General Provisions for Stationary Sources

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_300/oar_340/340_244.html
Published: 2015

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

 

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DEPARTMENT OF ENVIRONMENTAL QUALITY

 
DIVISION 244
OREGON FEDERAL HAZARDOUS AIR POLLUTANT PROGRAM
General Provisions for Stationary Sources

340-244-0010
Policy and Purpose
The Environmental Quality Commission finds that certain air contaminants for which there are no ambient air quality standards may cause or contribute to an identifiable and significant increase in mortality or to an increase in serious irreversible or incapacitating reversible illness or to irreversible ecological damage, and are therefore considered to be hazardous air pollutants. It shall be the policy of the Commission that no person may cause, allow, or permit emissions into the ambient air of any hazardous substance in such quantity, concentration, or duration determined by the Commission to be injurious to public health or the environment. The purpose of this Division is to establish emissions limitations on sources of these air contaminants. In order to reduce the release of these hazardous air pollutants and protect public health and the environment, it is the intent of the Commission to adopt by rule within this Division the source category specific requirements that are promulgated by the EPA. Furthermore, it is hereby declared the policy of the Commission that the standards contained in this Division are considered minimum standards, and as technology advances, protection of public health and the environment warrants, more stringent standards may be adopted and applied.
Stat. Auth.: ORS 468.020 & ORS 468A.310

Stats. Implemented: ORS 468A.025

Hist.: DEQ 13-1993, f. & cert. ef. 9-24-93; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-032-0100
340-244-0020
Delegation of Authority
Subject to the requirements in this
division, LRAPA is designated by the EQC to implement and enforce, within its area
of jurisdiction. The requirements and procedures contained in this division must
be used by LRAPA unless LRAPA has adopted or adopts rules which are at least as
strict as this division.
Stat. Auth.: ORS 468 & 468A
Stats. Implemented: ORS 468A.025
Hist.: DEQ 13-1993, f. &
cert. ef. 9-24-93; DEQ 18-1993, f. & cert. ef. 11-4-93; DEQ 14-1999, f. &
cert. ef. 10-14-99, Renumbered from 340-032-0110; DEQ 15-2008, f. & cert. ef
12-31-08; DEQ 8-2015, f. & cert. ef. 4-17-15
340-244-0030
Definitions
The definitions in OAR 340-200-0020,
340-218-0030 and this rule apply to this division. If the same term is defined in
this rule and 340-200-0020 or 340-218-0030, the definition in this rule applies
to this division.
(1) "Affected source" is
as defined in 40 CFR 63.2.
(2) "Annual throughput" means
the amount of gasoline transferred into a gasoline dispensing facility during 12
consecutive months.
(3) "Area Source" means any
stationary source which has the potential to emit hazardous air pollutants but is
not a major source of hazardous air pollutants.
(4) "CFR" means Code of Federal
Regulations and, unless otherwise expressly identified, refers to the July 1, 2013
edition.
(5) "Construct a major source"
means to fabricate, erect, or install at any greenfield site a stationary source
or group of stationary sources which is located within a contiguous area and under
common control and which emits or has the potential to emit 10 tons per year of
any HAPs or 25 tons per year of any combination of HAP, or to fabricate, erect,
or install at any developed site a new process or production unit which in and of
itself emits or has the potential to emit 10 tons per year of any HAP or 25 tons
per year of any combination of HAP, unless the process or production unit satisfies
criteria in paragraphs (a) through (f) of this definition:
(a) All HAP emitted by the
process or production unit that would otherwise be controlled under the requirements
of 40 CFR Part 63, Subpart B will be controlled by emission control equipment which
was previously installed at the same site as the process or production unit;
(b) DEQ has determined within
a period of 5 years prior to the fabrication, erection, or installation of the process
or production unit that the existing emission control equipment represented the
best available control technology (BACT), lowest achievable emission rate (LAER)
under 40 CFR Part 51 or 52, toxics-best available control technology (T-BACT), or
MACT based on State air toxic rules for the category of pollutants which includes
those HAP to be emitted by the process or production unit; or DEQ determines that
the control of HAP emissions provided by the existing equipment will be equivalent
to that level of control currently achieved by other well-controlled similar sources
(i.e., equivalent to the level of control that would be provided by a current BACT,
LAER, T-BACT, or State air toxic rule MACT determination).
(c) DEQ determines that the
percent control efficiency for emission of HAP from all sources to be controlled
by the existing control equipment will be equivalent to the percent control efficiency
provided by the control equipment prior to the inclusion of the new process or production
unit;
(d) DEQ has provided notice
and an opportunity for public comment concerning its determination that criteria
in paragraphs (a), (b), and (c) of this definition apply and concerning the continued
adequacy of any prior LAER, BACT, T-BACT, or State air toxic rule MACT determination;
(e) If any commenter has
asserted that a prior LAER, BACT, T-BACT, or State air toxic rule MACT determination
is no longer adequate, DEQ has determined that the level of control required by
that prior determination remains adequate; and
(f) Any emission limitations,
work practice requirements, or other terms and conditions upon which the above determinations
by DEQ are predicated will be construed by DEQ as applicable requirements under
section 504(a) and either have been incorporated into any existing Title V permit
for the affected facility or will be incorporated into such permit upon issuance.
(6) “Dual-point vapor
balance system” means a type of vapor balance system in which the storage
tank is equipped with an entry port for a gasoline fill pipe and a separate exit
port for a vapor connection.
(7) "Emissions Limitation"
and "Emissions Standard" mean a requirement adopted by DEQ or Regional Agency, or
proposed or promulgated by the Administrator of the EPA, which limits the quantity,
rate, or concentration of emissions of air 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.
(8) "Equipment leaks" means
leaks from pumps, compressors, pressure relief devices, sampling connection systems,
open ended valves or lines, valves, connectors, agitators, accumulator vessels,
and instrumentation systems in hazardous air pollutant service.
(9) "Existing Source" means
any source, the construction of which commenced prior to proposal of an applicable
standard under sections 112 or 129 of the FCAA.
(10) "Facility" means all
or part of any public or private building, structure, installation, equipment, or
vehicle or vessel, including but not limited to ships.
(11) "Gasoline" means any
petroleum distillate or petroleum distillate/alcohol blend having a Reid vapor pressure
of 27.6 kilopascals (4.0 psi) or greater, which is used as a fuel for internal combustion
engines.
(12) "Gasoline cargo tank"
means a delivery tank truck or railcar which is loading or unloading gasoline, or
which has loaded or unloaded gasoline on the immediately previous load.
(13) "Gasoline dispensing
facility (GDF) " means any stationary facility which dispenses gasoline into the
fuel tank of a motor vehicle, motor vehicle engine, nonroad vehicle, or nonroad
engine, including a nonroad vehicle or nonroad engine used solely for competition.
These facilities include, but are not limited to, facilities that dispense gasoline
into on- and off-road, street, or highway motor vehicles, lawn equipment, boats,
test engines, landscaping equipment, generators, pumps, and other gasoline fueled
engines and equipment. In Clackamas, Multnomah and Washington Counties, the Medford-Ashland
Air Quality Maintenance Area, and the Salem-Keizer Area Transportation Study area,
“gasoline dispensing facility” includes any stationary facility which
dispenses gasoline into the fuel tank of an airplane.
(14) "Hazardous Air Pollutant"
(HAP) means an air pollutant listed by the EPA pursuant to section 112(b) of the
FCAA or determined by the Commission to cause, or reasonably be anticipated to cause,
adverse effects to human health or the environment.
(15) "Major Source" means
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 considering
controls, in the aggregate, 10 tons per year or more of any hazardous air pollutant
or 25 tons per year or more of any combination of hazardous air pollutants. The
EPA may establish a lesser quantity, or in the case of radionuclides different criteria,
for a major source on the basis of the potency of the air pollutant, persistence,
potential for bioaccumulation, other characteristics of the air pollutant, or other
relevant factors.
(16) "Maximum Achievable
Control Technology (MACT)" means an emission standard applicable to major sources
of hazardous air pollutants that requires the maximum degree of reduction in emissions
deemed achievable for either new or existing sources.
(17) "Monthly throughput"
means the total volume of gasoline that is loaded into, or dispensed from, all gasoline
storage tanks at each GDF during a month. Monthly throughput is calculated by summing
the volume of gasoline loaded into, or dispensed from, all gasoline storage tanks
at each GDF during the current day, plus the total volume of gasoline loaded into,
or dispensed from, all gasoline storage tanks at each GDF during the previous 364
days, and then dividing that sum by 12.
(18) "Motor vehicle" means
any self-propelled vehicle designed for transporting persons or property on a street
or highway.
(19) "Nonroad engine" means
an internal combustion engine (including the fuel system) that is not used in a
motor vehicle or a vehicle used solely for competition, or that is not subject to
standards promulgated under section 7411 of this title or section 7521 of this title.
(20) "Nonroad vehicle" means
a vehicle that is powered by a nonroad engine, and that is not a motor vehicle or
a vehicle used solely for competition.
(21) "New Source" means a
stationary source, the construction of which is commenced after proposal of a federal
MACT or January 3, 1993 of this Division, whichever is earlier.
(22) "Potential to Emit"
means the maximum capacity of a stationary source to emit any air pollutant under
its physical and operational design. Any physical or operational limitation on the
capacity of a source to emit an air pollutant, including air pollution control equipment
and restrictions on hours of operation or on the type or amount of material combusted,
stored, or processed, shall be treated as part of its design if the limitation is
enforceable by the EPA. This section does not alter or affect the use of this section
for any other purposes under the Act, or the term "capacity factor" as used in Title
IV of the Act or the regulations promulgated thereunder. Secondary emissions shall
not be considered in determining the potential to emit of a source.
(23) "Reconstruct a Major
Source" means the replacement of components at an existing process or production
unit that in and of itself emits or has the potential to emit 10 tons per year of
any HAP or 25 tons per year of any combination of HAP, whenever: the fixed capital
cost of the new components exceeds 50 percent of the fixed capital cost that would
be required to construct a comparable process or production unit; and; it is technically
and economically feasible for the reconstructed major source to meet the applicable
maximum achievable control technology emission limitation for new sources established
under 40 CFR Part 63 Subpart B.
(24) "Regulated Air Pollutant"
as used in this Division means:
(a) Any pollutant listed
under OAR 340-244-0040; or
(b) Any pollutant that is
subject to a standard promulgated pursuant to Section 129 of the Act.
(25) "Section 112(n)" means
that subsection of the FCAA that includes requirements for the EPA to conduct studies
on the hazards to public health prior to developing emissions standards for specified
categories of hazardous air pollutant emission sources.
(26) "Section 112(r)" means
that subsection of the FCAA that includes requirements for the EPA promulgate regulations
for the prevention, detection and correction of accidental releases.
(27) "Solid Waste Incineration
Unit" as used in this Division shall have the same meaning as given in Section 129(g)
of the FCAA.
(28) "Stationary Source",
as used in OAR 340 division 244, means any building, structure, facility, or installation
which emits or may emit any regulated air pollutant;
(29) "Submerged filling"
means the filling of a gasoline storage tank through a submerged fill pipe whose
discharge is no more than the applicable distance specified in OAR 340-244-0240(3)
from the bottom of the tank. Bottom filling of gasoline storage tanks is included
in this definition.
(30) "Topping off" means,
in the absence of equipment malfunction, continuing to fill a gasoline tank after
the nozzle has clicked off.
(31) "Vapor balance system"
means a combination of pipes and hoses that create a closed system between the vapor
spaces of an unloading gasoline cargo tank and a receiving storage tank such that
vapors displaced from the storage tank are transferred to the gasoline cargo tank
being unloaded.
(32) "Vapor-tight" means
equipment that allows no loss of vapors. Compliance with vapor-tight requirements
can be determined by checking to ensure that the concentration at a potential leak
source is not equal to or greater than 100 percent of the Lower Explosive Limit
when measured with a combustible gas detector, calibrated with propane, at a distance
of 1 inch from the source.
(33) "Vapor-tight gasoline
cargo tank" means a gasoline cargo tank which has demonstrated within the 12 preceding
months that it meets the annual certification test requirements in 40 CFR 63.11092(f).
[Publications: Publications referenced
are available from the agency.]
Stat. Auth.: ORS 468.020
& 468A.025
Stats. Implemented: ORS 468A.040
Hist.: DEQ 13-1993, f. &
cert. ef. 9-24-93; DEQ 18-1993, f. & cert. ef. 11-4-93; DEQ 24-1994, f. &
cert. ef. 10-28-94; DEQ 22-1995, f. & cert. ef. 10-6-95; DEQ 26-1996, f. &
cert. ef. 11-26-96; DEQ 20-1997, f. & cert. ef. 9-25-97; DEQ 18-1998, f. &
cert. ef. 10-5-98; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-032-0120;
DEQ 2-2005, f. & cert. ef. 2-10-05; DEQ 2-2006, f. & cert. ef. 3-14-06;
DEQ 13-2006, f. & cert. ef. 12-22-06; DEQ 15-2008, f. & cert. ef 12-31-08;
DEQ 8-2009, f. & cert. ef. 12-16-09; DEQ 1-2011, f. & cert. ef. 2-24-11;
DEQ 4-2013, f. & cert. ef. 3-27-13; DEQ 8-2015, f. & cert. ef. 4-17-15
340-244-0040
List of Hazardous Air Pollutants
For purposes of this division the EQC
adopts by reference the pollutants, including groups of substances and mixtures,
listed in section 112(b), as Hazardous Air Pollutants (Table 1).
[ED. NOTE:
Tables referenced are not included in rule text. Click here for PDF copy of table(s).]
Stat. Auth.: ORS 468.020
& 468A.025
Stats. Implemented: ORS 468A.025
Hist.: DEQ 13-1993, f. &
cert. ef. 9-24-93; DEQ 2-1996, f. & cert. ef. 1-2-96; DEQ 20-1997, f. &
cert. ef. 9-25-97; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-032-0130;
DEQ 2-2005, f. & cert. ef. 2-10-05; DEQ 2-2006, f. & cert. ef. 3-14-06;
DEQ 13-2006, f. & cert. ef. 12-22-06; DEQ 7-2015, f. & cert. ef. 4-16-15
340-244-0050
Amending the List of Hazardous Air Pollutants
(1) Any person may file a petition with the Department to amend the HAP List. The petition must include at least the following information:
(a) Name and chemical abstract service number of the substance;
(b) Quantity of the substance used and released in Oregon;
(c) Sources or source categories emitting the substance;
(d) Potential adverse effects of the substance on public health and the environment;
(e) Potential exposure pathways; and
(f) Uncertainties in the data provided.
(2) The Department shall present this information, or other information that the Department may develop, to the Commission which will consider it along with the best available scientific information developed by the EPA, the Oregon Health Division, other states, other scientific organizations, or by any person.
(3) The Commission shall amend the HAP list if:
(a) It finds there is a scientifically defensible need to add a substance not on the EPA list to protect the public health or environment;
(b) A chemical is added to the list by the EPA;
(c) A substance is deleted from the list by the EPA and the Commission finds that the substance can be deleted without causing harm to public health or the environment; or
(d) A substance has previously been added to the list by the Commission but not by the EPA, and the Commission finds that the substance can be deleted without causing harm to public health or the environment.
Stat. Auth.: ORS 468.020 & ORS 468A.310

