reg on 

John A Kitzhaber, MD, Governor 

June 8, 2012 

Dennis J. McLerran, Regional Administrator 

U.S. Enviromnental Protection Agency, Region 10 

1200 Sixth Avenue 

Mail Code: RA-140 

Seattle, WA 98101 

Department of Environmental Quality 

Headquarters 

811 SW Sixth Avenue 

Portland, OR 97204-1390 

(503) 229-5696 

FAX (503) 229-6124 

TTY: 711 

RE:. Revision to the Oregon State Implementation Plan- Small an:d mid-size boiler rule amendments 

Dear Mr. McLerran: 

The Oregon Department of Enviromnental Quality (DEQ) requests approval of revisions to the Oregon 

State Implementation Plan (SIP) from the Office of Air, Waste, and Toxics, State and Tribal Air 

Programs Unit of the U.S. EPA, Region 10. Enclosed for your review is one hard copy of the 

amendments and one electronic copy of the amendments are saved on the disk included. 

The Enviromnental Quality Commission adopted the revisions to the SIP under OAR 340-200-0040 on 

February 16,2012. DEQ submits these revisions to EPA as part of the SIP and pursuant to 40 CFR 

51.104. 

I certify that public notices were published in newspapers of general circulation on July 18, 2011 and in 

the Secretary of State's Oregon Bulletin on August 1, 2011. The notices included a statement that 

adoption of the rules would revise the SIP. I further certifY a public hearing was held on August 18, 

2011 in Portland, Oregon. 

Thank you for your assistance with these revisions to Oregon's SIP. The staff contact for this submittal 

is Carrie Capp at (503) 229-5868 and Nicole Vick, SIP Coordinator at (503) 229-5946. 

Sincerely, 

Jooit:~ Deputy Director 

Enclosures 

cc Donna Deneen, EP ~, Region 1 0 

Andrew Ginsburg, DEQ AQ Administrator 

Paul Koprowski, EPA Oregon Operations office 

Nicole Vick, DEQ AQ SIP Coordinator 

ATTACHMENTS 

Attachment 1: Evidence the state has adopted the revision 

1.1 Staff Report, Agenda Item F of the February 16-17, 2012, EQC 

meeting 

Also see Certificate and Order for Filing Permanent Administrative 

Rules in Attaclnnent 4.2 

Attachment 2: Evidence that the state has the necessary legal authority 

See Attachment 1.1 "Commission Authority" (page # 3 of Staff Report, 

Agenda Item F, February 16-17,2012, EQC meeting) 

Attachment 3: Provisions submitted for approval 

3.1 Adopted and amended rules submitted to Secretary of State 

3.1a General Air Pollution Procedures and Definitions: OAR 340-

200-: 0020, 0040. Effective May 17,2012 

3.1 b Stationary Source Notification Requirements: OAR 340-210-: 

0100,0110,0120,0250. Effective May 17,2012 

3.lc Requirements for Fuel Burning Equipment and Fuel Sulfur 

Content: OAR 340-228-: 0020, 0200, 0210. Effective May 17, 

2012 

3.ld Heat Smart Program for Residential Woodstoves and Other Solid 

Fuel Heating Devices: OAR 340-262-: 0450, 0600. Effective 

May 17,2012 

3.2 Redline/strikeout version of adopted and amended rules submitted 

to Secretary of State 

3.2a General Air Pollution Procedures and Definitions: OAR 340-

200-: 0020, 0040. Effective May 17, 2012 

3.2b Stationary Source Notification Requirements: OAR 340-210-: 

0100, 0110, 0120, 0250. Effective May 17, 2012 

3.2c Requirements for Fuel Burning Equipment and Fuel Sulfur 

Content: OAR 340-228-: 0020, 0200, 0210. Effective May 17, 

2012 

3.2d Heat Smart Program for Residential Woodstoves and Other Solid 

Fuel Heating Devices: OAR 340-262-: 0450, 0600. Effective 

May 17,2012 

Attachment 4: Evidence that the state followed the Administrative Procedures Act 

4.1 Public notice in the Secretary of State's Oregon Bulletin, August I, 

2011 publication 

4.2 Certificate and Order for Filing Permanent Administrative Rules, filed 

May 17,2012 and effective May 17, 2012 
Attachment 5: Evidence of adequate public notice 

5.1 Affidavit of Publication: The Oregonian, Notice of July 18,2011 

Attachment 6: Certification of public bearing 

See paragraph #3 of cover letter and Attachment 7.1 

Attachment 7: Compilation of public comment and department's response 

7.1 Presiding Officer's Report for rulemaking hearing on August 18, 2011, 

dated September 16, 2011 

7.2 Summary of public comment and agency response, dated September 

12,2011 
4.2 

See Attachment 1.1 "Commission Authority" (page #3 of Staff Report, Agenda Item F, February 16-17, 2012, EQC 

Attachment 1 

Evidence the state has adopted the revision 

1.1 Staff Report, Agenda Item F of the February 16-17,2012, EQC meeting 

Also see Certificate and Order for Filing Permanent Administrative Rules in Attachment 4.2 

( 

( 

Attachment 1.1, page 1 

State of Oregon 

Department of Environmental Quality Memorandum 

Date: Jan. 23,2012 

To: 

From: 

Environmental Quality conyryss~oJJ 

Dick Pedersen, Director tu~' O 

Subject: Agenda item F, Action item, Rulemaking: Small and mid-size boiler rule · 

amendments · 

Feb.16-17,2012,EQCmeeting 

Why this is 

important 

DEQ 

recommendation 

andEQC 

motion 

Background and 

need for 

rulemaldng 

DEQ's·Heat Smart rules, as revised and approved by the commission in 

2011, had the unintended consequence of limiting the sale and use of 

some small-scale biomass or solid-fuel-burning commercial, industrial 

and institutional boilers. These boilers are necessary for biomass 

energy initiatives planned in Oregon. DEQ proposes the attached rule 

revisions to exempt such boilers from Heat Smart rules, provided they 

meet certain conditions. 

DEQ recommends that the commission adopt the proposed revisions to 

Oregon Administrative Rules, Chapter 340; divisions 200, 210, 228 and 

262 as presented in attachment A. DEQ also recommends that the 

commission amend the Oregon Clean Air Act State Implementation 

Plan, and authorize DEQ to submit these revisions to the U.S. 

Environmental Protection Agency for approval as revisions to Oregon's 

plan. 

In February 2011, the commission revised the Heat Smart rules to 

require small-scale solid fuel burning devices with maximum heat 

output capacities below one million BTUs per hour to meet EPA's New 

Source Performance Standards for residential wood healing appliances 1 

in order to be sold in Oregon. After adopting the revisions, it came to 

DEQ's attention that the rules bad tbe unintended consequence of 

affecting small-scale commercial, industrial and institutional woodfrred boilers. 

The Heat Smart rules primarily address residential.wood heating 

devices, including residential outdoor wood-fired boilers, also known 

as hydronic heaters, but can also apply to some small-scale commercial 

space heating systems that use wood as a primary fuel. Small and midsize biomass boilers used for commercial, institutional and industrial 

facilities are at a different scale than those used for residential or small1 40 CFR Part 60, Subpart AAA 

Item F 000001 
( 

Action item: Small and mid-size boiler rule amendments rutemaking 

Feb. 16-17, 2012, EQC meeting 

Page 2 of4 

Effect of rule 

scale commercial space heating, and should not be subject to Heat 

Smart rules. Typically, these boilers are for wood drying applications 

and for heating much larger spaces, such as schools or hospitals. Such 

boilers are already subject to existing state and federal air quality 

standards, including fedetal air taxies standards."'The current Heat 

Smart rules unintentionally restrict the sale of these units in Gregori. 

To resolve this concern, DEQ is proposing to exempt small-scale 

industrial, commercial, and institutional sold fuel boilers with heat 

outputs less than one million BTUs per hour from Beat Smart rules if 

they obtain construction approval from DEQ and are also subject to 

National Emission Standards for Hazardous Air Pollutants. This 

exemption would allow the sale of these small biomass boilers in 

· Oregon. 

The proposed rule amendments also contain clarifications to existing 

rules affecting smaller emissions sources not subject to DEQ permitting 

requirements. Existing rules require that all air contaminant sources 

provide DEQ a Notice to Construct, and require sources, at DEQ's 

request, to register annually with DEQ: The proposed rules clarify these 

requirements generally and make clear that registration applies to the 

owner or operator of industrial, commercial and institutional boilers 

that are located at unpermitted facilities and are subject to National 

Emission Standards for Hazardous Air Pollutants. With registration, 

DEQ can provide technical assistance and can verify that the solid fuelburning device c.omplies with applicable NESHAPs as well as state 

standards for opacity and particulate grain loading. 

The commission adopted a temporary rule June 17, 2011, that provided 

an exemption to Heat Smart rules for small-scale biomass boilers. That 

temporary rule expired Dec: !9, 2011, in accordance with the sixmonth time limit for temporary rules. If adopted, these proposed rules 

would make permanent the Heat Smart exemption and allow the sale of 

commercial, industrial and institutional solid fuel boilers subject to 

National Emissions Standards for. Hazardous Air Pollutants with heat 

outputs less than one million BTUs per hour that have obtained 

construction approval from DEQ. · 

The proposed rules also clarify that DEQ may require source testing or 

registration as a condition of approving construction of an emission 

source not subject to permitting. Registrations would be triggered in the 

future upon DEQ request, allowing DEQ to phase-in the registration 

process and manage the workload of providing technical assistance to 

boiler owners. Registrants would be reqnired to update their 

registration information annually. An owner or operator of a boiler at 

an existing facility with an air quality permit will continue to 

Attachment 1. 1, page 2 

ttem F ·ooooo2 
( 

,, 

Attachment 1. 1, page 3 

Action item: Smal! and mid-size boi!er rule amendments rulemaking 

Feb. 16-17, 2012, EQC meeting 

Page 3 of4 

Commission 

authority 

Key issues 

demonstrate compliance with applicable emissions standards through 

pennitting. 

There is no registration fee associated with the proposed rule 

amendments, but there could be costs to owners and operators of the 

relevant devices. Those costs would be for any source testing DEQ 

detennines is necessary for the device to demonstrate compliance with 

the grain loading standard. 

The proposed rule amendments also improve readability of rules for 

sulfur dioxide standards (OAR 340-228-0200}and grain loading 

standards (OAR 340-228-0120) for fuel burning equipment. 

This proposed rulemaking would amend the State of Oregon Clean Air 

Act State lmplementation Plan. 

The commission has authority to take this action under ORS 468, 

ORS 468A, ORS 468.020, ORS 468A.025, ORS 468A.035, ORS 

468A.050, ORS 468A.055, ORS 468A.070, ORS 468A.460 to 

468A.515, and ORS 468A.310. 

Several small-scale commercial, industrial and institutional biomass 

boiler projects are under development across the state as part of 

Oregon's biomass initiative. These projects are relying on federal and 

Oregon Department of Energy funding, with critical project time lines. 

Without these proposed rule amendments, some projects under the state 

biomass initiative would not be allowed in Oregon. 

DEQ's temporary Heat Smart rule, adopted June 2011, required all new 

small and mid-size commercial, industrial and institutional solid fuel 

burning devices to register with DEQ within six months of construction, 

and the subsequent pennanent rulemaking documents proposed for public 

comment in July 2011 were drafted to reflect that proposal. DEQ has 

modified its pennanent proposal to require registration only upon DEQ's 

request. This allows DEQ more flexibility to require registration only 

whim necessary under the initial construction approval process, and to 

phase in any ongoing registration requirements as DEQ's resources allow. 

Public outreach DEQ held a stakeholder meeting to discuss the proposed temporary rule 

amendments in Portland in June 2011. DEQ's public comment period 

for the proposed pennanent rule amendments was open July 15 to Aug. 

25,2011, and DEQ held a public hearing Aug. 18,2011. No one from 

the public attended the hearing. DEQ received written comments from 

one commenter during the comment period. 

Item F 000003 
( 

( 

Attachment 1. 1, page 4 

Action item: Small and mid~size boiler rule amendments rulemaking 

Feb. 16-17, 2012, EQC meeting 

Page4 of4 

Next steps 

Attachments 

Available upon 

request 

If adopted, the proposed permanent rule ·amendments would become 

effective upon filing with the Secretary of State. DEQ's Air Quality 

Division will provide technical. assistance to owners and operators of 

biomass boilers and other solid fuel burning devices. Outreach 

activities will be coordinated and implemented through DEQ's Small. 

Business Assistance Program. DEQ will develop a simple, web-based 

construction approval and registration tool for solid fuel burning 

devices affected by these rules. For more information, the technical 

assistance implementation plan is available upon request. 

A. Proposed rules (redline) 

B .. Public hearing officer's report 

C. Public comment and agency responses 

D. Relationship to Federal Requirements questions 

E. Statement of Need and Fiscal and Economic Impact 

F. Land use evaluation stateUJent 

1. Rulemaking announcement 

2. Technical Assistance Implementation Plan 

3. Temporary Rulemaking documents 

4. EPA Area Source MACT rules 

Approved: 

Report prepared by: Carrie Capp 

Phone: 503-229-5868 

Item F 000004 
Attachment 2 

Evidence that the state has the necessary legal authority 

See Attachment 1.1 "Commission Authority" (page #3 of Staff Report, Agenda Item F of the 

February 16-17,2012, EQC meeting) 

Attachment 3 

Provisions submitted for approval 

3.1 Adopted and amended rules submitted to Secretary of State 

3.la General Air Pollution Procedures aod Definitions: OAR 340-200-: 0020, 0040. 

Effective May 17, 2012 

3.1 b Stationary Source Notification Requirements: OAR 340-210-: 0100, 0110, 0120, 

0250. Effective May 17,2012 

3.1c Requirements for Fuel Buming Equipment aod Fuel Sulfur Content: OAR 340-

228-: 0020,0200, 0210. Effective May 17, 2012 

3.ld Heat Smart Program for Residential Woodstoves and Other Solid Fuel Heating 

Devices: OAR 340-262-: 0450, 0600. Effective May 17,2012 

3.2 Redline/strikeout version of adopted and amended rules submitted to Secretary of State 

3.2a General Air Pollution Procedures and Definitions: OAR 340-200-: 0020, 0040. 

Effective May 17, 2012 

3.2b Stationary Source Notification Requirements: OAR 340-210-: 0100,0110, 0120, 

0250. Effective May 17, 2012 

3.2c Requirements for Fuel Buming Equipment aod Fuel Sulfur Content: OAR 340-

228-: 0020,0200,0210. Effective May 17,2012 

3.2d Heat Smart Program for Residential Woodstoves aod Other Solid Fuel Heating 

Devices: OAR 340-262-: 0450, 0600. Effective May 17, 2012 

340-200-0020 

GENERAL AIR POLLUTION 

PROCEDURES AND DEFINITIONS 

General 

General Air Quality Definitions 

As used in divisions 200 through 268, unless specifically defined otherwise: 

Attachment 3.1a, page 1 

(1) "Act" or "FCAA" means the Federal Clean Air Act, 42 U.S.C.A. 7401 to 7671q. 

(2) "Activity" means any process, operation, action, or reaction (e.g., chemical) at a source that emits a 

regulated pollutant. 

(3) "Actual emissions" means the mass emissions of a pollutant from an emissions source during a 

specified time period. 

(a) For determining actual emissions as of the baseline period: 

(A) Except as provided in paragraphs (B) and (C) of this subsection and subsection (b) of this section, 

actual emissions equal the average rate at which the source actually emitted the pollutant during an 

applicable baseline period and that represents normal source operation; 

(B) The Department presumes that the source-specific mass emissions limit included in a source's permit 

that was effective on September 8, 1981 is equivalent to the source's actual emissions during the 

applicable baseline period if it is within 10% of the actual emissions calculated under paragraph (A) of 

this subsection. 

(C) Actual emissions equal the potential to emit of the source for the sources listed in paragraphs (i) 

through (iii) of this paragraph. The actual emissions will be reset if required in accordance with 

subsection (c) of this section. 

(i) Any source or part of a source that had not begun nortnal operations during the applicable baseline 

period but was approved to construct and operate before or during the baseline period in accordance 

with OAR 340 division 210, or 

(ii) Any source or part of a source of greenhouse gases that had not begun normal operations prior to 

January I, 2010, but was approved to construct and operate prior to January 1, 2011 in accordance with 

OAR 340 division 210, or 

(iii) Any source or part of a source that had not begun normal operations during the applicable baseline 

period and was not required to obtain approval to construct and operate before or during the applicable 

baseline period. 

(b) For any source or part of a source that had not begun normal operations during the applicable 

baseline period, but was approved to construct and operate in accordance with OAR 340 division 224, 
Attachment 3.1a, page 2 

actual emissions on the date the permit is issued equal the potential to emit of the source. The actual 

emissions will be reset if required in accordance with subsection (c) of this section. 

(c) Where actual emissions equal potential to emit under paragraph (a)(C) or subsection (b) of this 

section, the potential emissions will be reset to actual emissions as follows: 

(A) Paragraphs (A) through (D) of this subsection apply to sources whose actual emissions of 

greenhouse gases were determined pursuant paragraph 3(a)(C), and to all other sources of all other 

regulated pollutants that are permitted in accordance with OAR division 224 on or after May 1, 201 L 

(B) Except as provided in paragraph (D) of this subsection, ten years from the end of the applicable 

baseline period under paragraph (a)(C) or ten years from the date the permit is issued under subsection 

(b), or an earlier time if requested by the source in a permit application involving public notice, the 

Department will reset actual emissions to equal the highest actual emission rate during any consecutive 

12-month period during the ten year period or any shorter period if requested by the source. 

(C) Any emission reductions achieved due to enforceable permit conditions based on OAR 340-226-

0110 and 0120 (highest and best practicable treatment and control) are not included in the reset 

calculation required in paragraph (B) of this subsection. 

(D) The Department may extend the date of resetting by five additional years upon satisfactory 

demonstration by the source that construction is ongoing or normal operation has not yet been achieved. 

(d) For determining actual emissions for Emission Statements under OAR 340-214-0200 through 340-

214-0220 and Oregon Title V Operating Permit Fees under OAR 340 division 220, actual emissions 

include, but are not limited to, routine process emissions, fugitive emissions, excess emissions from 

maintenance, startups and shutdowns, equipment malfunction, and other activities, except categorically 

insignificant activities and secondary emissions. 

(e) For Oregon Title V Operating Permit Fees under OAR 340 division 220, actual emissions must be 

directly measured with a continuous monitoring system or calculated using a material balance or verified 

emission factor determined in accordance with division 220 in combination with the source's actual 

operating hours, production rates, or types of materials processed, stored, or combusted during the 

specified time period. 

(4) "Adjacent" means interdependent facilities that are nearby to each other. 

(5) "Affected source" means a source that includes one or more affected units that are subject to 

emission reduction requirements or limitations under Title IV of the FCAA. 

(6) "Affected states" means all states: 

(a) Whose air quality may be affected by a proposed permit, permit modification, or permit renewal and 

that are contiguous to Oregon; or 

(b) That are within 50 miles of the permitted source. 

(7) "Aggregate insignificant emissions" means the annual actual emissions of any regulated air pollutant 

from one or more designated activities at a source that are less than or equal to the lowest applicable 
Attachment 3.1 a, page 3 

level specified in this section. The total emissions from each designated activity and the aggregate 

emissions from all designated activities must be less than or equal to the lowest applicable level 

specified. 

(a) One ton for total reduced sulfur, hydrogen sulfide, sulfuric acid mist, any Class I or II substance 

subject to a standard promulgated under or established by Title VI of the Act, and each criteria pollutant, 

except lead; 

(b) 120 pounds for lead; 

(c) 600 pounds for fluoride; 

(d) 500 pounds for PM10 in a PMlO nonattainment area; 

(e) 50.0 pounds for direct PM2.5 in a PM2.5 nonaitainment area; 

(f) The lesser of the amount established in OAR 340-244-0040, Table 1 or 340-244-0230, Table 3, or 

1,000 pounds; 

(g) An aggregate of 5,000 pounds for all Hazardous Air Pollutants; 

(h) 2,756 tons C02e for greenhouse gases. 

(8) "Air Contaminant" means a dust, fume, gas, mist, odor, smoke, vapor, pollen, soot, carbon, acid or 

particulate matter, or any combination thereof. 

(9) "Air Contaminant Discharge Permit" or "ACDP" means a written permit issued, renewed, amended, 

or revised by the Department, pursuant to OAR 340 division 216. 

(10) "Alternative method" means any method of sampling and analyzing for an air pollutant that is not a 

reference or equivalent method but has been demonstrated to the Department's satisfaction to, in specific 

cases, produce results adequate for determination of compliance. An alternative method used to meet an 

applicable federal requirement for which a reference method is specified must be approved by EPA 

unless EPA has delegated authority for the approval to the Department. · 

(11) "Ambient Air" means that portion of the atmosphere, external to buildings, to which the general 

public has access. 

(12) "Applicable requirement" means all of the following as they apply to emissions units in an Oregon 

Title V Operating Permit program source or ACDP program source, including requirements that have 

been promulgated or approved by the EPA through rule making at the time of issuance but have futureeffective compliance dates: 

(a) Any standard or other requirement provided for in the applicable implementation plan approved or 

promulgated by the EPA through rulemaking under Title I of the Act that implements the relevant 

requirements of the Act, including any revisions to that plan promulgated in 40 CPR Part 52; 
Attachment 3. 1 a, page 4 

(b) Any standard or other requirement adopted under OAR 340-200-0040 of the State of Oregon Clean 

Air Act Implementation Plan that is more stringent than the federal standard or requirement which has 

not yet been approved by the EPA, and other state-only enforceable air pollution control requirements; 

(c) Any term or condition in an ACDP, OAR 340 division 216, including any term or condition of any 

preconstruction permits issued pursuant to OAR 340 division 224, New Source Review, until or unless 

the Department revokes or modifies the term or condition by a permit modification; 

(d) Any term or condition in a Notice of Construction and Approval of Plans, OAR 340-210-0205 

through 340-210-0240, until or unless the Department revokes or modifies the term or condition by a 

Notice of Construction and Approval of Plans or a permit modification; 

(e) Any term or condition in a Notice of Approval, OAR 340-218-0190, issued before July 1, 2001, until 

or unless the Department revokes or modifies the term or condition by a Notice of Approval or a permit 

modification; 

(f) Any term or condition of a PSD permit issued by the EPA until or unless the EPA revokes or 

modifies the term or condition by a permit modification; 

(g) Any standard or other requirement under section 111 of the Act, including section 111 (d); 

(h) Any standard or other requirement under section 112 of the Act, including any requirement 

concerning accident prevention under section 112(r)(7) of the Act; 

(i) Any standard or other requirement of the acid rain program under Title IV of the Act or the 

regulations promulgated thereunder; 

G) Any requirements established pursuant to section 504(b) or section 114(a)(3) of the Act; 

(k) Any standard or other requirement under section 126(a)(1) and( c) of the Act; 

(!)Any standard or other requirement governing solid waste incineration, under section 129 of the Act; 

(m) Any standard or other requirement for consumer and commercial products, under section 183( e) of 

the Act; 

(n) Any standard or other requirement for tank vessels, under section 183(f) of the Act; 

( o) Any standard or other requirement of the program to control air pollution from outer continental 

shelf sources, under section 328 of the Act; 

(p) Any standard or other requirement of the regulations promulgated to protect stratospheric ozone 

under Title VI of the Act, unless the Administrator has determined that such requirements need not be 

contained in an Oregon Title V Operating Permit; and 

( q) Any national ambient air quality standard or increment or visibility requirement under part C of Title 

I of the Act, but only as it would apply to temporary sources permitted pursuant to section 504( e) of the 

Act. 
Attachment 3.1 a, page 5 

(13) "Baseline Emission Rate" means the actual emission rate during a baseline period. Baseline 

emission rate does not include increases due to voluntary fuel switches or increased hours of operation 

that occurred after that baseline period. 

(a) A baseline emission rate will be established only for regulated pollutants subject to OAR 340 

division 224 as specified in the definition of regulated pollutant. A baseline emission rate will not be 

established for PM2.5. 

(b) The baseline emission rate for greenhouse gases, on a C02e basis, will be established with the first 

permitting action issued after July 1, 2011, provided the permitting action involved a public notice 

peliod that began after July I, 2011. 

(c) For a pollutant that becomes a regulated pollutant subject to OAR 340 division 224 after May 1, 

2011, the initial baseline emission rate is the actual emissions of that pollutant during any consecutive 

12 month period within the 24 months immediately preceding its designation as a regulated pollutant if a 

baseline period has not been defined for the pollutant. 

(d) The baseline emission rate will be recalculated if actual emissions are reset in accordance with the 

definition of actual emissions. 

(e) Once the baseline emission rate has been established or recalculated in accordance with subsection 

(d) of this section, the production basis for the baseline emission rate may only be changed if a material 

mistake or an inaccurate statement was made in establishing the production basis for baseline emission 

rate. 

(14) "Baseline Period" means: 

(a) Any consecutive 12 calendar month period during the calendar years 1977 or 1978 for any regulated 

pollutant other than greenhouse gases. The Department may allow the use of a prior time period upon a 

determination that it is more representative of normal source operation. 

(b) Any consecutive 12 calendar month period during the calendar years 2000 through 2010 for 

greenhouse gases. 

(15) "Best Available Control Technology" or "BACT" means an emission limitation, including, but not 

limited to, a visible emission standard, based on the maximum degree of reduction of each air 

contaminant subject to regulation under the Act which would be emitted from any proposed major 

source or major modification which, on a case-by-case basis, taking into account energy, environmental, 

and economic impacts and other costs, is achievable for such source or modification through application 

of production processes or available methods, systems, and techniques, including fuel cleaning or 

treatment or innovative fuel combustion techniques for control of such air contaminant. In no event may 

the application of BACT result in emissions of any air contan1inant that would exceed the emissions 

allowed by any applicable new source performance standard or any standard for hazardous air pollutant. 

If an emission limitation is not feasible, a design, equipment, work practice, or operational standard, or 

combination thereof, may be required. Such standard must, to the degree possible, set forth the emission 

reduction achievable and provide for compliance by prescribing appropriate permit conditions. 

(16) "Biomass" means non-fossilized and biodegradable organic material originating from plants, 

animals, and micro-organisms, including products, byproducts, residues and waste from agriculture, 
Attachment 3.1a, page 6 

forestry, and related industries as well as the non-fossilized and biodegradable organic fractions of 

industrial and municipal wastes, including gases and liquids recovered from the decomposition of nonfossilized and biodegradable organic matter. 

(17) "Capacity" means the maximum regulated pollutant emissions from a stationary source under its 

physical and operational design. 

(18) "Capture system" means the equipment (including but not limited to hoods, ducts, fans, and booths) 

used to contain, capture and transport a pollutant to a control device. 

(19) "Carbon dioxide equivalent" or "C02e" means an amount of a greenhouse gas or gases expressed 

as the equivalent amount of carbon dioxide, and shall be computed by multiplying the mass of each of · 

the greenhouse gases by the global warming potential published for each gas at 40 CFR Part 98, subpart 

A, Table A-1--Global Warming Potentials, and adding the resulting value for each greenhouse gas to 

compute the total equivalent amount of carbon dioxide. 

(20) "Categorically insignificant activity" means any of the following listed pollutant emitting activities 

principally supporting the source or the major industrial group. Categorically insignificant activities 

must comply with all applicable requirements. 

(a) Constituents of a chemical mixture present at less than 1% by weight of any chemical or compound 

regulated under divisions 200 through 268 excluding divisions 248 and 262 of this chapter, or less than 

0.1% by weight of any carcinogen listed in the U.S. Department of Health and Human Service's Annual 

Report on Carcinogens when usage of the chemical mixture is less than 100,000 pounds/year; 

(b) Evaporative and tail pipe emissions from on-site motor vehicle operation; 

(c) Distillate oil, kerosene, and gasoline fuel burning equipment rated at less than or equal to 0.4 million 

Btulhr; 

(d) Natural gas and propane burning equipment rated at less than or equal to 2.0 million Btulhr; 

(e) Office activities; 

(f) Food service activities; 

(g) Janitorial activities; 

(h) Personal care activities; 

(i) Groundskeeping activities including, but not limited to building painting and road and parking lot 

maintenance; 

G) On-site laundry activities; 

(k) On-site recreation facilities; 

(I) Instrument calibration; 
Attachment 3.1 a, page 7 

(m) Maintenance and repair shop; 

(n) Automotive repair shops or storage garages; 

( o) Air cooling or ventilating eqnipment not designed to remove air contaminants generated by or 

released from associated equipment; 

(p) Refrigeration systems with less than 50 pounds of charge of ozone depleting substances regulated 

under Title VI, including pressure tanks used in refrigeration systems but excluding any combustion 

equipment associated with such systems; 

( q) Bench scale laboratory equipment and laboratory equipment used exclusively for chemical and 

physical analysis, including associated vacuum producing devices but excluding research and 

development facilities; 

(r) Temporary construction activities; 

(s) Warehouse activities; 

(t) Accidental fires; 

(u) Air vents from air compressors; 

(v) Air purification systems; 

(w) Continuons emissions monitoring vent lines; 

(x) Demineralized water tanks; 

(y) Pre-treatment of municipal water, including use of deionized water purification systems; 

(z) Electrical charging stations; 

(aa) Fire brigade training; 

(bb) Instrument air dryers and distribution; 

( cc) Process raw water filtration systems; 

( dd) Pharmaceutical packaging; 

( ee) Fire suppression; 

(ff) Blueprint making; 

(gg) Routine maintenance, repair, and replacement such as anticipated activities most often associated 

wiih and performed during regularly scheduled equipment outages to maintain a plant and its equipment 

in good operating condition, including but not limited to steam cleaning, abrasive nse, and 

woodworking; 
Attachment 3.1 a, page 8 

(hh) Electric motors; 

(ii) Storage tanks, reservoirs, transfer and lubricating equipment used for ASTM grade distillate or 

residual fuels, lubricants, and hydraulic fluids; 

(jj) On-site storage tanks not subject to any New Source Performance Standards (NSPS), including 

underground storage tanks (UST), storing gasoline or diesel used exclusively for fueling of the facility's 

fleet of vehicles; 

(kk) Natural gas, propane, and liquefied petroleum gas (LPG) storage tanks and transfer equipment; 

(ll) Pressurized tanks containing gaseous compounds; 

(mm) Vacuum sheet stacker vents; 

(nn) Emissions from wastewater discharges to publicly owned treatment works (POTW) provided the 

source is authorized to discharge to the POTW, not including on-site wastewater treatment and/or 

holding facilities; 

( oo) Log ponds; 

(pp) Storm water settling basins; 

( qq) Fire suppression and training; 

(rr) Paved roads and paved parking lots within an urban growth boundary; 

(ss) Hazardous air pollutant emissions of fugitive dust from paved and unpaved roads except for those 

sources that have processes or activities that contribute to the deposition and entrainment of hazardous 

air pollutants from surface soils; 

(tt) Health, safety, and emergency response activities; 

(uu) Emergency generators and pumps used only during Joss of primary equipment or utility service due 

to circumstances beyond the reasonable control of the owner or operator, or to address a power 

emergency as determined by the Department; 

(vv) Non-contact steam vents and leaks and safety and relief valves for boiler steam distribution 

systems; 

(ww) Non-contact steam condensate flash tanks; 

(xx) Non-contact steam vents on condensate receivers, deaerators and similar equipment; 

(yy) Boiler blowdown tanks; 

(zz) Industrial cooling towers that do not use chromium-based water treatment chemicals; 

(aaa) Ash piles maintained in a wetted condition and associated handling systems and activities; 
Attachment 3.1 a, page 9 

(bbb) Oil/water separators in effluent treatment systems; 

( ccc) Combustion source flame safety purging on startup; 

( ddd) Broke beaters, pulp and repulping tanks, stock chests and pulp handling equipment, excluding 

thickening equipment and repulpers; 

( eee) Stock cleaning and pressurized pulp washing, excluding open stock washing systems; and 

(fff) White water storage tanks. 

