", as used in
the definitions of major source and source and in OAR 340-216-0070, means interdependent
facilities that are nearby to each other.
(5) "Affected source" means
a source that includes one or more affected units that are subject to emission reduction
requirements or limitations under Title IV of the FCAA.
(6) "Affected states" means
all states:
(a) Whose air quality may
be affected by a proposed permit, permit modification, or permit renewal and that
are contiguous to Oregon; or
(b) That are within 50 miles
of the permitted source.
(7) "Aggregate insignificant
emissions" means the annual actual emissions of any regulated pollutant from one
or more designated activities at a source that are less than or equal to the lowest
applicable level specified in this section. The total emissions from each designated
activity and the aggregate emissions from all designated activities must be less
than or equal to the lowest applicable level specified:
(a) One ton for total reduced
sulfur, hydrogen sulfide, sulfuric acid mist, any Class I or II substance subject
to a standard promulgated under or established by Title VI of the FCAA, and each
criteria pollutant, except lead;
(b) 120 pounds for lead;
(c) 600 pounds for fluorides;
(d) 500 pounds for PM10 in
a PM10 nonattainment area;
(e) 500 pounds for direct
PM2.5 in a PM2.5 nonattainment area;
(f) The lesser of the amount
established in 40 CFR 68.130 or 1,000 pounds;
(g) An aggregate of 5,000
pounds for all hazardous air pollutants;
(h) 2,756 tons CO2e for greenhouse
gases.
(8) "Air contaminant" means
a dust, fume, gas, mist, odor, smoke, vapor, pollen, soot, carbon, acid, particulate
matter, regulated pollutant, or any combination thereof.
(9) "Air Contaminant Discharge
Permit" or "ACDP" means written authorization issued, renewed, amended, or revised
by DEQ, pursuant to OAR 340 division 216.
(10) "Alternative method"
means any method of sampling and analyzing for an air pollutant which is not a reference
or equivalent method but which has been demonstrated to DEQ's satisfaction to, in
specific cases, produce results adequate for determination of compliance. The alternative
method must comply with the intent of the rules, is at least equivalent in objectivity
and reliability to the uniform recognized procedures, and is demonstrated to be
reproducible, selective, sensitive, accurate, and applicable to the program. An
alternative method used to meet an applicable federal requirement for which a reference
method is specified must be approved by EPA unless EPA has delegated authority for
the approval to DEQ.
(11) "Ambient air" means
that portion of the atmosphere, external to buildings, to which the general public
has access.
(12) "Applicable requirement"
means all of the following as they apply to emissions units in an Oregon Title V
Operating Permit program source or ACDP program source, including requirements that
have been promulgated or approved by the EPA through rule making at the time of
issuance but have future-effective compliance dates:
(a) Any standard or other
requirement provided for in the applicable implementation plan approved or promulgated
by the EPA through rulemaking under Title I of the FCAA that implements the relevant
requirements of the FCAA, including any revisions to that plan promulgated in 40
CFR part 52;
(b) Any standard or other
requirement adopted under OAR 340-200-0040 of the State of Oregon Clean Air Act
Implementation Plan that is more stringent than the federal standard or requirement
which has not yet been approved by the EPA, and other state-only enforceable air
pollution control requirements;
(c) Any term or condition
in an ACDP, OAR 340 division 216, including any term or condition of any preconstruction
permits issued pursuant to OAR 340 division 224, New Source Review, until or unless
DEQ revokes or modifies the term or condition by a permit modification;
(d) Any term or condition
in a Notice of Construction and Approval of Plans, OAR 340-210-0205 through 340-210-0240,
until or unless DEQ revokes or modifies the term or condition by a Notice of Construction
and Approval of Plans or a permit modification;
(e) Any term or condition
in a Notice of Approval, OAR 340-218-0190, issued before July 1, 2001, until or
unless DEQ revokes or modifies the term or condition by a Notice of Approval or
a permit modification;
(f) Any term or condition
of a PSD permit issued by the EPA until or unless the EPA revokes or modifies the
term or condition by a permit modification;
(g) Any standard or other
requirement under section 111 of the FCAA, including section 111(d);
(h) Any standard or other
requirement under section 112 of the FCAA, including any requirement concerning
accident prevention under section 112(r)(7) of the FCAA;
(i) Any standard or other
requirement of the acid rain program under Title IV of the FCAA or the regulations
promulgated thereunder;
(j) Any requirements established
pursuant to section 504(b) or section 114(a)(3) of the FCAA;
(k) Any standard or other
requirement under section 126(a)(1) and(c) of the FCAA;
(l) Any standard or other
requirement governing solid waste incineration, under section 129 of the FCAA;
(m) Any standard or other
requirement for consumer and commercial products, under section 183(e) of the FCAA;
(n) Any standard or other
requirement for tank vessels, under section 183(f) of the FCAA;
(o) Any standard or other
requirement of the program to control air pollution from outer continental shelf
sources, under section 328 of the FCAA;
(p) Any standard or other
requirement of the regulations promulgated to protect stratospheric ozone under
Title VI of the FCAA, unless the Administrator has determined that such requirements
need not be contained in an Oregon Title V Operating Permit; and
(q) Any national ambient
air quality standard or increment or visibility requirement under part C of Title
I of the FCAA, but only as it would apply to temporary sources permitted pursuant
to section 504(e) of the FCAA.
(13) “Attainment area”
or “unclassified area” means an area that has not otherwise been designated
by EPA as nonattainment with ambient air quality standards for a particular regulated
pollutant. Attainment areas or unclassified areas may also be referred to as sustainment
or maintenance areas as designated in OAR 340 division 204. Any particular location
may be part of an attainment area or unclassified area for one regulated pollutant
while also being in a different type of designated area for another regulated pollutant.
(14) “Attainment pollutant”
means a pollutant for which an area is designated an attainment or unclassified
area.
(15) "Baseline emission rate"
means the actual emission rate during a baseline period as determined under OAR
340 division 222.
(16) "Baseline period" means
the period used to determine the baseline emission rate for each regulated pollutant
under OAR 340 division 222.
(17) "Best Available Control
Technology" or "BACT" means an emission limitation, including, but not limited to,
a visible emission standard, based on the maximum degree of reduction of each air
contaminant subject to regulation under the FCAA which would be emitted from any
proposed major source or major modification which, on a case-by-case basis, taking
into account energy, environmental, and economic impacts and other costs, is achievable
for such source or modification through application of production processes or available
methods, systems, and techniques, including fuel cleaning or treatment or innovative
fuel combustion techniques for control of such air contaminant. In no event may
the application of BACT result in emissions of any air contaminant that would exceed
the emissions allowed by any applicable new source performance standard or any standard
for hazardous air pollutant. If an emission limitation is not feasible, a design,
equipment, work practice, or operational standard, or combination thereof, may be
required. Such standard must, to the degree possible, set forth the emission reduction
achievable and provide for compliance by prescribing appropriate permit conditions.
(18) "Biomass" means non-fossilized
and biodegradable organic material originating from plants, animals, and microorganisms,
including products, byproducts, residues and waste from agriculture, forestry, and
related industries as well as the non-fossilized and biodegradable organic fractions
of industrial and municipal wastes, including gases and liquids recovered from the
decomposition of non-fossilized and biodegradable organic matter.
(19) "Capacity" means the
maximum regulated pollutant emissions from a stationary source under its physical
and operational design.
(20) “Capture efficiency”
means the amount of regulated pollutant collected and routed to an air pollution
control device divided by the amount of total emissions generated by the process
being controlled.
(21) "Capture system" means
the equipment, including but not limited to hoods, ducts, fans, and booths, used
to contain, capture and transport a regulated pollutant to a control device.
(22) "Carbon dioxide equivalent"
or "CO2e" means an amount of a greenhouse gas or gases expressed as the equivalent
amount of carbon dioxide, and is be computed by multiplying the mass of each of
the greenhouse gases by the global warming potential published for each gas at 40
CFR part 98, subpart A, Table A–1-Global Warming Potentials, and adding the
resulting value for each greenhouse gas to compute the total equivalent amount of
carbon dioxide.
(23) "Categorically insignificant
activity" means any of the following listed regulated pollutant emitting activities
principally supporting the source or the major industrial group. Categorically insignificant
activities must comply with all applicable requirements.
(a) Constituents of a chemical
mixture present at less than 1 percent by weight of any chemical or compound regulated
under divisions 200 through 268 excluding divisions 248 and 262 of this chapter,
or less than 0.1 percent by weight of any carcinogen listed in the U.S. Department
of Health and Human Service's Annual Report on Carcinogens when usage of the chemical
mixture is less than 100,000 pounds/year;
(b) Evaporative and tailpipe
emissions from on-site motor vehicle operation;
(c) Distillate oil, kerosene,
gasoline, natural gas or propane burning equipment, provided the aggregate expected
actual emissions of the equipment identified as categorically insignificant do not
exceed the de minimis level for any regulated pollutant, based on the expected maximum
annual operation of the equipment. If a source’s expected emissions from all
such equipment exceed the de minimis levels, then the source may identify a subgroup
of such equipment as categorically insignificant with the remainder not categorically
insignificant. The following equipment may never be included as categorically insignificant:
(A) Any individual distillate
oil, kerosene or gasoline burning equipment with a rating greater than 0.4 million
Btu/hour;
(B) Any individual natural
gas or propane burning equipment with a rating greater than 2.0 million Btu/hour.
(d) Distillate oil, kerosene,
gasoline, natural gas or propane burning equipment brought on site for six months
or less for maintenance, construction or similar purposes, such as but not limited
to generators, pumps, hot water pressure washers and space heaters, provided that
any such equipment that performs the same function as the permanent equipment, must
be operated within the source's existing PSEL;
(e) Office activities;
(f) Food service activities;
(g) Janitorial activities;
(h) Personal care activities;
(i) Groundskeeping activities
including, but not limited to building painting and road and parking lot maintenance;
(j) On-site laundry activities;
(k) On-site recreation facilities;
(l) Instrument calibration;
(m) Maintenance and repair
shop;
(n) Automotive repair shops
or storage garages;
(o) Air cooling or ventilating
equipment not designed to remove air contaminants generated by or released from
associated equipment;
(p) Refrigeration systems
with less than 50 pounds of charge of ozone depleting substances regulated under
Title VI, including pressure tanks used in refrigeration systems but excluding any
combustion equipment associated with such systems;
(q) Bench scale laboratory
equipment and laboratory equipment used exclusively for chemical and physical analysis,
including associated vacuum producing devices but excluding research and development
facilities;
(r) Temporary construction
activities;
(s) Warehouse activities;
(t) Accidental fires;
(u) Air vents from air compressors;
(v) Air purification systems;
(w) Continuous emissions
monitoring vent lines;
(x) Demineralized water tanks;
(y) Pre-treatment of municipal
water, including use of deionized water purification systems;
(z) Electrical charging stations;
(aa) Fire brigade training;
(bb) Instrument air dryers
and distribution;
(cc) Process raw water filtration
systems;
(dd) Pharmaceutical packaging;
(ee) Fire suppression;
(ff) Blueprint making;
(gg) Routine maintenance,
repair, and replacement such as anticipated activities most often associated with
and performed during regularly scheduled equipment outages to maintain a plant and
its equipment in good operating condition, including but not limited to steam cleaning,
abrasive use, and woodworking;
(hh) Electric motors;
(ii) Storage tanks, reservoirs,
transfer and lubricating equipment used for ASTM grade distillate or residual fuels,
lubricants, and hydraulic fluids;
(jj) On-site storage tanks
not subject to any New Source Performance Standards (NSPS), including underground
storage tanks (UST), storing gasoline or diesel used exclusively for fueling of
the facility's fleet of vehicles;
(kk) Natural gas, propane,
and liquefied petroleum gas (LPG) storage tanks and transfer equipment;
(ll) Pressurized tanks containing
gaseous compounds;
(mm) Vacuum sheet stacker
vents;
(nn) Emissions from wastewater
discharges to publicly owned treatment works (POTW) provided the source is authorized
to discharge to the POTW, not including on-site wastewater treatment and/or holding
facilities;
(oo) Log ponds;
(pp) Stormwater settling
basins;
(qq) Fire suppression and
training;
(rr) Paved roads and paved
parking lots within an urban growth boundary;
(ss) Hazardous air pollutant
emissions in fugitive dust from paved and unpaved roads except for those sources
that have processes or activities that contribute to the deposition and entrainment
of hazardous air pollutants from surface soils;
(tt) Health, safety, and
emergency response activities;
(uu) Emergency generators
and pumps used only during loss of primary equipment or utility service due to circumstances
beyond the reasonable control of the owner or operator, or to address a power emergency,
provided that the aggregate horsepower rating of all stationary emergency generator
and pump engines is not more than 3,000 horsepower. If the aggregate horsepower
rating of all stationary emergency generator and pump engines is more than 3,000
horsepower, then no emergency generators and pumps at the source may be considered
categorically insignificant;
(vv) Non-contact steam vents
and leaks and safety and relief valves for boiler steam distribution systems;
(ww) Non-contact steam condensate
flash tanks;
(xx) Non-contact steam vents
on condensate receivers, deaerators and similar equipment;
(yy) Boiler blowdown tanks;
(zz) Industrial cooling towers
that do not use chromium-based water treatment chemicals;
(aaa) Ash piles maintained
in a wetted condition and associated handling systems and activities;
(bbb) Uncontrolled oil/water
separators in effluent treatment systems, excluding systems with a throughput of
more than 400,000 gallons per year of effluent located at the following sources:
(A) Petroleum refineries;
(B) Sources that perform
petroleum refining and re-refining of lubricating oils and greases including asphalt
production by distillation and the reprocessing of oils and/or solvents for fuels;
or
(C) Bulk gasoline plants,
bulk gasoline terminals, and pipeline facilities;
(ccc) Combustion source flame
safety purging on startup;
(ddd) Broke beaters, pulp
and repulping tanks, stock chests and pulp handling equipment, excluding thickening
equipment and repulpers;
(eee) Stock cleaning and
pressurized pulp washing, excluding open stock washing systems; and
(fff) White water storage
tanks.