Stats. Implemented ORS 468A.025

Hist.: DEQ 13-1993, f. & cert. ef. 9-24-93; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-032-0140

Compliance Extensions for Early Reductions

340-244-0100
Applicability
The requirements of 40 CFR Part 63, Subpart D apply to an owner or operator of an existing source who wishes to obtain a compliance extension and an alternative emission limit from a standard issued under Section 112(d) of the FCAA. Any owner or operator of a facility who elects to comply with a compliance extension and alternative emission limit issued under this section must complete a permit application as prescribed in 40 CFR 63.77.
Stat. Auth.: ORS 468.020 & 468A.310

Stats. Implemented: ORS 468A.310

Hist.: DEQ 13-1993, f. & cert. ef. 9-24-93; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-032-0300; DEQ 15-2008, f. & cert. ef 12-31-08
340-244-0200
Emissions Limitation for New and Reconstructed Major Sources
(1) Federal MACT. Any person who proposes to construct a major source of HAP after an applicable emissions standard has been proposed by the EPA pursuant to Section 112(d), Section 112(n), or Section 129 of the FCAA must comply with the requirements and emission standard for new sources when promulgated by EPA.
(2) State MACT. Any person who proposes to construct or reconstruct a major source of hazardous air pollutants before MACT requirements applicable to that source have been proposed by the EPA and after the effective date of the program must comply with new and reconstructed source MACT requirements of 40 CFR Part 63, Subpart B.
(3) Compliance schedule. The owner or operator of a new or reconstructed source must on and after the date of start-up, be in compliance with all applicable requirements specified in the Federal or State MACT.
Stat. Auth.: ORS 468.020 & ORS 468A.025