(21) "Certifying individual" means the responsible person or official authorized by the owner or operator 

of a source who certifies the accuracy of the emission statement. 

(22) "CFR" means Code of Federal Regulations. 

(23) "Class I area" means any Federal, State or Indian reservation land which is classified or reclassified 

as Class I area. Class I areas are identified in OAR 340-204-0050. 

(24) "Commence" or "commencement" means that the owner or operator has obtained all necessary 

preconstruction approvals required by the Act and either has: 

(a) Begun, or caused to begin, a continuous program of actual on-site construction of the source to be 

completed in a reasonable time; or 

(b) Entered into binding agreements or contractual obligations, which cmmot be canceled or modified 

without substantial loss to the owner or operator, to undertake a program of construction of the source to 

be completed in a reasonable time. 

(25) "Commission" or "EQC" means Environmental Quality Commission. 

(26) "Constant Process Rate" means the average variation in process rate for the calendar year is not 

greater than plus or minus ten percent of the average process rate. 

(27) "Construction": 

(a) Except as provided in subsection (b) of this section means any physical change including, but not 

limited to, fabrication, erection, installation, demolition, or modification of a source or part of a source; 

(b) As used in OAR 340 division 224 means any physical change including, but not limited to, 

fabrication, erection, installation, demolition, or modification of an emissions unit, or change in the 

method of operation of a source which would result in a change in actual emissions. 

(28) "Continuous compliance detennination method" means a method, specified by the applicable 

standard or an applicable permit condition, which: 

(a) Is used to detennine compliance with an emission limitation or standard on a continuous basis, 

consistent with the averaging period established for the emission limitation or standard; and 
Attachment 3.1a, page 10 

(b) Provides data either in units of the standard or correlated directly with the compliance limit. 

(29) "Continuous Monitoring Systems" means sampling and analysis, in a timed sequence, using 

techniques which will adequately reflect actual emissions or concentrations on a continuing basis in 

accordance with the Department's Continuous Monitoring Manual, and includes continuous emission 

monitoring systems, continuous opacity monitoring system (COMS) and continuous parameter 

monitoring systems. 

(30) "Control device" means equipment, other than inherent process equipment that is used to destroy or 

remove air pol!utant(s) prior to discharge to the atmosphere. The types of equipment that may 

commonly be used as control devices include, but are not limited to, fabric filters, mechanical collectors, 

electrostatic precipitators, inertial separators, afterburners, thermal or catalytic incinerators, adsorption 

devices( such as carbon beds), condensers, scrubbers( such as wet collection and gas absorption devices), 

selective catalytic or non-catalytic reduction systems, flue gas recirculation systems, spray dryers, spray 

towers, mist eliminators, acid plants, sulfur recovery plants, injection systems( such as water, steam, 

anunonia, sorbent or limestone injection), and combustion devices independent of the particular process 

being conducted at an emissions unit( e.g., the destruction of emissions achieved by venting process 

emission streams to flares, boilers or process heaters). For purposes of OAR 340-212-0200 through 340-

212-0280, a control device does not include passive control measures that act to prevent pollutants from 

forming, such as the use of seals, lids, or roofs to prevent the release of pollutants, use of low-polluting 

fuel or feedstocks, or the use of combustion or other process design features or characteristics. If an 

applicable requirement establishes that particular equipment which otherwise meets this definition of a 

control device does not constitute a control device as applied to a particular pollutant-specific emissions 

unit, then that definition will be binding for purposes of OAR 340-212-0200 through 340-212-0280. 

(31) "Criteria Pollutant" means nitrogen oxides, volatile organic compounds, particulate matter, PM 10, 

PM2.5, sulfur dioxide, carbon monoxide, or lead. 

(32) "Data" means the results of any type of monitoring or method, including the results of instrumental 

or non-instrumental monitoring, emission calculations, manual sampling procedures, recordkeeping 

procedures, or any other form of information collection procedure used in connection with any type of 

monitoring or method. 

(33) "De minimis emission levels" mean the levels for the pollutants listed in Table 4. 

NOTE: De minimis is compared to all increases that are not included in the PSEL. 

(34) "Department": 

(a) Means Department of Environmental Quality; except 

(b) As used in OAR 340 divisions 218 and 220 means Department of Environmental Quality or in the 

case of Lane County, Lane Regional Air Protection Agency. 

(35) "Device" means any machine, equipment, raw material, product, or byproduct at a source that 

produces or emits a regulated pollutant. 

(36) "Direct PM2.5" has the meaning provided in the definition ofPM2.5. 
Attachment 3.1 a, page 11 

(3 7) "Director" means the Director of the Department or the Director's designee. 

(38) "Draft pennit" means the version of an Oregon Title V Operating Permit for which the Department 

or Lane Regional Air Protection Agency offers public participation under OAR 340-218-021 0 or the 

EPA and affected State review under 340-218-0230. 

(39) "Effective date of the program" means the date that the EPA approves the Oregon Title V Operating 

Permit program submitted by the Department on a full or interim basis. In case of a partial approval, the 

"effective date of the program" for each portion of the program is the date of the EPA approval of that 

portion. 

( 40) "Emergency" means any situation arising from sudden and reasonably unforeseeable events beyond 

the control of the owner or operator, including acts of God, which situation requires immediate 

corrective action to restore nonnal operation, and that causes the source to exceed a technology-based 

emission limitation under the permit, due to unavoidable increases in emissions attributable to the 

emergency. An emergency does not include noncompliance to the extent caused by improperly designed 

equipment, lack of preventative maintenance, careless or improper operation, or operator error. 

( 41) ."Emission" means a release into the atmosphere of any regulated pollutant or any air contaminant. 

(42) "Emission Estimate Adjustment Factor" or "EEAF" means an adjustment applied to an emission 

factor to account for the relative inaccuracy of the emission factor. 

(43) "Emission Factor" means an estimate of the rate at which a pollutant is released into the 

atmosphere, as the result of some activity, divided by the rate of that activity (e.g., production or process 

rate). 

(44)(a) Except as provided in subsection (b) of this section, "Emission Limitation" and "Emission 

Standard" mean a requirement established by a State, local govennnent, or 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, setfuel specifications, or prescribe 

operation or maintenance procedures for a source to assure continuous emission reduction. 

(b) As used in OAR 340-212-0200 through 340-212-0280, "Emission limitation or standard" means any 

applicable requirement that constitutes an emission limitation, emission standard, standard of 

performance or means of emission limitation as defined under the Act. An emission limitation or 

standard may be expressed in terms of the pollutant, expressed either as a specific quantity, rate or 

concentration of emissions (e.g., pounds of S02 per hour, pounds of S02 per million British thermal 

units of fuel input, kilograms ofVOC per liter of applied coating solids, or parts per million by volume 

of S02) or as the relationship of uncontrolled to controlled emissions (e.g., percentage capture and 

destruction efficiency ofVOC or percentage reduction ofS02). An emission limitation or standard may 

also be expressed either as a work practice, process or control device parameter, or other form of 

specific design, equipment, operational, or operation and maintenance requirement. For purposes of 340-

212-0200 through 340-212-0280, an emission limitation or standard does not include general operation 

requirements that an owner or operator may be required to meet, such as requirements to obtain a 

permit, to operate and maintain sources in accordance with good air pollution control practices, to 

develop and maintain a malfunction abatement plan, to keep records, submit reports, or conduct 

monitoring. 
Attachment 3.1 a, page 12 

( 45) "Emission Reduction Credit Banking" means to presently reserve, subject to requirements of OAR 

340 division 268, Emission Reduction Credits, emission reductions for use by the reserver or assignee 

for future compliance with air pollution reduction requirements. 

(46) "Emission Reporting Form" means a paper or electronic form developed by the Department that 

must be completed by the permittee to report calculated emissions, actual emissions, or permitted 

emissions for interim emission fee assessment purposes. 

( 4 7) "Emissions unit" means any part or activity of a source that emits or has the potential to emit any 

regulated air pollutant. 

(a) A part of a source is any machine, equipment, raw material, product, or byproduct that produces or 

emits regulated air pollutants. An activity is any process, operation, action, or reaction (e.g., chemical) at 

a stationary source that emits regulated air pollutants. Except as described in subsection (d) of this 

section, parts and activities may be grouped for purposes of defining an emissions unit if the following 

conditions are met: 

(A) The group used to define the emissions unit may not include discrete parts or activities to which a 

distinct emissions standard applies or for which different compliance demonstration requirements apply; 

and 

(B) The emissions from the emissions unit are quantifiable. 

(b) Emissions units may be defined on a pollutant by pollutant basis where applicable. 

(c) The term emissions unit is not meant to alter or affect the definition of the term "unit" under Title IV 

oftheFCAA. 

(d) Parts and activities cannot be grouped for determining emissions increases from an emissions unit 

under OAR 340-224-0050 through 340-224-0070, or 340 division 210, or for determining the 

applicability of any New Source Performance Standard (NSPS). 

( 48) "EPA" or "Administrator" means the Administrator of the United States Environmental Protection 

Agency or the Administrator's designee. 

( 49) "Equivalent method" means any method of sampling and analyzing for an air pollutant that has 

been demonstrated to the Department's satisfaction to have a consistent and quantitatively known 

relationship to the reference method, under specified conditions. An equivalent method used to meet an 

applicable federal requirement for which a reference method is specified must be approved by EPA 

unless EPA has delegated authority for the approval to the Department. 

(50) "Event" means excess emissions that arise from the same condition and occur during a single 

calendar day or continue into subsequent calendar days. 

(51) "Exceedance" means a condition that is detected by monitoring that provides data in terms of an 

emission limitation or standard and that indicates that emissions (or opacity) are greater than the 

applicable emission limitation or standard( or less than the applicable standard in the case of a percent 

reduction requirement) consistent with any averaging period specified for averaging the results of the 

monitoring. 
Attachment 3.1 a, page 13 

(52) "Excess emissions" means emissions in excess of a permit limit or any applicable air quality rule. 

(53) "Excursion" means a departure from an indicator range established for monitoring under OAR 340-

212-0200 through 340-212-0280 and 340-218-0050(3)(a), consistent with any averaging period 

specified for averaging the results of the monitoring. 

(54) "Federal Land Manager" means with respect to any lands in the United States, the Secretary of the 

federal department with authority over such lands. 

(55) "Federal Major Source" means a source with potential to emit any individual regulated pollutant, 

excluding hazardous air pollutants listed in OAR 340 division 244, greater than or equal to 100 tons per 

year if in a source category listed below, or 250 tons per year if not in a source category listed. In 

addition, for greenhouse gases, a federal major source must also have the potential to emit C02e greater 

than or equal to 100,000 tons per year. The fugitive emissions and insignificant activity emissions of a 

stationary source are considered in determining whether it is a federal major source. Potential to emit 

calculations must include emission increases due to a new or modified source and may include emission 

decreases. 

(a) Fossil fuel-fired steam electric plants of more than 250 million BTU/hour heat input; 

(b) Coal cleaning plants with thermal dryers; 

(c) Kraft pulp mills; 

(d) Portland cement plants; 

(e) Primary Zinc Smelters; 

(f) Iron and Steel Mill Plants; 

(g) Primary aluminum ore reduction plants; 

(h) Primary copper smelters; 

(i) Municipal Incinerators capable of charging more than 50 tons of refuse per day; 

G) Hydrofluoric acid plants; 

(k) Sulfuric acid plants; 

(I) Nitric acid plants; 

(m) Petroleum Refineries; 

(n) Lime plants; 

( o) Phosphate rock processing plants; 

(p) Coke oven batteries; 
Attachment 3.1a, page 14 

( q) Sulfur recovery plants; 

(r) Carbon black plants, furnace process; 

(s) Primary lead smelters; 

(t) Fuel conversion plants; 

(u) Sintering plants; 

(v) Secondary metal production plants; 

(w) Chemical process plants; 

(x) Fossil fuel fired boilers, or combinations thereof, totaling more than 250 million BTU per hour heat 

input; 

(y) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; 

(z) Taconite ore processing plants; 

(aa) Glass fiber processing plants; 

(bb) Charcoal production plants, 

(56) "Final permit" means the version of an Oregon Title V Operating Permit issued by the Department 

or Lane Regional Air Protection Agency that has completed all review procedures required by OAR 

340-218-0120 through 340-218-0240. 

(57) "Form" means a paper or electronic form developed by the Department. 

(58) "Fugitive Emissions": 

(a) Except as used in subsection (b) of this section, means emissions of any air contaminant which 

escape to the atmosphere from any point or area that is not identifiable as a stack, vent, duct, or 

equivalent opening. 

(b) As used to define a major Oregon Title V Operating Permit program source, means those emissions 

which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent 

opening. 

(59) "General permit": 

(a) Except as provided in subsection (b) of this section, means an Oregon Air Contaminant Discharge 

Permit established under OAR 340-216-0060; 

(b) As used in OAR 340 division 218 means an Oregon Title V Operating Permit established under 

OAR 340-218-0090. 
Attachment 3.1a, page 15 

(60) "Generic PSEL" means the levels for the pollutants listed in Table 5. 

NOTE: Sources are eligible for a generic PSEL if expected emissions are less than or equal to the levels 

listed in Table 5. Baseline emission rate and netting basis do not apply to pollutants at sources using 

generic PSELs. 

(61)(a) "Greenhouse Gases" or "GHGs" means the aggregate group of six greenhouse gases: carbon 

dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. Each 

gas is also individually a greenhouse gas. 

(b) The definition of greenhouse gases in subsection (a) of this section does not include, for purposes of 

division 216,218, and 224, carbon dioxide emissions from the combustion or decomposition of biomass 

except to the extent required by federal law. 

(62) "Growth Allowance" means an allocation of some part of an airshed's capacity to accommodate 

future proposed major sources and major modifications of sources. 

(63) "Immediately" means as soon as possible but in no case more than one hour after a source knew or 

should have known of an excess emission period. 

(64) "Inherent process equipment" means equipment that is necessary for the proper or safe functioning 

of the process, or material recovery equipment that the owner or operator documents is installed and 

operated primarily for purposes other than compliance with air pollution regulations. Equipment that 

must be operated at an efficiency higher than that achieved during normal process operations in order to 

comply with the applicable emission limitation or standard is not inherent process equipment. For the 

purposes of OAR 340-212-0200 through 340-212-0280, inherent process equipment is not considered a 

control device. 

(65) "Insignificant Activity" means an activity or emission that the Department has designated as 

categorically insignificant, or that meets the criteria of aggregate insignificant emissions. 

(66) "Insignificant Change" means an off-permit change defined under OAR 340-218-0140(2)(a) to 

either a significant or an insignificant activity which: 

(a) Does not result in are-designation from an insignificant to a significant activity; 

(b) Does not invoke an applicable requirement not included in the permit; and 

(c) Does not result in emission of regulated air pollutants not regulated by the source's permit. 

(67) "Late Payment" means a fee payment which is postmarked after the due date. 

(68) "Lowest Achievable Emission Rate" or "LAER" means that rate of emissions which reflects: the 

most stringent emission limitation which is contained in the implementation plan of any state for such 

class or category of source, unless the owner or operator of the proposed source demonstrates that such 

limitations are not achievable; or the most stringent emission limitation which is achieved in practice by 

such class or category of source, whichever is more stringent. The application of this term cannot penni! 

a proposed new or modified source to emit any air contaminant in excess of the amount allowable under 

applicable New Source Performance Standards (NSPS) or standards for hazardous air pollutants. 
Attachment 3. 1 a, page 16 

(69) "Maintenance Area" means a geographical area of the State that was designated as a nonattainment 

area, redesignated as an attainment area by EPA, and redesignated as a maintenance area by the 

Environmental Quality Commission in OAR 340, division 204. 

(70) "Maintenance Pollutant" means a pollutant for which a maintenance area was formerly designated a 

nonattainment area. 

(71) "Major Modification" means any physical change or change in the method of operation of a source 

that results in satisfYing the requirements of both subsections (a) and (b) ofthis section, or of subsection 

(c) of this section for any regulated air pollutant. Major modifications for ozone precursors or PM2.5 

precursors also constitute major modifications for ozone and PM2.5, respectively. 

(a) Except as provided in subsection (d) of this section, a PSEL that exceeds the netting basis by an 

amount that is equal to or greater than the significant emission rate. 

(b) The accumulation of emission increases due to physical changes and changes in the method of 

operation as determined in accordance with paragraphs (A) and (B) of this subsection is equal to or 

greater than the significant emission rate. 

(A) Calculations of emission increases in subsection (b) of this section must account for all accumulated 

increases in actual emissions due to physical changes and changes in the method of operation occurring 

at the source since the applicable baseline period, or since the time of the last construction approval 

issued for the source pursuant to the New Source Review Regulations in OAR 340 division 224 for that 

pollutant, whichever time is more recent. These include fugitive emissions and emissions from 

insignificant activities. 

(B) Emission increases due solely to increased use of equipment or facilities that existed or were 

permitted or approved to construct in accordance with OAR 340 division 210 during the applicable 

baseline period are not included, except ifthe increased use is to support a physical change or change in 

the method of operation. 

(c) Any change at a source, including production increases, that would result in a Plant Site Emission 

Limit increase of 1 ton or more for any regulated pollutant for which the source is a major source in 

nonattaiument or maintenance areas or a federal major source in attainment or unclassified areas, if the 

source obtained permits to construct and operate after the applicable baseline period but has not 

undergone New Source Review. 

(A) Subsection (c) of this section does not apply to PM2.5 and greenhouse gases. 

(B) Changes to the PSEL solely due to the availability of better emissions information are exempt from 

being considered an increase. 

(d) If a portion of the netting basis or PSEL (or both) was set based on PTE because the source had not 

begun normal operations but was permitted or approved to construct and operate, that portion of the 

netting basis or PSEL (or both) must be excluded from the tests in subsections (a) and (b) of this section 

until the netting basis is reset as specified in the definitions of baseline emission rate and netting basis. 

(e) The following are not considered major modifications: 
Attachment 3.1a, page 17 

(A) Except as provided in subsection (c) of this section, proposed increases in hours of operation or 

production rates that would cause emission increases above the levels allowed in a permit and would not 

involve a physical change or change in method of operation in the source; 

(B) Routine maintenance, repair, and replacement of components; 

(C) Temporary equipment installed for maintenance of the permanent equipment if the temporary 

equipment is in place for less than six months and operated within the permanent equipment's existing 

PSEL; 

(D) Use of alternate fu.el or raw materials, that were available and the source was capable of 

accommodating in the baseline period. 

(72) "Major Source": 

(a) Except as provided in subsection (b) of this section, means a source that emits, or has the potential to 

emit, any regulated air pollutant at a Significant Emission Rate. The fugitive emissions and insignificant 

activity emissions of a stationary source are considered in determining whether it is a major source. 

Potential to emit calculations must include emission increases due to a new or modified source and may 

include emission decreases. 

(b) As used in OAR 340 division 210, Stationary Source Notification Requirements, OAR 340 division 

218, rules applicable to sources required to have Oregon Title V Operating Permits, OAR 340 division 

220, Oregon Title V Operating Permit Fees, and 340-216-0066 Standard ACDPs, means any stationary 

source (or any group of stationary sources that are located on one or more contiguous or adjacent 

properties and are under common control of the same person (or persons under common control)) 

belonging to a single major industrial grouping or supporting the major industrial group and that is 

described in paragraphs (A), (B), (C) or (D) of this subsection. For the purposes of this subsection, a 

stationary source or group of stationary sources is considered part of a single industrial grouping if all of 

the pollutant emitting activities at such source or group of sources on contiguous or adjacent properties 

belong to the same Major Group (i.e., all have the same two-digit code) as described in the Standard 

Industrial Classification Manual (U.S. Office of Management and Budget, 1987) or support the major 

industrial group. 

(A) A major source of hazardous air pollutants, which means: 

(i) For pollutants other than radionuclides, any stationary source or group of stationary sources located 

within a contiguous area and under common control that emits or has the potential to emit, in the 

aggregate, 10 tons per year (tpy) or more of any hazardous air pollutants that has been listed pursuant to 

OAR 340-244-0040; 25 tpy or more of any combination of such hazardous air pollutants, or such lesser 

quantity as the Administrator may establish by rule. Emissions from any oil or gas exploration or 

production well, along with its associated equipment, and emissions from any pipeline compressor or 

pump station will not be aggregated with emissions from other similar units, whether or not such units 

are in a contiguous area or under common control, to determine whether such units or stations are major 

sources; or 

(ii) For radionuclides, "major source" will have the meaning specified by the Administrator by rule. 
Attachment 3.1 a, page 18 

(B) A major stationary source of air pollutants, as defined in section 302 of the Act, that directly emits 

or has the potential to emit 100 tpy or more of any regulated air pollutant, except greenhouse gases, 

including any major source of fugitive emissions of any such pollutant. The fugitive emissions of a 

stationary source are not considered in determining whether it is a major stationary source for the 

purposes of section 302G) of the Act, unless the source belongs to one of the following categories of 

stationary source: 

(i) Coal cleaning plants (with thermal dryers); 

(ii) Kraft pulp mills; 

(iii) Portland cement plants; 

(iv) Primary zinc smelters; 

(v) Iron and steel mills; 

(vi) Primary aluminum ore reduction plants; 

(vii) Primary copper smelters; 

(viii) Municipal incinerators capable of charging more than 50 tons of refuse per day; 

(ix) Hydrofluoric, sulfuric, or nitric acid plants; 

(x) Petroleum refineries; 

(xi) Lime plants; 

(xii) Phosphate rock processing plants; 

(xiii) Coke oven batteries; 

(xiv) Sulfur recovery plants; 

(xv) Carbon black plants( furnace process); 

(xvi) Primary lead smelters; 

(xvii) Fuel conversion plants; 

(xviii) Sintering plants; 

(xix) Secondary metal production plants; 

(xx) Chemical process plants; 

(xxi) Fossil-fuel boilers, or combination thereof, totaling more than 250 million British thermal units per 

hour heat input; 
Attachment 3.1a, page 19 

· (xxii) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; 

(xxiii) Taconite ore processing plants; 

(xxiv) Glass fiber processing plants; 

(xxv) Charcoal production plants; 

(xxvi) Fossil-fuel-fired steam electric plants of more than 250 million British thermal units per hour heat 

input; or 

(xxvii) Any other stationary source category, that as of August 7, 1980 is being regulated under section 

111 or 112 of the Act 

(C) Beginning July 1, 2011, a major stationary source of air pollutants, as defined by Section 302 of the 

Act, that directly emits or has the potential to emit 100 tpy or more of greenhouse gases and directly 

emits or has the potential to emit 100,000 tpy or more C02e, including fugitive emissions. 

(D) A major stationary som-ce as defined in part D of Title I ofthe Act, including: 

(i) For ozone nonattainment areas, sources with the potential to emit 100 tpy or more ofVOCs or oxides 

of nitrogen in areas classified as "marginal" or "moderate," 50 tpy or more in areas classified as 

"serious," 25 tpy or more in areas classified as "severe," and 10 tpy or more in areas classified as 

"extreme"; except that the references in this paragraph of this subsection to 100, 50, 25, and 10 tpy of 

nitrogen oxides do not apply with respect to any source for which the Administrator has made a finding, 

under section 182(£)(1) or (2) of the Act, that requirements under section 182(f) of the Act do not apply; 

(ii) For ozone transport regions established pursuant to section 184 of the Act, sources with the potential 

to emit 50 tpy or more of VOCs; 

(iii) For carbon monoxide nonattainment areas: 

(I) That are classified as "serious"; and 

(II) In which stationary sources contribute significantly to carbon monoxide levels as determined under 

rules issued by the Administrator, sources with the potential to emit 50 tpy or more of carbon monoxide. 

(iv) For particulate matter(PM1 0) nonattainment areas classified as "serious," sources with the potential 

to emit 70tpy or more ofPMlO. 

(73) "Material Balance" means a procedure for determining emissions based on the difference in the 

amount of material added to a process and the amount consumed and/or recovered from a process. 

(74) "Modification," except as used in the term "major modification," means any physical change to, or 

change in the method of operation of, a stationary source that results in an increase in the stationary 

source's potential to emit any regulated air pollutant on an hourly basis. Modifications do not include the 

following: 
Attachment 3.1 a, page 20 

(a) Increases in hours of operation or production rates that do not involve a physical change or change in 

the method of operation; 

(b) Changes in the method of operation due to using an alternative fuel or raw material that the 

stationary source was physically capable of accommodating during the baseline period; and 

(c) Routine maintenance, repair and like-for-like replacement of components unless they increase the 

expected life of the stationary source by using component upgrades that would not otherwise be 

necessary for the stationary source to function. 

(75) "Monitoring" means any form of collecting data on a routine basis to determine or otherwise assess 

compliance with emission limitations or standards. Monitoring may include record keeping ifthe 

records are used to determine or assess compliance with an emission limitation or standard (such as 

records of raw material content and usage, .or records documenting compliance with work practice 

requirements). Monitoring may include conducting compliance method tests, such as the procedures in 

appendix A to 40 CFR part 60, on a routine periodic basis. Requirements to conduct such tests on a onetime basis, or at such times as a regulatory authority may require on a non-regular basis, are not 

considered monitoring requirements for purposes of this definition. Monitoring may include one or more 

than one of the following data collection techniques as appropriate for a.particular circumstance: 

(a) Continuous emission or opacity monitoring systems. 

(b) Continuous process, capture system, control device or other relevant parameter monitoring systems 

or procedures, including a predictive emission monitoring system. 

(c) Emission estimation and calculation procedures (e.g., mass balance or stoichiometric calculations). 

(d) Maintaining and analyzing records of fuel or raw materials usage. 

(e) Recording results of a program or protocol to conduct specific operation and maintenance 

procedures. · 

(f) Verifying emissions, process parameters, capture system parameters, or control device parameters 

using portable or in situ measurement devices. 

(g) Visible emission observations and recording. 

(h) Any other form of measuring, recording, or verifYing on a routine basis emissions, process 

parameters, capture system parameters, control device parameters or other factors relevant to assessing 

compliance with emission limitations or standards. 

(76) "Netting Basis" means the baseline emission rate MINUS any emission reductions required by rule, 

orders, or permit conditions required by the SIP or used to avoid SIP requirements, MINUS any 

unassigned emissions that are reduced from allowable under OAR 340-222-0045, MINUS any emission 

reduction credits transferred off site, PLUS any emission increases approved through the New Source 

Review regulations in OAR 340 division 224 MINUS any emissions reductions required by subsection 

(g) of this section. 
Attachment 3. 1 a, page 21 

(a) A netting basis will only be established for regulated pollutants subject to OAR 340 division 224 as 

specified in the definition of regulated pollutant. 

(b) The initial PM2.5 netting basis and PSEL for a source that was permitted prior to May 1, 2011 will 

be established with the first permitting action issued after July 1, 2011, provided the permitting action 

involved a public notice period that began after July 1, 2011. 

(A) The initial netting basis is the PM2.5 fraction of the PMJO netting basis in effect on May 1, 2011. 

DEQ may increase the initial PM2.5 netting basis by up to 5 tons if necessary to avoid exceedance of the 

PM2.5 significant emission rate as of May 1, 2011. 

(B) Notwithstanding OAR 340-222-0041(2), the initial source specific PSEL for a source with PTE 

greater than or equal to the SER will be set equal to the PM2.5 fraction of the PMI 0 PSEL. 

(c) The initial greenhouse gas netting basis and PSEL for a source will be established with the first 

permitting action issued after July 1, 2011, provided the permitting action involved a public notice 

period that began after July 1, 2011. 

(d) Netting basis is zero for: 

(A) Any regulated pollutant emitted from a source that first obtained permits to construct and operate 

after the applicable baseline period for that regulated pollutant, and has not undergone New Source 

Review for that pollutant; 

(B) Any pollutant that has a generic PSEL in a permit; 

(C) Any source permitted as portable; or 

(D) Any source with a netting basis calculation resulting in a negative number. 

(e) If a source relocates to an adjacent site, and the time between operation at the old and new sites is 

less than six months, the source may retain the netting basis from the old site. 

(f) Emission reductions required by rule, order, or permit condition affect the netting basis if the source 

currently has devices or emissions units that are subject to the rules, order, or permit condition. The 

baseline emission rate is not affected. The netting basis reduction will be effective on the effective date 

of the rule, order, or permit condition requiring the reduction. The PSEL reduction will be effective on 

the compliance date of the rule, order, or permit condition. 

(g) For permits issued after May I, 2011 under New Source Review regulations in OAR 340 division 

224, and where the netting basis initially equaled the potential to emit for a new or modified source, the 

netting basis will be reduced in accordance with the definition of actual emissions. Notwithstanding 

OAR 340-222-0041(2), this adjustment does not require a reduction in the PSEL. 

(h) Emission reductions required by rule do not include emissions reductions achieved under OAR 340-

226-0110 and 0120. 

(i) Netting basis for a pollutant with a revised definition will be adjusted if the source is emitting the 

pollutant at the time of redefining and the pollutant is included in the permit's netting basis. 
Attachment 3.1 a, page 22 

G) Where EPA requires an attainment demonstration based on dispersion modeling, the netting basis 

will be established at no more than the level used in the dispersion modeling to demonstrate attainment 

with the ambient air quality standard (i.e., the attainment demonstration is an emission reduction 

required by rule). 

(77) "Nitrogen Oxides" or "NOx" means all oxides of nitrogen except nitrous oxide. 

(78) "Nonattainment Area" means a geographical area of the State, as designated by the Environmental 

Quality Commission or the EPA, that exceeds any state or federal primary or secondary ambient air 

quality standard. 

(79) "Nonattainment Pollutant" means a pollutant for which an area is designated a nonattainment area. 

(80) "Normal Source Operation" means operations which do not include such conditions as forced fuel 

substitution, equipment malfunction, or highly abnormal market conditions. 

(81) "Offset" means an equivalent or greater emission reduction that is required before allowing an 

emission increase from a proposed major source or major modification of an existing source. 

(82) "Opacity" means the degree to which an emission reduces transmission oflight and obscures the 

view of an object in the background as measured in accordance with OAR 340-212-0120 and 212-0140. 

Unless otherwise specified by rule, opacity shall be measured in accordance with EPA Method 9 or a 

continuous opacity monitoring system (COMS) installed and operated in accordance with the 

Department's Continuous Monitoring Manual. For all standards, the minimum observation period shall 

be six minutes, though longer periods may be required by a specific rule or permit condition. Aggregate 

times (e.g. 3 minutes in any one hour) consist of the total duration of all readings during the observation 

period that equal or exceed the opacity percentage in the standard, whether or not the readings are 

consecutive. 

(83) "Oregon Title V Operating Permit" means any permit covering an Oregon Title V Operating Permit 

source that is issued, renewed, amended, or revised pursuant to division 218. 

(84) "Oregon Title V Operating Permit program" means a program approved by the Administrator under 

40 CFR Part 70. 

(85) "Oregon Title V Operating Permit program source" means any source subject to the permitting 

requirements, OAR 340 division 218. 

(86) "Ozone Precursor" means nitrogen oxides and volatile organic compounds as measured by an 

applicable reference method in accordance with the Department's Source Sampling Manual( January, 

1992) or as measured by an EPA reference method in 40 CFR Part 60, appendix A or as measured by a 

material balance calculation for VOC as appropriate. 

(87) "Ozone Season" means the contiguous 3 month period during which ozone exceedances typically 

occur (i.e., June, July, and August). 

(88) "Particulate Matter" means all finely divided solid or liquid material, other than uncombined water, 

emitted to the ambient air. When used in emission standards, particulate matter is defined by the method 

specified within the standard or by an applicable reference method in accordance with OAR 340-212- · 
Attachment 3.1a, page 23 

0120 and 340-212-0140. Unless otherwise specified, sources with exhaust gases at or near ambient 

conditions may be tested with DEQ Method 5 or DEQ Method 8, as approved by the Department. Direct 

heat transfer sources shall be tested with DEQ Method 7; indirect heat transfer combustion sources and 

all other non-fugitive emissions sources not listed above shall be tested with DEQ Method 5. 

