Dona Hippert

11723 SW 47th Ave.

Portland, OR 97219

<hippert@lclark.edu>

# 

June 16, 2005

# 

# Re: Docket ID No. OAR-2003-0180

Dear Environmental Protection Agency,

I very much appreciate the opportunity to comment on potentially
inadequate monitoring requirements in State SIPs. However, I feel that
the time allotted for drafting these comments is grossly inadequate. I
have been out of the country since March 15^th^, so have not been able
to research the Oregon SIP in as much depth as I would have liked. As
the request for a 120-day extension was not granted, I make these
preliminary comments now to bring to EPA's attention the inadequacy of
the monitoring requirements in Oregon's SIP.

The language of the monitoring requirements is quite vague, echoing the
language in EPA's regulations that a permit should include monitoring
sufficient to assure compliance. Although the monitoring provisions
suggest ways to determine the amount of emissions from a source, there
doesn't appear to be any requirement as to the frequency of the
monitoring to be conducted. I am attaching samples of the monitoring
provisions in the Oregon Administrative Rules. If EPA will not allow the
public more time to comment, I hope that EPA will at least take a hard
look at the rules for those of us in the State of Oregon.

Thank you for this opportunity to comment, and I hope to be submitting
more detailed comments to EPA in the near future.

Sincerely,

Dona Hippert

**[Samples of Oregon Administrative Rules on Monitoring:]{.underline}**

**340-212-0110**

**Applicability**

OAR 340-212-0110 through 340-212-0160 apply to all stationary sources in
the state.

\[**NOTE:** This rule is included in the State of Oregon Clean Air Act
Implementation Plan as adopted by the EQC under OAR 340-200-0040.\]

Stat. Auth.: ORS 468 & ORS 468A\
Stats. Implemented: ORS 468 & ORS 468A\
Hist.: DEQ 12-1993, f. & cert. ef. 9-24-93; DEQ 19-1993, f. & cert. ef.
11-4-93; DEQ 22-1995, f. & cert. ef. 10-6-95; DEQ 14-1999, f. & cert.
ef. 10-14-99, Renumbered from 340-028-0900

**340-212-0120**

**Program**

\(1\) As part of its coordinated program of air quality control and
preventing and abating air pollution, the Department may:

\(a\) Require the owner or operator of a stationary source to determine
the type, quantity, quality, and duration of the emissions from any air
contamination source;

\(b\) Require full reporting in writing of all test procedures and
signed by the person or persons responsible for conducting the tests;

\(c\) Require continuous monitoring of specified air contaminant
emissions or parameters and periodic regular reporting of the results of
such monitoring.

\(2\) The Department may require an owner or operator of a source to
provide emission testing facilities as follows:

\(a\) Sampling ports, safe sampling platforms, and access to sampling
platforms adequate for test methods applicable to such source; and

\(b\) Utilities for sampling and testing equipment.

\(3\) Testing must be conducted in accordance with the Department\'s
**Source Sampling Manual (January 1992)**, the Department\'s
**Continuous Monitoring Manual (January 1992)**, or an applicable EPA
Reference Method unless the Department, if allowed under applicable
federal requirements:

\(a\) Specifies or approves minor changes in methodology in specific
cases;

\(b\) Approves the use of an equivalent method or alternative method
that will provide adequate results;

\(c\) Waives the testing requirement because the owner or operator has
satisfied the Department that the affected facility is in compliance
with applicable requirements; or

\(d\) Approves shorter sampling times and smaller sample volumes when
necessitated by process variables or other factors.

\[**NOTE:** This rule is included in the State of Oregon Clean Air Act
Implementation Plan as adopted by the EQC under OAR 340-200-0040.\]

\[Publications: The publication(s) referenced in this rule is available
from the agency.\]

Stat. Auth.: ORS 468 & ORS 468A\
Stats. Implemented: ORS 468 & ORS 468A\
Hist.: DEQ 15, f. 6-12-70, ef. 9-1-70; DEQ 4-1993, f. & cert. ef.
3-10-93; DEQ 12-1993, f. & cert. ef. 9-24-93; Renumbered from 340-020
0035; DEQ 19-1993, f. & cert. ef. 11-4-93; DEQ 14-1999, f. & cert. ef.
10-14-99, Renumbered from 340-028-1100; DEQ 6-2001, f. 6-18-01, cert.
ef. 7-1-01

**340-212-0130**

**Stack Heights and Dispersion Techniques**

\(1\) **40 CFR Parts 51.100(ff)** through **51.100(kk)**, and **51.118,
51.160** through **51.166 (July 1, 2000)**, concerning stack heights and
dispersion techniques, are adopted and incorporated herein. The federal
rule generally prohibits the use of excessive stack height and certain
dispersion techniques when calculating compliance with ambient air
quality standards. The rule forbids neither the construction and actual
use of excessively tall stacks, nor the use of dispersion techniques. It
only forbids their use in noted calculations. The rule generally applies
as follows. Stacks 65 meters high or greater that were constructed after
December 31, 1970, and major modifications made after December 31, 1970
to existing plants with stacks 65 meters high or greater which were
constructed before that date are subject to this rule. Certain stacks at
federally owned, coal-fired steam electric generating units constructed
under a contract awarded before February 8, 1974 are exempt. Any
dispersion technique implemented after December 31, 1970 at any plant is
subject to this rule. However, if the plant\'s total allowable emissions
of sulfur dioxide are less than 5,000 tons per year, then certain
dispersion techniques to increase final exhaust gas plume rise may be
used when calculating compliance with ambient air quality standards for
sulfur dioxide.