Stats. Implemented: ORS 468A.040

Hist.: DEQ 13-1993, f. & cert. ef. 9-24-93; DEQ 22-1995, f. & cert. ef. 10-6-95; DEQ 20-1997, f. & cert. ef. 9-25-97; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-032-0500; DEQ 4-2003, f. & cert. ef. 2-06-03
Emission Standards
340-244-0210
Emissions Limitation for Existing Sources
(1) Federal MACT.
Existing major and area sources must comply with the applicable emissions standards
for existing sources promulgated by the EPA pursuant to section 112(d), section
112(n), or section 129 of the FCAA and adopted by rule within this Division.
(2) State
MACT. If the EPA fails to meet its schedule for promulgating a MACT standard for
a source category or subcategory, DEQ must approve HAP emissions limitations for
existing major sources within that category or subcategory according to 40 CFR Part
63, Subpart B.
(a) The owner
or operator of each existing major source within that category will file permit
applications in accordance with OAR 340-218-0040 and 40 CFR Part 63, Subpart B.
(b) If, after
a permit has been issued, the EPA promulgates a MACT standard applicable to a source
that is more stringent than the one established pursuant to this section, DEQ must
revise the permit upon the next renewal to reflect the standard promulgated by the
EPA. The source will be given a reasonable time to comply, but no longer than 8
years after the standard is promulgated;
(c) DEQ will
not establish a case-by-case State MACT:
(A) For existing
solid waste incineration units where an emissions standard will be established for
these units by the EPA pursuant to section 111 of the FCAA. These sources are subject
to applicable emissions standards under OAR chapter 340, division 230; or
(B) For existing
major HAP sources where an emissions standard or alternative control strategy will
be established by the EPA pursuant to section 112(n) of the FCAA.
(3) Compliance
schedule:
(a) The owner
or operator of the source must comply with the emission limitation:
(A) Within
the time frame established in the applicable Federal MACT standard, but in no case
later than three years from the date of federal promulgation of the applicable MACT
requirements; or
(B) Within
the time frame established by DEQ where a state-determined MACT has been established
or a case-by-case determination has been made.
(b) Notwithstanding
the requirements of this section, no existing source that has installed Best Available
Control Technology or has been required to meet Lowest Achievable Emission Rate
before the promulgation of a federal MACT applicable to that emissions unit is required
to comply with such MACT standard until 5 years after the date on which such installation
or reduction has been achieved, as determined by DEQ.
Stat. Auth.: ORS
468 & 468A