(89) "Permit" means an Air Contaminant Discharge Permit or an Oregon Title V Operating Permit. 

(90) "Permit modification" means a permit revision that meets the applicable requirements of OAR 340 

division 216, 340 division 224, or 340-218-0160 through 340-218-0180. 

(91) "Permit revision" means any permit modification or administrative permit amendment. 

(92) "Permitted Emissions" as used in OAR division 220 means each regulated pollutant portion of the 

PSEL, as identified in an ACDP, Oregon Title V Operating Permit, review report, or by the Department 

pursuant to OAR 340-220-0090. 

(93) "Permittee" means the owner or operator of the facility, authorized by the ACDP or the Oregon 

Title V Operating Permit to operate the source. 

(94) "Person" means individuals, corporations, associations, firms, partnerships, joint stock companies, 

public and municipal corporations, political subdivisions, the State of Oregon and any agencies thereof, 

and the federal government and any agencies thereof. 

(95) "Plant Site Emission Limit" or "PSEL" means the total mass emissions per unit time of an 

individual air pollutant specified in a permit for a source. The PSEL for a major source may consist of 

more than one permitted emission. 

(96) "PM10": 

(a) When used in the context of emissions, means finely divided solid or liquid material, including 

condensable particulate, other than uncombined water, with an aerodynamic diameter less than or equal 

to a nominal I 0 micrometers, emitted to the ambient air as measured by an applicable reference method 

in accordance with the Department's Source Sampling Manual( January, 1992); 

(b) When used in the context of ambient concentration, means airborne finely divided solid or liquid 

material with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured in 

accordance with 40 CFR Part 50, Appendix J. 

(97) "PM2.5": 

(a) When used in the context of direct PM2.5 emissions, means finely divided solid or liquid material, 

including condensable particulate, other than uncombined water, with an aerodynamic diameter less than 

or equal to a nominal2.5 micrometers, emitted to the ambient air as measured-by EPA reference 

methods 201A and 202 in 40 CFR Part 51, appendix M. 

(b) When used in the context of PM2.5 precursor emissions, means sulfur dioxide (S02) and nitrogen 

oxides (NOx) emitted to the ambient air as measured by EPA reference methods in 40 CFR Part 60, 

appendix A. 
Attachment 3.1a, page 24 

(c) When used in the context of ambient concentration, means particles with an aerodynamic diameter 

less than or equal to a nominal 2.5 micrometers as measured by a reference method based on 40 CFR 

Part 50, Appendix L, or an equivalent method designated in accordance with 40 CFR Part 53. 

(98) "PM2.5 fraction" means the fraction of PM2.5 to PM! 0 for each emissions unit that is included in 

the netting basis and PSEL. 

(99) "Pollutant-specific emissions unit" means an emissions unit considered separately with respect to 

each regulated air pollutant. 

(100) "Potential to emit" or "PTE" means the lesser of: 

(a) The capacity of a stationary source; or 

(b) The maximum allowable emissions taking into consideration any physical or operational limitation, 

including air pollution control equipment and restrictions on hours of operation or on the type or amount 

of material combusted, stored, or processed, if the limitation is enforceable by the Administrator. 

(c) This definition does not alter or affect the use of this term for any other purposes under the Act or the 

term "capacity factor" as used in Title IV of the Act and the regulations promulgated thereunder. 

Secondary emissions are not considered in determining the potential to emit. 

(101) "Predictive emission monitoring system (PEMS)" means a system that uses process and other 

parameters as inputs to a computer program or other data reduction system to produce values in terms of 

the applicable emission limitation or standard. 

(1 02) "Process Upset" means a failure or malfunction of a production process or system to operate in a 

normal and usual manner. 

(I 03) "Proposed permit" means the version of an Oregon Title V Operating Permit that the Department 

or a Regional Agency proposes to issue and forwards to the Administrator for review in compliance with 

OAR 340-218-0230. 

(I 04) "Reference method" means any method of sampling and analyzing for an air pollutant as specified 

in 40 CFR Part 52, 60, 61 or 63. 

(105) "Regional Agency" means Lane Regional Air Protection Agency. 

(106) "Regulated air pollutant" or "Regulated Pollutant": 

(a) Except as provided in subsections (b) and( c) of this section, means: 

(A) Nitrogen oxides or any VOCs; 

(B) Any pollutant for which a national ambient air quality standard has been promulgated, including any 

precursors to such pollutants; 

(C) Any pollutant that is subject to any standard promulgated under section Ill of the Act; 
Attachment 3.1a, page 25 

(D) Any Class I or II substance subject to a standard promulgated under or established by Title VI of the 

Act; 

(E) Any pollutant listed under OAR 340-244-0040 or 340-244-0230; and 

(F) Greenhouse Gases. 

(b) As used in OAR 340 division 220, regulated pollutant means particulates, volatile organic 

compounds, oxides of nitrogen and sulfur dioxide. · 

(c) As used in OAR 340 division 224, regulated pollutant does not include any pollutant listed in 

divisions 244 and 246, unless the pollutant is listed in OAR 340 division 200 Table 2 (significant 

emission rates). 

(I 07) "Renewal" means the process by which a permit is reissued at the end of its term. 

(I 08) "Responsible official" means one of the following: 

(a) For a corporation: a president, secretary, treasurer, or vice-president of the corporation in charge of a 

principal business function, or any other person who performs similar policy or decision-making 

functions for the corporation, or a duly authorized representative of such person if the representative is 

responsible for the overall operation of one or more manufacturing, production; or operating facilities 

applying for or subject to a permit and either: 

(A) The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding 

$25 million (in second quarter 1980 dollars); or 

(B) The delegation of authority to such representative is approved in advance by the Department or Lane 

Regional Air Protection Agency. 

(b) For a partnership or sole proprietorship: a general partner or the proprietor, respectively; 

(c) For a municipality, State, Federal, or other public agency: either a principal executive officer or 

ranking elected official. For the purposes of this division, a principal executive officer of a Federal 

agency includes the chief executive officer having responsibility for the overall operations of a principal 

geographic unit of the agency( e.g., a Regional Administrator of the EPA); or 

(d) For affected sources: 

(A) The designated representative in so far as actions, standards, requirements, or prohibitions under 

Title IV of the Act or the regulations promulgated there under are concerned; and 

(B) The designated representative for any other purposes under the Oregon Title V Operating Permit 

program. 

(1 09) "Secondary Emissions" means emissions that are a result of the construction and/or operation of a 

source or modification, but that do not come from the source itself. Secondary emissions must be 

specific, well defined, quantifiable, and impact the same general area as the source associated with the 

secondary emissions. Secondary emissions may include, but are not limited to: 
Attachment 3.1 a, page 26 

(a) Emissions from ships and trains coming to or from a facility; 

(b) Emissions from off-site support facilities that would be constructed or would otherwise increase 

emissions as a result of the construction or modification of a source. 

(II 0) "Section 111" means section 111 of the FCAA which includes Standards of Performance for New 

Stationary Sources (NSPS). 

(111) "Section 111 (d)" means subsection 111 (d) of the FCAA which requires states to submit to the 

EPA plans that establish standards of performance for existing sources and provides for implementing 

and enforcing such standards. 

(112) "Section 112" means section 112 of the FCAA which contains reg11lations for Hazardous Air 

Pollutants (HAP). 

(113) "Section 112(b)" means subsection 112(b) of the FCAA which includes the list of hazardous air 

pollutants to be regulated. 

(114) "Section 112(d)" means subsection 112(d) of the FCAA which directs the EPA to establish 

emission standards for sources of hazardous air pollutants. This section also defines the criteria to be 

used by the EPA when establishing the emission standards. 

(115) "Section 112(e)" means subsection 112(e) of the FCAA which directs the EPA to establish and 

promulgate emissions standards for categories and subcategories of sources that emit hazardous air 

pollutants. 

(116) "Section 112(r)(7)" means subsection 112(r)(7) of the FCAA which req11ires the EPA to 

prom11lgate reg11lations for the prevention of accidental releases and req11ires owners or operators to 

prepare risk management plans. 

(117) "Section 114(a)(3)" means subsection 114(a)(3) of the FCAA which req11ires enhanced monitoring 

and s11bmission of compliance certifications for major so11rces. 

(118) "Section 129" means section 129 of the FCAA which req11ires the EPA to establish emission 

standards and other reqmrements for solid waste incineration 1lllits. 

(119) "Section 129(e)" means S1lbsection 129(e) of the FCAA which requires solid waste incineration 

1lllits to obtain Oregon Title V Operating Permits. 

(120) "Section 182(f)" means subsection 182(f) of the FCAA which req11ires states to inc!11de plan 

provisions in the State Implementation Plan for NOx in ozone nonattainment areas. 

(121) "Section 182(£)(1)" means subsection 182(£)(1) of the FCAA which req11ires states to apply those 

plan provisions developed for major VOC sources and major NOx sources in ozone nonattainment 

areas. 

(122) "Section 183(e)" means s11bsection 183(e) of the FCAA which requires the EPA to study and 

develop regulations for the control of certain VOC sources under federal ozone measures. 
Attachment 3.1a, page 27 

(123) "Section 183(£)" means subsection 182(£) oftlie FCAA which requires the EPA to develop 

regulations pertaining to tank vessels under federal ozone measures. 

(124) "Section 184" means section 184 of the FCAA which contains regulations for the control of 

interstate ozone air pollution. 

(125) "Section 302" means section 302 of the FCAA which contains definitions for general and 

administrative purposes in the Act. 

(126) "Section 302(j)" means subsection 302(j) of the FCAA which contains definitions of"major 

stationary source" and "major emitting facility." 

(127) "Section 328" means section 328 of the FCAA which contains regulations for air pollution from 

outer continental shelf activities. 

(128) "Section 408(a)" means subsection 408(a) of the FCAA which contains regulations for the Title 

IV permit program. 

(129) "Section 502(b )(I 0) change" means a change which contravenes an express permit term but is not 

a change that: 

(a) Would violate applicable requirements; 

(b) Would contravene federally enforceable permit terms and conditions that are monitoring, 

recordkeeping, reporting, or compliance certification requirements; or 

(c) Is a Title I modification. 

(130) "Section 504(b)" means subsection 504(b) of the FCAA which states that the EPA can prescribe 

by rule procedures and methods for determining compliance and for monitoring. 

(131) "Section 504( e)" means subsection 504( e) of the FCAA which contains regulations for permit 

requirements for temporary sources. 

(132) "Significant Air Quality Impact" means an additional an1bient air quality concentration equal to or 

greater than in the concentrations listed in Table 1. The threshold concentrations listed in Table 1 are 

used for comparison against the ambient air quality standard and do not apply for protecting PSD Class I 

increments or air quality related values (including visibility). For sources of VOC or NOx, a major 

source or major modification has a significant impact if it is located within the Ozone Precursor 

Distance defined in OAR 340-225-0020. 

(133) "Significant Emission Rate" or "SER," except as provided in subsections (a) through( c) of this 

section, means an emission rate equal to or greater than the rates specified in Table 2. 

(a) For the Medford-Ashland Air Quality Maintenance Area, the Significant Emission Rate for PMl 0 is 

defined in Table 3. 

(b) For regulated air pollutants not listed in Table 2 or 3, the significant emission rate is zero unless the 

Department detennines the rate that constitutes a significant emission rate. 
Attachment 3.1 a, page 28 

(c) Any new source or modification with an emissions increase less than the rates specified in Table 2 or 

3 associated with a new source or modification which would construct within 10 kilometers of a Class I 

area, and would have an impact on such area equal to or greater than 1 ug/m3 (24 hour average) is 

emitting at a significant emission rate. This provision does not apply to greenhouse. gas emissions. 

(134) "Significant Impairment" occurs when the Department determines 1;hat visibility impairment 

interferes with the management, protection, preservation, or enjoyment of the visual experience within a 

Class I area. The Department will make this determination on a case-by-case basis after considering the 

recommendations of the Federal Land Manager and the geographic extent, intensity, duration, 

frequency, and time of visibility impairment. These factors will be considered along with visitor use of 

the Class I areas, and the frequency and occurrence of natural conditions that reduce visibility. 

(135) "Small scale local energy project" means: 

(a) A system, mechanism or series of mechanisms located primarily in Oregon that directly or indirectly 

uses or enables the use of, by the owner or operator, renewable resources including, but not limited te>, 

solar, wind, geothermal, biomass, waste heat or water resources to produce energy, including heat, 

electricity and substitute fuels, to meet a local community or regional energy need in this state; 

(b) A system, mechanism or series of mechanisms located primarily in Oregon or providing substantial 

benefits to Oregon that directly or indirectly conserves energy or enables the conservation of energy by 

the owner or operator, including energy used in transportation; 

(c) A recycling project; 

(d) An alternative fuel project; 

(e) An improvement that increases the production or efficiency, or extends the operating life, of a 

system, mechanism, series of mechanisms or project otherwise described in this section of this rule, 

including but not limited to restarting a dormant project; 

(f) A system, mechanism or series of mechanisms installed in a facility or portions of a facility that 

directly or indirectly reduces the amount of energy needed for the construction and operation of the 

facility and that meets the sustainable building practices standard established by the State Department of 

Energy by rule; or 

(g) A project described in subsections (a) to (f) of this section, whether or not the existing project was 

originally financed under ORS 470, together with any refinancing necessary to remove prior liens or 

encumbrances against the existing project. 

(h) A project described in subsections (a) to (g) of this section that conserves energy or produces energy 

by generation or by processing or collection of a renewable resource. 

(136) "Source" means any building, structure, facility, installation or combination thereof that emits or is 

capable of emitting air contaminants to the atmosphere, is located on one or more contiguous or adjacent 

properties and is owned or operated by the same person or by persons under common control. The term 

includes all pollutant emitting activities that belong to a single major industrial group (i.e., that have the 

same two-digit code) as described in the Standard Industrial Classification Manual, (U.S. Office of 

Management and Budget, 1987) or that support the major industrial group. 
Attachment 3.1 a, page 29 

(137) "Source category": 

(a) Except as provided in subsection(b) of this section, means all the pollutant emitting activities that 

belong to the same industrial grouping(i.e., that have the same two-digit code) as described in the 

Standard Industrial Classification Manual, (U.S. Office of Management and Budget, 1987). 

(b) As used in OAR 340 division220, Oregon Title V Operating Pennit Fees, means a group of major 

sources that the Department determines are using similar raw materials and have equivalent process 

controls and pollution control equipment. 

(138) "Source Test" means the average of at least three test runs conducted in accordance with the 

Department's Source Sampling ManuaL 

(139) "Startup" and "shutdown" means that time during which an air contaminant source or emissioncontrol equipment is brought into normal operation or normal operation is terminated, respectively. 

(140) "State Implementation Plan" or "SIP" means the State of Oregon Clean Air Act Implementation 

Plan as adopted by the Commission under OAR 340-200-0040 and approved by EPA. 

(141) "Stationary source" means any building, structure, facility, or installation at a source that emits or 

may emit any regulated air pollutant. 

(142) "Substantial Underpayment" means the lesser often percent (10%) of the total interim emission 

fee for the major source or five hundred dollars. 

(143) "Synthetic minor source" means a source that would be classified as a major source under OAR 

340-200-0020, but for limits on its potential to emit air pollutants contained in a permit issued by the 

Department under OAR 340 division 216 or 218. 

(144) "Title I modification" means one of the following modifications pursuant to Title I of the FCAA: 

(a) A major modification subject to OAR 340-224-0050, Requirements for Sources in Nonattainment 

Areas; 

(b) A major modification subject to OAR 340-224-0060, Requirements for Sources in Maintenance 

Areas; 

(c) A major modification subject to OAR 340-224-0070, Prevention of Significant Deterioration 

Requirements for Sources in Attainment or Unclassified Areas; 

(d) A modification that is subject to a New Source Perfonnance Standard under Section Ill of the 

FCAA; or 

(e) A modification under Section 112 of the FCAA. 

(145) "Total Reduced Sulfur" or "TRS" means the sum of the sulfur compounds hydrogen sulfide, 

methyl mercaptan, dimethyl sulfide, dimethyl disulfide, and any other organic sulfides present expressed 

as hydrogen sulfide(H2S). 
Attachment 3.1a, page 30 

(146) "Typically Achievable Control Technology" or "TACT" means the emission limit established on a 

case-by-case basis for a criteria pollutant from a particular emissions unit in accordance with OAR 340- · 

226-0130. For existing sources, the emission limit established will be typical of the emission level 

achieved by emissions units similar in type and size. For new and modified sources, the emission limit 

established will be typical of the emission level achieved by well controlled new or modified emissions 

units similar in type and size that were recently installed. TACT determinations will be based on 

information known to the Department while considering pollution prevention, impacts on other 

environmental media, energy impacts, capital and operating costs, cost effectiveness, and the age and 

remaining economic life of existing emission control equipment. The Department may consider 

emission control technologies typically applied to other types of emissions units where such 

technologies could be readily applied to the emissions unit. If an emission limitation is not feasible, a 

design, equipment, work practice, operational standard, or combination thereof, may be required. 

(147) "Unassigned Emissions" means the amount of emissions that are in excess of the PSEL but less 

than the Netting Basis. 

(148)"Unavoidable" or "could not be avoided" means events that are not caused entirely or in part by 

poor or inadequate design, operation, maintenance, or any other preventable condition in either process 

or control equipment. 

(149) "Upset" or "Breakdown" means any failure or malfunction of any pollution control equipment or 

operating equipment that may cause excess emissions. 

(!50) "Visibility hnpairment" means any humanly perceptible change in visual range, contrast or 

coloration from that which existed under natural conditions. Natural conditions include fog, clouds, 

windblown dust, rain, sand, naturally ignited wildfires, and natural aerosols. 

(151) "Volatile Organic Compounds" or "VOC" means any compound of carbon, excluding carbon 

monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and anunoninm carbonate, 

that participates in atmospheric photochemical reactions. · 

(a) This includes any such organic compound except the following, which have been determined to have 

negligible photochemical reactivity in the formation of tropospheric ozone: methane; ethane; methylene 

chloride( dichloromethane ); dimethyl carbonate, propylene carbonate, 1,1, 1-trichloroethane(methyl 

chloroform); I, 1,2-trichloro-1 ,2,2-trifluoroethane(CFC-113); trichlorofluoromethane(CFC-11); 

dichlorodifluoromethane(CFC-12); chlorodifluoromethane(HCFC-22); trifluoromethane(HFC-23); 1,2-

dichloro-1, 1,2,2-tetrafluoroethane (CFC-114); chloropentafluoroethane(CFC-115); 1 ,I ,1-trifluoro 2,2-

dichloroethane(HCFC-123); 1,1, 1 ,2-tetrafluoroethane(HFC-134a); 1, 1-dich1oro 1-fluoroethane(HCFC141 b); 1-chloro 1, 1-difluoroethane(HCFC-142b ); 2-chloro-1, 1,1 ,2-tetrafluoroethane(I-ICFC-124); 

pentafluoroethane(HFC-125); 1,1 ,2,2-tetrafluoroethane(HFC-134); 1,1, 1-trifluoroethane(HFC-143a); 

1,1-difluoroethane (HFC-152a); parachlorobenzotrifluoride(PCBTF); cyclic, branched, or linear 

completely methylated siloxanes; acetone; perchloroethylene(tetrachloroethylene); 3,3-dichloro1, 1,1 ,2,2-pentafluoropropane(HCFC-225ca); 1 ,3-dichloro-1, 1 ,2,2,3-pentafluoropropane (HCFC-225cb ); 

1,1,1,2,3,4,4,5,5,5-decafluoropentane HFC 43-10mee); difluoromethane(HFC-32); ethylfluoride(HFC161 ); 1,1, 1 ,3,3,3-hexafluoropropane(HFC-236fa); 1,1 ,2,2,3-pentafluoropropane(HFC-245ca); 1,1 ,2,3,3-

pentafluoropropane(HFC-245ea); 1,1,1,2,3-pentafluoropropane(HFC-245eb); 1,1,1,3,3-

pentafl uoropropane(HFC-24 5 fa); 1 , 1 , 1 ,2,3 ,3-hexafluoropropane(HFC-23 6ea); 1 , 1 , 1 ,3 ,3-

pentafluorobutane(HFC-365mfc); chlorofluoromethane (HCFC-31); I chloro-l-fluoroethane(HCFC151a); I ,2-dichloro-1, 1,2-trifluoroethane(HCFC-123a); I, I, I ,2,2,3,3,4,4-nonafluoro-4-methoxy-
Attachment 3.1a, page 31 

butane(C4F90CH3 or HFE-7100); 2-(difluoromethoxymethyl)-1 ,1,1,2,3,3,3-

heptafluoropropane( (CF3)2CFCF20CH3); 1-ethoxy-1, 1 ,2,2,3,3,4,4,4-nonafluorobutane(C4F90C2H5 or 

HFE-7200); 2-( ethoxydifluoromethyl)-1, 1,1 ,2,3,3,3-heptafluoropropane ((CF3)2CFCF20C2H5); methyl 

acetate; 1,1, 1,2,2,3,3-heptafluoro-3-methoxy-propane(n-C3F70CH3, HFE-7000); 3-ethoxy-1 ,1, 1 ,2,3, 

4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane(HFE-7500); 1,1, 1 ,2,3,3,3-

heptafluoropropane(HFC 227ea); methyl formate (HCOOCH3); (1) 1,1,1,2,2,3,4,5,5,5-decafluoro-3-

methoxy-4-trifluoromethyl-pentane(HFE-7300); and perfluorocarbon compounds that fall into these 

classes: 

(A) Cyclic, branched, or linear, completely fluorinated alkanes; 

(B) Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations; 

(C) Cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and 

(D) Sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and 

fluorine. 

(b) For purposes of detennining compliance with emissions limits, VOC will be measured by an 

applicable reference method in accordance with the Department's Source Sampling Manual, January, 

1992. Where such a method also measures compounds with negligible photochemical reactivity, these 

negligibly-reactive compounds may be excluded as VOC if the amount of such compounds is accurately 

quantified, and the Department approves the exclusion. 

(c) The Department may require an owner or operator to provide monitoring or testing methods and 

results demonstrating, to the Department's satisfaction, the amount of negligibly-reactive compounds in 

the source's emissions. 

(d) The following compound(s) are VOC for purposes of all recordkeeping, emissions reporting, 

photochemical dispersion modeling and inventory requirements which apply to VOC and must be 

uniquely identified in emission reports, but are not VOC for purposes ofVOC emissions limitations or 

VOC content requirements: t-butyl acetate. 

(152) "Year" means any consecutive 12 month period of time. 

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. 

[ED. NOTE: Tables referenced are not included in the rule text. Click here for a PDF copy oftl1e tables,] 

[Publications: Publications referenced are available from the agency.] 

Stat. Auth.: ORS 468.020, 468A.025, 468A.035, 468A.055 & 468A.070 

Stats. Implemented: ORS 468A.025 & 468A.035 

Hist.: [DEQ 15-1978, f. & ef. 10-13-78; DEQ 4-1993, f. & cert. ef. 3-10-93]; [DEQ 47, f. 8-31-72, ef. 9-

15-72; DEQ 63, f. 12-20-73, ef. 1-11-74; DEQ 107, f. & ef. 1-6-76; Renumbered from 340-020-

0033.04; DEQ 25-1981, f. & ef. 9-8-81; DEQ 5-1983, f. & ef. 4-18-83; DEQ 18-1984, f. & ef. 10-16-84; 

DEQ 8-1988, f. & cert. ef. 5-19-88 (and corrected 5-31-88); DEQ 14-1989, f. & cert. ef. 6-26-89; DEQ 

42-1990, f. 12-13-90, cert. ef. 1-2-91; DEQ 2-1992, f. & cert. ef. 1-30-92; DEQ 7-1992, f. & cert. ef. 3-
Attachment 3. 1 a, page 32 

30-92; DEQ 27-1992, f. & cert. ef. 11-12-92; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 12-1993, f. & 

cert. ef. 9-24-93, Renumbered from 340-020-0145, 340-020-0225,340-020-0305,340-020-0355, 340-

020-0460 & 340-020-0520; DEQ 19-1993, f. & cert. ef. 11-4-93; DEQ 20-1993(Temp),f. & cert. ef. 11-

4-93; DEQ 13-1994, f. & cert. ef. 5-19-94; DEQ 21-1994, f. & cert. ef. 10-14-94; DEQ 24-1994, f. & 

cert. ef. 10-28-94; DEQ 10-1995, f. & cert. ef. 5-1-95; DEQ 12-1995, f. & cert. ef. 5-23-95; DEQ 22-

1995, f. & cert. ef. 10-6-95; DEQ 19-1996, f. & cert. ef. 9-24-96; DEQ 22-1996, f. & cert. ef. 10-22-96; 

DEQ 9-1997, f. & cert. ef. 5-9-97; DEQ 14-1998, f. & cert. ef. 9-14-98; DEQ 16-1998, f. & cert. ef. 9-

23-98; DEQ 21-1998, f. & cert. ef. 10-14-98; DEQ 1-1999, f. & cert. ef. 1-25-99; DEQ 6-1999, f. & 

cert. ef. 5-21-99]; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-020-0205,340-028-

0110; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 2-2005, f. & cert. ef. 2-10-05; DEQ 2-2006, f. & 

cert. ef. 3-14-06; DEQ 6-2007(Temp), f. & cert. ef. 8-17-07 thru 2-12-08; DEQ 8-2007, f. & cert. ef. 11-

8-07; DEQ 10-2008, f. & cert. ef. 8-25-08; DEQ 5-2010, f. & cert. ef. 5-21-10; DEQ 10-2010(Temp), f. 

8-31-10, cert. ef. 9-1-10 thru 2-28-11; Administrative correction 3-29-11. 
Attachment 3.1 a, page 33 
Attachment 3.1a, page 34 

Table 2 

OAR 340-200-0020 

SIGNIFICANT EMISSION RATES 

I Greenhouse Gases (C02e) 175,000 tons/year 

I Carbon Monoxide 1100 tons/year 

I Nitrogen Oxides (NOx) 140 tons/year 

I Particulate Matter 125 tons/year 

PM10 115 tons/year 

Direct PM2.5 110 tons/year 

I PM25 precursors (S02 or NOx) 140 tons/year 

r SulfurDi~xide(S0 ) . ---. ---. -. -.. -. -------. . .... .. . ... . ... . . .. .. . .. . . 140tons/year 