\(2\) Where found in the federal rule, the following terms apply:

\(a\) \"Reviewing agency\" means the Department, LRAPA, or the EPA, as
applicable;

\(b\) \"Authority administering the State Implementation Plan\" means
Department, LRAPA, or EPA;

\(c\) The \"procedures\" referred to in **40 CFR 51.164** are the
Department\'s New Source Review procedures (OAR 340 division 224 or
Title 38 of LRAPA rules), and the review procedures for new, or
modifications to, minor sources, at the Department\'s review procedures
for new or modified minor sources (OAR 340-210-0200 to 340-210-0220, OAR
340 division 216 or LRAPA Title 34).

\(d\) \"The state\" or \"state, or local control agency\" as referred to
in **40 CFR 51.118**, means the Department or LRAPA;

\(e\) \"Applicable state implementation plan\" and \"plan\" refer to the
Department\'s or LRAPA\'s programs and rules, as approved by the EPA, or
any regulations promulgated by EPA (see **40 CFR Part 52, Subpart MM**).

\[**NOTE:** This rule is included in the State of Oregon Clean Air Act
Implementation Plan as adopted by the EQC under OAR 340-200-0040.\]

\[Publications: The publication(s) referenced in this rule is available
from the agency.\]

Stat. Auth.: ORS 468 & ORS 468A\
Stats. Implemented: ORS 468 & ORS 468A\
Hist.: DEQ 11-1986, f. & ef. 5-12-86; DEQ 4-1993, f. & cert. ef.
3-10-93; DEQ 12-1993, f. & cert. ef. 9-24-93; Renumbered from
340-020-0037; DEQ 19-1993, f. & cert. ef. 11-4-93; DEQ 22-1995, f. &
cert. ef. 10-6-95; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from
340-028-1110; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01

**340-212-0140**

**Methods**

\(1\) Any sampling, testing, or measurement performed pursuant to this
division must conform to methods contained in the **Department\'s Source
Sampling Manual (January 1992)** or to recognized applicable standard
methods approved in advance by the Department.

\(2\) The Department may approve any alternative method of sampling if
it finds that the proposed method is satisfactory and complies with the
intent of these rules, is at least equivalent to the uniform recognized
procedures in objectivity and reliability, and is demonstrated to be
reproducible, selective, sensitive, accurate, and applicable to the
program.

\[**NOTE:** This rule is included in the State of Oregon Clean Air Act
Implementation Plan as adopted by the EQC under OAR 340-200-0040.\]

\[Publications: The publication(s) referenced in this rule is available
from the agency.\]

Stat. Auth.: ORS 468.020 & ORS 468A.310\
Stats. Implemented: ORS 468 & ORS 468A\
Hist.: DEQ 15, f. 6-12-70, ef. 9-11-70; DEQ 4-1993, f. & cert. ef.
3-10-93; DEQ 12-1993, f. & cert. ef. 9-24-93; Renumbered from
340-020-0040; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from
340-028-1120; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01

**340-212-0150**

**Department Testing**

Instead of asking for tests and sampling of emissions from the owner or
operator of a source the Department may conduct such tests alone or in
conjunction with the owner or operator. If the Department conducts the
testing or sampling, the agency will provide a copy of the results to
the owner or operator.

\[**NOTE:** This rule is included in the State of Oregon Clean Air Act
Implementation Plan as adopted by the EQC under OAR 340-200-0040.\]

Stat. Auth.: ORS 468.020 & ORS 468A.310\
Stats. Implemented: ORS 468 & ORS 468A\
Hist.: DEQ 15, f. 6-12-70, ef. 9-1-70; DEQ 4-1993, f. & cert. ef.
3-10-93; DEQ 12-1993, f. & cert. ef. 9-24-93; Renumbered from
340-020-0045; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from
340-028-1130; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01

**Compliance Assurance Monitoring**

**340-212-0200**

**Purpose and Applicability**

\(1\) The purpose of OAR 340-212-0200 through 340-212-0280 is to
require, as part of the issuance of a permit under Title V of the Act,
improved or new monitoring at those emissions units where monitoring
requirements do not exist or are inadequate to meet the requirements of
OAR 340-212-0200 through 340-212-0280. Except for backup utility units
that are exempt under subsection (2)(b) of this rule, the requirements
of OAR 340-212-0200 through 340-212-0280 apply to a pollutant-specific
emissions unit at a major source that is required to obtain an Oregon
Title V Operating Permit if the unit meets all of the following
criteria:

\(a\) The unit is subject to an emission limitation or standard for the
applicable regulated air pollutant (or a surrogate thereof), other than
an emission limitation or standard that is exempt under subsection
(2)(a);

\(b\) The unit uses a control device to achieve compliance with any such
emission limitation or standard; and

\(c\) The unit has potential pre-control device emissions of the
applicable regulated air pollutant that are equal to or greater than 100
percent of the amount, in tons per year, required for a source to be
classified as a major source. For purposes of this subsection,
\"potential pre-control device emissions\" has the same meaning as
\"potential to emit,\" as defined in 340-200-0020, except that emission
reductions achieved by the applicable control device are not taken into
account.