Stats. Implemented:
ORS 468A.310

Hist.: DEQ
13-1993, f. & cert. ef. 9-24-93; DEQ 7-1998, f. & cert. ef. 5-5-98; DEQ
18-1998, f. & cert. ef. 10-5-98, Renumbered from 340-032-2500; DEQ 14-1999,
f. & cert. ef. 10-14-99, Renumbered from 340-032-0505; DEQ 4-2003, f. &
cert. ef. 2-06-03; DEQ 2-2005, f. & cert. ef. 2-10-05; DEQ 15-2008, f. &
cert. ef 12-31-08; DEQ 4-2013, f. & cert. ef. 3-27-13
340-244-0220
Federal Regulations
Adopted by Reference
(1) Except as provided in sections (2)
and (3) of this rule, 40 CFR Part 61, Subparts A, C through F, J, L, N through P,
V, Y, BB, and FF and 40 CFR Part 63, Subparts A, F through J, L through O, Q through
U, W through Y, AA through EE, GG through MM, OO through YY, CCC through EEE, GGG
through JJJ, LLL through RRR, TTT through VVV, XXX, AAAA, CCCC through KKKK, MMMM
through YYYY, AAAAA through NNNNN, PPPPP through UUUUU, WWWWW , YYYYY, ZZZZZ, BBBBBB,
DDDDDD through HHHHHH, LLLLLL through TTTTTT, VVVVVV through EEEEEEE, and HHHHHHH
are adopted by reference and incorporated herein, and 40 CFR Part 63, Subparts ZZZZ
and JJJJJJ are by this reference adopted and incorporated herein only for sources
required to have a Title V or ACDP permit.
(2) Where "Administrator"
or "EPA" appears in 40 CFR Part 61 or 63, "DEQ" is substituted, except in any section
of 40 CFR Part 61 or 63, for which a federal rule or delegation specifically indicates
that authority will not be delegated to the state.
(3) 40 CFR Part 63 Subpart
M — Dry Cleaning Facilities using Perchloroethylene: The exemptions in 40
CFR 63.320(d) and (e) do not apply.
(4) 40 CFR Part 61 Subparts
adopted by this rule are titled as follows:
(a) Subpart A — General
Provisions;
(b) Subpart C — Beryllium;
(c) Subpart D — Beryllium
Rocket Motor Firing;
(d) Subpart E — Mercury;
(e) Subpart F — Vinyl
Chloride;
(f) Subpart J — Equipment
Leaks (Fugitive Emission Sources) of Benzene;
(g) Subpart L — Benzene
Emissions from Coke By-Product Recovery Plants;
(h) Subpart N — Inorganic
Arsenic Emissions from Glass Manufacturing Plants;
(i) Subpart O — Inorganic
Arsenic Emissions from Primary Copper Smelters;
(j) Subpart P — Inorganic
Arsenic Emissions from Arsenic Trioxide and Metal Arsenic Facilities;
(k) Subpart V — Equipment
Leaks (Fugitive Emission Sources);
(l) Subpart Y — Benzene
Emissions from Benzene Storage Vessels;
(m) Subpart BB — Benzene
Emissions from Benzene Transfer Operations; and
(n) Subpart FF — Benzene
Waste Operations.
(5) 40 CFR Part 63 Subparts
adopted by this rule are titled as follows:
(a) Subpart A — General
Provisions;
(b) Subpart F — SOCMI;
(c) Subpart G — SOCMI
— Process Vents, Storage Vessels, Transfer Operations, and Wastewater;
(d) Subpart H — SOCMI
— Equipment Leaks;
(e) Subpart I — Certain
Processes Subject to the Negotiated Regulation for Equipment Leaks;
(f) Subpart J — Polyvinyl
Chloride and Copolymers Production;
(g) Subpart L — Coke
Oven Batteries;
(h) Subpart M — Perchloroethylene
Air Emission Standards for Dry Cleaning Facilities;
(i) Subpart N — Chromium
Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing
Tanks;
(j) Subpart O — Ethylene
Oxide Emissions Standards for Sterilization Facilities;
(k) Subpart Q — Industrial
Process Cooling Towers;
(l) Subpart R — Gasoline
Distribution (Bulk Gasoline Terminals and Pipeline Breakout Stations);
(m) Subpart S — Pulp
and Paper Industry;
(n) Subpart T — Halogenated
Solvent Cleaning;
(o) Subpart U — Group
I Polymers and Resins;
(p) Subpart W — Epoxy
Resins and Non-Nylon Polyamides Production;
(q) Subpart X — Secondary
Lead Smelting;
(r) Subpart Y — Marine
Tank Vessel Loading Operations;
(s) Subpart AA — Phosphoric
Acid Manufacturing Plants;
(t) Subpart BB — Phosphate
Fertilizer Production Plants;
(u) Subpart CC — Petroleum
Refineries;
(v) Subpart DD — Off-Site
Waste and Recovery Operations;
(w) Subpart EE — Magnetic
Tape Manufacturing Operations;
(x) Subpart GG — Aerospace
Manufacturing and Rework Facilities;
(y) Subpart HH — Oil
and Natural Gas Production Facilities;
(z) Subpart II — Shipbuilding
and Ship Repair (Surface Coating);
(aa) Subpart JJ — Wood
Furniture Manufacturing Operations;
(bb) Subpart KK — Printing
and Publishing Industry;
(cc) Subpart LL — Primary
Aluminum Reduction Plants;
(dd) Subpart MM — Chemical
Recovery Combustion Sources at Kraft, Soda, Sulfite and Stand-Alone Semi-Chemical
Pulp Mills;
(ee) Subpart OO — Tanks
— Level 1;
(ff) Subpart PP — Containers;
(gg) Subpart QQ — Surface
Impoundments;
(hh) Subpart RR — Individual
Drain Systems;
(ii) Subpart SS — Closed
Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System
or a Process;
(jj) Subpart TT — Equipment
Leaks — Control Level 1;
(kk) Subpart UU — Equipment
Leaks — Control Level 2;
(ll) Subpart VV — Oil-Water
Separators and Organic-Water Separators;
(mm) Subpart WW — Storage
Vessels (Tanks) — Control Level 2;
(nn) Subpart XX — Ethylene
Manufacturing Process Units: Heat Exchange Systems and Waste Operations;
(oo) Subpart YY — Generic
Maximum Achievable Control Technology Standards;
(pp) Subpart CCC —
Steel Pickling — HCl Process Facilities and Hydrochloric Acid Regeneration
Plants;
(qq) Subpart DDD —
Mineral Wool Production;
(rr) Subpart EEE —
Hazardous Waste Combustors;
(ss) Subpart GGG —
Pharmaceuticals Production;
(tt) Subpart HHH —
Natural Gas Transmission and Storage Facilities;
(uu) Subpart III —
Flexible Polyurethane Foam Production;
(vv) Subpart JJJ —
Group IV Polymers and Resins;
(ww) Subpart LLL —
Portland Cement Manufacturing Industry;
(xx) Subpart MMM —
Pesticide Active Ingredient Production;
(yy) Subpart NNN —
Wool Fiberglass Manufacturing;
(zz) Subpart OOO —
Manufacture of Amino/Phenolic Resins;
(aaa) Subpart PPP —
Polyether Polyols Production;
(bbb) Subpart QQQ —
Primary Copper Smelting;
(ccc) Subpart RRR —
Secondary Aluminum Production;
(ddd) Subpart TTT —
Primary Lead Smelting;
(eee) Subpart UUU —
Petroleum Refineries — Catalytic Cracking Units, Catalytic Reforming Units,
and Sulfur Recovery Units;
(fff) Subpart VVV —
Publicly Owned Treatment Works;
(ggg) Subpart XXX —
Ferroalloys Production: Ferromanganese and Silicomanganese;
(hhh) Subpart AAAA —
Municipal Solid Waste Landfills;
(iii) Subpart CCCC —
Manufacturing of Nutritional Yeast;
(jjj) Subpart DDDD —
Plywood and Composite Wood Products;
(kkk) Subpart EEEE —
Organic Liquids Distribution (non-gasoline);
(lll) Subpart FFFF —
Miscellaneous Organic Chemical Manufacturing;
(mmm) Subpart GGGG —
Solvent Extraction for Vegetable Oil Production;
(nnn) Subpart HHHH —
Wet Formed Fiberglass Mat Production;
(ooo) Subpart IIII —
Surface Coating of Automobiles and Light-Duty Trucks;
(ppp) Subpart JJJJ —
Paper and Other Web Coating;
(qqq) Subpart KKKK —
Surface Coating of Metal Cans;
(rrr) Subpart MMMM —
Surface Coating of Miscellaneous Metal Parts and Products;
(sss) Subpart NNNN —
Surface Coating of Large Appliances;
(ttt) Subpart OOOO —
Printing, Coating, and Dyeing of Fabrics and Other Textiles;
(uuu) Subpart PPPP —
Surface Coating of Plastic Parts and Products;
(vvv) Subpart QQQQ —
Surface Coating of Wood Building Products;
(www) Subpart RRRR —
Surface Coating of Metal Furniture;
(xxx) Subpart SSSS —
Surface Coating of Metal Coil;
(yyy) Subpart TTTT —
Leather Finishing Operations;
(zzz) Subpart UUUU —
Cellulose Production Manufacturing;
(aaaa) Subpart VVVV —
Boat Manufacturing;
(bbbb) Subpart WWWW —
Reinforced Plastics Composites Production;
(cccc) Subpart XXXX —
Rubber Tire Manufacturing;
(dddd) Subpart YYYY —
Stationary Combustion Turbines;
(eeee) Subpart ZZZZ —
Reciprocating Internal Combustion Engines (adopted only for sources required to
have a Title V or ACDP permit);
(ffff) Subpart AAAAA —
Lime Manufacturing;
(gggg) Subpart BBBBB —
Semiconductor Manufacturing;
(hhhh) Subpart CCCCC —
Coke Ovens: Pushing, Quenching & Battery Stacks;
(iiii) Subpart DDDDD –
Industrial, Commercial, and Institutional Boilers and Process Heaters;
(jjjj) Subpart EEEEE —
Iron and Steel Foundries;
(kkkk) Subpart FFFFF —
Integrated Iron and Steel Manufacturing Facilities;
(llll) Subpart GGGGG —
Site Remediation;
(mmmm) Subpart HHHHH —
Misc. Coating Manufacturing;
(nnnn) Subpart IIIII —
Mercury Cell Chlor-Alkali Plants;
(oooo) Subpart JJJJJ —
Brick and Structural Clay Products Manufacturing;
(pppp) Subpart KKKKK —
Clay Ceramics Manufacturing;
(qqqq) Subpart LLLLL —
Asphalt Processing & Asphalt Roofing Manufacturing;
(rrrr) Subpart MMMMM —
Flexible Polyurethane Foam Fabrication Operations;
(ssss) Subpart NNNNN —
Hydrochloric Acid Production;
(tttt) Subpart PPPPP —
Engine Tests Cells/Stands;
(uuuu) Subpart QQQQQ —
Friction Materials Manufacturing Facilities;
(vvvv) Subpart RRRRR —
Taconite Iron Ore Processing;
(wwww) Subpart SSSSS —
Refractory Products Manufacturing;
(xxxx) Subpart TTTTT —
Primary Magnesium Refining;
(yyyy) Subpart UUUUU —
Coal- and Oil-Fired Electric Utility Steam Generating Units;
(zzzz) Subpart WWWWW —
Area Sources: Hospital Ethylene Oxide Sterilization;
(aaaaa) Subpart YYYYY —
Area Sources: Electric Arc Furnace Steelmaking Facilities;
(bbbbb) Subpart ZZZZZ —
Area Sources: Iron and Steel Foundries;
(ccccc) Subpart BBBBBB —
Area Sources: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities;
(ddddd) Subpart DDDDDD —
Area Sources: Polyvinyl Chloride and Copolymers Production;
(eeeee) Subpart EEEEEE —
Area Sources: Primary Copper Smelting;
(fffff) Subpart FFFFFF —
Area Sources: Secondary Copper Smelting;
(ggggg) Subpart GGGGGG —
Area Sources: Primary Nonferrous Metals — Zinc, Cadmium, and Beryllium;
(hhhhh) Subpart HHHHHH —