(24) "Certifying individual"
means the responsible person or official authorized by the owner or operator of
a source who certifies the accuracy of the emission statement.
(25) "Class I area" or “PSD
Class I area” means any Federal, State or Indian reservation land which is
classified or reclassified as a Class I area under OAR 340-204-0050 and 340-204-0060.
(26) “Class II area”
or “PSD Class II area’ means any land which is classified or reclassified
as a Class II area under OAR 340-204-0050 and 340-204-0060.
(27) “Class III area”
or “PSD Class III area’ means any land which is reclassified as a Class
III area under OAR 340-204-0060.
(28) "Commence" or "commencement"
means that the owner or operator has obtained all necessary preconstruction approvals
required by the FCAA and either has:
(a) Begun, or caused to begin,
a continuous program of actual on-site construction of the source to be completed
in a reasonable time; or
(b) Entered into binding
agreements or contractual obligations, which cannot be canceled or modified without
substantial loss to the owner or operator, to undertake a program of construction
of the source to be completed in a reasonable time.
(29) "Commission" or "EQC"
means Environmental Quality Commission.
(30) "Constant process rate"
means the average variation in process rate for the calendar year is not greater
than plus or minus ten percent of the average process rate.
(31) "Construction":
(a) Except as provided in
subsection (b) means any physical change including, but not limited to, fabrication,
erection, installation, demolition, or modification of a source or part of a source;
(b) As used in OAR 340 division
224 means any physical change including, but not limited to, fabrication, erection,
installation, demolition, or modification of an emissions unit, or change in the
method of operation of a source which would result in a change in actual emissions.
(32) "Continuous compliance
determination method" means a method, specified by the applicable standard or an
applicable permit condition, which:
(a) Is used to determine
compliance with an emission limitation or standard on a continuous basis, consistent
with the averaging period established for the emission limitation or standard; and
(b) Provides data either
in units of the standard or correlated directly with the compliance limit.
(33) "Continuous monitoring
systems" means sampling and analysis, in a timed sequence, using techniques which
will adequately reflect actual emissions or concentrations on a continuing basis
as specified in the DEQ Continuous Monitoring Manual, and includes continuous emission
monitoring systems, continuous opacity monitoring system (COMS) and continuous parameter
monitoring systems.
(34) “Control device”
means equipment, other than inherent process equipment that is used to destroy or
remove a regulated pollutant prior to discharge to the atmosphere. The types of
equipment that may commonly be used as control devices include, but are not limited
to, fabric filters, mechanical collectors, electrostatic precipitators, inertial
separators, afterburners, thermal or catalytic incinerators, adsorption devices,
such as carbon beds, condensers, scrubbers, such as wet collection and gas absorption
devices, selective catalytic or non-catalytic reduction systems, flue gas recirculation
systems, spray dryers, spray towers, mist eliminators, acid plants, sulfur recovery
plants, injection systems, such as water, steam, ammonia, sorbent or limestone injection,
and combustion devices independent of the particular process being conducted at
an emissions unit, e.g., the destruction of emissions achieved by venting process
emission streams to flares, boilers or process heaters. For purposes of OAR 340-212-0200
through 340-212-0280, a control device does not include passive control measures
that act to prevent regulated pollutants from forming, such as the use of seals,
lids, or roofs to prevent the release of regulated pollutants, use of low-polluting
fuel or feedstocks, or the use of combustion or other process design features or
characteristics. If an applicable requirement establishes that particular equipment
which otherwise meets this definition of a control device does not constitute a
control device as applied to a particular regulated pollutant-specific emissions
unit, then that definition will be binding for purposes of OAR 340-212-0200 through
340-212-0280.
(35) “Control efficiency”
means the product of the capture and removal efficiencies.
(36) "Criteria pollutant"
means any of the following regulated pollutants: nitrogen oxides, volatile organic
compounds, particulate matter, PM10, PM2.5, sulfur dioxide, carbon monoxide, and
lead.
(37) "Data" means the results
of any type of monitoring or method, including the results of instrumental or non-instrumental
monitoring, emission calculations, manual sampling procedures, recordkeeping procedures,
or any other form of information collection procedure used in connection with any
type of monitoring or method.
(38) “Day” means
a 24-hour period beginning at 12:00 a.m. midnight or a 24-hour period as specified
in a permit.
(39) "De minimis emission
level" means the level for the regulated pollutants listed below:
(a) Greenhouse Gases (CO2e)
= 2,756 tons per year.
(b) CO = 1 ton per year.
(c) NOx = 1 ton per year.
(d) SO2 = 1 ton per year.
(e) VOC = 1 ton per year.
(f) PM = 1 ton per year.
(g) PM10 (except Medford
AQMA) = 1 ton per year.
(h) PM10 (Medford AQMA) =
0.5 ton per year and 5.0 pounds/day.
(i) Direct PM2.5 = 1 ton
per year.
(j) Lead = 0.1 ton per year.
(k) Fluorides = 0.3 ton per
year.
(l) Sulfuric Acid Mist =
0.7 ton per year.
(m) Hydrogen Sulfide = 1
ton per year.
(n) Total Reduced Sulfur
(including hydrogen sulfide) = 1 ton per year.
(o) Reduced Sulfur = 1 ton
per year.
(p) Municipal waste combustor
organics (dioxin and furans) = 0.0000005 ton per year.
(q) Municipal waste combustor
metals = 1 ton per year.
(r) Municipal waste combustor
acid gases = 1 ton per year.
(s) Municipal solid waste
landfill gases (measured as nonmethane organic compounds) = 1 ton per year
(t) Single HAP = 1 ton per
year
(u) Combined HAP (aggregate)
= 1 ton per year
(40) "Department" or “DEQ”:
(a) Means Department of Environmental
Quality; except
(b) As used in OAR 340 divisions
218 and 220 means Department of Environmental Quality, or in the case of Lane County,
LRAPA.
(41) “DEQ method [#]”
means the sampling method and protocols for measuring a regulated pollutant as described
in the DEQ Source Sampling Manual.
(42) “Designated area”
means an area that has been designated as an attainment, unclassified, sustainment,
nonattainment, reattainment, or maintenance area under OAR 340 division 204 or applicable
provisions of the FCAA.
(43) “Destruction efficiency”
means removal efficiency.
(44) "Device" means any machine,
equipment, raw material, product, or byproduct at a source that produces or emits
a regulated pollutant.
(45) "Direct PM2.5" has the
meaning provided in the definition of PM2.5.
(46) "Director" means the
Director of DEQ or the Director's designee.
(47) "Draft permit" means
the version of an Oregon Title V Operating Permit for which DEQ or LRAPA offers
public participation under OAR 340-218-0210 or the EPA and affected State review
under 340-218-0230.
(48) "Dry standard cubic
foot" means the amount of gas that would occupy a volume of one cubic foot, if the
gas were free of uncombined water at standard conditions.
(49) "Effective date of the
program" means the date that the EPA approves the Oregon Title V Operating Permit
program submitted by DEQ on a full or interim basis. In case of a partial approval,
the "effective date of the program" for each portion of the program is the date
of the EPA approval of that portion.
(50) "Emergency" means any
situation arising from sudden and reasonably unforeseeable events beyond the control
of the owner or operator, including acts of God, which situation requires immediate
corrective action to restore normal operation, and that causes the source to exceed
a technology-based emission limitation under the permit, due to unavoidable increases
in emissions attributable to the emergency. An emergency does not include noncompliance
to the extent caused by improperly designed equipment, lack of preventative maintenance,
careless or improper operation, or operator error.
(51) "Emission" means a release
into the atmosphere of any regulated pollutant or any air contaminant.
(52) "Emission estimate adjustment
factor" or "EEAF" means an adjustment applied to an emission factor to account for
the relative inaccuracy of the emission factor.
(53) "Emission factor" means
an estimate of the rate at which a regulated pollutant is released into the atmosphere,
as the result of some activity, divided by the rate of that activity (e.g., production
or process rate).
(54) "Emission limitation"
or "Emission standard" or “Emission limitation or standard” means:
(a) Except as provided in
subsection (b), a requirement established by a state, local government, or the EPA
which limits the quantity, rate, or concentration of emissions of regulated pollutants
on a continuous basis, including any requirements which limit the level of opacity,
prescribe equipment, set fuel specifications, or prescribe operation or maintenance
procedures for a source to assure continuous emission reduction.
(b) As used in OAR 340-212-0200
through 340-212-0280, any applicable requirement that constitutes an emission limitation,
emission standard, standard of performance or means of emission limitation as defined
under the FCAA. An emission limitation or standard may be expressed in terms of
the pollutant, expressed either as a specific quantity, rate or concentration of
emissions, e.g., pounds of SO2 per hour, pounds of SO2 per million British thermal
units of fuel input, kilograms of VOC per liter of applied coating solids, or parts
per million by volume of SO2, or as the relationship of uncontrolled to controlled
emissions, e.g., percentage capture and destruction efficiency of VOC or percentage
reduction of SO2. An emission limitation or standard may also be expressed either
as a work practice, process or control device parameter, or other form of specific
design, equipment, operational, or operation and maintenance requirement. For purposes
of 340-212-0200 through 340-212-0280, an emission limitation or standard does not
include general operation requirements that an owner or operator may be required
to meet, such as requirements to obtain a permit, operate and maintain sources using
good air pollution control practices, develop and maintain a malfunction abatement
plan, keep records, submit reports, or conduct monitoring.
(55) "Emission Reduction
credit banking" means to presently reserve, subject to requirements of OAR 340 division
268, Emission Reduction Credits, emission reductions for use by the reserver or
assignee for future compliance with air pollution reduction requirements.
(56) "Emission reporting
form" means a paper or electronic form developed by DEQ that must be completed by
the permittee to report calculated emissions, actual emissions, or permitted emissions
for interim emission fee assessment purposes.
(57) "Emissions unit" means
any part or activity of a source that emits or has the potential to emit any regulated
pollutant.
(a) A part of a source is
any machine, equipment, raw material, product, or byproduct that produces or emits
regulated pollutants. An activity is any process, operation, action, or reaction,
e.g., chemical, at a stationary source that emits regulated pollutants. Except as
described in subsection (d), parts and activities may be grouped for purposes of
defining an emissions unit if the following conditions are met:
(A) The group used to define
the emissions unit may not include discrete parts or activities to which a distinct
emissions standard applies or for which different compliance demonstration requirements
apply; and
(B) The emissions from the
emissions unit are quantifiable.
(b) Emissions units may be
defined on a regulated pollutant by regulated pollutant basis where applicable.
(c) The term emissions unit
is not meant to alter or affect the definition of the term "unit" under Title IV
of the FCAA.
(d) Parts and activities
cannot be grouped for determining emissions increases from an emissions unit under
OAR 340 divisions 210 and 224, or for determining the applicability of any New Source
Performance Standard.