\(2\) Exemptions:

\(a\) Exempt emission limitations or standards. The requirements of OAR
340-212-0200 through 340-212-0280 do not apply to any of the following
emission limitations or standards:

\(A\) Emission limitations or standards proposed by the Administrator
after November 15, 1990 pursuant to section 111 or 112 of the Act;

\(B\) Stratospheric ozone protection requirements under title VI of the
Act;

\(C\) Acid Rain Program requirements pursuant to sections 404, 405, 406,
407(a), 407(b), or 410 of the Act;

\(D\) Emission limitations or standards or other applicable requirements
that apply solely under an emissions trading program approved or
promulgated by the Administrator under the Act that allows for trading
emissions within a source or between sources;

\(E\) An emissions cap that meets the requirements specified in 40 CFR
70.4(b)(12), 71.6(a)(13)(iii) (July 2000), or OAR 340 division 222
(Plant Site Emission Limits);

\(F\) Emission limitations or standards for which an Oregon Title V
Operating Permit specifies a continuous compliance determination method,
as defined in OAR 340-200-0020. The exemption does not apply if the
applicable compliance method includes an assumed control device emission
reduction factor that could be affected by the actual operation and
maintenance of the control device. For example a certain surface coating
line is controlled by an incinerator whose continuous compliance is
determined by calculating emissions on the basis of coating records and
an assumed control device efficiency factor based on an initial
performance test. In this example, OAR 340-212-0200 through 212-0280
apply to the control device and capture system, but not to the remaining
elements of the coating line, such as raw material usage.

\(b\) Exemption for backup utility power emissions units. The
requirements of OAR 340-212-0200 through 212-0280 do not apply to a
utility unit, as defined in 40 CFR 72.2 (July 2000), that is municipally
owned if the owner or operator provides documentation in an Oregon Title
V Operating Permit application that:

\(A\) The utility unit is exempt from all monitoring requirements in 40
CFR part 75 (July 2000) (including the appendices thereto);

\(B\) The utility unit is operated solely for providing electricity
during periods of peak electrical demand or emergency situations and
will be operated consistent with that purpose throughout the Oregon
Title V Operating Permit term. The owner or operator must provide
historical operating data and relevant contractual obligations to
document that this criterion is satisfied; and

\(C\) The actual emissions from the utility unit, based on the average
annual emissions over the last three calendar years of operation (or
such shorter time period that is available for units with fewer than
three years of operation) are less than 50 percent of the amount in tons
per year required for a source to be classified as a major source and
are expected to remain so.

\[Publications: The publication(s) referenced in this rule is available
from the agency.\]

Stat. Auth.: ORS 468.020 & ORS 468A.310\
Stats. Implemented: ORS 468.020 & ORS 468A.310\
Hist.: DEQ 21-1998, f. & cert. ef. 10-14-98; DEQ 14-1999, f. & cert. ef.
10-14-99, Renumbered from 340-028-1200; DEQ 6-2001, f. 6-18-01, cert.
ef. 7-1-01

**340-212-0210**

**Monitoring Design Criteria**

\(1\) General criteria. To provide a reasonable assurance of compliance
with emission limitations or standards for the anticipated range of
operations at a pollutant-specific emissions unit, monitoring under OAR
340-212-0200 through 340-212-0280 must meet the following general
criteria:

\(a\) The owner or operator must design the monitoring to obtain data
for one or more indicators of emission control performance for the
control device, any associated capture system and, if necessary to
satisfy subsection (1)(b) of this rule, processes at a
pollutant-specific emissions unit. Indicators of performance may
include, but are not limited to, direct or predicted emissions
(including visible emissions or opacity), process and control device
parameters that affect control device (and capture system) efficiency or
emission rates, or recorded findings of inspection and maintenance
activities conducted by the owner or operator;

\(b\) The owner or operator must establish an appropriate range(s) or
designated condition(s) for the selected indicator(s) such that
operation within the ranges provides a reasonable assurance of ongoing
compliance with emission limitations or standards for the anticipated
range of operating conditions. Such range(s) or condition(s) must
reflect the proper operation and maintenance of the control device (and
associated capture system), in accordance with applicable design
properties, for minimizing emissions over the anticipated range of
operating conditions at least to the level required to achieve
compliance with the applicable requirements. The reasonable assurance of
compliance will be assessed by maintaining performance within the
indicator range(s) or designated condition(s). The ranges must be
established in accordance with the design and performance requirements
in this rule and documented in accordance with the requirements in OAR
340-212-0220. If necessary to assure that the control device and
associated capture system can satisfy this criterion, the owner or
operator must monitor appropriate process operational parameters (such
as total throughput where necessary to stay within the rated capacity
for a control device). In addition, unless specifically stated otherwise
by an applicable requirement, the owner or operator must monitor
indicators to detect any bypass of the control device (or capture
system) to the atmosphere, if such bypass can occur based on the design
of the pollutant-specific emissions unit;

\(c\) The design of indicator ranges or designated conditions may be:

\(A\) Based on a single maximum or minimum value if appropriate (e.g.,
maintaining condenser temperatures a certain number of degrees below the
condensation temperature of the applicable compound(s) being processed)
or at multiple levels that are relevant to distinctly different
operating conditions (e.g., high versus low load levels);

\(B\) Expressed as a function of process variables (e.g., an indicator
range expressed as minimum to maximum pressure drop across a venturi
throat in a particulate control scrubber);

\(C\) Expressed as maintaining the applicable parameter in a particular
operational status or designated condition (e.g., position of a damper
controlling gas flow to the atmosphere through a by-pass duct);

\(D\) Established as interdependent between more than one indicator.