Area Sources: Paint Stripping and Miscellaneous Surface Coating Operations;
(iiiii) Subpart JJJJJJ —
Area Sources: Industrial, Commercial, and Institutional Boilers (adopted only for
sources required to have a Title V or ACDP permit);
(jjjjj) Subpart LLLLLL —
Area Sources: Acrylic and Modacrylic Fibers Production;
(kkkkk) Subpart MMMMMM —
Area Sources: Carbon Black Production;
(lllll) Subpart NNNNNN —
Area Sources: Chemical Manufacturing: Chromium Compounds;
(mmmmm) Subpart OOOOOO —
Area Sources: Flexible Polyurethane Foam Production;
(nnnnn) Subpart PPPPPP —
Area Sources: Lead Acid Battery Manufacturing;
(ooooo) Subpart QQQQQQ —
Area Sources: Wood Preserving;
(ppppp) Subpart RRRRRR —
Area Sources: Clay Ceramics Manufacturing;
(qqqqq) Subpart SSSSSS —
Area Sources: Glass Manufacturing;
(rrrrr) Subpart TTTTTT —
Area Sources: Secondary Nonferrous Metals Processing;
(sssss) Subpart VVVVVV –
Area Sources: Chemical Manufacturing;
(ttttt) Subpart WWWWWW —
Area Source: Plating and Polishing Operations;
(uuuuu) Subpart XXXXXX —
Area Source: Nine Metal Fabrication and Finishing Source Categories;
(vvvvv) Subpart YYYYYY —
Area Sources: Ferroalloys Production Facilities;
(wwwww) Subpart ZZZZZZ —
Area Sources: Aluminum, Copper, and Other Nonferrous Foundries;
(xxxxx) Subpart AAAAAAA –
Area Sources: Asphalt Processing and Asphalt Roofing Manufacturing;
(yyyyy) Subpart BBBBBBB —
Area Sources: Chemical Preparations Industry;
(zzzzz) Subpart CCCCCCC —
Area Sources: Paints and Allied Products Manufacturing;
(aaaaaa) Subpart DDDDDDD
— Area Sources: Prepared Feeds Manufacturing;
(bbbbbb) Subpart EEEEEEE
— Area Sources: Gold Mine Ore Processing and Production;
(cccccc) Subpart HHHHHHH
— Polyvinyl Chloride and Copolymers Production.
Stat. Auth.: ORS 468.020
Stats. Implemented: ORS 468A.025
Hist.: [DEQ 16-1995, f. &
cert. ef. 6-21-95; DEQ 28-1996, f. & cert. ef. 12-19-96; DEQ 18-1998, f. &
cert. ef. 10-5-98]; [DEQ 18-1993, f. & cert. ef. 11-4-93; DEQ 32-1994, f. &
cert. ef. 12-22-94]; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-032-0510,
340-032-5520; DEQ 11-2000, f. & cert. ef. 7-27-00; DEQ 15-2001, f. & cert.
ef. 12-26-01; DEQ 4-2003, f. & cert. ef. 2-06-03; DEQ 2-2005, f. & cert.
ef. 2-10-05; DEQ 2-2006, f. & cert. ef. 3-14-06; DEQ 15-2008, f. & cert.
ef 12-31-08; DEQ 8-2009, f. & cert. ef. 12-16-09; DEQ 1-2011, f. & cert.
ef. 2-24-11; DEQ 4-2013, f. & cert. ef. 3-27-13; DEQ 8-2015, f. & cert.
ef. 4-17-15
Emission Standards for Gasoline
Dispensing Facilities
340-244-0232
Purpose
This rule establishes emission limitations
and management practices for hazardous air pollutants and volatile organic compounds
emitted from the loading of gasoline storage tanks and dispensing of fuel at gasoline
dispensing facilities. This rule also establishes requirements to demonstrate compliance
with the emission limitations and management practices.
NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.
Stat. Auth.: ORS 468.020 & 468A.025
Stats. Implemented: ORS 468A.025
Hist.: DEQ 15-2008, f. &
cert. ef 12-31-08; DEQ 7-2015, f. & cert. ef. 4-16-15
340-244-0234
Affected Sources
(1) The affected source to which the
emission standards apply is each GDF. The affected source includes each gasoline
cargo tank during the delivery of product to a GDF and also includes each storage
tank.
(2) The emissions standards
in OAR 340-244-0236 through 340-244-0252 do not apply to agricultural operations
as defined in ORS 468A.020. Agricultural operations are however required to comply
with the Gasoline Dispensing NESHAP, if applicable (40 CFR part 63 subpart CCCCCC).
(3) All GDFs must comply
with the requirements of OAR 340-244-0240.
(4) The owner or operator
of a GDF must comply with the requirements of OAR 340-244-0242 for the following
gasoline storage tanks:
(a) All tanks with a capacity
of 250 gallons or more located at GDFs:
(A) Whose annual throughput
is480,000 gallons of gasoline or more;
(B) Whose monthly throughput
is 100,000 gallons of gasoline or more; or
(C) In Clackamas, Multnomah,
or Washington County whose annual throughput is 120,000 gallons of gasoline or more.
(b) All tanks with a capacity
of 1,500 gallons or more located at GDFs in the Portland AQMA, Medford AQMA, or
Salem-Keizer in the SKATS.
(5) The owner or operator
of a GDF must comply with the requirements of OAR 340-244-0242(4) for any gasoline
storage tank equipped with a vapor balance system.
(6) An affected source must,
upon request by DEQ or the EPA Administrator, demonstrate its annual or monthly
throughput. For new or reconstructed affected sources, as specified in OAR 340-244-0236(2)
and (3), recordkeeping to document monthly throughput must begin upon startup of
the affected source. For existing sources, as specified in 340-244-0236(4), recordkeeping
to document monthly throughput must begin on January 10, 2008. For existing sources
that are subject only because they load gasoline into fuel tanks other than those
in motor vehicles, as defined in 340-244-0030, recordkeeping to document monthly
throughput must begin on Jan. 24, 2011. Records required under this section must
be kept for a period of 5 years.
(7) The owner or operator
of an affected source, as defined in section (1), is not required to obtain an Oregon
Title V Operating Permit as a result of being subject to OAR 340-244-0236 through
340-244-0252. However, the owner or operator of an affected source must still apply
for and obtain an Oregon Title V Operating Permit if meeting one or more of the
applicability criteria found in 340-218-0020.
(8) The loading of aviation
gasoline storage tanks at airports, and the subsequent transfer of aviation gasoline
within the airport, is not subject to OAR 340-244-0236 through 340-244-0252, except
in the Portland AQMA, Medford AQMA, Salem-Keizer in the SKATS, and Clackamas, Multnomah,
and Washington Counties. In these geographic areas, aviation gasoline is subject
to 340-244-0236 through 340-244-0252.
(9) Monthly throughput is
the total volume of gasoline loaded into, or dispensed from, all the gasoline storage
tanks located at a single affected GDF. If an area source has two or more GDFs at
separate locations within the area source, each GDF is treated as a separate affected
source.
(10) If the affected source’s
throughput ever exceeds an applicable throughput threshold, the affected source
will remain subject to the requirements for sources above the threshold, even if
the affected source throughput later falls below the applicable throughput threshold.
(11) The dispensing of gasoline
from a fixed gasoline storage tank at a GDF into a portable gasoline tank for the
on-site delivery and subsequent dispensing of the gasoline into the fuel tank of
a motor vehicle or other gasoline-fueled engine or equipment used within the area
source is only subject to OAR 340-244-0240(1).
(12) For any affected source
subject to the provisions of OAR 340-244-0232 through 340-244-0252 and another federal
rule, the owner or operator may elect to comply only with the more stringent provisions
of the applicable rules. The owner or operator of an affected source must consider
all provisions of the rules, including monitoring, recordkeeping, and reporting.
The owner or operator of an affected source must identify the affected source and
provisions with which the owner or operator of an affected source will comply in
the Notification of Compliance Status required under 340-244-0246. The owner or
operator of an affected source also must demonstrate in the Notification of Compliance
Status that each provision with which the owner or operator of an affected source
will comply is at least as stringent as the otherwise applicable requirements in
340-244-0232 through 340-244-0252. The owner or operator of an affected source is
responsible for making accurate determinations concerning the more stringent provisions,
and noncompliance with this rule is not excused if it is later determined that your
determination was in error, and, as a result, the owner or operator of an affected
source is violating 340-244-0232 through 340-244-0252. Compliance with this rule
is the owner’s or operator’s responsibility and the Notification of
Compliance Status does not alter or affect that responsibility.
NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.
Stat. Auth.: ORS 468.020 & 468A.025
Stats. Implemented: ORS 468A.025
Hist.: DEQ 15-2008, f. &
cert. ef 12-31-08; DEQ 1-2011, f. & cert. ef. 2-24-11; DEQ 4-2013, f. &
cert. ef. 3-27-13; DEQ 7-2015, f. & cert. ef. 4-16-15
340-244-0236
Affected Equipment or Processes
(1) The emission sources to which this
rule applies are gasoline storage tanks and associated equipment components in vapor
or liquid gasoline service at new, reconstructed, or existing GDF that meet the
criteria specified in OAR 340-244-0234. Pressure/vacuum vents on gasoline storage
tanks and the equipment necessary to unload product from cargo tanks into the storage
tanks at GDF are covered emission sources.
(2) An affected source is
a new affected source if construction commenced on the affected source after Nov.
9, 2006, and the applicability criteria in OAR 340-244-0234 are met at the time
operation commenced.
(3) An affected source is
reconstructed if meeting the criteria for reconstruction as defined in 40 CFR 63.2.
(4) An affected source is
an existing affected source if it is not new or reconstructed.
NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.
Stat. Auth.: ORS 468.020 & 468A.025
Stats. Implemented: ORS 468A.025
Hist.: DEQ 15-2008, f. &