(58) "EPA" or "Administrator"
means the Administrator of the United States Environmental Protection Agency or
the Administrator's designee.
(59) "EPA Method 9" means
the method for Visual Determination of the Opacity of Emissions From Stationary
Sources described in 40 CFR part 60, Appendix A–4.
(60) "Equivalent method"
means any method of sampling and analyzing for a regulated pollutant that has been
demonstrated to DEQ's satisfaction to have a consistent and quantitatively known
relationship to the reference method, under specified conditions. An equivalent
method used to meet an applicable federal requirement for which a reference method
is specified must be approved by EPA unless EPA has delegated authority for the
approval to DEQ.
(61) "Event" means excess
emissions that arise from the same condition and occur during a single calendar
day or continue into subsequent calendar days.
(62) "Exceedance" means a
condition that is detected by monitoring that provides data in terms of an emission
limitation or standard and that indicates that emissions, or opacity, are greater
than the applicable emission limitation or standard, or less than the applicable
standard in the case of a percent reduction requirement, consistent with any averaging
period specified for averaging the results of the monitoring.
(63) "Excess emissions" means
emissions in excess of a permit limit or any applicable air quality rule.
(64) "Excursion" means a
departure from an indicator range established for monitoring under OAR 340-212-0200
through 340-212-0280 and 340-218-0050(3)(a), consistent with any averaging period
specified for averaging the results of the monitoring.
(65) "Federal Land Manager"
means with respect to any lands in the United States, the Secretary of the federal
department with authority over such lands.
(66) "Federal Major Source"
means any source listed in subsections (a) or (d) below:
(a) A source with potential
to emit:
(A) 100 tons per year or
more of any individual regulated pollutant, excluding greenhouse gases and hazardous
air pollutants listed in OAR 340 division 244 if in a source category listed in
subsection (c), or
(B) 250 tons per year or
more of any individual regulated pollutant, excluding greenhouse gases and hazardous
air pollutants listed in OAR 340 division 244, if not in a source category listed
in subsection (c).
(b) Calculations for determining
a source’s potential to emit for purposes of subsections (a) and (d) must
include the following:
(A) Fugitive emissions and
insignificant activity emissions; and
(B) Increases or decreases
due to a new or modified source.
(c) Source categories:
(A) Fossil fuel-fired steam
electric plants of more than 250 million BTU/hour heat input;
(B) Coal cleaning plants
with thermal dryers;
(C) Kraft pulp mills;
(D) Portland cement plants;
(E) Primary zinc smelters;
(F) Iron and steel mill plants;
(G) Primary aluminum ore
reduction plants;
(H) Primary copper smelters;
(I) Municipal incinerators
capable of charging more than 50 tons of refuse per day;
(J) Hydrofluoric acid plants;
(K) Sulfuric acid plants;
(L) Nitric acid plants;
(M) Petroleum refineries;
(N) Lime plants;
(O) Phosphate rock processing
plants;
(P) Coke oven batteries;
(Q) Sulfur recovery plants;
(R) Carbon black plants,
furnace process;
(S) Primary lead smelters;
(T) Fuel conversion plants;
(U) Sintering plants;
(V) Secondary metal production
plants;
(W) Chemical process plants,
excluding ethanol production facilities that produce ethanol by natural fermentation
included in NAICS codes 325193 or 312140;
(X) Fossil fuel fired boilers,
or combinations thereof, totaling more than 250 million BTU per hour heat input;
(Y) Petroleum storage and
transfer units with a total storage capacity exceeding 300,000 barrels;
(Z) Taconite ore processing
plants;
(AA) Glass fiber processing
plants;
(BB) Charcoal production
plants.
(d) A major stationary source
as defined in part D of Title I of the FCAA, including:
(A) For ozone nonattainment
areas, sources with the potential to emit 100 tons per year or more of VOCs or oxides
of nitrogen in areas classified as "marginal" or "moderate," 50 tons per year or
more in areas classified as "serious," 25 tons per year or more in areas classified
as "severe," and 10 tons per year or more in areas classified as "extreme"; except
that the references in this paragraph to 100, 50, 25, and 10 tons per year of nitrogen
oxides do not apply with respect to any source for which the Administrator has made
a finding, under section 182(f)(1) or (2) of the FCAA, that requirements under section
182(f) of the FCAA do not apply;
(B) For ozone transport regions
established pursuant to section 184 of the FCAA, sources with the potential to emit
50 tons per year or more of VOCs;
(C) For carbon monoxide nonattainment
areas that are classified as "serious" and in which stationary sources contribute
significantly to carbon monoxide levels as determined under rules issued by the
Administrator, sources with the potential to emit 50 tons per year or more of carbon
monoxide.
(D) For PM10 nonattainment
areas classified as "serious," sources with the potential to emit 70 tons per year
or more of PM10.
(67) "Final permit" means
the version of an Oregon Title V Operating Permit issued by DEQ or LRAPA that has
completed all review procedures required by OAR 340-218-0120 through 340-218-0240.
(68) "Form" means a paper
or electronic form developed by DEQ.
(69) “Fuel burning
equipment” means equipment, other than internal combustion engines, the principal
purpose of which is to produce heat or power by indirect heat transfer.
(70) "Fugitive emissions":
(a) Except as used in subsection
(b), means emissions of any air contaminant which escape to the atmosphere from
any point or area that is not identifiable as a stack, vent, duct, or equivalent
opening.
(b) As used to define a major
Oregon Title V Operating Permit program source, means those emissions which could
not reasonably pass through a stack, chimney, vent, or other functionally equivalent
opening.
(71) "General permit":
(a) Except as provided in
subsection (b), means an Oregon Air Contaminant Discharge Permit established under
OAR 340-216-0060;
(b) As used in OAR 340 division
218 means an Oregon Title V Operating Permit established under OAR 340-218-0090.
(72) "Generic PSEL" means
the levels for the regulated pollutants listed below:
(a) Greenhouse Gases (CO2e)
= 74,000 tons per year
(b) CO = 99 tons per year
(c) NOx = 39 tons per year
(d) SO2 = 39 tons per year
(e) VOC = 39 tons per year
(f) PM = 24 tons per year
(g) PM10 (except Medford
AQMA) = 14 tons per year
(h) PM10 (Medford AQMA) =
4.5 tons per year and 49 pounds per day
(i) PM2.5 = 9 tons per year
(j) Lead = 0.5 tons per year
(k) Fluorides = 2 tons per
year
(l) Sulfuric Acid Mist =
6 tons per year
(m) Hydrogen Sulfide = 9
tons per year
(n) Total Reduced Sulfur
(including hydrogen sulfide) = 9 tons per year
(o) Reduced Sulfur = 9 tons
per year
(p) Municipal waste combustor
organics (Dioxin and furans) = 0.0000030 tons per year
(q) Municipal waste combustor
metals = 14 tons per year
(r) Municipal waste combustor
acid gases = 39 tons per year
(s) Municipal solid waste
landfill gases (measured as nonmethane organic compounds) = 49 tons per year
(t) Single HAP = 9 tons per
year
(u) Combined HAPs (aggregate)
= 24 tons per year
(73)(a) "Greenhouse gases"
or "GHGs" means the aggregate group of the following six gases: carbon dioxide,
nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
Each gas is also individually a greenhouse gas.
(b) The definition of greenhouse
gases in subsection (a) of this section does not include, for purposes of division
216, 218, and 224, carbon dioxide emissions from the combustion or decomposition
of biomass except to the extent required by federal law.
(74) "Growth allowance" means
an allocation of some part of an airshed's capacity to accommodate future proposed
sources and modifications of sources.
(75) "Hardboard" means a
flat panel made from wood that has been reduced to basic wood fibers and bonded
by adhesive properties under pressure.
(76) “Hazardous Air
Pollutant” or “HAP” means an air contaminant listed by the EPA
pursuant to section 112(b) of the FCAA or determined by the EQC to cause, or reasonably
be anticipated to cause, adverse effects to human health or the environment.
(77) "Immediately" means
as soon as possible but in no case more than one hour after a source knew or should
have known of an excess emission period.
(78) "Indian governing body"
means the governing body of any tribe, band, or group of Indians subject to the
jurisdiction of the United States and recognized by the United States as possessing
power of self-government.
(79) "Indian reservation"
means any federally recognized reservation established by Treaty, Agreement, Executive
Order, or Act of Congress.
(80) "Inherent process equipment"
means equipment that is necessary for the proper or safe functioning of the process,
or material recovery equipment that the owner or operator documents is installed
and operated primarily for purposes other than compliance with air pollution regulations.
Equipment that must be operated at an efficiency higher than that achieved during
normal process operations in order to comply with the applicable emission limitation
or standard is not inherent process equipment. For the purposes of OAR 340-212-0200
through 340-212-0280, inherent process equipment is not considered a control device.
(81) "Insignificant activity"
means an activity or emission that DEQ has designated as categorically insignificant,
or that meets the criteria of aggregate insignificant emissions.
(82) "Insignificant change"
means an off-permit change defined under OAR 340-218-0140(2)(a) to either a significant
or an insignificant activity which:
(a) Does not result in a
re-designation from an insignificant to a significant activity;
(b) Does not invoke an applicable
requirement not included in the permit; and
(c) Does not result in emission
of regulated pollutants not regulated by the source's permit.
(83) “Internal combustion
engine” means stationary gas turbines and reciprocating internal combustion
engines.
(84) "Late payment" means
a fee payment which is postmarked after the due date.
(85) "Liquefied petroleum
gas" has the meaning given by the American Society for Testing and Materials in
ASTM D1835-82, "Standard Specification for Liquid Petroleum Gases."
(86) "Lowest Achievable Emission
Rate" or "LAER" means that rate of emissions which reflects: the most stringent
emission limitation which is contained in the implementation plan of any state for
such class or category of source, unless the owner or operator of the proposed source
demonstrates that such limitations are not achievable; or the most stringent emission
limitation which is achieved in practice by such class or category of source, whichever
is more stringent. The application of this term cannot permit a proposed new or
modified source to emit any air contaminant in excess of the amount allowable under
applicable New Source Performance Standards (NSPS) or standards for hazardous air
pollutants.
(87) "Maintenance area" means
any area that was formerly nonattainment for a criteria pollutant but has since
met the ambient air quality standard, and EPA has approved a maintenance plan to
comply with the standards pursuant to 40 CFR 51.110. Maintenance areas are designated
by the EQC according to division 204.
(88) "Maintenance pollutant"
means a regulated pollutant for which a maintenance area was formerly designated
a nonattainment area.
(89) "Major Modification"
means any physical change or change in the method of operation of a source that
results in satisfying the requirements of OAR 340-224-0025.
(90) “Major New Source
Review” or “Major NSR” means the new source review process and
requirements under OAR 340-224-0010 through 340-224-0070 and 340-224-0500 through
340-224-0540 based on the location and regulated pollutants emitted.
(91) "Major source":
(a) Except as provided in
subsection (b) of this section, means a source that emits, or has the potential
to emit, any regulated air pollutant at a Significant Emission Rate. The fugitive
emissions and insignificant activity emissions of a stationary source are considered
in determining whether it is a major source. Potential to emit calculations must
include emission increases due to a new or modified source and may include emission
decreases.
(b) As used in OAR 340 division
210, Stationary Source Notification Requirements, OAR 340 division 218, Oregon Title
V Operating Permits, OAR 340 division 220, Oregon Title V Operating Permit Fees,
340-216-0066, Standard ACDPs, and OAR 340 division 236, Emission Standards for Specific
Industries, means any stationary source or any group of stationary sources that
are located on one or more contiguous or adjacent properties and are under common
control of the same person or persons under common control belonging to a single
major industrial grouping or supporting the major industrial group and that is described
in paragraphs (A), (B), or (C). For the purposes of this subsection, a stationary
source or group of stationary sources is considered part of a single industrial
grouping if all of the regulated pollutant emitting activities at such source or
group of sources on contiguous or adjacent properties belong to the same major group
(i.e., all have the same two-digit code) as described in the Standard Industrial
Classification Manual (U.S. Office of Management and Budget, 1987) or support the
major industrial group.
(A) A major source of hazardous
air pollutants, which means:
(i) For hazardous air pollutants
other than radionuclides, any stationary source or group of stationary sources located
within a contiguous area and under common control that emits or has the potential
to emit, in the aggregate, 10 tons per year or more of any hazardous air pollutants
that has been listed pursuant to OAR 340-244-0040; 25 tons per year or more of any
combination of such hazardous air pollutants, or such lesser quantity as the Administrator
may establish by rule. Emissions from any oil or gas exploration or production well,
along with its associated equipment, and emissions from any pipeline compressor
or pump station will not be aggregated with emissions from other similar units,
whether or not such units are in a contiguous area or under common control, to determine
whether such units or stations are major sources; or
(ii) For radionuclides, "major
source" will have the meaning specified by the Administrator by rule.