r Volatil~ O~an~~~~;;~~~~(~~)----. -. -. ···-.. -. -·--·-. ---------.. -·--------------~-~~.t~~~~ye~~--CC.C ... ~. 

~~~~~~~-;or NOx) ---------- . . . ~-~;;o~;y~-----.-.. -· 

Lead I 0.6 ton/year 

Fluorides 13 tons/year 

I Sulfuric Acid Mist lr-7-to-n~s-/y~e-a-r --~~~~ 

jHydrogen Sulfide Fons/year 

f ::?;'~~::~:;';:,~:":::~.~7:,.,., .-. --.. ---.. -. -.-. -.. ----:-1:: ~:~: ~-·· Municipal waste combustor organics (measured as total tetra- through acta- chlorinated 0.0000035 ton/year 

dibenzo-p-dioxins and dibenzofurans) 

Municipal wa.ste combustor metals (measured as particulate matter) 15 tons/year 

Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen 40 tons/year 

chloride) 

Municipal solid waste landfill emissions (measured as nonmethane organic 'u"~'Y"'a' 

compounds) 
Attachment 3.1a, page 35 

Table 3 

OAR 340-200-0020 

SIGNIFICANT EMISSION RATES FOR THE MEDFORD-ASHLAND AIR QUALITY 

MAINTENANCE AREA 

~ Emission Rate 

Annual Day 

PM10 tons) (50.0 lbs.) 
TABLE 4 

OAR 340-200-0020(33) 

De Minimis Emission Levels 

Attachment 3. 1 a, page 36 

I Pollutant De minimis (tons/year, 

except as noted) 

I Greenhouse Gases (C02e) 12,756 

co 1 

I NO, 1 

~-~;~---------__ -----------~-------_ ------------·r;--· ------------_ -~ 

f~~-----------------. . --------------1--:---------------~ I PM10 (except Medford AQMA) 1 

I PM10/PM25(Medford AQMA) / 0.5 [5.0 lbs/day] 

I Direct PM2.5 1 

I Lead 0.1 

1-;;;:;;~~~-----------------. ----·----------------- ·--~-~ ~--- -------- -----

1 Sulfuric Acid Mist I 0. 7 

I Hydrogen Sulfide }1 

~duced Sulfur(including hydrogen sulfide) ~-1----------I 

I Reduc~d Sulfur . _ _ . . . 11 r~:~~~~;a~;;;~~-;~;~~~~~~~-~~~f~~;··--r~~~-;;~;;;;-0-;;·-------- ------

1 Municipal waste combustor metals J 1

r-~-~~;~;"~~;;~-~~~:~~~o;a~~;~~~-----------·-----~~ --- ----- --- - --

1 Municipal solid waste landfill gases 11 

~.----~~-~~---~ I Single HAP J 1 

I Combined HAP (aggregate) 11 
Attachment 3. 1 a, page 37 

TABLE 5 

OAR 340-200-0020(60) 

Generic PSELs 

' Geue;ii. PSEL (tons/year, 

except as noted) 

~·~~" (C02e) 74,000 

co 

39 

so2 

voc 

PM 24 

. 

•• "''" . 

PM,o/PM2.5 \IVI"UIVIU Af"\UA\ 

Fluorides 2 

Sulfuric 

., -~-

Total Reduced Sulfur (including hydrogen sulfide) 9 

Sulfur 

Municipal waste combustor organics (Dioxin and furans) 0.0000030 

Municipal waste combustor metals 

M" combustor acid gases 

Mil-' 49 

9 

Combined HAPs (aggregate) 24 
Attachment 3. 1 a, page 38 

340-200-0040 

State of Oregon Clean Air Act Implementation Plan 

(1) This implementation plan, consisting of Volumes 2 and 3 of the State of Oregon Air Quality Control 

Program, contains control strategies, rules and standards prepared by the Department of Environmental 

Quality and is adopted as the state implementation plan (SIP) of the State of Oregon pursuant to the 

federal Clean Air Act, 42 U.S.C.A 7401 to 7671q. 

(2) Except as provided in section (3), revisions to the SIP will be made pursuant to the Commission's 

rulemaking procedures in division 11 of this chapter and any other requirements contained in the SIP 

and will be submitted to the United States Environmental Protection Agency for approval. The State 

Implementation Plan was last modified by the Commission on February 16,2012. 

(3) Notwithstanding any other requirement contained in the SIP, the Department may: 

(a) Submit to the Environmental Protection Agency any permit condition implementing a rule that is 

part of the federally-approved SIP as a source-specific SIP revision after the Department has complied 

with the public hearings provisions of 40 CFR 51.102 (July 1, 2002); and 

(b) Approve the standards submitted by a regional authority if the regional authority adopts verbatim 

any standard that the Commission has adopted, and submit the standards to EPA for approval as a SIP 

revision. 

NOTE: Revisions to the State of Oregon Clean Air Act Implementation Plan become federally 

enforceable upon approval by the United States Environmental Protection Agency. If any provision of 

the federally approved Implementation Plan conflicts with any provision adopted by the Commission, 

the Department shall enforce the more stringent provision. 

Stat. Auth.: ORS 468.020, 468A.035 & 468A.070 

Stats. Implemented: ORS 468A.035 

Hist.: DEQ 35, f. 2-3-72, ef. 2-15-72; DEQ 54, f. 6-21-73, ef. 7-1-73; DEQ 19-1979, f. & ef. 6-25-79; 

DEQ 21-1979, f. & ef. 7-2-79; DEQ 22-1980, f. & ef. 9-26-80; DEQ 11-1981, f. & ef. 3-26-81; DEQ 

14-1982, f. & ef. 7-21-82; DEQ 21-1982, f. & ef. 10-27-82; DEQ 1-1983, f. & ef. 1-21-83; DEQ 6-1983, 

f. & ef. 4-18-83; DEQ 18-1984, f. & ef. 10-16-84; DEQ 25-1984, f. & ef. 11-27-84; DEQ 3-1985, f. & 

ef. 2-1-85; DEQ 12-1985, f. & ef. 9-30-85; DEQ 5-1986, f. & ef. 2-21-86; DEQ 10-1986, f. & ef. 5-9-

86; DEQ 20-1986, f. & ef. 11-7-86; DEQ 21-1986, f. & ef. 11-7-86; DEQ 4-1987, f. & ef. 3-2-87; DEQ 

5-1987, f. & ef. 3-2-87; DEQ 8-1987, f. & ef. 4-23-87; DEQ 21-1987, f. & ef. 12-16-87; DEQ 31-1988, 

f. 12-20-88, cert. ef. 12-23-88; DEQ 2-1991, f. & cert. ef. 2-14-91; DEQ 19-1991, f. & cert. ef. 11-13-

91; DEQ 20-1991, f. & cert. ef. 11-13-91; DEQ 21-1991, f. & cert. ef. 11-13-91; DEQ 22-1991, f. & 

cert. ef. 11-13-91; DEQ 23-1991, f. & cert. ef. 11-13-91; DEQ 24-1991, f. & cert. ef. 11-13-91; DEQ 

25-1991, f. & cert. ef. 11-13-91; DEQ 1-1992, f. & cert. ef. 2-4-92; DEQ 3-1992, f. & cert. ef. 2-4-92; 

DEQ 7-1992, f. & cert. ef. 3-30-92; DEQ 19-1992, f. & cert. ef. 8-11-92; DEQ 20-1992, f. & cert. ef. 8-

11-92; DEQ 25-1992, f. 10-30-92, cert. ef. 11-1-92; DEQ 26-1992, f. & cert. ef. 11-2-92; DEQ 27-1992, 

f. & cert. ef. 11-12-92; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 8-1993, f. & cert. ef. 5-11-93; DEQ 12-

1993,f. & cert. ef. 9-24-93;DEQ 15-1993,f. &cert. ef. 11-4-93;DEQ 16-1993, f. &cert. ef. 11-4-93; 

DEQ 17-1993, f. & cert. ef. 11-4-93; DEQ 19-1993, f. & cert. ef. 11-4-93; DEQ 1-1994,f. & cert. ef. 1-

3-94; DEQ 5-1994, f. & cert. ef. 3-21-94; DEQ 14-1994, f. & cert. ef. 5-31-94; DEQ 15-1994, f. 6-8-94, 

cert. ef. 7-1-94; DEQ 25-1994, f. & cert. ef. 11-2-94; DEQ 9-1995, f. & cert. ef. 5-1-95; DEQ 10-1995, 
Attachment 3.1a, page 39 

f. & cert. ef. 5-1-95; DEQ 14-1995,f. & cert. ef. 5-25-95; DEQ 17-1995, f. & cert. ef. 7-12-95; DEQ 19-

1995, f. & cert. ef. 9-1-95; DEQ 20-1995 (Temp), f. & cert. ef. 9-14-95; DEQ 8-1996(Temp), f. & cert. 

ef. 6-3-96; DEQ 15-1996, f. & cert. ef. 8-14-96; DEQ 19-1996, f. & cert. ef. 9-24-96; DEQ 22-1996, f. 

& cert. ef. I 0-22-96; DEQ 23-1996, f. & cert. ef. 11-4-96; DEQ 24-1996, f. & cert. ef. 11-26-96; DEQ 

10-1998, f. & cert. ef. 6-22-98; DEQ 15-1998, f. & cert. ef. 9-23-98; DEQ 16-1998, f. & cert. ef. 9-23-

98; DEQ 17-1998, f. & cert. ef. 9-23-98; DEQ 20-1998, f. & cert. ef. 10-12-98; DEQ 21-1998, f. & cert. 

ef. 10-12-98; DEQ 1-1999, f. & cert. ef. 1-25-99; DEQ 5-1999, f. & cert. ef. 3-25-99; DEQ 6-1999, f. & 

cert. ef. 5-21-99; DEQ 10-1999, f. & cert. ef. 7-1-99; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered 

from 340-020-0047; DEQ 15-1999, f. & cert. ef. 10-22-99; DEQ 2~2000, f. 2-17-00, cert. ef. 6-1-01; 

DEQ 6-2000, f. & cert. ef. 5-22-00; DEQ 8-2000, f. & cert. ef. 6-6-00; DEQ 13-2000, f. & cert. ef. 7-28-

00; DEQ 16-2000, f. & cert. ef. 10-25-00; DEQ 17-2000, f. & cert. ef. 10-25-00; DEQ 20-2000 f. & cert. 

ef. 12-15-00; DEQ 21-2000, f. & cert. ef. 12-15-00; DEQ 2-2001, f. & cert. ef. 2-5-01; DEQ 4-2001, f. 

& cert. ef. 3-27-01; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 15-2001, f. & cert. ef. 12-26-01; 

DEQ 16-2001, f. & cert. ef. 12-26-01; DEQ 17-2001, f. & cert. ef. 12-28-01; DEQ 4-2002, f. & cert. ef. 

3-14-02; DEQ 5-2002, f. & cert. ef. 5-3-02; DEQ 11-2002, f. & cert. ef. 10-8-02; DEQ 5-2003, f. & cert. 

ef. 2-6-03; DEQ 14-2003, f. &cert. ef. 10-24-03; DEQ 19-2003, f. & cert. ef. 12-12-03; DEQ 1-2004, f. 

& cert. ef. 4-14-04; DEQ 10-2004, f. & cert. ef. 12-15-04; DEQ 1-2005, f. & cert. ef. 1-4-05; DEQ 2-

2005, f. & cert. ef. 2-10-05; DEQ 4-2005, f. 5-13-05, cert. ef. 6-1-05; DEQ 7-2005, f. & cert. ef. 7-12-

05; DEQ 9-2005, f. & cert. ef. 9-9-05; DEQ 2-2006, f. & cert. ef. 3-14-06; DEQ 4-2006, f. 3-29-06, cert. 

ef. 3-31-06; DEQ 3-2007, f. & cert. ef. 4-12-07; DEQ 4-2007, f. & cert. ef. 6-28-07; DEQ 8-2007, f. & 

cert. ef. 11-8-07; DEQ 5-2008, f. & cert. ef. 3-20-08; DEQ 11-2008, f. & cert. ef. 8-29-08; DEQ 12-

2008, f. & cert. ef. 9-17-08; DEQ 14-2008, f. & cert. ef. 11-10-08; DEQ 15-2008, f. & cert. ef 12-31-08; 

DEQ 3-2009, f. & cert. ef. 6-30-09; DEQ 8-2009, f. & cert. ef. 12-16-09; DEQ 2-2010, f. & cert. ef. 3-5-

10; DEQ 5-2010, f. & cert. ef. 5-21-10; DEQ 14-2010, f. & cert. ef. 12-10-10; DEQ 1-2011, f. & cert. ef. 

2-24-11; DEQ 2-2011, f. 3-10-11, cert. ef. 3-15-11; DEQ 5-2011, f. 4-29-11, cert. ef. 5-1-11 

340-210-0100 

Registration in General 

STATIONARY SOURCE NOTIFICATION 

REQUIREMENTS 

Registration 

Attachment 3.1 b, page 1 

(1) Any air contaminant source not subject to Air Contaminant Discharge Permits, OAR 340 division 

216, or Oregon Title V Operating Permits, OAR 340 division 218, must register with the Department 

upon request pursuant to OAR 340-210-0110 through 340-210-0120. 

(2) The owner or operator of an air contaminant source listed in subsection (2)(a) of this rule that is 

certified through a Department approved environmental certification program and subject to an Area 

Source NESHAP may register the source with the Department pursuant to OAR 340-210-0110 through 

340-210-0120 in lieu of obtaining a permit in accordance with OAR 340-216-0020, unless the 

Department determines that the source has not complied with the requirements of the environmental 

certification program. 

(a) The following air contaminant sources may be registered under this section: 

(A) Motor vehicle surface coating operations. 

(B) Dry cleaners using perchloroethylene. 

(b) Approved environmental certification program. To be approved, the environmental certification 

program must, at a minimum, require certified air contaminant sources to comply with all applicable 

state and federal rules and regulations and require additional measures to increase environmental 

protection. 

(c) Fees. In order to obtain and maintain registration, owners and operators of air contaminant sources 

registered pursuant to this section must pay the following annual fees by March 1 of each year: 

(A) Motor vehicle surface coating operations -- $240.00. 

(B) Dry cleaners using perchloroethylene -- $180.00. 

(C) Late fees. 

(i) 30 days late: 5% of annual fee. 

(ii) 31-60 days late: 10% of annual fee. 

(iii) 61 or more days late: 20% of annual fee. 

(D) Failure to pay fees. Registration is automatically terminated upon failure to pay annual fees within 

90 days of invoice by the Department, unless prior arrangements for payment have been approved in 

writing by the Department. 
Attachment 3.1 b, page 2 

(d) Recordkeeping. In order to maintain registration, owners and operators of air contaminant sources 

registered pursuant to this section must maintain records required by the approved environmental 

performance program under subsection (2)(b) of this rule. The records must be kept on site and in a form 

suitable and readily available for expeditious inspection and review. 

(3) The owner or operator of an air contaminant source that is subject to a federal NSPS or NESHAP in 

40 CFR Part 60 or 40 CFR Part 63 and that is not located at a source that is required to obtain a permit 

under OAR chapter 340, division 216 (Air Contaminant Discharge Permits) or OAR chapter 340, 

division 218 (Oregon Title V Operating Permits), must register and maintain registration with the 

Department pursuant to OAR 340-210-0110 through 340-210-0120 if requested in writing by the 

Department (or by EPA at the Department's request). 

( 4) Revocation. The Department may revoke a registration if a source fails to meet any requirement in 

OAR 340-210-0110. 

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, 468A.025, 468A.035, 468A.050, 468A.070 & 468A.310 

Stats. Implemented: ORS 468 & 468A 

IIist.: 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 340-020-0005; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-

028-0500; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 8-2009, f. & cert. ef. 12-16-09 

340-210-0110 

Registration Requirements 

(1) Registration pursuant to OAR 340-210-0100(1) or (3) must be completed within 30 days following 

the mailing date of the request by the Department. 

(2) Registration must be completed by the owner, lessee of the source, or agent on forms made available 

by the Department. If a form is not available from the Department, the registrantmay provide the 

information using a format approved by the Department. 

(3) In order to obtain registration pursuant to OAR 340-210-0100(1), the following information must be 

reported by registrants: 

(a) Name, address, and nature of business; 

(b) Name of local person responsible for compliance with these rules; 

(c) Name of person authorized to receive requests for data and information; 

(d) A description of the production processes and a related flow chart; 

(e) A plot plan showing the location and height of all air contaminant sources. The plot plan must also 

indicate the nearest residential or commercial property; 
Attachment 3.1 b, page 3 

(f) Type and quantity of fuels used; 

(g) Amount, nature, and duration of air contaminant emissions; 

(h) Estimated efficiency of air pollution control equipment under present or anticipated operating 

conditions; 

(i) Any other information requested by the Department. 

(4) In order to obtain registration pursuant to OAR 340-210-0100(2), a registrant must submit the 

information in section (3)(a), (b), (c), and (i) of this rule and the following: 

(a) Information demonstrating that the air contaminant source is operating in compliance with all 

applicable state and federal rules and regulations, as requested by the Department. 

(b) Infonnation demonstrating that the source is certified through an approved environmental 

certification program. 

(c) A signed statement that the submitted information is true, accurate, and complete. This signed 

statement shall state that, based on information and belief formed after reasonable inquiry, the 

statements and information in the document are. true, accurate, and complete. 

(5) In order to obtain registration pursuant to OAR 340-210-01 00(3), the following must be submitted 

by a registrant: 

(a) Name, address and nature of business or institution; 

(b) Name oflocal person responsible for compliance with these rules; 

(c) Name of person authorized to receive requests for data and information; 

(d) A description of the air contaminant source subject to regulation; 

(e) Identification of the applicable regulation(s); 

(f) Confirmation that approval to construct and operate the air contaminant source was obtained in 

accordance with OAR 340-210-0205 through 340-021 0-0250; 

(g) Confirmation that the air contaminant source is operating in compliance with all applicable state 

rules and regulations, including but not limited to OAR 340-208-0110 (visible air contaminant 

limitations) and 340-226-0210 or 340-228-0210 (grain loading standards); 

(h) Confirmation that the air contaminant source is operating in compliance with all applicable federal 

rules and regulations, including but not limited to 40 CFR Part 60 and Part 63 standards and work 

practice requirements, such as routine tune-up for boilers; and 

(i) Any other information requested by the Department. 
Attachment 3.1 b, page 4 

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, 468A.025, 468A.035, 468A.050, 468A.055, 468A.070 & 468A.310 

Stats. Implemented: ORS 468 & 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 340-020-0010; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-

028-0510; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 8-2009, f. & cert. ef. 12-16-09 

340-210-0120 

Re-Registration and Maintaining Registration 

(1) In order to re-register or maintain registration pursuant to OAR 340-210-0100, a person responsible 

for an air contaminant source must reaffirm in writing, by March 1 of each year, the correctness and 

current status of the information furnished to the Department. 

(2) In order to re-register or maintain registration pursuant to OAR 340-210-01 00(3): 

(a) The registrant must report any change in any of the factual information reported under OAR 340-

210-0110to the Department on a form made available by the Department; and 

(b) The registrant must confirm the compliance status of the air contaminant source, including but not 

limited to compliance with any work practice requirements such as routine tune-ups. Confirmation must 

be made in writing on a form furnished by the Department. 

(3) In order to re-register, or maintain registration, a person must not have had their registration 

terminated or revoked within the last 3 years, unless the air contaminant source has changed ownership 

since termination or revocation. 

( 4) If a registered air contaminant source is sold or transferred, the sale or transfer must be reported to 

the Department by either the former owner or the new owner within 30 days of the date of sale or 

transfer. The new owner of the registered air contaminant source must register the air contaminant 

source within 30 days of the date of sale or transfer in accordance with OAR 340-210-011 0(2) and ( 5). 

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, 468A.035, 468A.050 & 468A.310 

Stats. Implemented: ORS 468 & 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 340-020-0015; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-

028-0520; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 8-2009, f. & cert. ef.12-16-09 

Notice of Construction and Approval of Plans 

340-210-0250 
Attachment 3.1 b, page 5 

Approval to Operate 

(I) The approval to construct does not provide approval to operate the constructed or modified 

stationary source or air pollution control equipment unless otherwise allowed by section (2) of this rule 

or the ACDP or Oregon Title V Operating Permit programs (OAR 340 divisions 216 and 218). 

(2) Type 1 and 2 changes: 

(a) For sources that are not required to obtain a permit in accordance with OAR 340-216-0020, Type 1 

and 2 changes may be operated without further approval subject to the conditions of the Department's 

approval to construct provided in accordance with OAR 340-210-0240. 

(A) Approval to operate does not relieve the owner of the obligation of complying with applicable 

requirements that may include but are not limited to the general opacity standards in OAR 340-208-0110 

and general particulate matter standards in OAR 340-226-0210 and OAR 340-228-0210. 

(B) If required by the Department as a condition of the approval to construct or at any other time in 

accordance with OAR 340-212-0120, the owner or operator must conduct testing or monitoring to verifY 

compliance with applicable requirements. Testing of boilers must be performed in accordance with 

OAR 340-212-0140. 

(C) The owner or operator must register the air contaminant source with the Department if required as a 

condition of the approval to construct or at any other time in accordance with OAR 340-210-0100. 

(b) For new sources that are required to obtain an ACDP in accordance with OAR 340-216-0020, the 

ACDP, which allows operation, is required before operating Type 1 or 2 changes. 

(c) For sources currently operating under an ACDP, Type 1 and 2 changes may be operated without 

further approval unless the ACDP specifically prohibits the operation. 

(d) For sources currently operating under an Oregon Title V Operating Permit, Type 1 and 2 changes 

may only be operated in accordance with OAR 340-218-0190(2). 

(3) Type 3 and 4 changes: 

(a) For new sources, Type 3 or 4 changes require a standard ACDP before operation of the changes. 

(b) For sources currently operating under an ACDP, approval to operate Type 3 or 4 changes will 

require a new or modified standard ACDP. All ACDP terms and conditions remain in effect until the 

ACDP is modified. 

(c) For sources currently operating under an Oregon Title V Operating Permit, approval to operate Type 

3 or 4 changes must be in accordance with OAR 340-218-0190(2). 

[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 6-2001, f. 6-18-01, cert. ef. 7-1-01 

Attachment 3.1 b, page 6 
Attachment 3.1c, page 1 

REQUIREMENTS FOR FUEL BURNING EQUIPMENT AND FUEL SULFUR CONTENT 

340-228-0020 

Definitions 

The definitions in OAR 340-200-0020 and this rule apply to this division. If the same term is defined in 

this rule and OAR 340-200-0020, the definition in this rule applies to this division. 

(1) "ASTM" means the American Society for Testing and Materials. 

(2) "Coastal Areas" means Clatsop, Tillan1ook, Lincoln, Coos, and Curry Counties and those portions of 

Douglas and Lane County west of Range 8 West, Willamette Meridian. 

(3) "Distillate Fuel Oil" means any oil meeting the specifications of ASTM Grade 1 or 2 fuel oils; 

( 4) "Fuel burning equipment" means equipment, other than internal combustion engines, the principal 

purpose of which is to produce heat or power by indirect heat transfer. 

(5) "Residual Fuel Oil" means any oil meeting the specifications of ASTM Grade 4, 5, or 6 fuel oils. 

(6) "Standard ccmditions" means a temperature of 68° Fahrenheit and a pressure of 14.7 pounds per 

square inch absolute. 

(7) "Standard cubic foot" means the amount of gas that would occupy a volume of one cubic foot, if the 

gas were free of uncombined water at standard conditions. When applied to combustion flue gases from 

fuel or refuse burning, "standard cubic foot" also implies adjustment of gas volume to that which would 

result at a concentration.of 12% carbon dioxide or 50% excess air. 

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. 

[Publications: Publications referenced are available from the agency.] 

Stat. Auth.: ORS 468 & 468A 

Stats. Implemented: ORS 468.020,468A.025 & 468A.035 

Hist.: [DEQ 16, f. 6-12-70, ef. 7-11-70; DEQ 1-1984, f. & ef. 1-16-84; DEQ 4-1993, f. & cert. ef. 3-10-

93; DEQ 3-1996, f. & cert. ef. 1-29-96]; [DEQ 37, f. 2-15-72, ef. 3-1-72; DEQ 4-1993, f. & cert. ef. 3-

10-93]; [DEQ 37, f. 2-15-72, ef. 3-1-72; DEQ 4-1993, f. & cert. ef. 3-10-93]; DEQ 14-1999, f. & cert. 

ef. 10-14-99, Renumbered from 340-021-0005,340-022-0005, 340-022-0050; DEQ 8-2007, f. & cert. 

ef. 11-8-07 

General Emission Standards for Fuel Burning Equipment 

340-228-0200 

Sulfur Dioxide Standards 
Attachment 3. 1 c, page 2 

The following emission standards are applicable to sources installed, constructed, or modified after 

January 1, 1972 only: 

(1) For fuel burning equipment having a heat input capacity between 150 million BTU per hour and 250 

million BTU, no person may cause, suffer, allow, or permit the emission into the atmosphere of sulfur 

dioxide in excess of: 

(a) 1.4 lb. per million BTU heat input, maximum three-hour average, when liquid fuel is burned; 

(b) 1.6 lb. per million BTU heat input, maximum three-hour average, when solid fuel is burned. 

(2) For fuel burning equipment having a heat input capacity of more than 250 million BTU per hour, no 

person may cause, suffer, allow, or permit the emission into the atmosphere of sulfur dioxide in excess 

of: 

(a) 0.8 lb. per million BTU heat input, maximum three-hour average, when liquid fuel is burned; 

(b) 1.2 lb. per million BTU heat input, maximum three-hour average, when solid fuel is burned. 

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 & 468A 

Stats. Implemented: ORS 468.020,468A.025, 468A.035 & 468A.055 

Hist.: DEQ 37, f. 2-15-72, ef. 3-1-72; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 22-1996, f. & cert. ef. 

10-22-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0055; DEQ 8-2007, f. 

& cert. ef. 11-8-07 

340-228-0210 

Grain Loading Standards 

(1) Except as provided in sections (2) and (3) of this rule, no person shall cause, suffer, allow, or permit 

the emission of particulate matter, from any fuel burning equipment in excess of: 

(a) 0.2 grains per standard cubic foot for sources installed, constructed, or modified on or before June 1, 

1970; 

(b) 0.1 grains per standard cubic foot for sources installed, constructed, or modified after June 1, 1970. 

(2) For sources burning salt laden wood waste on July 1, 1981, where salt in the fuel is the only reason 

for failure to comply with the above limits and when the salt in the fuel results from storage or 

transportation oflogs in salt water, the resulting salt portion of the emissions shall be exempted from 

subsection (1)(a) or (b) of this rule and OAR 340-208-0110. In no case shall sources burning salt laden 

woodwaste exceed 0.6 grains per standard cubic foot. 

(a) This exemption and the alternative emissions standard are only applicable upon prior notice to the 

Department. 
Attachment 3.1c, page 3 

(b) Sources which utilize this exemption, to demonstrate compliance otherwise with subsection (1)(a) or 

(b) of this rule, shall submit the results of a particulate emissions source test of the boiler stacks biannually. 

(3) This rule does not apply to solid fuel burning devices that have been certified under OAR 340-262-

0500. 

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 & 468A 

Stats. Implemented: ORS 468.020,468A.025 & 468A.035 

Hist.: DEQ 16, f. 6-12-70, ef. 7-11-70; DEQ 12-1979, f. & ef. 6-8-79; DEQ 6-1981, f. & ef. 2-17-81; 

DEQ 18-1982, f. & ef. 9-1-82; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 3-1996, f. & cert. ef. 1-29-96; 

DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-021-0020; DEQ 8-2007, f. & cert. ef. 11-

8-07 

Attachment 3.1d, page 1 

HEAT SMART PROGRAM FOR RESIDENTIAL WOODSTOVES 

AND OTHER SOLID FUEL HEATING DEVICES 

340-262-0450 

Definitions 

The definitions in OAR 340-200-0020 and this rule apply to this Division. If OAR 340-0200-0020 and 

this rule define the same term, the definition in this rule applies to this Division. 

(I) "Antique woodstove" means a woodstove built before 1940 that has an ornate construction and a 

current market value substantially higher than a common woodstove manufactured during the same 

period. 

(2) "Central wood-fired furnace" means an indoor, wood-fired furnace that is thermostatically 

controlled, has a dedicated cold air inlet and dedicated hot air outlet, and is connected to heating 

ductwork for the entire residential structure. 

(3) "CFR" means Code of Federal Regulations. 

(4) "Consumer" means a person who buys a solid fuel burning device for personal use. 

(5) "Cookstove" means an indoor wood-burning appliance designed for the primary purpose of cooking 

food. 

( 6) "Dealer" means a person that sells solid fuel burning devices to retailers or other dealers for resale. 

For the purpose of this Division, a dealer that is also an Oregon retailer shall be considered to be only a 

retailer. 

(7) "DEQ" means Oregon Department of Environmental Quality. 

(8) "Destroy" means to demolish or decommission to the extent that restoration or reuse as a heating 

device is impossible. 

(9) "EPA" means United States Environmental Protection Agency. 

(I 0) "EQC" means Environmental Quality Commission 

(II) "Federal Regulations" means 40 CFR, Part 60, Subpart AAA as in effect on July I, 2010. 

(12) "Fireplace" means a site-built or factory-built masonry fireplace that is designed to be used with an 

open combustion chamber and that is without features to control air-to-fuel ratios. 

(13) "Hydronic heater" means a fuel-burning device which may be equipped with a heat storage unit, 

and which is designed to: 

(a) Bum wood or other automatically fed fuels such as wood pellets, shelled corn, and wood chips; 

(b) Be installed according to the manufacturer's specifications either indoors or outdoors; and 
Attachment 3.1d, page 2 

(c) Heat building space and/or water via the distribution, typically through pipes, of a fluid heated in the 

device, typically water or a water/antifreeze mixture. 

(14) "Manufacturer" means a person who designs a solid fuel burning device, constructs a solid fuel 

burning device or constructs parts for solid fuel burning devices. 

(15) "Masonry heater" means a site-built or site-assembled, solid fueled heating device constructed of 

structural masonry mass used to store heat from intermittent fires burned rapidly in the structure's 

firebox and slow release the heat to the site. Such solid-fueled heating device must meet the design and 

construction specifications set forth in ASTM E 1602-03, "Guide for Construction of Solid Fuel Burning 

Masonry Heaters." 

(16) "New solid fuel burning device" or "new device" means a solid fuel burning device defined under 

ORS 468A.485(4)(a) that has not been sold, bargained, exchanged, given away, acquired secondhand, or 

otherwise had its ownership transferred from the person who first acquired it from a retailer. 

(17) "PMl 0" means particulate matter less than 10 microns. 

(18) "PM2.5" means particulate matter less than 2.5 microns. 

(19) "Pellet stove" means a heating device that uses wood pellets, or other biomass fuels designed for 

use in pellet stoves, as its primary source of fuel. 

(20) "Phase 1 emission level qualified model" is a model of a hydronic heater that achieves an average 

emission level of0.60 lbs/million Btu heat input or less for all fuel types listed in the owner's manual 

and/or mentioned in marketing/sales materials, as acknowledged by EPA in writing to the manufacturer 

as part of EPA's acceptance of the model as a qualified model. 

(21) "Phase 2 emission level qualified model" is a model of a hydronic heater that achieves an average 

emissions level of 0.32lbs/million Btu heat output or less for all fuel types listed in the owner's manual 

and/or mentioned in marketing/sales materials, and that did not exceed 18.0 grams/hr of fine particles in 

any individual test run that was used in the calculation of the average, as acknowledged by EPA in 

writing to the manufacturer as part of EPA's acceptance of the model as a qualified model pursuant to 

the EPA Hydronic Heater Program Phase 2 Partnership Agreement. 

(22) "Residential structure" has the meaning given that term in ORS 701.005. 

(23) "Retailer" means a person engaged in the sale of solid fuel burning devices directly to consumers. 

(24) "Solid fuel burning device" or "device" means a woodstove or any other device that burns wood, 

coal or other nongaseous or non-liquid fuels for aesthetic, space-heating or water-heating purposes in or 

for a private residential structure or a commercial establishment and that has a heat output of less than 

one million British thermal units per hour. Solid fuel burning device does not include: 

(a) Fireplaces; 

(b) Antique stoves; 

(c) Pellet stoves; 
Attachment 3.1d, page 3 

(d) Masonry heaters; 

(e) Central, wood-fired furnaces; 

(f) Saunas; and 

(g) Boilers subject to 40 CFR pati 63, subpart DDDDD or subpati JJJJJJ, as in effect on February 16, 

2012 that obtain construction approval under OAR 340-210-0205 through 340-210-0250. 

(25) "Trash burner" means any equipment that is used to dispose of waste by burning and has not been 

issued an air quality permit under ORS 468A.040. 

(26) "Treated Wood" means wood of any species that has been chemically impregnated, painted or 

similarly modified to prevent weathering and deterioration. 

(27) "Used solid fuel burning device" or "used device" means a solid fuel burning device that has been 

sold, bargained, exchanged, given away, or otherwise has had its ownership transferred. 

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by 

the Environmental Quality Connnission under OAR 340-200-0040. 

Stat. Auth.: ORS 468 & 468A 

Stats. Implemented: ORS 468A.035 & 468A.460- 468A.515 

I:Iist.: DEQ 2-2011, f. 3-10-11, cert. ef. 3-15-11 

340-262-0600 

New and Used Solid Fuel Burning Devices Sold in Oregon 

(1) No person may advertise to sell, offer to sell or sell a new or used solid fuel burning device in 

Oregon unless: 

(a) The device has been certified for sale as new by DEQ pursuant to OAR 340-262-0500, or by EPA 

pursuant to 40 CFR pati 60, subpart AAA; and 

(b) The device is permanently labeled as certified, or in the case of a hydronic heater is permanently 

labeled as a Phase 1 or Phase 2 emission level qualified model, with a label authorized by DEQ or EPA. 

(2) Exempt devices. Cookstoves are exempt from this rule in addition to those devices that are not 

considered solid fuel burning devices as defined in OAR 340-262-0450(24). 

(3) Exempt consumer transactions. Consumer transactions are exempt from this rule, if the consumer: 

(a) Sells a used solid fuel burning device to a person in the business of reusing, reclaiming or recycling 

scrap metal and the person destroys the device; or 

(b) Remits a used device to a retailer for a price reduction on a new residential heating system. 
Attachment 3.1d, page 4 

(4) Prohibited label alteration. No person may alter DEQ or EPA authorized labels. 

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 & 468A 

Stats. Implemented: ORS 468A.035 & 468A.460- 468A.515 

Hist.: DEQ 2-2011, f. 3-10-11, cert. ef. 3-15-11 
340-200-0020 

GENERAL AIR POLLUTION 

PROCEDURES AND DEFINITIONS 

General 

General Air Quality Definitions 

As used in divisions 200 through 268, unless specifically defined otherwise: 

Attachment 3.2a, page 1 

(1) "Act" or "FCAA" means the Federal Clean Air Act, 42 U.S.C.A. 7401 to 7671q. 

(2) "Activity" means any process, operation, action, or reaction (e.g., chemical) at a source that emits a 

regulated pollutant. 

(3) "Actual emissions" means the mass emissions of a pollutant from an emissions source during a 

specified time period. 

(a) For determining actual emissions as of the baseline period: 

(A) Except as provided in paragraphs (B) and (C) of this subsection and subsection (b) of this section, 

actual emissions equal the average rate at which the source actually emitted the pollutant during an 

applicable baseline period and that represents normal source operation; 

(B) The Department presumes that the source-specific mass emissions limit included in a source's permit 

that was effective on September 8, 1981 is equivalent to the source's actual emissions during the 

applicable baseline period if it is within 10% of the actual emissions calculated under paragraph (A) of 

this subsection. 

(C) Actual emissions equal the potential to emit of the source for the sources listed in paragraphs (i) 

through (iii) of this paragraph. The actual emissions will be reset if required in accordance with 

subsection (c) of this section. 

(i) Any source or part of a source that had not begun normal operations during the applicable baseline 

period but was approved to construct and operate before or during the baseline period in accordance 

with OAR 340 division 210, or 

(ii) Any source or part of a source of greenhouse gases that had not begun normal operations prior to 

January I, 2010, but was approved to construct and operate prior to January 1, 2011 in accordance with 

OAR 340 division 210, or 

(iii) Any source or part of a source that had not begun normal operations during the applicable baseline 

period and was not required to obtain approval to construct and operate before or during the applicable 

baseline period. 

(b) For any source or part of a source that had not begun normal operations during the applicable 

baseline period, but was approved to construct and operate in accordance with OAR 340 division 224, 
Attachment 3.2a, page 2 

actual emissions on the date the permit is issued equal the potential to emit of the source. The actual 

emissions will be reset if required in accordance with subsection (c) of this section. 

(c) Where actual emissions equal potential to emit under paragraph (a)(C) or subsection (b) of this 

section, the potential emissions will be reset to actual emissions as follows: 

(A) Paragraphs (A) through (D) of this subsection apply to sources whose actual emissions of 

greenhouse gases were determined pursuant paragraph 3(a)(C), and to all other sources of all other 

regulated pollutants that are permitted in accordance with OAR division 224 on or after May 1, 2011. 

(B) Except as provided in paragraph (D) of this subsection, ten years from the end of the applicable 

baseline period under paragraph (a)(C) or ten years from the date the permit is issued under subsection 

(b), or an earlier time if requested by the source in a permit application involving public notice, the 

Department will reset actual emissions to equal the highest actual emission rate during any consecutive 

12-month period during the ten year period or any shorter period if requested by the source. 

(C) Any emission reductions achieved due to enforceable permit conditions based on OAR 340-226-

0110 and 0120 (highest and best practicable treatment and control) are not included in the reset 

calculation required in paragraph (B) of this subsection. 

(D) The Department may extend the date of resetting by five additional years upon satisfactory 

demonstration by the source that construction is ongoing or normal operation has not yet been achieved. 

(d) For determining actual emissions for Emission Statements under OAR 340-214-0200 through 340-

214-0220 and Oregon Title V Operating Permit Fees under OAR 340 division 220, actual emissions 

include, but are not limited to, routine process emissions, fugitive emissions, excess emissions from 

maintenance, startups and shutdowns, equipment malfunction, and other activities, except categorically 

insignificant activities and secondary emissions. 

(e) For Oregon Title V Operating Permit Fees under OAR 340 division 220, actual emissions must be 

directly measured with a continuous monitoring system or calculated using a material balance or verified 

emission factor determined in accordance with division 220 in combination with the source's actual 

operating hours, production rates, or types of materials processed, stored, or com busted during the 

specified time period. 

(4) "Adjacent" means interdependent facilities that are nearby to each other. 

(5) "Affected source" means a source that includes one or more affected units that are subject to 

emission reduction requirements or limitations under Title IV of the FCAA. 

(6) "Affected states" means all states: 

(a) Whose air quality may be affected by a proposed permit, permit modification, or permit renewal and 

that are contiguous to Oregon; or 

(b) That are within 50 miles of the permitted source. 

(7) "Aggregate insignificant emissions" means the annual actual emissions of any regulated air pollutant 

from one or more designated activities at a source that are less than or equal to the lowest applicable 
Attachment 3.2a, page 3 

level specified in this section. The total emissions from each designated activity and the aggregate 

emissions from all designated activities must be less than or equal to the lowest applicable level 

specified .. 

(a) One ton for total reduced sulfur, hydrogen sulfide, sulfuric acid mist, any Class I or II substance 

subject to a standard promulgated under or established by Title VI of the Act, and each criteria pollutant, 

except lead; 

(b) 120 pounds for lead; 

(c) 600 pounds for fluoride; 

(d) 500 pounds for PMIO in a PMI 0 nonattaimnent area; 

(e) 500 pounds for direct PM2.5 in a PM2.5 nonattainment area; 

(f) The lesser of the amount established in OAR 340-244-0040, Table 1 or 340-244-0230, Table 3, or 

1,000 pounds; 

(g) An aggregate of 5,000 pounds for all Hazardous Air Pollutants; 

(h) 2,756 tons C02e for greenhouse gases. 

(8) "Air Contaminant" means a dust, fume, gas, mist, odor, smoke, vapor, pollen, soot, carbon, acid or 

particulate matter, or any combination thereof. 

(9) ''Air Contaminant Discharge Permit" or "ACDP" means a written permit issued, renewed, amended, 

or revised by the Department, pursuant to OAR 340 division 216. 