cert. ef 12-31-08; DEQ 1-2011, f. & cert. ef. 2-24-11; DEQ 7-2015, f. &
cert. ef. 4-16-15
340-244-0238
Compliance Dates
(1) For a new or reconstructed affected
source, the owner or operator must comply with the standards in OAR 340-244-0240
and 340-244-0242, as applicable, no later than Jan. 10, 2008 or upon startup, whichever
is later, except as follows:
(a) The owner or operator
of a new or reconstructed GDF must comply with OAR 340-244-0240(1)(b) and (c) no
later than July 1, 2009 or upon startup, whichever is later.
(b) For tanks located at
a GDF with average monthly throughput of less than 10,000 gallons of gasoline, the
owner or operator must comply with the standards in OAR 340-244-0240(3) no later
than Dec. 13, 2009.
(c) For tanks located at
a GDF with average monthly throughput less than 100,000 gallons of gasoline and
not listed in OAR 340-244-0234(4)(a)(C) or (4)(b), must comply with 340-244-0242,
as applicable, no later than Dec. 13, 2009 or upon startup, whichever is later.
(d) The owner or operator
of a GDF subject to Table 2 of OAR 340-244-0242 must comply no later than Sep. 23,
2008 or upon startup, whichever is later.
(2) For an existing affected
source, the owner or operator must comply with the standards in OAR 340-244-0240
and 340-244-0242, as applicable, by no later than Jan. 10, 2011, except as follows:
(a) For tanks with a capacity
between 1,500 and 40,000 gallons and located in the Portland AQMA, Medford AQMA,
or Salem SATS, the owner or operator must comply with the standards in OAR 340-244-0240(3)
and 340-244-0242 no later than Dec. 13, 2008.
(b) For tanks located at
an affected source located in Clackamas, Multnomah, or Washington County, whose
annual throughput exceeds 120,000 gallons, the owner or operator must comply with
the standards in OAR 340-244-0240(3) and 340-244-0242 no later than Dec. 13, 2008.
(c) The owner or operator
of an existing GDF must comply with OAR 340-244-0240(1)(b) and (c) no later than
July 1, 2009 or upon startup, whichever is later.
(3) For an existing affected
source that becomes subject to the control requirements in OAR 340-244-0242 because
of an increase in the monthly throughput, as specified in 340-244-0234(4), the owner
or operator must comply with the standards 340-244-0242 no later than 3 years after
the affected source becomes subject to the control requirements in 340-244-0242.
(4) The initial compliance
demonstration test required under OAR 340-244-0244(1)(a) and (b) must be conducted
as specified in subsections (4)(a) and (b).
(a) For a new or reconstructed
affected source, the owner or operator must conduct the initial compliance test
upon installation of the complete vapor balance system.
(b) For an existing affected
source, the owner or operator must conduct the initial compliance test as specified
in paragraph (4)(b)(A) or (B) of this rule.
(A) For vapor balance systems
installed on or before Dec. 15, 2009 at a GDF whose average monthly throughput is
100,000 gallons of gasoline or more, the owner or operator must test no later than
180 days after the applicable compliance date specified in section (2) or (3).
(B) For vapor balance systems
installed after Dec. 15, 2009, the owner or operator must test upon installation
of a complete vapor balance system or a new gasoline storage tank.
(C) For a GDF whose average
monthly throughput is less than or equal to 100,000 gallons of gasoline, the owner
or operator is only required to test upon installation of a complete vapor balance
system or a new gasoline storage tank.
(5) If the GDF is subject
to the control requirements in OAR 340-244-0232 through 340-244-0252 only because
it loads gasoline into fuel tanks other than those in motor vehicles, as defined
in 340-244-0030, the owner or operator of the GDF must comply with the standards
in 340-244-0232 through 340-244-0252 as specified in subsections (5)(a) and (b).
(a) If the GDF is an existing
facility, the owner or operator of the GDF must comply by Jan. 24, 2014.
(b) If the GDF is a new or
reconstructed facility, the owner or operator of the GDF must comply by the dates
specified in paragraphs (5)(b)(A) and (B).
(A) If startup of the GDF
is after Dec. 15, 2009, but before January 24, 2011, the owner or operator of the
GDF must comply no later than Jan. 24, 2011.
(B) If startup of the GDF
is after Jan. 24, 2011, the owner or operator of the GDF must comply upon startup
of the GDF.
NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.
[ED. NOTE: Tables referenced are available
from the agency.]
Stat. Auth.: ORS 468.020
& 468A.025
Stats. Implemented: ORS 468A.025
Hist.: DEQ 15-2008, f. &
cert. ef 12-31-08; DEQ 8-2009, f. & cert. ef. 12-16-09; DEQ 1-2011, f. &
cert. ef. 2-24-11; DEQ 4-2013, f. & cert. ef. 3-27-13; DEQ 7-2015, f. &
cert. ef. 4-16-15
Emission Limitations and Management
Practices
340-244-0239
General Duties to Minimize Emissions
Each owner or operator of an affected
source must comply with the requirements of sections (1) and (2).
(1) The owner or operator
of an affected source must, at all times, operate and maintain any affected source,
including associated air pollution control equipment and monitoring equipment, in
a manner consistent with safety and good air pollution control practices for minimizing
emissions. Determination of whether such operation and maintenance procedures are
being used will be based on information available to DEQ and the EPA Administrator
which may include, but is not limited to, monitoring results, review of operation
and maintenance procedures, review of operation and maintenance records, and inspection
of the source.
(2) The owner or operator
of an affected source must keep applicable records and submit reports as specified
in OAR 340-244-0248(4) and 340-244-0250(2).
Stat. Auth.: ORS 468.020, 468A.025 &
468A.050
Stats. Implemented: ORS 468A.025
& 468A.050
Hist.: DEQ 4-2013, f. &
cert. ef. 3-27-13; DEQ 7-2015, f. & cert. ef. 4-16-15
340-244-0240
Work Practice and Submerged Fill
Requirements
(1) The owner or operator of a GDF must
not allow gasoline to be handled in a manner that would result in vapor releases
to the atmosphere for extended periods of time. Measures to be taken include, but
are not limited to, the following:
(a) Minimize gasoline spills;
(b) Do not top off or overfill
vehicle tanks. If a person can confirm that a vehicle tank is not full after the
nozzle clicks off, such as by checking the vehicle’s fuel tank gauge, the
person may continue to dispense fuel using best judgment and caution to prevent
a spill;
(c) Post a sign at the GDF
instructing a person filling up a motor vehicle to not top off the vehicle tank;
(d) Clean up spills as expeditiously
as practicable;
(e) Cover all open gasoline
containers and all gasoline storage tank fill-pipes with a gasketed seal when not
in use;
(f) Minimize gasoline sent
to open waste collection systems that collect and transport gasoline to reclamation
and recycling devices, such as oil/water separators.
(g) Ensure that cargo tanks
unloading at the GDF comply with subsections (1)(a) through (e).
(2) Any cargo tank unloading
at a GDF equipped with a functional vapor balance system must connect to the vapor
balance system whenever gasoline is being loaded.
(3) Except as specified in
section (4), the owner or operator of a GDF must only load gasoline into storage
tanks at the facility by utilizing submerged filling, as defined in OAR 340-244-0030,
and as specified in subsection (3)(a), (3)(b), or (3)(c). The applicable distances
in subsections (3)(a) and (3)(b) must be measured from the point in the opening
of the submerged fill pipe that is the greatest distance from the bottom of the
storage tank.
(a) Submerged fill pipes
installed on or before Nov. 9, 2006, must be no more than 12 inches from the bottom
of the storage tank.
(b) Submerged fill pipes
installed after Nov. 9, 2006, must be no more than 6 inches from the bottom of the
storage tank.
(c) Submerged fill pipes
not meeting the specifications of subsection (3)(a) or (3)(b) are allowed if the
owner or operator of a GDF can demonstrate that the liquid level in the tank is
always above the entire opening of the fill pipe. Documentation providing such demonstration
must be made available for inspection by DEQ and the EPA Administrator during the
course of a site visit.
(4) Gasoline storage tanks
with a capacity of less than 250 gallons are not subject to the submerged fill requirements
in section (3).
(5) The owner or operator
of a GDF must submit the applicable notifications as required under OAR 340-244-0246.
(6) The owner or operator
of a GDF must have records available within 24 hours of a request by DEQ or the
EPA Administrator to document gasoline throughput.
(7) The owner or operator
of a GDF must comply with the requirements of this rule by the applicable dates
specified in OAR 340-244-0238.
(8) Portable gasoline containers
that meet the requirements of 40 CFR part 59 subpart F are considered acceptable
for compliance with subsection (1)(e).
NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.
Stat. Auth.: ORS 468.020 & 468A.025
Stats. Implemented: ORS 468A.025
Hist.: DEQ 15-2008, f. &
cert. ef 12-31-08; DEQ 8-2009, f. & cert. ef. 12-16-09; DEQ 4-2013, f. &
cert. ef. 3-27-13; DEQ 7-2015, f. & cert. ef. 4-16-15
340-244-0242
Vapor Balance Requirements
(1) Except as provided in section (2),
the owner or operator of a gasoline storage tank listed in OAR 340-244-0234(4),
must meet the requirements in either subsection (1)(a) or (1)(b).