(B) A major stationary source
of regulated pollutants, as defined in section 302 of the FCAA, that directly emits
or has the potential to emit 100 tons per year or more of any regulated pollutant,
except greenhouse gases, including any major source of fugitive emissions of any
such regulated pollutant. The fugitive emissions of a stationary source are not
considered in determining whether it is a major stationary source for the purposes
of section 302(j) of the FCAA, unless the source belongs to one of the following
categories of stationary sources:
(i) Coal cleaning plants
(with thermal dryers);
(ii) Kraft pulp mills;
(iii) Portland cement plants;
(iv) Primary zinc smelters;
(v) Iron and steel mills;
(vi) Primary aluminum ore
reduction plants;
(vii) Primary copper smelters;
(viii) Municipal incinerators
capable of charging more than 50 tons of refuse per day;
(ix) Hydrofluoric, sulfuric,
or nitric acid plants;
(x) Petroleum refineries;
(xi) Lime plants;
(xii) Phosphate rock processing
plants;
(xiii) Coke oven batteries;
(xiv) Sulfur recovery plants;
(xv) Carbon black plants
(furnace process);
(xvi) Primary lead smelters;
(xvii) Fuel conversion plants;
(xviii) Sintering plants;
(xix) Secondary metal production
plants;
(xx) Chemical process plants,
excluding ethanol production facilities that produce ethanol by natural fermentation
included in NAICS codes 325193 or 312140;
(xxi) Fossil-fuel boilers,
or combination thereof, totaling more than 250 million British thermal units per
hour heat input;
(xxii) Petroleum storage
and transfer units with a total storage capacity exceeding 300,000 barrels;
(xxiii) Taconite ore processing
plants;
(xxiv) Glass fiber processing
plants;
(xxv) Charcoal production
plants;
(xxvi) Fossil-fuel-fired
steam electric plants of more than 250 million British thermal units per hour heat
input; or
(xxvii) Any other stationary
source category, that as of August 7, 1980 is being regulated under section 111
or 112 of the FCAA.
(C) From July 1, 2011 through
November 6, 2014, a major stationary source of regulated pollutants, as defined
by Section 302 of the FCAA, that directly emits or has the potential to emit 100
tons per year or more of greenhouse gases and directly emits or has the potential
to emit 100,000 tons per year or more CO2e, including fugitive emissions.
(92) "Material balance" means
a procedure for determining emissions based on the difference in the amount of material
added to a process and the amount consumed and/or recovered from a process.
(93) "Modification," except
as used in the terms "major modification" “permit modification” and
“Title I modification,” means any physical change to, or change in the
method of operation of, a source or part of a source that results in an increase
in the source or part of the source's potential to emit any regulated pollutant
on an hourly basis. Modifications do not include the following:
(a) Increases in hours of
operation or production rates that do not involve a physical change or change in
the method of operation;
(b) Changes in the method
of operation due to using an alternative fuel or raw material that the source or
part of a source was physically capable of accommodating during the baseline period;
and
(c) Routine maintenance,
repair and like-for-like replacement of components unless they increase the expected
life of the source or part of a source by using component upgrades that would not
otherwise be necessary for the source or part of a source to function.
(94) "Monitoring" means any
form of collecting data on a routine basis to determine or otherwise assess compliance
with emission limitations or standards. Monitoring may include record keeping if
the records are used to determine or assess compliance with an emission limitation
or standard such as records of raw material content and usage, or records documenting
compliance with work practice requirements. Monitoring may include conducting compliance
method tests, such as the procedures in appendix A to 40 CFR part 60, on a routine
periodic basis. Requirements to conduct such tests on a one-time basis, or at such
times as a regulatory authority may require on a non-regular basis, are not considered
monitoring requirements for purposes of this definition. Monitoring may include
one or more than one of the following data collection techniques as appropriate
for a particular circumstance:
(a) Continuous emission or
opacity monitoring systems.
(b) Continuous process, capture
system, control device or other relevant parameter monitoring systems or procedures,
including a predictive emission monitoring system.
(c) Emission estimation and
calculation procedures (e.g., mass balance or stoichiometric calculations).
(d) Maintaining and analyzing
records of fuel or raw materials usage.
(e) Recording results of
a program or protocol to conduct specific operation and maintenance procedures.
(f) Verifying emissions,
process parameters, capture system parameters, or control device parameters using
portable or in situ measurement devices.
(g) Visible emission observations
and recording.
(h) Any other form of measuring,
recording, or verifying on a routine basis emissions, process parameters, capture
system parameters, control device parameters or other factors relevant to assessing
compliance with emission limitations or standards.
(95) "Natural gas" means
a naturally occurring mixture of hydrocarbon and nonhydrocarbon gases found in geologic
formations beneath the earth's surface, of which the principal component is methane.
(96) "Netting basis" means
an emission rate determined as specified in OAR 340-222-0046.
(97) "Nitrogen oxides" or
"NOx" means all oxides of nitrogen except nitrous oxide.
(98) "Nonattainment area"
means a geographical area of the state, as designated by the EQC or the EPA, that
exceeds any state or federal primary or secondary ambient air quality standard.
Nonattainment areas are designated by the EQC according to division 204.
(99) "Nonattainment pollutant"
means a regulated pollutant for which an area is designated a nonattainment area.
Nonattainment areas are designated by the EQC according to division 204.
(100) "Normal source operation"
means operation that does not include such conditions as forced fuel substitution,
equipment malfunction, or highly abnormal market conditions.
(101) "Odor" means that property
of an air contaminant that affects the sense of smell.
(102) "Offset" means an equivalent
or greater emission reduction that is required before allowing an emission increase
from a source that is subject to Major NSR or State NSR.
(103) "Opacity" means the
degree to which emissions, excluding uncombined water, reduce the transmission of
light and obscure the view of an object in the background as measured by EPA Method
9 or other method, as specified in each applicable rule.
(104) "Oregon Title V operating
permit" or “Title V permit” means written authorization issued, renewed,
amended, or revised pursuant to OAR 340 division 218.
(105) "Oregon Title V operating
permit program" or “Title V program” means the Oregon program described
in OAR 340 division 218 and approved by the Administrator under 40 CFR part 70.
(106) "Oregon Title V operating
permit program source" or “Title V source” means any source subject
to the permitting requirements, OAR 340 division 218.
(107) "Ozone precursor" means
nitrogen oxides and volatile organic compounds.
(108) "Ozone season" means
the contiguous 3 month period during which ozone exceedances typically occur, i.e.,
June, July, and August.
(109) "Particleboard" means
matformed flat panels consisting of wood particles bonded together with synthetic
resin or other suitable binder.
(110) "Particulate matter"
means all finely divided solid or liquid material, other than uncombined water,
emitted to the ambient air as measured by the test method specified in each applicable
rule, or where not specified by rule, in the permit.
(111) "Permit" means an Air
Contaminant Discharge Permit or an Oregon Title V Operating Permit.
(112) "Permit modification"
means a permit revision that meets the applicable requirements of OAR 340 division
216, OAR 340 division 224, or OAR 340-218-0160 through 340-218-0180.
(113) "Permit revision" means
any permit modification or administrative permit amendment.
(114) "Permitted emissions"
as used in OAR 340 division 220 means each regulated pollutant portion of the PSEL,
as identified in an ACDP, Oregon Title V Operating Permit, review report, or by
DEQ pursuant to OAR 340-220-0090.
(115) "Permittee" means the
owner or operator of a source, authorized to emit regulated pollutants under an
ACDP or Oregon Title V Operating Permit.
(116) "Person" means individuals,
corporations, associations, firms, partnerships, joint stock companies, public and
municipal corporations, political subdivisions, the State of Oregon and any agencies
thereof, and the federal government and any agencies thereof.
(117) "Plant Site Emission
Limit" or "PSEL" means the total mass emissions per unit time of an individual regulated
pollutant specified in a permit for a source. The PSEL for a major source may consist
of more than one permitted emission for purposes of Oregon Title V Operating Permit
Fees in OAR 340 division 220.
(118) “Plywood" means
a flat panel built generally of an odd number of thin sheets of veneers of wood
in which the grain direction of each ply or layer is at right angles to the one
adjacent to it.
(119) "PM10":
(a) When used in the context
of emissions, means finely divided solid or liquid material, including condensable
particulate, other than uncombined water, with an aerodynamic diameter less than
or equal to a nominal 10 micrometers, emitted to the ambient air as measured by
the test method specified in each applicable rule or, where not specified by rule,
in each individual permit;
(b) When used in the context
of ambient concentration, means airborne finely divided solid or liquid material
with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured
under 40 CFR part 50, Appendix J or an equivalent method designated under 40 CFR
part 53.
(120) "PM2.5":
(a) When used in the context
of direct PM2.5 emissions, means finely divided solid or liquid material, including
condensable particulate, other than uncombined water, with an aerodynamic diameter
less than or equal to a nominal 2.5 micrometers, emitted to the ambient air as measured
by the test method specified in each applicable rule or, where not specified by
rule, in each individual permit.
(b) When used in the context
of PM2.5 precursor emissions, means sulfur dioxide (SO2) and nitrogen oxides (NOx)
emitted to the ambient air as measured by the test method specified in each applicable
rule or, where not specified by rule, in each individual permit.
(c) When used in the context
of ambient concentration, means airborne finely divided solid or liquid material
with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers as
measured under 40 CFR part 50, Appendix L, or an equivalent method designated under
40 CFR part 53.
(121) "PM2.5 fraction" means
the fraction of PM2.5 in relation to PM10 for each emissions unit that is included
in the netting basis and PSEL.
(122) "Pollutant-specific
emissions unit" means an emissions unit considered separately with respect to each
regulated pollutant.
(123) “Portable”
means designed and capable of being carried or moved from one location to another.
Indicia of portability include, but are not limited to, wheels, skids, carrying
handles, dolly, trailer, or platform.
(124) "Potential to emit"
or "PTE" means the lesser of:
(a) The regulated pollutant
emissions capacity of a stationary source; or
(b) The maximum allowable
regulated pollutant emissions taking into consideration any physical or operational
limitation, including use of control devices and restrictions on hours of operation
or on the type or amount of material combusted, stored, or processed, if the limitation
is enforceable by the Administrator.
(c) This definition does
not alter or affect the use of this term for any other purposes under the FCAA or
the term "capacity factor" as used in Title IV of the FCAA and the regulations promulgated
thereunder. Secondary emissions are not considered in determining the potential
to emit.
(125) "ppm" means parts per
million by volume unless otherwise specified in the applicable rule or an individual
permit. It is a dimensionless unit of measurement for gases that expresses the ratio
of the volume of one component gas to the volume of the entire sample mixture of
gases.
(126) "Predictive emission
monitoring system” or “PEMS" means a system that uses process and other
parameters as inputs to a computer program or other data reduction system to produce
values in terms of the applicable emission limitation or standard.
(127) "Press/cooling vent"
means any opening through which particulate and gaseous emissions from plywood,
particleboard, or hardboard manufacturing are exhausted, either by natural draft
or powered fan, from the building housing the process. Such openings are generally
located immediately above the board press, board unloader, or board cooling area.
(128) "Process upset" means
a failure or malfunction of a production process or system to operate in a normal
and usual manner.
(129) "Proposed permit" means
the version of an Oregon Title V Operating Permit that DEQ or LRAPA proposes to
issue and forwards to the Administrator for review in compliance with OAR 340-218-0230.
(130) “Reattainment
area” means an area that is designated as nonattainment and has three consecutive
years of monitoring data that shows the area is meeting the ambient air quality
standard for the regulated pollutant for which the area was designated a nonattainment
area, but a formal redesignation by EPA has not yet been approved. Reattainment
areas are designated by the EQC according to division 204.
(131) “Reattainment
pollutant” means a regulated pollutant for which an area is designated a reattainment
area.
(132) "Reference method"
means any method of sampling and analyzing for a regulated pollutant as specified
in 40 CFR part 52, 60, 61 or 63.
(133) "Regional agency" means
Lane Regional Air Protection Agency.