\(2\) Performance criteria. The owner or operator must design the
monitoring to meet the following performance criteria:

\(a\) Specifications that provide for obtaining data that are
representative of the emissions or parameters being monitored (such as
detector location and installation specifications, if applicable);

\(b\) For new or modified monitoring equipment, verification procedures
to confirm the operational status of the monitoring prior to the date by
which the owner or operator must conduct monitoring under OAR
340-212-0200 through 340-212-0280 as specified in OAR 340-212-0250(1).
The owner or operator must consider the monitoring equipment
manufacturer\'s requirements or recommendations for installation,
calibration, and start-up operation;

\(c\) Quality assurance and control practices that are adequate to
ensure the continuing validity of the data. The owner or operator must
consider manufacturer recommendations or requirements applicable to the
monitoring in developing appropriate quality assurance and control
practices;

\(d\) Specifications for the frequency of the monitoring, the data
collection procedures that will be used (e.g., computerized data
acquisition and handling, alarm sensor, or manual log entries based on
gauge readings), and, if applicable, the period over which discrete data
points will be averaged for the purpose of determining whether an
excursion or exceedance has occurred:

\(A\) At a minimum, the owner or operator must design the period over
which data are obtained and, if applicable, averaged consistent with the
characteristics and typical variability of the pollutant-specific
emissions unit (including the control device and associated capture
system). Such intervals must be commensurate with the time period over
which a change in control device performance that would require actions
by owner or operator to return operations within normal ranges or
designated conditions is likely to be observed;

\(B\) For all pollutant-specific emissions units with the potential to
emit, calculated including the effect of control devices, the applicable
regulated air pollutant in an amount equal to or greater than 100
percent of the amount, in tons per year, required for a source to be
classified as a major source, for each parameter monitored, the owner or
operator must collect four or more data values equally spaced over each
hour and average the values, as applicable, over the applicable
averaging period as determined in accordance with paragraph (2)(d)(A).
The Department may approve a reduced data collection frequency based on
information presented by the owner or operator concerning the data
collection mechanisms available for a particular parameter for the
particular pollutant-specific emissions unit (e.g., integrated raw
material or fuel analysis data, noninstrumental measurement of waste
feed rate or visible emissions, use of a portable analyzer or an alarm
sensor);

\(C\) For other pollutant-specific emissions units, the frequency of
data collection may be less than the frequency specified in paragraph
(2)(d)(B) of this rule, but the monitoring must include some data
collection at least once per 24-hour period (e.g., a daily inspection of
a carbon adsorber operation in conjunction with a weekly or monthly
check of emissions with a portable analyzer).

\(3\) Evaluation factors. In designing monitoring to meet the
requirements in sections (1) and (2) of this rule, the owner or operator
must take into account site-specific factors including the applicability
of existing monitoring equipment and procedures, the ability of the
monitoring to account for process and control device operational
variability, the reliability and latitude built into the control
technology, and the level of actual emissions relative to the compliance
limitation.

\(4\) Special criteria for the use of continuous emission, opacity or
predictive monitoring systems:

\(a\) If a continuous emission monitoring system (CEMS), continuous
opacity monitoring system (COMS), or predictive emission monitoring
system (PEMS) is required by other authority under the Act or state or
local law, the owner or operator must use such system to satisfy the
requirements of OAR 340-212-0200 through 340-212-0280;

\(b\) The use of a CEMS, COMS, or PEMS that satisfies any of the
following monitoring requirements satisfies the general design criteria
in sections (1) and (2) of this rule. However, a COMS may be subject to
the criteria for establishing indicator ranges under section (1) of this
rule:

\(A\) Section 51.214 and Appendix P of 40 CFR part 51 (July 1, 2000);

\(B\) Section 60.13 and Appendix B of 40 CFR part 60 (July 1, 2001);

\(C\) Section 63.8 and any applicable performance specifications
required pursuant to the applicable subpart of 40 CFR part 63 (July 1,
2000);

\(D\) 40 CFR part 75 (July 1, 2000);

\(E\) Subpart H and Appendix IX of 40 CFR part 266 (July 1, 2000); or

\(F\) If an applicable requirement does not otherwise require compliance
with the requirements listed in paragraphs (4)(b)(A) through (E),
comparable requirements and specifications established by the
Department.

\(c\) The owner or operator must design the monitoring system subject to
section (4) to:

\(A\) Allow for reporting exceedances (or excursions if applicable to a
COMS used to assure compliance with a particulate matter standard),
consistent with any period for reporting of exceedances in an underlying
requirement. If an underlying requirement does not contain a provision
for establishing an averaging period for the reporting of exceedances or
excursions, the criteria used to develop an averaging period in section
(2)(d) applies; and

\(B\) Provide an indicator range consistent with section (1) for a COMS
used to assure compliance with a particulate matter standard. If an
opacity standard applies to the pollutant-specific emissions unit, such
limit may be used as the appropriate indicator range unless the opacity
limit fails to meet the criteria in section (1) after considering the
type of control device and other site-specific factors applicable to the
pollutant-specific emissions unit.