(1 0) "Altemative method" means any method of sampling and analyzing for an air pollutant that is not a 

reference or equivalent method but has been demonstrated to the Department's satisfaction to, in specific 

cases, produce results adequate for determination of compliance. An alternative method used to meet an 

applicable federal requirement for which a reference method is specified must be approved by EPA 

unless EPA has delegated authority for the approval to the Department. 

(II) "Ambient Air" means that portion of the atmosphere, external to buildings, to which the general 

public has access. 

(12) "Applicable requirement" means all of the following as they apply to emissions units in an Oregon 

Title V Operating Permit program source or ACDP program source, including requirements that have 

been promulgated or approved by the EPA through rule making at the time of issuance but have futureeffective compliance dates: 

(a) Any standard or other requirement provided for in the applicable implementation plan approved or 

promulgated by the EPA through rulemaking under Title I of the Act that implements the relevant 

requirements of the Act, including any revisions to that plan promulgated in 40 CFR Part 52; 
Attachment 3.2a, page 4 

(b) Any standard or other requirement adopted under OAR 340-200-0040 of the State of Oregon Clean 

Air Act Implementation Plan that is more stringent than the federal standard or requirement which has 

not yet been approved by the EPA, and other state-only enforceable air pollution control requirements; 

(c) Any term or condition in an ACDP, OAR 340 division 216, including any term or condition of any 

preconstruction permits issued pursuant to OAR 340 division 224, New Source Review, until or unless 

the Department revokes or modifies the term or condition by a permit modification; 

(d) Any term or condition in a Notice of Construction and Approval of Plans, OAR 340-210-0205 

through 340-210-0240, until or unless the Department revokes or modifies the term or condition by a 

Notice of Construction and Approval of Plans or a permit modification; 

(e) Any term or condition in a Notice of Approval, OAR 340-218-0190, issued before July I, 2001, until 

or unless the Department revokes or modifies the term or condition by a Notice of Approval or a permit 

modification; 

(f) Any term or condition of a PSD permit issued by the EPA until or unless the EPA revokes or 

modifies the term or condition by a permit modification; 

(g) Any standard or other requirement under section Ill of the Act, including section Ill (d); 

(h) Any standard or other requirement under section 112 of the Act, including any requirement 

concerning accident prevention under section 112(r)(7) of the Act; 

(i) Any standard or other requirement of the acid rain program under Title IV of the Act or the 

regulations promulgated thereunder; 

(j) Any requirements established pursuant to section 504(b) or section 114(a)(3) of the Act; 

(k) Any standard or other requirement under section 126(a)(l) and( c) of the Act; 

(I) Any standard or other requirement governing solid waste incineration, under section 129 of the Act; 

(m) Any standard or other requirement for consumer and commercial products, under section 183( e) of 

the Act; 

(n) Any standard or other requirement for tank vessels, under section 183(f) of the Act; 

(o) Any standard or other requirement of the program to control air pollution from outer continental 

shelf sources, under section 328 of the Act; 

(p) Any standard or other requirement of the regulations promulgated to protect stratospheric ozone 

under Title VI of the Act, unless the Administrator has determined that such requirements need not be 

contained in an Oregon Title V Operating Permit; and 

( q) Any national ambient air quality standard or increment or visibility requirement under part C of Title 

I of the Act, but only as it would apply to temporary sources permitted pursuant to section 504(e) of the 

Act. 
Attachment 3.2a, page 5 

(13) "Baseline Emission Rate" means the actual emission rate during a baseline period. Baseline 

emission rate does not include increases due to voluntary fuel switches or increased hours of operation 

that occurred after that baseline period. 

(a) A baseline emission rate will be established only for regulated pollutants subject to OAR 340 

division 224 as specified in the definition of regulated pollutant. A baseline emission rate will not be 

established for PM2.5. 

(b) The baseline emission rate for greenhouse gases, on a C02e basis, will be established with the first 

permitting action issued after July 1, 2011, provided the permitting action involved a public notice 

period that began after July 1, 2011. 

(c) For a pollutant that becomes a regulated pollutant subject to OAR 340 division 224 after May 1, 

2011, the initial baseline emission rate is the actual emissions of that pollutant during any consecutive 

12 month period within the 24 months immediately preceding its designation as a regulated pollutant if a 

baseline period has not been defined for the pollutant. 

(d) The baseline emission rate will be recalculated if actual emissions are reset in accordance with the 

definition of actual emissions. 

(e) Once the baseline emission rate has been established or recalculated in accordance with subsection 

(d) of this section, the production basis for the baseline emission rate may only be changed if a material 

mistake or an inaccurate statement was made in establishing the production basis for baseline emission 

rate. 

(14) "Baseline Period" means: 

(a) Any consecutive 12 calendar month period during the calendar years 1977 or 1978 for any regulated 

pollutant other than greenhouse gases. The Department may allow the use of a prior time period upon a 

determination that it is more representative of normal source operation. 

(b) Any consecutive 12 calendar month period during the calendar years 2000 through 2010 for 

greenhouse gases. 

(15) "Best Available Control Technology" or "BACT" means an emission limitation, including, but not 

limited to, a visible emission standard, based on the maximum degree of reduction of each air 

contaminant subject to regulation under the Act which would be emitted from any proposed major 

source or major modification which, on a case-by-case basis, taking into account energy, environmental, 

and economic impacts and other costs, is achievable for such source or modification through application 

of production processes or available methods, systems, and techniques, including fuel cleaning or 

treatment or innovative fuel combustion techniques for control of such air contaminant. In no event may 

the application of BACT result in emissions of any air contaminant that would exceed the emissions 

allowed by any applicable new source performance standard or any standard for hazardous air pollutant. 

If an emission limitation is not feasible, a design, equipment, work practice, or operational standard, or 

combination thereof, may be required. Such standard must, to the degree possible, set forth the emission 

reduction achievable and provide for compliance by prescribing appropriate permit conditions. 

(16) "Biomass" means non-fossilized and biodegradable organic material originating from plants, 

animals, and micro-organisms, including products, byproducts, residues and waste from agriculture, 
Attachment 3.2a, page 6 

forestry, and related industries as well as the non-fossilized and biodegradable organic fractions of 

industrial and municipal wastes, including gases and liquids recovered from the decomposition of nonfossilized and biodegradable organic matter. 

(17) "Capacity" means the maximum regulated pollutant emissions from a stationary source under its 

physical and operational design. 

(18) "Capture system" means the equipment (including but not limited to hoods, ducts, fans, and booths) 

used to contain, capture and transport a pollutant to a control device. 

(19) "Carbon dioxide equivalent" or "C02e" means an amount of a greenhouse gas or gases expressed 

as the equivalent amount of carbon dioxide, and shall be computed by multiplying the mass of each of 

the greenhouse gases by the global warming potential published for each gas at 40 CFR Part 98, subpart 

A, Table A-1-Global Warming Potentials, and adding the resulting value for each greenhouse gas to 

compute the total equivalent amount of carbon dioxide. 

(20) "Categorically insignificant activity" means any of the following listed pollutant emitting activities 

principally supporting the source or the major industrial group. Categorically insignificant activities 

must comply with all applicable requirements. 

(a) Constituents of a chemical mixture present at less than 1% by weight of any chemical or compound 

regulated under divisions 200 through 268 excluding divisions 248 and 262 of this chapter, or less than 

0.1% by weight of any carcinogen listed in the U.S. Department of Health and Human Service's Annual 

Report on Carcinogens when usage of the chemical mixture is less than 100,000 pounds/year; 

(b) Evaporative and tail pipe emissions from on-site motor vehicle operation; 

(c) Distillate oil, kerosene, and gasoline fuel burning equipment rated at less than or equal to 0.4 million 

Btu!hr; 

(d) Natural gas and propane burning equipment rated at less than or equal to 2.0 million Btu/hr; 

(e) Office activities; 

(f) Food service activities; 

(g) Janitorial activities; 

(h) Personal care activities; 

(i) Groundskeeping activities including, but not limited to building painting and road and parking lot 

maintenance; 

G) On-site laundry activities; 

(k) On-site recreation facilities; 

(I) Instrument calibration; 
Attachment 3.2a, page 7 

(m) Maintenance and repair shop; 

(n) Automotive repair shops or storage garages; 

( o) Air cooling or ventilating equipment not designed to remove air contaminants generated by or 

released from associated equipment; 

(p) Refrigeration systems with less than 50 pounds of charge of ozone depleting substru1ces regulated 

under Title VI, including pressure tanks used in refrigeration systems but excluding any combustion 

equipment associated with such systems; 

( q) Bench scale laboratory equipment and laboratory equipment used exclusively for chemical and 

physical analysis, including associated vacuum producing devices but excluding research and 

development facilities; 

(r) Temporary construction activities; 

( s) Warehouse activities; 

(t) Accidental fires; 

(u) Air vents from air compressors; 

(v) Air purification systems; 

(w) Continuous emissions monitoring vent lines; 

(x) Demineralized water tanks; 

(y) Pre-treatment of municipal water, including use of deionized water purification systems; 

(z) Electrical charging stations; 

(aa) Fire brigade training; 

(bb) Instrument air dryers and distribution; 

( cc) Process raw water filtration systems; 

( dd) Pharmaceutical packaging; 

( ee) Fire suppression; 

(ff) Blueprint making; 

(gg) Routine maintenance, repair, and replacement such as anticipated activities most often associated 

with and performed during regularly scheduled equipment outages to maintain a plant and its equipment 

in good operating condition, including but not limited to steam cleaning, abrasive use, and 

woodworking; 
Attachment 3.2a, page 8 

(hh) Electric motors; 

(ii) Storage tanks, reservoirs, transfer and lubricating equipment used for ASTM grade distillate or 

residual fuels, lubricants, and hydraulic fluids; 

Qj) On-site storage tanks not subject to any New Source Performance Standards (NSPS), including 

underground storage tanks (UST), storing gasoline or diesel used exclusively for fueling of the facility's 

fleet of vehicles; 

(kk) Natural gas, propane, and liquefied petroleum gas (LPG) storage tanks and transfer equipment; 

(II) Pressurized tanks containing gaseous compounds; 

(mrn) Vacuum sheet stacker vents; 

(nn) Emissions from wastewater discharges to publicly owned treatment works (POTW) provided the 

source is authorized to discharge to the POTW, not including on-site wastewater treatment and/or 

holding facilities; 

( oo) Log ponds; 

(pp) Storm water settling basins; 

( qq) Fire suppression and training; 

(rr) Paved roads and paved parking lots within an urban growth boundary; 

(ss) Hazardous air pollutant emissions of fugitive dust from paved and unpaved roads except for those 

sources that have processes or activities that contribute to the deposition and entrainment of hazardous 

air pollutants from surface soils; 

(tt) Health, safety, and emergency response activities; 

(uu) Emergency generators and pumps used only during loss of primary equipment or utility service due 

to circumstances beyond the reasonable control of the owner or operator, or to address a power 

emergency as determined by the Department; 

(vv) Non-contact steam vents and leaks and safety and relief valves for boiler steam distribution 

systems; 

(ww) Non-contact steam condensate flash tanks; 

(xx) Non-contact steam vents on condensate receivers, deaerators and similar equipment; 

(yy) Boiler blowdown tanks; 

(zz) Industrial cooling towers that do not use chromium-based water treatment chemicals; 

(aaa) Ash piles maintained in a wetted condition and associated handling systems and activities; 
Attachment 3.2a, page 9 

(bbb) Oil/water separators in effluent treatment systems; 

( ccc) Combustion source flame safety purging on startup; 

( ddd) Broke beaters, pulp and repulping tanks, stock chests and pulp handling equipment, excluding 

thickening equipment and repulpers; 

( eee) Stock cleaning and pressurized pulp washing, excluding open stock washing systems; and 

(fff) White water storage tanks. 

(21) "Certifying individual" means the responsible person or official authorized by the owner or operator 

of a source who certifies the accuracy of the emission statement. 

(22) "CFR" means Code of Federal Regulations. 

(23) "Class I area" ineans any Federal, State or Indian reservation land which is classified or reclassified 

as Class I area. Class I areas are identified in OAR 340-204-0050. 

(24) "Commence" or "commencement" means that the owner or operator has obtained all necessary 

preconstruction approvals required by the Act and either has: 

(a) Begun, or caused to begin, a continuous program of actual on-site construction of the source to be 

completed in a reasonable time; or 

(b) Entered into binding agreements or contractual obligations, which cannot be canceled or modified 

without substantial loss to the owner or operator, to undertake a program of construction of the source to 

be completed in a reasonable time. 

(25) "Commission" or "EQC" means Environmental Quality Commission. 

(26) "Constant Process Rate" means the average variation in process rate for the calendar year is not 

greater than plus or minus ten percent of the average process rate. 

(27) "Construction": 

(a) Except as provided in subsection (b) of this section means any physical change including, but not 

limited to, fabrication, erection, installation, demolition, or modification of a source or part of a source; 

(b) As used in OAR 340 division 224 means any physical change including, but not limited to, 

fabrication, erection, installation, demolition, or modification of an emissions unit, or change in the 

method of operation of a source which would result in a change in actual emissions. 

(28) "Continuous compliance determination method" means a method, specified by the applicable 

standard or an applicable permit condition, which: 

(a) Is used to determine compliance with an emission limitation or standard on a continuous basis, 

consistent with the averaging period established for the emission limitation or standard; and 
Attachment 3.2a, page 10 

(b) Provides data either in units of the standard or correlated directly with the compliance limit. 

(29) "Continuous Monitoring Systems" means sampling and analysis, in a timed sequence, using 

techniques which will adequately reflect actual emissions or concentrations on a continuing basis in 

accordance with the Department's Continuous Monitoring Manual, and includes continuous emission 

monitoring systems, continuous opacity monitoring system (COMS) and continuous parameter 

monitoring systems. 

(30) "Control device" means equipment, other than inherent process equipment that is used to destroy or 

remove air pollutant(s) prior to discharge to the atmosphere. The types of equipment that may 

commonly be used as control devices include, but are not limited to, fabric filters, mechanical collectors, 

electrostatic precipitators, inertial separators, afterburners, thermal or catalytic incinerators, adsorption 

devices( such as carbon beds), condensers, scrubbers( such as wet collection and gas absorption devices), 

selective catalytic or non-catalytic reduction systems, flue gas recirculation systems, spray dryers, spray 

towers, mist eliminators, acid plants, sulfur recovery plants, injection systems( such as water, steam, 

ammonia, sorbent or limestone injection), and combustion devices independent of the particular process 

being conducted at an emissions unit( e.g., the destruction of emissions achieved by venting process 

emission streams to flares, boilers or process heaters). For purposes of OAR 340-212-0200 through 340-

212-0280, a control device does not include passive control measures that act to prevent pollutants from 

forming, such as the use of seals, lids, or roofs to prevent the release of pollutants, use of low-polluting 

fuel or feedstocks, or the use of combustion or other process design features or characteristics. If an 

applicable requirement establishes that particular equipment which otherwise meets this definition of a 

control device does not constitute a control device as applied to a particular pollutant-specific emissions 

unit, then that definition will be binding for purposes of OAR 340-212-0200 through 340-212-0280. 

(31) "Criteria Pollutant" means nitrogen oxides, volatile organic compounds, particulate matter, PM! 0, 

PM2.5, sulfur dioxide, carbon monoxide, or lead. 

(32) "Data" means the results of any type of monitoring or method, including the results of instrumental 

or non-instrumental monitoring, emission calculations, manual sampling procedures, recordkeeping 

procedures, or any other form of information collection procedure used 'in connection with any type of 

monitoring or method. 

(33) "De minimis emission levels" mean the levels for the pollutants listed in Table 4. 

NOTE: De minimis is compared to all increases that are not included in the PSEL. 

(34) "Department": 

(a) Means Department of Environmental Quality; except 

(b) As used in OAR 340 divisions 218 and 220 means Department of Environmental Quality or in the 

case of Lane County, Lane Regional Air Protection Agency. 

(3 5) "Device" means any machine, equipment, raw material, product, or byproduct at a source that 

produces or emits a regulated pollutant. 

(36) "Direct PM2.5" has the meaning provided in the definition ofPM2.5. 
Attachment 3.2a, page 11 

(37) "Director" means the Director of the Department or the Director's designee. 

(38) "Draft permit" means the version of an Oregon Title V Operating Permit for which the Department 

or Lane Regional Air Protection Agency offers public participation under OAR 340-218-0210 or the 

EPA and affected State review under 340-218-0230. 

(39) "Effective date of the program" means the date that the EPA approves the Oregon Title V Operating 

Permit program submitted by the Department on a full or interim basis. In case of a partial approval, the 

"effective date of the program" for each portion of the pr6gram is the date of the EPA approval of that 

portion. 

(40) "Emergency" means any situation arising from sudden and reasonably unforeseeable events beyond 

the control of the owner or operator, including acts of God, which situation requires immediate 

corrective action to restore normal operation, and that causes the source to exceed a technology-based 

emission limitation under the permit, due to unavoidable increases in emissions attributable to the 

emergency. An emergency does not include noncompliance to the extent caused by improperly designed 

equipment, lack of preventative maintenance, careless or improper operation, or operator error. 

( 41) "Emission" means a release into the atmosphere of any regulated pollutant or any air contaminant 

(42) "Emission Estimate Adjustment Factor" or "EEAF" means an adjustment applied to an emission 

factor to account for the relative inaccuracy of the emission factor. 

(43) "Emission Factor" means an estimate of the rate at which a pollutant is released into the 

atmosphere, as the result of some activity, divided by the rate of that activity (e.g., production or process 

rate). 

(44)(a) Except as provided in subsection (b) of this section, "Emission Limitation" and "Emission 

Standard" mean a requirement established by a State, local government, or 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. 

(b) As used in OAR 340-212-0200 through 340-212-0280, "Emission limitation or standard" means any 

applicable requirement that constitutes an emission limitation, emission standard, standard of 

performance or means of emission limitation as defined under the Act An emission limitation or 

standard may be expressed in terms of the pollutant, expressed either as a specific quantity, rate or 

concentration of emissions (e.g., pounds of S02 per hour, pounds of S02 per million British thermal 

units of fuel input, kilograms ofVOC per liter of applied coating solids, or parts per million by volume 

ofS02) or as the relationship of uncontrolled to controlled emissions (e.g., percentage capture and 

destruction efficiency of VOC or percentage reduction of S02). An emission limitation or standard may 

also be expressed either as a work practice, process or control device parameter, or other form of 

specific design, equipment, operational, or operation and maintenance requirement For purposes of 340-

212-0200 through 340-212-0280, an emission limitation or standard does not include general operation 

requirements that an owner or operator may be required to meet, such as requirements to obtain a 

permit, to operate and maintain sources in accordance with good air pollution control practices, to 

develop and maintain a malfunction abatement plan, to keep records, submit reports, or conduct 

monitoring. 
Attachment 3.2a, page 12 

( 45) "Emission Reduction Credit Banking" means to presently reserve, subject to requirements of OAR 

340 division 268, Emission Reduction Credits, emission reductions for use by the reserver or assignee 

for future compliance with air pollution reduction requirements. 

( 46) "Emission Reporting Form" means a paper or electronic form developed by the Department that 

must be completed by the permittee to report calculated emissions, actual emissions, or permitted 

emissions for interim emission fee assessment purposes. 

( 4 7) "Emissions unit" means any part or activity of a source that emits or has the potential to emit any 

regulated air pollutant. 

(a) A part of a source is any machine, equipment, raw material, product, or byproduct that produces or 

emits regulated air pollutants. An activity is any process, operation, action, or reaction (e.g., chemical) at 

a stationary source that emits regulated air pollutants. Except as described in subsection (d) of this 

section, parts and activities may be grouped for purposes of defining an emissions unit if the following 

conditions are met: 

(A) The group used to define the emissions unit may not include discrete parts or activities to which a 

distinct emissions standard applies or for which different compliance demonstration requirements apply; 

and 

(B) The emissions from the emissions unit are quantifiable. 

(b) Emissions units may be defined on a pollutant by pollutant basis where applicable. 

(c) The term emissions unit is not meant to alter or affect the definition of the term "unit" under Title IV 

oftheFCAA. 

(d) Parts and activities cannot be grouped for determining emissions increases from an emissions unit 

under OAR 340-224-0050 through 340-224-0070, or 340 division 210, or for determining the 

applicability of any New Source Performance Standard (NSPS). 

( 48) "EPA" or "Administrator" means the Administrator of the United States Environmental Protection 

Agency or the Administrator's designee. 

( 49) "Equivalent method" means any method ofsampling and analyzing for an air pollutant that has 

been demonstrated to the Department's satisfaction to have a consistent and quantitatively known 

relationship to the reference method, under specified conditions. An equivalent method used to meet an 

applicable federal requirement for which a reference method is specified must be approved by EPA 

unless EPA has delegated authority for the approval to the Department. 

(50) "Event" means excess emissions that arise from the same condition and occur during a single 

calendar day or continue into subsequent calendar days. 

(51) "Exceedance" means a condition that is detected by monitoring that provides data in terms of an 

emission limitation or standard and that indicates that emissions (or opacity) are greater than the 

applicable emission limitation or standard( or less than the applicable standard in the case of a percent 

reduction requirement) consistent with any averaging period specified for averaging the results of the 

monitoring. 
Attachment 3.2a, page 13 

(52) "Excess emissions" means emissions in excess of a permit limit or any applicable air quality rule. 

(53) "Excursion" means a departure from an indicator range established for monitoring und.er OAR 340-

212-0200 through 340-212-0280 and 340-218-0050(3)(a), consistent with any averaging period 

specified for averaging the results of the monitoring. 

(54) "Federal Land Manager" means with respect to any lands in the United States, the Secretary of the 

federal department with authority over such lands. 

(55) "Federal Major Source" means a source with potential to emit any individual regulated pollutant, 

excluding hazardous air pollutants listed in OAR 340 division 244, greater than or equal to 100 tons per 

year if in a source category listed below, or 250 tons per year if not in a source category listed. In 

addition, for greenhouse gases, a federal major source must also have the potential to emit C02e greater 

than or equal to 100,000 tons per year. The fugitive emissions and insignificant activity emissions of a 

stationary source are considered in determining whether it is a federal major source. Potential to emit 

calculations must include emission increases due to a new or modified source and may include emission 

decreases. 

(a) Fossil fuel-fired steam electric plants of more than 250 million BTU/hour heat input; 

(b) Coal cleaning plants with thermal dryers; 

(c) Kraft pulp mills; 

(d) Portland cement plants; 

(e) Primary Zinc Smelters; 

(f) Iron and Steel Mill Plants; 

(g) Primary aluminum ore reduction plants; 

(h) Primary copper smelters; 

(i) Municipal Incinerators capable of charging more than 50 tons of refuse per day; 

(j) Hydrofluoric acid plants; 

(k) Sulfuric acid plants; 

(1) Nitric acid plants; 

(m) Petroleum Refineries; 

(n) Lime plants; 

( o) Phosphate rock processing plants; 

(p) Coke oven batteries; 
Attachment 3.2a, page 14 

( q) Sulfur recovery plants; 

(r) Carbon black plants, furnace process; 

( s) Primary lead smelters; 

(t) Fuel conversion plants; 

(u) Sintering plants; 

(v) Secondary metal production plants; 

(w) Chemical process plants; 

(x) Fossil fuel fired boilers, or combinations thereof, totaling more than 250 million BTU per hour heat 

input; 

(y) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; 

(z) Taconite ore processing plants; 

(aa) Glass fiber processing plants; 

(bb) Charcoal production plants. 

(56) "Final permit" means the version of an Oregon Title V Operating Permit issued by the Department 

or Lane Regional Air Protection Agency that has completed all review procedures required by OAR 

340-218-0120 through 340-218-0240. 

(57) "Form" means a paper or electronic form developed by the Depmiment. 

(~58) "Fugitive Emissions": 

(a) Except as used in subsection (b) of this section, means emissions of any air contaminant which 

escape to the atmosphere from any point or area that is not identifiable as a stack, vent, duct, or 

equivalent opening. 

(b) As used to define a major Oregon Title V Operating Permit program source, means those emissions 

which could not reasonably pass tlrrough a stack, chimney, vent, or other functionally equivalent 

opening. 

(§%59) "General permit": 

(a) Except as provided in subsection (b) of this section, means an Oregon Air Contaminant Discharge 

Permit established under OAR 340-216-0060; 

(b) As used in OAR 340 division 218 means an Oregon Title V Operating Permit established under 

OAR 340-218-0090. 
Attachment 3.2a, page 15 

(~60) "Generic PSEL" means the levels for the pollutants listed in Table 5. 

NOTE: Sources are eligible for a generic PSEL if expected emissions are less than or equal to the levels 

listed in Table 5. Baseline emission rate and netting basis do not apply to pollutants at sources using 

generic PSELs. 

(W61)(a) "Greenhouse Gases" or "GHGs" means the aggregate group of six greenhouse gases: carbon 

dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. Each 

gas is also individually a greenhouse gas. 

(b) The definition of greenhouse gases in subsection (a) of this section does not include, for purposes of 

division 216, 218, and 224, carbon dioxide emissions from the combustion or decomposition of biomass 

except to the extent required by federal law. 

(6+62) "Growth Allowance" means an allocation of some part of an airshed's capacity to accommodate 

future proposed major sources and major modifications of sources. 

(6263) "Immediately" means as soon as possible but in no case more than one hour after a source knew 

or should have known of an excess emission period. 

(w64) "Inherent process equipment" means equipment that is necessary for the proper or safe 

functioning of the process, or material recovery equipment that the owner or operator documents is 

installed and operated primarily for purposes other than compliance with air pollution regulations. 

Equipment that must be operated at an efficiency higher than that achieved during normal process 

operations in order to comply with the applicable emission limitation or standard is not inherent process 

equipment. For the purposes of OAR 340-212-0200 through 340-212-0280, inherent process equipment 

is not considered a control device. 

(6465) "Insignificant Activity" means an activity or emission that the Department has designated as 

categorically insignificant, or that meets the criteria of aggregate insignificant emissions. 

(g66) "Insignificant Change" means an off-permit change defined under OAR 340-218-0140(2)(a) to 

either a significant or an insignificant activity which: 

(a) Does not result in are-designation from an insignificant to a significant activity; 

(b) Does not invoke an applicable requirement not included in the permit; and 

(c) Does not result in emission ofregulated air pollutants not regulated by the source's permit. 

(6B67) "Late Payment" means a fee payment which is postmarked after the due date. 

(6+68) "Lowest Achievable Emission Rate" or "LAER" means that rate of emissions which reflects: the 

most stringent emission limitation which is contained in the implementation plan of any state for such 

class or category of source, unless the owner or operator of the proposed source demonstrates that such 

limitations are not achievable; or the most stringent emission limitation which is achieved in practice by 

such class or category of source, whichever is more stringent. The application of this term cannot permit 

a proposed new or modified source to emit any air contaminant in excess of the amount allowable under 

applicable New Source Performance Standards (NSPS) or standards for hazardous air pollutants. 
Attachment 3.2a, page 16 

( 4&69) "Maintenance Area" means a geographical area of the State that was designated as a 

nonattainment area, redesignated as an attainment area by EPA, and redesignated as a maintenance area 

by the Environmental Quality Commission in OAR 340, division 204. 

(@70) "Maintenance Pollutant" means a pollutant for which a maintenance area was formerly 

designated a nonattainment area. 

(+071) "Major Modification" means any physical change or change in the method of operation of a 

source that results in satisfYing the requirements of both subsections (a) and (b) of this section, or of 

subsection (c) of this section for any regulated air pollutant Major modifications for ozone precursors 

or PM2.5 precursors also constitute major modifications for ozone and PM2.5, respectively. 

(a) Except as provided in subsection (d) of this section, a PSEL that exceeds the netting basis by an 

amount that is equal to or greater than the significant emission rate. 

(b) The accumulation of emission increases due to physical changes and changes in the method of 

operation as determined in accordance with paragraphs (A) and (B) of this subsection is equal to or 

greater than the significant emission rate. 

(A) Calculations of emission increases in subsection (b) of this section must account for all accumulated 

increases in actual emissions due to physical changes and changes in the method of operation occurring 

at the source since the applicable baseline period, or since the time of the last construction approval 

issued for the source pursuant to the New Source Review Regulations in OAR 340 division 224 for that 

pollutant, whichever time is more recent These include fugitive emissions and emissions from 

insignificant activities. 

(B) Emission increases due solely to increased use of equipment or facilities that existed or were 

permitted or approved to construct in accordance with OAR 340 division 2 I 0 during the applicable 

baseline period are not included, except if the increased use is to support a physical change or change in 

the method of operation. 

(c) Any change at a source, including production increases, that would result in a Plant Site Emission 

Limit increase of 1 ton or more for any regulated pollutant for which the source is a major source in 

nonattainment or maintenance areas or a federal major source in attainment or unclassified areas, if the 

source obtained permits to construct and operate after the applicable baseline period but has not 

undergone New Source Review. 

(A) Subsection (c) of this section does not apply to PM2.5 and greenhouse gases. 

(B) Changes to the PSEL solely due to the availability of better emissions information are exempt from 

being considered an increase. 

(d) If a portion of the netting basis or PSEL (or both) was set based on PTE because the source had not 

begun normal operations but was permitted or approved to construct and operate, that portion of the 

netting basis or PSEL (or both) must be excluded from the tests in subsections (a) and (b) of this section 

until the netting basis is reset as specified in the definitions of baseline emission rate and netting basis. 

(e) The following are not considered major modifications: 
Attachment 3.2a, page 17 

(A) Except as provided in subsection (c) of this section, proposed increases in hours of operation or 

production rates that would cause emission increases above the levels allowed in a permit and would not 

involve a physical change or change in method of operation in the source; 

(B) Routine maintenance, repair, and replacement of components; 

(C) Temporary equipment installed for maintenance of the permanent equipment if the temporary 

equipment is in place for less than six months and operated within the permanent equipment's existing 

PSEL; 

(D) Use of alternate fuel or raw materials, that were available and the source was capable of 

accommodating in the baseline period. 

(++ 72) "Major Source": 

(a) Except as provided in subsection (b) of this section, means a source that emits, or has the potential to 

emit, any regulated air pollutant at a Significant Emission Rate. The fugitive emissions and insignificant 

activity emissions of a stationary source are considered in determining whether it is a major source. 

· Potential to emit calculations must include emission increases due to a new or modified source and may 

include emission decreases. 

(b) As used in OAR 340 division 210, Stationary Source Notification Requirements, OAR 340 division 

218, rules applicable to sources required to have Oregon Title V Operating Permits, OAR 340 division 

220, Oregon Title V Operating Permit Fees, and 340-216-0066 Standard ACDPs, means any stationary 

source (or any group of stationary sources that are located on one or more contiguous or adjacent 

properties and are under common control of the same person (or persons under common control)) 

belonging to a single major industrial grouping or supporting the major industrial group and that is 

described in paragraphs (A), (B), (C) or (D) of this subsection. For the purposes of this subsection, a 

stationary source or group of stationary sources is considered part of a single industrial grouping if all of 

the pollutant emitting activities at such source or group of sources on contiguous or adjacent properties 

belong to the same Major Group (i.e., all have the same two-digit code) as described in the Standard 

Industrial Classification Manual (U.S. Office of Management and Budget, 1987) or support the major 

industrial group. 

(A) A major source of hazardous air pollutants, which means: 

(i) For pollutants other than radionuclides, any stationary source or group of stationary sources located 

within a contiguous area and under common control that emits or has the potential to emit, in the 

aggregate, 10 tons per year (tpy) or more of any hazardous air pollutants that has been listed pursuant to 

OAR 340-244-0040; 25 tpy or more of any combination of such hazardous air pollutants, or such lesser 

quantity as the Administrator may establish by rule. Emissions from any oil or gas exploration or 

production well, along with its associated equipment, and emissions from any pipeline compressor or 

pump station will not be aggregated with emissions from other similar units, whether or not such units 

are in a contiguous area or under common control, to determine whether such units or stations are major 

sources; or 

(ii) For radionuclides, "major source" will have the meaning specified by the Administrator by rule. 
Attachment 3.2a, page 18 

(B) A major stationary source of air pollutants, as defined in section 302 of the Act, that directly emits 

or has the potential to emit I 00 tpy or more of any regulated air pollutant, except greenhouse gases, 

including any major source of fugitive emissions of any such pollutant. The fugitive emissions of a 

stationary source are not considered in determining whether it is a major stationary source for the 

purposes of section 3020) of the Act, unless the source belongs to one of the following categories of 

stationary source: 

(i) Coal cleaning plants (with thermal dryers); 

(ii) Kraft pulp mills; 

(iii) Portland cement plants; 

(iv) Primary zinc smelters; 

(v) Iron and steel mills; 

(vi) Primary aluminum ore reduction plants; 

(vii) Primary copper smelters; 

(viii) Municipal incinerators capable of charging more than 50 tons of refuse per day; 

(ix) Hydrofluoric, sulfuric, or nitric acid plants; 

(x) Petroleum refineries; 

(xi) Lime plants; 

(xii) Phosphate rock processing plants; 

(xiii) Coke oven batteries; 

(xiv) Sulfur recovery plants; 

(xv) Carbon black plants( furnace process); 

(xvi) Primary lead smelters; 

(xvii) Fuel conversion plants; 

(xviii) Sintering plants; 

(xix) Secondary metal production plants; 