(134) "Regulated air pollutant"
or "Regulated pollutant":
(a) Except as provided in
subsections (b) and (c), means:
(A) Nitrogen oxides or any
VOCs;
(B) Any pollutant for which
an ambient air quality standard has been promulgated, including any precursors to
such pollutants;
(C) Any pollutant that is
subject to any standard promulgated under section 111 of the FCAA;
(D) Any Class I or II substance
subject to a standard promulgated under or established by Title VI of the FCAA;
(E) Any pollutant listed
under OAR 340-244-0040 or 40 CFR 68.130; and
(F) Greenhouse gases.
(b) As used in OAR 340 division
220, Oregon Title V Operating Permit Fees, regulated pollutant means particulate
matter, volatile organic compounds, oxides of nitrogen and sulfur dioxide.
(c) As used in OAR 340 division
222, Plant Site Emission Limits and division 224, New Source Review, regulated pollutant
does not include any pollutant listed in OAR 340 divisions 244 and 246.
(135) “Removal efficiency”
means the performance of an air pollution control device in terms of the ratio of
the amount of the regulated pollutant removed from the airstream to the total amount
of regulated pollutant that enters the air pollution control device.
(136) "Renewal" means the
process by which a permit is reissued at the end of its term.
(137) "Responsible official"
means one of the following:
(a) For a corporation: a
president, secretary, treasurer, or vice-president of the corporation in charge
of a principal business function, or any other person who performs similar policy
or decision-making functions for the corporation, or a duly authorized representative
of such person if the representative is responsible for the overall operation of
one or more manufacturing, production, or operating facilities applying for or subject
to a permit and either:
(A) The facilities employ
more than 250 persons or have gross annual sales or expenditures exceeding $25 million
(in second quarter 1980 dollars); or
(B) The delegation of authority
to such representative is approved in advance by DEQ or LRAPA.
(b) For a partnership or
sole proprietorship: a general partner or the proprietor, respectively;
(c) For a municipality, State,
Federal, or other public agency: either a principal executive officer or ranking
elected official. For the purposes of this division, a principal executive officer
of a Federal agency includes the chief executive officer having responsibility for
the overall operations of a principal geographic unit of EPA (e.g., a Regional Administrator
of the EPA); or
(d) For affected sources:
(A) The designated representative
in so far as actions, standards, requirements, or prohibitions under Title IV of
the FCAA or the regulations promulgated there under are concerned; and
(B) The designated representative
for any other purposes under the Oregon Title V Operating Permit program.
(138) "Secondary emissions"
means emissions that are a result of the construction and/or operation of a source
or modification, but that do not come from the source itself. Secondary emissions
must be specific, well defined, quantifiable, and impact the same general area as
the source associated with the secondary emissions. Secondary emissions may include,
but are not limited to:
(a) Emissions from ships
and trains coming to or from a facility;
(b) Emissions from off-site
support facilities that would be constructed or would otherwise increase emissions
as a result of the construction or modification of a source.
(139) "Section 111" means
section 111 of the FCAA, 42 U.S.C. § 7411, which includes Standards of Performance
for New Stationary Sources (NSPS).
(140) "Section 111(d)" means
subsection 111(d) of the FCAA, 42 U.S.C. § 7411(d), which requires states to
submit to the EPA plans that establish standards of performance for existing sources
and provides for implementing and enforcing such standards.
(141) "Section 112" means
section 112 of the FCAA, 42 U.S.C. § 7412, which contains regulations for Hazardous
Air Pollutants.
(142) "Section 112(b)" means
subsection 112(b) of the FCAA, 42 U.S.C. § 7412(b), which includes the list
of hazardous air pollutants to be regulated.
(143) "Section 112(d)" means
subsection 112(d) of the FCAA, 42 U.S.C. § 7412(d), which directs the EPA to
establish emission standards for sources of hazardous air pollutants. This section
also defines the criteria to be used by the EPA when establishing the emission standards.
(144) "Section 112(e)" means
subsection 112(e) of the FCAA, 42 U.S.C. § 7412(e), which directs the EPA to
establish and promulgate emissions standards for categories and subcategories of
sources that emit hazardous air pollutants.
(145) "Section 112(r)(7)"
means subsection 112(r)(7) of the FCAA, 42 U.S.C. § 7412(r)(7), which requires
the EPA to promulgate regulations for the prevention of accidental releases and
requires owners or operators to prepare risk management plans.
(146) "Section 114(a)(3)"
means subsection 114(a)(3) of the FCAA, 42 U.S.C. § 7414(a)(3), which requires
enhanced monitoring and submission of compliance certifications for major sources.
(147) "Section 129" means
section 129 of the FCAA, 42 U.S.C. § 7429, which requires the EPA to establish
emission standards and other requirements for solid waste incineration units.
(148) "Section 129(e)" means
subsection 129(e) of the FCAA, 42 U.S.C. § 7429(e), which requires solid waste
incineration units to obtain Oregon Title V Operating Permits.
(149) "Section 182(f)" means
subsection 182(f) of the FCAA, 42 U.S.C. § 7511a(f), which requires states
to include plan provisions in the SIP for NOx in ozone nonattainment areas.
(150) "Section 182(f)(1)"
means subsection 182(f)(1) of the FCAA, 42 U.S.C. § 7511a(f)(1), which requires
states to apply those plan provisions developed for major VOC sources and major
NOx sources in ozone nonattainment areas.
(151) "Section 183(e)" means
subsection 183(e) of the FCAA, 42 U.S.C. § 7511b(e), which requires the EPA
to study and develop regulations for the control of certain VOC sources under federal
ozone measures.
(152) "Section 183(f)" means
subsection 183(f) of the FCAA, 42 U.S.C. § 7511b(f), which requires the EPA
to develop regulations pertaining to tank vessels under federal ozone measures.
(153) "Section 184" means
section 184 of the FCAA, 42 U.S.C. § 7511c, which contains regulations for
the control of interstate ozone air pollution.
(154) "Section 302" means
section 302 of the FCAA, 42 U.S.C. § 7602, which contains definitions for general
and administrative purposes in the FCAA.
(155) "Section 302(j)" means
subsection 302(j) of the FCAA, 42 U.S.C. § 7602(j), which contains definitions
of "major stationary source" and "major emitting facility."
(156) "Section 328" means
section 328 of the FCAA, 42 U.S.C. § 7627, which contains regulations for air
pollution from outer continental shelf activities.
(157) "Section 408(a)" means
subsection 408(a) of the FCAA, 42 U.S.C. § 7651g(a), which contains regulations
for the Title IV permit program.
(158) "Section 502(b)(10)
change" means a change which contravenes an express permit term but is not a change
that:
(a) Would violate applicable
requirements;
(b) Would contravene federally
enforceable permit terms and conditions that are monitoring, recordkeeping, reporting,
or compliance certification requirements; or
(c) Is a FCAA Title I modification.
(159) "Section 504(b)" means
subsection 504(b) of the FCAA, 42 U.S.C. § 7661c(b), which states that the
EPA can prescribe by rule procedures and methods for determining compliance and
for monitoring.
(160) "Section 504(e)" means
subsection 504(e) of the FCAA, 42 U.S.C. § 761c(e), which contains regulations
for permit requirements for temporary sources.
(161) "Significant emission
rate" or "SER," except as provided in subsections (v) and (w), means an emission
rate equal to or greater than the rates specified for the regulated pollutants below:
(a) Greenhouse gases (CO2e)
= 75,000 tons per year
(b) Carbon monoxide = 100
tons per year except in a serious nonattainment area = 50 tons per year, provided
DEQ has determined that stationary sources contribute significantly to carbon monoxide
levels in that area.
(c) Nitrogen oxides (NOX)
= 40 tons per year.
(d) Particulate matter =
25 tons per year.
(e) PM10 = 15 tons per year.
(f) Direct PM2.5 = 10 tons
per year.
(g) PM2.5 precursors (SO2
or NOx) = 40 tons per year.
(h) Sulfur dioxide (SO2)
= 40 tons per year.
(i) Ozone precursors (VOC
or NOx) = 40 tons per year except:
(I) In a serious or severe
ozone nonattainment area = 25 tons per year.
(II) In an extreme ozone
nonattainment area = any emissions increase.
(j) Lead = 0.6 tons per year.
(k) Fluorides = 3 tons per
year.
(l) Sulfuric acid mist =
7 tons per year.
(m) Hydrogen sulfide = 10
tons per year.
(n) Total reduced sulfur
(including hydrogen sulfide) = 10 tons per year.
(o) Reduced sulfur compounds
(including hydrogen sulfide) = 10 tons per year.
(p) Municipal waste combustor
organics (measured as total tetra- through octa- chlorinated dibenzo-p-dioxins and
dibenzofurans) = 0.0000035 tons per year.
(q) Municipal waste combustor
metals (measured as particulate matter) = 15 tons per year.
(r) Municipal waste combustor
acid gases (measured as sulfur dioxide and hydrogen chloride) = 40 tons per year.
(s) Municipal solid waste
landfill emissions (measured as nonmethane organic compounds) = 50 tons per year.
(t) Ozone depleting substances
in aggregate = 100 tons per year.
(u) For the Medford-Ashland
Air Quality Maintenance Area, the SER for PM10 is defined as 5 tons per year on
an annual basis and 50.0 pounds per day on a daily basis.
(v) For regulated pollutants
not listed in subsections (a) through (u), the SER is zero unless DEQ determines
the rate that constitutes a SER.
(w) Any new source or modification
with an emissions increase less than the rates specified above and that is located
within 10 kilometers of a Class I area, and would have an impact on such area equal
to or greater than 1 ug/m3 (24 hour average) is emitting at a SER. This subsection
does not apply to greenhouse gas emissions.
(162) "Significant impact"
means an additional ambient air quality concentration equal to or greater than the
significant impact level. For sources of VOC or NOx, a source has a significant
impact if it is located within the ozone impact distance defined in OAR 340 division
224.
(163) “Significant
impact level” or “SIL” means the ambient air quality concentrations
listed below. The threshold concentrations listed below are used for comparison
against the ambient air quality standards and PSD increments established under OAR
340 division 202, but do not apply for protecting air quality related values, including
visibility.
(a) For Class I areas:
(A) PM2.5:
(i) Annual = 0.06 μg/m3.
(ii) 24-hour = 0.07 μg/m3.
(B) PM10:
(i) Annual = 0.20 μg/m3.
(ii) 24-hour = 0.30 μg/m3.
(C) Sulfur dioxide:
(i) Annual = 0.10 μg/m3.
(ii) 24-hour = 0.20 μg/m3.
(iii) 3-hour = 1.0 μg/m3.
(D) Nitrogen dioxide: annual
= 0.10 μg/m3.
(b) For Class II areas:
(A) PM2.5:
(i) Annual = 0.3 μg/m3.
(ii) 24-hour = 1.2 μg/m3.
(B) PM10:
(i) Annual = 0.20 μg/m3.
(ii) 24-hour = 1.0 μg/m3.
(C) Sulfur dioxide:
(i) Annual = 1.0 μg/m3.
(ii) 24-hour = 5.0 μg/m3.
(iii) 3-hour =25.0 μg/m3.
(iv) 1-hour = 8.0 μg/m3.
(D) Nitrogen dioxide:   
(i) Annual =1.0 μg/m3.
(ii) 1-hour = 8.0 μg/m3.
(E) Carbon monoxide:
(i) 8-hour = 0.5 mg/m3.
(ii) 1-hour = 2.0 mg/m3.
(c) For Class III areas:
(A) PM2.5:
(i) Annual = 0.3 μg/m3.
(ii) 24-hour = 1.2 μg/m3.
(B) PM10:
(i) Annual = 0.20 μg/m3.
(ii) 24-hour = 1.0 μg/m3.
(C) Sulfur dioxide:
(i) Annual = 1.0 μg/m3.
(ii) 24-hour = 5.0 μg/m3.
(iii) 3-hour = 25.0 μg/m3.
(D) Nitrogen dioxide: annual
= 1.0 μg/m3
(E) Carbon monoxide:
(i) 8-hour = 0.5 mg/m3.
(ii) 1-hour = 2.0 mg/m3.
(164) "Significant impairment"
occurs when DEQ determines that visibility impairment interferes with the management,
protection, preservation, or enjoyment of the visual experience within a Class I
area. DEQ will make this determination on a case-by-case basis after considering
the recommendations of the Federal Land Manager and the geographic extent, intensity,
duration, frequency, and time of visibility impairment. These factors will be considered
along with visitor use of the Class I areas, and the frequency and occurrence of
natural conditions that reduce visibility.