\[Publications: The publication(s) referenced in this rule is available
from the agency.\]

Stat. Auth.: ORS 468.020 & ORS 468A.310\
Stats. Implemented: ORS 468.020 & ORS 468A.310\
Hist.: DEQ 21-1998, f. & cert. ef. 10-14-98; DEQ 14-1999, f. & cert. ef.
10-14-99, Renumbered from 340-028-1210; DEQ 6-2001, f. 6-18-01, cert.
ef. 7-1-01

**340-212-0220**

**Submittal Requirements**

\(1\) The owner or operator must submit to the Department monitoring
plans that satisfy the design requirements in OAR 340-212-0210. The
submission must include the following information:

\(a\) The indicators to be monitored to satisfy OAR 340-212-0210(1)(a)
and (b);

\(b\) The ranges or designated conditions for such indicators, or the
process by which such indicator ranges or designated conditions will be
established;

\(c\) The performance criteria for the monitoring to satisfy OAR
340-212-0210(2); and

\(d\) If applicable, the indicator ranges and performance criteria for a
CEMS, COMS or PEMS pursuant to OAR 340-212-0210(4).

\(2\) As part of the information submitted, the owner or operator must
submit a justification for the proposed elements of the monitoring
plans. If the performance specifications proposed to satisfy OAR
340-212-0210(2)(b) or (c) include differences from manufacturer
recommendations, the owner or operator must explain the reasons for the
differences. The owner or operator also must submit any data supporting
the justification and may refer to generally available sources of
information used to support the justification (such as generally
available air pollution engineering manuals, or EPA or Department
publications on appropriate monitoring for various types of control
devices or capture systems). To justify the appropriateness of the
monitoring elements proposed, the owner or operator may rely in part on
existing applicable requirements that establish the monitoring for the
applicable pollutant-specific emissions unit or a similar unit. If an
owner or operator relies on presumptively acceptable monitoring, no
further justification for the appropriateness of that monitoring should
be necessary other than an explanation of the applicability of such
monitoring to the unit in question, unless data or information is
brought forward to rebut the assumption. Presumptively acceptable
monitoring includes:

\(a\) Presumptively acceptable or required monitoring approaches,
established by the Department in a rule that constitutes part of the
applicable implementation plan required pursuant to title I of the Act,
that are designed to achieve compliance with OAR 340-212-0200 through
340-212-0280 for particular pollutant-specific emissions units;

\(b\) Continuous emission, opacity, or predictive emission monitoring
systems that satisfy applicable monitoring requirements and performance
specifications contained in OAR 340-212-0210(d);

\(c\) Excepted or alternative monitoring methods allowed or approved
pursuant to **40 CFR part 75 (July 1, 2000)**;

\(d\) Monitoring included for standards exempt from OAR 340-212-0200
through 340-212-0280 pursuant to OAR 340-212-0200(2)(a)(A) through (F)
to the extent such monitoring is applicable to the performance of the
control device (and associated capture system) for the
pollutant-specific emissions unit; and

\(e\) Presumptively acceptable monitoring methods identified in guidance
by EPA.

(3)(a) Except as provided in section (4), the owner or operator must
submit control device (and process and capture system, if applicable)
operating parameter data obtained during the conduct of the applicable
compliance or performance test conducted under conditions specified by
the applicable rule. If the applicable rule does not specify testing
conditions or only partially specifies test conditions, the performance
test generally must be conducted under conditions representative of
maximum emissions potential under anticipated operating conditions at
the pollutant-specific emissions unit. Such data may be supplemented by
engineering assessments and manufacturer\'s recommendations to justify
the indicator ranges (or, if applicable, the procedures for establishing
such indicator ranges). Emission testing is not required to be conducted
over the entire indicator range or range of potential emissions;

\(b\) The owner or operator must document that no changes to the
pollutant-specific emissions unit, including the control device and
capture system, have taken place that could result in a significant
change in the control system performance or the selected ranges or
designated conditions for the indicators to be monitored since the
performance or compliance tests were conducted.

\(4\) If existing data from unit-specific compliance or performance
testing specified in section (3) are unavailable, the owner or operator:

\(a\) Must submit a test plan and schedule for obtaining such data in
accordance with section (5); or

\(b\) May submit indicator ranges (or procedures for establishing
indicator ranges) that rely on engineering assessments and other data,
if the owner or operator demonstrates that factors specific to the type
of monitoring, control device, or pollutant-specific emissions unit make
compliance or performance testing unnecessary to establish indicator
ranges at levels that satisfy the criteria in OAR 340-212-0210(1).

\(5\) If the monitoring plans submitted by the owner or operator
requires installation, testing, or other necessary activities before
conducting the monitoring for purposes of OAR 340-212-0200 through
340-212-0280, the owner or operator must include an implementation plan
and schedule for installing, testing and performing any other
appropriate activities before conducting the monitoring. The
implementation plan and schedule must provide for conducting the
monitoring as expeditiously as practicable after the Department approves
the monitoring plans in the Oregon Title V Operating Permit pursuant to
OAR 340-212-0240. In no case may the schedule for completing
installation and beginning operation of the monitoring exceed 180 days
after approval of the permit.

\(6\) If a control device is common to more than one pollutant-specific
emissions unit, the owner or operator may submit monitoring plans for
the control device and identify the pollutant-specific emissions units
affected and any process or associated capture device conditions that
must be maintained or monitored in accordance with OAR 340-212-0210(1)
rather than submit separate monitoring plans for each pollutant-specific
emissions unit.