(xx) Chemical process plants; 

(xxi) Fossil-fuel boilers, or combination thereof, totaling more than 250 million British thermal units per 

hour heat input; 
Attachment 3.2a, page 19 

(xxii) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; 

(xxiii) Taconite ore processing plants; 

(xxiv) Glass fiber processing plants; 

(xxv) Charcoal production plants; 

(xxvi) Fossil-fuel-fired steam electric plants of more than 250 million British thermal units per hour heat 

input; or 

(xxvii) Any other stationary source category, that as of August 7, 1980 is being regulated under section 

111 or 112 of the Act. 

(C) Beginning July 1, 2011, a major stationary source of air pollutants, as defined by Section 302 of the 

Act, that directly emits or has the potential to emit 100 tpy or more of greenhouse gases and directly 

emits or has the potential to emit 100,000 tpy or more C02e, including fugitive emissions. 

(D) A major stationary source as defined in part D of Title I of the Act, including: 

(i) For ozone nonattainment areas, sources with the potential to emit 100 tpy or more of VOCs or oxides 

of nitrogen in areas classified as "marginal" or "moderate," 50 tpy or more in areas classified as 

"serious," 25 tpy or more in areas classified as "severe," and 10 tpy or more in areas classified as 

"extreme"; except that the references in this paragraph of this subsection to 100, 50, 25, and 10 tpy of 

nitrogen oxides do not apply with respect to any source for which the Administrator has made a finding, 

under section 182(f)(l) or (2) of the Act, that requirements under section 182(f) of the Act do not apply; 

(ii) For ozone transport regions established pursuant to section 184 of the Act, sources with the potential 

to emit 50 tpy or more ofVOCs; 

(iii) For carbon monoxide nonattainment areas: 

(I) That are classified as "serious"; and 

(II) In which stationary sources contribute significantly to carbon monoxide levels as determined under 

rules issued by the Administrator, sources with the potential to emit 50 tpy or more of carbon monoxide. 

(iv) For particulate matter(PMlO) nonattainment areas classified as "serious," sources with the potential 

to emit 70 tpy or more ofPMlO. 

(::r:h73) "Material Balance" means a procedure for determining emissions based on the difference in the 

amount of material added to a process and the amount consumed and/or recovered from a process. 

(H74) "Modification," except as used in the term "major modification," means any physical change to, 

or change in the method of operation of, a stationary source that results in an increase in the stationary 

source's potential to emit any regulated air pollutant on an hourly basis. Modifications do not include the 

following: 
Attachment 3.2a, page 20 

(a) Increases in hours of operation or production rates that do not involve a physical change or change in 

the method of operation; 

(b) Changes in the method of operation due to using an alternative fuel or raw material that the 

stationary source was physically capable of accommodating during the baseline period; and 

(c) Routine maintenance, repair and like-for-like replacement of components unless they increase the 

expected life of the stationary source by using component upgrades that would not otherwise be 

necessary for the stationary source to function. 

(+4 7 5) "Monitoring" means any form of collecting data on a routine basis to determine or otherwise 

assess compliance with emission limitations or standards. Monitoring may include record keeping if the 

records are used to determine or assess compliance with an emission limitation or standard (such as 

records of raw material content and usage, or records documenting compliance with work practice 

requirements). Monitoring may include conducting compliance method tests, such as the procedures in 

appendix A to 40 CFR part 60, on a routine periodic basis. Requirements to conduct such tests on a onetime basis, or at such times as a regulatory authority may require on a non-regular basis, are not 

considered monitoring requirements for purposes of this definition. Monitoring may include one or more 

than one ofthe following data collection techniques as appropriate for a particular circumstance: 

(a) Continuous emission or opacity monitoring systems. 

(b) Continuous process, capture system, control device or other relevant parameter monitoring systems 

or procedures, including a predictive emission monitoring system. 

(c) Emission estimation and calculation procedures (e.g., mass balance or stoichiometric calculations). 

(d) Maintaining and analyzing records of fuel or raw materials usage. 

(e) Recording results of a program or protocol to conduct specific operation and maintenance 

procedures. 

(f) Verifying emissions, process parameters, capture system parameters, or control device parameters 

using portable or in situ measurement devices. 

(g) Visible emission observations and recording. 

(h) Any other form of measuring, recording, or verifying on a routine basis emissions, process 

parameters, capture system parameters, control device parameters or other factors relevant to assessing 

compliance with emission limitations or standards. 

(H76) "Netting Basis" means the baseline emission rate MINUS any emission reductions required by 

rule, orders, or permit conditions required by the SIP or used to avoid SIP requirements, MINUS any 

unassigned emissions that are reduced from allowable under OAR 340-222-0045, MINUS any emission 

reduction credits transferred off site, PLUS any emission increases approved through the New Source 

Review regulations in OAR 340 division 224 MINUS any emissions reductions required by subsection 

(g) of this section. 
Attachment 3.2a, page 21 

(a) A netting basis will only be established for regulated pollutants subject to OAR 340 division 224 as 

specified in the definition of regulated pollutant. 

(b) The initial PM2.5 netting basis and PSEL for a source that was permitted prior to May 1, 2011 will 

be established with the first permitting action issued after July I, 2011, provided the permitting action 

involved a public notice period that began afterJuly 1, 2011. 

(A) The initial netting basis is the PM2.5 fraction of the PM1 0 netting basis in effect on May 1, 2011. 

DEQ may increase the initial PM2.5 netting basis by up to 5 tons if necessary to avoid exceedance of the 

PM2.5 significant emission rate as of May 1, 2011. 

(B) Notwithstanding OAR 340-222-0041 (2), the initial source specific PSEL for a source with PTE 

greater than or equal to the SER will be set equal to the PM2.5 fraction of the PM1 0 PSEL. 

(c) The initial greenhouse gas netting basis and PSEL for a source will be established with the first 

permitting action issued after July 1, 2011, provided the permitting action involved a public notice 

period that began afterJuly 1, 2011. 

(d) Netting basis is zero for: 

(A) Any regulated pollutant emitted from a source that first obtained permits to construct and operate 

after the applicable baseline period for that regulated pollutant, and has not undergone New Source 

Review for that pollutant; 

(B) Any pollutant that has a generic PSEL in a permit; 

(C) Any source permitted as portable; or 

(D) Any source with a netting basis calculation resulting in a negative number. 

(e) If a source relocates to an adjacent site, and the time between operation at the old and new sites is 

less than six months, the source may retain the netting basis from the old site. 

(f) Emission reductions required by rule, order, or permit condition affect the netting basis if the source 

currently has devices or emissions units that are subject to the rules, order, or permit condition. The 

baseline emission rate is not affected. The netting basis reduction will be effective on the effective date 

of the rule, order, or permit condition requiring the reduction. The PSEL reduction will be effective on 

the compliance date of the rule, order, or pe1mit condition. 

(g) For permits issued after May 1, 2011 under New Source Review regulations in OAR 340 division 

224, and where the netting basis initially equaled the potential to emit for a new or modified source, the 

netting basis will be reduced in accordance with the definition of actual emissions. Notwithstanding 

OAR 340-222-0041 (2), this adjustment does not require a reduction in the PSEL. 

(h) Emission reductions required by rule do not include emissions reductions achieved under OAR 340-

226-0110 and 0120. 

(i) Netting basis for a pollutant with a revised definition will be adjusted if the source is emitting the 

pollutant at the time of redefining and the pollutant is included in the permit's netting basis. 
Attachment 3.2a, page 22 

G) Where EPA requires an attainment demonstration based on dispersion modeling, the netting basis 

will be established at no more than the level used in the dispersion modeling to demonstrate attainment 

with the ambient air quality standard (i.e., the attainment demonstration is an emission reduction 

required by rule). 

(::f677) "Nitrogen Oxides" or "NOx" means all oxides of nitrogen except nitrous oxide. 

(+7-78) "Nonattainment Area" means a geographical area of the State, as designated by the 

Environmental Quality Commission or the EPA, that exceeds any state or federal primary or secondary 

ambient air quality standard. 

(1&79) "Nonattainment Pollutant" means a pollutant for which an area is designated a nonattainment 

area. 

(-+980) "Normal Source Operation" means operations which do not include such conditions as forced 

fuel substitution, equipment malfunction, or highly abnormal market conditions. 

(&Gill) "Offset" means an equivalent or greater emission reduction that is required before allowing an 

emission increase from a proposed major source or major modification of an existing source. 

(8+82) "Opacity" means the degree to which an emission reduces transmission of light and obscures the 

view of an object in the background as measured in accordance with OAR 340-212-0120 and 212-0140. 

Unless otherwise specified by rule, opacity shall be measured in accordance with EPA Method 9 or a 

continuous opacity monitoring system (COMS) installed and operated in accordance with the 

Department's Continuous Monitoring Manual. For all standards, the minimum observation period shall 

be six minutes, though longer periods may be required by a specific rule or permit condition. Aggregate 

times (e.g. 3 minutes in any one hour) consist of the total duration of all readings during the observation 

period that equal or exceed the opacity percentage in the standard, whether or not the readings are 

consecutive. 

(&;!83) "Oregon Title V Operating Permit" means any permit covering an Oregon Title V Operating 

Permit source that is issued, renewed, amended, or revised pursuant to division 218. 

(~84) "Oregon Title V Operating Permit program" means a program approved by the Administrator 

under 40 CFR Part 70. 

(~85) "Oregon Title V Operating Permit program source" means any source subject to the permitting 

requirements, OAR 340 division 218. 

(1986) "Ozone Precursor" means nitrogen oxides and volatile organic compounds as measured by an 

applicable reference method in accordance with the Department's Source Sampling Manual( January, 

1992) or as measured by an EPA reference method in 40 CFR Part 60, appendix A or as measured by a 

material balance calculation for VOC as appropriate. 

(U87) "Ozone Season" means the contiguous 3 month period during which ozone exceedances typically 

occur (i.e., June, July, and August). 

(%788) "Particulate Matter" means all finely divided solid or liquid material, other than uncombined 

water, emitted to the ambient air. When used in emission standards, particulate matter is defined by the 
Attachment 3.2a, page 23 

method specified within the standard or by an applicable reference method in accordance with OAR 

340-212-0120 and 340-212-0140. Unless otherwise specified, sources with exhaust gases at or near 

ambient conditions may be tested with DEQ Method 5 or DEQ Method 8, as approved by the 

Department. Direct heat transfer sources shall be tested with DEQ Method 7; indirect heat transfer 

combustion sources and all other non-fugitive emissions sources not listed above shall be tested with 

DEQ Method 5. 

(S-889) "Permit" means an Air Contaminant Discharge Permit or an Oregon Title V Operating Permit. 

(&990) "Permit modification" means a permit revision that meets the applicable requirements of OAR 

340 division 216, 340 division 224, or 340-218-0160 through 340-218-0180. 

(9091) "Permit revision" means any permit modification or administrative permit amendment. 

(9+92) "Permitted Emissions" as used in OAR division 220 means. each regulated pollutant portion of 

the PSEL, as identified in an ACDP, Oregon Title V Operating Pennit, review report, or by the 

Department pursuant to OAR 340-220-0090. 

(9;:193) "Permittee" means the owner or operator of the facility, authorized by the ACDP or the Oregon 

Title V Operating Permit to operate the source. 

(9;94) "Person" means individuals, corporations, associations, firms, partnerships, joint stock 

companies, public and municipal corporations, political subdivisions, the State of Oregon and any 

agencies thereof, and the federal government and any agencies thereof. 

(9495) "Plant Site Emission Limit" or "PSEL" means the total mass emissions per unit time of an 

individual air pollutant specified in a permit for a source. The PSEL for a major source may consist of 

more than one permitted emission. 

(%96) "PMlO": 

(a) When used in the context of emissions, means finely divided solid or liquid material, including 

condensable particulate, other than uncombined water, with an aerodynamic diameter less than or equal 

to a nominal I 0 micrometers, emitted to the ambient air as measured by an applicable reference method 

in accordance with the Department's Source Sampling Manual(January, 1992); 

(b) When used in the context of ambient concentration, means airborne finely divided solid or liquid 

material with an aerodynamic diameter less than or equal to a nominal 1 0 micrometers as measured in 

accordance with 40 CFR Part 50, Appendix J. 

(%97) "PM2.5": 

(a) When used in the context of direct PM2.5 emissions, means finely divided solid or liquid material, 

including condensable particulate, other than uncombined water, with an aerodynamic diameter less than 

or equal to a nominal 2.5 micrometers, emitted to the ambient air as measured by EPA reference 

methods 20 l A and 202 in 40 CFR Part 51, appendix M. 
Attachment 3.2a, page 24 

(b) When used in the context ofPM2.5 precursor emissions, means sulfur dioxide (S02) and nitrogen 

oxides (NOx) emitted to the ambient air as measured by EPA reference methods in 40 CFR Part 60, 

appendix A. 

(c) When used in the context of ambient concentration, means particles with an aerodynamic diameter 

less than or equal to a nominal 2.5 micrometers as measured by a reference method based on 40 CFR 

Part 50, Appendix L, or an equivalent method designated in accordance with 40 CFR Part 53. 

(9+98) "PM2.5 fraction" means the fraction of PM2.5 to PMlO for each emissions unit that is included 

in the netting basis and PSEL. 

(9%99) "Pollutant-specific emissions unit" means an emissions unit considered separately with respect to 

each regulated air pollutant. 

(99100) "Potential to emit" or "PTE" means the lesser of: 

(a) The capacity of a stationary source; or 

(b) The maximum allowable emissions taking into consideration any physical or operational limitation, 

including air pollution control equipment and restrictions on hours of operation or on the type or amount 

of material combusted, stored, or processed, if the limitation is enforceable by the Administrator. 

(c) This definition does not alter or affect the use of this term for any other purposes under the Act or the 

term "capacity factor" as used in Title IV of the Act and the regulations promulgated thereunder. 

Secondary emissions are not considered in determining the potential to emit. 

(+00101) "Predictive emission monitoring system (PEMS)" means a system that uses process and other 

parameters as inputs to a computer program or other data reduction system to produce values in terms of 

the applicable emission limitation or standard. 

(-l-0+ 1 02) "Process Upset" means a failure or malfunction of a production process or system to operate 

in a normal and usual manner. 

· I (lm103) "Proposed permit" means the version of an Oregon Title V Operating Permit that the 

Department or a Regional Agency proposes to issue and forwards to the Administrator for review in 

compliance with OAR 340-218-0230. 

(-leW I 04) "Reference method" means any method of sampling and analyzing for an air pollutant as 

specified in 40 CFR Part 52, 60, 61 or 63. 

(+041 05) "Regional Agency" means Lane Regional Air Protection Agency. 

(~106) "Regulated air pollutant" or "Regulated Pollutant": 

(a) Except as provided in subsections (b) and( c) of this section, means: 

(A) Nitrogen oxides or any VOCs; 
Attachment 3.2a, page 25 

(B) Any pollutant for which a national ambient air quality standard has been promulgated, including any. 

precursors to such pollutants; 

(C) Any pollutant that is subject to any standard promulgated under section Ill of the Act; 

(D) Any Class I or II substance subject to a standard promulgated under or established by Title VI of the 

Act; 

(E) Any pollutant listed under OAR 340-244-0040 or 340-244-0230; and 

(F) Greenhouse Gases. 

(b) As used in OAR 340 division 220, regulated pollutant means particulates, volatile organic 

compounds, oxides of nitrogen and sulfur dioxide. 

(c) As used in OAR 340 division 224, regulated pollutant does not include any pollutant listed in 

divisions 244 and 246, unless the pollutant is listed in OAR 340 division 200 Table 2 (significant 

emission rates). 

(.f.G6107) "Renewal" means the process by which a permit is reissued at the end of its term. 

(-1-0+1 08) "Responsible official" means one of the following: 

(a) For a corporation: a president, secretary, treasurer, or vice-president of the corporation in charge of a 

principal business function, or any other person who performs similar policy or decision-making 

functions for the corporation, or a duly authorized representative of such person if the representative is 

responsible for the overall operation of one or more manufacturing, production, or operating facilities 

applying for or subject to a permit and either: 

(A) The facilities employ more than 250 persons or have gross armual sales or expenditures exceeding 

$25 million (in second quarter 1980 dollars); or 

(B) The delegation of authority to such representative is approved in advance by the Department or Lane 

Regional Air Protection Agency. 

(b) For a partnership or sole proprietorship: a general partner or the proprietor, respectively; 

(c) For a municipality, State, Federal, or other public agency: either a principal executive officer or 

ranking elected official. For the purposes of this division, a principal executive officer of a Federal 

agency includes the chief executive officer having responsibility for the overall operations of a principal 

geographic unit of the agency( e.g., a Regional Administrator of the EPA); or 

(d) For affected sources: 

(A) The designated representative in so far as actions, standards, requirements, or prohibitions under 

Title IV of the Act or the regulations promulgated there under are concerned; and 

(B) The designated representative for any other purposes under the Oregon Title V Operating Permit 

program. 
Attachment 3.2a, page 26 

(+0&109) "Secondary Emissions" means emissions that are a result of the construction and! or operation 

of a source or modification, but that do not come from the source itself. Secondary emissions must be 

specific, well defined, quantifiable, and impact the same general area as the source associated with the 

secondary emissions. Secondary emissions may include, but are not limited to: 

(a) Emissions from ships and trains coming to or from a facility; 

(b) Emissions from off-site support facilities that would be constructed or would otherwise increase 

emissions as a result of the construction or modification of a source. 

(+09110) "Section 111" means section 111 of the FCAA which includes Standards of Performance for 

New Stationary Sources (NSPS). 

(+Will) "Section 111(d)" means subsection 111(d) of the FCAA which requires states to submit to the 

EPA plans that establish standards of performance for existing sources and provides for implementing 

and enforcing such standards. 

(+H112) "Section 112" means section 112 of the FCAA which contains regulations for Hazardous Air 

Pollutants (HAP). 

(illll3) "Section 112(b)" means subsection 112(b) of the FCAA which includes the list of hazardous 

air pollutants to be regulated. 

(+8 114) "Section 112(d)" means subsection 112(d) of the FCAA which directs the EPA to establish 

emission standards for sources of hazardous air pollutants. This section also defines the criteria to be 

used by the EPA when establishing the emission standards. 

(H4115) "Section 112(e)" means subsection 112(e) of the FCAA which directs the EPA to establish and 

promulgate emissions standards for categories and subcategories of sources that emit hazardous air 

pollutants. 

(-1--B 116) "Section 112(r)(7)" means subsection 112(r)(7) of the FCAA which requires the EPA to 

promulgate regulations for the prevention of accidental releases and requires owners or operators to 

prepare risk management plans. 

(++6117) "Section 114(a)(3)" means subsection 114(a)(3) of the FCAA which requires enhanced 

monitoring and submission of compliance certifications for major sources. 

(++7118) "Section 129" means section 129 of the FCAA which requires the EPA to establish emission 

standards and other requirements for solid waste incineration units. 

(H-8119) "Section 129(e)" means subsection 129(e) of the FCAA which requires solid waste 

incineration units to obtain Oregon Title V Operating Permits. 

(.f-±.9120) "Section 182(£)" means subsection 182(f) of the FCAA which requires states to include plan 

provisions in the State Implementation Plan for NOx in ozone nonattainment areas. 
Attachment 3.2a, page 27 

(hl0121) "Section 182(£)(1)" means subsection 182(£)(1) of the FCAA which requires states to apply 

those plan provisions developed for major VOC sources and major NOx sources in ozone nonattainment 

areas. 

(+2+122) "Section 183(e)" means subsection 183(e) of the FCAA which requires the EPA to study and 

develop regulations for the control of certain VOC sources under federal ozone measures. 

(+66123) "Section 183(£)" means subsection 182(£) of the FCAA which requires the EPA to develop 

regulations pertaining to tank vessels under federal ozone measures. 

(~124) "Section 184" means section 184 of the FCAA which contains regulations for the control of 

interstate ozone air pollution. 

(+.64125) "Section 302" means section 302 of the FCAA which contains definitions for general and 

administrative purposes in the Act. 

(+.20126) "Section 302(j)" means subsection 302(j) of the FCAA which contains definitions of"major 

stationary so.urce" and "major emitting facility." 

(+26127) "Section 328" means section 328 of the FCAA which contains regulations for air pollution 

from outer continental shelf activities. 

(+;;l-'7128) "Section 408(a)" means subsection 408(a) of the FCAA which contains regulations for the 

Title IV permit program. 

(+2& 129) "Section 502(b )(1 0) change" means a change which contravenes an express permit term but is 

not a change that: 

(a) Would violate applicable requirements; 

(b) Would contravene federally enforceable permit terms and conditions that are monitoring, 

recordkeeping, reporting, or compliance certification requirements; or 

(c) Is a Title I modification. 

(bl9130) "Section 504(b)" means subsection 504(b) of the FCAA which states that the EPA can 

prescribe by rule procedures and methods for determining compliance and for monitoring. 

(+WI31) "Section 504(e)" means subsection 504(e) of the FCAA which contains regulations for permit 

requirements for temporary sources. 

(H+132) "Significant Air Quality Impact" means an additional ambient air quality concentration equal 

to or greater than in the concentrations listed in Table 1. The threshold concentrations listed in Table 1 

are used for comparison against the ambient air quality standard and do not apply for protecting PSD 

Class I increments or air quality related values (including visibility). For sources ofVOC or NOx, a 

major source or major modification has a significant impact if it is located within the Ozone Precursor 

Distance defined in OAR 340-225-0020. 
Attachment 3.2a, page 28 

(~133) "Significant Emission Rate" or "SER," except as provided in subsections (a) through( c) of this 

section, means an emission rate equal to or greater than the rates specified in Table 2. 

(a) For the Medford-Ashland Air Quality Maintenance Area, the Significant Emission Rate for PM10 is 

defined in Table 3. 

(b) For regulated air pollutants not listed in Table 2 or 3, the significant emission rate is zero unless the 

Department determines the rate that constitutes a significant emission rate. 

(c) Any new source or modification with an emissions increase less than the rates specified in Table 2 or 

3 associated with a new source or modification which would construct within 1 0 kilometers of a Class I 

area, and would have an impact on such area equal to or greater than 1 ug/m3 (24 hour average) is 

emitting at a significant emission rate. This provision does not apply to greenhouse gas emissions. 

(~134) "Significant Impairment" occurs when the Department determines that visibility impairment 

interferes with the management, protection, preservation, or enjoyment of the visual experience withln a 

Class I area. The Department will make this determination on a case-by-case basis after considering the 

recommendations of the Federal Land Manager and the geographlc extent, intensity, duration, 

frequency, and time of visibility impairment. These factors will be considered along with visitor use of 

the Class I areas, and the frequency and occurrence of natural conditions that reduce visibility. 

(H-4135) "Small scale local energy project" means: 

(a) A system, mechanism or series of mechanisms located primarily in Oregon that directly or indirectly 

uses or enables the use of, by the owner or operator, renewable resources including, but not limited to, 

solar, wind, geothermal, biomass, waste heat or water resources to produce energy, including heat, 

electricity and substitute fuels, to meet a local community or regional energy need in this state; 

(b) A system, mechanism or series of mechanisms located primarily in Oregon or providing substantial 

benefits to Oregon that directly or indirectly conserves energy or enables the conservation of energy by 

the owner or operator, including energy used in transportation; 

(c) A recycling project; 

(d) An alternative fuel project; 

(e) An improvement that increases the production or efficiency, or extends the operating life, of a 

system, mechanism, series of mechanisms or project otherwise described in this section of this rule, 

including but not limited to restarting a dormant project; 

(f) A system, mechanism or series of mechanisms installed in a facility or portions of a facility that 

directly or indirectly reduces the amount of energy needed for the construction and operation of the 

facility and that meets the sustainable building practices standard established by the State Department of 

Energy by rule; or 

(g) A project described in subsections (a) to (f) of this section, whether or not the existing project was 

originally financed under ORS 470, together with any refinancing necessary to remove prior liens or 

encumbrances against the existing project. 
Attachment 3.2a, page 29 

(h) A project described in subsections (a) to (g) of this section that conserves energy or produces energy 

by generation or by processing or collection of a renewable resource. 

(-8§:136) "Source" means any building, structure, facility, installation or combination thereof that emits 

or is capable of emitting air contaminants to the atmosphere, is located on one or more contiguous or 

adjacent properties and is owned or operated by the same person or by persons under common control. 

The term includes all pollutant emitting activities that belong to a single major industrial group (i.e., that 

have the same two-digit code) as described in the Standard Industrial Classification Manual, (U.S. 

Office of Management and Budget, 1987) or that support the major industrial group. 

(+.3{}137) "Source category": 

(a) Except as provided in subsection(b) of this section, means all the pollutant emitting activities that 

belong to the same industrial grouping(i.e., that have the same two-digit code) as described in the 

Standard Industrial Classification Manual, (U.S. Office of Management and Budget, 1987). 

(b) As used in OAR 340 division 220, Oregon Title V Operating Permit Fees, means a group of major 

sources that the Department determines are using similar raw materials and have equivalent process 

controls and pollution control equipment. 

(-H+138) "Source Test" means the average of at least three test runs conducted in accordance with the 

Department's Source Sampling Manual. 

(H8139) "Startup" and "shutdown" means that time during which an air contaminant source or 

emission-control equipment is brought into normal operation or normal operation is tenninated, 

respectively. 

(-H-9140) "State Implementation Plan" or "SIP" means the State of Oregon Clean Air Act 

Implementation Plan as adopted by the Commission under OAR 340-200-0040 and approved by EPA. 

(.J40141) "Stationary source" means any building, structure, facility, or installation at a source that emits 

or may emit any regulated air pollutant. 

(+4+142) "Substantial Underpayment" means the lesser often percent (10%) of the total interim 

emission fee for the major source or five hundred dollars. 

(.f-4.2143) "Synthetic minor source" means a source that would be classified as a major source under 

OAR 340-200-0020, but for limits on its potential to emit air pollutants contained in a permit issued by 

the Department under OAR 340 division 216 or 218. 

(W144) "Title I modification" means one of the following modifications pursuant to Title I of the 

FCAA: 

(a) A major modification subject to OAR 340-224-0050, Requirements for Sources in Nonattainment 

Areas; 

(b) A major modification subject to OAR 340-224-0060, Requirements for Sources in Maintenance 

Areas; 
Attachment 3.2a, page 30 

(c) A major modification subject to OAR 340-224-0070, Prevention of Significant Deterioration 

Requirements for Sources in Attainment or Unclassified Areas; 

(d) A modification that is subject to a New Source Performance Standard under Section 111 of the 

FCAA; or 

(e) A modification under Section 112 of the FCAA. 

(+44145) "Total Reduced Sulfur" or "TRS" means the sum of the sulfur compounds hydrogen sulfide, 

methyl mercaptan, dimethyl sulfide, dimethyl disulfide, and any other organic sulfides present expressed 

as hydrogen sulfide(H2S). 

(Wl46) "Typically Achievable Control Technology" or "TACT" means the emission limit established 

on a case-by-case basis for a criteria pollutant from a particular emissions unit in accordance with OAR 

340-226-0130. For existing sources, the emission limit established will be typical of the emission level 

achieved by emissions units similar in type and size. For new and modified sources, the emission limit 

established will be typical of the emission level achieved by well controlled new or modified emissions 

units similar in type and size that were recently installed. TACT determinations will be based on 

information known to the Department while considering pollution prevention, impacts on other 

environmental media, energy impacts, capital and operating costs, cost effectiveness, and the age and 

remaining economic life of existing emission control equipment. The Department may consider 

emission control technologies typically applied to other types of emissions units where such 

technologies could be readily applied to the emissions unit. If an emission limitation is not feasible, a 

design, equipment, work practice, operational standard, or combination thereof, may be required. 

(+4614 7) "Unassigned Emissions" means the amount of emissions that are in excess of the PSEL but 

less than the Netting Basis. 

(Wl48)"Unavoidable" or "could not be avoided" means events that are not caused entirely or in part by 

poor or inadequate design, operation, maintenance, or any other preventable condition in either process 

or control equipment. 

(-14& 149) "Upset" or "Breakdown" means any failure or malfunction of any pollution control equipment 

or operating equipment that may cause excess emissions. 

(1-49150) "Visibility Impairment" means any hnmauly perceptible change in visual range, contrast or 

coloration from that which existed under natural conditions. Natural conditions include fog, clouds, 

windblown dust, rain, sand, naturally ignited wildfires, and natural aerosols. 

(B-0151) "Volatile Organic Compounds" or "VOC" means any compound of carbon, excluding carbon 

monoxide; carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, 

that participates in atmospheric photochemical reactions. 

(a) This includes any such organic compound except the following, which have been determined to have 

negligible photochemical reactivity in the formation of tropospheric ozone: methane; ethane; methylene 

chloride( dichloromethane); dimethyl carbonate, propylene carbonate, 1,1, 1-trichloroethane(methyl 

chloroform); 1,1 ,2-trichloro-1 ,2,2-trifluoroethane(CFC-113); trichlorofluoromethane(CFC-11 ); 

dichlorodifluoromethane(CFC-12); chlorodifluoromethane(HCFC-22); trifluoromethane(HFC-23 ); 1 ,2-

dichloro-1, I ,2,2-tetrafluoroethane (CFC-114); chloropentafluoroethane(CFC-115); 1,1 ,1-trifluoro 2,2-
Attachment 3.2a, page 31 

dichloroethane(HCFC-123); 1 ,I ,1,2-tetrafluoroethane(HFC-134a); 1, 1-dichloro l-f1uoroethane(HCFC141 b); 1-chloro 1, 1-difluoroethane(HCFC-142b ); 2-chloro-1,1, 1,2-tetrafluoroethane(HCFC-124); 

pentafluoroethane(HFC-125); 1,1 ,2,2-tetrafluoroethane(HFC-134 ); 1, 1, 1-trifluoroetha:ne(HFC-14 3a); 

1,1-difluoroethane (HFC-152a); parachlorobenzotrif1uoride(PCBTF); cyclic, branched, or linear 

completely methylated siloxaries; acetone; perchloroethylene(tetrachloroethylene); 3,3-dichloro1, 1,1 ,2,2-pentafluoropropane(HCFC-225ca); 1 ,3-dichloro-1, 1 ,2,2,3-pentafluoropropane (HCFC-225cb ); 

1, 1,1 ,2,3,4,4,5,5,5-decafluoropentane HFC 43-1 Omee ); dif1uoromethane(HFC-32); ethylfluoride(HFC161 ); 1 ,1,1,3,3,3-hexafluoropropane(HFC-236fa); 1,1 ,2,2,3-pentaf1uoropropane(HFC-245ca); 1,1 ,2,3,3-

pentaf1uoropropane(HFC-245ea); 1,1, 1 ,2,3 -pentafluoropropane(HFC-245eb ); 1,1, 1 ,3 ,3-

pentafluoropropane(HFC-245fa); 1,1,1,2,3,3-hexafluoropropane(HFC-236ea); 1,1,1,3,3-

pentafluorobutane(HFC-365mfc ); chlorofluoromethane (HCFC-31 ); 1 chloro-1-f1uoroethane(HCFC151a); 1 ,2-dichloro-1, 1 ,2-trif1uoroethane(HCFC-123a); 1,1, 1 ,2,2,3,3,4,4-nonaf1uoro-4-methoxybutane(C4F90CH3 or HFE-7100); 2-(dif1uoromethoxymethyl)-1,1,1,2,3,3,3-

heptafluoropropane( (CF3)2CFCF20CH3); 1-ethoxy-1, 1 ,2,2,3,3,4,4,4-nonaf1uorobutane(C4 F90C2H5 or 

HFE-7200); 2-( ethoxydifluoromethyl)-1, 1, 1,2,3,3,3-heptafluoropropane ((CF3)2CFCF20C2H5); methyl 

acetate; 1,1, 1 ,2,2;3,3-heptaf1uoro-3-methoxy-propane(n-C3F70CH3, HFE-7000); 3-ethoxy-1,1, 1,2,3, 

4,4,5,5,6,6,6-dodecafluoro-2-(trif1uoromethyl) hexane(HFE-7 500); 1,1, 1 ,2,3,3 ,3-

heptafluoropropane(HFC 227ea); methyl formate (HCOOCH3); (1) 1,1,1,2,2,3,4,5,5,5-decafluoro-3-

methoxy-4-trif1uoromethyl-pentane(HFE-7300); and perfluorocarbon compounds that fall into these 

classes: 

(A) Cyclic, branched, or linear, completely f1uorinated alkanes; 

(B) Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations; 

(C) Cyclic, branched, or linear, completely f1uorinated tertiary amines with no unsaturations; and 

(D) Sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and 

fluorine. 

(b) For purposes of determining compliance with emissions limits, VOC will be measured by an 

applicable reference method in accordance with the Department's Source Sampling Manual, January, 

1992. Where such a method also measures compounds with negligible photochemical reactivity, these 

negligibly-reactive compounds may be excluded as VOC if the amount of such compounds is accurately 

quantified, and the Department approves the exclusion. 

(c) The Department may require an owner or operator to provide monitoring or testing methods and 

results demonstrating, to the Department's satisfaction, the amount of negligibly-reactive compounds in 

the source's emissions. 

(d) The following compound( s) are VOC for purposes of all recordkeeping, emissions reporting, 

photochemical dispersion modeling m1d inventory requirements which apply to VOC and must be 

uniquely identified in emission reports, but are not VOC for purposes ofVOC emissions limitations or 

VOC content requirements: !-butyl acetate. 

(-H-+152) "Year" means any consecutive 12 month period of time. 
Attachment 3.2a, page 32 

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. 

[ED. NOTE: Tables referenced are not included in the rule text. Click here .for a PDF copy of the tables.] 

[Publications: Publications referenced are available from the agency.] 

Stat. Auth.: ORS 468.020. 468A.025. 468A.035. 468A.055 & 468A.070 

Stats. Implemented: ORS 468A.025 & 468A.035 

Hist.: [DEQ 15-1978, f. & ef. 10-13-78; DEQ 4-1993, f. & cert. ef. 3-10-93]; [DEQ 47, f. 8-31-72, ef. 9-

15-72; DEQ 63, f. 12-20-73, ef. 1-11-74; DEQ 107, f. & ef. 1-6-76; Renumbered from 340-020-

0033.04; DEQ 25-1981, f. & ef. 9-8-81; DEQ 5-1983, f. & ef. 4-18-83; DEQ 18-1984, f. & ef. 10-16-84; 

DEQ 8-1988, f. & cert. ef. 5-19-88 (and corrected 5-31-88); DEQ 14-1989, f. & cert. ef. 6-26-89; DEQ 

42-1990, f. 12-13-90, cert. ef. 1-2-91; DEQ 2-1992, f. & cert. ef. 1-30-92; DEQ 7-1992, f. & cert. ef. 3-

30-92; DEQ 27-1992, f. & cert. ef. 11-12-92; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 12-1993, f. & 

cert. ef. 9-24-93, Renumbered from 340-020-0145, 340-020-0225,340-020-0305, 340-020-0355, 340-

020-0460 & 340-020-0520; DEQ 19-1993, f. & cert. ef. 11-4-93; DEQ 20-1993(Temp), f. & cert. ef. 11-

4-93; DEQ 13-1994, f. & cert. ef. 5-19-94; DEQ 21-1994, f. & cert. ef. 10-14-94; DEQ 24-1994, f. & 

cert. ef. 10-28-94; DEQ 10-1995, f. & cert. ef. 5-1-95; DEQ 12-1995, f. & cert. ef. 5-23-95; DEQ 22-

1995, f. & cert. ef. 10-6-95; DEQ 19-1996, f. & cert. ef. 9-24-96; DEQ 22-1996, f. & cert. ef. 10-22-96; 

DEQ 9-1997, f. & cert. ef. 5-9-97; DEQ 14-1998, f. & cert. ef. 9-14-98; DEQ 16-1998, f. & cert. ef. 9-

23-98; DEQ 21-1998, f. & cert. ef. 10-14-98; DEQ 1-1999, f. & cert. ef. 1-25-99; DEQ 6-1999, f. & 

cert. ef. 5-21-99]; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-020-0205,340-028-

0110; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 2-2005, f. & cert. ef. 2-10-05; DEQ 2-2006, f. & 

cert. ef. 3-14-06; DEQ 6-2007(Temp), f. & cert. ef. 8-17-07 thru 2-12-08; DEQ 8-2007, f. & cert. ef. 11-

8-07; DEQ 10-2008, f. & cert. ef. 8-25-08; DEQ 5-2010, f. & cert. ef. 5-21-10; DEQ 10-2010(Temp), f. 

8-31-10, cert. ef. 9-1-10 thru 2-28-11; Administrative correction 3-29-11. 
Attachment 3.2a, page 33 
Attachment 3.2a, page 34 

Table 2 

OAR 340-200-0020 

SIGNIFICANT EMISSION RATES 

I Pollutant I Emission Rate 

I Greenhouse Gases (C02e) 175,000 tons/year 

I Carbon Monoxide j1 00 tons/year 

I Nitrogen Oxides (NOx) I 40 tons/year 

I Particulate Matter 125 tons/year 

PM10 115 tons/year 

Direct PM2.5 _11 0 tons/year 

I PM2.s precursors (S02 or NO,) 140 tons/.~y~ea-r~-~~"i 