(a) Each management practice
in Table 2 of OAR 340-244-0242 that applies to the GDF.
(b) If, prior to Jan. 10,
2008, the owner or operator of a GDF operates a vapor balance system at the GDF
that meets the requirements of either paragraph (1)(b)(A) or (1)(b)(B), the owner
or operator of a GDF will be deemed in compliance with this section.
(A) Achieves emissions reduction
of at least 90 percent.
(B) Operates using management
practices at least as stringent as those in Table 2 of OAR 340-244-0242 .
(2) Gasoline storage tanks
equipped with floating roofs or the equivalent are not subject to the control requirements
in section (1).
(3) The owner or operator
of a cargo tank unloading at a GDF must comply with the requirements of OAR 340-244-0240(1)
and management practices in Table 3 of 340-244-0242.
(4) The owner or operator
of a GDF subject to section (1) or having a gasoline storage tank equipped with
a vapor balance system, must comply with the following requirements on and after
the applicable compliance date in OAR 340-244-0238:
(a) When loading a gasoline
storage tank equipped with a vapor balance system, connect and ensure the proper
operation of the vapor balance system whenever gasoline is being loaded.
(b) Maintain all equipment
associated with the vapor balance system to be vapor tight and in good working order.
(c) In order to ensure that
the vapor balance equipment is maintained to be vapor tight and in good working
order, have the vapor balance equipment inspected on an annual basis to discover
potential or actual equipment failures.
(d) Replace, repair or modify
any worn or ineffective component or design element within 24 hours to ensure the
vapor-tight integrity and efficiency of the vapor balance system. If repair parts
must be ordered, either a written or verbal order for those parts must be initiated
within 2 working days of detecting such a leak. Such repair parts must be installed
within 5 working days after receipt.
(5) The owner or operator
of a GDF subject to section (1) must also comply with the following requirements:
(a) The applicable testing
requirements in OAR 340-244-0244.
(b) The applicable notification
requirements in OAR 340-244-0246.
(c) The applicable recordkeeping
and reporting requirements in OAR 340-244-0248 and 340-244-0250.
(d) The owner or operator
of a GDF must have records available within 24 hours of a request by DEQ or the
EPA Administrator to document gasoline throughput.
NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.
[ED. NOTE: Tables referenced are not included in rule text. Click here for PDF copy of table(s).]
Stat. Auth.: ORS 468.020,
468A.025 & 468A.050
Stats. Implemented: ORS 468A.025
& 468A.050
Hist.: DEQ 15-2008, f. &
cert. ef 12-31-08; DEQ 8-2009, f. & cert. ef. 12-16-09; DEQ 1-2011, f. &
cert. ef. 2-24-11; DEQ 4-2013, f. & cert. ef. 3-27-13; DEQ 7-2015, f. &
cert. ef. 4-16-15
Testing and Monitoring Requirements
340-244-0244
Testing and Monitoring Requirements
(1) Each owner or operator of a GDF,
at time of installation, as specified in OAR 340-244-0238(4), of a vapor balance
system required under 340-244-0242(1)(a), and every 3 years thereafter at a GDF
with monthly throughput of 100,000 gallons of gasoline or more, must comply with
the requirements in subsections (1)(a) and (b).
(a) The owner or operator
of a GDF must demonstrate compliance with the leak rate and cracking pressure requirements,
specified in item 1(g) of Table 2 of OAR 340-244-0242, for pressure-vacuum vent
valves installed on gasoline storage tanks using the test methods identified in
paragraph (1)(a)(A) or (B).
(A) California Air Resources
Board Vapor Recovery Test Procedure TP–201.1E, — Leak Rate and Cracking
Pressure of Pressure/Vacuum Vent Valves, adopted Oct. 8, 2003 (incorporated by reference,
see 40 CFR 63.14).
(B) Use alternative test
methods and procedures in accordance with the alternative test method requirements
in 40 CFR 63.7(f).
(b) The owner or operator
of a GDF must demonstrate compliance with the static pressure performance requirement,
specified in item 1(h) of Table 2 of OAR 340-244-0242, for the vapor balance system
by conducting a static pressure test on the gasoline storage tanks using the test
methods identified in paragraph (1)(b)(A), (1)(b)(B), or (1)(b)(C).
(A) California Air Resources
Board Vapor Recovery Test Procedure TP–201.3, — Determination of 2-Inch
WC Static Pressure Performance of Vapor Recovery Systems of Dispensing Facilities,
adopted April 12, 1996, and amended March 17, 1999 (incorporated by reference, see
40 CFR 63.14).
(B) Use alternative test
methods and procedures in accordance with the alternative test method requirements
in 40 CFR 63.7(f).
(C) Bay Area Air Quality
Management District Source Test Procedure ST-30 — Static Pressure Integrity
Test — Underground Storage Tanks, adopted Nov. 30, 1983, and amended Dec.
21, 1994 (incorporated by reference, see 40 CFR 63.14).
(2) Each owner or operator
of a GDF, choosing, under the provisions of 40 CFR 63.6(g), to use a vapor balance
system other than that described in Table 2 of OAR 340-244-0242, must demonstrate
to DEQ or upon request by the EPA Administrator, the equivalency of their vapor
balance system to that described in Table 2 of OAR 340-244-0242 using the procedures
specified in subsections (2)(a) through (c).
(a) The owner or operator
of a GDF must demonstrate initial compliance by conducting an initial performance
test on the vapor balance system to demonstrate that the vapor balance system achieves
95 percent reduction using the California Air Resources Board Vapor Recovery Test
Procedure TP-201.1, — Volumetric Efficiency for Phase I Vapor Recovery Systems,
adopted April 12, 1996, and amended Feb. 1, 2001, and Oct. 8, 2003, incorporated
by reference, see 40 CFR 63.14.
(b) The owner or operator
of a GDF must, during the initial performance test required under subsection (2)(a),
determine and document alternative acceptable values for the leak rate and cracking
pressure requirements specified in item 1(g) of Table 2 of OAR 340-244-0242 and
for the static pressure performance requirement in item 1(h) of Table 2 of 340-244-0242.
(c) The owner or operator
of a GDF must comply with the testing requirements specified in section (1).
(3) Conduct of performance
tests. Performance tests must be conducted under such conditions as DEQ or the EPA
Administrator specifies to the owner or operator of a GDF based on representative
performance, i.e., performance based on normal operating conditions, of the affected
source. Upon request by DEQ or the EPA Administrator, the owner or operator of a
GDF must make available such records as may be necessary to determine the conditions
of performance tests.
(4) Owners and operators
of gasoline cargo tanks subject to the provisions of Table 3 of OAR 340-244-0242
must conduct annual certification testing according to the vapor tightness testing
requirements found in 40 CFR 63.11092(f).
NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.
[ED. NOTE: Tables referenced are
available from the agency.]
Stat. Auth.: ORS 468.020, 468A.025 &
468A.070
Stats. Implemented: ORS 468A.025
& 468A.070
Hist.: DEQ 15-2008, f. &
cert. ef 12-31-08; DEQ 1-2011, f. & cert. ef. 2-24-11; DEQ 4-2013, f. &
cert. ef. 3-27-13; DEQ 7-2015, f. & cert. ef. 4-16-15
Notifications, Records, and Reports
340-244-0246
Notifications
(1) Each owner or operator of a GDF
subject to the control requirements in OAR 340-244-0240(3) must comply with subsections
(1)(a) through (c).
(a) The owner or operator
of a GDF must submit an Initial Notification that the owner or operator is subject
to the Gasoline Dispensing Facilities NESHAP by May 9, 2008, or at the time the
owner or operator becomes subject to the control requirements in OAR 340-244-0240(3),
unless the owner or operator meets the requirements in subsection (1)(c). If the
owner or operator of a GDF is subject to the control requirements in 340-244-0240(3)
only because the owner or operator loads gasoline into fuel tanks other than those
in motor vehicles, as defined on 340-244-0030, the owner or operator must submit
the initial notification by May 24, 2011. The Initial Notification must contain
the information specified in paragraphs (1)(a)(A) through (D). The notification
must be submitted to EPA’s Region 10 Office and DEQ as specified in 40 CFR
63.13.
(A) The name and address
of the owner and the operator.
(B) The address, i.e., physical
location, of the GDF.
(C) The volume of gasoline
loaded into all storage tanks or on the volume of gasoline dispensed from all storage
tanks during the previous twelve months.
(D) A statement that the
notification is being submitted in response to the Gasoline Dispensing Facilities
NESHAP and identifying the requirements in OAR 340-244-0240(1) through (3) that
apply to the owner or operator of a GDF.
(b) The owner or operator
of a GDF must submit a Notification of Compliance Status to EPA’s Region 10
Office and DEQ, as specified in 40 CFR 63.13, within 60 days of the applicable compliance
date specified in OAR 340-244-0238, unless the owner or operator meets the requirements
in subsection (1)(c). The Notification of Compliance Status must be signed by a
responsible official who must certify its accuracy, must indicate whether the source
has complied with the requirements of 340-244-0232 through 340-244-0252, and must
indicate whether the facility’s monthly throughput is calculated based on