\(7\) If a single pollutant-specific emissions unit is controlled by
more than one control device that is similar in design and operation,
the owner or operator may submit monitoring plans that apply to all the
control devices and identify the control devices affected and any
process or associated capture device conditions that must be maintained
or monitored in accordance with OAR 340-212-0210(1) rather than submit a
separate description for each control device.

\[Publications: The publication(s) by referenced in this rule is
available from the agency.\]

Stat. Auth.: ORS 468.020 & ORS 468A.310\
Stats. Implemented: ORS 468.020 & ORS 468A.310\
Hist.: DEQ 21-1998, f. & cert. ef. 10-14-98; DEQ 14-1999, f. & cert. ef.
10-14-99, Renumbered from 340-028-1220; DEQ 6-2001, f. 6-18-01, cert.
ef. 7-1-01

**340-212-0230**

**Deadlines for Submittals**

\(1\) Large pollutant-specific emissions units. For all
pollutant-specific emissions units with the potential to emit the
applicable regulated air pollutant in an amount equal to or greater than
100 percent of the amount, in tons per year, required for a source to be
classified as a major source, the owner or operator must submit the
information required under OAR 340-212-0220 at the following times:

\(a\) The owner or operator must submit information as part of an
application for an initial Oregon Title V Operating Permit if, by that
date, the application either:

\(A\) Has not been filed; or

\(B\) Has not yet been determined to be complete by the Department.

\(b\) The owner or operator must submit information as part of an
application for a significant permit revision under OAR 340-218-0080,
but only with respect to those pollutant-specific emissions units for
which the proposed permit revision applies;

\(c\) The owner or operator must submit any information not submitted
under the deadlines set forth in subsections (1)(a) and (b) of this rule
as part of the application for the renewal of an Oregon Title V
Operating Permit.

\(2\) Other pollutant-specific emissions units. For all other
pollutant-specific emissions units subject to OAR 340-212-0220 through
340-212-0280 and not subject to section (1) of this rule, the owner or
operator must submit the information required under OAR 340-212-0220 as
part of an application for a renewal of an Oregon Title V Operating
Permit.

\(3\) A permit reopening to require the submittal of information under
this rule is not required by OAR 340-218-0200(1)(a)(A). If, however, an
Oregon Title V Operating Permit is reopened for cause by EPA or the
Department pursuant to OAR 340-218-0200(1)(a)(C), (D), or (E), the
applicable agency may require the submittal of information under this
rule for those pollutant-specific emissions units that are subject to
OAR 340-212-0200 through 340-212-0280 and that are affected by the
permit reopening.

\(4\) Until the Department approves monitoring plans that satisfy the
requirements of OAR 340-212-0200 through 340-212-0280, the owner or
operator is subject to the requirements of OAR 340-218-0050(3)(a)(C).

Stat. Auth.: ORS 468.020 & ORS 468A.310\
Stats. Implemented: ORS 468.020 & ORS 468A.310\
Hist.: DEQ 21-1998, f. & cert. ef. 10-14-98; DEQ 14-1999, f. & cert. ef.
10-14-99, Renumbered from 340-028-1230; DEQ 6-2001, f. 6-18-01, cert.
ef. 7-1-01

**340-212-0240**

**Approval of Monitoring Plans**

\(1\) Based on an application that includes the information submitted in
accordance with OAR 340-212-0230, the Department will approve the
monitoring plans submitted by the owner or operator by confirming that
the plans satisfy the requirements in OAR 340-212-0210.

\(2\) The Department may condition its approval on the owner or operator
collecting additional data on the indicators to be monitored for a
pollutant-specific emissions unit, including required compliance or
performance testing, to confirm that the monitoring will provide data
sufficient to satisfy the requirements of OAR 340-212-0200 through
340-212-0280 and to confirm the appropriateness of an indicator range(s)
or designated condition(s) proposed to satisfy OAR 340-212-0210(1)(b)
and (c) and consistent with the schedule in OAR 340-212-0220(4).

\(3\) If the Department approves the proposed monitoring, the Department
will establish one or more permit terms or conditions that specify the
required monitoring in accordance with OAR 340-218-0050(3)(a). At a
minimum, the permit will specify:

\(a\) The approved monitoring approach that includes all of the
following:

\(A\) The indicator(s) to be monitored (such as temperature, pressure
drop, emissions, or similar parameter);

\(B\) The means or device to be used to measure the indicator(s) (such
as temperature measurement device, visual observation, or CEMS); and

\(C\) The performance requirements established to satisfy OAR
340-212-0210(2) or (4), as applicable.

\(b\) The means by which the owner or operator will define an exceedance
or excursion for purposes of responding to and reporting exceedances or
excursions under OAR 340-212-0250 and 340-212-0260. The permit will
specify the level at which an excursion or exceedance will be deemed to
occur, including the appropriate averaging period associated with such
exceedance or excursion. For defining an excursion from an indicator
range or designated condition, the permit may either include the
specific value(s) or condition(s) at which an excursion occurs, or the
specific procedures that will be used to establish that value or
condition. If the latter, the permit will specify appropriate notice
procedures for the owner or operator to notify the Department upon any
establishment or reestablishment of the value;

\(c\) The obligation to conduct the monitoring and fulfill the other
obligations specified in OAR 340-212-0250 through 340-212-0270;

\(d\) If appropriate, a minimum data availability requirement for valid
data collection for each averaging period, and, if appropriate, a
minimum data availability requirement for the averaging periods in a
reporting period.