~~~lfu;~~;~;~;~)·------·-- ... ·-=~"~"~--=-. ---.. -. ----"--140 ~-ns~~ar-_ .-.. -. --~ 

r Vol;tile_Organic Com~ound~(~OC)------------------·:·-------------:-··--r 4~'to~;~~~~----~--

~~:;·;~~~-r~~r~(~;-;;~-~~l-···---'~----"·--c----·~-· ·--~--'~·-·--"·"-. ---------"-[:;;~~;;~~~--'--~--

Lead . ., 0.6 ton/year 

Fluorides ·13 tons/year 

~Acid_ Mist --·----- 17 tons/year 

I Hydrogen Sulfide --~~~~~~;~;;-~;--·---

! Total Reduced Sul~ur (incl~din~~y~~ogen ~~lfide) . . . . . . .. 110tons/year 

r Red~ce~~-~lfur co~~~~-nd~-(i~~luding~~;drogen ~ulfide) -------------.. -----·-·--r-~";-~~~;;;~~--~'--'-'"-

~~~~~~~~~~~~~T~~~~~~~n~~~=}~~~~~;;~~~;~-;~;r~~t-~;~~~~-~~~~~-~~;~~i~~;;d·r~~;~-;;;~-~;~~~~;;~;---

Municipal waste combustor metals (measured as particulate matter) 

Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen 

chloride) 

Municipal solid waste landfill emissions (measured as non methane organic 

compounds) 

15 tons/year I 

40 tons/year 

. 
Attachment 3.2a, page 35 

Table 3 

OAR 340-200-0020 

SIGNIFICANT EMISSION RATES FOR THE MEDFORD-ASHLAND AIR QUALITY 

MAINTENANCE AREA 

Air Contaminant I 

I ,, 

,, I 

PM10 J (5.0 tons) I (50.0 lbs.) 
Attachment 3.2a, page 36 

TABLE 4 

OAR 340-200-0020(33) 

De Minimis Emission Levels 

Pnlluhlnt De minimis , ., except as noted) 

"~"Gases (C02e) . 

1 

so2 

PM 1 

M'\onA'\ ., 

PM10/PM2s :• "- Af'I'AA 'I 0.5 [5.0 lbs/day] 

Fluorides 0.3 

<::. olf!ld..- 0.~ 

nyUIVlJ<"I 

RPrlii,Prl , "Yu•vl!"" sulfide) 

RF>rl"""rl Sulfur 

Municipal waste combustor organics (Dioxin and furans) 0.0000005 

ML,nv>po> ..-nmhl 1dnr , , >v•o>v 

Municipal waste combustor acid gases 1 

ML, >V>t-'.Ji 

lltU 
Attachment 3.2a, page 37 

TABLES 

OAR 340-200-0020(5960) 

Generic PSELs 

. ~~"~"v PSEL (tons/year, 

as noted) 

GreenhouseGases (C02e) 

so~ 

39 

PM 24 

PM10 (except Medford AQMA) 14 

PM10/PM2.5 <rv >U M'>'nl'.) ' '" -·~-.. , 

.. , 

Fluorides 2 

~ 

! R orl "~orl ling "JU>V~C" ~UH>UCJ 

Rori,~orl Sulfur 

Municipal waste combustor organics (Dioxin and furans) 0.0000030 

"''""'~ 

"'u' "'-''f'"' waste combustor acid gases 

Municipal solid waste landfill gases 49 

HAP 9 

Combined HAPs (aggregate) 24 
Attachment 3.2a, page 38 

340-200-0040 

State of Oregon Clean Air Act Implementation Plan 

(1) This implementation plan, consisting of Volumes 2 and 3 of the State of Oregon Air Quality Control 

Program, contains control strategies, rules and standards prepared by the Department of Environmental 

Quality and is adopted as the state implementation plan (SIP) of the State of Oregon pursuant to the 

federal Clean Air Act, 42 U.S.C.A 7401 to 7671q. 

(2) Except as provided in section (3), revisions to the SIP will be made pursuant to the Commission's 

rulemaking procedures in division 11 of this chapter and any other requirements contained in the SIP 

and will be submitted to the United States Environmental Protection Agency for approval. The State 

Implementation Plan was last modified by the Commission on December 15, 20HFebruary 16,2012. 

(3) Notwithstanding any other requirement contained in the SIP, the Department may: 

(a) Submit to the Environmental Protection Agency any permit condition implementing a rule that is 

part of the federally-approved SIP as a source-specific SIP revision after the Department has complied 

with the public hearings provisions of 40 CFR 51.102 (July 1, 2002); and 

(b) Approve the standards submitted by a regional authority if the regional authority adopts verbatim 

any standard that the Commission has adopted, and submit the standards to EPA for approval as a SIP 

revision. 

NOTE: Revisions to the State of Oregon Clean Air Act Implementation Plan become federally 

enforceable upon approval by the United States Environmental Protection Agency. If any provision of 

the federally approved Implementation Plan conflicts with any provision adopted by the Commission, 

the Department shall enforce the more stringent provision. 

Stat. Auth.: ORS 468.020, 468A.035 & 468A.070 

Stats. Implemented: ORS 468A.035 

Hist.: DEQ 35, f. 2-3-72, ef. 2-15-72; DEQ 54, f. 6-21-73, ef. 7-1-73; DEQ 19-1979, f. & ef. 6-25-79; 

DEQ 21-1979, f. & ef. 7-2-79; DEQ 22-1980, f. & ef. 9-26-80; DEQ 11-1981, f. & ef. 3-26-81; DEQ 

14-1982, f. & ef. 7-21-82; DEQ 21-1982, f. & ef. 10-27-82; DEQ 1-1983, f. & ef. 1-21-83; DEQ 6c1983, 

f. & ef. 4-18-83; DEQ 18-1984, f. & ef. 10-16-84; DEQ 25-1984, f. & ef. 11-27-84; DEQ 3-1985, f. & 

ef. 2-1-85; DEQ 12-1985, f. & ef. 9-30-85; DEQ 5-1986, f. & ef. 2-21-86; DEQ 10-1986, f. & ef. 5-9-

86; DEQ 20-1986,f. & ef. 11-7-86; DEQ 21-1986, f. & ef. 11-7-86; DEQ 4-1987, f. & ef. 3-2-87; DEQ 

5-1987, f. & ef. 3-2-87; DEQ 8-1987, f. & ef. 4-23-87; DEQ 21-1987, f. & ef. 12-16-87; DEQ 31-1988, 

f. 12-20-88, cert. ef. 12-23-88; DEQ 2-1991, f. & cert. ef. 2-14-91; DEQ 19-1991, f. & cert. ef. 11-13-

91; DEQ 20-1991,f. & cert. ef. 11-13-91; DEQ 21-1991, f. & cert. ef. 11-13-91; DEQ 22-1991, f. & 

cert. ef. 11-13-91; DEQ 23-1991, f. & cert. ef. 11-13-91; DEQ 24-1991, f. & cert. ef: 11-13-91; DEQ 

25-1991, f. & cert. ef. 11-13-91; DEQ 1-1992, f. & cert. ef. 2-4-92; DEQ 3-1992, f. & cert. ef. 2-4-92; 

DEQ 7-1992, f. & cert. ef. 3-30-92; DEQ 19-1992, f. & cert. ef. 8-11-92; DEQ 20-1992, f. & cert. ef. 8-

·11-92; DEQ 25-1992, f. 10-30-92, cert. ef. 11-1-92; DEQ 26-1992, f. & cert. ef. 11-2-92; DEQ 27-1992, 

f. & cert. ef. 11-12-92;DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 8-1993, f. & cert. ef. 5-11-93; DEQ 12-

1993, f. & cert. ef. 9-24-93; DEQ 15-1993, f. & cert. ef. 11-4-93; DEQ 16-1993, f. & cert. ef. 11-4-93; 

DEQ 17-1993, f. & cert. ef. 11-4-93; DEQ 19-1993, f. & cert. ef. 11-4-93; DEQ 1-1994, f. & cert. ef. 1-

3-94; DEQ 5-1994, f. & cert. ef. 3-21-94; DEQ 14-1994, f. & cert. ef. 5-31-94; DEQ 15-1994, f. 6-8-94, 

cert. ef. 7-1-94; DEQ 25-1994, f. & cert. ef. 11-2-94; DEQ 9-1995, f. & cert. ef. 5-1-95; DEQ 10-1995, 
Attachment 3.2a, page 39 

f. & cert. ef. 5-1-95; DEQ 14-1995, f. & cert. ef. 5-25-95; DEQ 17-1995, f. & cert. ef. 7-12-95; DEQ 19-

1995, f. & cert. ef. 9-1-95; DEQ 20-1995 (Temp), f. & cert. ef. 9-14-95; DEQ 8-1996(Temp), f. & cert. 

ef. 6-3-96; DEQ 15-1996, f. & cert. ef. 8-14-96; DEQ 19-1996, f. & cert. ef. 9-24-96; DEQ 22-1996, f. 

& cert. ef. 10-22-96; DEQ 23-1996, f. & cert. ef. 11-4-96; DEQ 24-1996, f. & cert. ef. 11-26-96; DEQ 

10-1998, f. & cert. ef. 6-22-98; DEQ 15-1998, f. & cert. ef. 9-23-98; DEQ 16-1998, f. & cert. ef. 9-23-

98; DEQ 17-1998, f. & cert. ef. 9-23-98; DEQ 20-1998, f. & cert. ef. 1 0-12-98; DEQ 21-1998, f. & cert. 

ef. 10-12-98; DEQ 1-1999, f. & cert. ef. 1-25-99; DEQ 5-1999, f. & cert. ef. 3-25-99; DEQ 6-1999, f. & 

cert. ef. 5-21-99; DEQ 10-1999, f. & cert. ef. 7-1-99; DEQ 14-1999, f. & cert. ef. 10-14-99, Renwnbered 

from 340-020-0047; DEQ 15-1999, f. & cert. ef. 10-22-99; DEQ 2-2000, f. 2-17-00, cert. ef. 6-1-01; 

DEQ 6~2000, f. & cert. ef. 5-22-00; DEQ 8-2000, f. & cert. ef. 6-6-00; DEQ 13-2000, f. & cert. ef. 7-28-

00; DEQ 16-2000, f. & cert. ef. 10-25-00; DEQ 17-2000, f. & cert. ef. 10-25-00; DEQ 20-2000 f. & cert. 

ef. 12-15-00; DEQ 21-2000, f. & cert. ef. 12-15-00; DEQ 2-2001, f. & cert. ef. 2-5-01; DEQ 4-2001, f. 

& cert. ef. 3-27-01; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 15-2001, f. & cert. ef. 12-26-01; 

DEQ 16-2001, f. & cert. ef. 12-26-01; DEQ 17-2001, f. & cert. ef. 12-28-01; DEQ 4-2002, f. & cert. ef. 

3-14-02; DEQ 5-2002, f. & cert. ef. 5-3-02; DEQ 11-2002, f. & cert. ef. 10-8-02; DEQ 5-2003, f. & cert. 

ef. 2-6-03; DEQ 14-2003, f. & cert. ef. 10-24-03; DEQ 19-2003, f. & cert. ef. 12-12-03; DEQ 1-2004, f. 

& cert. ef. 4-14-04; DEQ 10-2004, f. & cert. ef. 12-15·-04; DEQ 1-2005, f. & cert. ef. 1-4-05; DEQ 2-

2005, f. & cert. ef. 2-10-05; DEQ 4-2005, f. 5-13-05, cert. ef. 6-1-05; DEQ 7-2005, f. & cert. ef. 7-12-

05; DEQ 9-2005, f. & cert. ef. 9-9-05; DEQ 2-2006, f. & cert. ef. 3-14-06; DEQ 4-2006, f. 3-29-06, cert. 

ef. 3-31-06; DEQ 3-2007, f. & cert. ef. 4-12-07; DEQ 4-2007, f. & cert. ef. 6-28-07; DEQ 8-2007, f. & 

cert. ef. 11-8-07; DEQ 5-2008, f. & cert. ef. 3-20-08; DEQ 11-2008, f. & cert. ef. 8-29-08; DEQ 12-

2008, f. & cert. ef. 9-17-08; DEQ 14-2008, f. & cert. ef. 11-10-08; DEQ 15-2008, f. & cert. ef 12-31-08; 

DEQ 3-2009, f. & cert. ef. 6-30-09; DEQ 8-2009, f. & cert. ef. 12-16-09; DEQ 2-2010, f. & cert. ef. 3-5-

10; DEQ 5-2010, f. & cert. ef. 5-21-10; DEQ 14-2010, f. & cert. ef. 12-10-10; DEQ 1-2011, f. & cert. ef. 

2-24-11; DEQ 2-2011, f. 3-10-11, cert. ef. 3-15-11; DEQ 5-2011, f. 4-29-11, cert. ef. 5-1-11 

340-210-0100 

Registration in General 

STATIONARY SOURCE NOTIFICATION 

REQUIREMENTS 

Registration 

Attachment 3.2b, page 1 

(1) Any air contaminant source not subject to Air Contaminant Discharge Permits, OAR 340 division 

216, or Oregon Title V Operating Permits, OAR 340 division 218, must register with the Department 

upon request pursuant to OAR 340-210-0110 through 340-210-0120. 

(2) The fullowingowner or operator of an air contaminant sorncessource listed in subsection.(2)(a) of 

this rule that areis certified through a Department approved enviromnental certification program and 

subject to an Area Source NESHAP may register the source with the Department pursuant to OAR 340-

210-0110 through 340-210-0120 in lieu of obtaining a permit in accordance with OAR 340-216-0020, 

unless the Department determines that the source has not complied with the requirements of the 

enviromnental certification program. 

(a) The following air contaminant sources may be registered under this section: 

@Motor vehicle surface coating operations. 

ill) Dry cleaners using perchloroethylene. 

(;>_Q) Approved enviromnental certification program. To be approved, the enviromnental certification 

program must, at a minimum, require certified air contaminant sources to comply with all applicable 

state and federal rules and regulations and require additional measures to increase enviromnental 

protection. 

( 4.£) Fees. In order to obtain and maintain registration, owners and operators of air contaminant sources 

registered pursuant to this section (2) of this rule must pay the following mmual fees by March 1 of each 

year: 

(aA) Motor vehicle surface coating operations-- $240.00. 

(bfn Dry cleaners using perchloroethylene --$180.00. 

( oQ) Late fees. 

(Ai) 30 days late: 5% of annual fee. 

(BiD 31-60 days late: I 0% of annual fee. 

(Giii) 61 or more days late: 20% of annual fee. 
Attachment 3.2b, page 2 

( dD) Failure to pay fees. Registration is automatically terminated upon failure to pay annual fees within 

90 days of invoice by the Department, unless prior arrangements for payment have been approved in 

writing by the Department. 

( 5.\!) Recordkeeping. In order to maintain registration, owners and operators of air contaminant sources 

registered pursuant to section (2) of this mlesection must maintain records required by the approved 

environmental performance program under StJction (3subsection (2)(b) oft~is rule. The records must be 

kept on site and in a form suitable and readily available for expeditious inspection and review. 

(3) The owner or operator of an air contaminant source that is subject to a federal standaffiNSPS or 

NESHAP in 40 CFR Part 60 or 40 CFR Part 63 and that is not located at a source that is required to 

obtain a permit under OAR chapter 340, division 216 (Air Contaminant Discharge Permits) or OAR 

chapter 340, division 218 (Oregon Title V Operating Permits), must register and maintain registration 

with the Department pursuant to OAR 340-210-0110 through 340-210-0120 if requested in writing by 

the Department (or by EPA at the Department's request). 

( 61) Revocation. The Department may revoke a registration if a source fails to meet any requirement in 

OAR 340-210-0110. 

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, 468A.025, 468A.035, 468A.050 468A.070 & 468A.310 

Stats. Implemented: ORS 468 & 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 340-020-0005; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-

028-0500; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 8-2009, f. & cert. ef. 12-16-09 

340-210-0110 

Registration Requirements 

(!)Registration pursuant to OAR 340-210-0100(1) or (3) must be completed within 30 days following 

the mailing date of the request by the Department. 

(2) Registration must be made-completed by the owner, lessee of the source, or agent on forms furnished 

made available by the Departmentand completed by the owner, lessee of the source, or agent. If a form 

is not available from the Department, the registrant may provide the information using a format 

approved by the Department. 

(3) In order to obtain registration pursuant to OAR 340-210-01 00(1 ), the following information must be 

reported by registrants: 

(a) Name, address, and nature of business; 

(b) Name oflocal person responsible for compliance with these rules; 
Attachment 3.2b, page 3 

· (c) Name of person authorized to receive requests for data and information; 

(d) A description of the production processes and a related flow chart; 

(e) A plot plan showing the location and height of all air contaminant sources. The plot plan must also 

indicate the nearest residential or commercial property; 

(f) Type and quantity offuels used; 

(g) Amount, nature, and duration of air contaminant emissions; 

(h) Estimated efficiency of air pollution control equipment under present or anticipated operating 

conditions; 

(i) Any other information requested by the Department. 

(4) In order to obtain registration pursuant to OAR 340-210-0100(2), a sourceregistrant must submit the 

information in section (3)(a), (b), (c), and (i) of this rule and the following: 

(a) Information demonstrating that the air contaminant source is operating in compliance with all 

applicable state and federal rules and regulations, as requested by the Department. 

(b) Information demonstrating that the source is certified through an approved environmental 

certification program. 

(c) A signed statement that the submitted information is true, accurate, and complete. This signed 

statement shall state that, based on information and belief formed after reasonable inquiry, the 

statements and information in the document are true, accurate, and complete. 

(5) In order to obtain registration pmsuant to OAR 340-210-01 00(3), the following must be submitted 

by a registrant: 

(a) Name, address and nature of business or institution; 

(b) Name of local person responsible for compliance with these rules; 

(c) Name of person authorized to receive requests for data and information; 

(d) A description of the air contaminant source subject to regulation_,; 

(!0 Identification of the applicable regulation(s); 

ill Confirmation that approval to construct and operate the air contaminant source was obtained in 

accordance with OAR 340-210-0205 t!n·ough 340-021 0-0250,; 

(g) Confirmation that the air contaminant source is operating in compliance with all applicable state 

rules and regulations, including but not limited to OAR 340-208-0110 (visible air contaminant 

limitations) and 340-226-021 0 or 340-228-0210 (grain loading standar_<;W; 
Attachment 3.2b, page 4 

(h) Confinnation that the air contaminant source is OPQating in compliance with all applicable federal 

rules and regulations. including but not limited to 40 CFR Part 60 and Part 63 standards and work 

practice requirements. such as routine tune-up for boilers; and 

(i) Any other information requested by the Department. 

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, 468A.025, 468A.035, 468A.050, 468A.055, 468A.070 & 468A.310 

Stats. Implemented: ORS 468 & 468A 

I-Iist.: 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 340-020-0010; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-

028-0510; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 8-2009, f. & cert. ef. 12-16-09 

340-210-0120 

Re-Registration and Maintaining Registration 

(1) In order to re-register or maintain registration, pursuant to OAR 340-210-0100, a person responsible 

for an air contaminant source must reaffirm in writing, by March 1 of each year, the correctness and 

current status of the information furnished to the Department. 

(2) In order to re-register or maintain registration pursuant to OAR 340-210-0100(3): 

(a) The registrant must report Aeyany_change in any of the factualdatainformation reported under OAR 

340-210-0110(3) or (4) to the Department on a form furnishedmade available by the Department; and~ 

(b) The registrant must confirm the compliance status of the air contaminant source, including but not 

limited to compliance with any work practice requirements such as routine tune-ups. Confirmation must 

be made in writing on a form furnished by the Department. 

(3) In order to re-register, or maintain registration, a person must not have had their registration 

terminated or revoked within the last 3 years, unless the air contaminant source has changed ownership 

since termination or revocation. 

( 4) If a registered air contaminant source is sold or transferred, the sale or transfer must be reported to 

the Department by either the former owner or the new owner within 3 0 days of the date of sale or 

transfer. The new owner of the registered air contaminant source must register the air contaminant 

sonrce within 30 days of the date of sale or transfer in accordance with OAR 340-210-0110(2) and (5). 

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, 468A.035, 468A.050 & 468A.310 

Stats. Implemented: ORS 468 & 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-
Attachment 3.2b, page 5 

24-93, Renumbered from 340-020-0015; DEQ 14-1999, f. & ceti. ef. 10-14-99, Renumbered from 340-

028-0520; DEQ 6-2001, f. 6-18-01, cert. ef. 7-1-01; DEQ 8-2009, f. & cert. ef. 12-16-09 

Notice of Construction and Approval of Plans 

340-210-0250 

Approval to Operate 

(1) The approval to construct does not provide approval to operate the constructed or modified 

stationary source or air pollution control equipment unless otherwise allowed by either-section (2) of this 

rule or the ACDP or Oregon Title V Operating Permit programs (OAR 340 divisions 216 and 218). 

(2) Type 1 and 2 changes: 

(a) For sources that are not required to obtain a permit in accordance with OAR 340-216-0020, Type 1 

and 2 changes may be operated without further approval subject to the conditions of the Department's 

approval to construct provided in accordance with OAR 340-210-0240. 

{A) Approval to operate does not relieve the owner of the obligation of complying with applicable 

requirements that may include but are not limited to the general opacity standards in OAR 340-208-0110 

and general pruiiculate matter standards in OAR 340-226-0210 and OAR 340-228-0210. 

(B) If required by the Depruiment as a condition of the approval to construct or at any other time in 

accordance with OAR 340-212-0120. the owner or operator must conduct testing or monitoring to verify 

compliance with applicable requirements. Testing of boilers must be perfon11ed in accordance with 

OAR 340-212-0140. 

(C) The owner or operator must register the air contaminant source with the Department if required as a 

condition of the approval to construct or at any other time in accordance with OAR 340-210-0100. 

(b) For new sources that are required to obtain ru1 ACDP in accordance with OAR 340-216-0020, the 

ACDP, which allows operation, is required before operating Type 1 or 2 changes. 

(c) For sources currently operating under an ACDP, Type 1 and 2 changes may be operated without 

further approval unless the ACDP specifically prohibits the operation. 

(d) For sources currently operating under an Oregon Title V Operating Permit, Type 1 and 2 changes 

may only be operated in accordance with OAR 340-218-0190(2). 

(3) Type 3 and 4 changes: 

(a) For new sources, Type 3 or 4 changes require a standard ACDP before operation of the changes. 
Attachment 3.2b, page 6 

(b) For sources currently operating under an ACDP, approval to operate Type 3 or 4 changes will 

require a new or modified standard ACDP. All ACDP terms and conditions remain in effect until the 

ACDP is modified. · 

(c) For sources currently operating under an Oregon Title V Operating Permit, approval to operate Type 

3 or 4 changes must be in accordance with OAR 340-218-0190(2). 

[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 6-2001, f. 6-18-01, cert. ef. 7-1-01 
Attachment 3.2c, page 1 

REQUIREMENTS FOR FUEL BURNING EQUIPMENT AND FUEL SULFUR CONTENT 

340-228-0020 

Definitions 

The definitions in OAR 340-200-0020 and this rule apply to this division. If the same term is defined in 

this rule and OAR 340-200-0020, the definition in this rule applies to this division. 

(1) "ASTM" means the American Society for Testing and Materials. 

(2) "Coastal Areas" means Clatsop, Tillamook, Lincoln, Coos, and Curry Counties and those portions of 

Douglas and Lane County west of Range 8 West, Willamette Meridian. 

(3) "Distillate Fuel Oil" means any oil meeting the specifications of ASTM Grade 1 or 2 fuel oils; 

(4) "Fuel burning equipment" means equipment, other than internal combustion engines, the principal 

purpose of which is to produce heat or power by indirect heat transfer. 

(5) "New source" means any air contaminant source installed, eonstructed, or modified: 

(a) For purposes of OAR 340 228 0200-;-after January 1, 1972; and 

(b) For purposes of OAR 340 228 0210, after June 1, 1970. 

f60.) "Residual Fuel Oil" means any oil meeting the specifications of ASTM Grade 4, 5, or 6 fuel oils. 

(72) "Standard conditions" means a temperature of 68° Fahrenheit and a pressure of 14.7 pounds per 

square inch absolute. 

(&1) "Standard cubic foot" means the amount of gas that would occupy a volume of one cubic foot, if the 

gas were free of uncombined water at standard conditions. When applied to combustion flue gases from 

fuel or refuse burning, "standard cubic foot" also implies adjustment of gas volume to that which would 

result at a concentration of 12% carbon dioxide or 50% excess air. 

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. 

[Publications: Publications referenced are available from the agency.] 

Stat. Auth.: ORS 468 & 468A 

Stats. Implemented: ORS 468.020,-&-468A.025 & 468A.035 

Hist.: [DEQ 16, f. 6-12-70, ef. 7-11-70; DEQ 1-1984, f. & ef. 1-16-84; DEQ 4-1993, f. & cert. ef. 3-10-

93; DEQ 3-1996, f. & cert. ef. 1-29-96]; [DEQ 37, f. 2-15-72, ef. 3-1-72; DEQ 4-1993, f. & cert. ef. 3-

10-93]; [DEQ 37, f. 2-15-72, ef. 3-1-72; DEQ 4-1993, f. & cert. ef. 3-10-93]; DEQ 14-1999, f. & cert. 

ef. 10-14-99, Renumbered from 340-021-0005,340-022-0005, 340-022-0050; DEQ 8-2007, f. & cert. 

ef. 11-8-07 
Attachment 3.2c, page 2 

General Emission Standards for Fuel Burning Equipment 

340-228-0200 

Sulfur Dioxide Standards 

The following emission standards are applicable to new-sources installed, constructed. or modified after 

J anuarv 1, 1972 only: 

(!)For fuel burning equipment having a heat input capacity between 150 million BTU per hour and 250 

million BTU, no person may cause, suffer, allow, or permit the emission into the atmosphere of sulfur 

dioxide in excess of: 

(a) 1.4lb. per million BTU heat input, maximum three-hour average, when liquid fuel is burned; 

(b) 1.6 lb. per million BTU heat input, maximum three-hour average, when solid fuel is burned. 

(2) For fuel burning equipment having a heat input capacity of more than 250 million BTU per hour, no 

person may cause, suffer, allow, or permit the emission into the atmosphere of sulfur dioxide in excess 

of: 

(a) 0.8lb. per million BTU heat input, maximum three-hour average, when liquid fuel is burned; 

(b) 1.2 lb. per million BTU heat input, maximum three-hour average, when solid fuel is burned. 

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 & 468A 

Stats. Implemented: ORS 468.020,-&-468A.025 468A.035 & 468A.055 

Hist.: DEQ 37, f. 2-15-72, ef. 3-1-72; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 22-1996, f. & cert. ef. 

10-22-96; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0055; DEQ 8-2007, f. 

& cert. ef. 11-8-07 

340-228-0210 

Grain Loading Standards 

f!-)(1) Except as provided in sections (2) and (3) of this rule, Neno person shall cause, suffer, allow, or 

permit the emission of particulate matter, from any fuel burning equipment in excess of: 

(a) 0.2 grains per standard cubic foot for elCisting sourcessources installed, constructed, or modified on 

or before June 1, 1970; 

(b) 0.1 grains per standard cubic foot for new-sources installed, constructed, or modified after June 1, 

1970. 

(2) For sources burning salt laden wood waste on July 1, 1981, where salt in the fuel is the only reason 

for failure to comply with the above limits and when the salt in tbe fuel results from storage or 
Attachment 3.2c, page 3 

transportation of logs in salt water, the resulting salt portion of the emissions shall be exempted from 

subsection (1)(a) or (b) of this rule and OAR 340-208-0110. In no case shall sources burning salt laden 

woodwaste exceed 0.6 grains per standard cubic foot. · 

(a) This exemption and the alternative emissions standard are only applicable upon prior notice to the 

Department. 

(b) Sources which utilize this exemption, to demonstrate compliance otherwise with subsection (!)(a) or 

(b) of this rule, shall submit the results of a particulate emissions source test of the boiler stacks biannually . 

.Q) This rule does not apply to solid fuel burning devices that have been certified under OAR 340-262-

0500. 

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 & 468A 

Stats. Implemented: ORS 468.020,-&-468A.025 & 468A.035 

Hist.: DEQ 16, f. 6-12-70, ef. 7-11-70; DEQ 12-1979, f. & ef. 6-8-79; DEQ 6-1981, f. & ef. 2-17-81; 

DEQ 18-1982, f. & ef. 9-1-82; DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 3-1996, f. & cert. ef. 1-29-96; 

DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-021-0020; DEQ 8-2007, f. & cert. ef. 11-

8-07 

Attachment 3.2d, page 1 