(165) "Small scale local
energy project" means:
(a) A system, mechanism or
series of mechanisms located primarily in Oregon that directly or indirectly uses
or enables the use of, by the owner or operator, renewable resources including,
but not limited to, solar, wind, geothermal, biomass, waste heat or water resources
to produce energy, including heat, electricity and substitute fuels, to meet a local
community or regional energy need in this state;
(b) A system, mechanism or
series of mechanisms located primarily in Oregon or providing substantial benefits
to Oregon that directly or indirectly conserves energy or enables the conservation
of energy by the owner or operator, including energy used in transportation;
(c) A recycling project;
(d) An alternative fuel project;
(e) An improvement that increases
the production or efficiency, or extends the operating life, of a system, mechanism,
series of mechanisms or project otherwise described in this section of this rule,
including but not limited to restarting a dormant project;
(f) A system, mechanism or
series of mechanisms installed in a facility or portions of a facility that directly
or indirectly reduces the amount of energy needed for the construction and operation
of the facility and that meets the sustainable building practices standard established
by the State Department of Energy by rule; or
(g) A project described in
subsections (a) to (f), whether or not the existing project was originally financed
under ORS 470, together with any refinancing necessary to remove prior liens or
encumbrances against the existing project.
(h) A project described in
subsections (a) to (g) that conserves energy or produces energy by generation or
by processing or collection of a renewable resource.
(166) "Source" means any
building, structure, facility, installation or combination thereof that emits or
is capable of emitting air contaminants to the atmosphere, is located on one or
more contiguous or adjacent properties and is owned or operated by the same person
or by persons under common control. The term includes all air contaminant emitting
activities that belong to a single major industrial group, i.e., that have the same
two-digit code, as described in the Standard Industrial Classification Manual, U.S.
Office of Management and Budget, 1987, or that support the major industrial group.
(167) "Source category":
(a) Except as provided in
subsection (b), means all the regulated pollutant emitting activities that belong
to the same industrial grouping, i.e., that have the same two-digit code, as described
in the Standard Industrial Classification Manual, U.S. Office of Management and
Budget, 1987.
(b) As used in OAR 340 division
220, Oregon Title V Operating Permit Fees, means a group of major sources that DEQ
determines are using similar raw materials and have equivalent process controls
and pollution control device.
(168) "Source test" means
the average of at least three test runs conducted under the DEQ Source Sampling
Manual.
(169) "Standard conditions"
means a temperature of 68° Fahrenheit (20° Celsius) and a pressure of
14.7 pounds per square inch absolute (1.03 Kilograms per square centimeter).
(170) "Startup" and "shutdown"
means that time during which a source or control device is brought into normal operation
or normal operation is terminated, respectively.
(171) "State Implementation
Plan" or "SIP" means the State of Oregon Clean Air Act Implementation Plan as adopted
by the EQC under OAR 340-200-0040 and approved by EPA.
(172) “State New Source
Review” or “State NSR” means the new source review process and
requirements under OAR 340-224-0010 through 340-224-0038, 340-224-0245 through 340-224-0270
and 340-224-0500 through 340-224-0540 based on the location and regulated pollutants
emitted.
(173) "Stationary source"
means any building, structure, facility, or installation at a source that emits
or may emit any regulated pollutant. Stationary source includes portable sources
that are required to have permits under OAR 340 division 216.
(174) "Substantial underpayment"
means the lesser of 10 percent of the total interim emission fee for the major source
or five hundred dollars.
(175) “Sustainment
area” means a geographical area of the state for which DEQ has ambient air
quality monitoring data that shows an attainment or unclassified area could become
a nonattainment area but a formal redesignation by EPA has not yet been approved.
The presumptive geographic boundary of a sustainment area is the applicable urban
growth boundary in effect on the date this rule was last approved by the EQC, unless
superseded by rule. Sustainment areas are designated by the EQC according to division
204.
(176) “Sustainment
pollutant” means a regulated pollutant for which an area is designated a sustainment
area.
(177) "Synthetic minor source"
means a source that would be classified as a major source under OAR 340-200-0020,
but for limits on its potential to emit regulated pollutants contained in an ACDP
or Oregon Title V permit issued by DEQ.
(178) "Title I modification"
means one of the following modifications pursuant to Title I of the FCAA:
(a) A major modification
subject to OAR 340-224-0050, Requirements for Sources in Nonattainment Areas or
OAR 340-224-0055, Requirements for Sources in Reattainment Areas;
(b) A major modification
subject to OAR 340-224-0060, Requirements for Sources in Maintenance Areas;
(c) A major modification
subject to OAR 340-224-0070, Prevention of Significant Deterioration Requirements
for Sources in Attainment or Unclassified Areas or 340-224-0045 Requirements for
Sources in Sustainment Areas;
(d) A modification that is
subject to a New Source Performance Standard under Section 111 of the FCAA; or,
(e) A modification under
Section 112 of the FCAA.
(179) "Total reduced sulfur"
or "TRS" means the sum of the sulfur compounds hydrogen sulfide, methyl mercaptan,
dimethyl sulfide, dimethyl disulfide, and any other organic sulfides present expressed
as hydrogen sulfide (H2S).
(180) “Type A State
NSR” means State NSR as specified in OAR 340-224-0010(2)(a).
(181) “Type B State
NSR” means State NSR that is not Type A State NSR.
(182) "Typically Achievable
Control Technology" or "TACT" means the emission limit established on a case-by-case
basis for a criteria pollutant from a particular emissions unit under OAR 340-226-0130.
(183) "Unassigned emissions"
means the amount of emissions that are in excess of the PSEL but less than the netting
basis.
(184) "Unavoidable" or "could
not be avoided" means events that are not caused entirely or in part by design,
operation, maintenance, or any other preventable condition in either process or
control device.
(185) “Unclassified
area” or “attainment area” means an area that has not otherwise
been designated by EPA as nonattainment with ambient air quality standards for a
particular regulated pollutant. Attainment areas or unclassified areas may also
be referred to as sustainment or maintenance areas as designated in OAR 340 division
204. Any particular location may be part of an attainment area or unclassified area
for one regulated pollutant while also being in a different type of designated area
for another regulated pollutant.
(186) "Upset" or "Breakdown"
means any failure or malfunction of any pollution control device or operating equipment
that may cause excess emissions.
(187) "Veneer" means a single
flat panel of wood not exceeding 1/4 inch in thickness formed by slicing or peeling
from a log.
(188) "Veneer dryer" means
equipment in which veneer is dried.
(189) "Visibility impairment"
means any humanly perceptible change in visual range, contrast or coloration from
that which existed under natural conditions. Natural conditions include fog, clouds,
windblown dust, rain, sand, naturally ignited wildfires, and natural aerosols.
(190) "Volatile organic compounds"
or "VOC" means any compound of carbon, excluding carbon monoxide, carbon dioxide,
carbonic acid, metallic carbides or carbonates, and ammonium carbonate, that participates
in atmospheric photochemical reactions.
(a) This includes any such
organic compound other than the following, which have been determined to have negligible
photochemical reactivity:
(A) Methane;
(B) Ethane;
(C) Methylene chloride (dichloromethane);
(D) 1,1,1-trichloroethane
(methyl chloroform);
(E) 1,1,2-trichloro-1,2,2-trifluoroethane
(CFC-113);
(F) Trichlorofluoromethane
(CFC-11);
(G) Dichlorodifluoromethane
(CFC-12);
(H) Chlorodifluoromethane
(HCFC-22);
(I) Trifluoromethane (HFC-23);
(J) 1,2-dichloro 1,1,2,2-tetrafluoroethane
(CFC-114);
(K) Chloropentafluoroethane
(CFC-115);
(L) 1,1,1-trifluoro 2,2-dichloroethane
(HCFC-123);
(M) 1,1,1,2-tetrafluoroethane
(HFC-134a);
(N) 1,1-dichloro 1-fluoroethane
(HCFC-141b);
(O) 1-chloro 1,1-difluoroethane
(HCFC-142b);
(P) 2-chloro-1,1,1,2-tetrafluoroethane
(HCFC-124);
(Q) Pentafluoroethane (HFC-125);
(R) 1,1,2,2-tetrafluoroethane
(HFC-134);
(S) 1,1,1-trifluoroethane
(HFC-143a);
(T) 1,1-difluoroethane (HFC-152a);
(U) Parachlorobenzotrifluoride
(PCBTF);
(V) Cyclic, branched, or
linear completely methylated siloxanes;
(W) Acetone;
(X) Perchloroethylene (tetrachloroethylene);
(Y) 3,3-dichloro-1,1,1,2,2-pentafluoropropane
(HCFC-225ca);
(Z) 1,3-dichloro-1,1,2,2,3-pentafluoropropane
(HCFC-225cb);
(AA) 1,1,1,2,3,4,4,5,5,5-decafluoropentane
(HFC 43-10mee);
(BB) Difluoromethane (HFC-32);
(CC) Ethylfluoride (HFC-161);
(DD) 1,1,1,3,3,3-hexafluoropropane
(HFC-236fa);
(EE) 1,1,2,2,3-pentafluoropropane
(HFC-245ca);
(FF) 1,1,2,3,3-pentafluoropropane
(HFC-245ea);
(GG) 1,1,1,2,3-pentafluoropropane
(HFC-245eb);
(HH) 1,1,1,3,3-pentafluoropropane
(HFC-245fa);
(II) 1,1,1,2,3,3-hexafluoropropane
(HFC-236ea);
(JJ) 1,1,1,3,3-pentafluorobutane
(HFC-365mfc);
(KK) chlorofluoromethane
(HCFC-31);
(LL) 1 chloro-1-fluoroethane
(HCFC-151a);
(MM) 1,2-dichloro-1,1,2-trifluoroethane
(HCFC-123a);
(NN) 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane
(C4 F9 OCH3 or HFE-7100);
(OO) 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane
((CF3 )2 CFCF2 OCH3);
(PP) 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane
(C4 F9 OC2 H5 or HFE-7200);
(QQ) 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane
((CF3 )2 CFCF2 OC2 H5);
(RR) Methyl acetate;
(SS) 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane
(n-C3F7OCH3, HFE-7000);
(TT) 3-ethoxy- 1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl)
hexane (HFE-7500);
(UU) 1,1,1,2,3,3,3-heptafluoropropane
(HFC 227ea);
(VV) Methyl formate (HCOOCH3);
(WW) 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane
(HFE-7300);
(XX) Propylene carbonate;
(YY) Dimethyl carbonate;
(ZZ) Trans -1,3,3,3-tetrafluoropropene
(also known as HFO-1234ze);
(AAA) HCF2 OCF2 H (HFE-134);
(BBB) HCF2 OCF2 OCF2 H (HFE-236cal2);
(CCC) HCF2 OCF2 CF2 OCF2
H (HFE-338pcc13);
(DDD) HCF2 OCF2 OCF2 CF2
OCF2 H (H-Galden 1040x or H-Galden ZT 130 (or 150 or 180));
(EEE) Trans 1-chloro-3,3,3-trifluoroprop-1-ene
(also known as SolsticeTM 1233zd(E));
(FFF) 2,3,3,3-tetrafluoropropene
(also known as HFO–1234yf);
(GGG) 2-amino-2-methyl-1-propanol;
and
(HHH) perfluorocarbon compounds
which fall into these classes:
(i) Cyclic, branched, or
linear, completely fluorinated alkanes;
(ii) Cyclic, branched, or
linear, completely fluorinated ethers with no unsaturations;
(iii) Cyclic, branched, or
linear, completely fluorinated tertiary amines with no unsaturations; and
(iv) Sulfur containing perfluorocarbons
with no unsaturations and with sulfur bonds only to carbon and fluorine.
(b) For purposes of determining
compliance with emissions limits, VOC will be measured by an applicable reference
method in the DEQ Source Sampling Manual. Where such a method also measures compounds
with negligible photochemical reactivity, these negligibly-reactive compounds may
be excluded as VOC if the amount of such compounds is accurately quantified, and
DEQ approves the exclusion.
(c) DEQ may require an owner
or operator to provide monitoring or testing methods and results demonstrating,
to DEQ's satisfaction, the amount of negligibly-reactive compounds in the source's
emissions.
(d) The following compounds
are VOC for purposes of all recordkeeping, emissions reporting, photochemical dispersion
modeling and inventory requirements which apply to VOC and must be uniquely identified
in emission reports, but are not VOC for purposes of VOC emissions limitations or
VOC content requirements: t-butyl acetate.