\(4\) If the monitoring proposed by the owner or operator requires
installation, testing or final verification of operational status, the
Oregon Title V Operating Permit will include an enforceable schedule
with appropriate milestones for completing such installation, testing,
or final verification consistent with the requirements in OAR
340-212-0220(5).

\(5\) If the Department disapproves the proposed monitoring, the
following applies:

\(a\) The draft or final permit will include, at a minimum, monitoring
that satisfies the requirements of OAR 340-218-0050(3)(a)(C);

\(b\) The draft or final permit will include a compliance schedule for
the owner or operator to submit monitoring plans that satisfy OAR
340-212-0210 and 340-212-0220. In no case may the owner or operator
submit revised monitoring more than 180 days from the date of issuance
of the draft or final permit; and

\(c\) If the owner or operator does not submit the monitoring plans in
accordance with the compliance schedule contained in the draft or final
permit or if the Department disapproves the proposed monitoring plans,
the owner or operator is not in compliance with OAR 340-212-0200 through
340-212-0280, unless the source owner or operator successfully
challenges the disapproval.

Stat. Auth.: ORS 468.020 & ORS 468A.310\
Stats. Implemented: ORS 468.020 & ORS 468A.310\
Hist.: DEQ 21-1998, f. & cert. ef. 10-14-98; DEQ 14-1999, f. & cert. ef.
10-14-99, Renumbered from 340-028-1240; DEQ 6-2001, f. 6-18-01, cert.
ef. 7-1-01

**340-212-0250**

**Operation of Approved Monitoring**

\(1\) Commencement of operation. The owner or operator must conduct the
monitoring required under OAR 340-212-0200 through 340-212-0280 upon
issuance of an Oregon Title V Operating Permit that includes such
monitoring, or by any later date specified in the permit pursuant to OAR
340-212-0240(4).

\(2\) Proper maintenance. The owner or operator must at all times
maintain the monitoring equipment, including but not limited to,
maintaining necessary parts for routine repairs of the monitoring
equipment.

\(3\) Continued operation. Except for monitoring malfunctions,
associated repairs, and required quality assurance or control activities
(including, as applicable, calibration checks and required zero and span
adjustments), the owner or operator must conduct all monitoring in
continuous operation (or must collect data at all required intervals) at
all times that the pollutant-specific emissions unit is operating. Data
recorded during monitoring malfunctions, associated repairs, and
required quality assurance or control activities cannot be used for
purposes of OAR 340-212-0200 through 340-212-0280, including data
averages and calculations, or fulfilling a minimum data availability
requirement, if applicable. The owner or operator must use all the data
collected during all other periods in assessing the operation of the
control device and associated control system. A monitoring malfunction
is any sudden, infrequent, not reasonably preventable failure of the
monitoring to provide valid data. Monitoring failures that are caused in
part by poor maintenance or careless operation are not malfunctions.

\(4\) Response to excursions or exceedances:

\(a\) Upon detecting an excursion or exceedance, the owner or operator
must restore operation of the pollutant-specific emissions unit
(including the control device and associated capture system) to its
normal or usual manner of operation as expeditiously as practicable in
accordance with good air pollution control practices for minimizing
emissions. The response must include minimizing the period of any
startup, shutdown or malfunction and taking any necessary corrective
actions to restore normal operation and prevent the likely recurrence of
the cause of an excursion or exceedance (other than those caused by
excused startup or shutdown conditions). Such actions may include
initial inspection and evaluation, recording that operations returned to
normal without operator action (such as through response by a
computerized distribution control system), or any necessary follow-up
actions to return operation to within the indicator range, designated
condition, or below the applicable emission limitation or standard, as
applicable;

\(b\) Determination of whether the owner or operator has used acceptable
procedures in response to an excursion or exceedance will be based on
information available, which may include but is not limited to,
monitoring results, review of operation and maintenance procedures and
records, and inspection of the control device, associated capture
system, and the process;

\(c\) Documentation of need for improved monitoring. After the
Department approves the monitoring plans under OAR 340-212-0200 through
340-212-0280, if the owner or operator identifies a failure to achieve
compliance with an emission limitation or standard for which the
approved monitoring did not indicate an excursion or exceedance while
providing valid data, or if the results of compliance or performance
testing document a need to modify the existing indicator ranges or
designated conditions, the owner or operator must promptly notify the
Department and, if necessary, submit a proposed modification to the
Oregon Title V Operating Permit to address the necessary monitoring
changes. Such a modification may include, but is not limited to,
reestablishing indicator ranges or designated conditions, modifying the
frequency of conducting monitoring and collecting data, or the
monitoring of additional parameters.

Stat. Auth.: ORS 468.020 & ORS 468A.310\
Stats. Implemented: ORS 468.020 & ORS 468A.310\
Hist.: DEQ 21-1998, f. & cert. ef. 10-14-98; DEQ 14-1999, f. & cert. ef.
10-14-99, Renumbered from 340-028-1250; DEQ 6-2001, f. 6-18-01, cert.
ef. 7-1-01

**340-218-0040**

**Permit Applications**

\*\*\*

\(3\) Synthetic minor sources.