HEAT SMART PROGRAM FOR RESIDENTIAL WOODSTOVES 

AND OTHER SOLID FUEL HEATING DEVICES 

340-262-0450 

Definitions 

The definitions in OAR 340-200-0020 and this rule apply to this Division. If OAR 340-0200-0020 and 

this rule define the same term, the definition in this rule applies to this Division. 

(1) "Antique woodstove" means a woodstove built before 1940 that has an ornate construction and a 

current market value substantially higher than a common woodstove manufactured during the same 

period. 

(2) "Central wood-fired furnace" means an indoor, wood-fired furnace that is thermostatically 

controlled, has a dedicated cold air inlet and dedicated hot air ontlet, and is connected to heating 

ductwork for the entire residential structure. 

(3) "CFR" means Code of Federal Regulations. 

(4) "Consumer" means a person who buys a solid fuel burning device for personal use. 

(5) "Cookstove" means an indoor wood-burning appliance designed for the primary purpose of cooking 

food. 

( 6) "Dealer" means a person that sells solid fuel burning devices to retailers or other dealers for resale. 

For the purpose of this Division, a dealer that is also an Oregon retailer shall be considered to be only a 

retailer. 

(7) "DEQ" means Oregon Department of Environmental Quality. 

(8) "Destroy" means to demolish or decommission to the extent that restoration or reuse as a heating 

device is impossible. 

(9) "EPA" means United States Environmental Protection Agency. 

(1 0) "EQC" means Environmental Quality Commission 

(11) "Federal Regulations" means 40 CFR, Part 60, Subpart AAA as in effect on July 1, 2010. 

(12) "Fireplace" means a site-built or factory-built masonry fireplace that is designed to be used with an 

open combustion chamber and that is without features to control air-to-fuel ratios. 

(13) "Hydronic heater" means a fuel-burning device which may be equipped with a heat storage unit, 

and which is designed to: 

(a) Bum wood or other automatically fed fuels such as wood pellets, shelled com, and wood chips; 

(b) Be installed according to the manufacturer's specifications either indoors or outdoors; and 
Attachment 3.2d, page 2 

(c) Heat building space and/or water via the distribution, typically through pipes, of a fluid heated in the 

device, typically water or a water/antifreeze mixture. 

(14) "Manufacturer" means a person who designs a solid fuel burning device, constructs a solid fuel 

burning device or constructs parts for solid fiJel burning devices. 

(15) "Masonry heater" means a site-built or site-assembled, solid fueled heating device constructed of 

structural masonry mass used to store heat from intermittent fires burned rapidly in the structure's 

firebox and slow release the heat to the site. Such solid-fueled heating device must meet the design and 

construction specifications set forth in ASTM E 1602-03, "Guide for Construction of Solid Fuel Burning 

Masonry Heaters." 

(16) "New solid fuel burning device" or "new device" means a solid fuel burning device defined under 

ORS 468A.485(4)(a) that has not been sold, bargained, exchanged, given away, acquired secondhand, or 

otherwise had its ownership transferred from the person who first acquired it from a retailer. 

(17) "PM! 0" means particulate matter less than I 0 microns. 

(18) "PM2.5" means particulate matter less than 2.5 microns. 

(19) "Pellet stove" means a heating device that uses wood pellets, or other biomass fuels designed for 

use in pellet stoves, as its primary source of fueL 

(20) "Phase 1 emission level qualified model" is a model of a hydronic heater that achieves an average 

emission level of0.60 lbs/million Btu heat input or less for all fuel types listed in the owner's manual 

and/or mentioned in marketing/sales materials, as acknowledged by EPA in writing to the manufacturer 

as part of EPA's acceptance of the model as a qualified model. 

(21) "Phase 2 emission level qualified model" is a model of a hydronic heater that achieves an average 

emissions level of 0.32lbs/million Btu heat output or less for all fuel types listed in the owner's manual 

and/or mentioned in marketing/sales materials, and that did not exceed 18.0 grams/hr of fine particles in 

any individual test run that was used in the calculation of the average, as acknowledged by EPA in 

writing to the manufacturer as part of EPA's acceptance of the model as a qualified model pursuant to 

the EPA Hydronic Heater Program Phase 2 Partnership Agreement. 

(22) "Residential structure" has the meaning given that term in ORS 701.005. 

(23) "Retailer" means a person engaged in the sale of solid fuel burning devices directly to consumers. 

(24) "Solid fuel burning device" or "device" means a woodstove or any other device that burns wood, 

coal or other nongaseous or non-liquid fuels for aesthetic, space-heating or water-heating purposes in or 

for a private residential structure or a commercial establishment and that has a heat output ofless than 

one million British thermal units per hour. Solid fuel burning device does not include: 

(a) Fireplaceii; 

(b) Antique stoveii; 

(c) Pellet stoves; 
Attachment 3.2d, page 3 

(d) Masonry heaters; 

(e) Central, wood-fired furnaces; ana 

(f) Saunas; and 

(g) Boilers subject to 40 CFR part 63, subpart DDDDD or subpart JJJJJJ, as in effect on February 16, 

2012 that obtain construction approval under OAR 340-210-0205 through 340-210-02450. 

(25) "Trash bumer" means any equipment that is used to dispose of waste by burning and has not been 

issued an air quality permit under ORS 468A.040. 

(26) "Treated Wood" means wood of any species that has been chemically impregnated, painted or 

similarly modified to prevent weathering and deterioration. 

(27) "Used solid fuel burning device" or "used device" means a solid fuel burning device that has been 

sold, bargained, exchanged, given away, or otherwise has had its ownership transferred. 

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 & 468A 

Stats. Implemented: ORS 468A.035 & 468A.460- 468A.515 

Hist.: DEQ 2-2011, f. 3-10-11, cert. ef. 3-15-11 

340-262-0600 

New and Used Solid Fuel Burning Devices Sold in Oregon 

(I) No person may advertise to sell, offer to sell or sell a new or used solid fuel burning device in 

Oregon unless: 

(a) The device has been certified for sale as new by DEQ pursuant to OAR 340-262-0500, or by EPA 

pursuant to 40 CFR part 60, subpart AAA; and 

(b) The device is permanently labeled as certified, or in the case of a hydronic heater is permanently 

labeled as a Phase I or Phase 2 emission level qualified model, with a label authorized by DEQ or EPA 

(2) Exempt devices. +h€-ful-lowing ar-e mcempt from this ruhnCookstoves are exempt from this tule in 

addition to those devices that are not considered solid fuel burning devices as defined in OAR 340-262-

0450(24). 

fb) Antique woodst~ 

(c) Cookstoves 
Attachment 3.2d, page 4 

(d) Fireplaces; 

(e}Masonry heaters; 

(f) Central, wood fired furnaces; and 

(3) Exempt consumer transactions. Consumer transactions are exempt from this rule, if the consumer: 

(a) Sells a used solid fuel burning device to a person in the business of reusing, reclaiming or recycling 

scrap metal and the person destroys the device; or 

(b) Remits a used device to a retailer for a price reduction on a new residential heating system. 

( 4) Prohibited label alteration. No person may alter DEQ or EPA authorized labels. 

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 & 468A 

Stats. Implemented: ORS 468A.035 & 468A.460 - 468A.515 

Hist.: DEQ 2-2011, f. 3-10-11, cert. ef. 3-15-11 
Attachment 4 

Evidence that the state followed the Administrative Procedures Act 

4.1 Public notice in the Secretary of State's Oregon Bulletin, August 1, 2011, publication 

4.2 Certificate and Order for Filing Permanent Administrative Rules, filed May 17,2012, 

and effective May 17, 2012 

Attachment 4.1, page 1 

ORE GO 

BULLETI 

Supplements the 2011 Oregon Administrative Rules Compilation 

Volume 50, No. 8 

August 1, 2011 

For June 16, 2011-July 15, 2011 

Published by 

KATE BROWN 

Secretary of State 

Copyright 20 II Oregon Secretary of State 
Attachment 4. 1, page 2 

NOTICES OF PROPOSED RULEMAKING 

Date: 

8-16-11 

Time: 

9a.m. 

Hearing Officer: Staff 

Location: 

Oregon State Library 

250 Winter St. NE 

Salem, OR 97301 

Stat. Auth.: ORS 315.141, 315.144 & 469.790 

Stats. Implemented: ORS 315.141,315.144 & 469.790 

Proposed Amendments: 330-170-0010, 330-170-0020, 330-170-

0030, 330-170-0040, 330-170-0050, 330-170-0060, 330-170-0070 

Last Date for Comment: 8-25-11 

Summary: The current biomass producer or collector tax credit rules 

implement the process and provide criteria for certifYing Biomass 

Producer or Collector Tax Credits, and establish the minimum discount value for transferred credits. The Oregon Department of Energy (ODOE) has identified improvements to these rules that will provide more clarity to applicants and ensure consistency for the 

.certification process. The rules will also allow implementation oflegislation from the 2011 session that made changes to the tax credit. 

This rulemaking will provide more clarity on the type of woody biomass that is eligible for a tax credit, ensure consistency in the way 

manure is measured for this tax credit, improve existing rule language, allow ODOE to conduct inspections as part of the review 

process, lower the application fee, adjust the supplemental information required with an application and adjust the minimum discount 

value for the transfer of these credits. 

Rules Coordinator: Kathy Stuttaford 

Address: Department of Energy, 625 Marion St. NE, Salem, OR 

97301 

Telephone: (503) 373-2127 

Rule Caption: Proce~ures for consumer-owned utility power 

purchases to comply wtth the greenhouse gas emissions standard. 

Oate: Time: Location: 

8-24-11 9 a.m. 625 Marion St. NE 

Salem, OR 97310 

Hearing Officer: Jo Morgan 

Stat. Auth.: ORS 757.522-757.538 & 469.040 

Stats. Implemented: ORS 757.522-757538 

Proposed Adoptions: 330-180-0010, 330-180-0020, 330-180-

0030, 330-180-0040, 330-180-0050, 330-180-0060, 330-180-0070, 

330-180-0080 

Last Date for Comment: 8-26-11 

Summary: The purpose of the ODOE rules is to provide procedures 

for consumer-owned utilities to implement Oregon's greenhouse gas 

emissions standard of ORS 757.528 AND 757.533 for power purchases. The proposed rules provide guidance for: 

• An output-based methodology for calculating greenhouse gases; 

• How electricity with no identified generation source will be 

addressed; and 

• A process for determining how facilities would be designated as 

a "low-carbon resource" in the future and be eligible for meeting the 

greenhouse gas standards. 

Rules Coordinator: Kathy Stuttaford 

Address: Department of Energy, 625 Marion St. NE, Salem, OR 

97301 

Telephone: (503) 373-2127 

Department of Environmental Quality 

Chapter 340 

Rule Caption: Small and mid-size boiler rule amendments. 

Date: Tiine: Location: 

8-18-11 6 p.m. DEQ HQ, Rm. EQC-A 

811 SW Sixth Ave. 

Portland, OR 

Hearing Officer: Carrie Ann Capp 

Stat. Auth.: ORS 468, 468A, 468.020, 468A025, 468A.035, 

468A.050, 468A. 055, 468A.070, 468A.460-468A.515 & 468A.3l0 

Slats. Implemented: ORS 468, 468A, 468.020, 468A.025, 

468A.035, 468A.050, 468A. 055, 468A.070 & 468A.460-468A.515 

Proposed Amendments: 340-200-0020, 340-200-0040, 340-210-

0 l 00, 340-210-0110, 340-210-0120, 340-210-0250, 340-212-0140, 

340-228-0020, 340-228-0200, 340-228-0210, 340-262-0450, 340-

262-0600 

Last Date for Comment: 8-25-ll 

Summary: Current Heat Smart rules under OAR chapter 340 divisio~ 262 prohibit uncertified small biomass boilers and other solid 

fuel boilers with heat output less than one million British thermal 

units per hour from being sold in Oregon. For small-scale and midsize commercial, industrial and institutional boilers already subject 

to federal National Emission Standards for Hazardous Air Pollutants, 

the proposed rule would: 

• Provide an exemption from Heat Smart regulations if the owner 

or operator obtains construction approval under OAR chapter 340 

division 210. 

• Require registration of boilers that are either exempt from Heat 

Smart certification requirements or that are above the Heat Smart 

threshold but below the air quality permitting thresholds. The registration would include confirmation that the boiler complies with 

other existing state and federal air quality regulations. 

Creating the proposed exemption from Heat Smart regulations 

would allow small-scale commercial, industrial and institutional biomass boilers already subject to federal National Emission Standards 

for Hazardous Air Pollutants to be sold in Oregon. The proposed registration rules would enable DEQ to track compliance for small-scale 

and mid-sized commercial, industrial and institutional boilers. Registration of a boiler does not authorize its operation like an air quality permit; however, it does provide DEQ with information about the 

location and compliance status of boilers that are not required to 

obtain permits. 

These amendments, if adopted, will be submitted to the U.S. Environmental Protection Agency (EPA) as a revision to the Oregon Staie 

Implementation Plan, which implements a number of air pollution 

programs of the federal Clean Air Act in Oregon. 

Rules Coordinator: Maggie Vandehey 

Address: Department ofEnvironmental Quality, 811 SW Sixth Ave., 

Portland, OR 97204-1390 

Telephone: (503) 229-6878 

Rule. Captio~: Underground Storage Tank Soil Matrix Cleanup 

Servtce Prov1der and Supervisor Licensing Categories- repeal. 

Stat. Auth.: ORS 468.020,465.200-465.320 & 466.706-466.995 

Slats. Implemented: ORS 466.750 

Proposed Repeals: 340-162-0005, 340-162-0010, 340-162-0020, 

340-162-0025, 340-162-0030, 340-162-0035, 340-162-0040, 340-

162-0150 

Last Date for Comment: 7-29-11, 5 p.m. 

Summary: This proposed rule would repeal the Underground Storage Tank (UST) Soil Matrix Cleanup Service Provider License and 

the UST Soil Matrix Supervisor License. 

• The UST Soil Matrix Cleanup Service Provider License is for 

businesses perfonning soil matrix cleanup services at regulated tank 

sites. The two-year license fee is $600. 

• The UST Soil Matrix Cleanup Supervisor License is for individuals performing soil matrix cleanups. Supervisors must demonstrate their knowledge of the rules by passing a qualifYing examination given by the International Code Council through a 

professional testing company. The examination cost is $70 and the 

two-year license fee is $150. 

Rules Coordinator: Maggie Vandehey 

Address: Department of Environmental Quality, 811 SW Sixth Ave., 

Portland, OR 97204-1390 

Telephone: (503) 229-6878 
Oregon Bulletin August 2011: Volume 50, No. 8 

12 

Attachment 4.1, page 3 

. Secretary of State 

Certificate and Order for Filing 

PERMANENT ADMINISTRATIVE RULES 

Attachment 4.2, page 1 

!:'certify that the attached copies* are true, full and correct copies of the PERMANENT Rule(s) adopted on February 16, 2012, by 

the 

Date prior to or same as filing date 

0J:"egon Department of Environmental Quality 340 

Agency and Division 

Maggie Vandehey 

Rules Coordinator 

to become effective upon filing. 

ADOPT:N/A 

Administrative Rules Chapter Number 

811 SW Sixth Avenue, Portland, OR 97204-!390 

Address 

Rulemaking Notice was published in the August 2011 Oregon B';Illetin.. "'* 

RULE CAPTION 

Small and mid-size boiler rule amendments. 

RULEMAKING ACTION 

(503) 229-6878 

Telephone 

AMEND: 0AR340-200-0020, 3®-200-0040,340-210-0!00, 340-210-0110, 340-2!0-0!20, 340-210-0250,340--228-0020,340-228-

0200, 340-228-0210, 340-262-0450 and 340--262-0600 

REPEAL:N/A 

RENUMBER' N/A 

AMEND & RENUMSER: NIA 

FILED 

MAY f7 Z01Z 

ARCHIVES DIVISION· 

SECRETARY OF STArE 

Stat Auth.: ORS 468, 468A, 468.020, 468A.025, 468A.035, 468A.050, 468A.055, 468A.070, 468A.460 to 468A.515 and 

468A.310 . 

Other Auth.: Nl A 

Stall;. Implemented: ORS 468, 468A, 468.020, 468A.025, 468A.035, 468A.050, 468A.055, 468A.070, 468A.460 to 468A.515 

RULE SUMMARY 

The Heat Smart rules under OAR chapter 340 division 262 prohibit the sale of uncertified biomass boilers and other solid fuel 

burnillg devices with maximum beat output capacities below one million British thermal units per hour in Oregon. For small-scale 

and mid-size commercial, industrial and institutional solid.fuel-fired boilers that are not under a DEQ il.ir quality permit but are 

already subject to federal National Emission Standards for Hazardous Air Pollutants, the rules adopted by the EQC: 

• Provide an exemption from Heat Smart certification requirements if the owner or operator obtains construction approval 

from DEQ under OAR chapter 340 division 210. 

• Require registration of a boiler with DEQ upon· written request. Registration includes confirmation that the boiler 

complies with existing applicable state visible emissions standards and federal air toxics :regulations. 

The exemption from Heat Smart allows small-scale commercial, industrial and institutional biomass boilers already subject to 

federal National Emission Standards for Hazardous Air Pollutants to be sold in Oregon while ensuring it meets applicable. air 

quality standards. Registration of a boiler does not authori7.e its operation like an air quality permit; however, it does provide DEQ 

with infornlation about the location and compliance status of solid fuel boilers located at facilities that are not required to obtaln air 

emissions permits. 

Attachment 5 

Evidence of adequate public notice 

5.1 Affidavit of Publication: The Oregonian, July 18,2011, edition 

Attachment 5.1, page 1 

·tal-OregonLive.com 

1320 S.W. Broadw~y, Portland, OR 97201-3499 

Affidavit of Publication 

I, Glenda Batter, being first duly sworn depose and say that I am the Principal Clerk of The Publisher ofThe·Oregonian, a newspaper 

of general circulation, as defined by ORS 193.010 and 193.020, published in the City of Portland, in Multnomah County, Oregon; that 

the preprint insertion was distributed in the listed zip codes of The Oregonian or the issue on the following date(s): 

DEQ Business Office 

#3202734 

07/18/1! 

7 Principal Clerk of the Publisher 

Subscribed and swom to before me on Mayl5, 2012, 

Notary Public for Oregon 1 
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The Oregonian Order Confirmation for Ad #0003202734 

oreg~n D~partm.ent of 

EnVironmental Qulility 

N!)tlce.of P_ublic Hearlng:on PrQposed_ Air-Quality ·Rule .. ~mendn'tents 

These amendments, ifadopwd, will 00 sul:!m~ to ~h:e' u.s, E!llflrO!'lmMtal 

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8ltsW-6th Avenue, Room EQC-A. oral and WJ:i<wn eommentwi!l be acoeoted a the.lll!arlrlg. 

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Customer Information 

Account# 2000062606 

DEQ Business Offre 

811 SW 6 Ave,AUn: Dee David/Accounting 

Portland OR 97204-1390 USA 

Phone 503-229-5562 

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503-229-5265 

GAMOLO.Gerald@deq.state.or.us 

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Portland OR 97204·1390 USA 

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OREGONDEPARTMENTOFENV!RONMENTALQUALITYNOTJCEOFPUBUCHEAR!NGONPROPOSEOAIRQUAUTYRULEAMENDMENTSTHEOREGONOEPARTMENTOFE 

~unSeh~ulehw~e!!:t _ _?regonDepartmentof Environmenta!Qtlality Notice~P~eJ2_ _________________ _ 

Printed on; 711212011 4:30:33PM Page ·r ol 2 
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Contact Tim Rain 

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Attachment 6 

Certification of public hearing 

See paragraph #3 of cover letter and Attachment 7 .I 

Attachment 7 

Compilation of public comment and department's response 

7.1 Presiding Officer's Report for mlemaking hearing on August 18, 2011, dated September 16, 

2011 

7.2 Summary of public comment and agencyresponse, dated September 12,2011 

Attachment 7.1, page 1 

State of Oregon 

Department of Environmental Quality Memorandum 

To: 

From: 

Subject: 

Presiding Officer's Report 

Date: September 16, 20 11 

Environmental Quality Commission 

Carrie Capp, Air Quality Planner, DEQ-HQ 

Presiding Officer's Report for Rulemaking Hearing 

Title of Proposal: Small and Mid-size Boiler Rule Amendments 

Hearing Date and Time: August 18, 2011 6:00p.m. 

Hearing Location: DEQ Headquarters, Conference Room EQC-A 

811 SW6th Ave. Portland, Oregon 

The Department convened the rulemaking hearing on the proposal referenced above at 6:00p.m. 

and closed it at 6:52p.m. Other than DEQ staff, no one attended the hearing; no one testified. 

During the public comment period DEQ did receive written comments from one commenter. 

The Department will include the comments in the Summary of Comments and Agency 

Responses for this rulemaking. 

Attachment 7.2, page 1 

Summary of public comment and agency response 

Title of Rulemaking: Small and Mid-size Boiler Rule Amendments 

Prepared by: 

Date: 

Comment 

period 

Organization 

of comments 

and 

responses 

Comment1 

Response 

Comment2 

Carrie Capp 

Sept. 12, 2011 

DEQ held a public comment period July 16 to 5 p.m. Aug. 25,2011 and a 

public hearing 6 p.m., Aug. 18, 2011, at the Oregon Department of 

Enviromnental Quality Headquarters Office located at 811 SW 6tl' Ave., 

Portland, Oregon. No one attended the hearing and no one testified. One 

commenter submitted written comments via email during this period. 

Summaries of comments and DEQ's responses are provided below. 

Comments are summarized in categories. Those who provided each comment 

are referenced by number. A list of commenters and their reference numbers 

follows the sununary of comments and responses. 

Summary of comments and agency responses 

There are bills in Congress currently that would postpone or avoid entirely the 

industrial boiler MACT regulations finalized in February. If that is true, will 

the DEQ rule still exempt small and mid-sized boilers from compliance with 

Heat Smart, or will it only exempt those boilers that are in fact covered by the 

boiler MACT? 

If Congress modifies or repeals the federal small boiler NESHAP after EQC 

adopts these rules, the commission's rules will still exempt small boilers from 

Heat Smart if those boilers were subject to the boiler federal emissions 

standards for hazardous air pollutants that were in place on the day when 

EQC adopted its rules. Oregon's constitution prohibits EQC from 

automatically incorporating future changes to the federal rule into its rules. 

Should changes in the federal small boiler NESHAP occur, DEQ will 

evaluate what, if any, revisions to the state rules are needed, and recommend 

that the commission modifY the rules accordingly through the public 

rulemaking process. 

The proposed permanent rules would exempt small-scale commercial, 

industrial and institutional boilers from the Heat Smart regulations if they are 

subject to federal emissions standards for hazardous air pollutants and the 

user complies with existing construction approval requirements. So, this new 

rule would only apply if the boiler MACT is applied to a particular source? 

Would Heat Smart apply until then? Would Heat Smart re-apply if the MACT 

is overridden by congressional action? 
Response 

Comment3 

Response 

Reference 

Number 

Attachment 7.2, page 2 

Heat Smart applies to the sale of small residential and commercial solid fuel 

heating devices (e.g. wood stoves); uncertified devices may not be sold as 

new or used in Oregon. Under the temporary rule, small commercial boilers 

subject to the boiler federal emissions standards for hazardous air pollutants 

do not have to be Heat Smart-certified to be sold. The proposed permanent 

rule would continue this exemption for small boilers that meet construction 

approval requirements. Heat Smart rules could not apply to an in-use 

commercial boiler, since the rules only apply to the point of sale for these 

boilers. However, if the NESHAPs are repealed in the future, in-use boilers 

would still be required to meet state particulate emission limits, and DEQ 

would evaluate what, if any, revisions to the state rule were needed. 

The language in the proposed rule: "The owner or operator of a boiler that is 

subject to [the MACT] as in effect on December 16, 2011," seems confusing 

because a source could be "subject to [MACT] as in effect on December 16, 

2011," but that MACT may go away soon after, or before, resulting in a need 

to amend the rule. For example, if the MACT is overridden by congressional 

action before December 16,2011, but before EQC adopts the rule, DEQ will 

perhaps want to make changes to the rule - as no one will be "subject to" 40 

CFR part 63, subpart JJJJJJ or DDDDD. Similarly, if the MACT is 

overridden after December 16, 20 II, and after EQC approval, those that were 

subject will no longer be, thus the rule will not be applicable to them. If that's 

the case, it seems that small and mid-sized boilers will still be subject to heat 

smart. 

The exemption applies to boilers that would be subject to the boiler federal 

emissions standards for hazardous air pollutants as it exists on Dec. 15, 

2011 *, even if the standard changes in the future. In other words, the current 

applicability of the standard determines which boilers qualify for the Heat 

Smart rule exemption. Those boilers will have to meet whatever state and 

federal standards apply in the future, but the applicability of the exemption 

from the Heat Smart rules will not change unless the EQC changes the state 

rules. 

*NOTE: The date of Dec. 16, 2011, originally proposed under this rule 

amendment was revised to Dec. 15,2011, to reflect the actual day this 

proposal was scheduled for EQC adoption. 

List of commenters and reference numbers 

Name Organization Address Date on 

comments 

1, 2, 3 Aubrey Baldwin Pacific Lewis and Clark Law July 29, 

Environmental School 10015 SW 2011 

Advocacy Center Terwilliger Blvd. 

(PEA C) Portland, OR 97219