(191) "Wood fired veneer
dryer" means a veneer dryer, that is directly heated by the products of combustion
of wood fuel in addition to or exclusive of steam or natural gas or propane combustion.
(192) “Wood fuel-fired
device” means a device or appliance designed for wood fuel combustion, including
cordwood stoves, woodstoves and fireplace stove inserts, fireplaces, wood fuel-fired
cook stoves, pellet stoves and combination fuel furnaces and boilers that burn wood
fuels.
(193) "Year" means any consecutive
12 month period of time.
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
Stats. Implemented: ORS 468A.025,
468A.035, 468A.040, 468A.050, 468A.055, 468A.070, 468A.075, 468A.085, 468A.105,
468A.135, 468A.140, 468A.155, 468A.280, 468A.310, 468A.315, 468A.360, 468A.363,
468A.380, 468A.385, 468A.420, 468A.495, 468A.500, 468A.505, 468A.515, 468A.575,
468A.595, 468A.600, 468A.610, 468A.612, 468A.620, 468A.635, 468A.707, 468A.740,
468A.745, 468A.750, 468A.775, 468A.780, 468A.797, 468A.799, 468A.803, 468A.820,
& Or. Laws 2009, chapter 754
Hist.: [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; DEQ 12-2014(Temp), f.
& cert. ef. 11-12-14 thru 5-10-15; DEQ 7-2015, f. & cert. ef. 4-16-15
340-200-0025
Abbreviations and Acronyms
(1) “AAQS” means ambient
air quality standard.
(2) "ACDP" means Air Contaminant
Discharge Permit.
(3) "ACT" means Federal Clean
Air Act.
(4) "AE" means Actual Emissions.
(5) "AICPA" means Association
of Independent Certified Public Accountants.
(6) "AQCR" means Air Quality
Control Region.
(7) “AQRV” means
Air Quality Related Value
(8) "AQMA" means Air Quality
Maintenance Area.
(9) "ASME" means American
Society of Mechanical Engineers.
(10) "ASTM" means American
Society for Testing & Materials.
(11) "ATETP" means Automotive
Technician Emission Training Program.
(12) "AWD" means all wheel
drive.
(13) "BACT" means Best Available
Control Technology.
(14) “BART” means
Best Available Retrofit Technology.
(15) "BLS" means black liquor
solids.
(16) "CAA" means Clean Air
Act
(17) "CAR" means control
area responsible party.
(18) "CBD" means central
business district.
(19) "CCTMP" means Central
City Transportation Management Plan.
(20) "CEM" means continuous
emissions monitoring.
(21) "CEMS" means continuous
emission monitoring system.
(22) "CERCLA" means Comprehensive
Environmental Response Compensation and Liability Act.
(23) "CFRMS" means continuous
flow rate monitoring system.
(24) "CFR" means Code of
Federal Regulations.
(25) "CMS" means continuous
monitoring system.
(26) "CO" means carbon monoxide.
(27) “CO2e” means
carbon dioxide equivalent.
(28) "COMS" means continuous
opacity monitoring system.
(29) "CPMS" means continuous
parameter monitoring system.
(30) "DEQ" means Department
of Environmental Quality.
(31) "DOD" means Department
of Defense.
(32) "EA" means environmental
assessment.
(33) "ECO" means employee
commute options.
(34) "EEAF" means emissions
estimate adjustment factor.
(35) "EF" means emission
factor.
(36) "EGR" means exhaust
gas re-circulation.
(37) "EIS" means Environmental
Impact Statement.
(38) "EPA" means Environmental
Protection Agency.
(39) "EQC" means Environmental
Quality Commission.
(40) "ESP" means electrostatic
precipitator.
(41) "FCAA" means Federal
Clean Air Act.
(42) "FHWA" means Federal
Highway Administration.
(43) "FONSI" means finding
of no significant impact.
(44) "FTA" means Federal
Transit Administration.
(45) "GFA" means gross floor
area.
(46) “GHG” means
greenhouse gases.
(47) "GLA" means gross leasable
area.
(48) "GPM" means grams per
mile.
(49) "gr/dscf" means grains
per dry standard cubic foot.
(50) "GTBA" means grade tertiary
butyl alcohol.
(51) "GVWR" means gross vehicle
weight rating.
(52) "HAP" means hazardous
air pollutant.
(53) "HEPA" means high efficiency
particulate air.
(54) "HMIWI" means hospital
medical infectious waste incinerator.
(55) "I/M" means inspection
and maintenance program.
(56) "IG" means inspection
grade.
(57) "IRS" means Internal
Revenue Service.
(58) "ISECP" means indirect
source emission control program.
(59) "ISTEA" means Intermodal
Surface Transportation Efficiency Act.
(60) "LAER" means Lowest
Achievable Emission Rate.
(61) "LDT2" means light duty
truck 2.
(62) "LIDAR" means laser
radar; light detection and ranging.
(63) "LPG" means liquefied
petroleum gas.
(64) "LRAPA" means Lane Regional
Air Protection Agency.
(65) "LUCS" means Land Use
Compatibility Statement.
(66) "MACT" means Maximum
Achievable Control Technology.
(67) "MPO" means Metropolitan
Planning Organization.
(68) "MTBE" means methyl
tertiary butyl ether.
(69) "MWC" means municipal
waste combustor.
(70) "NAAQS" means National
Ambient Air Quality Standards.
(71) “NAICS”
means North American Industrial Classification System.
(72) "NEPA" means National
Environmental Policy Act.
(73) "NESHAP" means National
Emissions Standard for Hazardous Air Pollutants.
(74) "NIOSH" means National
Institute of Occupational Safety & Health.
(75) "NOx" means nitrogen
oxides.
(76) "NSPS" means New Source
Performance Standards.
(77) "NSR" means New Source
Review.
(78) "NSSC" means neutral
sulfite semi-chemical.
(79) "O3" means ozone.
(80) "OAR" means Oregon Administrative
Rules.
(81) "ODOT" means Oregon
Department of Transportation.
(82) "ORS" means Oregon Revised
Statutes.
(83) "OSAC" means orifice
spark advance control.
(84) "OSHA" means Occupational
Safety & Health Administration.
(85) "PCDCE" means pollution
control device collection efficiency.
(86) "PEMS" means predictive
emission monitoring system.
(87) "PM" means particulate
matter.
(88) "PM10" means particulate
matter less than 10 microns.
(89) “PM2.5”
means particulate matter less than 2.5 microns.
(90) "POTW" means Publicly
Owned Treatment Works.
(91) "POV" means privately
owned vehicle.
(92) “ppm” means
parts per million.
(93) "PSD" means Prevention
of Significant Deterioration.
(94) "PSEL" means Plant Site
Emission Limit.
(95) "QIP" means quality
improvement plan.
(96) "RACT" means Reasonably
Available Control Technology.
(97) “ROI” means
range of influence.
(98) "RVCOG" means Rogue
Valley Council of Governments.
(99) "RWOC" means running
weighted oxygen content.
(100) "scf" means standard
cubic feet.
(101) "SCS" means speed control
switch.
(102) "SD" means standard
deviation.
(103) “SERP”
means source emission reduction plan.
(104) “SIC” means
Standard Industrial Classification from the Standard Industrial Classification Manual
(U.S. Office of Management and Budget, 1987).
(105) "SIP" means State Implementation
Plan.
(106) "SKATS" means Salem-Kaiser
Area Transportation Study.
(107) “SLAMS”
means State or Local Air Monitoring Stations.
(108) "SO2" means sulfur
dioxide.
(109) "SOCMI" means synthetic
organic chemical manufacturing industry.
(110) "SOS" means Secretary
of State.
(111) “SPMs”
means Special Purpose Monitors.
(112) "TAC" means thermostatic
air cleaner.
(113) "TACT" means Typically
Achievable Control Technology.
(114) "TCM" means transportation
control measures.
(115) "TCS" means throttle
control solenoid.
(116) "TIP" means Transportation
Improvement Program.
(117) “tpy” means
tons per year.
(118) "TRS" means total reduced
sulfur.
(119) "TSP" means total suspended
particulate matter.
(120) "UGA" means urban growth
area.
(121) "UGB" means urban growth
boundary.
(122) “USC” means
United States Code.
(123) "US DOT" means United
States Department of Transportation.
(124) "UST" means underground
storage tanks.
(125) "UTM" means universal
transverse mercator.
(126) "VIN" means vehicle
identification number.
(127) "VMT" means vehicle
miles traveled.
(128) "VOC" means volatile
organic compounds.
NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.
Stat. Auth.: ORS 468.020, 468A
Stats. Implemented: ORS 468A
Hist.: DEQ 6-2001, f. 6-18-01,
cert. ef. 7-1-01; DEQ 3-2007, f. & cert. ef. 4-12-07; DEQ 8-2007, f. & cert.
ef. 11-8-07; DEQ 5-2010, f. & cert. ef. 5-21-10; DEQ 5-2011, f. 4-29-11, cert.
ef. 5-1-11; DEQ 7-2015, f. & cert. ef. 4-16-15
340-200-0030
Exceptions
(1) Except as provided in section (2),
OAR chapter 340 divisions 200 through 268 do not apply to:
(a) Agricultural operations,
including but not limited to:
(A) Growing or harvesting
crops;
(B) Raising fowl or animals;
(C) Clearing or grading agricultural
land;
(D) Propagating and raising
nursery stock;
(E) Propane flaming of mint
stubble; and
(F) Stack or pile burning
of residue from Christmas trees, as defined in ORS 571.505, during the period beginning
October 1 and ending May 31 of the following year.
(b) Equipment used in agricultural
operations, except boilers used in connection with propagating and raising nursery
stock.
(c) Barbecue equipment used
in connection with any residence.
(d) Heating equipment in
or used in connection with residences used exclusively as dwellings for not more
than four families, except woodstoves which shall be subject to regulation under
OAR 340 divisions 240 and 262, and as provided in ORS 468A.020(1)(d). Emissions
from woodstoves can be used to create emission reduction credits in OAR 340 division
268.
(e) Fires set or permitted
by any public agency when such fire is set or permitted in the performance of its
official duty for the purpose of weed abatement, prevention or elimination of a
fire hazard, or instruction of employees in the methods of fire fighting, which
in the opinion of the agency is necessary.
(f) Fires set pursuant to
permit for the purpose of instruction of employees of private industrial concerns
in methods of fire fighting, or for civil defense instruction.
(2) Section (1) does not
apply to the extent:
(a) Otherwise provided in
ORS 468A.555 to 468A.620, 468A.790, 468A.992, 476.380 and 478.960;
(b) Necessary to implement
the federal Clean Air Act (P.L. 88-206 as amended) under ORS 468A.025, 468A.030,
468A.035, 468A.040, 468A.045 and 468A.300 to 468A.330; or
(c) Necessary for the EQC,
in the commission’s discretion, to implement a recommendation of the Task
Force on Dairy Air Quality created under section 3, chapter 799, Oregon Laws 2007,
for the regulation of dairy air contaminant emissions.
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 & 468A
Stats. Implemented: ORS 468A.020
Hist.: DEQ 15, f. 6-12-70, ef. 9-1-70;
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 340-020-0003; DEQ 12-2008, f. &
cert. ef. 9-17-08; DEQ 7-2015, f. & cert. ef. 4-16-15
340-200-0035
Reference Materials
As used in divisions 200 through 268,
the following materials refer to the versions listed below.
(1) "CFR" means Code of Federal
Regulations and, unless otherwise expressly identified, refers to the July 1, 2014
edition.
(2) The DEQ Source Sampling
Manual refers to the March 2015 edition.
(3) The DEQ Continuous
Monitoring Manual refers to the March 2015 edition.
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:
Manuals referenced are not included in rule text. Click here for PDF copy of manuals.]
Stat. Auth.: ORS 468.020
& 468A
Stats. Implemented: ORS 468A
Hist.: DEQ 7-2015, f. &
cert. ef. 4-16-15
340-200-0040
State of Oregon Clean Air Act Implementation
Plan
(1) This implementation plan, consisting
of Volumes 2 and 3 of the State of Oregon Air Quality Control Program, contains
control strategies, rules and standards prepared by DEQ and is adopted as the state
implementation plan (SIP) of the State of Oregon pursuant to the federal Clean Air
Act, 42 U.S.C.A 7401 to 7671q.