\(a\) A source which would otherwise be a major source subject to this
division may choose to become a synthetic minor source by limiting its
emissions below the emission level that causes it to be a major source
through limits contained in an ACDP issued by the Department under 340
division 216.

\(b\) The reporting and monitoring requirements of the emission limiting
conditions contained in the ACDPs of synthetic minor sources issued by
the Department under 340 division 216 must meet the requirements of OAR
340-212-0120 through 340-212-0150 and OAR 340 division 214.

\*\*\*

\(f\) The following monitoring, recordkeeping, and reporting
requirements:

\(A\) All emissions monitoring and analysis procedures or test methods
required under the applicable requirements, including OAR 340-212-0200
through 340-212-0280;

\(B\) Proposed periodic monitoring to determine compliance where an
applicable requirement does not require periodic testing or monitoring;

\(C\) The proposed use, maintenance, and installation of monitoring
equipment or methods, as necessary;

\(D\) Documentation of the applicability of the proposed monitoring
protocol, such as test data and engineering calculations;

\(E\) Proposed consolidation of reporting requirements, where possible;

\(F\) A proposed schedule of submittal of all reports; and

\(G\) Other similar information as determined by the Department to be
necessary to protect human health or the environment or to determine
compliance with applicable requirements.

\*\*\*

**340-218-0050**

**Standard Permit Requirements**

Each permit issued under this division must include the following
elements:

\*\*\*

**340-218-0050**

**Standard Permit Requirements**

Each permit issued under this division must include the following
elements:

\(1\) Emission limitations and standards, including those operational
requirements and limitations that assure compliance with all applicable
requirements at the time of permit issuance:

\(a\) The permit must specify and reference the origin of and authority
for each term or condition, and identify any difference in form as
compared to the applicable requirement upon which the term or condition
is based;

\(b\) For sources regulated under the national acid rain program, the
permit must state that, where an applicable requirement of the FCAA or
state rules is more stringent than an applicable requirement of
regulations promulgated under Title IV of the FCAA, both provisions must
be incorporated into the permit and will be enforceable by the EPA;

\(c\) For any alternative emission limit established in accordance with
OAR 340-226-0400, the permit must contain an equivalency determination
and provisions to ensure that any resulting emissions limit has been
demonstrated to be quantifiable, accountable, enforceable, and based on
replicable procedures.

\(2\) Permit duration. The Department will issue permits for a fixed
term of 5 years in the case of affected sources, and for a term not to
exceed 5 years in the case of all other sources.

\(3\) Monitoring and related recordkeeping and reporting requirements:

\(a\) Each permit must contain the following requirements with respect
to monitoring:

\(A\) A monitoring protocol to provide accurate and reliable data that:

\(i\) Is representative of actual source operation;

\(ii\) Is consistent with the averaging time in the permit emission
limits;

\(iii\) Is consistent with monitoring requirements of other applicable
requirements; and

\(iv\) Can be used for compliance certification and enforcement.

\(B\) All emissions monitoring and analysis procedures or test methods
required under applicable monitoring and testing requirements, including
OAR 340-212-0200 through 340-212-0280 and any other procedures and
methods that may be promulgated pursuant to sections 504(b) or 114(a)(3)
of the FCAA. If more than one monitoring or testing requirement applies,
the permit may specify a streamlined set of monitoring or testing
provisions provided the specified monitoring or testing is adequate to
assure compliance at least to the same extent as the monitoring or
testing applicable requirements that are not included in the permit as a
result of such streamlining;

\(C\) Where the applicable requirement does not require periodic testing
or instrumental or noninstrumental monitoring (which may consist of
recordkeeping designed to serve as monitoring), periodic monitoring
sufficient to yield reliable data from the relevant time period that are
representative of the source\'s compliance with the permit, as reported
pursuant to OAR 340-218-0050(3)(c). Such monitoring requirements must
assure use of terms, test methods, units, averaging periods, and other
statistical conventions consistent with the applicable requirement.
Continuous monitoring and source testing must be conducted in accordance
with the Department\'s **Continuous Monitoring Manual** (January, 1992)
and the **Source Sampling Manual (January, 1992)**, respectively. Other
monitoring must be conducted in accordance with Department approved
procedures. The monitoring requirements may include but are not limited
to any combination of the following:

\(i\) Continuous emissions monitoring systems (CEMS);

\(ii\) Continuous opacity monitoring systems (COMS);

\(iii\) Continuous parameter monitoring systems (CPMS);

\(iv\) Continuous flow rate monitoring systems (CFRMS);

\(v\) Source testing;

\(vi\) Material balance;

\(vii\) Engineering calculations;

\(viii\) Recordkeeping; or

\(ix\) Fuel analysis; and

\(D\) As necessary, requirements concerning the use, maintenance, and,
where appropriate, installation of monitoring equipment or methods;

\(E\) A condition that prohibits any person from knowingly rendering
inaccurate any required monitoring device or method;

\(F\) Methods used to determine actual emissions for fee purposes must
also be used for compliance determination and can be no less rigorous
than the requirements of OAR 340-218-0080. For any assessable emission
for which fees are paid on actual emissions, the compliance monitoring
protocol must include the method used to determine the amount of actual
emissions;

\(G\) Monitoring requirements must commence on the date of permit
issuance unless otherwise specified in the permit.