the volume of gasoline loaded into all storage tanks or on the volume of gasoline
dispensed from all storage tanks. If the facility is in compliance with the requirements
of 340-244-0232 through 340-244-0252 at the time the Initial Notification required
under subsection (1)(a) of this rule is due, the Notification of Compliance Status
may be submitted in lieu of the Initial Notification provided it contains the information
required under subsection (1)(a).
(c) If, prior to Jan. 10,
2008, the owner or operator of a GDF is operating in compliance with an enforceable
State rule or permit that requires submerged fill as specified in OAR 340-244-0240(3),
the owner or operator is not required to submit an Initial Notification or a Notification
of Compliance Status under subsection (1)(a) or (b).
(2) Each owner or operator
of a GDF subject to the control requirements in OAR 340-244-0242 must comply with
subsections (2)(a) through (e).
(a) The owner or operator
of a GDF must submit an Initial Notification that the owner or operator is subject
to the Gasoline Dispensing Facilities NESHAP by May 9, 2008, or at the time the
owner or operator becomes subject to the control requirements in OAR 340-244-0242.
If the owner or operator of a GDF is subject to the control requirements in 340-244-0242
only because the owner or operator loads gasoline into fuel tanks other than those
in motor vehicles, as defined on 340-244-0030, the owner or operator must submit
the initial notification by May 24, 2011. The Initial Notification must contain
the information specified in paragraphs (2)(a)(A) through (C). The notification
must be submitted to EPA’s Region 10 Office and DEQ as specified in 40 CFR
63.13.
(A) The name and address
of the owner and the operator.
(B) The address, i.e., physical
location, of the GDF.
(C) The volume of gasoline
loaded into all storage tanks or on the volume of gasoline dispensed from all storage
tanks during the previous twelve months.
(D) A statement that the
notification is being submitted in response to the Gasoline Dispensing Facilities
NESHAP and identifying the requirements in OAR 340-244-0242 that apply to the owner
or operator of a GDF.
(b) The owner or operator
of a GDF must submit a Notification of Compliance Status to EPA’s Regional
10 Office and DEQ, as specified in 40 CFR 63.13, in accordance with the schedule
specified in 40 CFR 63.9(h). The Notification of Compliance Status must be signed
by a responsible official who must certify its accuracy, must indicate whether the
source has complied with the requirements of OAR 340-244-0232 through 340-244-0252,
and must indicate whether the facility’s monthly throughput is calculated
based on the volume of gasoline loaded into all storage tanks or on the volume of
gasoline dispensed from all storage tanks. If the facility is in compliance with
the requirements 340-244-0232 through 340-244-0252 at the time the Initial Notification
required under subsection (2)(a) is due, the Notification of Compliance Status may
be submitted in lieu of the Initial Notification provided it contains the information
required under subsection (2)(a).
(c) If, prior to January
10, 2008, the owner or operator of a GDF satisfies the requirements in both paragraphs
(2)(c)(A) and (B), the owner or operator is not required to submit an Initial Notification
or a Notification of Compliance Status under subsections (2)(a) or (b).
(A) The owner or operator
of a GDF operates a vapor balance system at the gasoline dispensing facility that
meets the requirements of either subparagraphs (2)(c)(A)(i) or (ii).
(i) Achieves emissions reduction
of at least 90 percent.
(ii) Operates using management
practices at least as stringent as those in Table 2 of OAR 340-244-0242.
(B) The GDF is in compliance
with an enforceable State rule or permit that contains requirements of subparagraphs
(2)(c)(A)(i) and (ii).
(d) The owner or operator
of a GDF must submit a Notification of Performance Test, as specified in 40 CFR
63.9(e), prior to initiating testing required by OAR 340-244-0244(1) and (2).
(e) The owner or operator
of a GDF must submit additional notifications specified in 40 CFR 63.9, as applicable.
NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.
[ED. NOTE: Tables referenced are
available from the agency.]
Stat. Auth.: ORS 468.020, 468A.025 &
468A.050
Stats. Implemented: ORS 468A.025
& 468A.050
Hist.: DEQ 15-2008, f. &
cert. ef 12-31-08; DEQ 8-2009, f. & cert. ef. 12-16-09; DEQ 4-2013, f. &
cert. ef. 3-27-13; DEQ 7-2015, f. & cert. ef. 4-16-15
340-244-0248
Recordkeeping Requirements
(1) Each owner or operator of a GDF
must keep the following records:
(a) Records of all tests
performed under OAR 340-244-0244(1) and (2);
(b) Records related to the
operation and maintenance of vapor balance equipment required under OAR 340-244-0242.
Any vapor balance component defect must be logged and tracked by station personnel
using forms provided by DEQ or a reasonable facsimile.
(c) Records of total throughput
volume of gasoline, in gallons, for each calendar month.
(d) Records of permanent
changes made at the GDF and vapor balance equipment which may affect emissions.
(2) Records required under
section (1) must be kept for a period of 5 years and must be made available for
inspection by DEQ and the EPA Administrator during the course of a site visit.
(3) Each owner or operator
of a gasoline cargo tank subject to the management practices in Table 3 of OAR 340-244-0242
must keep records documenting vapor tightness testing for a period of 5 years. Documentation
must include each of the items specified in 40 CFR 63.11094(b)(2)(i) through (viii).
Records of vapor tightness testing must be retained as specified in either subsection
(3)(a) or (b).
(a) The owner or operator
of a gasoline cargo tank must keep all vapor tightness testing records with the
cargo tank.
(b) As an alternative to
keeping all records with the cargo tank, the owner or operator of a gasoline cargo
tank may comply with the requirements of paragraphs (3)(a)(A) and (B).
(A) The owner or operator
of a gasoline cargo tank may keep records of only the most recent vapor tightness
test with the cargo tank and keep records for the previous 4 years at their office
or another central location.
(B) Vapor tightness testing
records that are kept at a location other than with the cargo tank must be instantly
available (e.g., via e-mail or facsimile) to DEQ and the EPA Administrator during
the course of a site visit or within a mutually agreeable time frame. Such records
must be an exact duplicate image of the original paper copy record with certifying
signatures.
(4) Each owner or operator
of a GDF must keep records as specified in subsections (4)(a) and (b).
(a) Records of the occurrence
and duration of each malfunction of operation, i.e., process equipment, or the air
pollution control and monitoring equipment.
(b) Records of actions taken
during periods of malfunction to minimize emissions in accordance with OAR 340-244-0239(1),
including corrective actions to restore malfunctioning process and air pollution
control and monitoring equipment to its normal or usual manner of operation.
NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040.
[ED. NOTE: Tables referenced are
available from the agency.]
Stat. Auth.: ORS 468.020, 468A.025 &
468A.050
Stats. Implemented: ORS 468A.025
& 468A.050
Hist.: DEQ 15-2008, f. &
cert. ef 12-31-08; DEQ 1-2011, f. & cert. ef. 2-24-11; DEQ 4-2013, f. &
cert. ef. 3-27-13; DEQ 7-2015, f. & cert. ef. 4-16-15
340-244-0250
Reporting Requirements
(1) Each owner or operator of a GDF
subject to the management practices in OAR 340-244-0242 must report to DEQ and the
EPA Administrator the results of all volumetric efficiency tests required under
OAR 340-244-0244(1) and (2). Reports submitted under this rule must be submitted
within 180 days of the completion of the performance testing.
(2) Annual report. Each owner
or operator of a GDF that has monthly throughput of 10,000 gallons of gasoline or
more must report, by February 15 of each year, the following information, as applicable.
(a) The total throughput
volume of gasoline, in gallons, for each calendar month.
(b) A summary of changes
made at the facility on vapor recovery equipment which may affect emissions.
(c) List of all major maintenance
performed on pollution control devices.
(d) The number, duration,
and a brief description of each type of malfunction which occurred during the previous
calendar year and which caused or may have caused any applicable emission limitation
to be exceeded.
(e) A description of actions
taken by the owner or operator of a GDF during a malfunction to minimize emissions
in accordance with OAR 340-244-0239(1), including actions taken to correct a malfunction.
NOTE: This rule is included in the
State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental
Quality Commission under OAR 340-200-0040.
Stat. Auth.: ORS 468.020, 468A.025 &
468A.050
Stats. Implemented: ORS 468A.025
& 468A.050
Hist.: DEQ 15-2008, f. &
cert. ef 12-31-08; DEQ 4-2013, f. & cert. ef. 3-27-13; DEQ 7-2015, f. &
cert. ef. 4-16-15
340-244-0252
General Provision Applicability
Table 3 to 40 CFR part 63 subpart CCCCCC shows which parts of the General Provisions apply to the owner or operator.
[ED. NOTE: Tables referenced are available from the agency.]
Stat. Auth.: ORS 468.020 & 468A.025

Stats. Implemented: ORS 468A.025

Hist.: DEQ 15-2008, f. & cert. ef 12-31-08

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