(2) Except as provided in
section (3), the Commission will revise the SIP pursuant to the rulemaking procedures
in division 11 of this chapter and any other requirements contained in the SIP and
will direct DEQ to submit such revisions to the United States Environmental Protection
Agency for approval. The Commission last adopted revisions to the State Implementation
Plan on Oct. 15, 2015.
(3) Notwithstanding any other
requirement contained in the SIP, DEQ may:
(a) Submit to the Environmental
Protection Agency any permit condition implementing a rule that is part of the federally-approved
SIP as a source-specific SIP revision after DEQ has complied with the public hearings
provisions of 40 CFR 51.102 (July 1, 2002); and
(b) Approve the standards
submitted by a regional authority if the regional authority adopts verbatim any
standard that the Commission has adopted, and submit the standards to EPA for approval
as a SIP revision.
NOTE: Revisions to the State of Oregon
Clean Air Act Implementation Plan become federally enforceable upon approval by
the United States Environmental Protection Agency. If any provision of the federally
approved Implementation Plan conflicts with any provision adopted by the Commission,
DEQ shall enforce the more stringent provision.
Stat. Auth.: ORS 468.020 & 468A
Stats. Implemented: ORS 468A
Hist.: DEQ 35, f. 2-3-72,
ef. 2-15-72; DEQ 54, f. 6-21-73, ef. 7-1-73; DEQ 19-1979, f. & ef. 6-25-79;
DEQ 21-1979, f. & ef. 7-2-79; DEQ 22-1980, f. & ef. 9-26-80; DEQ 11-1981,
f. & ef. 3-26-81; DEQ 14-1982, f. & ef. 7-21-82; DEQ 21-1982, f. & ef.
10-27-82; DEQ 1-1983, f. & ef. 1-21-83; DEQ 6-1983, f. & ef. 4-18-83; DEQ
18-1984, f. & ef. 10-16-84; DEQ 25-1984, f. & ef. 11-27-84; DEQ 3-1985,
f. & ef. 2-1-85; DEQ 12-1985, f. & ef. 9-30-85; DEQ 5-1986, f. & ef.
2-21-86; DEQ 10-1986, f. & ef. 5-9-86; DEQ 20-1986, f. & ef. 11-7-86; DEQ
21-1986, f. & ef. 11-7-86; DEQ 4-1987, f. & ef. 3-2-87; DEQ 5-1987, f. &
ef. 3-2-87; DEQ 8-1987, f. & ef. 4-23-87; DEQ 21-1987, f. & ef. 12-16-87;
DEQ 31-1988, f. 12-20-88, cert. ef. 12-23-88; DEQ 2-1991, f. & cert. ef. 2-14-91;
DEQ 19-1991, f. & cert. ef. 11-13-91; DEQ 20-1991, f. & cert. ef. 11-13-91;
DEQ 21-1991, f. & cert. ef. 11-13-91; DEQ 22-1991, f. & cert. ef. 11-13-91;
DEQ 23-1991, f. & cert. ef. 11-13-91; DEQ 24-1991, f. & cert. ef. 11-13-91;
DEQ 25-1991, f. & cert. ef. 11-13-91; DEQ 1-1992, f. & cert. ef. 2-4-92;
DEQ 3-1992, f. & cert. ef. 2-4-92; DEQ 7-1992, f. & cert. ef. 3-30-92; DEQ
19-1992, f. & cert. ef. 8-11-92; DEQ 20-1992, f. & cert. ef. 8-11-92; DEQ
25-1992, f. 10-30-92, cert. ef. 11-1-92; DEQ 26-1992, f. & cert. ef. 11-2-92;
DEQ 27-1992, f. & cert. ef. 11-12-92; DEQ 4-1993, f. & cert. ef. 3-10-93;
DEQ 8-1993, f. & cert. ef. 5-11-93; DEQ 12-1993, f. & cert. ef. 9-24-93;
DEQ 15-1993, f. & cert. ef. 11-4-93; DEQ 16-1993, f. & cert. ef. 11-4-93;
DEQ 17-1993, f. & cert. ef. 11-4-93; DEQ 19-1993, f. & cert. ef. 11-4-93;
DEQ 1-1994, f. & cert. ef. 1-3-94; DEQ 5-1994, f. & cert. ef. 3-21-94; DEQ
14-1994, f. & cert. ef. 5-31-94; DEQ 15-1994, f. 6-8-94, cert. ef. 7-1-94; DEQ
25-1994, f. & cert. ef. 11-2-94; DEQ 9-1995, f. & cert. ef. 5-1-95; DEQ
10-1995, f. & cert. ef. 5-1-95; DEQ 14-1995, f. & cert. ef. 5-25-95; DEQ
17-1995, f. & cert. ef. 7-12-95; DEQ 19-1995, f. & cert. ef. 9-1-95; DEQ
20-1995 (Temp), f. & cert. ef. 9-14-95; DEQ 8-1996(Temp), f. & cert. ef.
6-3-96; DEQ 15-1996, f. & cert. ef. 8-14-96; DEQ 19-1996, f. & cert. ef.
9-24-96; DEQ 22-1996, f. & cert. ef. 10-22-96; DEQ 23-1996, f. & cert. ef.
11-4-96; DEQ 24-1996, f. & cert. ef. 11-26-96; DEQ 10-1998, f. & cert. ef.
6-22-98; DEQ 15-1998, f. & cert. ef. 9-23-98; DEQ 16-1998, f. & cert. ef.
9-23-98; DEQ 17-1998, f. & cert. ef. 9-23-98; DEQ 20-1998, f. & cert. ef.
10-12-98; DEQ 21-1998, f. & cert. ef. 10-12-98; DEQ 1-1999, f. & cert. ef.
1-25-99; DEQ 5-1999, f. & cert. ef. 3-25-99; DEQ 6-1999, f. & cert. ef.
5-21-99; DEQ 10-1999, f. & cert. ef. 7-1-99; DEQ 14-1999, f. & cert. ef.
10-14-99, Renumbered from 340-020-0047; DEQ 15-1999, f. & cert. ef. 10-22-99;
DEQ 2-2000, f. 2-17-00, cert. ef. 6-1-01; DEQ 6-2000, f. & cert. ef. 5-22-00;
DEQ 8-2000, f. & cert. ef. 6-6-00; DEQ 13-2000, f. & cert. ef. 7-28-00;
DEQ 16-2000, f. & cert. ef. 10-25-00; DEQ 17-2000, f. & cert. ef. 10-25-00;
DEQ 20-2000 f. & cert. ef. 12-15-00; DEQ 21-2000, f. & cert. ef. 12-15-00;
DEQ 2-2001, f. & cert. ef. 2-5-01; DEQ 4-2001, f. & cert. ef. 3-27-01; DEQ
6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 15-2001, f. & cert. ef. 12-26-01;
DEQ 16-2001, f. & cert. ef. 12-26-01; DEQ 17-2001, f. & cert. ef. 12-28-01;
DEQ 4-2002, f. & cert. ef. 3-14-02; DEQ 5-2002, f. & cert. ef. 5-3-02; DEQ
11-2002, f. & cert. ef. 10-8-02; DEQ 5-2003, f. & cert. ef. 2-6-03; DEQ
14-2003, f. & cert. ef. 10-24-03; DEQ 19-2003, f. & cert. ef. 12-12-03;
DEQ 1-2004, f. & cert. ef. 4-14-04; DEQ 10-2004, f. & cert. ef. 12-15-04;
DEQ 1-2005, f. & cert. ef. 1-4-05; DEQ 2-2005, f. & cert. ef. 2-10-05; DEQ
4-2005, f. 5-13-05, cert. ef. 6-1-05; DEQ 7-2005, f. & cert. ef. 7-12-05; DEQ
9-2005, f. & cert. ef. 9-9-05; DEQ 2-2006, f. & cert. ef. 3-14-06; DEQ 4-2006,
f. 3-29-06, cert. ef. 3-31-06; DEQ 3-2007, f. & cert. ef. 4-12-07; DEQ 4-2007,
f. & cert. ef. 6-28-07; DEQ 8-2007, f. & cert. ef. 11-8-07; DEQ 5-2008,
f. & cert. ef. 3-20-08; DEQ 11-2008, f. & cert. ef. 8-29-08; DEQ 12-2008,
f. & cert. ef. 9-17-08; DEQ 14-2008, f. & cert. ef. 11-10-08; DEQ 15-2008,
f. & cert. ef 12-31-08; DEQ 3-2009, f. & cert. ef. 6-30-09; DEQ 8-2009,
f. & cert. ef. 12-16-09; DEQ 2-2010, f. & cert. ef. 3-5-10; DEQ 5-2010,
f. & cert. ef. 5-21-10; DEQ 14-2010, f. & cert. ef. 12-10-10; DEQ 1-2011,
f. & cert. ef. 2-24-11; DEQ 2-2011, f. 3-10-11, cert. ef. 3-15-11; DEQ 5-2011,
f. 4-29-11, cert. ef. 5-1-11; DEQ 18-2011, f. & cert. ef. 12-21-11; DEQ 1-2012,
f. & cert. ef. 5-17-12; DEQ 7-2012, f. & cert.ef 12-10-12; DEQ 10-2012,
f. & cert. ef. 12-11-12; DEQ 4-2013, f. & cert. ef. 3-27-13; DEQ 11-2013,
f. & cert. ef. 11-7-13; DEQ 12-2013, f. & cert. ef. 12-19-13; DEQ 1-2014,
f. & cert. ef. 1-6-14; DEQ 4-2014, f. & cert. ef. 3-31-14; DEQ 5-2014, f.
& cert. ef. 3-31-14; DEQ 6-2014, f. & cert. ef. 3-31-14; DEQ 7-2014, f.
& cert. ef. 6-26-14; DEQ 6-2015, f. & cert. ef. 4-16-15; DEQ 7-2015, f.
& cert. ef. 4-16-15; DEQ 10-2015, f. & cert. ef. 10-16-15
340-200-0050
Compliance Schedules
(1) DEQ's goal is to encourage voluntary
cooperation of all persons responsible for an air contamination source. To facilitate
this cooperation and provide for a progressive program of air pollution control,
DEQ may negotiate with such persons to establish a compliance schedule for meeting
the requirements contained in the applicable air quality rules or statutes. The
schedule will set forth the conditions with which the responsible person must comply.
(a) The schedule may be accepted
in lieu of a hearing. It must be in writing and signed by the Director of DEQ or
his designated officer and an authorized agent of the responsible person. After
the schedule is executed by both parties, it must be confirmed by order of DEQ;
(b) Compliance schedules
providing for final compliance at a date later than 18 months from the date of execution
must contain requirements for periodic reporting and increments of progress toward
compliance, at intervals of less than 18 months;
(c) No compliance schedule
may allow emissions on a permanent basis in excess of applicable standards and rules.
(2) If a negotiated schedule
of compliance cannot be established, DEQ may commence enforcement proceedings as
provided by ORS 468.090 or take such other authorized action as may be warranted.
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 468
& 468A
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 340-020-0032; DEQ 19-1993, f. & cert. ef. 11-4-93;
DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-028-0700; DEQ 6-2001,
f. 6-18-01, cert. ef. 7-1-01; DEQ 7-2015, f. & cert. ef. 4-16-15
Conflicts of Interest
340-200-0100
Purpose
The purpose of OAR 340-200-0100 through
340-200-0120 is to comply with the requirements of Section 128 of the FCAA regarding
public interest representation by a majority of the members of the EQC and by the
Director and disclosure by them of potential conflicts of interest.
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.035
& 468A.310
Hist.: DEQ 15-1978, f. &
ef. 10-13-78; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 14-1999, f. & cert.
ef. 10-14-99, Renumbered from 340-020-0200; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01;
DEQ 7-2015, f. & cert. ef. 4-16-15
340-200-0110
Public Interest Representation
At least a majority of the members of
the EQC and the Director must represent the public interest and may not derive any
significant portion of their respective incomes directly from persons subject in
Oregon to permits or enforcement orders 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
Stats. Implemented: 468A.035
& 468A.310
Hist.: DEQ 15-1978, f. &
ef. 10-13-78; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 14-1999, f. & cert.
ef. 10-14-99, Renumbered from 340-020-0210; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01;
DEQ 7-2015, f. & cert. ef. 4-16-15
340-200-0120
Disclosure of Potential Conflicts
of Interest
Each member of the EQC and the Director
must disclose any potential conflict of interest.
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.035
& 468A.310
Hist.: DEQ 15-1978, f. &
ef. 10-13-78; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 14-1999, f. & cert.
ef. 10-14-99, Renumbered from 340-020-0215; 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.
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